[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2308 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2308
To revise the advanced technology vehicles manufacturing incentive
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2021
Mrs. Dingell (for herself and Ms. Brownley) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To revise the advanced technology vehicles manufacturing incentive
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Technology Vehicles
Manufacturing Future Act of 2021'' or the ``ATVM Future Act''.
SEC. 2. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
Section 136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Advanced technology vehicle.--The term `advanced
technology vehicle' means--
``(A) an ultra efficient vehicle;
``(B) a light-duty vehicle or medium-duty passenger
vehicle that--
``(i) meets the Bin 160 Tier III emission
standard established in regulations issued by
the Administrator of the Environmental
Protection Agency under section 202(i) of the
Clean Air Act (42 U.S.C. 7521(i)), or a lower-
numbered Bin emission standard;
``(ii) meets any new emission standard in
effect for fine particulate matter prescribed
by the Administrator under that Act (42 U.S.C.
7401 et seq.); and
``(iii) either--
``(I) complies with the applicable
regulatory standard for emissions of
greenhouse gases for model year 2027 or
later; or
``(II) emits zero emissions of
greenhouse gases; or
``(C) a heavy-duty vehicle (excluding a medium-duty
passenger vehicle) that--
``(i) demonstrates achievement below the
applicable regulatory standards for emissions
of greenhouse gases for model year 2027
vehicles promulgated by the Administrator on
October 25, 2016 (81 Fed. Reg. 73478);
``(ii) complies with the applicable
regulatory standard for emissions of greenhouse
gases for model year 2030 or later; or
``(iii) emits zero emissions of greenhouse
gases.'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(C) by striking paragraph (4) and inserting the
following:
``(3) Qualifying component.--The term `qualifying
component' means a material, technology, component, system, or
subsystem in an advanced technology vehicle, including an
ultra-efficient component.
``(4) Ultra-efficient component.--The term `ultra-efficient
component' means--
``(A) a component of an ultra efficient vehicle;
``(B) fuel cell technology;
``(C) battery technology, including a battery cell,
battery, battery management system, or thermal control
system;
``(D) an automotive semiconductor or computer;
``(E) an electric motor, axle, or component; and
``(F) an advanced lightweight, high-strength, or
high-performance material.''; and
(D) in paragraph (5)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(D) at least 75 miles per gallon equivalent while
operating as a hydrogen fuel cell electric vehicle.'';
(2) by amending subsection (b) to read as follows:
``(b) Advanced Vehicles Manufacturing Facility.--
``(1) In general.--The Secretary shall provide facility
funding awards under this section to advanced technology
vehicle manufacturers and component suppliers to pay not more
than 50 percent of the cost of--
``(A) reequipping, expanding, or establishing a
manufacturing facility in the United States to
produce--
``(i) advanced technology vehicles; or
``(ii) qualifying components; and
``(B) engineering integration performed in the
United States of advanced technology vehicles and
qualifying components.
``(2) Ultra-efficient components cost share.--
Notwithstanding paragraph (1), a facility funding award under
such paragraph may pay not more than 80 percent of the cost of
a project to reequip, expand, or establish a manufacturing
facility in the United States to produce ultra-efficient
components.'';
(3) in subsection (c), by striking ``2020'' and inserting
``2031'' each place it appears;
(4) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) Application.--An applicant for a loan under this
subsection shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including--
``(A) a written assurance that all laborers and
mechanics employed by contractors or subcontractors
during construction, alteration, or repair, or at any
manufacturing operation, that is financed, in whole or
in part, by a loan under this section shall be paid
wages at rates not less than those prevailing in a
similar firm or on similar construction in the
locality, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title
40, United States Code;
``(B) a disclosure of whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
applicant in the preceding 3 years for violations of
applicable labor, employment, civil rights, or health
and safety laws;
``(C) specific information regarding the actions
the applicant will take to demonstrate compliance with,
and where possible exceedance of, requirements under
applicable labor, employment, civil rights, and health
and safety laws, and actions the applicant will take to
ensure that its direct suppliers demonstrate compliance
with applicable labor, employment, civil rights, and
health and safety laws; and
``(D) an estimate and description of the jobs and
types of jobs to be retained or created by the project
and the specific actions the applicant will take to
increase employment and retention of dislocated
workers, veterans, individuals from low-income
communities, women, minorities, and other groups
underrepresented in manufacturing, and individuals with
a barrier to employment.'';
(B) by amending paragraph (3) to read as follows:
``(3) Selection of eligible projects.--
``(A) In general.--The Secretary shall select
eligible projects to receive loans under this
subsection in cases in which the Secretary determines--
``(i) the loan recipient--
``(I) has a reasonable prospect of
repaying the principal and interest on
the loan;
``(II) will provide sufficient
information to the Secretary for the
Secretary to ensure that the qualified
investment is expended efficiently and
effectively; and
``(III) has met such other criteria
as may be established and published by
the Secretary; and
``(ii) the amount of the loan (when
combined with amounts available to the loan
recipient from other sources) will be
sufficient to carry out the project.
