Page:United States Statutes at Large Volume 114 Part 3.djvu/112

 114 STAT. 1654A-70 PUBLIC LAW 106-398—APPENDIX "(B) use procedures that are authorized to be used under section 2304(c)(5) of this title when the contractor or subcontractor is a source specified in law. "(b) CONSIDERATION FOR USE. —(1) To the extent provided in a contract entered into under this section for the use of property at an eligible facility that is accountable under the contract, the Secretary may accept consideration for such use that is, in whole or in part, in a form other than— "(A) rental payments; or "(B) revenue generated at the facility. "(2) Forms of consideration acceptable under paragraph (1) for a use of an eligible facility or any property at an eligible facility include the following: "(A) The improvement, maintenance, protection, repair, and restoration of the facility, the property, or any property within the boundaries of the installation where the facility is located. "(B) Reductions in overhead costs. "(C) Reductions in product cost. "(3) The authority under paragraph (1) may be exercised without regard to section 3302(b) of title 31 and any other provision of law. "§ 4555. ARMS Initiative loan guarantee program "(a) PROGRAM AUTHORIZED. —Subject to subsection (b), the Secretary may carry out a loan guarantee program to encourage commercial firms to use eligible facilities under this chapter. Under any such program, the Secretary may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity to use an eligible facility under this chapter. "(b) ADVANCED BUDGET AUTHORITY. —Loan guarantees under this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). "(c) PROGRAM ADMINISTRATION.—(1) The Secretary may enter into an agreement with any of the officials named in paragraph (2) under which that official may, for the purposes of this section— "(A) process applications for loan guarantees; "(B) guarantee repayment of loans; and "(C) provide any other services to the Secretary to administer the loan guarantee program. "(2) The officials referred to in paragraph (1) are as follows: "(A) The Administrator of the Small Business Administration. "(B) The head of any appropriate agency in the Department of Agriculture, including— "(i) the Administrator of the Farmers Home Administration; and "(ii) the Administrator of the Rural Development Administration. "(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.

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