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Title 7 — Agriculture

Chapter 31 — Rural Electrification and Telephone Service

§ 927. General duties and prohibitions

Statutory text

(a)

Duties

The Secretary shall—

(1)

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 chapter;

(2)

annually determine and publish the average described in paragraph (2)(B); and

(3)

make loans for all purposes for which telephone loans are authorized under section 922 of this title, to the extent of qualifying applications therefor.

(b)

Prohibitions

The Secretary shall not—

(1)

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;

(2)

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

(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 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.

  1. 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. 4040

    Enacted 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.”.

  2. Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 235(a)(7) · 108 Stat. 3178

    1. Substituted · 7 U.S.C. § 927

      Pub. L. 103–354 substituted “Secretary” for “Administrator” in subsec. (b)(2)

    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”;

  3. 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”;

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 602(b)(4)(B) · 132 Stat. 4490

    1. 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

    2. 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;”.

  5. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 6602(b)(4)(C) · 132 Stat. 4490

    1. 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)

    2. 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”; and

  6. Agriculture 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”;

  7. 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,”; and

  8. Agriculture 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
  1. 1936May 20, 1936, ch. 432, title II, § 206, as added Pub. L. 101–624, title XXIII, § 2357, , 104 Stat. 4040
  2. 1994amended Pub. L. 103–354, title II, § 235(a)(7), (13), , 108 Stat. 3221
  3. 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.)

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USLM identifier /us/usc/t7/s927