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42 U.S.C. § 16516 — Limitation on commitments to guarantee loans
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding section 101,11 See References in Text note below. subject to the Federal Credit Reform Act of 1990, as amended [[2 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661&num=0&edition=prelim) et seq.], commitments to guarantee loans under title XVII of the Energy Policy Act of 2005 [[42 U.S.C. 16501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16501&num=0&edition=prelim) et seq.] shall not exceed a total principal amount, any part of which is to be guaranteed, of $4,000,000,000: Provided, That there are appropriated for the cost of the guaranteed loans such sums as are hereafter derived from amounts received from borrowers pursuant to [section 16512(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/b/2&num=0&edition=prelim), to remain available until expended: Provided further, That the source of payments received from borrowers for the subsidy cost shall not be a loan or other debt obligation that is made or guaranteed by the Federal government.22 So in original. Probably should be capitalized. In addition, fees collected pursuant to [section 16512(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/h&num=0&edition=prelim) in fiscal year 2007 shall be credited as offsetting collections to the Departmental Administration account for administrative expenses of the Loan Guarantee Program: Provided further, That the sum appropriated for administrative expenses for the Loan Guarantee Program shall be reduced by the amount of fees received during fiscal year 2007: Provided further, That any fees collected under [section 16512(h) of this title](https://uscode.house.gov/view.xhtml?req=gr
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Source file: Laws/federal/codes/united-states-code/title-42/section-16516-limitation-on-commitments-to-guarantee-loans--0c7ca287bc.md
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Source location: Title 42, Chapter 149, § 16516; chapter-149-national-energy-policy-and-programs.md
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**(a)** Notwithstanding section 101,11 See References in Text note below. subject to the Federal Credit Reform Act of 1990, as amended [[2 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661&num=0&edition=prelim) et seq.], commitments to guarantee loans under title XVII of the Energy Policy Act of 2005 [[42 U.S.C. 16501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16501&num=0&edition=prelim) et seq.] shall not exceed a total principal amount, any part of which is to be guaranteed, of $4,000,000,000: Provided, That there are appropriated for the cost of the guaranteed loans such sums as are hereafter derived from amounts received from borrowers pursuant to [section 16512(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/b/2&num=0&edition=prelim), to remain available until expended: Provided further, That the source of payments received from borrowers for the subsidy cost shall not be a loan or other debt obligation that is made or guaranteed by the Federal government.22 So in original. Probably should be capitalized. In addition, fees collected pursuant to [section 16512(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/h&num=0&edition=prelim) in fiscal year 2007 shall be credited as offsetting collections to the Departmental Administration account for administrative expenses of the Loan Guarantee Program: Provided further, That the sum appropriated for administrative expenses for the Loan Guarantee Program shall be reduced by the amount of fees received during fiscal year 2007: Provided further, That any fees collected under [section 16512(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16512/h&num=0&edition=prelim) in excess of the amount appropriated for administrative expenses shall not be available until appropriated.
**(b)** No loan guarantees may be awarded under title XVII of the Energy Policy Act of 2005 [[42 U.S.C. 16501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16501&num=0&edition=prelim) et seq.] until final regulations are issued that include—
(1) programmatic, technical, and financial factors the Secretary will use to select projects for loan guarantees;
(2) policies and procedures for selecting and monitoring lenders and loan performance; and
(3) any other policies, procedures, or information necessary to implement title XVII of the Energy Policy Act of 2005.
**(c)** The Secretary of Energy shall enter into an arrangement with an independent auditor for annual evaluations of the program under title XVII of the Energy Policy Act of 2005 [[42 U.S.C. 16501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16501&num=0&edition=prelim) et seq.]. In addition to the independent audit, the Comptroller General shall conduct a review every three years of the Department’s execution of the program under title XVII of the Energy Policy Act of 2005. The results of the independent audit and the Comptroller General’s review shall be provided directly to the Committees on Appropriations of the House of Representatives and the Senate.
