12 2 STA T . 1 3 13 PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8res er v e dfo ro bligat io n d u ring t h ese c ond half of the fiscal y ear .‘ ‘ ( f )CONSULTA T I ON. —I n carrying out this section , the S ecretary shall consult w ith the Secretary of E nergy. ‘‘(g) CON D ITION ON PR O V ISION O FA SSISTAN CE .— ‘‘( 1 )IN G ENERAL.—As a condition of receiving a grant or loan guarantee under this section, an eligible entity shall ensure that all laborers and m echanics em p loyed by contractors or subcontractors in the performance of construction wor k financed, in whole or in part, with the grant or loan guarantee, as the case may be, shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of L abor in accordance with sections 3 1 4 1 through 3144, 314 6 , and 314 7 of title 4 0 , U nited States Code. ‘‘( 2 ) AUT H ORIT Y AND FUNCTIONS.— T he Secretary of Labor shall have, with respect to the labor standards described in paragraph (1), the authority and functions set forth in R eorga - ni z ation Plan N umbered 14 of 1 95 0 (5 U.S.C. App) and section 3145 of title 40, United States Code. ‘‘(h) F UNDING.— ‘‘(1) M ANDATORY FUNDING.— O f the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain available until e x pended— ‘‘(A) $ 75,000,000 for fiscal year 2009
and ‘‘( B ) $245,000,000 for fiscal year 2010. ‘‘(2) D ISCRETIONARY FUNDING.—In addition to any other funds made available to carry out this section, there is author- ized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2009 through 2012. ‘ ‘ SEC.90 0 4 . R E POW ER INGA SSIS T ANCE. ‘‘(a) IN G ENERAL.—The Secretary shall carry out a program to encourage biorefineries in existence on the date of enactment of the Food, Conservation, and Energy Act of 200 8 to replace fossil fuels used to produce heat or power to operate the biorefineries by making payments for— ‘‘(1) the installation of new systems that use renewable biomass; or ‘‘(2) the new production of energy from renewable biomass. ‘‘(b) PAY M ENTS.— ‘‘(1) IN GENERAL.—The Secretary may make payments under this section to any biorefinery that meets the re q uire- ments of this section for a period determined by the Secretary. ‘‘(2) AMOUNT.—The Secretary shall determine the amount of payments to be made under this section to a biorefinery after considering— ‘‘(A) the quantity of fossil fuels a renewable biomass system is replacing; ‘‘(B) the percentage reduction in fossil fuel used by the biorefinery that will result from the installation of the renewable biomass system; and ‘‘(C) the cost and cost effectiveness of the renewable biomass system. ‘‘(c) ELIGI B ILITY.—To be eligible to receive a payment under this section, a biorefinery shall demonstrate to the Secretary that 7USC8104.
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