[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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