**(d)** The Secretary of Energy shall promulgate final regulations for loan guarantees under title XVII of the Energy Policy Act of 2005 [[42 U.S.C. 16501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16501&num=0&edition=prelim) et seq.] within 6 months of February 15, 2007.
**(e)** Not later than 120 days after February 15, 2007, and annually thereafter, the Secretary of Energy shall transmit to the Committees on Appropriations of the House of Representatives and the Senate a report containing a summary of all activities under title XVII of the Energy Policy Act of 2005 [[42 U.S.C. 16511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16511&num=0&edition=prelim) et seq.], beginning in fiscal year 2007, with a listing of responses to loan guarantee solicitations under such title, describing the technologies, amount of loan guarantee sought, and the applicants’ assessment of risk.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement in House of Representatives** It shall not be in order in the House of Representatives to consider a rule or order that waives the application of [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim).
**(b) Disposition of points of order**
(1) **Application to House of Representatives** — This subsection shall apply only to the House of Representatives.
(2) **Threshold burden** — In order to be cognizable by the Chair, a point of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section must specify the precise language on which it is premised.
(3) **Question of consideration** — As disposition of points of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order.
(4) **Debate and intervening motions** — A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.
(5) **Effect on amendment in order as original text** — The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program** The Secretary shall establish a program on oxygen-fuel systems. If feasible, the program shall include renovation of at least one existing large unit and one existing small unit, and construction of one new large unit and one new small unit.
**(b) Authorization of appropriations** There are authorized to be appropriated to the Secretary for carrying out this section—
(1) $100,000,000 for fiscal year 2006;
(2) $100,000,000 for fiscal year 2007; and
(3) $100,000,000 for fiscal year 2008.
**(c) Definitions** For purposes of this section—
(1) the term “large unit” means a unit with a generating capacity of 100 megawatts or more;
(2) the term “oxygen-fuel systems” means systems that utilize fuel efficiency benefits of oil, gas, coal, and biomass combustion using substantially pure oxygen, with high flame temperatures and the exclusion of air from the boiler, in industrial or electric utility steam generating units; and
(3) the term “small unit” means a unit with a generating capacity in the 10–50 megawatt range.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** On or after the date that is 180 days after December 20, 2019, the Secretary may establish a program, to be known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of pre-apprenticeship programs and apprenticeship programs described in subsection (b).
**(b) Pre-apprenticeship and apprenticeship programs described** A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that—
(1) leads to recognized postsecondary credentials for secondary school and postsecondary students;
(2) is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration;
(3) is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration;
(4) is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and
(5) ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees.
**(c) Eligible entities described** An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that—
(1) demonstrates experience in implementing and providing career planning and career pathways
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority.
**(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991.
**(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Chief Executive Officer shall establish and maintain a decentralized field structure that provides for an office of the Corporation for each State. The office for a State shall be located in, or in reasonable proximity to, such State. Only one such office may carry out the duties described in subsection (b) with respect to a State at any particular time. Such State office may be directed by the representative designated under [section 12651f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12651f/c&num=0&edition=prelim).
**(b) Duties** Each State office established pursuant to subsection (a) shall—
(1) provide to the State Commissions established under [section 12638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12638&num=0&edition=prelim) technical and other assistance for the development and implementation of national service plans under [section 12638(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12638/e/1&num=0&edition=prelim);
(2) provide to community-based agencies and other entities within the State technical assistance for the preparation of applications for assistance under the national service laws, utilizing, as appropriate, information and materials provided by the clearinghouses established pursuant to section 12653a 11 See References in Text note below. of this title;
(3) provide to the State Commission and other entities within the State support and technical assistance necessary to assure the existence of an effective system of recruitment, placement, and training of volunteers within the State;
(4) monitor and evaluate the performance of all programs and projects within the State that re
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12651i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Funds may be provided for the cost (as defined in [section 661a of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661a&num=0&edition=prelim)) of loan guarantees issued under title XIV 11 See References in Text note below. to carry out commercial demonstration projects for ethanol derived from sugarcane, bagasse, and other sugarcane byproducts.
