dreamproit/uscode huggingface dataset:
7 U.S.C. § 933 (AGRICULTURE)
§ 933. Moneys in the Rural Electrification and Telephone Revolving Fund
Moneys in the fund shall remain on deposit in the Treasury of the United States until disbursed.
(May 20, 1936, ch. 432, title III, § 303, as added Pub. L. 93–32, § 2, May 11, 1973, 87 Stat. 67.)
heading: Effective Date
text: Section effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as a note under section 930 of this title.
7 U.S.C. § 936d (AGRICULTURE)
§ 936d. Eligibility of distribution borrowers for loans, loan guarantees, and lien accommodations
For the purpose of determining the eligibility of a distribution borrower not in default on the repayment of a loan made or guaranteed under this chapter for a loan, loan guarantee, or lien accommodation under this subchapter, a default by a borrower from which the distribution borrower purchases wholesale power shall not—
(1) be considered a default by the distribution borrower;
(2) reduce the eligibility of the distribution borrower for assistance under this chapter; or
(3) be the cause, directly or indirectly, of imposing any requirement or restriction on the borrower as a condition of the assistance, except such requirements or restrictions as are necessary to implement a debt restructuring agreed on by the power supply borrower and the Government.
(May 20, 1936, ch. 432, title III, § 306D, as added Pub. L. 103–129, § 2(c)(7), Nov. 1, 1993, 107 Stat. 1364.)
7 U.S.C. § 936f (AGRICULTURE)
§ 936f. Substantially underserved trust areas
(a) Definitions
In this section:
(1) Eligible program
The term “eligible program” means a program administered by the Rural Utilities Service and authorized in—
(A) this chapter; or
(B) paragraph (1), (2), (14), (22), or (24) of section 1926(a) of this title or section 1926a, 1926c, 1926d, or 1926e of this title.
(2) Substantially underserved trust area
The term “substantially underserved trust area” means a community in “trust land” (as defined in section 3765 of title 38) with respect to which the Secretary determines has a high need for the benefits of an eligible program.
(b) Initiative
The Secretary, in consultation with local governments and Federal agencies, may implement an initiative to identify and improve the availability of eligible programs in communities in substantially underserved trust areas.
(c) Authority of Secretary
In carrying out subsection (b), the Secretary—
(1) may make available from loan or loan guarantee programs administered by the Rural Utilities Service to qualified utilities or applicants financing with an interest rate as low as 2 percent, and with extended repayment terms;
(2) may waive nonduplication restrictions, matching fund requirements, or credit support requirements from any loan or grant program administered by the Rural Utilities Service to facilitate the construction, acquisition, or improvement of infrastructure;
(3) may give the highest funding priority to designated projects in substantially underserved trust areas; and
(4) shall only make loans or loan guarantees that are found to be financially feasible and that provide eligible program benefits to substantially underserved trust areas.
(d) Report
Not later than 1 year after the date of enactment of this section and annually thereafter, the Secretary shall submit to Congress a report that describes—
(1) the progress of the initiative implemented under subsection (b); and
(2) recommendations for any regulatory or legislative changes that would be appropriate to improve services to substantially underserved trust areas.
(May 20, 1936, ch. 432, title III, § 306F, as added Pub. L. 110–234, title VI, § 6105, May 22, 2008, 122 Stat. 1196, and Pub. L. 110–246, § 4(a), title VI, § 6105, June 18, 2008, 122 Stat. 1664, 1957.)
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
7 U.S.C. § 937 (AGRICULTURE)
§ 937. Loans from other credit sources
When it appears to the Secretary that the loan applicant is able to obtain a loan for part of his credit needs from a responsible cooperative or other credit source at reasonable rates and terms consistent with the loan applicant’s ability to pay and the achievement of this chapter’s objectives, he may request the loan applicant to apply for and accept such a loan concurrently with an insured loan, subject, however, to full use being made by the Secretary of the funds made available hereunder for such insured loans under this subchapter. The Secretary may not request any applicant for an electric loan under this chapter to apply for and accept a loan in an amount exceeding 30 percent of the credit needs of the applicant.
