1
 So in original. Probably should be “or”.
2
 So in original. Probably should be “points”.
of the loan.
3
 So in original. Probably should be “of such”.
title 5.
Editorial Notes
References in Text

The Clean Air Act, referred to in subsec. (a)(1)(A), 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. (i)(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), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2022—Subsec. (d)(1). Pub. L. 117–169 struck out “a total of not more than $25,000,000,000 in” after “to provide”.

Subsec. (l). Pub. L. 117–328 struck out subsec. (l). Text read as follows: “Amounts appropriated to the Secretary before November 15, 2021, shall not be available to the Secretary to provide awards under subsection (b) or loans under subsection (d) for the costs of activities that were not eligible for those awards or loans on the day before that date.”

2021—Subsec. (a)(1). Pub. L. 117–58, § 40401(b)(1), substituted “means—” for “means”, inserted subpar. (A) designation before “an ultra”, redesignated former subpars. (A) to (C) as cls. (i) to (iii) of subpar. (A), respectively, and added subpars. (B) to (F).

Subsec. (b). Pub. L. 117–58, § 40401(b)(3)(A), substituted “ultra efficient vehicle manufacturers, advanced technology vehicle manufacturers, and component suppliers” for “ultra efficient vehicle manufacturers, and component suppliers” in introductory provisions.

Subsec. (d)(3). Pub. L. 117–58, § 40401(b)(2)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “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.”

Subsec. (d)(4)(E). Pub. L. 117–58, § 40401(b)(2)(B), added subpar. (E).

Subsec. (d)(5). Pub. L. 117–58, § 40401(b)(4), added par. (5).

Subsec. (h). Pub. L. 117–58, § 40401(b)(3)(B)(i), substituted “advanced technology vehicle” for “automobile” in heading.

Subsec. (h)(1)(B). Pub. L. 117–58, § 40401(b)(3)(B)(ii), substituted “advanced technology vehicles, or components of advanced technology vehicles” for “automobiles, or components of automobiles”.

Subsecs. (i) to (m). Pub. L. 117–58, § 40401(b)(3)(C)–(E), added subsecs. (j) to (m), redesignated former subsec. (j) as (i), and struck out former subsec. (i). Prior to amendment, text of subsec. (i) read as follows: “There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.”

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 September 30, 2008, the Secretary shall promulgate an interim final rule establishing regulations that the Secretary deems necessary to administer this section and any loans made by the Secretary pursuant to this section. Such interim final rule shall require that,” for “The Secretary shall issue regulations that require that,”.

Subsec. (j). Pub. L. 110–329, § 129(c)(3), added subsec. (j).

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.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

Reconsideration of Prior Applications

Pub. L. 111–85, title III, § 312(b), Oct. 28, 2009, 123 Stat. 2875, provided that: “The Secretary of Energy shall reconsider applications for assistance under section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) that were—

“(1)
timely filed under that section before January 1, 2009;
“(2)
rejected on the basis that the vehicles to which the proposal related were not advanced technology vehicles; and
“(3)
related to ultra efficient vehicles.”