229 
Department of Energy, or to withhold payment of any 
such funds: Provided further, That, of the amount appro-
priated in this paragraph, $1,855,425 shall be used for 
projects specified in the table that appears under the head-
ing ‘‘Congressionally Directed Nuclear Waste Disposal 
Projects’’ in the text and table under this heading in the 
explanatory statement described in section 4 (in the mat-
ter preceding division A of this consolidated Act). 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Subject to section 502 of the Congressional Budget 
Act of 1974, commitments to guarantee loans under title 
XVII of the Energy Policy Act of 2005, shall not exceed 
a total principal amount of $47,000,000,000 for eligible 
projects, to remain available until committed, and of which 
$18,500,000,000 shall be for nuclear power facilities: Pro-
vided, That these amounts are in addition to the authority 
provided under section 20320 of Division B of Public Law 
109–289, as amended by Public Law 110–5: Provided fur-
ther, That such sums as are derived from amounts re-
ceived from borrowers pursuant to section 1702(b)(2) of 
the Energy Policy Act of 2005 under this heading in this 
and prior Acts, shall be collected in accordance with sec-
tion 502(7) of the Congressional Budget Act of 1974: Pro-
vided further, That the source of such payment received 
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230 
from borrowers is not a loan or other debt obligation that 
is guaranteed by the Federal Government: Provided fur-
ther, That pursuant to section 1702(b)(2) of the Energy 
Policy Act of 2005, no appropriations are available to pay 
the subsidy cost of such guarantees: Provided further, 
That for necessary administrative expenses to carry out 
this Loan Guarantee program, $19,880,000 is appro-
priated, to remain available until expended: Provided fur-
ther, 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 collections to this account to cover 
administrative expenses and shall remain available until 
expended, so as to result in a final fiscal year 2009 appro-
priations 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 sub-
mitted to the Committees on Appropriations of the House 
of Representatives and the Senate a loan guarantee imple-
mentation 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 
projects where funds, personnel, or property (tangible or 
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intangible) of any Federal agency, instrumentality, per-
sonnel or affiliated entity are expected to be used (directly 
or indirectly) through acquisitions, contracts, demonstra-
tions, exchanges, grants, incentives, 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 proviso 
shall not be interpreted as precluding the use of the loan 
guarantee authority in this Act for commitments to guar-
antee loans for projects as a result of such projects bene-
fiting 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 consider-
ation for all uses is (i) paid exclusively in cash, (ii) depos-
ited in the Treasury as offsetting receipts, and (iii) equal 
to the fair market 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 Marketing Administration or the Ten-
nessee Valley Authority that have been authorized, ap-
proved, 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 Office 
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of Management and Budget has certified in advance in 
writing that the loan guarantee and the project comply 
with the provisions under this title. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
not 
to 
exceed 
$30,000, 
$272,643,000, to remain available until expended, plus 
such additional amounts as necessary to cover increases 
in the estimated amount of cost of work for others not-
withstanding the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.): Provided, That such increases in 
cost of work are offset by revenue increases of the same 
or greater amount, to remain available until expended: 
Provided further, That moneys received by the Department 
for 
miscellaneous 
revenues 
estimated 
to 
total 
$117,317,000 in fiscal year 2009 may be retained and 
used for operating expenses within this account, and may 
remain available until expended, as authorized by section 
201 of Public Law 95–238, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein 
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