Page:United States Statutes at Large Volume 94 Part 1.djvu/675

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-294—JUNE 30, 1980

94 STAT. 625

"(B) In any case in which no such bids are submitted to the President or the President determines that no such bids have been submitted which are acceptable to the President, the President may negotiate contracts for such construction and operation. "(4) The President may not utilize the authority under paragraph (1) to provide any loan or guarantee in accordance with the provisions of section 301 or section 302 in amounts which exceed the limitations 9^QY^£QP' established in such sections unless the President submits to the ' Congress notification of the proposed loan or guarantee in the manner specified under section 307 and such proposed action is either Post, p. 628. approved or not disapproved by the Congress under such section. For purposes of section 307, any proposal pertaining to a proposed loan or guarantee, notice of which is transmitted to the Congress under this paragraph, shall be considered to be a synthetic fuel action. "(5) Before the President may utilize any specific authority described under paragraph (1), the President shall transmit to the Congress a statement containing a certification that the determinations made by the President in the transmittal to the Congress under subsection (a)(1) are still valid at the time of the transmittal of such certification. "(6)(A) No authority contained in paragraphs (l)(A)(i) through (l)(A)(iv) may be utilized by the President unless the use of such authority has been authorized by the Congress in an Act hereinafter enacted by the Congress. "(B) The President may not utilize any authority under paragraph (l)(A)(v) or paragraph (l)(A)(vi) unless the proposed exercise of authority has been specifically authorized on a project-by-project basis in an Act hereinafter enacted by the Congress and funds have been specifically appropriated by the Congress for purposes of exercising such authority. 'Xd)(l) Subject to paragraph (2), purchases and commitments to purchase under subsection (c) may be made— "(A) without regard to the limitations of existing law (other than those limitations contained in this Act) regarding the procurement of goods or services by the Government; and "(B) subject to section 717(a), for such quantities, on such terms 50 USC app. and conditions (including advance payments subject to para- ^^^^• graph (3)), and for such periods as the President deems necessary. "(2) Purchases or commitments to purchase under subsection (c) involving higher than established ceiling prices (or if there are no established ceiling prices, currently prevailing market prices as determined by the Secretary of Energy) shall not be made unless it is determined that supplies of synthetic fuel could not be effectively increased at lower prices or on terms more favorable to the Government, or that such commitments or purchases are necessary to assure the availability to the United States of supplies overseas for use for national defense purposes. "(3) Advance payments may not be made under this section unless construction has begun on the synthetic fuel project involved or the President determines that all conditions precedent to construction have been met. "(e)(1) Except as provided in paragraph (2), any purchase or commitment to purchase synthetic fuel under subsection (c) shall be made by solicitation of sealed competitive bids. "(2) In any case in which no such bids are submitted to the President or the President determines that no such bids which have been submitted to the President are acceptable, the President may