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is a reasonable prospect of repayment of the principal
and interest on a loan under subparagraph (A) on a
comprehensive evaluation of whether the loan recipient
has a reasonable prospect of repaying the principal and
interest, including evaluation of--
``(i) the strength of an eligible project's
contractual terms (if commercially reasonably
available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of
the loan recipient at the time of loan close
and projected throughout the loan term after
the project is completed;
``(v) the financial strength of the loan
recipient's investors and strategic partners,
if applicable; and
``(vi) other financial metrics and analyses
that are relied upon by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.''; and
(C) in paragraph (4)--
(i) in subparagraph (B)(i), by striking ``;
and'' and inserting ``; or'';
(ii) in subparagraph (C), by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(E) shall be subject to the condition that the
loan is not subordinate to other financing.'';
(5) by amending subsection (e) to read as follows:
``(e) Regulations.--Not later than 6 months after the date of
enactment of the Advanced Technology Vehicles Manufacturing Future Act
of 2021, the Secretary shall issue a final rule establishing
regulations to carry out this section.'';
(6) by amending subsection (f) to read as follows:
``(f) Fees.--The Secretary shall charge and collect fees for loans
under this section in amounts the Secretary determines are sufficient
to cover applicable administrative expenses (including any costs
associated with third-party consultants engaged by the Secretary),
which may not exceed $100,000 or 10 basis points of the loan and may
not be collected prior to financial closing.'';
(7) by amending subsection (g) to read as follows:
``(g) Priority.--The Secretary shall, in making awards or loans to
those manufacturers that have existing facilities (which may be idle),
give priority to those facilities that are or would be--
``(1) oldest or in existence for at least 20 years;
``(2) recently closed, or at risk of closure;
``(3) utilized primarily for the manufacture of medium-duty
passenger vehicles or other heavy-duty vehicles that emit zero
greenhouse gas emissions; or
``(4) utilized primarily for the manufacture of ultra-
efficient components.'';
(8) in subsection (h)--
(A) in the header, by striking ``Automobile'' and
inserting ``Advanced Technology Vehicle''; and
(B) in paragraph (1)(B), by striking ``automobiles,
or components of automobiles'' and inserting ``advanced
technology vehicles, or components of advanced
technology vehicles'';
(9) by striking subsection (i) and redesignating subsection
(j) as subsection (i); and
(10) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen and
fuel cell demonstration project activities supported by the Department.
``(k) Outreach.--In carrying out this section, the Secretary
shall--
``(1) provide assistance with the completion of
applications for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and loans
under this section to potential applicants.
``(l) Report.--Not later than 2 years after the date of the
enactment of this subsection, and every 3 years thereafter, the
Secretary shall submit to Congress a report on the status of projects
supported by a loan under this section, including--
``(1) a list of projects receiving a loan under this
section, including the loan amount and construction status of
each such project;
``(2) the status of each project's loan repayment,
including future repayment projections;
``(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
``(4) the number of new projects projected to receive a
loan under this section in the next 2 years and the aggregate
loan amount;
``(5) evaluation of ongoing compliance with the assurances
and commitments and of the predictions made by applicants
pursuant to subsection (d)(2); and
``(6) any other metrics the Secretary finds appropriate.
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2031.''.
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