7 U.S.C. § 902 — General authority of Secretary of Agri-

Page 519 TITLE 7—AGRICULTURE § 902 Electrification Administration Technical Amendments Act of 1976’.’’ REGULATIONS Pub. L. 103–129, § 6, Nov. 1, 1993, 107 Stat. 1367, pro- vided that: ‘‘Except as provided in section 2(b) of the Rural Electrification Act of 1936 [7 U.S.C. 902(b)] and section 370 of the Consolidated Farm and Rural Devel- opment Act [7 U.S.C. 2008e], as added by sections 2(c)(1)(C) and 5 of this Act, not later than 45 days after the date of enactment of this Act [Nov. 1, 1993], interim final regulations shall be issued by— ‘‘(1) the Administrator of the Rural Electrification Administration to carry out the amendments made by this Act [see Short Title of 1993 Amendment note above] to programs administered by the Adminis- trator; ‘‘(2) the Administrator of the Rural Development Administration to carry out the amendments made by this Act to programs administered by the Admin- istrator; and ‘‘(3) the Secretary of Agriculture to carry out the amendments made by this Act to programs adminis- tered by the Farmers Home Administration.’’ FINDINGS; STATEMENT OF POLICY Pub. L. 101–624, title XXIII, § 2352, Nov. 28, 1990, 104 Stat. 4038, as amended by Pub. L. 115–334, title VI, § 6602(b)(12), Dec. 20, 2018, 132 Stat. 4777, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) making modern telecommunications tech- nology and services available in rural areas in the United States promotes economic development and improves the quality of life in rural areas; and ‘‘(2) the efficient operation of the Rural Telephone Bank and the Rural Electrification Administration telephone loan programs is essential to the continued development of the telecommunications infrastruc- ture in rural areas in the United States. ‘‘(b) STATEMENT OF POLICY.—It is the policy of the Congress that the Rural Electrification Administration make loans that facilitate the development and en- hancement of the rural telecommunications infrastruc- ture in order to make modern telecommunications technology and services available at reasonable rates to the greatest practicable number of people in rural areas in the United States.’’ [Title IV of the Rural Electrification Act of 1936 (former 7 U.S.C. 941–950b), which established the Rural Telephone Bank, was repealed by Pub. L. 115–334, title VI, § 6602(a), Dec. 20, 2018, 132 Stat. 4776.] Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Rural Electrification Administration and its func- tions and activities transferred to Department of Agri- culture, to be administered therein by Administrator under general direction and supervision of Secretary of Agriculture, by 1939 Reorg. Plan No. II, set out in the Appendix to Title 5, Government Organization and Em- ployees. See also sections 401 to 404 of that plan for pro- visions relating to transfer of functions, records, prop- erty, personnel, and funds. § 902. General authority of Secretary of Agri- culture (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 elec- trification 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 ef- ficiency 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 pub- lish and disseminate information with respect to the matters. (c) Technical assistance Not later than 180 days after December 20, 2018, the Secretary shall enter into a memo- randum 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 sub- section (a) of this section and section 904(a) of this title. (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), Nov. 1, 1993, 107 Stat. 1363; Pub. L. 103–354, title II, § 235(a)(2), (13), Oct. 13, 1994, 108 Stat. 3220, 3221; Pub. L. 104–127, title VII, § 771, Apr. 4, 1996, 110 Stat. 1149; Pub. L. 110–234, title VI, § 6101, May 22, 2008, 122 Stat. 1195; Pub. L. 110–246, § 4(a), title VI, § 6101, June 18, 2008, 122 Stat. 1664, 1956; Pub. L. 115–334, title VI, § 6501, Dec. 20, 2018, 132 Stat. 4771; Pub. L. 116–94, div. B, title VII, § 765, Dec. 20, 2019, 133 Stat. 2655.) 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. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–94 substituted ‘‘made or guaranteed by the Secretary’’ for ‘‘made by the Sec- retary’’. 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 ‘‘effi- ciency and’’ before ‘‘conservation’’. 1996—Pub. L. 104–127, § 771(1), inserted section catch- line. Subsec. (a). Pub. L. 104–127, § 771(1), (2), inserted head- ing, substituted ‘‘The Secretary of Agriculture (re- ferred to in this chapter as the ‘Secretary’) is’’ for ‘‘The Secretary of Agriculture is’’, struck out ‘‘and the fur- nishing of electric energy to persons in rural areas who are not receiving central station service’’ after ‘‘rural electrification’’, and substituted ‘‘systems.’’ for ‘‘sys- tems; to make, or cause to be made, studies, investiga- tions, 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.’’ Page 520 TITLE 7—AGRICULTURE § 903 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 pur- pose of assisting electric borrowers to implement de- mand 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, sys- tem, or activity that is approved by a State agency to be eligible for the loans.’’ 1994—Pub. L. 103–354 substituted ‘‘Secretary of Agri- culture’’ for ‘‘Administrator’’ in subsec. (a) and ‘‘Sec- retary’’ 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 pro- grams, and on-grid and off-grid renewable energy sys- tems;’’ for ‘‘telephone service in rural areas, as herein- after provided;’’, and added subsec. (b). 1949—Act Oct. 28, 1949, authorized loans to furnish and improve rural telephone service; and inserted ‘‘title I,’’ in credit of act May 20, 1936. 