7 U.S.C. § 917 | Prohibition on restricting water and waste facility services to electric customers

(a)

Prohibition

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.

(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 subsection (a).

(c)

“Rural development programs” defined

In this section, the term “rural development program” means the following:

(1)

1 See References in Text note below.

7 U.S.C. 2009 7 U.S.C. 1924(b) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375  and subtitle E [ et seq.] of the Consolidated Farm and Rural Development Act (, 1926, 1926a, 1926c, 1926d, and 1932).

(2)

¹42 U.S.C. 5177a 7 U.S.C. 950aaa–2 Subtitle G  of title XVI and sections 2281 [], 2333, and 2381 [, 3125b] of the Food, Agriculture, Conservation, and Trade Act of 1990.

(3)

Public Law 102–237 7 U.S.C. 5930 Subtitle C of title IX of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (; note).

(4)

Public Law 99–198 7 U.S.C. 1932 Section 1323(b) of the Food Security Act of 1985 (; note).

(5)

7 U.S.C. 2661 7 U.S.C. 2204a Title V [ et seq.] and section 603(c) [] of the Rural Development Act of 1972.

(6)

¹ Sections 905 and 940a  of this title and subchapter IV of this chapter.

(d)

Regulations

April 4, 1996Not later than 60 days after , the Secretary shall issue final regulations to ensure compliance with subsection (a).

May 20, 1936, ch. 432 Pub. L. 104–127, title VII, § 778Apr. 4, 1996110 Stat. 1150 (, title I, § 17, as added , , .)

Editorial Notes

References in Text

section 2008j of this title Pub. L. 87–128, title III, § 375(j)(7)Pub. L. 106–78, title VIII, § 816(d)Oct. 22, 1999113 Stat. 1182 Section 375 of the Consolidated Farm and Rural Development Act, referred to in subsec. (c)(1), was classified to prior to repeal by , as added , , .

Pub. L. 87–128, title IIIAug. 8, 196175 Stat. 307 section 1921 of this titleThe Consolidated Farm and Rural Development Act, referred to in subsec. (c)(1), is , , . Subtitle E of the Act is classified generally to subchapter V (§ 2009 et seq.) of chapter 50 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–624Nov. 28, 1990104 Stat. 3359 Pub. L. 107–171, title VI, § 6201(a)May 13, 2002116 Stat. 418 section 1421 of this titleThe Food, Agriculture, Conservation, and Trade Act of 1990, referred to in subsec. (c)(2), is , , . Subtitle G of title XVI of the Act, known as the Alternative Agricultural Research and Commercialization Act of 1990, was classified generally to subchapter VI (§ 5901 et seq.) of chapter 88 of this title prior to repeal by , , . For complete classification of this Act to the Code, see Short Title of 1990 Amendments note set out under and Tables.

Pub. L. 92–419Aug. 30, 197286 Stat. 657 section 1921 of this titleThe Rural Development Act of 1972, referred to in subsec. (c)(5), is , , . Title V of the Act is classified generally to subchapter II (§ 2661 et seq.) of chapter 59 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 104–127, title VIIApr. 4, 1996110 Stat. 1150 Sections 905 and 940a of this title, referred to in subsec. (c)(6), were repealed by , §§ 774(a), 780, , , 1151.

Prior Provisions

act May 20, 1936, ch. 432, title I, § 17 Nov. 28, 1990Pub. L. 101–624, title XXIII, § 2343104 Stat. 4027 Pub. L. 102–237, title VII, § 703(b)Dec. 13, 1991105 Stat. 1881 A prior section 917, , as added , , , related to establishment of technical assistance unit to provide advice and technical assistance to electric and telephone borrowers under this chapter, prior to repeal by , , .