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Title 7 — Agriculture

Chapter 31 — Rural Electrification and Telephone Service

§ 902. General authority of Secretary of Agriculture

Statutory text

(a)

Loans

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.

(b)

Investigations and reports

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.

(c)

Technical assistance

Not later than 180 days after , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 74–432 · 49 Stat. 513

    Enacted · 7 U.S.C. § 902

    May 20, 1936, ch. 432, title I, § 2, 49 Stat. 1363

    Source evidence

    Code source credit
    May 20, 1936, ch. 432, title I, § 2, 49 Stat. 1363

  2. Pub. L. 103–129 § 2(c)(1) · 107 Stat. 1356

    1. Amended · 7 U.S.C. § 902

      Pub. L. 103–129 designated existing provisions as subsec. (a)

    2. Substituted · 7 U.S.C. § 902

      Pub. L. 103–129 substituted “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 conservation programs, and on-grid and off-grid renewable energy systems;” for “telephone service in rural areas, as hereinafter provided;”

    3. Added · 7 U.S.C. § 902

      Pub. L. 103–129 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 103–129 designated existing provisions as subsec. (a), substituted “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 conservation programs, and on-grid and off-grid renewable energy systems;” for “telephone service in rural areas, as hereinafter provided;”, and added subsec. (b).

    Enacted provision · exact public law section
    (C) by inserting after subsection (b) (as so redesignated) the following new subsections:

  3. Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 235(a)(2) · 108 Stat. 3178

    1. Substituted · 7 U.S.C. § 902

      Pub. L. 103–354 substituted “Secretary of Agriculture” for “Administrator” in two places in subsec. (b)

    2. Substituted · 7 U.S.C. § 902

      Pub. L. 103–354 substituted “Secretary” for “Administrator” in two places in subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 103–354 substituted “Secretary of Agriculture” for “Administrator” in subsec. (a) and “Secretary” for “Administrator” in two places in subsec. (b).

    Enacted provision · exact public law section
    (2) in section 2(a) (7 U.S.C. 902(a)), by striking “Administrator” and inserting “Secretary of Agriculture”;

  4. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 771(1) · 110 Stat. 888

    Inserted · 7 U.S.C. § 902

    Pub. L. 104–127, § 771(1), inserted section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–127, § 771(1), inserted section catchline.

    Enacted provision · exact public law section
    (1) by striking “Sec. 2. (a) The Secretary of Agriculture is” and inserting the following: “SEC. 2. GENERAL AUTHORITY OF THE SECRETARY OF AGRICULTURE. “(a) Loans.— The Secretary of Agriculture (referred to in this Act as the ‘Secretary’) is”;

  5. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 771(1) · 110 Stat. 888

    1. Inserted · 7 U.S.C. § 902(a)

      Pub. L. 104–127, § 771(1), (2), inserted heading

    2. Substituted · 7 U.S.C. § 902(a)

      Pub. L. 104–127, § 771(1), (2), substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’) is” for “The Secretary of Agriculture is”

    3. Struck · 7 U.S.C. § 902(a)

      Pub. L. 104–127, § 771(1), (2), struck out “and the furnishing of electric energy to persons in rural areas who are not receiving central station service” after “rural electrification”

    4. Substituted · 7 U.S.C. § 902(a)

      Pub. L. 104–127, § 771(1), (2), substituted “systems.” for “systems; to make, or cause to be made, studies, investigations, and reports concerning the condition and progress of the electrification of and the furnishing of adequate telephone service in rural areas in the several States and Territories; and to publish and disseminate information with respect thereto.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–127, § 771(1), (2), inserted heading, substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’) is” for “The Secretary of Agriculture is”, struck out “and the furnishing of electric energy to persons in rural areas who are not receiving central station service” after “rural electrification”, and substituted “systems.” for “systems; to make, or cause to be made, studies, investigations, and reports concerning the condition and progress of the electrification of and the furnishing of adequate telephone service in rural areas in the several States and Territories; and to publish and disseminate information with respect thereto.”

    Enacted provision · exact public law section
    (1) by striking “Sec. 2. (a) The Secretary of Agriculture is” and inserting the following: “SEC. 2. GENERAL AUTHORITY OF THE SECRETARY OF AGRICULTURE. “(a) Loans.— The Secretary of Agriculture (referred to in this Act as the ‘Secretary’) is”;

  6. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 771(3) · 110 Stat. 888

    1. Added · 7 U.S.C. § 902(b)

      Pub. L. 104–127, § 771(3), added subsec. (b)

    2. Struck · 7 U.S.C. § 902(b)

      Pub. L. 104–127, § 771(3), struck out former subsec. (b) which read as follows: “By January 1, 1994, the Secretary shall issue interim regulations to implement the authority contained in subsection (a) of this section to make loans for the purpose of assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems. If the regulations are not issued by January 1, 1994, the Secretary shall consider any demand side management, energy conservation, or renewable energy program, system, or activity that is approved by a State agency to be eligible for the loans.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–127, § 771(3), added subsec. (b) and struck out former subsec. (b) which read as follows: “By January 1, 1994, the Secretary shall issue interim regulations to implement the authority contained in subsection (a) of this section to make loans for the purpose of assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems. If the regulations are not issued by January 1, 1994, the Secretary shall consider any demand side management, energy conservation, or renewable energy program, system, or activity that is approved by a State agency to be eligible for the loans.”

    Enacted provision · exact public law section
    (3) by striking subsection (b) and inserting the following: “(b) Investigations and Reports.— 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. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 6101 · 122 Stat. 1651

    Inserted · 7 U.S.C. § 902(a)

    Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation”.

