7 U.S.C. § 906a — Use of funds outside the United States or

Page 522 TITLE 7—AGRICULTURE § 905 Pub. L. 110–246, § 6101, inserted ‘‘efficiency and’’ before ‘‘conservation’’ in first sentence. 1996—Pub. L. 104–127, in first sentence, struck out ‘‘for the furnishing of electric energy to persons in rural areas who are not receiving central station serv- ice and’’ after ‘‘transmission and distribution lines or systems’’ and substituted ‘‘section 903 of this title,’’ for ‘‘the provisions of sections 903(d) and 903(e) of this title but without regard to the 25 per centum limitation therein contained,’’, in second sentence, substituted ‘‘, except that’’ for ‘‘: Provided, further, That all such loans shall be self-liquidating within a period of not to exceed thirty-five years, and shall bear interest at the rate of 2 per centum per annum; interest rates on the unmatured and unpaid balance of any loans made pur- suant to this section prior to September 21, 1944, shall be adjusted to 2 per centum per annum, and the matu- rity date of any such loans may be readjusted to occur at a date not beyond thirty-five years from the date of such loan: And provided further, That’’, and in third sen- tence, struck out ‘‘and section 905 of this title’’ before ‘‘shall not be made’’. 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. 1993—Pub. L. 103–129 inserted ‘‘and for the furnishing and improving of electric service to persons in rural areas, including by assisting electric borrowers to im- plement demand side management, energy conserva- tion programs, and on-grid and off-grid renewable en- ergy systems’’ after ‘‘central station service’’. 1955—Act June 15, 1955, substituted ‘‘25 per centum’’ for ‘‘10 per centum’’. 1949—Act Oct. 28, 1949, inserted ‘‘for rural electrifica- tion’’ after ‘‘to make loans’’ in first sentence, and in- serted ‘‘title I,’’ in credit of act May 20, 1936. 1948—Act June 29, 1948, permitted certain municipali- ties to refinance with R.E.A. their indebtedness with T.V.A. 1944—Act Dec. 23, 1944, inserted provision authorizing loans to cooperative associations to enable them to dis- charge or refinance debts owed to the Tennessee Valley Authority. Act Sept. 21, 1944, extended limit of self-liquidating period from 25 to 35 years and changing the rate of in- terest. 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. § 905. Fees for certain loan guarantees (a) In general 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. (b) Fee The fee described in subsection (a) for a loan guarantee shall be equal to the costs of the loan guarantee (within the meaning of section 661a(5)(C) of title 2). (c) Limitation Funds received from a borrower to pay the fee described in this section shall not be derived from a loan or other debt obligation that is made or guaranteed by the Federal Government. (May 20, 1936, ch. 432, title I, § 5, as added Pub. L. 113–79, title VI, § 6101, Feb. 7, 2014, 128 Stat. 850.) Editorial Notes PRIOR PROVISIONS A prior section 905, acts May 20, 1936, ch. 432, title I, § 5, 49 Stat. 1365; Sept. 21, 1944, ch. 412, title V, § 502(b), 58 Stat. 739; Oct. 28, 1949, ch. 776, § 2, 63 Stat. 948; Oct. 13, 1994, Pub. L. 103–354, title II, § 235(a)(13), 108 Stat. 3221, related to loans for electrical and plumbing equip- ment and persons eligible for such loans, prior to repeal by Pub. L. 104–127, title VII, § 774(a), Apr. 4, 1996, 110 Stat. 1150. § 906. Funding for administrative expenses For the purpose of administering this chapter and for the purpose of making the studies, inves- tigations, publications, and reports herein pro- vided for, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as shall be necessary. (May 20, 1936, ch. 432, title I, § 6, 49 Stat. 1365; Oct. 28, 1949, ch. 776, § 2, 63 Stat. 948; Pub. L. 94–124, § 3, Nov. 4, 1975, 89 Stat. 677; Pub. L. 103–437, § 4(a)(3), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104–127, title VII, § 775, Apr. 4, 1996, 110 Stat. 1150.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 struck out at end ‘‘On or before February 15, of each calendar year beginning with cal- endar year 1976, or such other date as may be specified by the appropriate committee, the Secretary of Agri- culture shall testify before the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry and provide justification in de- tail of the amount requested in the budget to be appro- priated for the next fiscal year for the purpose of ad- ministering this chapter and for the purpose of making the studies, investigations, publications, and reports herein authorized.’’ 1994—Pub. L. 103–437 substituted ‘‘Committee on Agri- culture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’. 