US Codex
U.S.C.
Notes

§913. Definitions — Inbound Citations

7 U.S.C. § 913

Cited by 294 provisions in release 119-102.

Citations to §913(2)

Citations to §913(3)

Citations to §913(4)

  • 7 U.S.C. § 902(a)
    Go to provision →
    (a) The Secretary of Agriculture (referred to in this chapter as the “Secretary”) is authorized and empowered to make loans, or refinance loans made or guaranteed by the Secretary under this chapter, in the several States and Territories of the United States for rural electrification and for the purpose of furnishing and improving electric and telephone service in rural areas, as provided in this chapter, and for the purpose of assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems.
  • 7 U.S.C. § 904(a)
    Go to provision →
    (a) The Secretary is authorized and empowered, from the sums hereinbefore authorized, to make loans for rural electrification to persons, corporations, States, Territories, and subdivisions and agencies thereof, municipalities, peoples’ utility districts and cooperative, nonprofit, or limited-dividend associations, organized under the laws of any State or Territory of the United States, for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines or systems for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems, and loans, from funds available under section 903 of this title, to cooperative associations and municipalities for the purpose of enabling said cooperative associations, and municipalities to the extent that such indebtedness was incurred with respect to electric transmission and distribution lines or systems or portions thereof serving persons in rural areas, to discharge or refinance long-term debts owed by them to the Tennessee Valley Authority on account of loans made or credit extended under the terms of the Tennessee Valley Authority Act of 1933, as amended [16 U.S.C. 831 et seq.]: Provided, That the Secretary, in making such loans, shall give preference to States, Territories, and subdivisions and agencies thereof, municipalities, peoples’ utility districts, and cooperative, nonprofit, or limited-dividend associations, the projects of which comply with the requirements of this chapter.
  • 7 U.S.C. § 906a
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    No funds provided under the Rural Electrification Act of 1936, as amended [7 U.S.C. 901 et seq.], shall be used outside the United States or any of its territories.
  • 7 U.S.C. § 950bb(b)(2)
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    (2) The term “incumbent service provider”, with respect to an application submitted under this section, means an entity that, as of the date of submission of the application, is providing broadband service to not less than 5 percent of the households in the service territory proposed in the application.
  • 7 U.S.C. § 950bb(c)(2)(B)(i)(V)
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    (V) that provide rapid and expanded deployment of fixed and mobile broadband on cropland and ranchland within a service territory for use in various applications of precision agriculture; and
  • 7 U.S.C. § 950bb(c)(3)(B)(i)
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    (i) be carried out in a proposed service territory in which not less than 90 percent of the households are unserved; and
  • 7 U.S.C. § 950bb(d)(2)(A)
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    (A) Except as provided in subparagraphs (B) and (C), assistance under this section may be used to carry out a project in a proposed service territory only if, as of the date on which the application of the eligible entity is submitted—
    (i) not less than 50 percent (in the case of loans or loan guarantees provided in accordance with subsection (g)(1)(A)) of the households in the proposed service territory are unserved or have service levels below the minimum acceptable level of fixed broadband service, whether terrestrial or wireless, established under subsection (e); and
    (ii) broadband service is not provided in any part of the proposed service territory by 3 or more incumbent service providers.
  • 7 U.S.C. § 950bb(d)(2)(A)(i)
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    (i) not less than 50 percent (in the case of loans or loan guarantees provided in accordance with subsection (g)(1)(A)) of the households in the proposed service territory are unserved or have service levels below the minimum acceptable level of fixed broadband service, whether terrestrial or wireless, established under subsection (e); and
  • 7 U.S.C. § 950bb(d)(2)(A)(ii)
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    (ii) broadband service is not provided in any part of the proposed service territory by 3 or more incumbent service providers.
  • 7 U.S.C. § 950bb(d)(2)(B)
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    (B) Subparagraph (A)(i) shall not apply to the proposed service territory of a project if a loan or loan guarantee has been made under this section to the applicant to provide broadband service in the proposed service territory.
  • 7 U.S.C. § 950bb(d)(2)(C)(i)
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    (i) Except as provided in clause (ii), subparagraph (A)(ii) shall not apply to an incumbent service provider in the portion of a proposed service territory in which the provider is upgrading broadband service to meet the minimum acceptable level of broadband service established under subsection (e) for the existing territory of the incumbent service provider.
  • 7 U.S.C. § 950bb(e)(4)(D)
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    (D) If an applicant shows that it would be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. Any substitute service standards should continue to consider the best technology available to meet the needs of the residents in the unserved area.
  • 7 U.S.C. § 950bb–1(d)(1)(A)(iii)(I)
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    (I) connecting, assisting with connecting, or enabling the connection of retail broadband systems that serve rural areas within the proposed service territory to the middle mile infrastructure project in an affordable and economically competitive manner;
  • 7 U.S.C. § 950bb–1(d)(2)
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    (2) The proceeds of assistance provided under this section may be used to carry out a project in a proposed service territory only if, as of the date the application for assistance under this section is submitted, there is not adequate middle mile infrastructure available to support broadband service for eligible rural communities that would be provided access to the middle mile infrastructure.
  • 7 U.S.C. § 950bb–1(d)(3)(B)
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    (B) the Secretary determines that the proposed middle mile network will be capable of supporting retail broadband service meeting the maximum broadband buildout requirement established under section 950bb(e)(4) of this title for the residents within the proposed service territory.
  • 7 U.S.C. § 950bb–4(a)
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    (a) 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.
  • 7 U.S.C. § 950bb–4(b)
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    (b) 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.
  • 7 U.S.C. § 950cc(a)(1)(D)
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    (D) the estimated number and proportion of service points in the proposed service territory without fixed broadband service, whether terrestrial or wireless;
  • 7 U.S.C. § 950cc(c)(2)(A)
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    (A) As a condition of receiving assistance under section 950bb of this title, a recipient of assistance shall provide to the Secretary complete, reliable, and precise geolocation information that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee not later than 30 days after the earlier of—
    (i) the date of completion of any project milestone established by the Secretary; or
    (ii) the date of completion of the project.

Citations to §913(5)

  • 7 U.S.C. § 902(a)
    Go to provision →
    (a) The Secretary of Agriculture (referred to in this chapter as the “Secretary”) is authorized and empowered to make loans, or refinance loans made or guaranteed by the Secretary under this chapter, in the several States and Territories of the United States for rural electrification and for the purpose of furnishing and improving electric and telephone service in rural areas, as provided in this chapter, and for the purpose of assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems.
  • 7 U.S.C. § 902(b)
    Go to provision →
    (b) The Secretary may make, or cause to be made, studies, investigations, and reports regarding matters, including financial, technological, and regulatory matters, affecting the condition and progress of electric, telecommunications, and economic development in rural areas, and publish and disseminate information with respect to the matters.
  • 7 U.S.C. § 902(c)
    Go to provision →
    (c) Not later than 180 days after December 20, 2018, the Secretary shall enter into a memorandum of understanding with the Secretary of Energy under which the Secretary of Energy shall provide technical assistance to the Rural Utilities Service on loans to be made under subsection (a) of this section and section 904(a) of this title.
  • 7 U.S.C. § 904(a)
    Go to provision →
    (a) The Secretary is authorized and empowered, from the sums hereinbefore authorized, to make loans for rural electrification to persons, corporations, States, Territories, and subdivisions and agencies thereof, municipalities, peoples’ utility districts and cooperative, nonprofit, or limited-dividend associations, organized under the laws of any State or Territory of the United States, for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines or systems for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to implement demand side management, energy efficiency and conservation programs, and on-grid and off-grid renewable energy systems, and loans, from funds available under section 903 of this title, to cooperative associations and municipalities for the purpose of enabling said cooperative associations, and municipalities to the extent that such indebtedness was incurred with respect to electric transmission and distribution lines or systems or portions thereof serving persons in rural areas, to discharge or refinance long-term debts owed by them to the Tennessee Valley Authority on account of loans made or credit extended under the terms of the Tennessee Valley Authority Act of 1933, as amended [16 U.S.C. 831 et seq.]: Provided, That the Secretary, in making such loans, shall give preference to States, Territories, and subdivisions and agencies thereof, municipalities, peoples’ utility districts, and cooperative, nonprofit, or limited-dividend associations, the projects of which comply with the requirements of this chapter.
  • 7 U.S.C. § 904(b)
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    (b) Such loans shall be on such terms and conditions relating to the expenditure of the moneys loaned and the security therefor as the Secretary shall determine and may be made payable in whole or in part out of the income, except that no loan for the construction, operation, or enlargement of any generating plant shall be made unless the consent of the State authority having jurisdiction in the premises is first obtained.
  • 7 U.S.C. § 904(d)
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    (d) Loans under this section shall not be made unless the Secretary finds and certifies that in his judgment the security therefor is reasonably adequate and such loan will be repaid within the time agreed.
