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Title 7 — Agriculture

Chapter 50 — Agricultural Credit

§ 2008h. Loan and loan servicing limitations

Statutory text

(a)

Delinquent borrowers prohibited from obtaining direct operating loans

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)

Prohibition of loans for borrowers that have received debt forgiveness

(1)

Prohibitions

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 , on a loan made or guaranteed under this chapter; or

(ii)

received debt forgiveness on more than 3 occasions on or before .

(2)

Exceptions

(A)

In general

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 1 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 , under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(B)

Emergency loans

(i)

In general

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

(I)

on or before , received not more than 1 debt forgiveness on a loan made or guaranteed under this chapter; and

(II)

after , has not received debt forgiveness on a loan made or guaranteed under this chapter.

(ii)

Restructured loans

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)

No more than 1 debt forgiveness for borrower on direct loan

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.

Footnotes

  1. 1 So in original. Probably should be “chapter”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Act of 1961

    Pub. L. 87–128 title III § 373 · 75 Stat. 294

    Enacted · 7 U.S.C. § 2008h

    Pub. L. 87–128, title III, § 373, as added Pub. L. 104–127, title VI, § 648(b), Apr. 4, 1996, 110 Stat. 1104

    Source evidence

    Code source credit
    Pub. L. 87–128, title III, § 373, as added Pub. L. 104–127, title VI, § 648(b), Apr. 4, 1996, 110 Stat. 1104

  2. Pub. L. 105–277 div. A § 101(a)(tVIII)(s801) · 112 Stat. 2681

    1. Added · 7 U.S.C. § 2008h(b)

      Pub. L. 105–277 added subsec. (b)

    2. Struck · 7 U.S.C. § 2008h(b)

      Pub. L. 105–277 struck out heading and text of former subsec. (b). Text read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  3. Pub. L. 107–171 title V § 5319 · 116 Stat. 134

    Added · 7 U.S.C. § 2008h(b)(2)(A)(iii)

    Pub. L. 107–171 added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(iii). Pub. L. 107–171 added cl. (iii).

    Enacted provision · exact public law section
    SEC. 5319. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS. Section 373(b)(2)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)(2)(A)) is amended— (1) in clause (i), by striking “or”; (2) in clause (ii), by striking the period and inserting or”; and (3) by adding at the end the following: “(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.).”.

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title V § 5307 · 132 Stat. 4490

    1. Amended · 7 U.S.C. § 2008h(b)(2)(B)

      Pub. L. 115–334 designated existing provisions as cl. (i)

    2. Inserted · 7 U.S.C. § 2008h(b)(2)(B)

      Pub. L. 115–334 inserted heading

    3. Redesignated · 7 U.S.C. § 2008h(b)(2)(B)

      Pub. L. 115–334 redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i)

    4. Added · 7 U.S.C. § 2008h(b)(2)(B)

      Pub. L. 115–334 added cl. (ii)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 5307. EMERGENCY LOAN ELIGIBILITY.   Section 373(b)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended— (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (2) in the matter preceding subclause (I) (as so redesignated), by striking “The Secretary” and inserting the following: “(i) In general.— The Secretary” ; and (3) by adding at the end the following: “(ii) Restructured loans.— For purposes of clause (i), a borrower who was restructured with a write-down or restructuring under section 353 shall not be considered to have received debt forgiveness on a loan made or guaranteed under this title.” .

7 of 8 references resolved to an enrolled provision · 1 partial

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, , 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, , 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.

Amendments1998–2018 · 3 rounds

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.”

Credits

1996–2018 · 4 acts
  1. 1996Pub. L. 87–128, title III, § 373, as added Pub. L. 104–127, title VI, § 648(b), , 110 Stat. 1104
  2. 1998amended Pub. L. 105–277, div. A, § 101(a) [title VIII, § 801], , 112 Stat. 2681, 2681–37
  3. 2002Pub. L. 107–171, title V, § 5319, , 116 Stat. 348
  4. 2018Pub. L. 115–334, title V, § 5307, , 132 Stat. 4673.
Show as published

(Pub. L. 87–128, title III, § 373, as added Pub. L. 104–127, title VI, § 648(b), , 110 Stat. 1104; amended Pub. L. 105–277, div. A, § 101(a) [title VIII, § 801], , 112 Stat. 2681, 2681–37; Pub. L. 107–171, title V, § 5319, , 116 Stat. 348; Pub. L. 115–334, title V, § 5307, , 132 Stat. 4673.)

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USLM identifier /us/usc/t7/s2008h