I 

118TH CONGRESS 

1ST SESSION H. R. 4990 

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 HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mrs. DINGELL (for herself and Ms. CASTOR of Florida) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

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 2023’’. 

6 SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY 

7 CHAIN ASSISTANCE. 

8 (a) DEFINITIONS.—In this section: 


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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). 


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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) LOAN GUARANTEE.—The term ‘‘loan guar19 antee’’ has the meaning given the term in section 

20 502 of the Federal Credit Reform Act of 1990 (2 

21 U.S.C. 661a). 

22 (11) NON-ALLIED FOREIGN NATION.—The term 

23 ‘‘non-allied foreign nation’’ has the meaning given 

24 the term ‘‘covered nation’’ in section 4872(d)(2) of 

25 title 10, United States Code. 


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1 (12) PHOTOVOLTAIC CELL.—The term ‘‘photo2 voltaic cell’’ means the smallest semiconductor ele3 ment of a solar module that performs the immediate 

4 conversion of light into electricity. 

5 (13) PHOTOVOLTAIC WAFER.—The term ‘‘pho6 tovoltaic wafer’’ means a thin slice, sheet, or layer 

7 of semiconductor material of at least 240 square 

8 centimeters produced by a single manufacturer— 

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

10 polysilicon or deposition of solar grade thin film 

11 semiconductor photon absorber layer; or 

12 (ii) through formation of an ingot from 

13 molten polysilicon and subsequent slicing; and 

14 (B) that comprises the substrate or ab15 sorber layer of 1 or more photovoltaic cells. 

16 (14) PROGRAM.—The term ‘‘program’’ means 

17 the program established under subsection (c). 

18 (15) RACKING.—The term ‘‘racking’’ means a 

19 structural steel or aluminum support element, of any 

20 cross-section shape and that may be assembled from 

21 individually manufactured segments, spanning longi22 tudinally, on which solar modules are supported. 

23 (16) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Energy. 


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

2 component’’ means— 

3 (A) an integrated module; 

4 (B) a photovoltaic cell; 

5 (C) a photovoltaic wafer; 

6 (D) solar grade polysilicon; 

7 (E) a solar module; 

8 (F) an inverter; 

9 (G) racking; 

10 (H) a tracker; 

11 (I) a direct current optimizer; and 

12 (J) any advanced solar technology for 

13 which the Secretary has issued a written find14 ing under subsection (g). 

15 (18) SOLAR GRADE POLYSILICON.—The term 

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

17 (A) is suitable for use in photovoltaic man18 ufacturing; and 

19 (B) is purified to a minimum purity of 

20 99.999999 percent silicon by mass. 

21 (19) SOLAR MODULE.—The term ‘‘solar mod22 ule’’ means the connection and lamination of photo23 voltaic cells into an environmentally protected final 

24 assembly that— 


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1 (A) is suitable to generate electricity when 

2 exposed to sunlight; and 

3 (B) is ready for installation without an ad4 ditional manufacturing process. 

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

6 (A) a structural steel support on which 

7 solar modules are supported; and 

8 (B) the mechanism by which that support 

9 is oriented to varying angles with respect to the 

10 position of the sun. 

11 (21) TRADITIONAL SOLAR COMPONENT.—The 

12 term ‘‘traditional solar component’’ means— 

13 (A) an integrated module; 

14 (B) a photovoltaic cell; 

15 (C) a photovoltaic wafer; 

16 (D) solar grade polysilicon; and 

17 (E) a solar module. 

18 (b) FINDINGS.—Congress finds that it is in the inter19 est of the United States— 

20 (1) to have a viable solar component manufac21 turing supply chain; and 

22 (2) to reduce the reliance of United States 

23 manufacturers on solar components made in the 

24 People’s Republic of China. 


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

2 the date of enactment of this Act, the Secretary shall es3 tablish a program to award grants, loan guarantees, and 

4 direct loans to eligible entities to carry out projects in the 

5 United States for— 

6 (1) the construction of new facilities that manu7 facture solar components; and 

8 (2) retooling, retrofitting, or expanding existing 

9 facilities that manufacture, or have the ability to 

10 manufacture, solar components. 