  • 7 U.S.C. § 905(a)
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    (a) For electrification baseload generation loan guarantees, the Secretary shall, at the request of the borrower, charge an upfront fee to cover the costs of the loan guarantee.
  • 7 U.S.C. § 907
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    The Secretary is authorized and empowered to bid for and purchase at any foreclosure or other sale, or otherwise to acquire, property pledged or mortgaged to secure any loan made pursuant to this chapter; to pay the purchase price and any costs and expenses incurred in connection therewith from the sums authorized in section 903 of this title; to accept title to any property so purchased or acquired in the name of the United States of America; to operate or lease such property for such period as may be deemed necessary or advisable to protect the investment therein, but not to exceed five years after the acquisition thereof; and to sell such property so purchased or acquired, upon such terms and for such consideration as the Secretary shall determine to be reasonable.
  • 7 U.S.C. § 908(a)
    Go to provision →
    (a) Subject to subsections (b) and (c) of this section, the Secretary may allow a recipient of a grant, loan, or loan guarantee under this subchapter to set aside not more than 10 percent of the amount so received to provide retail broadband service.
  • 7 U.S.C. § 908(d)
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    (d) The Secretary shall not provide funding under subsection (a) if the funding would result in competitive harm to any grant, loan, or loan guarantee referred to in subsection (a).
  • 7 U.S.C. § 909
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    This chapter shall be administered entirely on a nonpartisan basis, and in the appointment of officials, the selection of employees, and in the promotion of any such officials or employees, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. If the Secretary herein provided for is found by the President of the United States to be guilty of a violation of this section, he shall be removed from office by the President, and any appointee or selection of officials or employees made by the Secretary who is found guilty of a violation of this chapter shall be removed by the Secretary.
  • 7 U.S.C. § 911
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    In order to carry out the provisions of this chapter the Secretary may accept and utilize such voluntary and uncompensated services of Federal, State, and local officers and employees as are available, and he may appoint and fix the compensation of attorneys, engineers, and experts and he may, subject to the civil-service laws, appoint such other officers and employees as he may find necessary and prescribe their duties. The Secretary is authorized, from sums appropriated pursuant to section 906 of this title, to make such expenditures (including expenditures for personal services; supplies and equipment; lawbooks and books of reference; directories and periodicals; travel expenses; rental at the seat of government and elsewhere; the purchase, operation, or maintenance of passenger-carrying vehicles; and printing and binding) as are appropriate and necessary to carry out the provisions of this chapter.
  • 7 U.S.C. § 912(a)
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    (a) The Secretary is authorized and empowered to extend the time of payment of interest or principal of any loans made by the Secretary pursuant to this chapter, except that, with respect to any loan made under section 904 or 922 of this title, the payment of interest or principal shall not be extended more than five years after such payment shall have become due.
  • 7 U.S.C. § 912(b)(1)
    Go to provision →
    (1) Subject to limitations established in appropriations Acts, the Secretary shall permit any borrower to defer the payment of principal and interest on any insured or direct loan made under this chapter under circumstances described in this subsection, notwithstanding any limitation contained in subsection (a), except that such deferment shall not be permitted based on the determination of the Secretary of the financial hardship of the borrower.
  • 7 U.S.C. § 912(b)(4)
    Go to provision →
    (4) The Secretary shall undertake all reasonable efforts to permit the full amount of deferments authorized by this subsection during each fiscal year.
  • 7 U.S.C. § 912(c)(1)
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    (1) The Secretary shall allow borrowers to defer payment of principal and interest on any direct loan made under this chapter to enable the borrower to make loans to residential, commercial, and industrial consumers—
    (A) to conduct energy efficiency and use audits; and
    (B) to install energy efficient measures or devices that reduce the demand on electric systems.
  • 7 U.S.C. § 912(c)(2)
    Go to provision →
    (2) The total amount of a deferment under this subsection shall not exceed the sum of the principal and interest on the loans made to a customer of the borrower, as determined by the Secretary.
  • 7 U.S.C. § 912a
    Go to provision →
    In addition to the loan extension authority provided in section 912 of this title, the Secretary of Agriculture is authorized to adjust and readjust the schedules for payment of principal and interest on loans to borrowers under programs administered by the Secretary under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), and to extend the maturity date of any such loan to a date not beyond forty years from the date of such loan where he determines such action is necessary because of the impairment of the economic feasibility of the system, or the loss, destruction, or damage of the property of such borrowers as a result of a major disaster.
  • 7 U.S.C. § 915
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    The Secretary of Agriculture is authorized to purchase such financial and credit reports as may be necessary to carry out the Secretary’s authorized work: Provided, That purchases under this authority shall not be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed therein.
  • 7 U.S.C. § 916
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    In order to insure coordination of electric generation and transmission financing under this chapter with the national energy policy, the Secretary in making or guaranteeing loans for the construction, operation, or enlargement of generating plants or electric transmission lines or systems, shall consider such general criteria consistent with the provisions of this chapter as may be published by the Secretary of Energy.
  • 7 U.S.C. § 917(a)
    Go to provision →
    (a) Assistance under any rural development program administered by the Secretary or any agency of the Department of Agriculture shall not be conditioned on any requirement that the recipient of the assistance accept or receive electric service from any particular utility, supplier, or cooperative.
  • 7 U.S.C. § 917(b)
    Go to provision →
    (b) The Secretary shall establish, by regulation, adequate safeguards to ensure that assistance under any rural development program is not subject to such a condition. The safeguards shall include periodic certifications and audits, and appropriate measures and sanctions against any person violating, or attempting to violate subsection (a).
  • 7 U.S.C. § 917(d)
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    (d) Not later than 60 days after April 4, 1996, the Secretary shall issue final regulations to ensure compliance with subsection (a).
  • 7 U.S.C. § 918(a)
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    (a) The Secretary shall not deny or reduce any loan or loan advance under this chapter based on a borrower’s level of general funds.
  • 7 U.S.C. § 918(b)
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    (b) 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.
  • 7 U.S.C. § 918(c)(1)
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    (1) 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.
  • 7 U.S.C. § 918(c)(2)
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    (2) 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.
  • 7 U.S.C. § 918(c)(3)
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    (3) 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.
  • 7 U.S.C. § 918(c)(4)
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    (4) The Secretary may enter into such contracts, grants, or cooperative agreements as are necessary to carry out this section.
  • 7 U.S.C. § 918(c)(5)
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    (5) 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.
  • 7 U.S.C. § 918a(a)
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    (a) 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.
  • 7 U.S.C. § 918b
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    On and after November 28, 2001, notwithstanding any other provision of law, the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service1 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.
  • 7 U.S.C. § 918c(b)
    Go to provision →
    (b) 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.
  • 7 U.S.C. § 918c(c)(1)
    Go to provision →
    (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).
  • 7 U.S.C. § 918c(c)(2)
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    (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).
  • 7 U.S.C. § 918c(c)(3)
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    (3) In making grants for the purposes described in subsection (b)(2), the Secretary shall give preference to renewable energy facilities.
  • 7 U.S.C. § 918c(d)
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    (d) 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.
  • 7 U.S.C. § 922
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    From such sums as are from time to time made available by the Congress to the Secretary for such purpose, pursuant to section 903 of this title, the Secretary is authorized and empowered to make loans to persons now providing or who may hereafter provide telephone service in rural areas, to public bodies now providing telephone service in rural areas and to cooperative, nonprofit, limited dividend, or mutual associations. Except as otherwise provided by this subchapter, such loans shall be made under the same terms and conditions as are provided in section 904 of this title, for the purpose of financing the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems to furnish and improve telephone service in rural areas: Provided, however, That the Secretary, in making such loans, shall give preference to persons providing telephone service in rural areas, to public bodies now providing telephone service in rural areas, and to cooperative, nonprofit, limited dividend, or mutual associations. The Secretary in making such loans shall, insofar as possible, obtain assurance that the telephone service to be furnished or improved thereby will be made available to the widest practical number of rural users. When it is determined by the Secretary to be necessary in order to furnish or improve telephone service in rural areas, such loans may be made for the improvement, expansion, construction, acquisition, and operation of telephone lines, facilities, or systems without regard to their geographical location. The Secretary is further authorized and empowered to make loans for the purpose of refinancing outstanding indebtedness of persons furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this chapter. Loans under this section shall not be made unless the Secretary finds and certifies that in his judgment the security therefor is reasonably adequate and such loan will be repaid within the time agreed and that no duplication of lines, facilities, or systems, providing reasonably adequate services will result therefrom.
  • 7 U.S.C. § 925
    Go to provision →
    The Secretary may not, as a condition of making a telephone loan to an applicant therefor, require the applicant to—
  • 7 U.S.C. § 926(a)
    Go to provision →
    (a) 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).
  • 7 U.S.C. § 926(a)(2)
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    (2) require a qualified telephone borrower to obtain the approval of the Secretary in order to make an investment described in paragraph (1).
  • 7 U.S.C. § 927(a)
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    (a) The Secretary shall—
    (1) 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;
    (2) annually determine and publish the average described in paragraph (2)(B); and
    (3) make loans for all purposes for which telephone loans are authorized under section 922 of this title, to the extent of qualifying applications therefor.
