I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Advanced Technology 

5 Vehicles Manufacturing Future Act of 2021’’ or the 

6 ‘‘ATVM Future Act’’. 

7 SEC. 2. ADVANCED TECHNOLOGY VEHICLES MANUFAC8 TURING INCENTIVE PROGRAM. 

9 Section 136 of the Energy Independence and Security 

10 Act of 2007 (42 U.S.C. 17013) is amended— 


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1 (1) in subsection (a)— 

2 (A) by amending paragraph (1) to read as 

3 follows: 

4 ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 

5 term ‘advanced technology vehicle’ means— 

6 ‘‘(A) an ultra efficient vehicle; 

7 ‘‘(B) a light-duty vehicle or medium-duty 

8 passenger vehicle that— 

9 ‘‘(i) meets the Bin 160 Tier III emis10 sion standard established in regulations 

11 issued by the Administrator of the Envi12 ronmental Protection Agency under section 

13 202(i) of the Clean Air Act (42 U.S.C. 

14 7521(i)), or a lower-numbered Bin emis15 sion standard; 

16 ‘‘(ii) meets any new emission standard 

17 in effect for fine particulate matter pre18 scribed by the Administrator under that 

19 Act (42 U.S.C. 7401 et seq.); and 

20 ‘‘(iii) either— 

21 ‘‘(I) complies with the applicable 

22 regulatory standard for emissions of 

23 greenhouse gases for model year 2027 

24 or later; or 


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1 ‘‘(II) emits zero emissions of 

2 greenhouse gases; or 

3 ‘‘(C) a heavy-duty vehicle (excluding a me4 dium-duty passenger vehicle) that— 

5 ‘‘(i) demonstrates achievement below 

6 the applicable regulatory standards for 

7 emissions of greenhouse gases for model 

8 year 2027 vehicles promulgated by the Ad9 ministrator on October 25, 2016 (81 Fed. 

10 Reg. 73478); 

11 ‘‘(ii) complies with the applicable reg12 ulatory standard for emissions of green13 house gases for model year 2030 or later; 

14 or 

15 ‘‘(iii) emits zero emissions of green16 house gases.’’; 

17 (B) by striking paragraph (2) and redesig18 nating paragraph (3) as paragraph (2); 

19 (C) by striking paragraph (4) and insert20 ing the following: 

21 ‘‘(3) QUALIFYING COMPONENT.—The term 

22 ‘qualifying component’ means a material, technology, 

23 component, system, or subsystem in an advanced 

24 technology vehicle, including an ultra-efficient com25 ponent. 


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1 ‘‘(4) ULTRA-EFFICIENT COMPONENT.—The 

2 term ‘ultra-efficient component’ means— 

3 ‘‘(A) a component of an ultra efficient ve4 hicle; 

5 ‘‘(B) fuel cell technology; 

6 ‘‘(C) battery technology, including a bat7 tery cell, battery, battery management system, 

8 or thermal control system; 

9 ‘‘(D) an automotive semiconductor or com10 puter; 

11 ‘‘(E) an electric motor, axle, or component; 

12 and 

13 ‘‘(F) an advanced lightweight, high14 strength, or high-performance material.’’; and 

15 (D) in paragraph (5)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘or’’ at the end; 

18 (ii) in subparagraph (C), by striking 

19 the period at the end and inserting ‘‘; or’’; 

20 and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(D) at least 75 miles per gallon equiva24 lent while operating as a hydrogen fuel cell elec25 tric vehicle.’’; 


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1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL4 ITY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall provide 

6 facility funding awards under this section to ad7 vanced technology vehicle manufacturers and compo8 nent suppliers to pay not more than 50 percent of 

9 the cost of— 

10 ‘‘(A) reequipping, expanding, or estab11 lishing a manufacturing facility in the United 

12 States to produce— 

13 ‘‘(i) advanced technology vehicles; or 

14 ‘‘(ii) qualifying components; and 

15 ‘‘(B) engineering integration performed in 

16 the United States of advanced technology vehi17 cles and qualifying components. 

