Reclaiming the Solar Supply Chain Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1643 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1643

 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 17, 2023

    Ms. Cortez Masto (for herself, Ms. Baldwin, Mr. Brown, and Mrs. 
  Feinstein) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reclaiming the Solar Supply Chain 
Act of 2023''.

SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Advanced solar technology.--The term ``advanced solar 
        technology'' means any new or emerging technology, system, or 
        mechanism, or component thereof, that uses solar radiation to 
        generate electrical energy.
            (2) Direct current optimizer.--The term ``direct current 
        optimizer'' means a product that converts direct current 
        electricity from 1 or more solar modules or advanced solar 
        technologies to a different direct current voltage that is 
        matched to the input requirements of an inverter.
            (3) Direct loan.--The term ``direct loan'' has the meaning 
        given the term in section 502 of the Federal Credit Reform Act 
        of 1990 (2 U.S.C. 661a).
            (4) Eligible entity.--The term ``eligible entity'' means a 
        private entity, including a manufacturer, or a partnership of 
        private entities.
            (5) Employee; employer.--The terms ``employee'' and 
        ``employer'' have the meanings given such terms in section 2 of 
        the National Labor Relations Act (29 U.S.C. 152).
            (6) Forced labor.--The term ``forced labor'' has the 
        meaning given the term in section 307 of the Tariff Act of 1930 
        (19 U.S.C. 1307).
            (7) Integrated module.--The term ``integrated module'' 
        means a solar module produced by a single manufacturer through 
        the conversion of a photovoltaic wafer or other semiconductor 
        material into an end product that--
                    (A) is suitable to generate electricity when 
                exposed to sunlight; and
                    (B) is ready for installation without additional 
                manufacturing processes.
            (8) Inverter.--The term ``inverter'' means a product that 
        converts direct current electricity from 1 or more solar 
        modules or advanced solar technologies into alternating current 
        electricity.
            (9) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 2 of the National 
        Labor Relations Act (29 U.S.C. 152).
            (10) Non-allied foreign nation.--The term ``non-allied 
        foreign nation'' has the meaning given the term ``covered 
        nation'' in section 4872(d)(2) of title 10, United States Code.
            (11) Photovoltaic cell.--The term ``photovoltaic cell'' 
        means the smallest semiconductor element of a solar module that 
        performs the immediate conversion of light into electricity.
            (12) Photovoltaic wafer.--The term ``photovoltaic wafer'' 
        means a thin slice, sheet, or layer of semiconductor material 
        of at least 240 square centimeters produced by a single 
        manufacturer--
                    (A)(i) directly from molten solar grade polysilicon 
                or deposition of solar grade thin film semiconductor 
                photon absorber layer; or
                    (ii) through formation of an ingot from molten 
                polysilicon and subsequent slicing; and
                    (B) that comprises the substrate or absorber layer 
                of 1 or more photovoltaic cells.
            (13) Program.--The term ``program'' means the program 
        established under subsection (c).
            (14) Racking.--The term ``racking'' means a structural 
        steel or aluminum support element, of any cross-section shape 
        and that may be assembled from individually manufactured 
        segments, spanning longitudinally, on which solar modules are 
        supported.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (16) Solar component.--The term ``solar component'' means--
                    (A) an integrated module;
                    (B) a photovoltaic cell;
                    (C) a photovoltaic wafer;
                    (D) solar grade polysilicon;
                    (E) a solar module;
                    (F) an inverter;
                    (G) racking;
                    (H) a tracker;
                    (I) a direct current optimizer; and
                    (J) any advanced solar technology for which the 
                Secretary has issued a written finding under subsection 
                (g).
            (17) Solar grade polysilicon.--The term ``solar grade 
        polysilicon'' means silicon that--
                    (A) is suitable for use in photovoltaic 
                manufacturing; and
                    (B) is purified to a minimum purity of 99.999999 
                percent silicon by mass.
            (18) Solar module.--The term ``solar module'' means the 
        connection and lamination of photovoltaic cells into an 
        environmentally protected final assembly that--
                    (A) is suitable to generate electricity when 
                exposed to sunlight; and
                    (B) is ready for installation without an additional 
                manufacturing process.
            (19) Tracker.--The term ``tracker'' means--
                    (A) a structural steel support on which solar 
                modules are supported; and
                    (B) the mechanism by which that support is oriented 
                to varying angles with respect to the position of the 
                sun.