  • 7 U.S.C. § 927(b)
    Go to provision →
    (b) The Secretary shall not—
    (1) rescind an insured telephone 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 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.
  • 7 U.S.C. § 927(b)(2)
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    (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 or the Federal Financing Bank; or
  • 7 U.S.C. § 928
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    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—
  • 7 U.S.C. § 931(1)
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    (1) all notes, bonds, obligations, liens, mortgages, and property delivered or assigned to the Secretary pursuant to loans heretofore or hereafter made under sections 904, 905,1 and 922 of this title and under this subchapter, as of May 11, 1973, and all proceeds from the sales hereunder of such notes, bonds, obligations, liens, mortgages, and property, which shall be transferred to and be assets of the funds;
  • 7 U.S.C. § 931(5)
    Go to provision →
    (5) moneys borrowed from the Secretary of the Treasury pursuant to section 934(a) of this title.
  • 7 U.S.C. § 932(a)
    Go to provision →
    (a) The notes of the Secretary to the Secretary of the Treasury to obtain funds for loans under sections 904, 905,1 and 922 of this title, and all other liabilities against the appropriations or assets in the fund in connection with electrification and telephone loan operations shall be liabilities of the fund, and all other obligations against such appropriations or assets in the fund arising out of electrification and telephone loan operations shall be obligations of the fund.
  • 7 U.S.C. § 932(b)(2)
    Go to provision →
    (2) payment of principal when due (without interest) on outstanding loans to the Secretary from the Secretary of the Treasury for electrification and telephone purposes and payment of principal and interest when due on loans to the Secretary from the Secretary of the Treasury pursuant to section 934(a) of this title;
  • 7 U.S.C. § 932(b)(4)
    Go to provision →
    (4) payment to the holder of insured notes of any defaulted installment or, upon assignment of the note to the Secretary at his request, the entire balance due on the note;
  • 7 U.S.C. § 932(b)(5)
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    (5) purchase of notes in accordance with contracts of insurance entered into by the Secretary;
  • 7 U.S.C. § 932(c)(1)
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    (1) The Secretary shall maintain two separate accounts within the fund, which shall be known as the electric account and the telephone account, respectively.
  • 7 U.S.C. § 932(c)(2)(A)
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    (A) The Secretary shall account for the assets, liabilities, income, expenses, and equity of the fund attributable to electrification loan operations in the electric account.
  • 7 U.S.C. § 932(c)(2)(B)
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    (B) The Secretary shall account for the assets, liabilities, income, expenses, and equity of the fund attributable to telephone loan operations in the telephone account.
  • 7 U.S.C. § 934(a)
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    (a) The Secretary is authorized to make and issue interim notes to the Secretary of the Treasury for the purpose of obtaining funds necessary for discharging obligations of the fund and for making loans, advances and authorized expenditures out of the fund. Such notes shall be in such form and denominations and have such maturities and be subject to such terms and conditions as may be agreed upon by the Secretary and the Secretary of the Treasury. Such notes shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yield of outstanding marketable obligations of the United States having maturities comparable to the notes issued by the Secretary under this section. The Secretary of the Treasury is authorized and directed to purchase any notes of the Secretary issued hereunder, and, for that purpose, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which such securities may be issued under such chapter are extended to include the purchase of notes issued by the Secretary. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes shall be treated as public debt transactions of the United States: Provided, however, That such interim notes to the Secretary of the Treasury shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States.
  • 7 U.S.C. § 934(b)
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    (b) The Secretary of the Treasury is authorized and directed to purchase for resale obligations insured through the fund when offered by the Secretary. Such resales shall be upon such terms and conditions as the Secretary of the Treasury shall determine. Purchases and resales by the Secretary of the Treasury hereunder shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and not lending (budget outlays) of the United States.
  • 7 U.S.C. § 934(c)
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    (c) The Secretary may, on an insured basis or otherwise, sell and assign any notes in the fund or sell certificates of beneficial ownership therein to the Secretary of the Treasury or in the private market. Any sale by the Secretary of notes individually or in blocks shall be treated as a sale of assets for the purposes of chapter 11 of title 31, notwithstanding the fact that the Secretary, under an agreement with the purchaser or purchasers, holds the debt instruments evidencing the loans and holds or reinvests payments thereon as trustee and custodian for the purchaser or purchasers of the individual note or of the certificate of beneficial ownership in a number of such notes. Security instruments taken by the Secretary in connection with any notes in the fund may constitute liens running to the United States notwithstanding the fact that such notes may be thereafter held by purchasers thereof.
  • 7 U.S.C. § 935(a)
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    (a) The Secretary is authorized to make insured loans under this subchapter and at the interest rates hereinafter provided to the full extent of the assets available in the fund, subject only to limitations as to amounts authorized for loans and advances as may be from time to time imposed by the Congress of the United States for loans to be made in any one year, which amounts shall remain available until expended: Provided, That the Congress in the annual appropriation Act may also authorize the transfer of any excess cash in the fund for deposit into the Treasury as miscellaneous receipts: And provided further, That any such loans and advances shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States.
  • 7 U.S.C. § 935(b)
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    (b) Loans made under this section shall be insured by the Secretary when purchased by a lender. As used in this chapter, an insured loan is one which is made, held, and serviced by the Secretary, and sold and insured by the Secretary hereunder; such loans shall be sold and insured by the Secretary without undue delay.
  • 7 U.S.C. § 935(c)(1)(A)
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    (A) The Secretary shall make insured electric loans, to the extent of qualifying applications for the loans, at an interest rate of 5 percent per year to any applicant for a loan who meets each of the following requirements:
    (i) The average revenue per kilowatt-hour sold by the applicant is not less than 120 percent of the average revenue per kilowatt-hour sold by all utilities in the State in which the applicant provides service.
    (ii) The average residential revenue per kilowatt-hour sold by the applicant is not less than 120 percent of the average residential revenue per kilowatt-hour sold by all utilities in the State in which the applicant provides service.
    (iii) The average per capita income of the residents receiving electric service from the applicant is less than the average per capita income of the residents of the State in which the applicant provides service, or the median household income of the households receiving electric service from the applicant is less than the median household income of the households in the State.
  • 7 U.S.C. § 935(c)(1)(B)
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    (B) In addition to hardship loans that are made under subparagraph (A), the Secretary may make an insured electric loan at an interest rate of 5 percent per year to an applicant for a loan if, in the sole discretion of the Secretary, the applicant has experienced a severe hardship.
  • 7 U.S.C. § 935(c)(1)(C)
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    (C) Except as provided in subparagraph (D), the Secretary may not make a loan under this paragraph to an applicant for the purpose of furnishing or improving electric service to a consumer located in an urban area (as defined by the Bureau of the Census) if the average number of consumers per mile of line of the total electric system of the applicant exceeds 17.
  • 7 U.S.C. § 935(c)(1)(D)
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    (D) In addition to hardship loans that are made under subparagraphs (A) and (B), the Secretary shall make insured electric loans, to the extent of qualifying applications for the loans, at an interest rate of 5 percent per year to any applicant for a loan whose residential revenue exceeds 15.0 cents per kilowatt-hour sold. A qualifying application from such an applicant for the purpose of furnishing or improving electric service to a consumer located outside of an urbanized area shall not be subject to the conditions or limitation of subparagraph (A) or (C).
  • 7 U.S.C. § 935(c)(2)(A)
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    (A) The Secretary shall make insured electric loans, to the extent of qualifying applications for the loans, at the interest rate described in subparagraph (B) for the term or terms selected by the applicant pursuant to subparagraph (C).
  • 7 U.S.C. § 935(c)(2)(B)(i)(I)
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    (I) the interest rate determined by the Secretary to be equal to the current market yield on outstanding municipal obligations with remaining periods to maturity similar to the term selected by the applicant pursuant to subparagraph (C), but not greater than the rate determined under section 1927(a)(3)(A) of this title that is based on the current market yield on outstanding municipal obligations; plus
  • 7 U.S.C. § 935(c)(2)(C)(ii)(II)
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    (II) The Secretary may prohibit an applicant from selecting a term that would result in the total term of the loan being greater than the expected useful life of the assets being financed.
  • 7 U.S.C. § 935(c)(2)(D)
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    (D) The Secretary shall offer any applicant for a loan under this paragraph the option to include in the loan agreement the right of the applicant to prepay the loan on terms consistent with similar provisions of commercial loans.
  • 7 U.S.C. § 935(c)(3)
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    (3) The Secretary may not require any applicant for a loan made under this subsection who is eligible for a loan under paragraph (1) to obtain a loan from another source as a condition of approving the application for the loan or advancing any amount under the loan.
  • 7 U.S.C. § 935(d)(1)(A)
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    (A) The Secretary shall make insured telephone loans, to the extent of qualifying applications for the loans, at an interest rate of 5 percent per year, to any applicant who meets each of the following requirements:
    (i) The average number of subscribers per mile of line in the service area of the applicant is not more than 4.
