Page:United States Statutes at Large Volume 121.djvu/1802

 PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1781

‘‘(b) ANNUAL ADJUSTMENT.—Each fee contribution under subsection (a) shall be effective for 1 fiscal year and shall be adjusted as necessary for each fiscal year thereafter to ensure that amounts under subsection (a) are fully used. The fee contribution for a fiscal year shall be based on the outstanding commitments made and the guarantees and grants that the Administrator projects will be made during that fiscal year, given the program level authorized by law for that fiscal year and any other factors that the Administrator determines appropriate.

Effective date.

‘‘SEC. 389. OPERATIONAL ASSISTANCE GRANTS.

15 USC 690h.

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‘‘(a) IN GENERAL.— ‘‘(1) AUTHORITY.—The Administrator may make grants to Renewable Fuel Capital Investment companies to provide operational assistance to smaller enterprises financed, or expected to be financed, by such companies or other entities. ‘‘(2) TERMS.—A grant under this subsection shall be made over a multiyear period not to exceed 10 years, under such other terms as the Administrator may require. ‘‘(3) GRANT AMOUNT.—The amount of a grant made under this subsection to a Renewable Fuel Capital Investment company shall be equal to the lesser of— ‘‘(A) 10 percent of the resources (in cash or in-kind) raised by the company under section 384(d)(2); or ‘‘(B) $1,000,000. ‘‘(4) PRO RATA REDUCTIONS.—If the amount made available to carry out this section is insufficient for the Administrator to provide grants in the amounts provided for in paragraph (3), the Administrator shall make pro rata reductions in the amounts otherwise payable to each company and entity under such paragraph. ‘‘(5) GRANTS TO CONDITIONALLY APPROVED COMPANIES.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and (C), upon the request of a company conditionally approved under section 384(c), the Administrator shall make a grant to the company under this subsection. ‘‘(B) REPAYMENT BY COMPANIES NOT APPROVED.—If a company receives a grant under this paragraph and does not enter into a participation agreement for final approval, the company shall, subject to controlling Federal law, repay the amount of the grant to the Administrator. ‘‘(C) DEDUCTION OF GRANT TO APPROVED COMPANY.— If a company receives a grant under this paragraph and receives final approval under section 384(e), the Administrator shall deduct the amount of the grant from the total grant amount the company receives for operational assistance. ‘‘(D) AMOUNT OF GRANT.—No company may receive a grant of more than $100,000 under this paragraph. ‘‘(b) SUPPLEMENTAL GRANTS.— ‘‘(1) IN GENERAL.—The Administrator may make supplemental grants to Renewable Fuel Capital Investment companies and to other entities, as authorized by this part, under such terms as the Administrator may require, to provide additional operational assistance to smaller enterprises financed, or expected to be financed, by the companies.

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