**(b) Demonstration projects** The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock.
**(c) Requirements** An applicant for a loan guarantee under this section may provide assurances, satisfactory to the Secretary, that—
(1) the project design has been validated through the operation of a continuous process facility;
(2) the project has been subject to a full technical review;
(3) the project, with the loan guarantee, is economically viable; and
(4) there is a reasonable assurance of repayment of the guaranteed loan.
**(d) Limitations**
(1) **Maximum guarantee** — Except as provided in paragraph (2), a loan guarantee under this section—
(A) may be issued for up to 80 percent of the estimated cost of a project; but
(B) shall not exceed $50,000,000 for any 1 project.
(2) **Additional guarantees**
(A) *In general* — The Secretary may issue additional loan guarantees for a project to cover—
(i) up to 80 percent of the excess of actual project costs; but
(ii) not to exceed 15 percent of the amount of the original loan guarantee.
(B) *Principal and interest* — Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan guarant
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Federal law — U.S. Code and appendices · legal_authorities
Page 212
TITLE 2—THE CONGRESS
§ 661
1 So in original. Probably should be capitalized.
pared to the authorization level for the last
year in which authorization of appropriations
is already provided.
(Pub. L. 93–344, title IV, § 428, as added Pub. L.
104–4, title I, § 101(a)(2), Mar. 22, 1995, 109 Stat.
59.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, or on the date 90 days
after appropriations are made available as authorized
under section 1516 of this title, whichever is earlier, and
applicable to legislation considered on and after such
date, see section 110 of Pub. L. 104–4, set out as a note
under section 1511 of this title.
SUBCHAPTER III—CREDIT REFORM
§ 661. Purposes
The purposes of this subchapter are to—
(1) measure more accurately the costs of
Federal credit programs;
(2) place the cost of credit programs on a
budgetary basis equivalent to other Federal
spending;
(3) encourage the delivery of benefits in the
form most appropriate to the needs of bene-
ficiaries; and
(4) improve the allocation of resources
among credit programs and between credit and
other spending programs.
(Pub. L. 93–344, title V, § 501, as added Pub. L.
101–508, title XIII, § 13201(a), Nov. 5, 1990, 104
Stat. 1388–610.)
Editorial Notes
PRIOR PROVISIONS
A prior section 661, Pub. L. 93–344, title VI, § 606, July
12, 1974, 88 Stat. 325, directed that Budget Committees
of House and Senate study, on a continuing basis, any
provisions of law which exempt agencies or programs
from inclusion in the budget and make recommenda-
tions from time to time with regard to terminating or
modifying such provisions, prior to repeal by Pub. L.
99–177, title II, §§ 223, 275(a)(1), Dec. 12, 1985, 99 Stat.
1060, 1100, effective Dec. 12
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 661
Stored review status: historical_2024_not_currentness_verified. The source passage cites 2 U.S.C. § 661. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8907
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16501
(E) include at least 5,000,000 square feet of
enclosed space.
(5) First-in-Class use
Notwithstanding paragraphs (2) through (4),
a new building project may qualify under this
section if the Secretary determines that the
project—
(A) represents a First-In-Class use of re-
newable energy; or
(B) otherwise establishes a new paradigm
of building integrated renewable energy use
or energy efficiency.
(d) Application
(1) Initial applications
No later than 120 days after August 8, 2005,
and annually thereafter, the Secretary shall
publish in the Federal Register an invitation
and guidelines for submitting applications,
consistent with this section.
(2) Contents
The application shall describe the project, or
planned project, and the plans to meet the cri-
teria established under subsection (c).
(e) Certification
(1) In general
Not later than 60 days after the application
period described in subsection (d), and annu-
ally thereafter, the Secretary shall certify
projects that are reasonably expected to meet
the criteria established under subsection (c).