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

12 loan guarantees, or direct loan under the program, an eli13 gible entity shall submit to the Secretary an application 

14 at such time, in such manner, and containing such infor15 mation as the Secretary may require. 

16 (e) SELECTION.—In awarding grants, loan guaran17 tees, and direct loans under the program, the Secretary 

18 shall take into consideration whether a project proposed 

19 by an eligible entity— 

20 (1) is strategically located near manufacturers 

21 in the solar component manufacturing supply chain 

22 to create a geographic concentration of manufactur23 ers in the solar component manufacturing supply 

24 chain; 


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1 (2) has potential to materially reduce the reli2 ance of United States manufacturers on solar com3 ponents, including solar grade polysilicon and photo4 voltaic wafers, made in a non-allied foreign nation; 

5 (3) has potential for direct and indirect domes6 tic job creation, including jobs for low-income com7 munities, dislocated workers, and workers from 

8 groups that are underrepresented in the manufac9 turing industry; and 

10 (4) will result in economic development or eco11 nomic diversification in economically distressed re12 gions or localities. 

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

14 under the program shall— 

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

16 a level that the Secretary determines appropriate; 

17 and 

18 (2) be subject to such other terms and condi19 tions as the Secretary determines appropriate. 

20 (g) ADVANCED SOLAR TECHNOLOGY FINDING.—The 

21 Secretary may issue a written finding that an advanced 

22 solar technology has significant potential to reduce the re23 liance of United States manufacturers on traditional solar 

24 components made in a non-allied foreign nation. 


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

2 Secretary may not award a grant, loan guarantees, or di3 rect loan for a project that will source solar components 

4 from, or supply solar components to, facilities that use 

5 forced labor or are owned and operated by a non-allied 

6 foreign nation. 

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

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

9 apply to a grant made under the program. 

10 (j) PREVAILING WAGES.— 

11 (1) IN GENERAL.—Any laborer or mechanic em12 ployed by any contractor or subcontractor in the 

13 performance of work funded directly, or assisted in 

14 whole or in part, by the Federal Government pursu15 ant to this section shall be paid wages at rates not 

16 less than those prevailing on work of a similar char17 acter in the locality, as determined by the Secretary 

18 of Labor, in accordance with subchapter IV of chap19 ter 31 of part A of subtitle II of title 40, United 

20 States Code (commonly referred to as the ‘‘Davis21 Bacon Act’’). 

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

23 standards specified in paragraph (1), the Secretary 

24 of Labor shall have the authority and functions set 

25 forth in Reorganization Plan Numbered 14 of 1950 


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1 (5 U.S.C. App.) and section 3145 of title 40, United 

2 States Code. 

3 (k) LABOR-MANAGEMENT COOPERATION.— 

4 (1) IN GENERAL.—Notwithstanding any con5 trary provision of law, including the National Labor 

6 Relations Act (29 U.S.C. 151 et seq.), this sub7 section shall apply with respect to any funding re8 cipient under this section who is an employer and 

9 any labor organization who represents, or seeks to 

10 represent, employees of such a funding recipient. 

11 (2) LABOR PEACE.—Any employer receiving 

12 funds under this section shall recognize for purposes 

13 of collective bargaining a labor organization that 

14 demonstrates that a majority of the employees in a 

15 unit appropriate for such purposes who perform or 

16 will perform work funded by this section have signed 

17 valid authorizations designating the labor organiza18 tion as their bargaining representative and that no 

19 other individual or labor organization is currently 

20 certified or recognized as the exclusive representative 

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

22 will perform such work pursuant to the National 

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

24 such showing of majority status, the employer shall 


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1 notify the labor organization and the National Labor 

2 Relations Board that the employer— 

3 (A) has determined that the labor organi4 zation represents a majority of the employees in 

5 such unit who perform or will perform such 

6 work; and 

7 (B) is recognizing the labor organization 

8 as the exclusive representative of the employees 

9 in such unit who perform or will perform such 

10 work for the purposes of collective bargaining 

11 pursuant to section 9 of the National Labor Re12 lations Act (29 U.S.C. 159). 

