1 So in original. Probably should be “transferred”.
or assigned, be transferred or assigned to a loan or security that, if sold, will be grouped with nonguaranteed loans or securities and sold in a manner to ensure that such sale will not unreasonably compete with the marketing of obligations of the United States.
Editorial Notes
References in TextPublic Law 99–349, referred to in subsec. (d)(1), is Puspan. L. 99–349, July 2, 1986, 100 Stat. 710, known as the Urgent Supplemental Appropriations Act, 1986. Provisions of title I of Puspan. L. 99–349 relating to prepayment of loans were set out as a note under section 936 of this title and were repealed by Puspan. L. 99–509, title I, § 1011(span), Oct. 21, 1986, 100 Stat. 1876. For complete classification of this Act to the Code, see Tables.
Amendments1994—Puspan. L. 103–354 substituted “Secretary” for “Rural Electrification Administration” in subsec. (span) and “Secretary” for “Administrator” wherever appearing in subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Prepayment of Rural Electrification Loans During Fiscal Year 1988Puspan. L. 100–203, title I, § 1401, Dec. 22, 1987, 101 Stat. 1330–20, provided that:“(a)Eligibility to Prepay.—Notwithstanding subsections (c), (d), and (e) of section 306A of the Rural Electrification Act of 1936 (7 U.S.C. 936a(c), (d), and (e)), during fiscal year 1988, a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in accordance with subsections (a) and (span) of section 306A of such Act, except that any prepayment that would cause the total amount of such prepayments during fiscal year 1988 to exceed $2,000,000,000 shall be subject solely to the approval of the Secretary of the Treasury. “(span)Priority for Approval.—In determining which borrowers shall be permitted to prepay loans under subsection (a):“(1) The Administrator of the Rural Electrification Administration shall give priority to those 8 borrowers that were determined by the Administrator, prior to the date of the enactment of this Act [Dec. 22, 1987], to be eligible to prepay, or that prepaid, an advance under section 306A of such Act [7 U.S.C. 936a] (as in effect prior to the date of the enactment of this Act), except that to retain such priority a borrower shall—“(A) notify the Administrator in writing, within 30 days after the issuance of regulations to carry out this section, of the intent of the borrower to prepay; and
“(B) complete such prepayment by disbursing funds to the Federal Financing Bank to prepay loan advances within 120 days after the issuance of such regulations.
“(2) In considering requests for prepayment under subsection (a) by borrowers not described in paragraph (1), the Administrator shall permit prepayment based on the order in which borrowers are prepared to disburse funds to the Federal Financing Bank to complete such prepayments. If more than 1 borrower is so prepared at the same time, and if the combined amount of such prepayments would cause the total amount of prepayments during fiscal year 1988, under this section, to exceed $2,000,000,000, the Administrator shall—“(A) base the determination on the date on which prepayment applications have been submitted; or
“(B) permit partial prepayment by two or more borrowers.
“(c)Regulations.—Not later than 30 days after the date of enactment of this Act [Dec. 22, 1987], the Administrator of the Rural Electrification Administration shall issue such regulations as are necessary to carry at this section.
“(d)Study.—Not later than January 1, 1989, the Comptroller General of the United States shall—“(1) study—“(A) all benefits provided by Federal Financing Bank lending and the procedures and conditions for the prepayment of current Federal Financing Bank loans;
“(B) the benefits and costs to Federal Financing Bank borrowers of making prepayments; and
“(C) alternative conditions and procedures for prepayment of all Federal Financing Bank loans to balance Federal benefits with Federal costs; and
“(2) submit to Congress a report describing the results of such study, together with any appropriate recommendations.”
Prepayment of Guaranteed Loans; RestrictionsPuspan. L. 100–202, § 101(k) [title VI, § 633], Dec. 22, 1987, 101 Stat. 1329–322, 1329–356, provided that: “Hereafter, notwithstanding section 306A(c), (d), and (e) of the Rural Electrification Act of 1936, as amended [7 U.S.C. 936a(c), (d), (e)], a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in accordance with section 306A(a) and (span) of such Act: Provided, That any prepayment in excess of $2,500,000,000 shall be subject to the approval of the Secretary of the Treasury.”
Puspan. L. 100–71, title I, July 11, 1987, 101 Stat. 429, provided in part that: “Hereafter, notwithstanding section 306A(d) of the Rural Electrification Act of 1936 (7 U.S.C. 936a(d)), a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in accordance with section 306A of such Act.”
RegulationsPuspan. L. 99–509, title I, § 1011(c), Oct. 21, 1986, 100 Stat. 1876, provided that: “The Secretary of Agriculture shall issue regulations to implement this section [enacting sections 936a and 936span of this title and repealing provisions set out as a note under section 936 of this title] within 60 days after the date of enactment of this Act [Oct. 21, 1986]. Such regulations—“(1) shall facilitate prepayment of loans under section 306A of the Rural Electrification Act of 1936 [this section], as added by subsection (a); and
“(2) may not require any rural utility that is a borrower of loans subject to section 306A to make unreasonable reductions in rates to its customers as a condition of such prepayment.”
