The following lists documents that provide the statutory and legislative framework for the ATVM direct loan program.
ATVM GOVERNING DOCUMENTS:
• FOUNDATIONAL LEGISLATION, RULES, AND DOCUMENTS
• APPROPRIATIONS
• ADDITIONAL LEGAL REQUIREMENTS
• ATVM RELATED LINKS
FOUNDATIONAL LEGISLATION, RULES, AND DOCUMENTS
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Section 136 of the Energy Independence and Security Act of 2007, as amended, provides the authority of the U. S. Department of Energy Loan Programs Office (LPO) to issue loans to support the development of advanced technology vehicles and qualifying components. Such legislation is now codified at 42 USC 17013.
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT OF 2010
Section 312 of the Energy and Water Development and Related Agencies Appropriations Act of 2010 amends Section 136 of the Energy Independence and Security Act to include ultra-efficient vehicles within the definition of advanced technology vehicles. (H.R.3183, P.L. 111-85)
INTERIM FINAL RULE (10 CFR PART 611)
The Advanced Technology Vehicles Manufacturing (ATVM) loan program requires compliance with its Interim Final Rule (10 CFR Part 611, dated November 12, 2008), as amended and corrected. The Interim Final Rule, as amended, is available at the Electronic Code of Federal Regulations.
GUIDANCE
Updated Guidance for Applicants to Advanced Technology Vehicles Manufacturing loan program provides additional guidance for potential applicants.
ADDITIONAL INFORMATION
The ATVM loan program has also issued the following materials for potential applicants:
- A Technical Support Document regarding determination and calculation methods for “substantially similar attributes” under the ATVM Program.
- ATVM Program Application Overview (2014)
- ATVM Program Overview (2015)
APPROPRIATIONS ACT
Section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, P.L. 110-329
“SEC. 129. (a) Notwithstanding any other provision of this joint resolution, there is appropriated $7,510,000,000 for fiscal year 2009 for “Department of Energy–Energy Programs–Advanced Technology Vehicles Manufacturing Loan Program Account” for the cost of direct loans as authorized by section 136(d) of Energy Independence and Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17013 (d)), to remain available until expended. Of such amount, $10,000,000 shall be used for administrative expenses in carrying out the direct loan program. Commitments for direct loans using such amount shall not exceed $25,000,000,000 in total loan principal. The cost of such direct loans, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974.”
ADDITIONAL LEGAL REQUIREMENTS
CARGO PREFERENCE ACT
All projects that receive a loan under the ATVM loan program must comply with the Cargo Preference Act of 1954, which establishes certain requirements for the use of U.S. flagged vessels in the movement of cargo in international waters. These requirements may apply to shipments contracted for or made prior to receiving a loan. DOE urges applicants to contact the Maritime Administration directly to ensure that relevant project agreements provide for compliance with the Cargo Preference Act.
General information on cargo preference can be found at the Maritime Administration’s web site: www.marad.dot.gov/cargopreference. Potential applicants may also address questions on cargo preference to the Maritime Administration’s Office of Cargo Preference and Domestic Trade at (202) 366-4610 or via email to cargo.marad@dot.gov
DAVIS-BACON ACT
Loans under the ATVM loan program require that laborers and mechanics employed by contractors and subcontractors in the performance of construction (as defined in Department of Labor (DOL) regulations at 29 CFR 5.2(j)) financed in whole or in part by such loan guarantee be paid at rates not less than those prevailing on projects of a character similar in the locality of the project, as determined by the Secretary of Labor in accordance with the Davis Bacon Act (DBA).
Under DOL regulations at 29 CFR 5.5(a)(6), a borrower who receives a loan under the ATVM loan program is responsible for DBA compliance by all contractors and subcontractors. In accordance with DBA regulations at 29 CFR §1.6(g), the DBA must be complied with beginning with the construction of a project, regardless of when the issuance of the loan has occurred. As such, an applicant seeking a loan under the ATVM loan program for a project that has commenced such construction prior to the issuance of such loan will have to make any necessary wage adjustments no later than the closing of the loan. There is an exception if the Administrator of the Wage and Hour Division, Employment Standards Administration at DOL finds that (i) such relief is necessary and proper in the public interest to prevent injustice or undue hardship and (ii) there was no evidence of intent to apply for federal funding or assistance prior to the start of construction.
Please see the Department of Labor DBA website for more information and links to the DBA and its regulations: www.dol.gov/compliance/laws/comp-dbra.htm
ATVM RELATED LINKS
Federal Credit Reform Act
OMB Circular No. A-129 Revised (Policies for Federal Credit Programs)
OMB Circular No. A-11 Part 5 (Federal Credit Final Rule)