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42 U.S.C. § 8819 — Review; reorganization
Federal law — U.S. Code and appendices · legal_authorities
Page 7657
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8820
Treasury of the United States as miscellaneous
receipts. The preceding sentence shall not apply
to insured loans made under section 8813 of this
title.
(Pub. L. 96–294, title II, § 217, June 30, 1980, 94
Stat. 693.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(4)(C), was in
the original ‘‘this title’’, meaning title II of Pub. L.
96–294, June 30, 1980, 94 Stat. 683, known as the Biomass
Energy and Alcohol Fuels Act of 1980, which is classi-
fied principally to this chapter. For complete classi-
fication of title II to the Code, see Short Title note set
out under section 8801 of this title and Tables.
§ 8818. Reports
(a) Repealed. Pub. L. 99–386, title I, § 101(a), Aug.
22, 1986, 100 Stat. 821
(b) Comprehensive list of loans, grants, etc.
Within 120 days after June 30, 1980, the Sec-
retary of Energy and the Secretary of Agri-
culture shall submit to the Congress a com-
prehensive list of all the types of loans, grants,
incentives, rebates, or any other such private,
State, or Federal economic or financial benefits
now in effect or proposed which can be or have
been used for production of alcohol to be used as
a motor fuel or petroleum substitute.
(c) Annual reports; report evaluating overall im-
pact and plan for termination of Office of Al-
cohol Fuels
(1)(A) The Office of Alcohol Fuels shall submit
to the Congress and the President annual re-
ports containing a general description of the Of-
fice’s operations during the year and a descrip-
tion and evaluation of each biomass energy
project for which financial assistance by the Of-
fice is then in effect.
(B) Each annual report shall describe progress
made toward meeting the goals of this sub-
chapter and co
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Page 7657
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8820
Treasury of the United States as miscellaneous
receipts. The preceding sentence shall not apply
to insured loans made under section 8813 of this
title.
(Pub. L. 96–294, title II, § 217, June 30, 1980, 94
Stat. 693.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(4)(C), was in
the original ‘‘this title’’, meaning title II of Pub. L.
96–294, June 30, 1980, 94 Stat. 683, known as the Biomass
Energy and Alcohol Fuels Act of 1980, which is classi-
fied principally to this chapter. For complete classi-
fication of title II to the Code, see Short Title note set
out under section 8801 of this title and Tables.
§ 8818. Reports
(a) Repealed. Pub. L. 99–386, title I, § 101(a), Aug.
22, 1986, 100 Stat. 821
(b) Comprehensive list of loans, grants, etc.
Within 120 days after June 30, 1980, the Sec-
retary of Energy and the Secretary of Agri-
culture shall submit to the Congress a com-
prehensive list of all the types of loans, grants,
incentives, rebates, or any other such private,
State, or Federal economic or financial benefits
now in effect or proposed which can be or have
been used for production of alcohol to be used as
a motor fuel or petroleum substitute.
(c) Annual reports; report evaluating overall im-
pact and plan for termination of Office of Al-
cohol Fuels
(1)(A) The Office of Alcohol Fuels shall submit
to the Congress and the President annual re-
ports containing a general description of the Of-
fice’s operations during the year and a descrip-
tion and evaluation of each biomass energy
project for which financial assistance by the Of-
fice is then in effect.
(B) Each annual report shall describe progress
made toward meeting the goals of this sub-
chapter and contain specific recommendations
on what actions the Congress could take in
order to facilitate the work of the Office in
achieving such goals.
(C) Each annual report under this subsection
shall contain financial statements prepared by
the Office.
(2) On or before September 30, 1990, the Office
shall submit to the Congress and the President
a report evaluating the overall impact made by
the Office and describing the status of each bio-
mass energy project which has received finan-
cial assistance under this subchapter from the
Office. Such report shall contain a plan for the
termination of the work of the Office.
(Pub. L. 96–294, title II, § 218, June 30, 1980, 94
Stat. 695; Pub. L. 99–386, title I, § 101(a), Aug. 22,
1986, 100 Stat. 821.)
Editorial Notes
AMENDMENTS
1986—Subsec. (a). Pub. L. 99–386 struck out subsec. (a)
which related to submission of quarterly reports to the
President and Congress by Secretary of Agriculture and
Secretary of Energy.
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (c)(1) of this section relating to the require-
ment that the Office of Alcohol Fuels submit annual re-
ports to Congress, see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and the 12th item on page 91 of
House Document No. 103–7.
§ 8819. Review; reorganization
(a) The President shall review periodically the
progress of the Secretary of Agriculture and the
Secretary of Energy in carrying out the pur-
poses of this subchapter.
(b) If the President determines it necessary in
order to achieve such purposes the President
may, in accordance with the provisions of chap-
ter 9 of title 5, provide for a reorganization, in-
cluding any required realignment of the respec-
tive programs of the Secretaries under this sub-
chapter.
(Pub. L. 96–294, title II, § 219, June 30, 1980, 94
Stat. 695.)
§ 8820. Office of Alcohol Fuels
(a) Establishment in Department of Energy; ap-
pointment and compensation of Director
There is hereby established within the Depart-
ment of Energy an Office of Alcohol Fuels (here-
inafter in this section referred to as the ‘‘Of-
fice’’) to be headed by a Director, who shall be
appointed by the President, by and with the ad-
vice and consent of the Senate, and who shall be
compensated at the rate provided for level IV of
the Executive Schedule under section 5315 of
title 5.
(b) Responsibilities of Director
(1) The Director shall be responsible for car-
rying out the functions of the Secretary of En-
ergy under this subchapter which relate to alco-
hol, including the terms and conditions of finan-
cial assistance and the selection of recipients for
that assistance, subject to the general super-
vision of the Secretary of Energy.
(2) The Director shall be responsible directly
to the Secretary of Energy.
(c) Annual authorization and appropriation re-
quests for support of Office
In each annual authorization and appropria-
tion request, the Secretary shall identify the
portion thereof intended for the support of the
Office and include a statement by the Office (1)
showing the amount requested by the Office in
its budgetary presentation to the Secretary and
the Office of Management and Budget and (2) an
assessment of the budgetary needs of the Office.
Whenever the Office submits to the Secretary,
the President, or the Office of Management and
Budget, any formal legislative recommendation
or testimony, or comments on legislation, pre-
pared for submission to Congress, the Office
shall concurrently transmit a copy thereof to
the appropriate committees of Congress.
(d) Consultations respecting coordination of pro-
grams
The Secretary of Energy, after consultation
with the Director, shall consult with the Sec-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary concerned; minimum sales price** Subject to sections 8812 and 8817 of this title, the Secretary concerned may commit to guarantee, and guarantee, that the price that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee.
**(b) Cost-plus arrangements as basis**
(1) No price guarantee under this section may be based upon a cost-plus arrangement, or variant thereof, which guarantees a profit to the owner or operator involved.
(2) The use of a cost-of-service pricing mechanism by a person pursuant to law, or by a regulatory body establishing rates for a regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1).
**(c) Maximum dollar amount of liability of United States** Each price guarantee, or commitment to guarantee, which is made under this section shall specify the maximum dollar amount of liability of the United States under that guarantee.
**(d) Renegotiation of sales price and maximum liability** If the Secretary determines, in the discretion of the Secretary, that—
(1) a biomass energy project would not otherwise be satisfactorily completed or continued, and
(2) completion or continuation of such project would be necessary to achieve the purposes of this chapter,
the sales price set forth in the price guarantee, and maximum liability under such guarantee, may be renegotiated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8819
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