dreamproit/uscode huggingface dataset:
7 U.S.C. § 918 (AGRICULTURE)
§ 918. General prohibitions
(a) No consideration of borrower’s level of general funds
The Secretary and the Governor of the telephone bank shall not deny or reduce any loan or loan advance under this chapter based on a borrower’s level of general funds.
(b) Loan origination fees
The Secretary and the Governor of the telephone bank may not charge any fee or charge not expressly provided in this chapter in connection with any loan made or guaranteed under this chapter.
(c) Consultants
(1) In general
To facilitate timely action on applications by borrowers for financial assistance under this chapter and for approvals required of the Rural Electrification Administration pursuant to the terms of outstanding loan or security instruments or otherwise, the Secretary may use consultants funded by the borrower, paid for out of the general funds of the borrower, for financial, legal, engineering, and other technical advice and services in connection with the review of the application by the Rural Electrification Administration.
(2) Conflicts of interest
The Secretary shall establish procedures for the selection and the provision of technical services by consultants to ensure that the consultants have no financial or other conflicts of interest in the outcome of the application of the borrower.
(3) Payment of costs
The Secretary may not, without the consent of the borrower, require, as a condition of processing an application for approval, that the borrower agree to pay the costs, fees, and expenses of consultants hired to provide technical or advisory services to the Secretary.
(4) Contracts, grants, and agreements
The Secretary may enter into such contracts, grants, or cooperative agreements as are necessary to carry out this section.
(5) Use of consultants
Nothing in this subsection shall limit the authority of the Secretary to retain the services of consultants from funds made available to the Secretary or otherwise.
(May 20, 1936, ch. 432, title I, § 18, as added Pub. L. 101–624, title XXIII, § 2353, Nov. 28, 1990, 104 Stat. 4039; amended Pub. L. 103–129, § 2(c)(4), Nov. 1, 1993, 107 Stat. 1364; 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 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
7 U.S.C. § 918a (AGRICULTURE)
§ 918a. Energy generation, transmission, and distribution facilities efficiency grants and loans in rural communities with extremely high energy costs
(a) In general
The Secretary, acting through the Rural Utilities Service, may—
(1) in coordination with State rural development initiatives, make grants and loans to persons, States, political subdivisions of States, and other entities organized under the laws of States to acquire, construct, extend, upgrade, and otherwise improve energy generation, transmission, or distribution facilities serving communities in which the average residential expenditure for home energy is at least 275 percent of the national average residential expenditure for home energy (as determined by the Energy Information Agency using the most recent data available);
(2) make grants and loans to the Denali Commission established by the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) to acquire, construct, extend, upgrade, and otherwise improve energy generation, transmission, or distribution facilities serving communities described in paragraph (1); and
(3) make grants to State entities, in existence as of November 9, 2000, to establish and support a revolving fund to provide a more cost-effective means of purchasing fuel where the fuel cannot be shipped by means of surface transportation.
(b) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2001 and such sums as are necessary for each subsequent fiscal year.
(2) Limitation on planning and administrative expenses
Not more than 4 percent of the amounts made available under paragraph (1) may be used for planning and administrative expenses.
(May 20, 1936, ch. 432, title I, § 19, as added Pub. L. 106–472, title III, § 301, Nov. 9, 2000, 114 Stat. 2069.)
heading: References in Text
text: The Denali Commission Act of 1998, referred to in subsec. (a)(2), is title III of div. C of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–637, which is set out as a note under section 3121 of Title 42, The Public Health and Welfare.
7 U.S.C. § 918b (AGRICULTURE)
§ 918b. Acquisition of existing systems in rural communities with high energy costs
On and after November 28, 2001, notwithstanding any other provision of law, the Administrator of the Rural Utilities Service shall use the authorities provided in the Rural Electrification Act of 1936 [7 U.S.C. 901 et seq.] to finance the acquisition of existing generation, transmission and distribution systems and facilities serving high cost, predominantly rural areas by entities capable of and dedicated to providing or improving service in such areas in an efficient and cost effective manner.
(Pub. L. 107–76, title VII, § 748, Nov. 28, 2001, 115 Stat. 738.)
heading: References in Text
text: The Rural Electrification Act of 1936, referred to in text, is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended, which is classified generally to this chapter (§ 901 et seq.). For complete classification of this Act to the Code, see section 901 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002, and not as part of the Rural Electrification Act of 1936 which comprises this chapter.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 106–387, § 1(a) [title I, § 771], Oct. 28, 2000, 114 Stat. 1549, 1549A–45.