18 ‘‘(2) ULTRA-EFFICIENT COMPONENTS COST

19 SHARE.—Notwithstanding paragraph (1), a facility 

20 funding award under such paragraph may pay not 

21 more than 80 percent of the cost of a project to 

22 reequip, expand, or establish a manufacturing facil23 ity in the United States to produce ultra-efficient 

24 components.’’; 


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1 (3) in subsection (c), by striking ‘‘2020’’ and 

2 inserting ‘‘2031’’ each place it appears; 

3 (4) in subsection (d)— 

4 (A) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) APPLICATION.—An applicant for a loan 

7 under this subsection shall submit to the Secretary 

8 an application at such time, in such manner, and 

9 containing such information as the Secretary may 

10 require, including— 

11 ‘‘(A) a written assurance that all laborers 

12 and mechanics employed by contractors or sub13 contractors during construction, alteration, or 

14 repair, or at any manufacturing operation, that 

15 is financed, in whole or in part, by a loan under 

16 this section shall be paid wages at rates not less 

17 than those prevailing in a similar firm or on 

18 similar construction in the locality, as deter19 mined by the Secretary of Labor in accordance 

20 with subchapter IV of chapter 31 of title 40, 

21 United States Code; 

22 ‘‘(B) a disclosure of whether there has 

23 been any administrative merits determination, 

24 arbitral award or decision, or civil judgment, as 

25 defined in guidance issued by the Secretary of 


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1 Labor, rendered against the applicant in the 

2 preceding 3 years for violations of applicable 

3 labor, employment, civil rights, or health and 

4 safety laws; 

5 ‘‘(C) specific information regarding the ac6 tions the applicant will take to demonstrate 

7 compliance with, and where possible exceedance 

8 of, requirements under applicable labor, employ9 ment, civil rights, and health and safety laws, 

10 and actions the applicant will take to ensure 

11 that its direct suppliers demonstrate compliance 

12 with applicable labor, employment, civil rights, 

13 and health and safety laws; and 

14 ‘‘(D) an estimate and description of the 

15 jobs and types of jobs to be retained or created 

16 by the project and the specific actions the appli17 cant will take to increase employment and re18 tention of dislocated workers, veterans, individ19 uals from low-income communities, women, mi20 norities, and other groups underrepresented in 

21 manufacturing, and individuals with a barrier 

22 to employment.’’; 

23 (B) by amending paragraph (3) to read as 

24 follows: 

25 ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 select eligible projects to receive loans under 

3 this subsection in cases in which the Secretary 

4 determines— 

5 ‘‘(i) the loan recipient— 

6 ‘‘(I) has a reasonable prospect of 

7 repaying the principal and interest on 

8 the loan; 

9 ‘‘(II) will provide sufficient infor10 mation to the Secretary for the Sec11 retary to ensure that the qualified in12 vestment is expended efficiently and 

13 effectively; and 

14 ‘‘(III) has met such other criteria 

15 as may be established and published 

16 by the Secretary; and 

17 ‘‘(ii) the amount of the loan (when 

18 combined with amounts available to the 

19 loan recipient from other sources) will be 

20 sufficient to carry out the project. 

21 ‘‘(B) REASONABLE PROSPECT OF REPAY22 MENT.—The Secretary shall base a determina23 tion of whether there is a reasonable prospect 

24 of repayment of the principal and interest on a 

25 loan under subparagraph (A) on a comprehenVerDate Sep 11 2014 01:44 May 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2308.IH H2308

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1 sive evaluation of whether the loan recipient has 

2 a reasonable prospect of repaying the principal 

3 and interest, including evaluation of— 

4 ‘‘(i) the strength of an eligible 

5 project’s contractual terms (if commer6 cially reasonably available); 

7 ‘‘(ii) the forecast of noncontractual 

8 cash flows supported by market projections 

9 from reputable sources, as determined by 

10 the Secretary; 

11 ‘‘(iii) cash sweeps and other structure 

12 enhancements; 

13 ‘‘(iv) the projected financial strength 

14 of the loan recipient at the time of loan 

15 close and projected throughout the loan 

16 term after the project is completed; 

17 ‘‘(v) the financial strength of the loan 

18 recipient’s investors and strategic partners, 

19 if applicable; and 

20 ‘‘(vi) other financial metrics and anal21 yses that are relied upon by the private 

