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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 152. ENERGY INDEPENDENCE AND SECURITY |
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SubChapter I. IMPROVED VEHICLE TECHNOLOGY |
§ 17013. Advanced technology vehicles manufacturing incentive program
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(a) Definitions In this section: (1) Advanced technology vehicle The term “advanced technology vehicle” means an ultra efficient vehicle or a light duty vehicle that meets— (A) the Bin 5 Tier II 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; (B) 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 (C) at least 125 percent of the average base year combined fuel economy for vehicles with substantially similar attributes. (2) Combined fuel economy The term “combined fuel economy” means— (A) the combined city/highway miles per gallon values, as reported in accordance with section 32904 of title 49; and (B) in the case of an electric drive vehicle with the ability to recharge from an off-board source, the reported mileage, as determined in a manner consistent with the Society of Automotive Engineers recommended practice for that configuration or a similar practice recommended by the Secretary. (3) Engineering integration costs The term “engineering integration costs” includes the cost of engineering tasks relating to— (A) incorporating qualifying components into the design of advanced technology vehicles; and (B) designing tooling and equipment and developing manufacturing processes and material suppliers for production facilities that produce qualifying components or advanced technology vehicles. (4) Qualifying components The term “qualifying components” means components that the Secretary determines to be— (A) designed for advanced technology vehicles; and (B) installed for the purpose of meeting the performance requirements of advanced technology vehicles. (5) Ultra efficient vehicle The term “ultra efficient vehicle” means a fully closed compartment vehicle designed to carry at least 2 adult passengers that achieves— (A) at least 75 miles per gallon while operating on gasoline or diesel fuel; (B) at least 75 miles per gallon equivalent while operating as a hybrid electric-gasoline or electric-diesel vehicle; or (C) at least 75 miles per gallon equivalent while operating as a fully electric vehicle. (b) Advanced vehicles manufacturing facility The Secretary shall provide facility funding awards under this section to automobile manufacturers, ultra efficient vehicle manufacturers, and component suppliers to pay not more than 30 percent of the cost of— (1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce— (A) qualifying advanced technology vehicles; (B) qualifying components; or (C) ultra efficient vehicles; and (2) engineering integration performed in the United States of qualifying vehicles, ultra efficient vehicles, and qualifying components. (c) Period of availability An award under subsection (b) shall apply to— (1) facilities and equipment placed in service before December 30, 2020 ; and(2) engineering integration costs incurred during the period beginning on December 19, 2007 , and ending onDecember 30, 2020 .(d) Direct loan program (1) In general Not later than 1 year after
December 19, 2007 , and subject to the availability of appropriated funds, the Secretary shall carry out a program to provide a total of not more than $25,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities described in subsection (b). The loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. The full credit subsidy shall be paid by the Secretary using appropriated funds.(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 written assurance that— (A) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair 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 on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40; and (B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40. (3) Selection of eligible projects The Secretary shall select eligible projects to receive loans under this subsection in cases in which, as determined by the Secretary, the award recipient— (A) is financially viable without the receipt of additional Federal funding associated with the proposed project; (B) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and (C) has met such other criteria as may be established and published by the Secretary. (4) Rates, terms, and repayment of loans A loan provided under this subsection— (A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of— (i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; and title 5. (3) The Secretary may retain such consultants as the Secretary deems necessary to the discharge of the functions required by this section, pursuant to section 1901 of title 41.
References In Text
The Clean Air Act, referred to in subsec. (a)(1)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (d)(2)(B), is set out in the Appendix to Title 5, Government Organization and Employees.
Codification
In subsec. (j)(3), “section 1901 of title 41” substituted for “section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427)” on authority of Pub. L. 111–350, § 6(c),
Amendments
2009—Subsec. (a)(1). Pub. L. 111–85, § 312(a)(1)(A), inserted “an ultra efficient vehicle or” after “means” in introductory provisions.
Subsec. (a)(5). Pub. L. 111–85, § 312(a)(1)(B), added par. (5).
Subsec. (b). Pub. L. 111–85, § 312(a)(2)(A), inserted “, ultra efficient vehicle manufacturers,” after “automobile manufacturers” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 111–85, § 312(a)(2)(B), added subpar. (C).
Subsec. (b)(2). Pub. L. 111–85, § 312(a)(2)(C), inserted “, ultra efficient vehicles,” after “qualifying vehicles”.
Subsec. (g). Pub. L. 111–85, § 312(a)(3), inserted “or are utilized primarily for the manufacture of ultra efficient vehicles” after “20 years”.
Subsec. (h)(1)(B). Pub. L. 111–85, § 312(a)(4), substituted “ultra efficient vehicles, automobiles,” for “automobiles”.
2008—Subsec. (d)(1). Pub. L. 110–329, § 129(c)(1), inserted at end “The loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. The full credit subsidy shall be paid by the Secretary using appropriated funds.”
Subsec. (e). Pub. L. 110–329, § 129(c)(2), substituted “Not later than 60 days after
Subsec. (j). Pub. L. 110–329, § 129(c)(3), added subsec. (j).
Miscellaneous
Pub. L. 111–85, title III, § 312(b),