    (ii) The applicant is capable of producing net income or margins before interest of not less than 100 percent (but not more than 300 percent) of the interest requirements on all of the outstanding and proposed loans of the applicant.
    (iii) The Secretary has approved a telecommunications modernization plan for the State under paragraph (3) and, if the plan was developed by telephone borrowers under this subchapter, the applicant is a participant in the plan.
    (iv) The average number of subscribers per mile of line in the area included in the proposed loan is not more than 17.
  • 7 U.S.C. § 935(d)(1)(A)(iii)
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    (iii) The Secretary has approved a telecommunications modernization plan for the State under paragraph (3) and, if the plan was developed by telephone borrowers under this subchapter, the applicant is a participant in the plan.
  • 7 U.S.C. § 935(d)(1)(B)
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    (B) The Secretary may waive the requirement of subparagraph (A)(ii) in any case in which the Secretary determines (and sets forth the reasons for the waiver in writing) that the requirement would prevent emergency restoration of the telephone system of the applicant or result in severe hardship to the applicant.
  • 7 U.S.C. § 935(d)(2)(A)
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    (A) The Secretary may make insured telephone loans for the acquisition, purchase, and installation of telephone lines, systems, and facilities (other than buildings used primarily for administrative purposes, vehicles not used primarily in construction, and customer premise equipment) related to the furnishing, improvement, or extension of rural telecommunications service, at an interest rate equal to the then current cost of money to the Government of the United States for loans of similar maturity, but not more than 7 percent per year, to any applicant for a loan who meets the following requirements:
    (i) The average number of subscribers per mile of line in the service area of the applicant is not more than 15, or the applicant is capable of producing net income or margins before interest of not less than 100 percent (but not more than 500 percent) of the interest requirements on all of the outstanding and proposed loans of the applicant.
    (ii) The Secretary has approved a telecommunications modernization plan for the State under paragraph (3) and, if the plan was developed by telephone borrowers under this subchapter, the applicant is a participant in the plan.
  • 7 U.S.C. § 935(d)(2)(A)(ii)
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    (ii) The Secretary has approved a telecommunications modernization plan for the State under paragraph (3) and, if the plan was developed by telephone borrowers under this subchapter, the applicant is a participant in the plan.
  • 7 U.S.C. § 935(d)(2)(B)
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    (B) On request of any applicant for a loan under this paragraph during any fiscal year, the Secretary shall—
    (i) consider the application to be for a loan under this paragraph; and
    (ii) if the applicant is eligible for a loan, make a loan to the applicant under this paragraph in an amount equal to the amount that bears the same ratio to the total amount of loans for which the applicant is eligible under this paragraph, as the amount made available for loans under this paragraph for the fiscal year bears to the total amount made available for loans under this paragraph for the fiscal year.
  • 7 U.S.C. § 935(d)(3)(A)
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    (A) If, not later than 1 year after final regulations are promulgated to carry out this paragraph, any State, either by statute or through the public utility commission of the State, develops a telecommunications modernization plan that meets the requirements of subparagraph (B), the Secretary shall approve the plan for the State. If a State does not develop a plan in accordance with the requirements of the preceding sentence, the Secretary shall approve any telecommunications modernization plan for the State that meets the requirements that is developed by a majority of the borrowers of telephone loans made under this subchapter who are located in the State.
  • 7 U.S.C. § 935(d)(3)(B)(vi)
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    (vi) The plan must provide for such additional requirements for service standards as may be required by the Secretary.
  • 7 U.S.C. § 935(d)(3)(C)
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    (C) A telecommunications modernization plan approved under subparagraph (A) may not subsequently be disapproved. Notwithstanding paragraphs (1)(A)(iii) and (2)(A)(iii),1 and the Secretary may make a loan to a borrower serving a State that does not have a telecommunication modernization plan approved by the Secretary if the loan is made less than 1 year after the Secretary has adopted final regulations implementing this paragraph.
  • 7 U.S.C. § 936
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    The Secretary may provide financial assistance to borrowers for purposes provided in this chapter by guaranteeing loans, in the full amount thereof, made by the National Rural Utilities Cooperative Finance Corporation and any other legally organized lending agency, or by accommodating or subordinating liens or mortgages in the fund held by the Secretary as owner or as trustee or custodian for purchases of notes from the fund, or by any combination of such guarantee, accommodation, or subordination. The Secretary shall not provide such assistance to any borrower of a telephone loan under this chapter unless the borrower specifically applies for such assistance. No fees or charges shall be assessed for any such accommodation or subordination. Guaranteed loans shall bear interest at the rate agreed upon by the borrower and the lender. Guaranteed loans, and accommodation and subordination of liens or mortgages, may be made concurrently with an insured loan. The amount of guaranteed loans shall be subject only to such limitations as to amounts as may be authorized from time to time by the Congress of the United States: Provided, That any amounts guaranteed hereunder shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States. As used in this subchapter a guaranteed loan is one which is initially made, held, and serviced by a legally organized lending agency and which is guaranteed by the Secretary hereunder. A guaranteed loan, including the related guarantee, may be assigned to the extent provided in the contract of guarantee executed by the Secretary under this subchapter; the assignability of such loan and guarantee shall be governed exclusively by said contract of guarantee.
  • 7 U.S.C. § 936a(b)
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    (b) No sums in addition to the payment of the outstanding principal balance due on the loan may be charged as the result of such prepayment against the borrower, the fund, or the Secretary.
  • 7 U.S.C. § 936a(c)(1)
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    (1) A borrower will not qualify for prepayment under this section if, in the opinion of the Secretary of the Treasury, to prepay in such borrower’s case would adversely affect the operation of the Federal Financing Bank.
  • 7 U.S.C. § 936a(d)(1)
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    (1) The Secretary shall permit, subject to subsection (a), prepayments of principal on loans in fiscal year 1987 under this section or Public Law 99–349 in such amounts as to realize net proceeds from all such prepayments in fiscal year 1987 in an amount not less than $2,017,500,000.
  • 7 U.S.C. § 936a(d)(2)
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    (2) The Secretary shall establish—
    (A) eligibility criteria to ensure that any loan prepayment activity required to be carried out under this subsection will be directed to those cooperative borrowers in greatest need of the benefits associated with prepayment, as determined by the Secretary; and
    (B) such other eligibility criteria as the Secretary determines are necessary to carry out this subsection.
  • 7 U.S.C. § 936a(d)(2)(A)
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    (A) eligibility criteria to ensure that any loan prepayment activity required to be carried out under this subsection will be directed to those cooperative borrowers in greatest need of the benefits associated with prepayment, as determined by the Secretary; and
  • 7 U.S.C. § 936a(d)(2)(B)
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    (B) such other eligibility criteria as the Secretary determines are necessary to carry out this subsection.
  • 7 U.S.C. § 936a(e)
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    (e) Any guarantee of a loan prepaid under this section shall be fully assignable under the provisions of section 936 of this title and transferable. However, the Secretary may require that any such guarantee, if transfered1 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.
  • 7 U.S.C. § 936b(a)(2)(B)
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    (B) the present value of the loan discounted from the face value at maturity at the rate established by the Secretary.
  • 7 U.S.C. § 936b(a)(4)
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    (4) If a borrower prepays a loan under this subsection using tax exempt financing, the discount shall be adjusted to ensure that the borrower receives a benefit that is equal to the benefit the borrower would receive if the borrower used fully taxable financing. The borrower shall certify in writing whether the financing will be tax exempt and shall comply with such other terms and conditions as the Secretary may establish that are reasonable and necessary to carry out this subsection.
  • 7 U.S.C. § 936b(a)(5)(A)(i)
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    (i) a borrower that has prepaid a loan, either before or after October 21, 1992, at a discount rate as provided by paragraph (3), shall not be eligible, except at the discretion of the Secretary, to apply for or receive direct or insured loans under this chapter during the 120-month period beginning on the date of the prepayment; and
  • 7 U.S.C. § 936b(a)(5)(A)(ii)(I)
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    (I) except at the discretion of the Secretary, to apply for or receive direct or insured loans described in clause (i) during the 180-month period beginning on the date of the prepayment; or
  • 7 U.S.C. § 936b(a)(5)(B)
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    (B) If a borrower and the Secretary have entered into an agreement with respect to a prepayment occurring before October 21, 1992, this paragraph shall supersede any provision in the agreement relating to the restoration of eligibility for loans under this chapter.
  • 7 U.S.C. § 936b(b)
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    (b) Notwithstanding subsection (a), a direct or insured loan may be prepaid by an electric borrower at the lesser of the outstanding principal balance due thereon or the present value thereof discounted from the face value at maturity at the rate set by the Secretary if the borrower is an electrical organization which resulted from a merger or consolidation between a borrower and an organization which, prior to October 1, 1987, prepaid its direct or insured loans pursuant to this section. Prepayments by a borrower hereunder shall be made not later than one year after the effective date of the merger, consolidation, or other transaction. The discount rate to be set by the Secretary for direct or insured loans prepayments hereunder shall be based on the current cost of funds to the Department of the Treasury for obligations of comparable maturity to those being prepaid. If a borrower prepays using tax exempt financing, the discount shall be adjusted to make the discount equivalent to fully taxable financing. The borrower shall certify in writing whether the financing will be tax exempt and shall comply with such other terms and conditions as the Secretary may establish which are reasonable and necessary to implement this provision. As used in this section, the term “direct loan” means a loan made under section 904 of this title.
  • 7 U.S.C. § 936c(b)(3)(A)(ii)
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    (ii) increasing the outstanding principal balance of the loan advance guaranteed by the Secretary that is being refinanced under this section by the amount of the penalty.
  • 7 U.S.C. § 936c(d)(4)
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    (4) The option provided under paragraph (1) shall not be available in the case of any loan or loan advance, or portion thereof, unless a written request to exercise such option is sent to the Secretary not later than 1 year after the effective date of regulations issued to carry out the Rural Electrification Loan Restructuring Act of 1993.
  • 7 U.S.C. § 936e(a)
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    (a) For the purpose of relieving borrowers of unnecessary and burdensome requirements, the Secretary, guided by the practices of private lenders with respect to similar credit risks, shall issue regulations, applicable to any electric borrower under this chapter whose net worth exceeds 110 percent of the outstanding principal balance on all loans made or guaranteed to the borrower by the Secretary, to minimize those approval rights, requirements, restrictions, and prohibitions that the Secretary otherwise may establish with respect to the operations of such a borrower.
  • 7 U.S.C. § 936e(b)
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    (b) At the request of a private lender providing financing to such a borrower for a capital investment, the Secretary shall, expeditiously, either offer to share the government’s lien on the borrower’s system or offer to subordinate the government’s lien on that property financed by the private lender.
  • 7 U.S.C. § 936e(c)
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    (c) In issuing regulations implementing this section, the Secretary may establish requirements, guided by the practices of private lenders, to ensure that the security for any loan made or guaranteed under this chapter is reasonably adequate.
  • 7 U.S.C. § 936e(d)
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    (d) Nothing in this section limits the authority of the Secretary to establish terms and conditions with respect to the use by borrowers of the proceeds of loans made or guaranteed under this chapter or to take any other action specifically authorized by law.
  • 7 U.S.C. § 936f(a)(2)
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    (2) 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.
  • 7 U.S.C. § 936f(b)
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    (b) 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.
  • 7 U.S.C. § 936f(c)
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    (c) 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.
  • 7 U.S.C. § 936f(d)
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    (d) 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.
  • 7 U.S.C. § 937
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    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.
  • 7 U.S.C. § 938
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    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.
  • 7 U.S.C. § 940
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    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.].
  • 7 U.S.C. § 940b
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    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.
  • 7 U.S.C. § 940c(a)(1)(A)
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    (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.
  • 7 U.S.C. § 940c(a)(3)(D)
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    (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.
  • 7 U.S.C. § 940c(b)(2)
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    (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.
  • 7 U.S.C. § 940c–1(a)(1)
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    (1) Subject to subsection (b), the Secretary shall guarantee payments on bonds or notes issued by cooperative or other lenders organized on a not-for-profit basis, if the proceeds of the bonds or notes are used to make utility infrastructure loans, or refinance bonds or notes issued for those purposes, to a borrower that has at any time received, or is eligible to receive, a loan under this chapter.
  • 7 U.S.C. § 940c–1(a)(2)
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    (2) A bond or note guaranteed under this section shall, by agreement between the Secretary and the borrower—
    (A) be for a term of 30 years (or another term of years that the Secretary determines is appropriate); and
    (B) be repaid by the borrower—
    (i) in periodic installments of principal and interest;
    (ii) in periodic installments of interest and, at the end of the term of the bond or note, as applicable, by the repayment of the outstanding principal; or
    (iii) through a combination of the methods described in clauses (i) and (ii).
  • 7 U.S.C. § 940c–1(a)(2)(A)
    Go to provision →
    (A) be for a term of 30 years (or another term of years that the Secretary determines is appropriate); and
  • 7 U.S.C. § 940c–1(b)(2)
    Go to provision →
    (2) The Secretary may deny the request of a lender for the guarantee of a bond or note under this section if the Secretary determines that—
    (A) the lender does not have appropriate expertise or experience or is otherwise not qualified to make loans for eligible purposes described in subsection (a)(1);
    (B) the bond or note issued by the lender would not be investment grade quality without a guarantee; or
    (C) the lender has not provided to the Secretary a list of loan amounts approved by the lender that the lender certifies are for eligible purposes described in subsection (a)(1).
  • 7 U.S.C. § 940c–1(b)(2)(C)
    Go to provision →
    (C) the lender has not provided to the Secretary a list of loan amounts approved by the lender that the lender certifies are for eligible purposes described in subsection (a)(1).
  • 7 U.S.C. § 940c–1(b)(3)
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    (3) The total amount of guarantees provided by the Secretary under this section during a fiscal year shall not exceed $1,000,000,000, subject to the availability of funds under subsection (e).
  • 7 U.S.C. § 940c–1(c)(1)
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    (1) A lender that receives a guarantee issued under this section on a bond or note shall pay a fee to the Secretary.
  • 7 U.S.C. § 940c–1(c)(3)(B)
    Go to provision →
    (B) The Secretary shall, with the consent of the lender, structure the schedule for payment of the fee to ensure that sufficient funds are available to pay the subsidy costs for note or bond guarantees as provided for in subsection (e)(2).
  • 7 U.S.C. § 940c–1(d)(2)
    Go to provision →
    (2) To ensure that the Secretary has the resources necessary to properly examine the proposed guarantees, the Secretary may limit the number of guarantees issued under this section to 5 per year.
  • 7 U.S.C. § 940c–1(d)(3)
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    (3) On the timely request of a lender, the General Counsel of the Department of Agriculture shall provide the Secretary with an opinion regarding the validity and authority of a guarantee issued to the lender under this section.
  • 7 U.S.C. § 940c–1(e)(2)
    Go to provision →
    (2) To the extent that the amount of funds appropriated for a fiscal year under paragraph (1) are not sufficient to carry out this section, the Secretary may use up to ⅓ of the fees collected under subsection (c) for the cost of providing guarantees of bonds and notes under this section before depositing the remainder of the fees into the rural economic development subaccount required to be maintained by sections 940c(b)(2) and 940c–2(f) of this title.
  • 7 U.S.C. § 940c–2(a)
    Go to provision →
    (a) 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.1
  • 7 U.S.C. § 940c–2(b)
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    (b) In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will encourage borrower participation.
  • 7 U.S.C. § 940c–2(c)
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    (c) 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.
  • 7 U.S.C. § 940c–2(e)(2)
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    (2) 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 through 2024, to remain available until expended.
  • 7 U.S.C. § 940c–2(e)(3)
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    (3) 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.
  • 7 U.S.C. § 940c–2(f)
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    (f) 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.
  • 7 U.S.C. § 940e(a)
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    (a) 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.
  • 7 U.S.C. § 940e(c)
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    (c) 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.
  • 7 U.S.C. § 940e(d)
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    (d) 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.
  • 7 U.S.C. § 940f(a)
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    (a) Subject to the limitations in this section and the provisions of the Federal Credit Reform Act of 1990 [2 U.S.C. 661 et seq.], as amended, a borrower of a loan made by the Federal Financing Bank and guaranteed under this chapter may request an extension of the final maturity of the outstanding principal balance of such loan or any loan advance thereunder. If the Secretary and the Federal Financing Bank approve such an extension, then the period of the existing guarantee shall also be considered extended.
  • 7 U.S.C. § 940f(b)(1)
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    (1) Extensions under this section shall not be made unless the Secretary first finds and certifies that, after giving effect to the extension, in his judgment the security for all loans to the borrower made or guaranteed under this chapter is reasonably adequate and that all such loans will be repaid within the time agreed.
  • 7 U.S.C. § 940f(b)(2)(A)
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    (A) evidence satisfactory to the Secretary that a Federal or State agency with jurisdiction and expertise has made an official determination, such as through a licensing proceeding, extending the useful life of a generating plant or transmission line pledged as collateral to or beyond the new final maturity date being requested by the borrower, or
  • 7 U.S.C. § 940f(b)(2)(B)
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    (B) a certificate from an independent licensed engineer concluding, on the basis of a thorough engineering analysis satisfactory to the Secretary, that the useful life of the generating plant or transmission line pledged as collateral extends to or beyond the new final maturity date being requested by the borrower.
  • 7 U.S.C. § 940f(c)(1)
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    (1) A borrower that receives an extension under this section shall pay a fee to the Secretary which shall be credited to the Rural Electrification and Telecommunications Loans Program account. Such fees shall remain available without fiscal year limitation to pay the modification costs for extensions.
  • 7 U.S.C. § 940g(b)
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    (b) 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.
  • 7 U.S.C. § 940h
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    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—
  • 7 U.S.C. § 940h(1)
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    (1) the interests of the Secretary are adequately protected by product warranties; or
  • 7 U.S.C. § 940i(b)
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    (b) The Secretary may make or guarantee loans under this subchapter and subchapter I for cybersecurity and grid security improvements.
  • 7 U.S.C. § 950aa
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    The Secretary shall—
  • 7 U.S.C. § 950aa(3)
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    (3) establish and administer various pilot projects through electric and telephone borrowers that the Secretary determines are useful or necessary, and recommend specific rural development projects for rural areas;
  • 7 U.S.C. § 950bb(b)(1)
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    (1) The term “broadband service” means any technology identified by the Secretary as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video.
  • 7 U.S.C. § 950bb(b)(3)(B)
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    (B) The Secretary may, by regulation only, consider an area described in section 1991(a)(13)(F)(i)(I) of this title to not be a rural area for purposes of this section.
  • 7 U.S.C. § 950bb(c)(1)
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    (1) The Secretary shall make grants, shall make loans, and shall guarantee loans to eligible entities described in subsection (d) to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in rural areas.
  • 7 U.S.C. § 950bb(c)(2)(A)
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    (A) In making grants, making loans, and guaranteeing loans under paragraph (1), the Secretary shall—
    (i) give the highest priority to applications for projects to provide broadband service to unserved rural communities that do not have any residential broadband service of at least—
    (I) a 10-Mbps downstream transmission capacity; and
    (II) a 1-Mbps upstream transmission capacity;
    (ii) give priority to applications for projects to provide the maximum level of broadband service to the greatest proportion of rural households in the proposed service area identified in the application;
    (iii) provide equal consideration to all eligible entities, including those that have not previously received grants, loans, or loan guarantees under paragraph (1); and
    (iv) with respect to 2 or more applications that are given the same priority under clause (i), give priority to an application that requests less grant funding than loan funding.
  • 7 U.S.C. § 950bb(c)(2)(B)
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    (B) After giving priority to the applications described in clauses (i) and (ii) of subparagraph (A), the Secretary shall then give priority to applications—
    (i) for projects to provide broadband service to rural communities—
    (I) with a population of less than 10,000 permanent residents;
    (II) that are experiencing outmigration and have adopted a strategic community investment plan under section 2008v(d) of this title that includes considerations for improving and expanding broadband service;
    (III) with a high percentage of low income families or persons (as defined in section 1471(b) of title 42);
    (IV) that are isolated from other significant population centers; or
    (V) that provide rapid and expanded deployment of fixed and mobile broadband on cropland and ranchland within a service territory for use in various applications of precision agriculture; and
    (ii) that were developed with the participation of, and will receive a substantial portion of the funding for the project from, 2 or more stakeholders, including—
    (I) State, local, and tribal governments;
    (II) nonprofit institutions;
    (III) community anchor institutions, such as—
    (aa) public libraries;
    (bb) elementary schools and secondary schools (as defined in section 7801 of title 20);
    (cc) institutions of higher education; and
    (dd) health care facilities;
    (IV) private entities;
    (V) philanthropic organizations; and
    (VI) cooperatives.
  • 7 U.S.C. § 950bb(c)(3)(A)(iii)
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    (iii) other development activities, as determined by the Secretary.
  • 7 U.S.C. § 950bb(c)(3)(D)
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    (D) The Secretary may—
    (i) make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves—
    (I) an area of rural households described in paragraph (2)(A)(i); or
    (II) a rural community described in any of subclauses (I) through (IV) of paragraph (2)(B)(i); and
    (ii) make modifications of the density thresholds described in subparagraph (C), in order to ensure that funds provided under this section are best utilized to provide broadband service in communities that are the most rural in character.
  • 7 U.S.C. § 950bb(c)(3)(D)(i)
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    (i) make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves—
    (I) an area of rural households described in paragraph (2)(A)(i); or
    (II) a rural community described in any of subclauses (I) through (IV) of paragraph (2)(B)(i); and
  • 7 U.S.C. § 950bb(c)(3)(E)
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    (E) The Secretary shall establish an application process for grants under this section that—
    (i) permits a single application for a grant and a loan under subchapter I, II, or this subchapter that is associated with such grant; and
    (ii) provides a single decision to award such grant and such loan.
  • 7 U.S.C. § 950bb(c)(3)(F)
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    (F) When determining population density under this section, the Secretary shall prescribe a calculation method which—
    (i) utilizes publicly available data; and
    (ii) includes only those areas in which the applicant is able to meet the service requirements under this section, as determined by the Secretary.
  • 7 U.S.C. § 950bb(c)(3)(F)(ii)
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    (ii) includes only those areas in which the applicant is able to meet the service requirements under this section, as determined by the Secretary.
  • 7 U.S.C. § 950bb(c)(4)
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    (4) In the case of loan guarantees issued or modified under this section, the Secretary shall charge and collect from the lender fees in such amounts as to bring down the costs of subsidies for guaranteed loans, except that such fees shall not act as a bar to participation in the programs nor be inconsistent with current practices in the marketplace.
  • 7 U.S.C. § 950bb(d)(1)(A)(ii)
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    (ii) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and
  • 7 U.S.C. § 950bb(d)(3)(A)
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    (A) The Secretary may require an entity to provide a cost share in an amount not to exceed 10 percent of the amount of the grant, loan, or loan guarantee requested in the application of the entity, unless the Secretary determines that a higher percentage is required for financial feasibility.
  • 7 U.S.C. § 950bb(d)(3)(B)(i)
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    (i) The Secretary may require an entity that proposes to have a subscriber projection of more than 20 percent of the broadband service market in a rural area to submit to the Secretary a market survey.
  • 7 U.S.C. § 950bb(d)(3)(B)(ii)
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    (ii) The Secretary may not require an entity that proposes to have a subscriber projection of less than 20 percent of the broadband service market in a rural area to submit to the Secretary a market survey.
  • 7 U.S.C. § 950bb(d)(5)(A)
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    (A) The Secretary may provide to eligible entities described in paragraph (1) that are applying for assistance under this section for a project described in subsection (c)(2)(A)(i) technical assistance and training—
    (i) to prepare reports and surveys necessary to request grants, loans, and loan guarantees under this section for broadband deployment;
    (ii) to improve management, including financial management, relating to the proposed broadband deployment;
    (iii) to prepare applications for grants, loans, and loan guarantees under this section; or
    (iv) to assist with other areas of need identified by the Secretary.
  • 7 U.S.C. § 950bb(d)(5)(A)(iv)
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    (iv) to assist with other areas of need identified by the Secretary.
  • 7 U.S.C. § 950bb(e)(2)
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    (2) At least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the minimum acceptable level of broadband service established under paragraph (1) and broadband buildout requirements under paragraph (4) to ensure that high quality, cost-effective broadband service is provided to rural areas over time.
  • 7 U.S.C. § 950bb(e)(3)
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    (3) The Secretary shall not establish requirements for bandwidth or speed that have the effect of precluding the use of evolving technologies appropriate for rural areas.
  • 7 U.S.C. § 950bb(e)(4)(B)
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    (B) Subject to subparagraph (C), the Secretary shall establish broadband buildout requirements for projects with agreement lengths of—
    (i) 5 to 10 years;
    (ii) 11 to 15 years;
    (iii) 16 to 20 years; and
    (iv) more than 20 years.
  • 7 U.S.C. § 950bb(e)(4)(C)
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    (C) In establishing the broadband buildout requirements under subparagraph (B), the Secretary shall—
    (i) utilize the same metrics used to define the minimum acceptable level of broadband service under paragraph (1);1
    (ii) establish such requirements to reasonably ensure—
    (I) the repayment of all loans and loan guarantees; and
    (II) the financed network is technically capable of providing broadband service for the lifetime of any project-related agreement.
  • 7 U.S.C. § 950bb(e)(4)(D)
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    (D) If an applicant shows that it would be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. Any substitute service standards should continue to consider the best technology available to meet the needs of the residents in the unserved area.
  • 7 U.S.C. § 950bb(f)
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    (f) For purposes of determining whether to provide assistance for a project under this section, the Secretary shall use criteria that are technologically neutral.
  • 7 U.S.C. § 950bb(g)(1)(A)
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    (A) bear interest at an annual rate of, as determined by the Secretary—
    (i) in the case of a direct loan, a rate equivalent to—
    (I) the cost of borrowing to the Department of the Treasury for obligations of comparable maturity; or
    (II) 4 percent; and
    (ii) in the case of a guaranteed loan, the current applicable market rate for a loan of comparable maturity; and
  • 7 U.S.C. § 950bb(g)(1)(B)
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    (B) have a term of such length, not exceeding 35 years, as the borrower may request, if the Secretary determines that the loan is adequately secured.
  • 7 U.S.C. § 950bb(g)(2)
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    (2) The Secretary shall consider the existing recurring revenues of the entity at the time of application in determining an adequate level of credit support.
