I 
117TH CONGRESS 
2D SESSION 
H. R. 8124 
To amend section 8302 of title 41, United States Code, to require Buy 
American Act requirements to apply to solar power purchase agreements, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2022 
Mr. RYAN (for himself, Ms. KAPTUR, and Mr. DEFAZIO) introduced the 
following bill; which was referred to the Committee on Oversight and Reform 
A BILL 
To amend section 8302 of title 41, United States Code, 
to require Buy American Act requirements to apply to 
solar power purchase agreements, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring America 
Gets Legitimate Energy Sourced, Originating, and Leased 
At home Reliably Act’’ or the ‘‘EAGLE SOLAR Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Solar cells were first invented in the United 
States in 1954 at Bell Labs. The United States 
went on to lead the world in the 1960’s and 1970’s 
in the development of this technology with the help 
of government-funded research and development and 
private research organizations. 
(2) In 2005, the State Council of the People’s 
Republic of China (PRC) identified solar power as a 
key strategic growth industry. The Chinese Govern-
ment subsequently poured billions of dollars into 
their solar industry and funded massive losses for 
solar companies to corner the global market. By 
2011, China’s share of global solar manufacturing 
exceeded 60 percent. 
(3) In October 2012, the Department of Com-
merce released its affirmative final determination 
that Chinese producers and exporters had been sell-
ing solar cells in the United States at dumping mar-
gins ranging from 18.32 to 249.96 percent. Com-
merce also determined that Chinese producers and 
exporters had received countervailable subsidies of 
14.78 to 15.97 percent. 
(4) In January 2018, the United States imple-
mented safeguard tariffs on solar cells and modules 
imported from China based on the investigations, 
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findings, and recommendations of the independent, 
bipartisan U.S. International Trade Commission 
(ITC). 
(5) Several United States solar module manu-
facturers substantially increased production because 
of the 2018 tariffs on imported solar cells and mod-
ules. The ITC found that from, ‘‘2012 to 2016, the 
volume of solar generation capacity installed annu-
ally in the United States more than tripled, spurred 
on by artificially low-priced solar cells and modules 
from China’’. According to the ITC, in the same pe-
riod, ‘‘imports grew by approximately 500 percent, 
and prices dropped precipitously. Prices for solar 
cells and modules fell by 60 percent, to a point 
where most U.S. producers ceased domestic produc-
tion, moved their facilities to other countries, or de-
clared bankruptcy.’’. The ITC determined increased 
solar cell and module imports to be a substantial 
cause of serious injury to the domestic industry. 
(6) In the years since, the PRC has attempted 
to circumvent United States tariffs by shifting pro-
duction to Malaysia, Thailand, Vietnam, and Cam-
bodia, an issue the Department of Commerce is cur-
rently investigating. 
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(7) Renewable energy is among the key indus-
tries of the Chinese Communist Party’s Made in 
China 2025 strategic plan, and it is therefore crucial 
that Congress appropriate necessary funds and pur-
sue policies that drive innovation, encourage invest-
ment, and spur growth in this sector. 
(8) Made in China 2025 includes self-suffi-
ciency quotas that violate World Trade Organization 
rules against technology substitution. The PRC has 
repeatedly chosen to ignore free market norms and 
flout rules-based trade through foreign acquisitions, 
forced technology transfer agreements, and commer-
cial cyber espionage, in addition to other restrictive 
market practices. 
(9) The PRC has 64 percent of global produc-
tion capacity of polysilicon, a key raw material in 
the solar panel supply chain. Approximately half of 
China’s polysilicon production occurs in the western 
Xinjiang province, where the PRC relies on coal- 
fired power plants and forced Uyghur labor to ac-
count for about half of today’s global polysilicon out-
put. 
(10) The United States has recognized the on-
going genocide of the Uyghurs in Xinjiang and has 
prioritized combating forced labor with the over-
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whelmingly bipartisan passage and December 23, 
2021, signing of the Uyghur Forced Labor Preven-
tion Act. 
(11) Over 1.3 million photovoltaic systems were 
installed in the United States in 2016, more than 
four times the level of 2012. The American solar in-
dustry employed approximately 249,983 people in 
the United States in 2019, a 167 percent increase 
from the number of people employed in the industry 
in 2010. 
(12) According to the Department of Energy, 
solar could account for as much as 40 percent of the 
Nation’s electricity supply by 2035 and 45 percent 
by 2050. 
(13) Significant majorities of Americans sup-
port the domestic manufacturing of solar panels, 
adding solar panel farms, and expanding the Buy 
American Act to further support United States do-
mestic solar manufacturers. Most Americans support 
expanding the Buy American Act so that the Fed-
eral Government is required to purchase renewable 
energy produced by equipment manufactured in the 
United States. 
(14) A resilient domestic solar supply chain will 
become increasingly vital to the economic, energy, 
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and national security of the United States. The solar 
energy used to power the Federal Government can-
not come from solar panels produced in coal-fired 
power plants, by forced labor, and shipped from the 
PRC. Expanding Buy American to include solar 
power purchase agreements will ensure that the re-
newable energy that powers the Federal Government 
comes from domestically manufactured solar panels. 
SEC. 3. APPLICATION OF THE BUY AMERICAN ACT TO 
SOLAR POWER PURCHASE AGREEMENTS. 
(a) AMENDMENTS.—Chapter 83 of title 41, United 
States Code, is amended— 
(1) in section 8301, by adding at the end the 
following new paragraphs: 
‘‘(4) INTEGRATED MODULE.—The term ‘inte-
grated 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 which is— 
‘‘(A) suitable to generate electricity when 
exposed to sunlight; and 
‘‘(B) ready for installation without addi-
tional manufacturing processes. 
‘‘(5) SOLAR MODULE.—The term ‘solar module’ 
means the connection and lamination of photovoltaic 
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cells into an environmentally protected final assem-
bly which is— 
‘‘(A) suitable to generate electricity when 
exposed to sunlight; and 
‘‘(B) ready for installation without an ad-
ditional manufacturing process. 
‘‘(6) SOLAR POWER PURCHASE AGREEMENT.— 
The term ‘solar power purchase agreement’ means 
an energy savings performance contract authorized 
under section 801 of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287), a contract under 
section 2922a of title 10, a utility energy service 
contract authorized under section 546 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8256), or other agreement of the Federal Govern-
ment, to acquire electricity or, in the case of a re-
newable energy certificate or similar instrument, 
solar energy attributes, produced by— 
‘‘(A) solar modules, including integrated 
modules, installed or otherwise used on Govern-
ment property or at a facility owned or con-
trolled by the Government; or 
‘‘(B) a facility that uses solar energy to 
generate electricity where any of the electricity 
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generated is reserved for the use or benefit of 
the Government.’’; 
(2) in section 8302, by adding at the end the 
following new subsection: 
‘‘(d) APPLICABILITY TO SOLAR POWER PURCHASE 
AGREEMENTS.—This section applies with respect to any 
solar module, including any integrated module, that is 
used to generate electricity provided under a solar power 
purchase agreement.’’; and 
(3) in section 8303, by adding at the end the 
following new subsection: 
‘‘(e) APPLICABILITY TO SOLAR POWER PURCHASE 
AGREEMENTS.—This section applies with respect to any 
solar module, including any integrated module, that is 
used to generate electricity provided under a solar power 
purchase agreement.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall take effect 180 days after the date of the 
enactment of this Act and apply with respect to any solar 
power purchase agreement entered into on or after such 
date. 
Æ 
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