Sec. 314. FARM CREDIT SYSTEM INSTITUTIONS

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## SEC. 314 FARM CREDIT SYSTEM INSTITUTIONS **[**[15 U.S.C. 636 note](/us/usc/t15/s636)**]** ###

(a)Definition of Farm Credit System Institution In this section, the term “Farm Credit System institution”— ####

(1)means an institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); and ####

(2)does not include the Federal Agricultural Mortgage Corporation. ###

(b)Facilitation of Participation in PPP and Second Draw Loans ####

(1)Applicable rules Solely with respect to loans under paragraphs

(36)and

(37)of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), Farm Credit Administration regulations and guidance issued as of July 14, 2020, and compliance with such regulations and guidance, shall be deemed functionally equivalent to requirements referenced in section 3(a)(iii)(II) of the interim final rule of the Administration entitled “Business Loan Program Temporary Changes; Paycheck Protection Program” (85 Fed. Reg. 20811 (April 15, 2020)) or any similar requirement referenced in that interim final rule in implementing such paragraph (37). ####

(2)Applicability of certain loan requirements For purposes of making loans under paragraph

(36)or

(37)of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving those loans in accordance with section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, and subparagraph

(J)of such paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including regulations issued under those sections) shall not apply. ####

(3)Risk weight #####

(A)In general With respect to the application of Farm Credit Administration capital requirements, a loan described in subparagraph (B)— ######

(i)shall receive a risk weight of zero percent; and ######

(ii)shall not be included in the calculation of any applicable leverage ratio or other applicable capital ratio or calculation. #####

(B)Loans described A loan referred to in subparagraph

(A)is— ######

(i)a loan made by a Farm Credit Bank described in section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to a Federal Land Bank Association, a Production Credit Association, or an agricultural credit association described in that section to make loans under paragraph

(36)or

(37)of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgive those loans in accordance with section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, and subparagraph

(J)of such paragraph (37); or ######

(ii)a loan made by a Federal Land Bank Association, a Production Credit Association, an agricultural credit association, or the bank for cooperatives described in section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) under paragraph

(36)or

(37)of section 7(a) of the Small Business Act (15 U.S.C. 636(a)). ###

(c)Effective Date; Applicability This section shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

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