479 
‘‘SEC. 3403. PROVISION OF INFORMATION TO BORROWERS. 
‘‘(a) APPROVAL NOTIFICATION.—The Secretary shall 
approve or disapprove an application for a loan or loan 
guarantee made under this subtitle, and notify the appli-
cant of such action, not later than 60 days after the date 
on which the Secretary has received a complete application 
for the loan or loan guarantee. 
‘‘(b) LIST OF LENDERS.—The Secretary shall make 
available to any farmer, on request, a list of lenders in 
the area that participate in guaranteed farmer program 
loan programs established under this subtitle, and other 
lenders in the area that express a desire to participate in 
the programs and that request inclusion on the list. 
‘‘(c) OTHER INFORMATION.— 
‘‘(1) IN GENERAL.—On the request of a bor-
rower, the Secretary shall make available to the bor-
rower— 
‘‘(A) a copy of each document signed by 
the borrower; 
‘‘(B) a copy of each appraisal performed 
with respect to the loan; and 
‘‘(C) any document that the Secretary is 
required to provide to the borrower under any 
law in effect on the date of the request. 
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not supersede any duty imposed on the Sec-
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retary by a law in effect on January 5, 1988, unless 
the duty directly conflicts with a duty under para-
graph (1). 
‘‘SEC. 3404. NOTICE OF LOAN SERVICE PROGRAMS. 
‘‘(a) REQUIREMENT.—The Secretary shall provide 
notice by certified mail to each borrower who is at least 
90 days past due on the payment of principal or interest 
on a loan made under this subtitle. 
‘‘(b) CONTENTS.—The notice required under sub-
section (a) shall— 
‘‘(1) include a summary of all primary loan 
service programs, homestead retention programs, 
debt settlement programs, and appeal procedures, 
including the eligibility criteria, and terms and con-
ditions of the programs and procedures; 
‘‘(2) include a summary of the manner in which 
the borrower may apply, and be considered, for all 
such programs, except that the Secretary shall not 
require the borrower to select among the programs 
or waive any right to be considered for any program 
carried out by the Secretary; 
‘‘(3) advise the borrower regarding all filing re-
quirements and any deadlines that must be met for 
requesting loan servicing; 
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‘‘(4) provide any relevant forms, including ap-
plicable response forms; 
‘‘(5) advise the borrower that a copy of regula-
tions is available on request; and 
‘‘(6) be designed to be readable and under-
standable by the borrower. 
‘‘(c) CONTAINED IN REGULATIONS.—All notices re-
quired by this section shall be contained in the regulations 
issued to carry out this subtitle. 
‘‘(d) TIMING.—The notice described in subsection (b) 
shall be provided— 
‘‘(1) at the time an application is made for par-
ticipation in a loan service program; 
‘‘(2) on written request of the borrower; and 
‘‘(3) before the earliest of the date of— 
‘‘(A) initiating any liquidation; 
‘‘(B) requesting the conveyance of security 
property; 
‘‘(C) accelerating the loan; 
‘‘(D) repossessing property; 
‘‘(E) foreclosing on property; or 
‘‘(F) taking any other collection action. 
‘‘(e) CONSIDERATION
OF BORROWERS
FOR LOAN 
SERVICE PROGRAMS.— 
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‘‘(1) IN GENERAL.—The Secretary shall con-
sider a farmer program loan borrower for all loan 
service programs if, not later than 60 days after re-
ceipt of the notice described in subsection (b), the 
borrower requests the consideration in writing. 
‘‘(2) PRIORITY.—In considering a borrower for 
a loan service program, the Secretary shall place the 
highest priority on the preservation of the farming 
operations of the borrower. 
‘‘SEC. 3405. PLANTING AND PRODUCTION HISTORY GUIDE-
LINES. 
‘‘(a) IN GENERAL.—The Secretary shall ensure that 
appropriate procedures, including, to the extent prac-
ticable, onsite inspections, or use of county or State yield 
averages, are used in calculating future yields for an appli-
cant for a loan, when an accurate projection cannot be 
made because the past production history of the farmer 
has been affected by a natural or major disaster or emer-
gency. 
‘‘(b) CALCULATION OF YIELDS.— 
‘‘(1) IN GENERAL.—For the purpose of aver-
aging the past yields of the farm of a farmer over 
a period of crop years to calculate the future yield 
of the farm under this subtitle, the Secretary shall 
permit the farmer to exclude the crop year with the 
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