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

14 status or the appropriateness of the unit described 

15 in paragraph (2) arises between the employer and 

16 the labor organization, either party may request that 

17 the National Labor Relations Board investigate and 

18 resolve the dispute. If the Board finds that a major19 ity of the employees in a unit appropriate for pur20 poses of collective bargaining who perform or will 

21 perform work funded under this section has signed 

22 valid authorizations designating the labor organiza23 tion as their bargaining representative and that no 

24 other individual or labor organization is currently 

25 certified or recognized as the exclusive representative 


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

2 will perform such work pursuant to the National 

3 Labor Relations Act, the Board shall not direct an 

4 election but shall certify the labor organization as 

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

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

7 with respect to such employees. 

8 (4) COMMENCEMENT OF COLLECTIVE BAR9 GAINING.—Not later than 10 days after an employer 

10 receiving funding under this section receives a writ11 ten request for collective bargaining from a recog12 nized or certified labor organization representing 

13 employees who perform or will perform work funded 

14 under this section, or within such period as the par15 ties agree upon, the labor organization and employer 

16 shall meet and commence to bargain collectively and 

17 shall make every reasonable effort to conclude and 

18 sign a collective bargaining agreement. 

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

20 reach an agreement before the date that is 90 days 

21 after the date on which bargaining is commenced 

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

23 by both parties, either party may notify the Federal 

24 Mediation and Conciliation Service of the existence 

25 of a dispute and request mediation. Upon receiving 


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1 such a request, the Director of the Federal Medi2 ation and Conciliation Service shall promptly com3 municate with the parties and use best efforts, by 

4 mediation and conciliation, to bring them to agree5 ment. 

6 (6) ARBITRATION.— 

7 (A) IN GENERAL.—If the Federal Medi8 ation and Conciliation Service is not able to 

9 bring the parties to agreement by mediation or 

10 conciliation before the date that is 30 days after 

11 the date on which a request for mediation is 

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

13 agreed upon by both parties, the Service shall 

14 refer the dispute to a tripartite arbitration 

15 panel established in accordance with such regu16 lations as may be prescribed by the Service. 

17 (B) MEMBERS.—A tripartite arbitration 

18 panel established under this paragraph with re19 spect to a dispute shall be composed of 1 mem20 ber selected by the labor organization, 1 mem21 ber selected by the employer, and 1 neutral 

22 member mutually agreed to by the parties. The 

23 labor organization and employer shall each se24 lect the members of the tripartite arbitration 

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


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1 Any member not so selected by such date shall 

2 be selected by the Service. 

3 (C) DISPUTE SETTLEMENT.—A majority 

4 of a tripartite arbitration panel established 

5 under this paragraph with respect to a dispute 

6 shall render a decision settling the dispute as 

7 soon as practicable, and (absent extraordinary 

8 circumstances or by agreement or permission of 

9 the parties) not later than 120 days after the 

10 establishment of such panel. Such a decision 

11 shall be binding upon the parties for a period 

12 of 2 years, unless amended during such period 

13 by written consent of the parties. Such decision 

14 shall be based on— 

15 (i) the employer’s financial status and 

16 prospects; 

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

18 operations and business; 

19 (iii) the employees’ cost of living; 

20 (iv) the employees’ ability to sustain 

21 themselves, their families, and their de22 pendents on the wages and benefits they 

23 earn from the employer; and 


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1 (v) the wages and benefits that other 

2 employers in the same business provide 

3 their employees. 

4 (7) SUBCONTRACTORS.—Any employer receiv5 ing funds under this section shall require any sub6 contractor whose employees perform, or will per7 form, work funded under this section to comply with 

8 the requirements set forth in this subsection. 

9 (l) FUNDS.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to the Sec12 retary to carry out this section $1,900,000,000 for 

13 each of fiscal years 2024 through 2028. 

14 (2) COSTS OF LOAN GUARANTEES AND DIRECT

15 LOANS.—The Secretary may use any amounts made 

16 available under paragraph (1) to pay the costs of 

17 providing loan guarantees and direct loans under the 

18 program. 

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

20 the amount made available to carry out this section 

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

22 to award grants, loan guarantees, or direct loans 

23 under the program to eligible entities that are small 


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1 businesses located in economically disadvantaged 

2 communities. 

Æ 


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