§ 1932.
(d)
Joint loans or grants for private business enterprises; restrictions; system of certification for expeditious processing of requests for assistance; prior approval of grant or loan; equity investment as condition for loan commitment; issuance of certificates of beneficial ownership of notes
(1)
The Secretary may participate in joint financing to facilitate development of private business enterprises in rural areas with the Economic Development Administration, the Small Business Administration, and the Department of Housing and Urban Development and other Federal and State agencies and with private and quasi-public financial institutions, through joint loans to applicants eligible under subsection (a) for the purpose of improving, developing, or financing business, industry, and employment and improving the economic and environmental climate in rural areas or through joint grants to applicants eligible under subsection (c) for such purposes, including in the case of loans or grants the development, construction, or acquisition of land, buildings, plants, equipment, access streets and roads, parking areas, utility extensions, necessary water supply and waste disposal facilities, refining, service and fees.
(2)
No financial or other assistance shall be extended under any provision of this section, except for cases in which such assistance does not exceed $1,000,000 or for cases in which direct employment will not be increased by more than fifty employees, that is calculated to or is likely to result in the transfer from one area to another of any employment or business activity provided by operations of the applicant, but this limitation shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity if the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations unless there is reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations.
(3)
No financial or other assistance shall be extended under any provision of this section, except for cases in which such assistance does not exceed $1,000,000 or for cases in which direct employment will not be increased by more than fifty employees, which is calculated to or likely to result in an increase in the production of goods, materials, or commodities, or the availability of services or facilities in the area, when there is not sufficient demand for such goods, materials, commodities, services, or facilities, to employ the efficient capacity of existing competitive commercial or industrial enterprises, unless such financial or other assistance will not have an adverse effect upon existing competitive enterprises in the area.
(4)
No financial or other assistance shall be extended under any provision of this section, except for cases in which such assistance does not exceed $1,000,000 or for cases in which direct employment will not be increased by more than fifty employees, if the Secretary of Labor certifies within 30 days after the matter has been submitted to him by the Secretary of Agriculture that the provisions of paragraphs (2) and (3) of this subsection have not been complied with. The Secretary of Labor shall, in cooperation with the Secretary of Agriculture, develop a system of certification which will insure the expeditious processing of requests for assistance under this section.
(5)
No grant or loan authorized to be made under this chapter shall require or be subject to the prior approval of any officer, employee, or agency of any State.
(6)
No loan commitment issued under this section shall be conditioned upon the applicant investing in excess of 10 per centum in the business or industrial enterprise for which purpose the loan is to be made unless the Secretary determines there are special circumstances which necessitate an equity investment by the applicant greater than 10 per centum.
(7)
No provision of law shall prohibit issuance by the Secretary of certificates evidencing beneficial ownership in a block of notes insured or guaranteed under this chapter or Title V of the Housing Act of 1949 [
42 U.S.C. 1471 et seq.]; any sale by the Secretary of such certificates shall be treated as a sale of assets for the purposes of chapter 11 of title 31. Any security representing beneficial ownership in a block of notes guaranteed or insured under this chapter or Title V of the Housing Act of 1949 issued by a private entity shall be exempt from laws administered by the Securities and Exchange Commission, except sections 77q, 77v, and 77x of title 15; however, the Secretary shall require (i) that the issuer place such notes in the custody of an institution chartered by a Federal or State agency to act as trustee and (ii) that the issuer provide such periodic reports of sales as the Secretary deems necessary.
(e)
Rural cooperative development grants
(1)
Definitions
In this subsection:
(A)
Nonprofit institution
(4)
Application
Any nonprofit institution seeking a grant under paragraph (2) shall submit to the Secretary an application containing a plan for the establishment and operation by the institution of a center or centers for cooperative development. The Secretary may approve the application if the plan contains the following:
(A)
A provision that substantiates that the center will effectively serve rural areas in the United States.
(B)
A provision that the primary objective of the center will be to improve the economic condition of rural areas through cooperative development.
(C)
A description of the activities that the center will carry out to accomplish the objective. The activities may include the following:
(i)
Programs for applied research and feasibility studies that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center.
(ii)
Programs for the collection, interpretation, and dissemination of information that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center.
(iii)
Programs providing training and instruction for individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center.
(iv)
Programs providing loans and grants to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center.
(v)
Programs providing technical assistance, research services, and advisory services to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center.
(vi)
Programs providing for the coordination of services and sharing of information among the center.
1
So in original. Probably should be “centers.”