    Enacted provision · exact public law section
    SEC. 6101. ENERGY EFFICIENCY PROGRAMS.   Sections 2(a) and 4 of the Rural Electrification Act of 1936 (7 U.S.C. 902(a), 904) are amended by inserting “efficiency and” before “conservation” each place it appears.

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

  8. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 6501(a) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 902(a)

    Pub. L. 115–334, § 6501(a), substituted “loans, or refinance loans made by the Secretary under this chapter, in” for “loans in”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–334, § 6501(a), substituted “loans, or refinance loans made by the Secretary under this chapter, in” for “loans in”.

    Enacted provision · exact public law section
    (a) Electric Loan Refinancing.— Section 2(a) of the Rural Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking “loans in” and inserting “loans, or refinance loans made by the Secretary under this Act, in”.

  9. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 6501(b) · 132 Stat. 4490

    Added · 7 U.S.C. § 902(c)

    Pub. L. 115–334, § 6501(b), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–334, § 6501(b), added subsec. (c).

    Enacted provision · exact public law section
    (b) Technical Assistance for Rural Electrification Loans.— Section 2 of such Act (7 U.S.C. 902) is amended by adding at the end the following: “(c) Technical Assistance.— Not later than 180 days after the date of enactment of this subsection, 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 4(a).” .

  10. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020

    Pub. L. 116–94 div. B title VII § 765 · 133 Stat. 2534

    Substituted · 7 U.S.C. § 902(a)

    Pub. L. 116–94 substituted “made or guaranteed by the Secretary” for “made by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–94 substituted “made or guaranteed by the Secretary” for “made by the Secretary”.

    Enacted provision · exact public law section
    Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7 U.S.C. 902) is amended in subsection (a) by striking “made by the Secretary” and inserting “made or guaranteed by the Secretary”.

16 of 17 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments1949–2019 · 7 rounds

2019

Subsec. (a). Pub. L. 116–94 substituted “made or guaranteed by the Secretary” for “made by the Secretary”.

2018

Subsec. (a). Pub. L. 115–334, § 6501(a), substituted “loans, or refinance loans made by the Secretary under this chapter, in” for “loans in”.

Subsec. (c). Pub. L. 115–334, § 6501(b), added subsec. (c).

2008

Subsec. (a). Pub. L. 110–246, § 6101, inserted “efficiency and” before “conservation”.

1996

Pub. L. 104–127, § 771(1), inserted section catchline.

Subsec. (a). Pub. L. 104–127, § 771(1), (2), inserted heading, substituted “The Secretary of Agriculture (referred to in this chapter as the ‘Secretary’) is” for “The Secretary of Agriculture is”, struck out “and the furnishing of electric energy to persons in rural areas who are not receiving central station service” after “rural electrification”, and substituted “systems.” for “systems; to make, or cause to be made, studies, investigations, and reports concerning the condition and progress of the electrification of and the furnishing of adequate telephone service in rural areas in the several States and Territories; and to publish and disseminate information with respect thereto.”

Subsec. (b). Pub. L. 104–127, § 771(3), added subsec. (b) and struck out former subsec. (b) which read as follows: “By , the Secretary shall issue interim regulations to implement the authority contained in subsection (a) of this section to make loans for the purpose of assisting electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems. If the regulations are not issued by , the Secretary shall consider any demand side management, energy conservation, or renewable energy program, system, or activity that is approved by a State agency to be eligible for the loans.”

1994

Pub. L. 103–354 substituted “Secretary of Agriculture” for “Administrator” in subsec. (a) and “Secretary” for “Administrator” in two places in subsec. (b).

1993

Pub. L. 103–129 designated existing provisions as subsec. (a), substituted “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 conservation programs, and on-grid and off-grid renewable energy systems;” for “telephone service in rural areas, as hereinafter provided;”, and added subsec. (b).

1949

Act , authorized loans to furnish and improve rural telephone service; and inserted “title I,” in credit of act .

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Credits

1936–2019 · 9 acts
  1. 1936May 20, 1936, ch. 432, title I, § 2, 49 Stat. 1363
  2. 1949Oct. 28, 1949, ch. 776, §§ 2, 3, 63 Stat. 948
  3. 1993Pub. L. 103–129, § 2(c)(1), , 107 Stat. 1363
  4. 1994Pub. L. 103–354, title II, § 235(a)(2), (13), , 108 Stat. 3220, 3221
  5. 1996Pub. L. 104–127, title VII, § 771, , 110 Stat. 1149
  6. 2008Pub. L. 110–234, title VI, § 6101, , 122 Stat. 1195
  7. 2008Pub. L. 110–246, § 4(a), title VI, § 6101, , 122 Stat. 1664, 1956
  8. 2018Pub. L. 115–334, title VI, § 6501, , 132 Stat. 4771
  9. 2019Pub. L. 116–94, div. B, title VII, § 765, , 133 Stat. 2655.
Show as published

(May 20, 1936, ch. 432, title I, § 2, 49 Stat. 1363; Oct. 28, 1949, ch. 776, §§ 2, 3, 63 Stat. 948; Pub. L. 103–129, § 2(c)(1), , 107 Stat. 1363; Pub. L. 103–354, title II, § 235(a)(2), (13), , 108 Stat. 3220, 3221; Pub. L. 104–127, title VII, § 771, , 110 Stat. 1149; Pub. L. 110–234, title VI, § 6101, , 122 Stat. 1195; Pub. L. 110–246, § 4(a), title VI, § 6101, , 122 Stat. 1664, 1956; Pub. L. 115–334, title VI, § 6501, , 132 Stat. 4771; Pub. L. 116–94, div. B, title VII, § 765, , 133 Stat. 2655.)

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