(May 20, 1936, ch. 432, title III, § 307, as added Pub. L. 93–32, § 2, May 11, 1973, 87 Stat. 70; amended Pub. L. 97–35, title I, § 165(c), Aug. 13, 1981, 95 Stat. 379; Pub. L. 103–129, § 2(c)(8), Nov. 1, 1993, 107 Stat. 1365; Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221.)
heading: Amendments
text: 1994—Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.
1993—Pub. L. 103–129 inserted at end “The Administrator may not request any applicant for an electric loan under this chapter to apply for and accept a loan in an amount exceeding 30 percent of the credit needs of the applicant.”
1981—Pub. L. 97–35 substituted “an insured loan” for “a loan insured at the standard rate”.
heading: Effective Date
text: Section effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as a note under section 930 of this title.
7 U.S.C. § 938 (AGRICULTURE)
§ 938. Full faith and credit of the United States
Any contract of insurance or guarantee executed by the Secretary under this subchapter shall be an obligation supported by the full faith and credit of the United States and incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder.
(May 20, 1936, ch. 432, title III, § 308, as added Pub. L. 93–32, § 2, May 11, 1973, 87 Stat. 70; amended Pub. L. 94–124, § 2, Nov. 4, 1975, 89 Stat. 677; Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221.)
heading: Amendments
text: 1994—Pub. L. 103–354 substituted “Secretary” for “Administrator”.
1975—Pub. L. 94–124 substituted “of which the holder had actual knowledge at the time it became a holder” for “of which the holder has actual knowledge”.
heading: Effective Date
text: Section effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as a note under section 930 of this title.
7 U.S.C. § 939 (AGRICULTURE)
§ 939. Loan terms and conditions
Loans made from or insured through the fund shall be for the same purposes and on the same terms and conditions as are provided for loans in subchapters I and II of this chapter except as otherwise provided in sections 933 to 938 inclusive. The preceding sentence shall not be construed to make section 948(b)(2) or 950b of this title applicable to this subchapter.
(May 20, 1936, ch. 432, title III, § 309, as added Pub. L. 93–32, § 2, May 11, 1973, 87 Stat. 70; amended Pub. L. 101–624, title XXIII, § 2360, Nov. 28, 1990, 104 Stat. 4042; Pub. L. 103–129, § 2(b)(2), Nov. 1, 1993, 107 Stat. 1363; Pub. L. 104–127, title VII, § 779, Apr. 4, 1996, 110 Stat. 1151.)
heading: Amendments
text: 1996—Pub. L. 104–127 struck out subsec. (a) designation and heading “In general” and heading and text of subsec. (b). Prior to amendment, text read as follows: “The term of any telephone loan made under this subchapter shall be determined by the borrower at the time the loan application is submitted.”
1993—Subsec. (a). Pub. L. 103–129 inserted at end “The preceding sentence shall not be construed to make section 948(b)(2) or 950b of this title applicable to this subchapter.”
1990—Pub. L. 101–624 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date
text: Section effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as a note under section 930 of this title.
7 U.S.C. § 940 (AGRICULTURE)
§ 940. Refinancing of rural development loans
At the request of the borrower, the Secretary is authorized and directed to refinance with loans which will be insured under this chapter at the interest rates provided in section 935 of this title any loans made for rural electric and telephone facilities under any provision of the Consolidated Farm and Rural Development Act [7 U.S.C. 1921 et seq.].
(May 20, 1936, ch. 432, title III, § 310, as added Pub. L. 93–32, § 2, May 11, 1973, 87 Stat. 70; amended Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221.)
heading: References in Text
text: The Consolidated Farm and Rural Development Act, referred to in text, is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, as amended, which is classified principally to chapter 50 (§ 1921 et seq.) of this title. For complete classification of the Act to the Code, see Short Title note set out under section 1921 of this title and Tables.
heading: Amendments
text: 1994—Pub. L. 103–354 substituted “Secretary” for “Administrator”.
heading: Effective Date
text: Section effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as a note under section 930 of this title.
