Title 7AgricultureRelease 119-73

§940c Cushion of credit payments program

Title 7 › Chapter CHAPTER 31— - RURAL ELECTRIFICATION AND TELEPHONE SERVICE › Subchapter SUBCHAPTER III— - RURAL ELECTRIC AND TELEPHONE DIRECT LOAN PROGRAMS › § 940c

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create and promote a program that asks borrowers to voluntarily deposit money into "cushion of credit" accounts inside the Rural Electrification and Telephone Revolving Fund. However, no new deposits may be made starting December 20, 2018. Money in each account earns 5 percent per year, except it earns 4 percent in fiscal year 2021 and then the current 1-year Treasury rate after that. Borrowers can cut the account balance only to make scheduled loan payments. From December 20, 2018 through September 30, 2020, borrowers may instead use the money to prepay loans, and no prepayment fee can be charged on that prepaid part. The Treasury must provide any sums needed to cover loan modification costs defined in section 661a of title 2. Cushion payments are kept as cash balances in the Fund in each borrower’s account. All those cash balances earn interest for the Fund at the weighted average rate paid on the Fund’s outstanding certificates of beneficial ownership, and that interest lowers the Fund’s interest payments on those certificates. The Secretary must also keep a subaccount and each month credit an amount equal to the outstanding cushion payments made after October 1, 1987, multiplied by the monthly difference between the average weighted certificate rate and 5 percent.

Full Legal Text

Title 7, §940c

Agriculture — Source: USLM XML via OLRC

(a)(1)(A)The Secretary shall develop and promote a program to encourage borrowers to voluntarily make deposits into cushion of credit accounts established within the Rural Electrification and Telephone Revolving Fund.
(B)Effective on December 20, 2018, no deposits may be made under subparagraph (A).
(2)(A)Amounts in each cushion of credit account shall accrue interest to the borrower at a rate of 5 percent per annum.
(B)Notwithstanding subparagraph (A), amounts in each cushion of credit account shall accrue interest to the borrower at a rate equal to—
(i)4 percent per annum in fiscal year 2021; and
(ii)the then applicable 1-year Treasury rate thereafter.
(3)(A)A borrower may reduce the balance of its cushion of credit account only if the amount obtained from the reduction is used to make scheduled payments on loans made or guaranteed under this chapter.
(B)Notwithstanding subparagraph (A) and subject to subparagraph (C), beginning on December 20, 2018, and ending with September 30, 2020, a borrower may, at the sole discretion of the borrower, reduce the balance of its cushion of credit account if the amount obtained from the reduction is used to prepay loans made or guaranteed under this chapter.
(C)Notwithstanding any other provision of this chapter, no prepayment premium shall be imposed or collected with respect to that portion of a loan that is prepaid by a borrower in accordance with subparagraph (B).
(D)Notwithstanding section 661c of title 2, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall make available such sums as necessary to cover any loan modification costs as defined in section 661a of title 2.
(b)(1)(A)Cushion of credit payments shall be held in the Rural Electrification and Telephone Revolving Fund as a cash balance in the cushion of credit accounts of borrowers.
(B)All cash balance amounts (obtained from cushion of credit payments, loan payments, and other sources) held by the Fund shall bear interest to the Fund at a rate equal to the weighted average rate on outstanding certificates of beneficial ownership issued by the Fund.
(C)The amount of interest accrued on the cash balances shall be credited to the Fund as an offsetting reduction to the amount of interest paid by the Fund on its certificates of beneficial ownership.
(2)The Secretary shall maintain a subaccount within the Rural Electrification and Telephone Revolving Fund to which shall be credited, on a monthly basis, a sum determined by multiplying the outstanding cushion of credit payments made after October 1, 1987, by the difference (converted to a monthly basis) between the average weighted interest rate paid on outstanding certificates of beneficial ownership issued by the Fund and 5 percent.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–334, § 6503(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (a)(2). Pub. L. 115–334, § 6503(2), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (a)(3). Pub. L. 115–334, § 6503(3), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (b)(2). Pub. L. 115–334, § 6504(b), struck out subpar. (A) designation and heading before “The Secretary shall”, substituted “5 percent.” for “the 5 percent rate of interest provided to borrowers on cushion of credit payments.”, and struck out subpars. (B) to (E) which related to grants, repayments, proceeds, and number of grants, respectively. 1994—Subsecs. (a)(1), (b)(2)(A) to (C). Pub. L. 103–354 substituted “Secretary” for “Administrator”.

Reference

Citations & Metadata

Citation

7 U.S.C. § 940c

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73