  • 7 U.S.C. § 950bb(h)(1)
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    (1) The Secretary shall ensure that the type and amount of, and method of security used to secure, any loan or loan guarantee under this section is commensurate to the risk involved with the loan or loan guarantee, particularly in any case in which the loan or loan guarantee is issued to a financially strong and stable entity, as determined by the Secretary.
  • 7 U.S.C. § 950bb(h)(2)
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    (2) In determining the amount of, and method of security used to secure, a loan or loan guarantee under this section, the Secretary shall consider reducing the security in a rural area that does not have broadband service.
  • 7 U.S.C. § 950bb(i)(1)
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    (1) The Secretary may use the funds appropriated for a grant under this subchapter for the cost (as defined by section 661a of title 2) of providing assistance under paragraph (2).
  • 7 U.S.C. § 950bb(i)(2)
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    (2) When providing a grant under this subchapter, the Secretary, at the sole discretion of the Secretary, may make—
    (A) a subsidized loan, which shall bear a reduced interest rate at such a rate as the Secretary determines appropriate to meet the objectives of the program; or
    (B) a payment assistance loan, which shall—
    (i) require no interest and principal payments while the borrower is—
    (I) in material compliance with the loan agreement; and
    (II) meeting the milestones and objectives of the project agreed to under paragraph (3); and
    (ii) require such nominal periodic payments as the Secretary determines to be appropriate.
  • 7 U.S.C. § 950bb(i)(2)(A)
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    (A) a subsidized loan, which shall bear a reduced interest rate at such a rate as the Secretary determines appropriate to meet the objectives of the program; or
  • 7 U.S.C. § 950bb(i)(2)(B)(ii)
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    (ii) require such nominal periodic payments as the Secretary determines to be appropriate.
  • 7 U.S.C. § 950bb(i)(3)
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    (3) With respect to payment assistance provided under paragraph (2), before entering into the agreement under which the payment assistance will be provided, the applicant and the Secretary shall agree to milestones and objectives of the project.
  • 7 U.S.C. § 950bb(i)(4)
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    (4) The Secretary and the applicant may jointly agree to amend the milestones and objectives agreed to under paragraph (3).
  • 7 U.S.C. § 950bb(i)(5)
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    (5) When deciding to utilize the payment assistance authority under paragraph (2) the Secretary shall consider whether or not the payment assistance will—
    (A) improve the compliance of the grantee with any commitments made through the grant agreement;
    (B) promote the completion of the broadband project;
    (C) protect taxpayer resources; and
    (D) support the integrity of the broadband programs administered by the Secretary.
  • 7 U.S.C. § 950bb(i)(5)(D)
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    (D) support the integrity of the broadband programs administered by the Secretary.
  • 7 U.S.C. § 950bb(i)(6)
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    (6) The Secretary may not make a payment assistance loan under paragraph (2)(B) to an entity receiving a grant under this section that is also the recipient of a loan under subchapter I or II that is associated with such grant.
  • 7 U.S.C. § 950bb(j)(1)
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    (1) There is authorized to be appropriated to the Secretary to carry out this section $350,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.
  • 7 U.S.C. § 950bb(j)(2)(A)
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    (A) From amounts made available for each fiscal year under this subsection, the Secretary shall—
    (i) establish a national reserve for loans and loan guarantees to eligible entities in States under this section; and
    (ii) allocate amounts in the reserve to each State for each fiscal year for loans and loan guarantees to eligible entities in the State.
  • 7 U.S.C. § 950bb(j)(2)(C)
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    (C) Any amounts in the reserve established for a State for a fiscal year under subparagraph (B) that are not obligated by April 1 of the fiscal year shall be available to the Secretary to make loans and loan guarantees under this section to eligible entities in any State, as determined by the Secretary.
  • 7 U.S.C. § 950bb–1(c)
    Go to provision →
    (c) The Secretary shall make grants, loans, and loan guarantees to eligible applicants described in subsection (d) to provide funds for the construction, improvement, or acquisition of middle mile infrastructure to serve rural areas.
  • 7 U.S.C. § 950bb–1(d)(1)(A)(i)
    Go to provision →
    (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require;
  • 7 U.S.C. § 950bb–1(d)(1)(A)(iii)
    Go to provision →
    (iii) submit to the Secretary a plan to ensure the viability of the project by—
    (I) connecting, assisting with connecting, or enabling the connection of retail broadband systems that serve rural areas within the proposed service territory to the middle mile infrastructure project in an affordable and economically competitive manner;
    (II) leasing or selling sufficient capacity prior to project approval; and
    (III) complying with any other requirements imposed by the Secretary.
  • 7 U.S.C. § 950bb–1(d)(1)(A)(iii)(III)
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    (III) complying with any other requirements imposed by the Secretary.
  • 7 U.S.C. § 950bb–1(d)(3)(B)
    Go to provision →
    (B) the Secretary determines that the proposed middle mile network will be capable of supporting retail broadband service meeting the maximum broadband buildout requirement established under section 950bb(e)(4) of this title for the residents within the proposed service territory.
  • 7 U.S.C. § 950bb–1(e)
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    (e) In making grants under this section, the Secretary shall—
    (1) not provide any grant in excess of 20 percent of the total project cost; and
    (2) provide grants only to those projects which serve rural areas where population density or geographic characteristics make it infeasible to construct middle mile broadband systems without grant assistance.
  • 7 U.S.C. § 950bb–1(f)
    Go to provision →
    (f) All loans and loan guarantees provided under this section shall be made subject to such terms, conditions, and adequacy of security requirements as may be imposed by the Secretary. If the middle mile infrastructure would not provide adequate security due to long-term leasing arrangements, the Secretary shall require substitute security in such form and substance as are acceptable to the Secretary.
  • 7 U.S.C. § 950bb–2(a)
    Go to provision →
    (a) 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.
  • 7 U.S.C. § 950bb–2(c)(1)
    Go to provision →
    (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 maximum1 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;
  • 7 U.S.C. § 950bb–2(c)(1)(B)
    Go to provision →
    (B) at such time, in such manner, and containing such other information as the Secretary may require;
  • 7 U.S.C. § 950bb–2(d)
    Go to provision →
    (d) 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).
  • 7 U.S.C. § 950bb–2(d)(3)
    Go to provision →
    (3) the Secretary determines could be replicated in rural areas described in paragraph (2).
  • 7 U.S.C. § 950bb–3(a)(1)
    Go to provision →
    (1) The term “eligible broadband service” means broadband service that has the capability to transmit data at a speed specified by the Secretary, which may not be less than the applicable minimum download and upload speeds established by the Federal Communications Commission in defining the term “advanced telecommunications capability” for purposes of section 1302 of title 47.
  • 7 U.S.C. § 950bb–3(b)
    Go to provision →
    (b) The Secretary shall establish a program, to be known as the “Community Connect Grant Program”, to provide grants to eligible entities to finance broadband transmission in rural areas.
  • 7 U.S.C. § 950bb–3(f)(1)
    Go to provision →
    (1) To be eligible to receive a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
  • 7 U.S.C. § 950bb–4(a)
    Go to provision →
    (a) 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.
  • 7 U.S.C. § 950bb–4(b)
    Go to provision →
    (b) 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.
  • 7 U.S.C. § 950bb–5(a)
    Go to provision →
    (a) 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.
  • 7 U.S.C. § 950bb–5(a)(2)
    Go to provision →
    (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;
  • 7 U.S.C. § 950bb–5(b)
    Go to provision →
    (b) 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.
  • 7 U.S.C. § 950bb–6(a)
    Go to provision →
    (a) The Secretary shall consult with the Assistant Secretary to assist in the verification of eligibility of the broadband loan and grant programs of the Department of Agriculture. In providing assistance under the preceding sentence, the Assistant Secretary shall make available the broadband assessment and mapping capabilities of the National Telecommunications and Information Administration.
  • 7 U.S.C. § 950bb–6(b)(1)
    Go to provision →
    (1) The Secretary shall consult with the Commission before providing broadband assistance for a project to serve an area with respect to which another entity is receiving Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of title 47.
  • 7 U.S.C. § 950bb–6(b)(2)
    Go to provision →
    (2) The Commission shall consult with the Secretary before offering or providing Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of title 47 to serve an area with respect to which another entity has received broadband assistance under a loan or grant program of the Department of Agriculture.
  • 7 U.S.C. § 950bb–6(c)
    Go to provision →
    (c) Not later than 1 year after December 20, 2018, the Secretary, the Commission, and the Assistant Secretary shall submit to the Committee on Agriculture and the Committee on Energy and Commerce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate a report on how best to coordinate federally supported broadband programs and activities in order to achieve the following objectives:
    (1) Promote high-quality broadband service that meets the long-term needs of rural residents and businesses, by evaluating the broadband service needs in rural areas for each decade through 2050.
    (2) Support the long-term viability, sustainability, and utility of federally supported rural broadband infrastructure, by analyzing the technical capabilities of the technologies currently available and reasonably expected to be available by 2035 to meet the broadband service needs of rural residents identified under paragraph (1), including by analyzing the following:
    (A) The real-world performance of such technologies, including data rates, latency, data usage restrictions, and other aspects of service quality, as defined by the Commission.
