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LegalText 42 U.S.C. § 17012 Advanced battery loan guarantee program us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 152 ENERGY INDEPENDENCE AND SECURITY 17012 42 U.S.C. § 17012 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s17012 data/legal/raw/us/code/title-42/usc42.xml 13e4e5c2a41d8af3f9f6167e83d7d841b4be49e7e4931aef915632a437de61b1 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e aa7a285d220944679bffc1e24f08c382414f7fd8cef33a22e5da473e1fc972fb 2026-07-04 official
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42 U.S.C. § 17012 - Advanced battery loan guarantee program

Text

(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.

(Pub. L. 110140, title I, § 135, Dec. 19, 2007, 121 Stat. 1513.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.