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. 
Be it enacted by the Senate and House of Representa-
tives 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 MANUFAC-
TURING INCENTIVE PROGRAM. 
Section 136 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17013) is amended— 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
(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 emis-
sion standard established in regulations 
issued by the Administrator of the Envi-
ronmental Protection Agency under section 
202(i) of the Clean Air Act (42 U.S.C. 
7521(i)), or a lower-numbered Bin emis-
sion standard; 
‘‘(ii) meets any new emission standard 
in effect for fine particulate matter pre-
scribed 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 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(II) emits zero emissions of 
greenhouse gases; or 
‘‘(C) a heavy-duty vehicle (excluding a me-
dium-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 Ad-
ministrator on October 25, 2016 (81 Fed. 
Reg. 73478); 
‘‘(ii) complies with the applicable reg-
ulatory standard for emissions of green-
house gases for model year 2030 or later; 
or 
‘‘(iii) emits zero emissions of green-
house gases.’’; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); 
(C) by striking paragraph (4) and insert-
ing 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 com-
ponent. 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(4) 
ULTRA-EFFICIENT
COMPONENT.—The 
term ‘ultra-efficient component’ means— 
‘‘(A) a component of an ultra efficient ve-
hicle; 
‘‘(B) fuel cell technology; 
‘‘(C) battery technology, including a bat-
tery cell, battery, battery management system, 
or thermal control system; 
‘‘(D) an automotive semiconductor or com-
puter; 
‘‘(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 fol-
lowing: 
‘‘(D) at least 75 miles per gallon equiva-
lent while operating as a hydrogen fuel cell elec-
tric vehicle.’’; 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL-
ITY.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
facility funding awards under this section to ad-
vanced technology vehicle manufacturers and compo-
nent suppliers to pay not more than 50 percent of 
the cost of— 
‘‘(A) reequipping, expanding, or estab-
lishing 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 vehi-
cles 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 facil-
ity in the United States to produce ultra-efficient 
components.’’; 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
(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 sub-
contractors 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 deter-
mined 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 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
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 ac-
tions the applicant will take to demonstrate 
compliance with, and where possible exceedance 
of, requirements under applicable labor, employ-
ment, 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 appli-
cant will take to increase employment and re-
tention of dislocated workers, veterans, individ-
uals from low-income communities, women, mi-
norities, 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.— 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 infor-
mation to the Secretary for the Sec-
retary to ensure that the qualified in-
vestment 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 REPAY-
MENT.—The Secretary shall base a determina-
tion of whether there is a reasonable prospect 
of repayment of the principal and interest on a 
loan under subparagraph (A) on a comprehen-
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
sive 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 commer-
cially 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 anal-
yses that are relied upon by the private 
lending community and nationally recog-
nized credit rating agencies, as determined 
appropriate by the Secretary.’’; and 
(C) in paragraph (4)— 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
(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 fol-
lowing: 
‘‘(E) shall be subject to the condition that 
the loan is not subordinate to other financing.’’; 
(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) REGULATIONS.—Not later than 6 months after 
the date of enactment of the Advanced Technology Vehi-
cles 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 fol-
lows: 
‘‘(f) FEES.—The Secretary shall charge and collect 
fees for loans under this section in amounts the Secretary 
determines are sufficient to cover applicable administra-
tive expenses (including any costs associated with third- 
party consultants engaged by the Secretary), which may 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
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 fol-
lows: 
‘‘(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 facili-
ties 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 ‘‘AUTO-
MOBILE’’ and inserting ‘‘ADVANCED
TECH-
NOLOGY 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 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
(10) by adding at the end the following: 
‘‘(j) COORDINATION.—In carrying out this section, 
the Secretary shall coordinate with relevant vehicle, bio-
energy, 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 con-
ferences and online programs, to disseminate infor-
mation 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 con-
struction status of each such project; 
‘‘(2) the status of each project’s loan repay-
ment, including future repayment projections; 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(3) data regarding the number of direct and 
indirect jobs retained, restored, or created by fi-
nanced 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 ap-
propriate. 
‘‘(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.’’. 
Æ 
VerDate Sep 11 2014 
01:44 May 26, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H2308.IH
H2308
pbinns on DSKJLVW7X2PROD with BILLS