(D)
A description of the contributions that the activities are likely to make to the improvement of the economic conditions of the rural areas for which the center will provide services.
(E)
Provisions that the center, in carrying out the activities, will seek, where appropriate, the advice, participation, expertise, and assistance of representatives of business, industry, educational institutions, the Federal Government, and State and local governments.
(F)
Provisions that the center will take all practicable steps to develop continuing sources of financial support for the center, particularly from sources in the private sector.
(G)
Provisions for—
(i)
monitoring and evaluating the activities by the nonprofit institution operating the center; and
(ii)
accounting for money received by the institution under this section.
(5)
Awarding grants
Grants made under paragraph (2) shall be made on a competitive basis. In making grants under paragraph (2), the Secretary shall give preference to grant applications providing for the establishment of centers for rural cooperative development that—
(A)
demonstrate a proven track record in carrying out activities to promote and assist the development of cooperatively and mutually owned businesses;
(B)
demonstrate previous expertise in providing technical assistance in rural areas to promote and assist the development of cooperatively and mutually owned businesses;
(C)
demonstrate the ability to assist in the retention of businesses, facilitate the establishment of cooperatives and new cooperative approaches, and generate employment opportunities that will improve the economic conditions of rural areas;
(D)
commit to providing technical assistance and other services to underserved and economically distressed areas in rural areas of the United States;
(E)
demonstrate a commitment to—
(i)
networking with and sharing the results of the efforts of the center with other cooperative development centers and other organizations involved in rural economic development efforts; and
(ii)
developing multiorganization and multistate approaches to addressing the economic development and cooperative needs of rural areas; and
(F)
commit to providing a 25 percent matching contribution with private funds and in-kind contributions, except that the Secretary shall not require non-Federal financial support in an amount that is greater than 5 percent in the case of a 1994 institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (
7 U.S.C. 301 note;
[Public Law 103–382])).
(7)
Authority to extend grant period
(8)
Technical assistance to prevent excessive unemployment or underemployment
(9)
Grants to defray administrative costs
(10)
Cooperative research program
(11)
Addressing needs of minority communities
(A)
Definition of socially disadvantaged group
(B)
Reservation of funds
(i)
In general
If the total amount appropriated under paragraph (13) for a fiscal year exceeds $7,500,000, the Secretary shall reserve an amount equal to 20 percent of the total amount appropriated for grants for cooperative development centers, individual cooperatives, or groups of cooperatives—
(I)
that serve socially disadvantaged groups; and
(II)
a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups.
(ii)
Insufficient applications
(12)
Interagency working group
(13)
Authorization of appropriations
([Pub. L. 87–128, title III, § 310B], as added [Pub. L. 92–419, title I, § 118(a)], Aug. 30, 1972, [86 Stat. 663]; amended [Pub. L. 91–524, title VIII, § 817], as added [Pub. L. 93–86, § 1(27)(B)], Aug. 10, 1973, [87 Stat. 241]; [Pub. L. 95–113, title XV, § 1503(b)], Sept. 29, 1977, [91 Stat. 1021]; [Pub. L. 95–334, title I, § 112], Aug. 4, 1978, [92 Stat. 424]; [Pub. L. 96–358, § 5], Sept. 25, 1980, [94 Stat. 1187]; [Pub. L. 96–438, § 1(2)], Oct. 13, 1980, [94 Stat. 1871]; [Pub. L. 99–409, § 2], Aug. 28, 1986, [100 Stat. 923]; [Pub. L. 100–203, title I, § 1504], Dec. 22, 1987, [101 Stat. 1330–28]; [Pub. L. 101–624, title XXIII], §§ 2325, 2337, 2347, formerly 2347(a), 2386, 2388(b), (c), Nov. 28, 1990, [104 Stat. 4013], 4022, 4034, 4051, 4052; [Pub. L. 102–237, title VII, § 701(c)], (h)(1)(C), (D), Dec. 13, 1991, [105 Stat. 1879], 1880; [Pub. L. 102–552, title V, § 516(d)], Oct. 28, 1992, [106 Stat. 4137]; [Pub. L. 102–554, § 6], Oct. 28, 1992, [106 Stat. 4144]; [Pub. L. 104–127, title VI], §§ 635(b), 661(d), title VII, §§ 705(1), 747(a), 759B, Apr. 4, 1996, [110 Stat. 1093], 1107, 1112, 1125, 1138; [Pub. L. 104–180, title VII, § 731], Aug. 6, 1996