
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8803]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 96--BIOMASS ENERGY AND ALCOHOL FUELS
 
Sec. 8803. Funding


(a) Authorization of appropriations

    To the extent provided in advance in appropriation Acts, for the two 
year period beginning October 1, 1980, there is authorized to be 
appropriated 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 
advance in appropriation Acts, as follows:
        (1) $460,000,000 to the Secretary of Agriculture for carrying 
    out activities under subchapter I of this chapter, except of the 
    amount of the financial assistance provided by the Secretary of 
    Agriculture under subchapter I of this chapter, 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 this chapter, 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 Alcohol Fuels shall be available to 
    the Secretary to carry out the purposes of subchapter I of this 
    chapter under available authorities of the Secretary, including 
    authorities under subchapter I of this chapter; and
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
        (3) $250,000,000 shall be available to the Secretary of Energy 
    for carrying out activities under subchapter II of this chapter.

(b) Availability of funds until expended

    Funds made available under subsection (a) of this section shall 
remain available until expended.

(c) Determinations respecting amount of appropriations 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 agreements shall be counted at 
    the value determined by the Secretary concerned as of the date of 
    each such contract based upon the Secretary's determination of the 
    maximum potential 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 assistance is to be provided 
to any one project, the obligations 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 assistance shall be treated 
the same as such assistance 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 advance in appropriation Acts.

(Pub. L. 96-294, title II, Sec. 204, June 30, 1980, 94 Stat. 685; Pub. 
L. 97-35, title X, Secs. 1061-1063, Aug. 13, 1981, 95 Stat. 622.)

                       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 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), referred to in subsec. (a), was 
established by Pub. L. 96-126, title II, Sec. 201, Nov. 27, 1979, 93 
Stat. 970, which is set out as a note under section 5915 of this title.


                               Amendments

    1981--Subsec. (a). Pub. L. 97-35, Sec. 1063, substituted 
``$1,170,000,000'' for ``$1,450,000,000''.
    Subsec. (a)(1). Pub. L. 97-35, Sec. 1061, substituted 
``$460,000,000'' for ``$600,000,000''.
    Subsec. (a)(2). Pub. L. 97-35, Sec. 1062, substituted 
``$460,000,000'' for ``$600,000,000''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 8813 of this title.
