42 U.S.C. § 8803 — Funding

Page 7650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8803 1 So in original. Pub. L. 97–35 decreased appropriation to $460,000,000 from $600,000,000 without amending sum of $500,000,000. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 8803. Funding (a) Authorization of appropriations To the extent provided in advance in appro- priation Acts, for the two year period beginning October 1, 1980, there is authorized to be appro- priated and transferred $1,170,000,000 from the Energy Security Reserve established in the Treasury of the United States under title II of the Act entitled ‘‘An Act making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1980, and for other purposes’’ (Public Law 96–126; 93 Stat. 970) and made available for obligation by such Act only to the extent provided in ad- vance in appropriation Acts, as follows: (1) $460,000,000 to the Secretary of Agri- culture for carrying out activities under sub- chapter I, except of the amount of the finan- cial assistance provided by the Secretary of Agriculture under subchapter I, up to one- third shall be for small-scale biomass energy projects; (2) $460,000,000 to the Secretary of Energy for carrying out biomass energy activities under subchapter I, of which at least $500,000,000 1 shall be available to the Office of Alcohol Fuels for carrying out its activities, and any amount not made available to the Office of Al- cohol Fuels shall be available to the Secretary to carry out the purposes of subchapter I under available authorities of the Secretary, including authorities under subchapter I; and (3) $250,000,000 shall be available to the Sec- retary of Energy for carrying out activities under subchapter II. (b) Availability of funds until expended Funds made available under subsection (a) shall remain available until expended. (c) Determinations respecting amount of appro- priations remaining available (1) For purposes of determining the amount of such appropriations which remain available for purposes of this chapter— (A) loans shall be counted at the initial face value of the loan; (B) loan guarantees shall be counted at the initial face value of such loan guarantee; (C) price guarantees and purchase agree- ments shall be counted at the value deter- mined by the Secretary concerned as of the date of each such contract based upon the Sec- retary’s determination of the maximum poten- tial liability of the United States under the contract; and (D) any increase in the liability of the United States pursuant to any amendment or other modification to a contract for a loan, loan guarantee, price guarantee, or purchase agreement, shall be counted to the extent of such increase. (2) Determinations under paragraph (1) shall be made in accordance with generally accepted accounting principles, consistently applied. (3) If more than one form of financial assist- ance is to be provided to any one project, the ob- ligations and commitments thereunder shall be counted at the maximum potential exposure of the United States on such project at any time during the life of such project. (4) Any commitment to provide financial as- sistance shall be treated the same as such as- sistance for purposes of this subsection; except that any such commitment which is nullified or voided for any reason shall not be considered for purposes of this subsection. (d) Financial assistance provided only to extent advanced in appropriation Acts Financial assistance may be provided under this chapter only to the extent provided in ad- vance in appropriation Acts. (Pub. L. 96–294, title II, § 204, June 30, 1980, 94 Stat. 685; Pub. L. 97–35, title X, §§ 1061–1063, Aug. 13, 1981, 95 Stat. 622.) Editorial Notes REFERENCES IN TEXT The Energy Security Reserve established in the Treasury of the United States under title II of the Act entitled ‘‘An Act making appropriations for the De- partment of the Interior and related agencies for the fiscal year ending September 30, 1980, and for other pur- poses’’ (Public Law 96–126; 93 Stat. 970), referred to in subsec. (a), was established by Pub. L. 96–126, title II, § 201, Nov. 27, 1979, 93 Stat. 970, which is set out as a note under section 5915 of this title. This chapter, referred to in subsecs. (c)(1) and (d), 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. AMENDMENTS 1981—Subsec. (a). Pub. L. 97–35, § 1063, substituted ‘‘$1,170,000,000’’ for ‘‘$1,450,000,000’’. Subsec. (a)(1). Pub. L. 97–35, § 1061, substituted ‘‘$460,000,000’’ for ‘‘$600,000,000’’. Subsec. (a)(2). Pub. L. 97–35, § 1062, substituted ‘‘$460,000,000’’ for ‘‘$600,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title. § 8804. Coordination with other authorities and programs The authorities in this chapter are in addition to and do not modify (except to the extent ex- pressly provided for in this chapter) authorities and programs of the Department of Energy and of the Department of Agriculture under other provisions of law. (Pub. L. 96–294, title II, § 205, June 30, 1980, 94 Stat. 686.)