Title 7AgricultureRelease 119-73not60

§1941 Persons Eligible for Loans

Title 7 › Chapter 50— AGRICULTURAL CREDIT › Subchapter II— OPERATING LOANS › § 1941

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Agriculture can make or insure loans to farmers and ranchers in the United States and to farm cooperatives and other U.S. business entities that farmers control and that do mainly farm work. To get a loan, people (or the people who own a business) must be U.S. citizens, must be or plan to be operators of farms that are not larger than a “family farm” (the same rule applies to entities and to related owners), and for direct loans must have enough training or farming experience that the Secretary thinks will lead to success. Applicants must also show they cannot get enough credit elsewhere on reasonable terms. If a borrower entity is owned by other entities, it meets the ownership rule if at least 75 percent of each embedded owner is held by the individuals who own the family farm. Youths in 4–H, Future Farmers of America, or similar programs can get loans even if they do not meet the experience, family‑farm, or outside‑credit rules. A youth who signs a promissory note is fully personally responsible for repaying the loan even if they are a minor; a cosigner’s liability may also be accepted. Youth loan debt may be forgiven case‑by‑case for disasters or other events beyond the borrower’s control, and such forgiveness won’t be used by federal agencies to deny other federal loans or education loans. Direct operating loans are limited to qualified beginning farmers, those who have not had a previous direct operating loan, or those who have had one for 6 or fewer years. “Direct operating loan” does not include youth loans or certain microloans. Special waivers exist for farms under tribal jurisdiction and for a one‑time, 2‑year waiver if the borrower shows a viable operation, tried at least 2 commercial lenders, could not get a commercial loan (including guaranteed loans), and has completed required borrower training (section 2006a). The Secretary must also produce an annual public report for Congress with state‑by‑state borrower demographics, the effects of term limits, and recommendations.