1975—Pub. L. 94–124 inserted requirement that the Secretary of Agriculture testify before the House Com- mittee on Agriculture and the Senate Committee on Agriculture and Forestry each calendar year on or be- fore February 15th or other date specified by the Com- mittees to provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year. 1949—Act Oct. 28, 1949, inserted ‘‘title I,’’ in credit of act May 20, 1936. § 906a. Use of funds outside the United States or its territories prohibited No funds provided under the Rural Electrifica- tion Act of 1936, as amended [7 U.S.C. 901 et seq.], shall be used outside the United States or any of its territories. (Pub. L. 93–32, § 10, May 11, 1973, 87 Stat. 71.) Editorial Notes REFERENCES IN TEXT The Rural Electrification Act of 1936, referred to in text, is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see section 901 of this title and Tables. CODIFICATION Section was not enacted as part of the Rural Elec- trification Act of 1936 which comprises this chapter. Page 523 TITLE 7—AGRICULTURE § 911 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 11, 1973, see section 12 of Pub. L. 93–32, set out as a note under section 930 of this title. § 907. Acquisition of property pledged for loans; disposition; sale of pledged property by bor- rower 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 deter- mine to be reasonable. No borrower of funds under sections 904 or 922 of this title shall, without the approval of the Secretary, sell or dispose of its property, rights, or franchises, acquired under the provisions of this chapter, until any loan obtained from the Rural Electrification Administration, including all interest and charges, shall have been repaid. (May 20, 1936, ch. 432, title I, § 7, 49 Stat. 1365; Oct. 28, 1949, ch. 776, §§ 2, 4(f), 63 Stat. 948; 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’’ wherever appearing. 1949—Act Oct. 28, 1949, inserted ‘‘or section 922’’ after ‘‘904’’ in second par., and inserted ‘‘title I,’’ in credit of act May 20, 1936. § 908. Limitations on use of assistance (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 sub- chapter to set aside not more than 10 percent of the amount so received to provide retail broadband service. (b) A recipient who sets aside funds under sub- section (a) of this section may use the funds only in an area that is not being provided with the minimum acceptable level of broadband service established under section 950bb(e) of this title, unless the recipient meets the require- ments of section 950bb(d) of this title. (c) Nothing in this section shall be construed to limit the ability of any borrower to finance or deploy services authorized under this chapter. (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). (May 20, 1936, ch. 432, title I, § 8, as added Pub. L. 115–334, title VI, § 6210(b), Dec. 20, 2018, 132 Stat. 4744.) Editorial Notes PRIOR PROVISIONS A prior section 908, acts May 20, 1936, ch. 432, title I, § 8, 49 Stat. 1366; Oct. 28, 1949, ch. 776, § 2, 63 Stat. 948; Oct. 13, 1994, Pub. L. 103–354, title II, § 235(a)(4), 108 Stat. 3221, related to transfer of functions of Rural Elec- trification Administration created by Executive Order No. 7037, prior to repeal by Pub. L. 104–127, title VII, § 776, Apr. 4, 1996, 110 Stat. 1150. § 909. Administration on nonpolitical basis; dis- missal of officers or employees for violating provision 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 appoint- ments and promotions shall be given and made on the basis of merit and efficiency. If the Sec- retary herein provided for is found by the Presi- dent of the United States to be guilty of a viola- tion of this section, he shall be removed from of- fice by the President, and any appointee or se- lection of officials or employees made by the Secretary who is found guilty of a violation of this chapter shall be removed by the Secretary. (May 20, 1936, ch. 432, title I, § 9, 49 Stat. 1366; Oct. 28, 1949, ch. 776, § 2, 63 Stat. 948; 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’’ wherever appearing. 1949—Act Oct. 28, 1949, inserted ‘‘title I,’’ in credit of act May 20, 1936. § 910. Repealed. Pub. L. 104–127, title VII, § 777, Apr. 4, 1996, 110 Stat. 1150 Section, acts May 20, 1936, ch. 432, title I, § 10, 49 Stat. 1366; Oct. 28, 1949, ch. 776, § 2, 63 Stat. 948; Apr. 21, 1976, Pub. L. 94–273, § 11(1), 90 Stat. 378; Oct. 13, 1994, Pub. L. 103–354, title II, § 235(a)(13), 108 Stat. 3221, required Sec- retary to present annually to Congress, not later than Apr. 20, report of Secretary’s activities under this chap- ter. § 911. Acceptance of services of Federal or State officers; application of civil service laws; ex- penditures for supplies and equipment 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 ex- perts and he may, subject to the civil-service laws, appoint such other officers and employees as he may find necessary and prescribe their du- ties. The Secretary is authorized, from sums ap- propriated pursuant to section 906 of this title, to make such expenditures (including expendi- tures for personal services; supplies and equip- ment; lawbooks and books of reference; direc- tories and periodicals; travel expenses; rental at the seat of government and elsewhere; the pur- chase, operation, or maintenance of passenger-