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7 U.S.C. § 2008h

Title 7 Chapter 50 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 2008h. Loan and loan servicing limitations

  • (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 1 1 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.

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