12 2 STA T .38 2 6PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 condit ion s, inc lu din gma tu r it y ,ast heS ecretary o f the T reasury shall p rescri b e .( ii )A ll, or that portion, of the appropriation made to the Trust F und pursuant to paragraph ( 3 ) that is needed to co v er the difference defined in that para - graph. ( B ) REPAYM E NTOF O BLIG ATION S . —I n the event that the Trust Fund is unable to repay the obligations that it has issued to the Secretary of the Treasury under subparagraph (A)(i) and this subparagraph, or is unable to ma k e benefit payments and other authori z ede x pendi- tures, the Trust Fund shall issue obligations to the Sec- retary of the Treasury in such amounts as may be nec- essary to make such repayments, payments, and expendi- tures, w ith a maturity of 1 year, and bearing interest at the Treasury 1-year rate. These obligations shall be in such forms and denominations and be sub j ect to such other terms and conditions as the Secretary of the Treasury shall prescribe. ( C )A U T H O R ITY TO ISSUE OBLIGATIONS.—The Trust Fund is authorized to issue obligations to the Secretary of the Treasury under subparagraphs (A)(i) and (B). The Secretary of the Treasury is authorized to purchase such obligations of the Trust Fund. For the purposes of making such purchases, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, U nited States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such Trust Fund obligations under this subparagraph. (3) O NE-TIME APPROPRIATION.—There is hereby appro- priated to the Trust Fund an amount sufficient to pay to the general fund of the Treasury the difference between— (A) the market value of the outstanding repayable advances, plus accrued interest
and (B) the proceeds from the obligations issued by the Trust Fund to the Secretary of the Treasury under para- graph ( 2 )(A)(i). ( 4 ) P REPAYMENT OF TRUST FUN D OBLIGATIONS.—The Trust Fund is authorized to repay any obligation issued to the Sec- retary of the Treasury under subparagraphs (A)(i) and (B) of paragraph (2) prior to its maturity date by paying a prepay- ment price that would, if the obligation being prepaid (including all unpaid interest accrued thereon through the date of prepay- ment) were purchased by a third party and held to the maturity date of such obligation, produce a yield to the third-party pur- chaser for the period from the date of purchase to the maturity date of such obligation substantially e q ual to the Treasury yield on outstanding marketable obligations of the United States having a comparable maturity to this period. SEC.1 1 4 . S P EC IALRU LES FO R REFU ND OF TH ECOALE X CISE TAX TO CERTAIN COAL PRODUCERS AND EXPORTERS. (a) REFUND.— (1) COAL PRODU C ERS.— 26USC41 21 note.
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