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 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. § 903. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this chapter. (May 20, 1936, ch. 432, title I, § 3, 49 Stat. 1364; June 21, 1938, ch. 554, title IV, § 401, 52 Stat. 818; Sept. 21, 1944, ch. 412, title V, §§ 501, 503, 504, 58 Stat. 739, 740; July 30, 1947, ch. 356, title I, § 1, 61 Stat. 546; Oct. 28, 1949, ch. 776, §§ 2, 4(a)–(d), 63 Stat. 948; June 15, 1955, ch. 139, § 1, 69 Stat. 131; Pub. L. 92–12, § 3(a), May 7, 1971, 85 Stat. 37; Pub. L. 93–32, § 3, May 11, 1973, 87 Stat. 70; Pub. L. 103–354, title II, § 235(a)(3), (13), Oct. 13, 1994, 108 Stat. 3220, 3221; Pub. L. 104–127, title VII, § 772(a), Apr. 4, 1996, 110 Stat. 1149.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 amended section generally, in- serting section catchline and substituting current pro- visions for provisions relating to funds of Secretary, in- cluding provisions for loans by Secretary of the Treas- ury, authorization of appropriations, allotment of funds for loans in States, loans of unallotted funds, and unexpended funds and limitation on use. 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator, upon the request and approval of the Sec- retary of Agriculture,’’ and for ‘‘Administrator ap- pointed pursuant to the provisions of this chapter or from the Administrator of the Rural Electrification Administration established by Executive Order Num- bered 7037’’ in first sentence of subsec. (a) and sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 1973—Subsec. (f). Pub. L. 93–32 struck out subsec. (f) which made provision for the disposition of payments on loans that had been made by the Administrator. 1971—Subsec. (f). Pub. L. 92–12 inserted introductory text ‘‘Except as otherwise provided in sections 931 and 946(a) of this title’’. 1955—Subsec. (c). Act June 15, 1955, reduced the funds which may be allotted for loans from fifty to twenty- five per centum of the available or appropriated sum, and inserted two provisos. Subsec. (d). Act June 15, 1955, substituted ‘‘75 per cen- tum’’ for ‘‘50 per centum’’, and ‘‘25 per centum’’ for ‘‘10 per centum’’. Subsec. (e). Act June 15, 1955, substituted ‘‘25 per cen- tum’’ for ‘‘10 per centum’’. 1949—Act Oct. 28, 1949, § 2, inserted ‘‘title I,’’ in credit of act May 20, 1936. Subsec. (a). Act Oct. 28, 1949, § 4(a), authorized loans for financing facilities to render telephone service. Subsec. (c). Act Oct. 28, 1949, § 4(b), substituted ‘‘for loans for rural electrification pursuant to sections 904 and 905 of this title’’ for ‘‘for the purposes of this chap- ter’’. Subsec. (d). Act Oct. 28, 1949, § 4(c), inserted ‘‘rural electrification’’ after ‘‘available for’’. Subsec. (e). Act Oct. 28, 1949, § 4(d), inserted ‘‘for rural electrification loans’’ after ‘‘sums’’ in proviso. 1947—Subsec. (a). Act July 30, 1947, amended subsec. (a) generally, and among other things transferred from the Reconstruction Finance Corporation to the Sec- retary of the Treasury the power to make loans. Subsec. (f). Act July 30, 1947, substituted Secretary of the Treasury for Reconstruction Finance Corporation. 1944—Subsec. (a). Act Sept. 21, 1944, struck out ‘‘The Reconstruction Finance Corporation is hereby author- ized and directed to make loans to the Administrator, upon his request approved by the President, not exceed- ing in aggregate amounts $50,000,000 for the fiscal year ending June 30, 1937, and $100,000,000 for the fiscal year ending June 30, 1939, with interest at 3 per centum per annum’’ and inserted in lieu thereof ‘‘The Reconstruc- tion Finance Corporation is hereby authorized and di- rected to make loans to the Administrator, upon the request and approval of the Secretary of Agriculture, in such amounts in the aggregate for each fiscal year commencing with the fiscal year ending June 30, 1945, as the Congress may from time to time determine to be necessary, with interest at a rate of 13⁄4 per centum per annum’’, changed colon to period following ‘‘numbered 70037’’, inserted ‘‘Interest rates on the unpaid balance of any loans made by the Reconstruction Finance Cor- poration to the Administrator prior to the effective date of this amendment shall be adjusted to a rate of 13⁄4 per centum per annum’’, inserted sentence ‘‘The amount of the notes, bonds, debentures, and other such obligations which the Reconstruction Finance Corpora- tion is authorized and empowered to issue and to have outstanding at any one time under existing law is here- by increased by an amount sufficient to carry out the provisions hereof’’, and substituted ‘‘thirty-five years’’ for ‘‘twenty-five years’’ in second proviso. Subsec. (b). Act Sept. 21, 1944, struck out subsec. (b) limiting amount of appropriation and renewal of appro- priations to eight years after June 30, 1938, and inserted a new subsec. (b). Subsec. (e). Act Sept. 21, 1944, struck out ‘‘and pro- vided further, that no loans shall be made by the Re- construction Finance Corporation to the Administrator after June 30, 1939’’, and changed colon to period after ‘‘territories’’. 1938—Subsecs. (a), (e). Act June 21, 1938, inserted ‘‘and $100,000,000 for the fiscal year ending June 30, 1939’’ after ‘‘June 30, 1937,’’ in subsec. (a), and substituted ‘‘June 30, 1939’’ for ‘‘June 30, 1937’’ in subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–32 effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as an Effective Date note under section 930 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–12 effective May 7, 1971, see section 7 of Pub. L. 92–12, set out as an Effective Date note under section 931 of this title.