Title 7 — Agriculture
Chapter 31 — Rural Electrification and Telephone Service
§ 926. Certain rural development investments by qualified telephone borrowers not treated as dividends or distributions
Statutory text
In general
The Secretary shall not—
treat any amount invested by any qualified telephone borrower for any purpose described in section 2204b(c)(2) of this title (including any investment in, or extension of credit, guarantee, or advance made to, an affiliated company of the borrower, that is used by such company for such a purpose) as a dividend or distribution of capital to the extent that, immediately after such investment, the aggregate of such investments does not exceed ⅓ of the net worth of the borrower; or
require a qualified telephone borrower to obtain the approval of the Secretary in order to make an investment described in paragraph (1).
“Qualified telephone borrower” defined
As used in subsection (a), the term “qualified telephone borrower” means a person—
to whom a telephone loan has been made or guaranteed under this chapter; and
whose net worth is at least 20 percent of the total assets of such person.
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.
Rural Telecommunications Improvements Act of 1990
Pub. L. 101–624 title XXIII § 2356 · 104 Stat. 3359
Enacted · 7 U.S.C. § 926
May 20, 1936, ch. 432, title II, § 205, as added Pub. L. 101–624, title XXIII, § 2356, Nov. 28, 1990, 104 Stat. 4039
Source evidence
Code source credit
May 20, 1936, ch. 432, title II, § 205, as added Pub. L. 101–624, title XXIII, § 2356, Nov. 28, 1990, 104 Stat. 4039Enacted provision · exact public law section
SEC. 2356. ENCOURAGEMENT OF INVESTMENT BY TELEPHONE BORROWERS IN RURAL DEVELOPMENT PROJECTS. Title II (7 U.S.C. 922 et seq.) is amended by adding after the section added by section 2355 of this Act the following new section: “SEC. 205. CERTAIN RURAL DEVELOPMENT INVESTMENTS BY QUALIFIED TELEPHONE BORROWERS NOT TREATED AS DIVIDENDS OR DISTRIBUTIONS. “(a) In General.— The Administrator and the Governor of the telephone bank shall not— “(1) treat any amount invested by any qualified telephone borrower for any purpose described in section 607(c)(2) of the Rural Development Act of 1972 (including any investment in, or extension of credit, guarantee, or advance made to, an affiliated company of the borrower, that is used by such company for such a purpose) as a dividend or distribution of capital to the extent that, immediately after such investment, the aggregate of such investments does not exceed 1/3 of the net worth of the borrower; or “(2) require a qualified telephone borrower to obtain the approval of the Administrator or the Governor of the telephone bank in order to make an investment described in paragraph (1). “(b) Qualified Telephone Borrower Defined.— As used in subsection (a), the term ‘qualified telephone borrower’ means a person— “(1) to whom a telephone loan has been made or guaranteed under this Act; and “(2) whose net worth is at least 20 percent of the total assets of such person.”.Department of Agriculture Reorganization Act of 1994
Pub. L. 103–354 title II § 235(a)(13) · 108 Stat. 3178
Substituted · 7 U.S.C. § 926(a)
Pub. L. 103–354 substituted “Secretary” for “Administrator” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–354 substituted “Secretary” for “Administrator” in two places.Enacted provision · exact public law section
(13) except as otherwise provided in this subsection, by striking “Administrator” each place it appears in such Act and inserting “Secretary”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(3)(A) · 132 Stat. 4490
Struck · 7 U.S.C. § 926(a)
Pub. L. 115–334, § 6602(b)(3)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–334, § 6602(b)(3)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(3)(B) · 132 Stat. 4490
Struck · 7 U.S.C. § 926(a)(2)
Pub. L. 115–334, § 6602(b)(3)(B), struck out “or the Governor of the telephone bank” after “the Secretary”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 115–334, § 6602(b)(3)(B), struck out “or the Governor of the telephone bank” after “the Secretary”.Enacted provision · exact public law section
(B) in paragraph (2), by striking “or the Governor of the telephone bank”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1994–2018 · 2 rounds
2018
Subsec. (a). Pub. L. 115–334, § 6602(b)(3)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions.
Subsec. (a)(2). Pub. L. 115–334, § 6602(b)(3)(B), struck out “or the Governor of the telephone bank” after “the Secretary”.
1994
Subsec. (a). Pub. L. 103–354 substituted “Secretary” for “Administrator” in two places.
Credits
1936–2018 · 3 acts
- 1936May 20, 1936, ch. 432, title II, § 205, as added Pub. L. 101–624, title XXIII, § 2356, , 104 Stat. 4039
- 1994amended Pub. L. 103–354, title II, § 235(a)(13), , 108 Stat. 3221
- 2018Pub. L. 115–334, title VI, § 6602(b)(3), , 132 Stat. 4776.
Show as published
(May 20, 1936, ch. 432, title II, § 205, as added Pub. L. 101–624, title XXIII, § 2356, , 104 Stat. 4039; amended Pub. L. 103–354, title II, § 235(a)(13), , 108 Stat. 3221; Pub. L. 115–334, title VI, § 6602(b)(3), , 132 Stat. 4776.)