22 lending community and nationally recog23 nized credit rating agencies, as determined 

24 appropriate by the Secretary.’’; and 

25 (C) in paragraph (4)— 


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1 (i) in subparagraph (B)(i), by striking 

2 ‘‘; and’’ and inserting ‘‘; or’’; 

3 (ii) in subparagraph (C), by striking 

4 ‘‘; and’’ and inserting a semicolon; 

5 (iii) in subparagraph (D), by striking 

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(E) shall be subject to the condition that 

11 the loan is not subordinate to other financing.’’; 

12 (5) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) REGULATIONS.—Not later than 6 months after 

15 the date of enactment of the Advanced Technology Vehi16 cles Manufacturing Future Act of 2021, the Secretary 

17 shall issue a final rule establishing regulations to carry 

18 out this section.’’; 

19 (6) by amending subsection (f) to read as fol20 lows: 

21 ‘‘(f) FEES.—The Secretary shall charge and collect 

22 fees for loans under this section in amounts the Secretary 

23 determines are sufficient to cover applicable administra24 tive expenses (including any costs associated with third25 party consultants engaged by the Secretary), which may 


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1 not exceed $100,000 or 10 basis points of the loan and 

2 may not be collected prior to financial closing.’’; 

3 (7) by amending subsection (g) to read as fol4 lows: 

5 ‘‘(g) PRIORITY.—The Secretary shall, in making 

6 awards or loans to those manufacturers that have existing 

7 facilities (which may be idle), give priority to those facili8 ties that are or would be— 

9 ‘‘(1) oldest or in existence for at least 20 years; 

10 ‘‘(2) recently closed, or at risk of closure; 

11 ‘‘(3) utilized primarily for the manufacture of 

12 medium-duty passenger vehicles or other heavy-duty 

13 vehicles that emit zero greenhouse gas emissions; or 

14 ‘‘(4) utilized primarily for the manufacture of 

15 ultra-efficient components.’’; 

16 (8) in subsection (h)— 

17 (A) in the header, by striking ‘‘AUTO18 MOBILE’’ and inserting ‘‘ADVANCED TECH19 NOLOGY VEHICLE’’; and 

20 (B) in paragraph (1)(B), by striking 

21 ‘‘automobiles, or components of automobiles’’ 

22 and inserting ‘‘advanced technology vehicles, or 

23 components of advanced technology vehicles’’; 

24 (9) by striking subsection (i) and redesignating 

25 subsection (j) as subsection (i); and 


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1 (10) by adding at the end the following: 

2 ‘‘(j) COORDINATION.—In carrying out this section, 

3 the Secretary shall coordinate with relevant vehicle, bio4 energy, and hydrogen and fuel cell demonstration project 

5 activities supported by the Department. 

6 ‘‘(k) OUTREACH.—In carrying out this section, the 

7 Secretary shall— 

8 ‘‘(1) provide assistance with the completion of 

9 applications for awards or loans under this section; 

10 and 

11 ‘‘(2) conduct outreach, including through con12 ferences and online programs, to disseminate infor13 mation on awards and loans under this section to 

14 potential applicants. 

15 ‘‘(l) REPORT.—Not later than 2 years after the date 

16 of the enactment of this subsection, and every 3 years 

17 thereafter, the Secretary shall submit to Congress a report 

18 on the status of projects supported by a loan under this 

19 section, including— 

20 ‘‘(1) a list of projects receiving a loan under 

21 this section, including the loan amount and con22 struction status of each such project; 

23 ‘‘(2) the status of each project’s loan repay24 ment, including future repayment projections; 


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1 ‘‘(3) data regarding the number of direct and 

2 indirect jobs retained, restored, or created by fi3 nanced projects; 

4 ‘‘(4) the number of new projects projected to 

5 receive a loan under this section in the next 2 years 

6 and the aggregate loan amount; 

7 ‘‘(5) evaluation of ongoing compliance with the 

8 assurances and commitments and of the predictions 

9 made by applicants pursuant to subsection (d)(2); 

10 and 

11 ‘‘(6) any other metrics the Secretary finds ap12 propriate. 

13 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $10,000,000 for each of fiscal years 2022 through 2031.’’. 

Æ 


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