S.Amdt. 4278

SA 4278. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill H.R. 4899, making emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 78, between lines 7 and 8, insert the following:

DEPARTMENT OF ENERGY

title xvii innovative technology loan guarantee program

For the cost of guaranteed loans as authorized by section 1702(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)(2)) for nuclear power facilities, an additional total principal amount of $9,000,000,000, to remain available until expended: Provided, That amounts made available under this heading shall be subject tosection 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a): Provided further, That amounts made available under this heading shall be in addition to the authority provided under section 20320 of the Continuing Appropriations Act, 2007 (42 U.S.C. 16515): Provided further, That amounts made available under this heading shall be derived from amounts received as payments from borrowers under section 1702(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)(2)) and collected in accordance with section 502(7) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(7)): Provided further, That the source of payment received from the borrowers shall not be considered a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That, pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)(2)), no amounts made available under this heading shall be used to pay the subsidy cost of guarantees: Provided further, That none of the loan guarantee authority made available under this heading shall be available for commitments to guarantee loans for any projects for which funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected to be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support a project or to obtain goods or services from the project: Provided further, That the previous proviso does not preclude the use of the loan guarantee authority provided under this heading for commitments to guarantee loans for projects as a result of the projects benefitting from (1) otherwise allowable Federal income tax benefits, (2) being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is (A) paid exclusively in cash, (B) deposited in the Treasury as offsetting receipts, and (C) equal to the fair market value as determined by the head of the relevant Federal agency, (4) Federal insurance programs, including section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the “Price-Anderson Act”), or (5) for electric generation projects, use of transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this heading shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.): Provided further, That, of the unobligated balances appropriated or otherwise made available under division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) (other than under title X of division A of that Act), $90,000,000 is rescinded.