            (20) Traditional solar component.--The term ``traditional 
        solar component'' means--
                    (A) an integrated module;
                    (B) a photovoltaic cell;
                    (C) a photovoltaic wafer;
                    (D) solar grade polysilicon; and
                    (E) a solar module.
    (b) Findings.--Congress finds that it is in the interest of the 
United States--
            (1) to have a viable solar component manufacturing supply 
        chain; and
            (2) to reduce the reliance of United States manufacturers 
        on solar components made in the People's Republic of China.
    (c) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a program to award 
grants and direct loans to eligible entities to carry out projects in 
the United States for--
            (1) the construction of new facilities that manufacture 
        solar components; and
            (2) retooling, retrofitting, or expanding existing 
        facilities that manufacture, or have the ability to 
        manufacture, solar components.
    (d) Application.--To be eligible to receive a grant or direct loan 
under the program, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    (e) Selection.--In awarding grants and direct loans under the 
program, the Secretary shall take into consideration whether a project 
proposed by an eligible entity--
            (1) is strategically located near manufacturers in the 
        solar component manufacturing supply chain to create a 
        geographic concentration of manufacturers in the solar 
        component manufacturing supply chain;
            (2) has potential to materially reduce the reliance of 
        United States manufacturers on solar components, including 
        solar grade polysilicon and photovoltaic wafers, made in a non-
        allied foreign nation;
            (3) has potential for direct and indirect domestic job 
        creation, including jobs for low-income communities, dislocated 
        workers, and workers from groups that are underrepresented in 
        the manufacturing industry; and
            (4) will result in economic development or economic 
        diversification in economically distressed regions or 
        localities.
    (f) Direct Loan Conditions.--A direct loan made under the program 
shall--
            (1) bear interest at a rate that does not exceed a level 
        that the Secretary determines appropriate; and
            (2) be subject to such other terms and conditions as the 
        Secretary determines appropriate.
    (g) Advanced Solar Technology Finding.--The Secretary may issue a 
written finding that an advanced solar technology has significant 
potential to reduce the reliance of United States manufacturers on 
traditional solar components made in a non-allied foreign nation.
    (h) Prohibition.--In carrying out the program, the Secretary may 
not award a grant or direct loan for a project that will source solar 
components from, or supply solar components to, facilities that use 
forced labor or are owned and operated by a non-allied foreign nation.
    (i) Cost Sharing for Grants.--Section 988(c) of the Energy Policy 
Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under the 
program.
    (j) Prevailing Wages.--
            (1) In general.--Any laborer or mechanic employed by any 
        contractor or subcontractor in the performance of work funded 
        directly, or assisted in whole or in part, by the Federal 
        Government pursuant to this section shall be paid wages at 
        rates not less than those prevailing on work of a similar 
        character in the locality, as determined by the Secretary of 
        Labor, in accordance with subchapter IV of chapter 31 of part A 
        of subtitle II of title 40, United States Code (commonly 
        referred to as the ``Davis-Bacon Act'').
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 
        40, United States Code.
    (k) Labor-Management Cooperation.--
            (1) In general.--Notwithstanding any contrary provision of 
        law, including the National Labor Relations Act (29 U.S.C. 151 
        et seq.), this subsection shall apply with respect to any 
        funding recipient under this section who is an employer and any 
        labor organization who represents, or seeks to represent, 
        employees of such a funding recipient.
            (2) Labor peace.--Any employer receiving funds under this 
        section shall recognize for purposes of collective bargaining a 
        labor organization that demonstrates that a majority of the 
        employees in a unit appropriate for such purposes who perform 
        or will perform work funded by this section have signed valid 
        authorizations designating the labor organization as their 
        bargaining representative and that no other individual or labor 
        organization is currently certified or recognized as the 
        exclusive representative of any of the employees in the unit 
        who perform or will perform such work pursuant to the National 
        Labor Relations Act (29 U.S.C. 151 et seq.). Upon such showing 
        of majority status, the employer shall notify the labor 
        organization and the National Labor Relations Board that the 
        employer--
                    (A) has determined that the labor organization 
                represents a majority of the employees in such unit who 
                perform or will perform such work; and
                    (B) is recognizing the labor organization as the 
                exclusive representative of the employees in such unit 
                who perform or will perform such work for the purposes 
                of collective bargaining pursuant to section 9 of the 
                National Labor Relations Act (29 U.S.C. 159).
