§2008h — Title 7 Agriculture | U.S. Code

Summary

The Secretary of Agriculture must not give a direct farm operating loan to anyone who is behind on any loan made or guaranteed under this law. The Secretary also generally must not make or guarantee new loans for a borrower who has gotten debt forgiveness before. Guarantees are banned if the borrower got debt forgiveness after April 4, 1996, or if the borrower had debt forgiven more than 3 times on or before April 4, 1996. There are a few narrow exceptions. The Secretary can make a direct or guaranteed operating loan for a farmer’s yearly expenses if the farmer was restructured with a write-down under section 2001, is current on payments under a confirmed bankruptcy reorganization plan (chapter 11, 12, or 13), or had at most one debt forgiveness that was caused mainly by a President-declared disaster or emergency on or after April 4, 1996. Emergency loans under section 1961 can be made to someone who had no more than one forgiveness on or before April 4, 1996 and none after that date; a write-down under section 2001 does not count as debt forgiveness for that emergency-loan rule. The Secretary also may not forgive a direct loan if the borrower already had debt forgiven on another direct loan.

Title 7, §2008h

Agriculture — Source: USLM XML via OLRC

(a)The Secretary may not make a direct operating loan under subchapter II to a borrower who is delinquent on any loan made or guaranteed under this chapter.

(b)(1)Except as provided in paragraph (2)—

(A)the Secretary may not make a loan under this chapter to a borrower that has received debt forgiveness on a loan made or guaranteed under this chapter; and

(B)the Secretary may not guarantee a loan under this chapter to a borrower that has received—

(i)debt forgiveness after April 4, 1996, on a loan made or guaranteed under this chapter; or

(ii)received debt forgiveness on more than 3 occasions on or before April 4, 1996.

(2)(A)The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who—

(i)was restructured with a write-down under section 2001 of this title;

(ii)is current on payments under a confirmed reorganization plan under chapters 11 So in original. Probably should be “chapter”. 11, 12, or 13 of title 11; or

(iii)received debt forgiveness on not more than 1 occasion resulting directly and primarily from a major disaster or emergency designated by the President on or after April 4, 1996, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(B)(i)The Secretary may make an emergency loan under section 1961 of this title to a borrower that—

(I)on or before April 4, 1996, received not more than 1 debt forgiveness on a loan made or guaranteed under this chapter; and

(II)after April 4, 1996, has not received debt forgiveness on a loan made or guaranteed under this chapter.

(ii)For purposes of clause (i), a borrower who was restructured with a write-down or restructuring under section 2001 of this title shall not be considered to have received debt forgiveness on a loan made or guaranteed under this chapter.

(c)The Secretary may not provide to a borrower debt forgiveness on a direct loan made under this chapter if the borrower has received debt forgiveness on another direct loan made under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see

Short Title

note set out under section 1921 of this title and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(2)(A)(iii), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of Title 42 and Tables.

Amendments

2018—Subsec. (b)(2)(B). Pub. L. 115–334 designated existing provisions as cl. (i) and inserted heading, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), and added cl. (ii). 2002—Subsec. (b)(2)(A)(iii). Pub. L. 107–171 added cl. (iii). 1998—Subsec. (b). Pub. L. 105–277 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “(1) In general.—Except as provided in paragraph (2), the Secretary may not make or guarantee a loan under this chapter to a borrower who received debt forgiveness on a loan made or guaranteed under this chapter. “(2) Exception.—The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who was restructured with a write-down under section 2001 of this title.”

§2008h Loan and loan servicing limitations

Summary

Title 7, §2008h

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Citations & Metadata