Full Legal Text

Title 7, §1941

Agriculture — Source: USLM XML via OLRC

(a)(1)The Secretary may make and insure loans under this subchapter to farmers and ranchers in the United States, and to farm cooperatives and private domestic corporations, partnerships, joint operations, trusts, limited liability companies, and such other legal entities as the Secretary considers appropriate, that are controlled by farmers and ranchers and engaged primarily and directly in farming or ranching in the United States, subject to the conditions specified in this section. To be eligible for such loans, applicants who are individuals, or, in the case of cooperatives, corporations, partnerships, joint operations, trusts, limited liability companies, and such other legal entities, individuals holding a majority interest in such entity, must (A) be citizens of the United States, (B) for direct loans only, have either training or farming experience that the Secretary determines is sufficient to assure reasonable prospects of success in the proposed farming operations, taking into consideration all farming experience of the applicant, without regard to any lapse between farming experiences, (C) be or will become operators of not larger than family farms (or in the case of cooperatives, corporations, partnerships, joint operations, trusts, limited liability companies, and such other legal entities in which a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary, such individuals must be or will become either owners or operators of not larger than a family farm and at least one such individual must be or will become an operator of not larger than a family farm or, in the case of holders of the entire interest who are related by blood or marriage and all of whom are or will become farm operators, the ownership interest of each such holder separately constitutes not larger than a family farm, even if their interests collectively constitute larger than a family farm, as defined by the Secretary), and (D) be unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. In addition to the foregoing requirements of this subsection, in the case of corporations, partnerships, joint operations, trusts, limited liability companies, and such other legal entities, the family farm requirement of subparagraph (C) of the preceding sentence shall apply as well to the farm or farms in which the entity has an operator interest and the requirement of subparagraph (D) of the preceding sentence shall apply as well to the entity in the case of cooperatives, corporations, partnerships, joint operations, trusts, limited liability companies, and such other legal entities.
(2)An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, shall be considered to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the individuals that own the family farm.
(b)(1)Loans may also be made under this subchapter without regard to the requirements of clauses (2) and (3) of subsection (a) to youths to enable them to operate enterprises in connection with their participation in 4–H Clubs, Future Farmers of America, and similar organizations.
(2)A person receiving a loan under this subsection who executes a promissory note therefor shall thereby incur full personal liability for the indebtedness evidenced by such note in accordance with its terms free of any disability of minority.
(3)For loans under this subsection the Secretary may accept the personal liability of a cosigner of the promissory note in addition to the borrowers’ personal liability.
(4)The operation of an enterprise by a youth under this subsection shall not be considered the operation of a farm or ranch under this chapter.
(5)(A)(i)The Secretary may, on a case-by-case basis, provide debt forgiveness to a borrower for a loan made under this subsection if the borrower was unable to timely repay the loan due to circumstances beyond the control of the borrower, as determined by the Secretary, including any natural disaster, act of terrorism, or other man-made disaster that results in an inordinate level of damage or disruption severely affecting the borrower.
(ii)Notwithstanding any other provision of law, debt forgiveness provided under this subparagraph shall not be used by any Federal agency in determining the eligibility of the borrower for any loan made or guaranteed by the agency.
(B)Notwithstanding any other provision of law, if a borrower becomes delinquent or is provided with debt forgiveness with respect to a youth loan made under this subsection, the borrower shall not become ineligible, as a result of the delinquency or debt forgiveness, to receive loans and loan guarantees from the Federal Government to pay for education expenses of the borrower.
(c)(1)Subject to paragraphs (3) and (4), the Secretary may make a direct loan under this subchapter only to a farmer or rancher who—
(A)is a qualified beginning farmer or rancher;
(B)has not received a previous direct operating loan made under this subchapter; or
(C)has received a previous direct operating loan made under this subchapter during 6 or fewer years.
(2)In this subsection, the term “direct operating loan” does not include—
(A)a loan made to a youth under subsection (b); or
(B)a microloan made to a beginning farmer or rancher or a veteran farmer or rancher (as defined in section 2279(e) 11 See References in Text note below. of this title).
(3)If, as of April 4, 1996, a farmer or rancher has received a direct operating loan under this subchapter during each of 4 or more previous years, the borrower shall be eligible to receive a direct operating loan under this subchapter during 3 additional years after April 4, 1996.
(4)(A)The Secretary shall waive the limitation under paragraph (1)(C) or (3) for a direct loan made under this subchapter to a farmer or rancher whose farm or ranch land is subject to the jurisdiction of an Indian tribe and whose loan is secured by 1 or more security instruments that are subject to the jurisdiction of an Indian tribe if the Secretary determines that commercial credit is not generally available for such farm or ranch operations.
(B)On a case-by-case determination not subject to administrative appeal, the Secretary may grant a borrower a waiver, 1 time only for a period of 2 years, of the limitation under paragraph (1)(C) or (3) for a direct operating loan if the borrower demonstrates to the satisfaction of the Secretary that—
(i)the borrower has a viable farm or ranch operation;
(ii)the borrower applied for commercial credit from at least 2 commercial lenders;
(iii)the borrower was unable to obtain a commercial loan (including a loan guaranteed by the Secretary); and
(iv)the borrower successfully has completed, or will complete within 1 year, borrower training under section 2006a of this title (from which requirement the Secretary shall not grant a waiver under section 2006a(f) of this title).
(5)(A)The Secretary shall prepare a report annually that describes—
(i)the status of the direct operating loan program of the Department of Agriculture; and
(ii)the impact of term limits on direct loan borrowers.
(B)(i)The report shall provide a demographic breakdown, on a State-by-State basis, of—
(I)all direct loan borrowers; and
(II)borrowers that have reached the eligibility limit for direct lending programs during the previous calendar year.
(ii)The available demographic information shall include, to the maximum extent practicable, a description of race or ethnicity, gender, age, type of farm or ranch, financial classification, number of years of indebtedness, veteran status, and other similar information, as determined by the Secretary.
(C)In addition to information described in subparagraph (B), the report shall provide—
(i)a demographic analysis of the borrowers impacted by term limits;
(ii)information on the conditions impacting the direct lending portfolio of the Department of Agriculture, including impacts by region and agriculture sector, and credit availability within those regions and sectors;
(iii)to the maximum extent practicable, information on the status of borrower operations impacted by term limits; and
(iv)recommendations, if appropriate, to address any identifiable unmet credit needs.
(D)The Secretary shall—
(i)annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a copy of the report; and
(ii)make the report available to the public, including posting the report on the website of the Department of Agriculture.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(4), 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. section 2279(e) of this title, referred to in subsec. (c)(2)(B), was redesignated section 2279(a) of this title by section 12301(b)(3) of Pub. L. 115–334. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2014—Subsec. (a)(1). Pub. L. 113–79, § 5101(1)–(5), designated existing provisions as par. (1) and inserted heading, in first sentence, substituted “limited liability companies, and such other legal entities as the Secretary considers appropriate,” for “and limited liability companies”, in second sentence, redesignated pars. (1) to (4) as subpars. (A) to (D), respectively, and substituted “limited liability companies, and such other legal entities” for “and limited liability companies” in two places, and, in third sentence, substituted “limited liability companies, and such other legal entities” for “and limited liability companies” in two places, “subparagraph (C)” for “clause (3)” and “subparagraph (D)” for “clause (4)”. Subsec. (a)(2). Pub. L. 113–79, § 5101(6), added par. (2). Subsec. (b)(1). Pub. L. 113–79, § 5102, struck out “who are rural residents” after “youths”. Subsec. (b)(5). Pub. L. 113–79, § 5103, added par. (5). Subsec. (c)(2). Pub. L. 113–79, § 5106(b)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In this subsection, the term ‘direct operating loan’ shall not include a loan made to a youth under subsection (b) of this section.” Subsec. (c)(5). Pub. L. 113–79, § 5104, added par. (5). 2008—Pub. L. 110–246, § 5101, inserted section catchline and, in subsec. (a), inserted heading, substituted “The Secretary may” for “The Secretary is authorized to” in introductory provisions, and inserted “, taking into consideration all farming experience of the applicant, without regard to any lapse between farming experiences” after “farming operations” in cl. (2). 2002—Subsec. (a). Pub. L. 107–171, § 5302(a), substituted “joint operations, trusts, and limited liability companies” for “and joint operations” wherever appearing. Subsec. (c)(1). Pub. L. 107–171, § 5101(1)(A), substituted “paragraphs (3) and (4)” for “paragraph (3)” in introductory provisions. Subsec. (c)(1)(A). Pub. L. 107–171, § 5101(1)(B), struck out “who has not operated a farm or ranch, or who has operated a farm or ranch for not more than 5 years” before semicolon. Subsec. (c)(4). Pub. L. 107–171, § 5101(2), added par. (4). 1998—Subsec. (a). Pub. L. 105–277 inserted “for direct loans only,” before “have either” in cl. (2). 1996—Subsec. (b)(1). Pub. L. 104–127, § 661(f), struck out “and for the purposes specified in section 1942 of this title” before period at end. Subsec. (b)(4). Pub. L. 104–127, § 611(b), added par. (4). Subsec. (c). Pub. L. 104–127, § 611(a), added subsec. (c) and struck out former subsec. (c) which read as follows: “The Secretary may not restrict eligibility for loans made or insured under this subchapter for purposes set forth in section 1942 of this title solely to borrowers of loans that are outstanding on December 23, 1985.” 1985—Subsec. (a). Pub. L. 99–198, § 1301(a), substituted— (1) “, partnerships, and joint operations” for “and partnerships” wherever appearing after “corporations”; (2) “, partnerships, and joint operations” for “, and partnerships” wherever appearing after “corporations”; and (3) “individuals” for “members, stockholders, or partners, as applicable,” wherever appearing. Pub. L. 99–198, § 1303, in cl. (3) parenthetical, inserted provision treating blood or marriage related owner-operators of the entire farm interest as separate interest holders of not larger than family farms though collective ownership constitutes a larger than a family farm. Subsec. (c). Pub. L. 99–198, § 1302(b), added subsec. (c). 1981—Subsec. (a). Pub. L. 97–98 substituted “corporations and partnerships, the family farm” for “cooperatives, corporations, and partnerships, the family farm” and “as well to the entity in the case of cooperatives, corporations, and partnerships” for “as well to the entity”. 1978—Pub. L. 95–334 substituted provisions setting forth eligibility criteria for loans to farmers and ranchers in the United States, and to farm cooperatives and private domestic corporations and partnerships controlled by farmers and ranchers and engaged primarily and directly in farming or ranching in the United States, for provisions setting forth eligibility criteria for loans to farmers and ranchers in the United States, Puerto Rico, and the Virgin Islands. 1972—Pub. L. 92–419 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