7 U.S.C. § 918c (AGRICULTURE)
§ 918c. Rural and remote communities electrification grants
(a) Definitions
In this section:
(1) The term “eligible grantee” means a local government or municipality, peoples’ utility district, irrigation district, and cooperative, nonprofit, or limited-dividend association in a rural area.
(2) The term “incremental hydropower” means additional generation achieved from increased efficiency after January 1, 2005, at a hydroelectric dam that was placed in service before January 1, 2005.
(3) The term “renewable energy” means electricity generated from—
(A) a renewable energy source; or
(B) hydrogen, other than hydrogen produced from a fossil fuel, that is produced from a renewable energy source.
(4) The term “renewable energy source” means—
(A) wind;
(B) ocean waves;
(C) biomass;
(D) solar;
(E) landfill gas;
(F) incremental hydropower;
(G) livestock methane; or
(H) geothermal energy.
(5) The term “rural area” means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.
(b) Grants
The Secretary, in consultation with the Secretary of Agriculture and the Secretary of the Interior, may provide grants under this section to eligible grantees for the purpose of—
(1) increasing energy efficiency, siting or upgrading transmission and distribution lines serving rural areas; or
(2) providing or modernizing electric generation facilities that serve rural areas.
(c) Grant administration
(1) The Secretary shall make grants under this section based on a determination of cost-effectiveness and the most effective use of the funds to achieve the purposes described in subsection (b) of this section.
(2) For each fiscal year, the Secretary shall allocate grant funds under this section equally between the purposes described in paragraphs (1) and (2) of subsection (b) of this section.
(3) In making grants for the purposes described in subsection (b)(2) of this section, the Secretary shall give preference to renewable energy facilities.
(d) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2006 through 2012.
(Pub. L. 95–617, title VI, § 609, as added Pub. L. 109–58, title II, § 209, Aug. 8, 2005, 119 Stat. 657.)
heading: Codification
text: Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Rural Electrification Act of 1936 which comprises this chapter.
heading: Definitions
text: Secretary means the Secretary of Energy, see section 2602(14) of Title 16, Conservation.
7 U.S.C. § 921 (AGRICULTURE)
§ 921. Congressional declaration of policy
It is declared to be the policy of the Congress that adequate telephone service be made generally available in rural areas through the improvement and expansion of existing telephone facilities and the construction and operation of such additional facilities as are required to assure the availability of adequate telephone service to the widest practicable number of rural users of such service.
(Oct. 28, 1949, ch. 776, § 1, 63 Stat. 948.)
heading: Codification
text: Section is composed of the first sentence of section 1 of act Oct. 28, 1949. The second sentence of section 1 of that act, which provided that: “In order to effectuate this policy, the Rural Electrification Act of 1936 [this chapter] is amended as hereinafter provided”
, is omitted from the Code.
Section was not enacted as part of title II of the Rural Electrification Act of 1936 which comprises subchapter II of this chapter.
7 U.S.C. § 921a (AGRICULTURE)
§ 921a. Policy of financing of rural telephone program
It is hereby declared to be the policy of the Congress that the growing capital needs of the rural telephone systems require the establishment of a rural telephone bank which will furnish assured and viable sources of supplementary financing with the objective that said bank will become an entirely privately owned, operated, and financed corporation. The Congress further finds that many rural telephone systems require financing under the terms and conditions provided in this subchapter.
(Pub. L. 92–12, § 1, May 7, 1971, 85 Stat. 29.)
heading: Codification
text: The last sentence of section 1 of Pub. L. 92–12 provided that: “In order to effectuate this policy, the Rural Electrification Act of 1936, as amended (7 U.S.C. 921–924), is amended as hereinafter provided.”
Section was not enacted as part of title II of the Rural Electrification Act of 1936 which comprises this subchapter.
heading: Effective Date
text: Pub. L. 92–12, § 7, May 14, 1971, 85 Stat. 37, provided that: “This Act [enacting sections 921a, 931, 932, and 941 to 950b of this title and amending sections 903 and 922 of this title] shall take effect upon enactment [May 7, 1971].”
heading: Reservation of Right To Repeal, Alter, or Amend Pub. L. 92–12
text: Pub. L. 92–12, § 6, May 14, 1971, 85 Stat. 37, provided that: “The right to repeal, alter, or amend this Act [enacting sections 921a, 931, 932, and 941 to 950b of this title, amending sections 903 and 922 of this title and sections 856 and 868 of former Title 31, and enacting provisions set out as notes under sections 856 and 868 of former Title 31] is expressly reserved.”
7 U.S.C. § 921b (AGRICULTURE)
§ 921b. Policy of expansion of markets for debentures
It is hereby declared to be the policy of the Congress that the Rural Telephone Bank should have the capability of obtaining adequate funds for its supplementary financing program at the lowest possible costs. In order to effectuate this policy, it will be necessary to expand the market for debentures to be issued by the Telephone Bank.
