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 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 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; Pub. L. 115–334, title VI, § 6602(b)(1), Dec. 20, 2018, 132 Stat. 4776.)
heading: Amendments
text: 2018—Subsecs. (a), (b). Pub. L. 115–334 struck out “and the Governor of the telephone bank” after “The Secretary”.
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. § 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 Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service 1 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; Pub. L. 115–334, title XII, § 12408(b), Dec. 20, 2018, 132 Stat. 4977.)
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.
heading: Amendments
text: 2018—Pub. L. 115–334 inserted “the Secretary of Agriculture, acting through” before “the Administrator of the Rural Utilities Service”.
7 U.S.C. § 921a (AGRICULTURE)
§ 921a. Repealed. Pub. L. 115–334, title VI, § 6602(b)(13), Dec. 20, 2018, 132 Stat. 4777
text: Section, Pub. L. 92–12, § 1, May 7, 1971, 85 Stat. 29, related to policy of financing of rural telephone program.
7 U.S.C. § 921b (AGRICULTURE)
§ 921b. Repealed. Pub. L. 115–334, title VI, § 6602(b)(14), Dec. 20, 2018, 132 Stat. 4777
text: Section, Pub. L. 92–324, § 1, June 30, 1972, 86 Stat. 390, related to policy of expansion of markets for debentures.
7 U.S.C. § 925 (AGRICULTURE)
§ 925. Loan feasibility
The Secretary 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; Pub. L. 115–334, title VI, § 6602(b)(2), Dec. 20, 2018, 132 Stat. 4776.)
heading: Amendments
text: 2018—Pub. L. 115–334 struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions.
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 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 in order to make an investment described in paragraph (1).
(b) “Qualified telephone borrower” defined
As used in subsection (a), 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; Pub. L. 115–334, title VI, § 6602(b)(3), Dec. 20, 2018, 132 Stat. 4776.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–334, § 6602(b)(3)(A), struck out “and the Governor of the telephone bank” after “The Secretary” in introductory provisions.
Subsec. (a)(2). Pub. L. 115–334, § 6602(b)(3)(B), struck out “or the Governor of the telephone bank” after “the Secretary”.
1994—Subsec. (a). Pub. L. 103–354 substituted “Secretary” for “Administrator” in two places.
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 or a guarantee of a telephone loan under section 936 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; Pub. L. 115–334, title VI, § 6602(b)(6), Dec. 20, 2018, 132 Stat. 4776.)
heading: Amendments
text: 2018—Par. (1). Pub. L. 115–334 substituted “935 of this title or” for “935 of this title,” and struck out “, or a loan under section 948 of this title,” after “a telephone loan under section 936 of this title”.
1994—Pub. L. 103–354 substituted “Secretary” for “Administrator”.
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.
(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; Pub. L. 115–334, title VI, § 6602(b)(11), Dec. 20, 2018, 132 Stat. 4777.)
heading: Amendments
text: 2018—Pub. L. 115–334 struck out at end “The preceding sentence shall not be construed to make section 948(b)(2) or 950b of this title applicable to this subchapter.”
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. § 940c–2 (AGRICULTURE)
§ 940c–2. Rural development loans and grants
(a) In general
The Secretary shall provide grants or zero interest loans to borrowers under this chapter for the purpose of promoting rural economic development and job creation projects, including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of fostering rural development.
(b) Repayments
In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will encourage borrower participation.
(c) Proceeds
All proceeds from the repayment of such loans made under this section shall be returned to the subaccount that the Secretary shall maintain in accordance with sections 940c(b)(2) and 940c–2(f) of this title.
(d) Number of grants
Loans and grants required under this section shall be made to the full extent of the amounts made available under subsection (e).
(e) Funding
(1) Discretionary funding
In addition to other funds that are available to carry out this section, there is authorized to be appropriated not more than $10,000,000 for each of fiscal years 2019 through 2023 to carry out this section, to remain available until expended.
(2) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall credit to the subaccount to use for the cost of grants and loans under this section $5,000,000 for each of fiscal years 2022 and 2023, to remain available until expended.
(3) Other funds
In addition to the funds described in paragraphs (1) and (2), the Secretary shall use, without fiscal year limitation, to provide grants and loans under this section—
(A) the interest differential sums credited to the subaccount described in subsection (c); and
(B) subject to section 940c–1(e)(2) of this title, the fees described in subsection (c)(4) of such section.