7 U.S.C. § 940a (AGRICULTURE)
§ 940a. Repealed. Pub. L. 104–127, title VII, § 780, Apr. 4, 1996, 110 Stat. 1151
text: Section, act May 20, 1936, ch. 432, title III, § 311, as added Oct. 18, 1986, Pub. L. 99–500, § 101(m) [title VI, § 623], 100 Stat. 1783–308, 1783–333, and Oct. 30, 1986, Pub. L. 99–591, § 101(m) [title VI, § 623], 100 Stat. 3341–308, 3341–333; amended Oct. 13, 1994, Pub. L. 103–354, title II, § 235(a)(7), (13), 108 Stat. 3221, related to privatization demonstration program.
7 U.S.C. § 940b (AGRICULTURE)
§ 940b. Use of funds
A borrower of an insured or guaranteed electric loan under this chapter may, without restriction or prior approval of the Secretary, invest its own funds or make loans or guarantees, not in excess of 15 percent of its total utility plant.
(May 20, 1936, ch. 432, title III, § 312, as added Pub. L. 100–203, title I, § 1402, Dec. 22, 1987, 101 Stat. 1330–21; amended Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221.)
heading: Amendments
text: 1994—Pub. L. 103–354 substituted “Secretary” for “Administrator”.
7 U.S.C. § 940e (AGRICULTURE)
§ 940e. Expansion of 911 access
(a) In general
Subject to subsection (c) and such terms and conditions as the Secretary may prescribe, the Secretary may make loans under this subchapter to entities eligible to borrow from the Rural Utilities Service, State or local governments, Indian tribes (as defined in section 450b of title 25), or other public entities for facilities and equipment to expand or improve in rural areas—
(1) 911 access;
(2) integrated interoperable emergency communications, including multiuse networks that provide commercial or transportation information services in addition to emergency communications services;
(3) homeland security communications;
(4) transportation safety communications; or
(5) location technologies used outside an urbanized area.
(b) Loan security
Government-imposed fees related to emergency communications (including State or local 911 fees) may be considered to be security for a loan under this section.
(c) Emergency communications equipment providers
The Secretary may make a loan under this section to an emergency communication equipment provider to expand or improve 911 access or other communications or technologies described in subsection (a) if the local government that has jurisdiction over the project is not allowed to acquire the debt resulting from the loan.
(d) Authorization of appropriations
The Secretary shall use to make loans under this section any funds otherwise made available for telephone loans for each of fiscal years 2008 through 2012.
(May 20, 1936, ch. 432, title III, § 315, as added Pub. L. 107–171, title VI, § 6102, May 13, 2002, 116 Stat. 415; amended Pub. L. 110–234, title VI, § 6107, May 22, 2008, 122 Stat. 1198; Pub. L. 110–246, § 4(a), title VI, § 6107, June 18, 2008, 122 Stat. 1664, 1959.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Pub. L. 110–246, § 6107, amended section generally, substituting provisions relating to expansion of access, loan security, emergency communications equipment providers, and authorization of appropriations, consisting of subsecs. (a) to (d), for provisions relating to expansion of access and authorization of appropriations, consisting of subsecs. (a) and (b).
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
7 U.S.C. § 940g (AGRICULTURE)
§ 940g. Electric loans for renewable energy
(a) Definition of renewable energy source
In this section, the term “renewable energy source” means an energy conversion system fueled from a solar, wind, hydropower, biomass, or geothermal source of energy.
(b) Loans
In addition to any other funds or authorities otherwise made available under this chapter, the Secretary may make electric loans under this subchapter for electric generation from renewable energy resources for resale to rural and nonrural residents.
(c) Rate
The rate of a loan under this section shall be equal to the average tax-exempt municipal bond rate of similar maturities.