(Pub. L. 92–324, § 1, June 30, 1972, 86 Stat. 390.)
heading: Codification
text: The last sentence of section 1 of Pub. L. 92–324 provided that: “The Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950(b)), is therefore further amended as hereinafter provided.”
Section was not enacted as part of the title II of the Rural Electrification Act of 1936 which comprises this subchapter.
heading: Effective Date
text: Pub. L. 92–324, § 4, June 30, 1972, 86 Stat. 390, provided that: “This Act [enacting this section, amending section 947 of this title, and enacting provisions set out as a note under this section] shall take effect upon enactment [June 30, 1972].”
heading: Reservation of Right To Repeal, Alter, or Amend Pub. L. 92–324
text: Pub. L. 92–324, § 3, June 30, 1972, 86 Stat. 390, provided that: “The right to repeal, alter, or amend this Act [enacting this section, amending section 947 of this title, and enacting provisions set out as a note under this section] is expressly reserved.”
7 U.S.C. § 923 (AGRICULTURE)
§ 923. State regulation of telephone service
Nothing contained in this chapter shall be construed to deprive any State commission, board, or other agency of jurisdiction, under any State law, now or hereafter effective, to regulate telephone service which is not subject to regulation by the Federal Communications Commission, under the Communications Act of 1934 [47 U.S.C. 151 et seq.], including the rates for such service.
(May 20, 1936, ch. 432, title II, § 202, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948.)
heading: References in Text
text: The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
7 U.S.C. § 924 (AGRICULTURE)
§ 924. Definition of telephone service and rural area
(a) As used in this subchapter, the term “telephone service” shall be deemed to mean any communication service for the transmission or reception of voice, data, sounds, signals, pictures, writing, or signs of all kinds by wire, fiber, radio, light, or other visual or electromagnetic means, and shall include all telephone lines, facilities, or systems used in the rendition of such service; but shall not be deemed to mean message telegram service or community antenna television system services or facilities other than those intended exclusively for educational purposes, or radio broadcasting services or facilities within the meaning of section 153(o) 1 of title 47.
(b) As used in this subchapter, the term “rural area” shall be deemed to mean any area of the United States not included within the boundaries of any incorporated or unincorporated city, village, or borough having a population in excess of 5,000 inhabitants.
(May 20, 1936, ch. 432, title II, § 203, as added Oct. 28, 1949, ch. 776, § 5, 63 Stat. 948; amended Pub. L. 87–862, Oct. 23, 1962, 76 Stat. 1140; Pub. L. 101–624, title XXIII, § 2354, Nov. 28, 1990, 104 Stat. 4039; Pub. L. 103–129, § 2(c)(5), Nov. 1, 1993, 107 Stat. 1364.)
heading: References in Text
text: Section 153 of title 47, referred to in subsec. (a), was subsequently amended and no longer contains a subsec. (o). However, the term “broadcasting” is defined elsewhere in that section.
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–129 substituted “5,000” for “one thousand five hundred”.
1990—Subsec. (a). Pub. L. 101–624 inserted “or reception” after “transmission” and “data,” after “voice,”, and substituted “by wire, fiber, radio, light, or other visual or electromagnetic means” for “through the use of electricity between the transmitting and receiving apparatus”.
1962—Subsec. (a). Pub. L. 87–862 included the transmission of sounds, signals, pictures, writing, or signs of all kinds within “telephone service”, and substituted “message telegram service or community antenna television system services or facilities other than those intended exclusively for educational purposes” for “telegraph services or facilities”.
7 U.S.C. § 925 (AGRICULTURE)
§ 925. Loan feasibility
The Secretary and the Governor of the telephone bank may not, as a condition of making a telephone loan to an applicant therefor, require the applicant to—
(1) increase the rates charged to the applicant’s customers or subscribers; or
(2) increase the applicant’s ratio of—
(A) net income or margins before interest; to
(B) the interest requirements on all of the applicant’s outstanding and proposed loans.
(May 20, 1936, ch. 432, title II, § 204, as added Pub. L. 101–624, title XXIII, § 2355, Nov. 28, 1990, 104 Stat. 4039; 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. § 926 (AGRICULTURE)
§ 926. Certain rural development investments by qualified telephone borrowers not treated as dividends or distributions
(a) In general
The Secretary and the Governor of the telephone bank shall not—
(1) treat any amount invested by any qualified telephone borrower for any purpose described in section 2204b(c)(2) of this title (including any investment in, or extension of credit, guarantee, or advance made to, an affiliated company of the borrower, that is used by such company for such a purpose) as a dividend or distribution of capital to the extent that, immediately after such investment, the aggregate of such investments does not exceed ⅓ of the net worth of the borrower; or
(2) require a qualified telephone borrower to obtain the approval of the Secretary or the Governor of the telephone bank in order to make an investment described in paragraph (1).
