Title 7 — Agriculture
Chapter 31 — Rural Electrification and Telephone Service
§ 927. General duties and prohibitions
Statutory text
Duties
The Secretary shall—
in evaluating the feasibility of a telephone loan to be made to a borrower for telephone services, use—
with respect to items for which the regulatory authority with jurisdiction over the provision of such services has approved the depreciation rates used by the borrower, such approved rates; and
with respect to other items, the average of the depreciation rates used by borrowers of telephone loans made under this chapter;
annually determine and publish the average described in paragraph (2)(B); and
make loans for all purposes for which telephone loans are authorized under section 922 of this title, to the extent of qualifying applications therefor.
Prohibitions
The Secretary shall not—
rescind an insured telephone loan made under this chapter without the consent of the borrower, unless all of the purposes for which telephone loans have been made to the borrower under this chapter have been accomplished with funds provided under this chapter;
regulate the order or sequence of advances of funds under telephone loans made under this chapter to any borrower who has received any combination of telephone loans from the Secretary or the Federal Financing Bank; or
deny a loan or advance to, or take any other adverse action against, an applicant for, or a borrower of, a telephone loan under this chapter for any reason that is not based on a rule, regulation, bulletin, or other written policy standard that has not been published pursuant to section 553 of title 5.
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 § 2357 · 104 Stat. 3359
Enacted · 7 U.S.C. § 927
May 20, 1936, ch. 432, title II, § 206, as added Pub. L. 101–624, title XXIII, § 2357, Nov. 28, 1990, 104 Stat. 4040
Source evidence
Code source credit
May 20, 1936, ch. 432, title II, § 206, as added Pub. L. 101–624, title XXIII, § 2357, Nov. 28, 1990, 104 Stat. 4040Enacted provision · exact public law section
SEC. 2357. IMPROVEMENTS IN TELEPHONE PROGRAM. Title II (7 U.S.C. 922 et seq.) is amended by adding after the sections added by sections 2355 and 2356 of this Act the following new section: “SEC. 206. GENERAL DUTIES AND PROHIBITIONS. “(a) Duties.— The Administrator and the Governor of the telephone bank shall— “(1) notwithstanding section 553(a)(2) of title 5, United States Code, cause to be published in the Federal Register, in accordance with subsections (b) through (e) of section 553 of such title, all rules, regulations, bulletins, and other written policy standards governing the operations of the telephone loan and loan guarantee programs administered under this Act other than those relating to agency management and personnel; “(2) in evaluating the feasibility of a telephone loan to be made to a borrower for telephone services, use— “(A) with respect to items for which the regulatory authority with jurisdiction over the provision of such services has approved the depreciation rates used by the borrower, such approved rates; and “(B) with respect to other items, the average of the depreciation rates used by borrowers of telephone loans made under this Act; “(3) annually determine and publish the average described in paragraph (2)(B); and “(4) make loans for all purposes for which telephone loans are authorized under section 201 or 408, to the extent of qualifying applications therefor. “(b) Prohibitions.— The Administrator and the Governor of the telephone bank shall not— “(1) rescind an insured telephone loan, or a Rural Telephone Bank loan, made under this Act without the consent of the borrower, unless all of the purposes for which telephone loans have been made to the borrower under this Act have been accomplished with funds provided under this Act; “(2) regulate the order or sequence of advances of funds under telephone loans made under this Act to any borrower who has received any combination of telephone loans from the Rural Electrification Administration, the Rural Telephone Bank, or the Federal Financing Bank; or “(3) deny a loan or advance to, or take any other adverse action against, an applicant for, or a borrower of, a telephone loan under this Act for any reason that is not based on a rule, regulation, bulletin, or other written policy standard that has not been published pursuant to section 553 of title 5, United States Code.”.Department of Agriculture Reorganization Act of 1994
Pub. L. 103–354 title II § 235(a)(7) · 108 Stat. 3178
Substituted · 7 U.S.C. § 927
Pub. L. 103–354 substituted “Secretary” for “Administrator” in subsec. (b)(2)
Substituted · 7 U.S.C. § 927
Pub. L. 103–354 substituted “Secretary” for “Rural Electrification Administration” in subsec. (b)(2)
Source evidence
Code amendment note
Pub. L. 103–354 substituted “Secretary” for “Administrator” in subsecs. (a) and (b) and “Secretary” for “Rural Electrification Administration” in subsec. (b)(2).Enacted provision · exact public law section
(7) in sections 206(b)(2), 306A(b), 311, and 405(b)(1)(A) (7 U.S.C. 927(b)(2), 936a(b), 940a, and 945(b)(1)(A)), by striking “Rural Electrification Administration” each place it appears and inserting “Secretary”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(4)(A) · 132 Stat. 4490
Struck · 7 U.S.C. § 927(a)