(f) Maintenance of account
The Secretary shall maintain the subaccount described in section 940c(b)(2) of this title, as in effect in fiscal year 2017, for purposes of carrying out this section.
(May 20, 1936, ch. 432, title III, § 313B, as added Pub. L. 115–334, title VI, § 6504(c), Dec. 20, 2018, 132 Stat. 4773.)
heading: Implementation of Loan and Grant Program
text: Pub. L. 115–334, title VI, § 6504(e), Dec. 20, 2018, 132 Stat. 4774, provided that:
“(1) Subject to section 313B(e) of the Rural Electrification Act of 1936 (as added by this section) [7 U.S.C. 940c–2(e)], the Secretary of Agriculture shall carry out the loan and grant program required under such section in the same manner as the loan and grant program under section 313(b)(2) of such Act [7 U.S.C. 940c(b)(2)] is carried out on the day before the date of the enactment of this Act [Dec. 20, 2018], until such time as any regulations necessary to carry out the amendments made by this section [enacting this section and amending sections 912, 940c, and 940c–1 of this title] are fully implemented.
“(2) Paragraph (1) shall take effect on the date of the enactment of this Act.”
7 U.S.C. § 940d (AGRICULTURE)
§ 940d. Repealed. Pub. L. 115–334, title VI, § 6601(b), Dec. 20, 2018, 132 Stat. 4776
text: Section, May 20, 1936, ch. 432, title III, § 314, as added Pub. L. 101–508, title I, § 1201, Nov. 5, 1990, 104 Stat. 1388–7; amended Pub. L. 103–129, § 2(b)(1), Nov. 1, 1993, 107 Stat. 1362; Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221, related to limitations on authorization of appropriations.
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 5304 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 critical transportation-related 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 2023.
(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; Pub. L. 113–79, title VI, § 6103, Feb. 7, 2014, 128 Stat. 851; Pub. L. 115–334, title VI, § 6506, Dec. 20, 2018, 132 Stat. 4775.)
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: 2018—Subsec. (a)(2). Pub. L. 115–334, § 6506(1), substituted “critical transportation-related” for “commercial or transportation”.
Subsec. (d). Pub. L. 115–334, § 6506(2), substituted “2023” for “2018”.
2014—Subsec. (d). Pub. L. 113–79 substituted “2018” for “2012”.
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. § 940i (AGRICULTURE)
§ 940i. Cybersecurity and grid security improvements
(a) Definition of cybersecurity and grid security improvements
In this section, the term “cybersecurity and grid security improvements” means investment in the development, expansion, and modernization of rural utility infrastructure that addresses known cybersecurity and grid security risks.
(b) Loans and loan guarantees
The Secretary may make or guarantee loans under this subchapter and subchapter I for cybersecurity and grid security improvements.
(May 20, 1936, ch. 432, title III, § 319, as added Pub. L. 115–334, title VI, § 6507, Dec. 20, 2018, 132 Stat. 4775.)
7 U.S.C. § 950bb–2 (AGRICULTURE)
§ 950bb–2. Innovative Broadband Advancement Program
(a) In general
The Secretary shall establish a program to be known as the “Innovative Broadband Advancement Program”, under which the Secretary may provide a grant, a loan, or both to an eligible entity for the purpose of demonstrating innovative broadband technologies or methods of broadband deployment that significantly decrease the cost of broadband deployment, and provide substantially faster broadband speeds than are available, in a rural area.
(b) Rural area
In this section, the term “rural area” has the meaning provided in section 950bb(b)(3) of this title.
(c) Eligibility
To be eligible to obtain assistance under this section for a project, an entity shall—
(1) submit to the Secretary an application—
(A) that describes a project designed to decrease the cost of broadband deployment, and substantially increase broadband speed to not less than the maximum 1 broadband buildout requirements established under section 950bb(e)(4) of this title, in a rural area to be served by the project; and
(B) at such time, in such manner, and containing such other information as the Secretary may require;
(2) demonstrate that the entity is able to carry out the project; and
(3) agree to complete the project build-out within 5 years after the date the assistance is first provided for the project.
(d) Prioritization
In awarding assistance under this section, the Secretary shall give priority to proposals for projects that—
(1) involve partnerships between or among multiple entities;
(2) would provide broadband service to the greatest number of rural entities at or above the broadband requirements referred to in subsection (c)(1)(A); and
(3) the Secretary determines could be replicated in rural areas described in paragraph (2).
