123STA T .6 2 0PUBLIC LA W 111 –8—M A R .11 , 200 9authori t yp ro v i de du n der s e c tion 203 20o fD ivision B of P u bl ic L a w1 0 9– 2 8 9 , asa m ended by Public Law 110– 5:Provide d fu r th er ,T hat such sums as are derived from amounts received from bor - rowers pursuant to section 1 7 02 ( b ) (2) of the E ner g y Policy A ct of 2005 under this heading in this and prior Acts, shall be collected in accordance with section 502(7) of the C ongressional Budget Act of 197 4
- Provided further, That the source of such payment received
from borrowers is not a loan or other debt obligation that is guaran- teed by the F ederal G overnment: Provided further, That pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, no appropria- tions are available to pay the subsidy cost of such guarantees: Provided further, That for necessary administrative e x penses to carry out this Loan Guarantee program, $ 19,880,000 is appro- priated, to remain available until expended: Provided further, That $19,880,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collec- tions to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2009 appropriations from the general fund estimated at not more than $0: Provided further, That none of the funds made available in this Act shall be available for the execution of a new solicitation with respect to such guaranteed loans until 30 days after the Department of Energy has submitted to the Commit- tees on Appropriations of the H ouse of R epresentatives and the S enate a loan guarantee implementation plan that defines the proposed award levels and eligible technologies: Provided further, That none of the loan guarantee authority made available in this Act shall be available for commitments to guarantee loans for any pro j ects where funds, personnel, or property (tangible or intan- gible) of any Federal agency, instrumentality, personnel or affiliated entity are expected to be used (directly or indirectly) through ac q uisitions, contracts, demonstrations, exchanges, grants, incen- tives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the previous pro- viso shall not be interpreted as precluding the use of the loan guarantee authority in this Act for commitments to guarantee loans for projects as a result of such projects benefiting from (a) otherwise allowable Federal income tax benefits
(b) being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is (i) paid exclusively in cash, (ii) deposited in the Treasury as offsetting receipts, and (iii) equal to the fair mar k et value as determined by the head of the relevant Federal agency; (c) Federal insurance programs, including Price-Anderson; or (d) for electric generation projects, use of transmission facilities owned or operated by a Federal Power M arketing Administration or the Tennessee V alley Authority that have been authori z ed, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available in this Act shall be available for any project unless the Director of the O ffice of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this title .Certif i ca ti on.E ffecti v e d ate. Impl ementation plan.