(b) “Qualified telephone borrower” defined
As used in subsection (a) of this section, the term “qualified telephone borrower” means a person—
(1) to whom a telephone loan has been made or guaranteed under this chapter; and
(2) whose net worth is at least 20 percent of the total assets of such person.
(May 20, 1936, ch. 432, title II, § 205, as added Pub. L. 101–624, title XXIII, § 2356, Nov. 28, 1990, 104 Stat. 4039; amended Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–354 substituted “Secretary” for “Administrator” in two places.
7 U.S.C. § 927 (AGRICULTURE)
§ 927. General duties and prohibitions
(a) Duties
The Secretary and the Governor of the telephone bank shall—
(1) 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;
(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 chapter;
(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 922 or 948 of this title, to the extent of qualifying applications therefor.
(b) Prohibitions
The Secretary and the Governor of the telephone bank shall not—
(1) rescind an insured telephone loan, or a Rural Telephone Bank 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, 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 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.
(May 20, 1936, ch. 432, title II, § 206, as added Pub. L. 101–624, title XXIII, § 2357, Nov. 28, 1990, 104 Stat. 4040; amended Pub. L. 103–354, title II, § 235(a)(7), (13), Oct. 13, 1994, 108 Stat. 3221.)
heading: Amendments
text: 1994—Pub. L. 103–354 substituted “Secretary” for “Administrator” in subsecs. (a) and (b) and “Secretary” for “Rural Electrification Administration” in subsec. (b)(2).
7 U.S.C. § 928 (AGRICULTURE)
§ 928. Prompt processing of telephone loans
Within ten days after the end of the second and fourth calendar quarters of each year, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, and to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate, a report—
(1) identifying each completed application for a telephone loan under section 935 of this title, a guarantee of a telephone loan under section 936 of this title, or a loan under section 948 of this title, that has not been finally acted upon within ninety days after the date the completed application is submitted; and
(2) stating the reasons for the failure to finally act upon the completed applications within such ninety-day period.
(May 20, 1936, ch. 432, title II, § 207, as added Pub. L. 101–624, title XXIII, § 2358, Nov. 28, 1990, 104 Stat. 4041; 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. § 930 (AGRICULTURE)
§ 930. Congressional declaration of policy
It is hereby declared to be the policy of the Congress that adequate funds should be made available to rural electric and telephone systems through direct, insured and guaranteed loans at interest rates which will allow them to achieve the objectives of this chapter and that such rural electric and telephone systems should be encouraged and assisted to develop their resources and ability to achieve the financial strength needed to enable them to satisfy their credit needs from their own financial organizations and other sources at reasonable rates and terms consistent with the loan applicant’s ability to pay and achievement of this chapter’s objectives.
(Pub. L. 93–32, § 1, May 11, 1973, 87 Stat. 65.)
heading: Codification
text: The last sentence of section 1 of Pub. L. 93–32 provided that: “The Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950(b)), is therefore further amended as hereinafter provided.”
Section was not enacted as part of the Rural Electrification Act of 1936 which comprises this chapter.
heading: Effective Date
text: Pub. L. 93–32, § 12, May 14, 1973, 87 Stat. 71, provided that: “This Act [enacting sections 906a, 930, and 933 to 940 of this title, amending sections 903, 931, 932, 945, 946, 947, and 948 of this title, and enacting provisions set out as notes under this section] shall take effect upon enactment [May 11, 1973].”
heading: Reservation of Right To Repeal, Alter, or Amend Pub. L. 93–32
text: Pub. L. 93–32, § 11, May 14, 1973, 87 Stat. 71, provided that: “The right to repeal, alter, or amend, this Act [enacting sections 906a, 930, and 933 to 940 of this title, amending sections 903, 931, 932, 945, 946, 947, and 948 of this title, and enacting provisions set out as notes under this section] is expressly reserved.”
7 U.S.C. § 931a (AGRICULTURE)
§ 931a. Level of loan programs under Rural Electrification and Telephone Revolving Fund
On and after October 28, 1991, no funds in this Act or any other Act shall be available to carry out loan programs under the Rural Electrification and Telephone Revolving Fund at levels other than those provided for in advance in appropriations Acts.
(Pub. L. 102–142, title III, Oct. 28, 1991, 105 Stat. 903.)
heading: Codification
text: Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1992, and not as part of the Rural Electrification Act of 1936 which comprises this chapter.