Pub. L. 115–334, § 6602(b)(4)(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)(4)(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”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 602(b)(4)(B) · 132 Stat. 4490
Redesignated · 7 U.S.C. § 927(a)(1); 7 U.S.C. § 927(a)(2)
Pub. L. 115–334, § 602(b)(4)(B), (D), redesignated pars. (2) and (3) as (1) and (2), respectively
Struck · 7 U.S.C. § 927(a)(1); 7 U.S.C. § 927(a)(2)
Pub. L. 115–334, § 602(b)(4)(B), (D), struck out par. (1) which read as follows: “notwithstanding section 553(a)(2) of title 5, cause to be published in the Federal Register, in accordance with subsections (b) through (e) of section 553 of such title, all rules, regulations, bulletins, and other written policy standards governing the operations of the telephone loan and loan guarantee programs administered under this chapter other than those relating to agency management and personnel;”
Source evidence
Code amendment note
Subsec. (a)(1), (2). Pub. L. 115–334, § 602(b)(4)(B), (D), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out par. (1) which read as follows: “notwithstanding section 553(a)(2) of title 5, cause to be published in the Federal Register, in accordance with subsections (b) through (e) of section 553 of such title, all rules, regulations, bulletins, and other written policy standards governing the operations of the telephone loan and loan guarantee programs administered under this chapter other than those relating to agency management and personnel;”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(4)(C) · 132 Stat. 4490
Redesignated · 7 U.S.C. § 927(a)(3); 7 U.S.C. § 927(a)(4)
Pub. L. 115–334, § 6602(b)(4)(C), (D), redesignated par. (4) as (3)
Redesignated · 7 U.S.C. § 927(a)(3); 7 U.S.C. § 927(a)(4)
Pub. L. 115–334, § 6602(b)(4)(C), (D), struck out “or 948” after “section 922”. Former par. (3) redesignated (2)
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 115–334, § 6602(b)(4)(C), (D), redesignated par. (4) as (3) and struck out “or 948” after “section 922”. Former par. (3) redesignated (2).Enacted provision · exact public law section
(C) in paragraph (4), by striking “or 408”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(5)(A) · 132 Stat. 4490
Struck · 7 U.S.C. § 927(b)
Pub. L. 115–334, § 6602(b)(5)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–334, § 6602(b)(5)(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”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(5)(B) · 132 Stat. 4490
Struck · 7 U.S.C. § 927(b)(1)
Pub. L. 115–334, § 6602(b)(5)(B), struck out “, or a Rural Telephone Bank loan,” after “an insured telephone loan”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 115–334, § 6602(b)(5)(B), struck out “, or a Rural Telephone Bank loan,” after “an insured telephone loan”.Enacted provision · exact public law section
(B) in paragraph (1), by striking “, or a Rural Telephone Bank loan,”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 6602(b)(5)(C) · 132 Stat. 4490
Struck · 7 U.S.C. § 927(b)(2)
Pub. L. 115–334, § 6602(b)(5)(C), struck out “, the Rural Telephone Bank,” after “from the Secretary”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 115–334, § 6602(b)(5)(C), struck out “, the Rural Telephone Bank,” after “from the Secretary”.Enacted provision · exact public law section
(C) in paragraph (2), by striking “, the Rural Telephone Bank,”.
9 of 11 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1994–2018 · 2 rounds
2018
Subsec. (a). Pub. L. 115–334, § 6602(b)(4)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions.
Subsec. (a)(1), (2). Pub. L. 115–334, § 602(b)(4)(B), (D), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out par. (1) which read as follows: “notwithstanding section 553(a)(2) of title 5, cause to be published in the Federal Register, in accordance with subsections (b) through (e) of section 553 of such title, all rules, regulations, bulletins, and other written policy standards governing the operations of the telephone loan and loan guarantee programs administered under this chapter other than those relating to agency management and personnel;”.
Subsec. (a)(3), (4). Pub. L. 115–334, § 6602(b)(4)(C), (D), redesignated par. (4) as (3) and struck out “or 948” after “section 922”. Former par. (3) redesignated (2).
Subsec. (b). Pub. L. 115–334, § 6602(b)(5)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions.
Subsec. (b)(1). Pub. L. 115–334, § 6602(b)(5)(B), struck out “, or a Rural Telephone Bank loan,” after “an insured telephone loan”.
Subsec. (b)(2). Pub. L. 115–334, § 6602(b)(5)(C), struck out “, the Rural Telephone Bank,” after “from the Secretary”.
1994
Pub. L. 103–354 substituted “Secretary” for “Administrator” in subsecs. (a) and (b) and “Secretary” for “Rural Electrification Administration” in subsec. (b)(2).
Credits
1936–2018 · 3 acts
- 1936May 20, 1936, ch. 432, title II, § 206, as added Pub. L. 101–624, title XXIII, § 2357, , 104 Stat. 4040
- 1994amended Pub. L. 103–354, title II, § 235(a)(7), (13), , 108 Stat. 3221
- 2018Pub. L. 115–334, title VI, § 6602(b)(4), (5), , 132 Stat. 4776.
Show as published
(May 20, 1936, ch. 432, title II, § 206, as added Pub. L. 101–624, title XXIII, § 2357, , 104 Stat. 4040; amended Pub. L. 103–354, title II, § 235(a)(7), (13), , 108 Stat. 3221; Pub. L. 115–334, title VI, § 6602(b)(4), (5), , 132 Stat. 4776.)