Are there restrictions in the Loan Guarantee Program for projects that are expected to be supported by, or provide goods or services to, other Federal entities?
The Omnibus Appropriations Act of 2009 contains a provision that prevents the making of loan guarantees under Section 1703 of Title XVII to support any project where funds, personnel or property of any Federal agency, instrumentality, personnel or affiliated entity are expected to be used, directly or indirectly, to support the project or obtain goods or services from the project, with limited specified exceptions.As an example, this restriction would apply to projects where off-take agreements are expected to be entered into with Federal entities, and, as a result, DOE would be unable to issue a loan guarantee under Section 1703 in support of such projects. The restriction does not apply to projects that receive the benefit of appropriated credit subsidy under Section 1705 of Title XVII.
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