7 U.S.C. § 2008h

Loan and loan servicing limitations

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(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) ProhibitionsExcept 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) Exceptions(A) In generalThe 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) Emergency loans(i) In generalThe 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) 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.

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.

(Pub. L. 87–128, title III, § 373, as added Pub. L. 104–127, title VI, § 648(b), Apr. 4, 1996, 110 Stat. 1104; amended Pub. L. 105–277, div. A, § 101(a) [title VIII, § 801], Oct. 21, 1998, 112 Stat. 2681, 2681–37; Pub. L. 107–171, title V, § 5319, May 13, 2002, 116 Stat. 348; Pub. L. 115–334, title V, § 5307, Dec. 20, 2018, 132 Stat. 4673.)Editorial NotesReferences 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.”

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1999–2022 · leading case: Holman v. Vilsack (W.D. Tenn. 2022).

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Holman v. Vilsack (W.D. Tenn. 2022). · cites it 9× “3 Plaintiff interprets 7 U.S.C. § 2008h,4 a pre-ARPA statute, as barring the USDA from making loans to borrowers who receive “debt forgiveness” and prohibiting the USDA from granting any additional loans to borrowers who accept Section 1005 relief.”

Cooper v. Glickman, 50 F. Supp. 2d 489 (M.D.N.C. 1999). · cites it 2× “Among other things, the FAIR Act added 7 U.S.C. § 2008h, entitled "Loan and Loan Servicing Limitations”: (a) Delinquent borrowers prohibited from obtaining direct operating loans — The Secretary may not make a direct operating loan under subchapter II of this chapter [Operating…”

Holman v. Vilsack (W.D. Tenn. 2021). · cites it 2× “17 Therefore, even if Plaintiff obtained financial relief after a trial on the merits, he 17 The parties disagree as to whether a farmer who receives debt forgiveness under Section 1005 will be eligible for future debt forgiveness under 7 U.S.C. § 2008h(c), which prohibits the…”

— 7 U.S.C. § 2008h(b)(1) — 1 case

Holman v. Vilsack (W.D. Tenn. 2022). “3 Plaintiff interprets 7 U.S.C. § 2008h,4 a pre-ARPA statute, as barring the USDA from making loans to borrowers who receive “debt forgiveness” and prohibiting the USDA from granting any additional loans to borrowers who accept Section 1005 relief.”

— 7 U.S.C. § 2008h(c) — 1 case

Holman v. Vilsack (W.D. Tenn. 2021). “17 Therefore, even if Plaintiff obtained financial relief after a trial on the merits, he 17 The parties disagree as to whether a farmer who receives debt forgiveness under Section 1005 will be eligible for future debt forgiveness under 7 U.S.C. § 2008h(c), which prohibits the…”

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