7 U.S.C. § 916 — Criteria for loans

Page 526 TITLE 7—AGRICULTURE § 914 1 See References in Text note below. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Pub. L. 110–246, § 6104, amended section gen- erally. Prior to amendment, text read as follows: ‘‘As used in this chapter the term ‘rural area’, except as provided in section 924(b) of this title, shall be deemed to mean any area of the United States not included within the boundaries of any urban area, as defined by the Bureau of the Census, and such term shall be deemed to include both the farm and nonfarm popu- lation thereof; the term ‘farm’ shall be deemed to mean a farm as defined in the publications of the Bureau of the Census; the term ‘person’ shall be deemed to mean any natural person, firm, corporation, or association; the term ‘Territory’ shall be deemed to include any in- sular possession of the United States; and the term ‘Secretary’ shall be deemed to mean the Secretary of Agriculture.’’ 1994—Pub. L. 103–354 inserted before period at end ‘‘; and the term ‘Secretary’ shall be deemed to mean the Secretary of Agriculture’’. 1993—Pub. L. 103–129 inserted ‘‘, except as provided in section 924(b) of this title,’’ before ‘‘shall be deemed to mean’’ and substituted ‘‘urban area, as defined by the Bureau of the Census’’ for ‘‘city, village, or borough having a population in excess of fifteen hundred inhab- itants,’’. 1949—Act Oct. 28, 1949, 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. § 914. Separability If any provision of this chapter, or the applica- tion thereof to any person or circumstances, is held invalid, the remainder of the chapter and the application of such provision to other per- sons or circumstances shall not be affected thereby. (May 20, 1936, ch. 432, title I, § 14, 49 Stat. 1367; Oct. 28, 1949, ch. 776, § 2, 63 Stat. 948.) Editorial Notes AMENDMENTS 1949—Act Oct. 28, 1949, inserted ‘‘title I,’’ in credit of act May 20, 1936. § 915. Purchase of financial and credit reports 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 provi- sion is made therefor in the applicable appro- priation and the cost thereof is not in excess of limitations prescribed therein. (Sept. 21, 1944, ch. 412, title V, § 505, 58 Stat. 740; Pub. L. 103–354, title II, § 235(b)(2), Oct. 13, 1994, 108 Stat. 3221.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Ag- riculture Organic Act of 1944, and not as part of the Rural Electrification Act of 1936 which constitutes this chapter. AMENDMENTS 1994—Pub. L. 103–354 substituted ‘‘Secretary of Agri- culture’’ for ‘‘Rural Electrification Administration’’ and ‘‘the Secretary’s’’ for ‘‘its’’. § 916. Criteria for loans In order to insure coordination of electric gen- eration 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. (May 20, 1936, ch. 432, title I, § 16, as added Pub. L. 95–91, title VII, § 709(f), Aug. 4, 1977, 91 Stat. 608; amended Pub. L. 103–354, title II, § 235(a)(13), Oct. 13, 1994, 108 Stat. 3221.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ before ‘‘in making’’. § 917. Prohibition on restricting water and waste facility services to electric customers (a) Prohibition Assistance under any rural development pro- gram 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, sup- plier, or cooperative. (b) Ensuring compliance 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 sub- section (a). (c) ‘‘Rural development programs’’ defined In this section, the term ‘‘rural development program’’ means the following: (1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375 1 and subtitle E [7 U.S.C. 2009 et seq.] of the Consolidated Farm and Rural Develop- ment Act (7 U.S.C. 1924(b), 1926, 1926a, 1926c, 1926d, and 1932). (2) Subtitle G 1 of title XVI and sections 2281 [42 U.S.C. 5177a], 2333, and 2381 [7 U.S.C. 950aaa–2, 3125b] of the Food, Agriculture, Con- servation, and Trade Act of 1990. (3) Subtitle C of title IX of the Food, Agri- culture, Conservation, and Trade Act Amend- ments of 1991 (Public Law 102–237; 7 U.S.C. 5930 note). (4) Section 1323(b) of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 1932 note). (5) Title V [7 U.S.C. 2661 et seq.] and section 603(c) [7 U.S.C. 2204a] of the Rural Develop- ment Act of 1972.