(May 20, 1936, ch. 432, title III, § 317, as added Pub. L. 110–234, title VI, § 6108, May 22, 2008, 122 Stat. 1198, and Pub. L. 110–246, § 4(a), title VI, § 6108, June 18, 2008, 122 Stat. 1664, 1959.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
7 U.S.C. § 940h (AGRICULTURE)
§ 940h. Bonding requirements
The Secretary shall review the bonding requirements for all programs administered by the Rural Utilities Service under this chapter to ensure that bonds are not required if—
(1) the interests of the Secretary are adequately protected by product warranties; or
(2) the costs or conditions associated with a bond exceed the benefit of the bond.
(May 20, 1936, ch. 432, title III, § 318, as added Pub. L. 110–234, title VI, § 6109, May 22, 2008, 122 Stat. 1198, and Pub. L. 110–246, § 4(a), title VI, § 6109, June 18, 2008, 122 Stat. 1664, 1960.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
7 U.S.C. § 941 (AGRICULTURE)
§ 941. Telephone Bank
(a) Establishment
There is hereby established a body corporate to be known as the Rural Telephone Bank (hereinafter called the telephone bank).
(b) General purposes
The general purposes of the telephone bank shall be to obtain an adequate supply of supplemental funds to the extent feasible from non-Federal sources, to utilize said funds in the making of loans under section 948 of this title, and to conduct its operations to the extent practicable on a self-sustaining basis.
(c) Status; payments in lieu of property taxes
The telephone bank shall be deemed to be an instrumentality of the United States, and shall, for the purposes of jurisdiction and venue, be deemed a citizen and resident of the District of Columbia. The telephone bank is authorized to make payments to State, territorial, and local governments in lieu of property taxes upon real property and tangible personal property which was subject to State, territorial, and local taxation before acquisition by the telephone bank. Such payment may be in the amounts, at the times, and upon such terms as the telephone bank deems appropriate but the telephone bank shall be guided by the policy of making payments not in excess of the taxes which would have been payable upon such property in the condition in which it was acquired.
(May 20, 1936, ch. 432, title IV, § 401, as added Pub. L. 92–12, § 2, May 7, 1971, 85 Stat. 30.)
heading: Effective Date
text: Section effective May 7, 1971, see section 7 of Pub. L. 92–12, set out as a note under section 921a of this title.
7 U.S.C. § 942 (AGRICULTURE)
§ 942. General powers
To carry out the specific powers herein authorized, the telephone bank shall have power to (a) adopt, alter, and use a corporate seal; (b) sue and be sued in its corporate name; (c) make contracts, leases, and cooperative agreements, or enter into other transactions as may be necessary in the conduct of its business, and on such terms as it may deem appropriate; (d) acquire, in any lawful manner, hold, maintain, use, and dispose of property: Provided, That the telephone bank may only acquire property needed in the conduct of its banking operations or pledged or mortgaged to secure loans made hereunder or in temporary operation or maintenance thereof: Provided further, That any such pledged or mortgaged property so acquired shall be disposed of as promptly as is consistent with prudent liquidation practices, but in no event later than five years after such acquisition; (e) accept gifts or donations of services or of property in aid of any of the purposes herein authorized; (f) appoint such officers, attorneys, agents, and employees, vest them with such powers and duties, fix and pay such compensation to them for their services as the telephone bank may determine; (g) determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid; (h) execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; (i) collect or compromise all obligations assigned to or held by it and all legal or equitable rights accruing to it in connection with the payment of such obligations until such time as such obligations may be referred to the Attorney General for suit or collection; and (j) exercise all such other powers as shall be necessary or incidental to carrying out its functions under this subchapter.
(May 20, 1936, ch. 432, title IV, § 402, as added Pub. L. 92–12, § 2, May 7, 1971, 85 Stat. 30.)
heading: Effective Date
text: Section effective May 7, 1971, see section 7 of Pub. L. 92–12, set out as a note under section 921a of this title.
