Title 42, The Public Health and WelfareRelease 119-110

§17012 Advanced Battery Loan Guarantee Program

Title 42 › CHAPTER 152 — ENERGY INDEPENDENCE AND SECURITY › SUBCHAPTER I — IMPROVED VEHICLE TECHNOLOGY › § 17012

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up a program to guarantee private loans for building factories in the United States that make advanced vehicle batteries and related systems, including advanced lithium‑ion batteries, hybrid electrical parts, and software. The Secretary can only guarantee a loan if the borrower cannot get reasonable credit otherwise, the borrower looks able to repay and offers good security, and the loan’s interest rate is judged reasonable compared to similar U.S. debt. The Secretary will favor projects that have required permits, are likely to succeed, and serve areas with the greatest need. Guaranteed loans may not be longer than 20 years. Loan terms cannot be changed without the Secretary’s agreement. Borrowers must provide repayment backing equal to at least 20 percent of the loan (for example, a bond, insurance, or collateral) and must pay a fee to cover the Secretary’s costs. The U.S. government backs these guarantees, and a guarantee is final and cannot be contested by a loan holder. The Secretary must report to Congress each year until each guaranteed loan is repaid. Congress may appropriate whatever sums are needed to run the program. The Secretary’s power to make guarantees ends 10 years after December 19, 2007 (December 19, 2017).

Full Legal Text

Title 42, §17012

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment of program
The Secretary shall establish a program to provide guarantees of loans by private institutions for the construction of facilities for the manufacture of advanced vehicle batteries and battery systems that are developed and produced in the United States, including advanced lithium ion batteries and hybrid electrical system and component manufacturers and software designers.
(b)Requirements
The Secretary may provide a loan guarantee under subsection (a) to an applicant if—
(1)without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (a);
(2)the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and
(3)the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
(c)Criteria
In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that—
(1)meet all applicable Federal and State permitting requirements;
(2)are most likely to be successful; and
(3)are located in local markets that have the greatest need for the facility.
(d)Maturity
A loan guaranteed under subsection (a) shall have a maturity of not more than 20 years.
(e)Terms and conditions
The loan agreement for a loan guaranteed under subsection (a) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary.
(f)Assurance of repayment
The Secretary shall require that an applicant for a loan guarantee under subsection (a) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.
(g)Guarantee fee
The recipient of a loan guarantee under subsection (a) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.
(h)Full faith and credit
The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan.
(i)Reports
Until each guaranteed loan under this section has been repaid in full, the Secretary shall annually submit to Congress a report on the activities of the Secretary under this section.
(j)Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(k)Termination of authority
The authority of the Secretary to issue a loan guarantee under subsection (a) terminates on the date that is 10 years after December 19, 2007.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 17012

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110