            (3) Certification.--If a dispute over majority status or 
        the appropriateness of the unit described in paragraph (2) 
        arises between the employer and the labor organization, either 
        party may request that the National Labor Relations Board 
        investigate and resolve the dispute. If the Board finds that a 
        majority of the employees in a unit appropriate for purposes of 
        collective bargaining who perform or will perform work funded 
        under this section has signed valid authorizations designating 
        the labor organization as their bargaining representative and 
        that no other individual or labor organization is currently 
        certified or recognized as the exclusive representative of any 
        of the employees in the unit who perform or will perform such 
        work pursuant to the National Labor Relations Act, the Board 
        shall not direct an election but shall certify the labor 
        organization as the representative described in section 9(a) of 
        the National Labor Relations Act (29 U.S.C. 159(a)) with 
        respect to such employees.
            (4) Commencement of collective bargaining.--Not later than 
        10 days after an employer receiving funding under this section 
        receives a written request for collective bargaining from a 
        recognized or certified labor organization representing 
        employees who perform or will perform work funded under this 
        section, or within such period as the parties agree upon, the 
        labor organization and employer shall meet and commence to 
        bargain collectively and shall make every reasonable effort to 
        conclude and sign a collective bargaining agreement.
            (5) Mediation.--If the parties have failed to reach an 
        agreement before the date that is 90 days after the date on 
        which bargaining is commenced under paragraph (4), or any later 
        date agreed upon by both parties, either party may notify the 
        Federal Mediation and Conciliation Service of the existence of 
        a dispute and request mediation. Upon receiving such a request, 
        the Director of the Federal Mediation and Conciliation Service 
        shall promptly communicate with the parties and use best 
        efforts, by mediation and conciliation, to bring them to 
        agreement.
            (6) Arbitration.--
                    (A) In general.--If the Federal Mediation and 
                Conciliation Service is not able to bring the parties 
                to agreement by mediation or conciliation before the 
                date that is 30 days after the date on which a request 
                for mediation is made under paragraph (5), or any later 
                date agreed upon by both parties, the Service shall 
                refer the dispute to a tripartite arbitration panel 
                established in accordance with such regulations as may 
                be prescribed by the Service.
                    (B) Members.--A tripartite arbitration panel 
                established under this paragraph with respect to a 
                dispute shall be composed of 1 member selected by the 
                labor organization, 1 member selected by the employer, 
                and 1 neutral member mutually agreed to by the parties. 
                The labor organization and employer shall each select 
                the members of the tripartite arbitration panel within 
                14 days of the Service's referral. Any member not so 
                selected by such date shall be selected by the Service.
                    (C) Dispute settlement.--A majority of a tripartite 
                arbitration panel established under this paragraph with 
                respect to a dispute shall render a decision settling 
                the dispute as soon as practicable, and (absent 
                extraordinary circumstances or by agreement or 
                permission of the parties) not later than 120 days 
                after the establishment of such panel. Such a decision 
                shall be binding upon the parties for a period of 2 
                years, unless amended during such period by written 
                consent of the parties. Such decision shall be based 
                on--
                            (i) the employer's financial status and 
                        prospects;
                            (ii) the size and type of the employer's 
                        operations and business;
                            (iii) the employees' cost of living;
                            (iv) the employees' ability to sustain 
                        themselves, their families, and their 
                        dependents on the wages and benefits they earn 
                        from the employer; and
                            (v) the wages and benefits that other 
                        employers in the same business provide their 
                        employees.
            (7) Subcontractors.--Any employer receiving funds under 
        this section shall require any subcontractor whose employees 
        perform, or will perform, work funded under this section to 
        comply with the requirements set forth in this subsection.
    (l) Funds.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this section 
        $600,000,000 for each of fiscal years 2024 through 2028.
            (2) Costs of direct loans.--The Secretary may use any 
        amounts made available under paragraph (1) to pay the costs of 
        providing direct loans under the program.
            (3) Set aside.--Not less than $20,000,000 of the amount 
        made available to carry out this section each fiscal year under 
        paragraph (1) shall be used to award grants or direct loans 
        under the program to eligible entities that are small 
        businesses located in economically disadvantaged communities.
                                 &lt;all&gt;
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