7 U.S.C. § 940c–1 — Guarantees for bonds and notes issued for electrification or telephone purposes
submitted 90 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 807 words · no verdicts yet
The Secretary must guarantee qualifying bonds or notes issued by nonprofit lenders for eligible utility loans, subject to limits, fees, funding, and lender qualifications. The authority ends September 30, 2023.
Subject to subsection (b), the Secretary* shall guarantee payments on bonds or notes issued by cooperative or other lenders organized on a not-for-profit basis, if the proceeds of the bonds or notes are used to make utility infrastructure loans, or refinance bonds or notes issued for those purposes, to a borrower that has at any time received, or is eligible to receive, a loan under this chapter.
A bond or note guaranteed under this section shall, by agreement between the Secretary and the borrower—
be for a term of 30 years (or another term of years that the Secretary determines is appropriate); and
be repaid by the borrower—
in periodic installments of principal and interest;
in periodic installments of interest and, at the end of the term of the bond or note, as applicable, by the repayment of the outstanding principal; or
through a combination of the methods described in clauses (i) and (ii).
A lender shall not receive a guarantee under this section for a bond or note if, at the time of the guarantee, the total principal amount of such guaranteed bonds or notes outstanding of the lender would exceed the principal amount of outstanding loans of the lender for eligible purposes described in subsection (a)(1).
The Secretary may deny the request of a lender for the guarantee of a bond or note under this section if the Secretary determines that—
the lender does not have appropriate expertise or experience or is otherwise not qualified to make loans for eligible purposes described in subsection (a)(1);
the bond or note issued by the lender would not be investment grade quality without a guarantee; or
the lender has not provided to the Secretary a list of loan amounts approved by the lender that the lender certifies are for eligible purposes described in subsection (a)(1).
The total amount of guarantees provided by the Secretary under this section during a fiscal year shall not exceed $1,000,000,000, subject to the availability of funds under subsection (e).
A lender that receives a guarantee issued under this section on a bond or note shall pay a fee to the Secretary.
The amount of the annual fee paid for the guarantee of a bond or note under this section shall be equal to 30 basis points of the amount of the unpaid principal of the bond or note guaranteed under this section.
Except as otherwise provided in this subsection and subsection (e)(2), no other fees shall be assessed.
A lender shall pay the fees required under this subsection on a semiannual basis.
The Secretary shall, with the consent of the lender, structure the schedule for payment of the fee to ensure that sufficient funds are available to pay the subsidy costs for note or bond guarantees as provided for in subsection (e)(2).
Subject to subsection (e)(2), fees collected under this subsection shall be—
deposited into the rural economic development subaccount that shall be maintained as required by sections 940c(b)(2) and 940c–2(f) of this title, to remain available until expended; and
used for the purposes described in section 940c(b)(2) of this title.
A guarantee issued under this section shall—
be for the full amount of a bond or note, including the amount of principal, interest, and call premiums;
be fully assignable and transferable; and
represent the full faith and credit of the United States.
To ensure that the Secretary has the resources necessary to properly examine the proposed guarantees, the Secretary may limit the number of guarantees issued under this section to 5 per year.
On the timely request of a lender, the General Counsel of the Department of Agriculture shall provide the Secretary with an opinion regarding the validity and authority of a guarantee issued to the lender under this section.
There are authorized to be appropriated such sums as are necessary to carry out this section.
To the extent that the amount of funds appropriated for a fiscal year under paragraph (1) are not sufficient to carry out this section, the Secretary may use up to ⅓ of the fees collected under subsection (c) for the cost of providing guarantees of bonds and notes under this section before depositing the remainder of the fees into the rural economic development subaccount required to be maintained by sections 940c(b)(2) and 940c–2(f) of this title.
The authority provided under this section shall terminate on September 30, 2023.
Source credit: (May 20, 1936, ch. 432, title III, § 313A, as added Pub. L. 107–171, title VI, § 6101(a), May 13, 2002, 116 Stat. 413; amended Pub. L. 110–234, title VI, § 6106(a), May 22, 2008, 122 Stat. 1197; Pub. L. 110–246, § 4(a), title VI, § 6106(a), June 18, 2008, 122 Stat. 1664, 1958; Pub. L. 113–79, title VI, § 6102, Feb. 7, 2014, 128 Stat. 851; Pub. L. 115–334, title VI, §§ 6504(d), 6505(a), Dec. 20, 2018, 132 Stat. 4774.)
- 1936Enacted · Pub. L. 107-171 · 116 Stat. 413
- 2008Amended · Pub. L. 110-234 · 122 Stat. 1197
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1958
- 2014Amended · Pub. L. 113-79 · 128 Stat. 851
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4774
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 1936-05-20.
all 0 arguments · sorted by: best
no arguments yet — make the first case