    (B) The suitability of each such technology for residential, agricultural, educational, healthcare, commercial, and industrial purposes in rural areas.
    (C) The cost to deploy and support such technologies in several rural geographies.
    (D) The costs associated with online platforms, specifically the resulting constraints on rural network bandwidth.
    (3) Identify and quantify the availability of broadband service and ongoing broadband deployment in rural areas, including ways to do the following:
    (A) Harmonize broadband notification and reporting requirements and develop common verification procedures across all federally supported broadband programs.
    (B) Consolidate and utilize the existing broadband service data.
    (C) Collect and share data on those projects in rural areas where Federal programs are currently supporting broadband deployment, including areas with respect to which an entity is receiving—
    (i) support under a broadband assistance program of the Department of Agriculture; or
    (ii) Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of title 47.
    (D) Leverage support technologies and services from online platforms for providers of broadband service in rural areas.
  • 7 U.S.C. § 950bb–6(d)(1)
    Go to provision →
    (1) The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
  • 7 U.S.C. § 950cc(a)
    Go to provision →
    (a) The Secretary shall promptly make available to the public,1 a fully searchable database on the website of the Rural Utilities Service that contains information on all retail broadband projects provided assistance or for which assistance is sought that are administered by the Secretary, including, at a minimum—
    (1) notice of each application for assistance describing the application, including—
    (A) the identity of the applicant;
    (B) a description of each application, including—
    (i) a map of the proposed service area of the applicant; and
    (ii) the amount and type of support requested by each applicant;
    (C) the status of each application; and
    (D) the estimated number and proportion of service points in the proposed service territory without fixed broadband service, whether terrestrial or wireless;
    (2) notice of each entity receiving assistance administered by the Secretary, including—
    (A) the name of the entity;
    (B) the type of assistance being received;
    (C) the purpose for which the entity is receiving the assistance; and
    (D) each annual report submitted under subsection (c) (redacted to protect any proprietary information in the report); and
    (3) such other information as is sufficient to allow the public to understand assistance provided.
  • 7 U.S.C. § 950cc(a)(2)
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    (2) notice of each entity receiving assistance administered by the Secretary, including—
    (A) the name of the entity;
    (B) the type of assistance being received;
    (C) the purpose for which the entity is receiving the assistance; and
    (D) each annual report submitted under subsection (c) (redacted to protect any proprietary information in the report); and
  • 7 U.S.C. § 950cc(b)(1)
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    (1) The Secretary shall, with respect to a retail broadband application for assistance, which is outside an area in which the applicant receives Federal universal service support—
    (A) after giving notice required by subsection (a)(1), afford service providers not less than 45 days to voluntarily submit information required by the Secretary onto the agency’s online mapping tool with respect to areas that are coterminous with the proposed service area of the application (or any parts thereof), such that the Secretary may assess whether the application submitted meets the eligibility requirements under this subchapter; and
    (B) if no broadband service provider submits information under paragraph (1), consider the number of providers in the proposed service area to be established by using any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts.
  • 7 U.S.C. § 950cc(b)(1)(A)
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    (A) after giving notice required by subsection (a)(1), afford service providers not less than 45 days to voluntarily submit information required by the Secretary onto the agency’s online mapping tool with respect to areas that are coterminous with the proposed service area of the application (or any parts thereof), such that the Secretary may assess whether the application submitted meets the eligibility requirements under this subchapter; and
  • 7 U.S.C. § 950cc(b)(1)(B)
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    (B) if no broadband service provider submits information under paragraph (1), consider the number of providers in the proposed service area to be established by using any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts.
  • 7 U.S.C. § 950cc(b)(2)
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    (2) In the case of an application given the highest priority under section 950bb(c)(2)(A)(i) of this title, the Secretary shall confirm that each unserved rural community identified in the application is eligible for funding by—
    (A) conferring with, and obtaining data from, the Chair of the Federal Communications Commission and the Administrator of the National Telecommunications and Information Administration with respect to the service level in the service area proposed in the application;
    (B) reviewing any other source that is relevant to service data validation, as determined by the Secretary; and
    (C) performing site-specific testing to verify the unavailability of any retail broadband service.
  • 7 U.S.C. § 950cc(b)(2)(B)
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    (B) reviewing any other source that is relevant to service data validation, as determined by the Secretary; and
  • 7 U.S.C. § 950cc(b)(3)
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    (3) For purposes of section 552 of title 5, information received by the Secretary pursuant to paragraph (1)(A) of this subsection shall be exempt from disclosure pursuant to subsection (b)(2)(B) of such section 552.
  • 7 U.S.C. § 950cc(c)(1)
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    (1) The Secretary shall require any entity receiving assistance for a project which provides retail broadband service to submit an annual report for 3 years after completion of the project, in a format specified by the Secretary, that describes—
    (A) the use by the entity of the assistance, including new equipment and capacity enhancements that support high-speed broadband access for educational institutions, health care providers, and public safety service providers (including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure); and
    (B) the progress towards fulfilling the objectives for which the assistance was granted, including—
    (i) the number of service points that will receive new broadband service, existing network service improvements, and facility upgrades resulting from the Federal assistance;
    (ii) the speed of broadband service;
    (iii) the average price of the most subscribed tier of broadband service in a proposed service area;
    (iv) new subscribers generated from the project; and
    (v) any metrics the Secretary determines to be appropriate.
  • 7 U.S.C. § 950cc(c)(1)(B)(v)
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    (v) any metrics the Secretary determines to be appropriate.
  • 7 U.S.C. § 950cc(c)(2)(A)
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    (A) As a condition of receiving assistance under section 950bb of this title, a recipient of assistance shall provide to the Secretary complete, reliable, and precise geolocation information that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee not later than 30 days after the earlier of—
    (i) the date of completion of any project milestone established by the Secretary; or
    (ii) the date of completion of the project.
  • 7 U.S.C. § 950cc(c)(2)(A)(i)
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    (i) the date of completion of any project milestone established by the Secretary; or
  • 7 U.S.C. § 950cc(c)(2)(B)
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    (B) The Secretary shall require any entity receiving assistance under section 950bb–1 of this title to submit a semiannual report for 5 years after completion of the project, in a format specified by the Secretary, that describes—
    (i) the use by the entity of the assistance to construct, improve, or acquire middle mile infrastructure;
    (ii) the progress towards meeting the end-user connection plan submitted under section 950bb–1(d)(1)(A)(iii) of this title; and
    (iii) any additional metrics the Secretary determines to be appropriate.
  • 7 U.S.C. § 950cc(c)(2)(B)(iii)
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    (iii) any additional metrics the Secretary determines to be appropriate.
  • 7 U.S.C. § 950cc(c)(2)(C)
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    (C) The Secretary may require any additional reporting and information by any recipient of any broadband assistance under this chapter so as to ensure compliance with this section.
  • 7 U.S.C. § 950cc(d)
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    (d) Each year, the Secretary shall submit to the Congress a report that describes the extent of participation in the broadband assistance programs administered by the Secretary for the preceding fiscal year, including a description of—
    (1) the number of applications received and accepted, including any special loan terms or conditions for which the Secretary provided additional assistance to unserved areas;
    (A) the communities proposed to be served in each application submitted for the fiscal year; and
    (B) the communities served by projects funded by broadband assistance programs;
    (3) the period of time required to approve each loan application under broadband programs;
    (4) any outreach activities carried out by the Secretary to encourage entities in rural areas without broadband service to submit applications under this chapter;
    (5) the method by which the Secretary determines that a service enables a subscriber to originate and receive high-quality voice, data, graphics, and video for purposes of providing broadband service under this chapter;
    (6) each broadband service, including the type and speed of broadband service, for which assistance was sought, and each broadband service for which assistance was provided, under this chapter; and
    (7) the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access, as demonstrated by metrics, including—
    (A) the number of residences and businesses receiving new broadband services;
    (B) network improvements, including facility upgrades and equipment purchases;
    (C) average broadband speeds and prices on a local and statewide basis;
    (D) any changes in broadband adoption rates; and
    (E) any specific activities that increased high speed broadband access for educational institutions, health care providers, and public safety service providers.
  • 7 U.S.C. § 950cc(d)(1)
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    (1) the number of applications received and accepted, including any special loan terms or conditions for which the Secretary provided additional assistance to unserved areas;
  • 7 U.S.C. § 950cc(d)(4)
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    (4) any outreach activities carried out by the Secretary to encourage entities in rural areas without broadband service to submit applications under this chapter;
  • 7 U.S.C. § 950cc(d)(5)
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    (5) the method by which the Secretary determines that a service enables a subscriber to originate and receive high-quality voice, data, graphics, and video for purposes of providing broadband service under this chapter;
  • 7 U.S.C. § 950cc–1
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    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.
  • 7 U.S.C. § 950cc–2
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    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.