§17012 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must create a program that guarantees loans from private lenders to build facilities that make advanced vehicle batteries and related systems in the United States. The Secretary can approve a guarantee only if the borrower cannot get a loan on reasonable terms otherwise, the borrower looks able to pay the loan back and puts up good security, and the loan’s interest rate is set by the Secretary using current U.S. government bond yields for similar loan terms. The Secretary will prefer projects that have needed permits, are likely to succeed, and serve areas with the greatest need. Loans cannot run longer than 20 years and cannot be changed without the Secretary’s OK. Applicants must provide repayment assurance equal to at least 20% of the loan. Recipients must pay fees to cover the Secretary’s administrative costs. The United States government guarantees the guarantees, and once a loan is guaranteed that guarantee is final and cannot be contested by the loan holder. The Secretary must report to Congress each year until each guaranteed loan is fully repaid. Money may be appropriated as needed to run the program. The Secretary’s power to make these guarantees ends 10 years after December 19, 2007.

Title 42, §17012

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

(a)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)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)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)A loan guaranteed under subsection (a) shall have a maturity of not more than 20 years.

(e)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)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)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)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)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)There are authorized to be appropriated such sums as are necessary to carry out this section.

(k)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.

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.

§17012 Advanced Battery Loan Guarantee Program

Summary

Title 42, §17012

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata