II 

117TH CONGRESS 

2D SESSION S. 4329 

To require the Secretary of Energy to carry out a program to provide 

grants and loans to support and expand the domestic solar component 

manufacturing supply chain, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2022 

Ms. CORTEZ MASTO (for herself, Mrs. FEINSTEIN, Mr. BROWN, and Ms. 

BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To require the Secretary of Energy to carry out a program 

to provide grants and loans to support and expand the 

domestic solar component manufacturing supply chain, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reclaiming the Solar 

5 Supply Chain Act of 2022’’. 

6 SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY 

7 CHAIN ASSISTANCE. 

8 (a) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4329 IS

1 (1) ADVANCED SOLAR TECHNOLOGY.—The 

2 term ‘‘advanced solar technology’’ means any new or 

3 emerging technology, system, or mechanism, or com4 ponent thereof, that uses solar radiation to generate 

5 electrical energy. 

6 (2) DIRECT CURRENT OPTIMIZER.—The term 

7 ‘‘direct current optimizer’’ means a product that 

8 converts direct current electricity from 1 or more 

9 solar modules or advanced solar technologies to a 

10 different direct current voltage that is matched to 

11 the input requirements of an inverter. 

12 (3) DIRECT LOAN.—The term ‘‘direct loan’’ has 

13 the meaning given the term in section 502 of the 

14 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

15 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means a private entity, including a manufac17 turer, or a partnership of private entities. 

18 (5) EMPLOYEE; EMPLOYER.—The terms ‘‘em19 ployee’’ and ‘‘employer’’ have the meanings given 

20 such terms in section 2 of the National Labor Rela21 tions Act (29 U.S.C. 152). 

22 (6) FORCED LABOR.—The term ‘‘forced labor’’ 

23 has the meaning given the term in section 307 of the 

24 Tariff Act of 1930 (19 U.S.C. 1307). 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4329 IS

1 (7) INTEGRATED MODULE.—The term ‘‘inte2 grated module’’ means a solar module produced by 

3 a single manufacturer through the conversion of a 

4 photovoltaic wafer or other semiconductor material 

5 into an end product that— 

6 (A) is suitable to generate electricity when 

7 exposed to sunlight; and 

8 (B) is ready for installation without addi9 tional manufacturing processes. 

10 (8) INVERTER.—The term ‘‘inverter’’ means a 

11 product that converts direct current electricity from 

12 1 or more solar modules or advanced solar tech13 nologies into alternating current electricity. 

14 (9) LABOR ORGANIZATION.—The term ‘‘labor 

15 organization’’ has the meaning given the term in 

16 section 2 of the National Labor Relations Act (29 

17 U.S.C. 152). 

18 (10) PHOTOVOLTAIC CELL.—The term ‘‘photo19 voltaic cell’’ means the smallest semiconductor ele20 ment of a solar module that performs the immediate 

21 conversion of light into electricity. 

22 (11) PHOTOVOLTAIC WAFER.—The term ‘‘pho23 tovoltaic wafer’’ means a thin slice, sheet, or layer 

24 of semiconductor material of at least 240 square 

25 centimeters produced by a single manufacturer— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4329 IS

1 (A)(i) directly from molten solar grade 

2 polysilicon or deposition of solar grade thin film 

3 semiconductor photon absorber layer; or 

4 (ii) through formation of an ingot from 

5 molten polysilicon and subsequent slicing; and 

6 (B) that comprises the substrate or ab7 sorber layer of 1 or more photovoltaic cells. 

8 (12) PROGRAM.—The term ‘‘program’’ means 

9 the program established under subsection (c). 

10 (13) RACKING.—The term ‘‘racking’’ means a 

11 structural steel or aluminum support element, of any 

12 cross-section shape and that may be assembled from 

13 individually manufactured segments, spanning longi14 tudinally, on which solar modules are supported. 

15 (14) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Energy. 

17 (15) SOLAR COMPONENT.—The term ‘‘solar 

18 component’’ means— 

19 (A) an integrated module; 

20 (B) a photovoltaic cell; 

21 (C) a photovoltaic wafer; 

22 (D) solar grade polysilicon; 

23 (E) a solar module; 

24 (F) an inverter; 

25 (G) racking; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4329 IS

1 (H) a tracker; 

2 (I) a direct current optimizer; and 

3 (J) any advanced solar technology for 

4 which the Secretary has issued a written find5 ing under subsection (g). 

6 (16) SOLAR GRADE POLYSILICON.—The term 

7 ‘‘solar grade polysilicon’’ means silicon that— 

8 (A) is suitable for use in photovoltaic man9 ufacturing; and 

10 (B) is purified to a minimum purity of 

11 99.999999 percent silicon by mass. 

12 (17) SOLAR MODULE.—The term ‘‘solar mod13 ule’’ means the connection and lamination of photo14 voltaic cells into an environmentally protected final 

15 assembly that— 

16 (A) is suitable to generate electricity when 

17 exposed to sunlight; and 

18 (B) is ready for installation without an ad19 ditional manufacturing process. 

20 (18) TRACKER.—The term ‘‘tracker’’ means— 

21 (A) a structural steel support on which 

22 solar modules are supported; and 

23 (B) the mechanism by which that support 

24 is oriented to varying angles with respect to the 

25 position of the sun. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4329 IS

1 (19) TRADITIONAL SOLAR COMPONENT.—The 

2 term ‘‘traditional solar component’’ means— 

3 (A) an integrated module; 

4 (B) a photovoltaic cell; 

5 (C) a photovoltaic wafer; 

6 (D) solar grade polysilicon; and 

7 (E) a solar module. 

8 (b) FINDINGS.—Congress finds that it is in the inter9 est of the United States— 

10 (1) to have a viable solar component manufac11 turing supply chain; and 

12 (2) to reduce the reliance of United States 

13 manufacturers on solar components made in the 

14 People’s Republic of China. 

15 (c) ESTABLISHMENT.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary shall es17 tablish a program to award grants and direct loans to eli18 gible entities to carry out projects in the United States 

19 for— 

20 (1) the construction of new facilities that manu21 facture solar components; and 

22 (2) retooling, retrofitting, or expanding existing 

23 facilities that manufacture, or have the ability to 

24 manufacture, solar components. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4329 IS

1 (d) APPLICATION.—To be eligible to receive a grant 

2 or direct loan under the program, an eligible entity shall 

3 submit to the Secretary an application at such time, in 

4 such manner, and containing such information as the Sec5 retary may require. 

6 (e) SELECTION.—In awarding grants and direct 

7 loans under the program, the Secretary shall take into 

8 consideration whether a project proposed by an eligible en9 tity— 

10 (1) is strategically located near manufacturers 

11 in the solar component manufacturing supply chain 

12 to create a geographic concentration of manufactur13 ers in the solar component manufacturing supply 

14 chain; 

15 (2) has potential to materially reduce the reli16 ance of United States manufacturers on solar com17 ponents, including photovoltaic cells and photovoltaic 

18 wafers, made in the People’s Republic of China; 

19 (3) has potential for direct and indirect domes20 tic job creation, including jobs for low-income com21 munities, dislocated workers, and workers from 

22 groups that are underrepresented in the manufac23 turing industry; and 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4329 IS

1 (4) will result in economic development or eco2 nomic diversification in economically distressed re3 gions or localities. 

4 (f) DIRECT LOAN CONDITIONS.—A direct loan made 

5 under the program shall— 

6 (1) bear interest at a rate that does not exceed 

7 a level that the Secretary determines appropriate; 

8 and 

9 (2) be subject to such other terms and condi10 tions as the Secretary determines appropriate. 

11 (g) ADVANCED SOLAR TECHNOLOGY FINDING.—The 

12 Secretary may issue a written finding that an advanced 

13 solar technology has significant potential to reduce the re14 liance of United States manufacturers on traditional solar 

15 components made in the People’s Republic of China. 

16 (h) PROHIBITION.—In carrying out the program, the 

17 Secretary may not award a grant or direct loan for a 

18 project that will source solar components from, or supply 

19 solar components to, facilities that use forced labor. 

20 (i) COST SHARING FOR GRANTS.—Section 988(c) of 

21 the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) shall 

22 apply to a grant made under the program. 

23 (j) PREVAILING WAGES.— 

24 (1) IN GENERAL.—Any laborer or mechanic em25 ployed by any contractor or subcontractor in the 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4329 IS

1 performance of work funded directly, or assisted in 

2 whole or in part, by the Federal Government pursu3 ant to this section shall be paid wages at rates not 

4 less than those prevailing on work of a similar char5 acter in the locality, as determined by the Secretary 

6 of Labor, in accordance with subchapter IV of chap7 ter 31 of part A of subtitle II of title 40, United 

8 States Code (commonly referred to as the ‘‘Davis9 Bacon Act’’). 

10 (2) AUTHORITY.—With respect to the labor 

11 standards specified in paragraph (1), the Secretary 

12 of Labor shall have the authority and functions set 

13 forth in Reorganization Plan Numbered 14 of 1950 

14 (5 U.S.C. App.) and section 3145 of title 40, United 

15 States Code. 

16 (k) LABOR-MANAGEMENT COOPERATION.— 

17 (1) IN GENERAL.—Notwithstanding any con18 trary provision of law, including the National Labor 

19 Relations Act (29 U.S.C. 151 et seq.), this sub20 section shall apply with respect to any funding re21 cipient under this section who is an employer and 

22 any labor organization who represents, or seeks to 

23 represent, employees of such a funding recipient. 

24 (2) LABOR PEACE.—Any employer receiving 

25 funds under this section shall recognize for purposes 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4329 IS

1 of collective bargaining a labor organization that 

2 demonstrates that a majority of the employees in a 

3 unit appropriate for such purposes who perform or 

4 will perform work funded by this section have signed 

5 valid authorizations designating the labor organiza6 tion as their bargaining representative and that no 

7 other individual or labor organization is currently 

8 certified or recognized as the exclusive representative 

9 of any of the employees in the unit who perform or 

10 will perform such work pursuant to the National 

11 Labor Relations Act (29 U.S.C. 151 et seq.). Upon 

12 such showing of majority status, the employer shall 

13 notify the labor organization and the National Labor 

14 Relations Board that the employer— 

15 (A) has determined that the labor organi16 zation represents a majority of the employees in 

17 such unit who perform or will perform such 

18 work; and 

19 (B) is recognizing the labor organization 

20 as the exclusive representative of the employees 

21 in such unit who perform or will perform such 

22 work for the purposes of collective bargaining 

23 pursuant to section 9 of the National Labor Re24 lations Act (29 U.S.C. 159). 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4329 IS

1 (3) CERTIFICATION.—If a dispute over majority 

2 status or the appropriateness of the unit described 

3 in paragraph (2) arises between the employer and 

4 the labor organization, either party may request that 

5 the National Labor Relations Board investigate and 

6 resolve the dispute. If the Board finds that a major7 ity of the employees in a unit appropriate for pur8 poses of collective bargaining who perform or will 

9 perform work funded under this section has signed 

10 valid authorizations designating the labor organiza11 tion as their bargaining representative and that no 

12 other individual or labor organization is currently 

13 certified or recognized as the exclusive representative 

14 of any of the employees in the unit who perform or 

15 will perform such work pursuant to the National 

16 Labor Relations Act, the Board shall not direct an 

17 election but shall certify the labor organization as 

18 the representative described in section 9(a) of the 

19 National Labor Relations Act (29 U.S.C. 159(a)) 

20 with respect to such employees. 

