42 U.S.C. § 8820 — Office of Alcohol Fuels

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 Reports (a) Repealed.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- Page 7658 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8821 retary of the Treasury, the Secretary of Agri- culture, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Community Services Administration, the Administrator of the Environmental Protection Agency, or their appointed representatives, in order to coordinate the programs under the Di- rector’s responsibility with other programs within the Department of Energy and in such Federal agencies, which are related to the pro- duction of alcohol. (Pub. L. 96–294, title II, § 220, June 30, 1980, 94 Stat. 696.) Statutory Notes and Related Subsidiaries COMMUNITY SERVICES ADMINISTRATION Community Services Administration, which was es- tablished by section 601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), terminated when Economic Opportunity Act of 1964, Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was estab- lished in Department of Health and Human Services by section 676 of Pub. L. 97–35, which is classified to 42 U.S.C. 9905. § 8821. Termination of authorities; modification of terms and conditions of conditional com- mitments for loan guarantees No insured loan, loan guarantee, price guar- antee, or purchase agreement may be committed to or made under this subchapter after Sep- tember 30, 1984, except that all conditional com- mitments for loan guarantees under this sub- chapter which were in existence on September 30, 1984, are hereby extended through June 30, 1987. This section shall not be construed to af- fect the authority of the Secretary concerned to spend funds after such date pursuant to any con- tract for financial assistance made on or before that date under this subchapter. Notwith- standing any other provision of this subchapter, the Secretary of Energy may modify the terms and conditions of any conditional commitment for a loan guarantee under this subchapter made before October 1, 1984, including the amount of the loan guarantee. Nothing in this section shall be interpreted as indicating Congressional ap- proval with respect to any pending conditional commitments under this Act. (Pub. L. 96–294, title II, § 221, June 30, 1980, 94 Stat. 696; Pub. L. 99–24, § 1(a), Apr. 16, 1985, 99 Stat. 50; Pub. L. 99–190, § 101(a), Dec. 19, 1985, 99 Stat. 1185; Pub. L. 99–272, title VII, § 7301, Apr. 7, 1986, 100 Stat. 143; Pub. L. 99–500, § 101(h) [title III, § 318], Oct. 18, 1986, 100 Stat. 1783–242, 1783–286, and Pub. L. 99–591, § 101(h) [title III, § 318], Oct. 30, 1986, 100 Stat. 3341–242, 3341–287; Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–294, June 30, 1980, 94 Stat. 611, known as the Energy Security Act. For complete classification of this Act to the Code, see Short Title note set out under section 8801 of this title and Tables. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Amendment of section by Pub. L. 99–190 is based on section 630 of title VI of H.R. 3037 [Agriculture, Rural Development, and Related Agencies Appropriations Act, 1986], as incorporated by reference by section 101(a) of Pub. L. 99–190, and enacted into law by section 106 of Pub. L. 100–202. AMENDMENTS 1987—For amendment by Pub. L. 100–202, see 1985 Amendment note below. 1986—Pub. L. 99–500 and Pub. L. 99–591 substituted ‘‘through June 30, 1987’’ for ‘‘through June 30, 1986’’. Pub. L. 99–272 made amendment substantially iden- tical to that by Pub. L. 99–190, substituting ‘‘through June 30, 1986’’ for ‘‘through September 30, 1985’’ and in- serting provisions authorizing the Secretary of Energy to modify the terms and conditions of any conditional commitment for a loan guarantee under this sub- chapter made before Oct. 1, 1984, including the amount of the guarantee, and further providing that nothing in this section shall be interpreted as indicating Congres- sional approval with respect to any pending conditional commitments. 1985—Pub. L. 99–190, § 101(a), as enacted by Pub. L. 100–202, substituted ‘‘through June 30, 1986’’ for ‘‘through September 30, 1985’’ and inserted provisions authorizing the Secretary of Energy to modify the terms and conditions of any conditional commitment for a loan guarantee under this subchapter made before Oct. 1, 1984, including the amount of the guarantee, and further providing that nothing in this section shall be interpreted as indicating Congressional approval with respect to any pending conditional commitments. See Codification note above. Pub. L. 99–24 inserted ‘‘, except that all conditional commitments for loan guarantees under this sub- chapter which were in existence on September 30, 1984, are hereby extended through September 30, 1985’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–434, provided that the amendment made by that section is effective on date of enactment [Dec. 19, 1985] of the ‘‘pertinent joint resolution’’ making continuing appro- priations for fiscal year 1986 [Pub. L. 99–190]. PENDING CONDITIONAL COMMITMENTS Pub. L. 99–24, § 1(b), Apr. 16, 1985, 99 Stat. 50, provided that: ‘‘Enactment of this Act [amending this section] shall not be interpreted as indicating congressional ap- proval with respect to any pending conditional com- mitments under this Act.’’ SUBCHAPTER II—MUNICIPAL WASTE BIOMASS ENERGY § 8831. Municipal waste energy development plan (a) Preparation by Secretary of Energy; consult- ative requirements The Secretary of Energy shall prepare a com- prehensive plan for carrying out this sub- chapter. In the preparation of such plan, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and the head of such other Federal agencies as the Secretary deems appropriate. (b) Transmittal to President and Congress Not later than 90 days after June 30, 1980, the Secretary shall transmit the comprehensive plan to the President and the Congress.