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
(May 20, 1936, ch. 432, title VI, § 603, as added Pub. L. 113–79, title VI, § 6105, Feb. 7, 2014, 128 Stat. 856; amended Pub. L. 115–334, title VI, § 6203, Dec. 20, 2018, 132 Stat. 4736.)
heading: Amendments
text: 2018—Pub. L. 115–334, § 6203(1), substituted “Innovative Broadband Advancement” for “Rural Gigabit Network Pilot” in section catchline.
Subsecs. (a) to (d). Pub. L. 115–334, § 6203(4), added subsecs. (a) to (d) and struck out former subsecs. (a) to (c) which defined “ultra-high speed service”, established the Rural Gigabit Network Pilot Program, and set out eligibility requirements for participation in Program, respectively. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 115–334, § 6203(2), (3), redesignated subsec. (d) as (e) and substituted “2019 through 2023” for “2014 through 2018”.
7 U.S.C. § 950bb–4 (AGRICULTURE)
§ 950bb–4. Outdated broadband systems
(a) In general
Except as provided in subsection (b), the Secretary shall consider any portion of a service territory that is subject to an outstanding grant agreement between the Secretary and a broadband provider to be unserved for the purposes of all broadband assistance programs under this chapter, if the broadband service in that portion of a service territory is less than 10 Mbps downstream transmission capacity or less than 1 Mbps upstream transmission capacity.
(b) Exception
The Secretary shall not consider a portion of a service territory described in subsection (a) to be unserved if the broadband service provider has constructed or begun to construct broadband facilities that meet the minimum acceptable level of service established under section 950bb(e) of this title, in that portion of the service territory.
(May 20, 1936, ch. 432, title VI, § 605, as added Pub. L. 115–334, title VI, § 6205(a), Dec. 20, 2018, 132 Stat. 4739.)
heading: Effective Date
text: Pub. L. 115–334, title VI, § 6205(b), Dec. 20, 2018, 132 Stat. 4739, provided that: “The amendment made by this section [enacting this section] shall not take effect until October 1, 2020.”
7 U.S.C. § 950bb–5 (AGRICULTURE)
§ 950bb–5. Default and deobligation; deferral
(a) Default and deobligation
In addition to other authority under applicable law, the Secretary shall establish written procedures for all broadband programs so that, to the maximum extent practicable, the programs are administered to—
(1) recover funds from loan and grant defaults;
(2) deobligate any awards, less allowable costs that demonstrate an insufficient level of performance (including metrics determined by the Secretary) or fraudulent spending, to the extent funds with respect to the award are available in the account relating to the program established by this subchapter;
(3) award those funds, on a competitive basis, to new or existing applicants consistent with this subchapter; and
(4) minimize overlap among the programs.
(b) Deferral period
In determining the terms and conditions of assistance provided under this subchapter, the Secretary may establish a deferral period of not shorter than the buildout period established for the project involved in order to support the financial feasibility and long-term sustainability of the project.
(May 20, 1936, ch. 432, title VI, § 606, as added Pub. L. 115–334, title VI, § 6206, Dec. 20, 2018, 132 Stat. 4739.)
7 U.S.C. § 950cc–1 (AGRICULTURE)
§ 950cc–1. Environmental reviews
The Secretary may obligate, but not disperse, funds under this chapter before the completion of otherwise required environmental, historical, or other types of reviews if the Secretary determines that a subsequent site-specific review shall be adequate and easily accomplished for the location of towers, poles, or other broadband facilities in the service area of the borrower without compromising the project or the required reviews.
(May 20, 1936, ch. 432, title VII, § 702, as added Pub. L. 115–334, title VI, § 6208, Dec. 20, 2018, 132 Stat. 4743.)
7 U.S.C. § 950cc–2 (AGRICULTURE)
§ 950cc–2. Use of loan proceeds to refinance loans for deployment of broadband service
Notwithstanding any other provision of this chapter, the proceeds of any loan made or guaranteed by the Secretary under this chapter may be used by the recipient of the loan for the purpose of refinancing an outstanding obligation of the recipient on another telecommunications loan made under this chapter, or on any other loan if that loan would have been for an eligible telecommunications purpose under this chapter.
(May 20, 1936, ch. 432, title VII, § 703, as added Pub. L. 115–334, title VI, § 6209, Dec. 20, 2018, 132 Stat. 4743.)