Effective Date

of 1996 AmendmentAmendment by section 611 of Pub. L. 104–127 effective 90 days after Apr. 4, 1996, and amendment by section 661(f) of Pub. L. 104–127 effective Apr. 4, 1996, see section 663(a), (b) of Pub. L. 104–127, set out as a note under section 1922 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an

Effective Date

note under section 4301 of this title. Farm Operating Loan Eligibility Pub. L. 106–224, title II, § 255,
June 20, 2000, 114 Stat. 424, provided that: “During the period beginning on the date of the enactment of this Act [
June 20, 2000] and ending on
December 31, 2002— “(1) section 311(c) and 319 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c), 1949) shall have no force or effect; and “(2) in making direct loans under subtitle B of that Act (7 U.S.C. 1941 et seq.), the Secretary shall give priority to a qualified beginning farmer or rancher who has not operated a farm or ranch, or who has operated a farm or ranch for not more than 5 years.” Authority of Secretary To Make or Guarantee Certain Loans Pub. L. 104–134, title II, § 2002, Apr. 26, 1996, 110 Stat. 1321–313, provided that: “Notwithstanding any other provision of law, the Secretary of Agriculture is hereby authorized to make or guarantee an operating loan under Subtitle B [7 U.S.C. 1941 et seq.] or an emergency loan under Subtitle C [7 U.S.C. 1961 et seq.] of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et. seq.), as in effect prior to
April 4, 1996, to a loan applicant who was less than 90 days delinquent on
April 4, 1996, if the loan applicant had submitted an application for the loan prior to
April 5, 1996.” 1989 Farm Operating Loans Pub. L. 101–82, title III, § 302, Aug. 14, 1989, 103 Stat. 582, required the Secretary of Agriculture to ensure that direct operating loans made or insured under this subchapter for 1990 crop production were to be made available to farmers and ranchers suffering major losses due to excess moisture, freeze, storm, or related condition occurring in 1989 or drought or related condition occurring in 1988 or 1989. Similar provisions were contained in the following prior act: Pub. L. 100–387, title III, § 312, Aug. 11, 1988, 102 Stat. 948.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1941

Title 7Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60