7 U.S.C. § 943 (AGRICULTURE)
§ 943. Special provisions governing telephone bank as a Federal agency until conversion of ownership, control, and operation
Until the ownership, control, and operation of the telephone bank is converted as provided in section 950(a) of this title and not thereafter—
(a) Supervision and direction of Secretary of Agriculture; free postage and priority of debts restrictions
the telephone bank shall be an agency of the United States and shall be subject to the supervision and direction of the Secretary of Agriculture (hereinafter called the Secretary): Provided, however, That the telephone bank shall at no time be entitled to transmission of its mail free of postage, nor shall it have the priority of the United States in the payment of debts out of bankrupt, insolvent, and decedents’ estates;
(b) Use of facilities and services of employees of Secretary of Agriculture
in order to perform its responsibilities under this subchapter, the telephone bank may partially or jointly utilize the facilities and the services of employees of the Secretary, without cost to the telephone bank;
(c) Wholly owned Government corporation
the telephone bank shall be subject to the provisions of chapter 91 of title 31, in the same manner and to the same extent as if it were included in the definition of “wholly owned Government corporation” as set forth in section 9101 of title 31;
(d) Appointment and compensation of personnel
the telephone bank may without regard to the civil service 1 classification laws appoint and fix the compensation of such officers and employees of the telephone bank as it may deem necessary;
(e) Tort claims and litigation
the telephone bank shall be subject to the provisions of sections 517, 519, and 2679 of title 28.
(May 20, 1936, ch. 432, title IV, § 403, as added Pub. L. 92–12, § 2, May 7, 1971, 85 Stat. 31; amended Pub. L. 103–354, title II, § 235(a)(9), Oct. 13, 1994, 108 Stat. 3221.)
heading: Codification
text: In subsec. (c), “chapter 91 of title 31” and “section 9101 of title 31” substituted for “the Government Corporation Control Act, as amended (31 U.S.C. 841 et seq.)” and “section 101 of said Act (31 U.S.C. 846)”, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–354 substituted “Secretary” for “Rural Electrification Administration or of any other agency of the Department of Agriculture”.
heading: Effective Date
text: Section effective May 7, 1971, see section 7 of Pub. L. 92–12, set out as a note under section 921a of this title.
7 U.S.C. § 944 (AGRICULTURE)
§ 944. Governor of telephone bank; functions, powers, and duties
Subject to the provisions of section 950 of this title, the Secretary shall designate an official of the Department of Agriculture who shall serve as the chief executive officer of the telephone bank (herein called the Governor of the telephone bank). Except as to matters specifically reserved to the Telephone Bank Board in this subchapter, the Governor of the telephone bank shall exercise and perform all functions, powers, and duties of the telephone bank.
(May 20, 1936, ch. 432, title IV, § 404, as added Pub. L. 92–12, § 2, May 7, 1971, 85 Stat. 31; amended Pub. L. 103–354, title II, § 235(a)(10), Oct. 13, 1994, 108 Stat. 3221.)
heading: Amendments
text: 1994—Pub. L. 103–354 substituted “the Secretary shall designate an official of the Department of Agriculture who” for “the Administrator of the Rural Electrification Administration”.
heading: Effective Date
text: Section effective May 7, 1971, see section 7 of Pub. L. 92–12, set out as a note under section 921a of this title.
7 U.S.C. § 944a (AGRICULTURE)
§ 944a. Publication of rural telephone bank policies and regulations
Notwithstanding the exemption contained in section 553(a)(2) of title 5, the Governor of the telephone bank shall cause to be published in the Federal Register, in accordance with section 553 of title 5, all rules, regulations, bulletins, and other written policy standards governing the operation of the telephone bank’s programs relating to public property, loans, grants, benefits, or contracts. After September 30, 1988, the telephone bank may not deny a loan or advance to, or take any other adverse action against, any applicant or borrower for any reason which is based upon a rule, regulation, bulletin, or other written policy standard which has not been published pursuant to such section.
(Pub. L. 100–203, title I, § 1414, Dec. 22, 1987, 101 Stat. 1330–27.)
heading: Codification
text: Section was enacted as part of the Agricultural Reconciliation Act of 1987 and as part of the Omnibus Budget Reconciliation Act of 1987, and not as part of the Rural Electrification Act of 1936 which comprises this chapter.