Page:United States Statutes at Large Volume 94 Part 1.djvu/727

 PUBLIC LAW 96-294—JUNE 30, 1980 Corporation as if it were an agency of the United States. All laborers and mechanics employed for the construction, repair, or alteration of sjnithetic fuel projects funded, in whole or in part, by the Corporation pursuant to section 132,133, or 136 of this part shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with the Act commonly known as the Davis-Bacon Act. The Corporation shall not extend any loan or loan guarantee for construction, repair or alteration of a synthetic fuel project unless a certification is provided to the Corporation prior to the commencement of construction, or at the time of filing an application for a loan or loan guarantee if construction has already commenced, that these labor standards will be maintained at the S3nithetic fuel project. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of title 40. (d) The securities laws of the United States as defined in section 21(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(g)) shall apply to the Corporation as if it were an agency or instrumentality of the United States. (e) The antitrust laws, as defined in section 12 of title 15, United States Code, shall apply to the Corporation as if it were an agency of the United States. (f) The Government Corporation Control Act (31 U.S.C. 841 et seq.) shall not apply with respect to the Corporation. (g) Except to the extent expressly provided herein, the Corporation shall not be deemed to be an agency of the United States or an instrumentality of the United States. (h) The Longshoremen's and Harbor Workers' Compensation Act shall apply with respect to the injury and disability or death resulting from injury as defined in section 2(2) of such Act occurring to any Director, officer, or employee of the Corporation. (i) Nothing in this part shall be deemed to limit the powers of the Energy Mobilization Board with respect to a sjmthetic fuel project or synthetic fuel project module receiving financial assistance under this part or Corporation construction projects. (j)(1) For purposes of section 211(b) of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3300), a petitioner under such section shall be deemed to have made the demonstrations required by section 211CD)(1) and section 2110t)X2) of such Act if he has entered into a legally valid agreement with a qusilified producer of synthetic fuel for the future delivery of sufficient quantities of synthetic fuel to be used at the facility for which the exemption is sought. The submission to the Secretary of Energy of evidence of the existence of such a legally valid agreement also shall be deemed to satisfy the requirement of section 2110)) of such Act that the petitioner file and maintain a compliance plan satisfying the requirements of section 2140b) of such Act. (2) For purposes of paragraph (1), a person shall be deemed to be a "qualified producer of S3mthetic fuel" if he received financial assistance in the form of a loan, loan guarantee, purchsise agreement, or price guarantee pursuant to subtitle D. (3) In addition, in order to constitute a "legally valid agreement" for purposes of paragraph (1), the agreement with the qualified sjnithetic fuel producer must provide for the intitial delivery of synthetic fuel within the period of time during which such facility is exempted pursuant to section 211(e) of such Act.

94 STAT. 677

^"APo^ ^^^' 40 USC 276a note.

5 USC app.

33 USC 902.

42 USC 8321.

Ante, p. 654.

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