(2) Certified projects
The Secretary shall designate personnel of
the Department to work with persons carrying
out each certified project and ensure that the
personnel—
(A) provide each certified project with
guidance in meeting the criteria established
under subsection (c);
(B) identify programs of the Department,
including National Laboratories and Tech-
nology Centers, that will assist each project
in meeting the criteria established under
subsection (c); and
(C) ensure that knowledge and transfer of
the most current technology between the ap-
plicable resources of the Federal Govern-
ment (including the National Laboratories
and Tech
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16501
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Federal law — U.S. Code and appendices · legal_authorities
Page 8909
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16511
(c) Requirements
An applicant for a loan guarantee under this
section may provide assurances, satisfactory to
the Secretary, that—
(1) the project design has been validated
through the operation of a continuous process
facility;
(2) the project has been subject to a full
technical review;
(3) the project, with the loan guarantee, is
economically viable; and
(4) there is a reasonable assurance of repay-
ment of the guaranteed loan.
(d) Limitations
(1) Maximum guarantee
Except as provided in paragraph (2), a loan
guarantee under this section—
(A) may be issued for up to 80 percent of
the estimated cost of a project; but
(B) shall not exceed $50,000,000 for any 1
project.
(2) Additional guarantees
(A) In general
The Secretary may issue additional loan
guarantees for a project to cover—
(i) up to 80 percent of the excess of ac-
tual project costs; but
(ii) not to exceed 15 percent of the
amount of the original loan guarantee.
(B) Principal and interest
Subject to subparagraph (A), the Secretary
shall guarantee 100 percent of the principal
and interest of a loan guarantee made under
subparagraph (A).
(Pub. L. 109–58, title XV, § 1516, Aug. 8, 2005, 119
Stat. 1091.)
Editorial Notes
REFERENCES IN TEXT
Title XIV, referred to in subsec. (a), is title XIV of
Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 1061, which enacted
subchapter XIII of this chapter and section 13557 of this
title.
SUBCHAPTER XV—INCENTIVES FOR
INNOVATIVE TECHNOLOGIES
§ 16511. Definitions
In this subchapter:
(1) Commercial technology
(A) In general
The term ‘‘commercial technology’’ means
a technology in general use in the commer-
cial marketplace.
(B) Inclusions
The term ‘‘commercial technology’’ does
not include
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16511
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Federal law — U.S. Code and appendices · legal_authorities
Page 8916
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16516
execution of the program under title XVII of the
Energy Policy Act of 2005. The results of the
independent audit and the Comptroller Gen-
eral’s review shall be provided directly to the
Committees on Appropriations of the House of
Representatives and the Senate.
(d) The Secretary of Energy shall promulgate
final regulations for loan guarantees under title
XVII of the Energy Policy Act of 2005 [42 U.S.C.
16501 et seq.] within 6 months of February 15,
2007.
(e) Not later than 120 days after February 15,
2007, and annually thereafter, the Secretary of
Energy shall transmit to the Committees on Ap-
propriations of the House of Representatives and
the Senate a report containing a summary of all
activities under title XVII of the Energy Policy
Act of 2005 [42 U.S.C. 16511 et seq.], beginning in
fiscal year 2007, with a listing of responses to
loan guarantee solicitations under such title,
describing the technologies, amount of loan
guarantee sought, and the applicants’ assess-
ment of risk.
(Pub. L. 109–289, div. B, title II, § 20320, as added
Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 21;
amended Pub. L. 113–76, div. D, title III, § 307,
Jan. 17, 2014, 128 Stat. 175.)
Editorial Notes
REFERENCES IN TEXT
Section 101, referred to in subsec. (a), is section 101 of
title I of div. B of Pub. L. 109–289, as added by Pub. L.
110–5, § 2, Feb. 15, 2007, 121 Stat. 8. Subsec. (b) of section
101 is classified as a note under section 12651i of this
title. Subsecs. (a) and (c) of section 101 are not classi-
fied to the Code.
The Federal Credit Reform Act of 1990, referred to in
subsec. (a), is title V of Pub. L. 93–344, as added by Pub.
L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat.
138
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16516
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