21 (4) COMMENCEMENT OF COLLECTIVE BAR22 GAINING.—Not later than 10 days after an employer 

23 receiving funding under this section receives a writ24 ten request for collective bargaining from a recog25 nized or certified labor organization representing 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4329 IS

1 employees who perform or will perform work funded 

2 under this section, or within such period as the par3 ties agree upon, the labor organization and employer 

4 shall meet and commence to bargain collectively and 

5 shall make every reasonable effort to conclude and 

6 sign a collective bargaining agreement. 

7 (5) MEDIATION.—If the parties have failed to 

8 reach an agreement before the date that is 90 days 

9 after the date on which bargaining is commenced 

10 under paragraph (4), or any later date agreed upon 

11 by both parties, either party may notify the Federal 

12 Mediation and Conciliation Service of the existence 

13 of a dispute and request mediation. Upon receiving 

14 such a request, the Director of the Federal Medi15 ation and Conciliation Service shall promptly com16 municate with the parties and use best efforts, by 

17 mediation and conciliation, to bring them to agree18 ment. 

19 (6) ARBITRATION.— 

20 (A) IN GENERAL.—If the Federal Medi21 ation and Conciliation Service is not able to 

22 bring the parties to agreement by mediation or 

23 conciliation before the date that is 30 days after 

24 the date on which a request for mediation is 

25 made under paragraph (5), or any later date 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4329 IS

1 agreed upon by both parties, the Service shall 

2 refer the dispute to a tripartite arbitration 

3 panel established in accordance with such regu4 lations as may be prescribed by the Service. 

5 (B) MEMBERS.—A tripartite arbitration 

6 panel established under this paragraph with re7 spect to a dispute shall be composed of 1 mem8 ber selected by the labor organization, 1 mem9 ber selected by the employer, and 1 neutral 

10 member mutually agreed to by the parties. The 

11 labor organization and employer shall each se12 lect the members of the tripartite arbitration 

13 panel within 14 days of the Service’s referral. 

14 Any member not so selected by such date shall 

15 be selected by the Service. 

16 (C) DISPUTE SETTLEMENT.—A majority 

17 of a tripartite arbitration panel established 

18 under this paragraph with respect to a dispute 

19 shall render a decision settling the dispute as 

20 soon as practicable, and (absent extraordinary 

21 circumstances or by agreement or permission of 

22 the parties) not later than 120 days after the 

23 establishment of such panel. Such a decision 

24 shall be binding upon the parties for a period 

25 of 2 years, unless amended during such period 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4329 IS

1 by written consent of the parties. Such decision 

2 shall be based on— 

3 (i) the employer’s financial status and 

4 prospects; 

5 (ii) the size and type of the employer’s 

6 operations and business; 

7 (iii) the employees’ cost of living; 

8 (iv) the employees’ ability to sustain 

9 themselves, their families, and their de10 pendents on the wages and benefits they 

11 earn from the employer; and 

12 (v) the wages and benefits that other 

13 employers in the same business provide 

14 their employees. 

15 (7) SUBCONTRACTORS.—Any employer receiv16 ing funds under this section shall require any sub17 contractor whose employees perform, or will per18 form, work funded under this section to comply with 

19 the requirements set forth in this subsection. 

20 (l) FUNDS.— 

21 (1) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to the Sec23 retary to carry out this section $600,000,000 for 

24 each of fiscal years 2022 through 2026. 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4329 IS

1 (2) COSTS OF DIRECT LOANS.—The Secretary 

2 may use any amounts made available under para3 graph (1) to pay the costs of providing direct loans 

4 under the program. 

5 (3) SET ASIDE.—Not less than $20,000,000 of 

6 the amount made available to carry out this section 

7 each fiscal year under paragraph (1) shall be used 

8 to award grants or direct loans under the program 

9 to eligible entities that are small businesses located 

10 in economically disadvantaged communities. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS