Reclaiming the Solar Supply Chain Act of 2021
Bill: H.R.5332 | Sponsor: Rep. Demings, Val Butler (D-FL)
Policy area: Energy

Summary:
Reclaiming the Solar Supply Chain Act of 2021
This bill requires the Department of Energy to establish a program to award grants and loans to support a solar component manufacturing supply chain. Under the program, grants and loans must be used for (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture solar components.

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 2021''.

SEC. 2. SOLAR COMPONENT MANUFACTURING SUPPLY CHAIN ASSISTANCE.

    (a) Findings.--The 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 China.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish and carry out a 
program to award grants and 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 solar components.
    (c) Prioritization.--In awarding grants and loans under the 
program, the Secretary shall give priority to projects--
            (1) that are 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) that have the greatest potential to reduce the reliance 
        of United States manufacturers on solar components made in 
        China; and
            (3) that--
                    (A) provide the greatest potential for both direct 
                and indirect domestic job creation;
                    (B) result in economic development or economic 
                diversification in economically distressed regions or 
                localities; or
                    (C) will create the greatest number of jobs for 
                low-income communities, dislocated workers, and workers 
                from groups that are underrepresented in the 
                manufacturing industry.
    (d) Advanced Solar Technology.--The Secretary may issue a written 
finding on whether any advanced solar technology has significant 
potential to reduce the reliance of United States manufacturers on 
traditional solar components made in China.
    (e) Prohibition.--In carrying out the program, the Secretary may 
not award grants or loans for projects that will source solar 
components from, or supply their solar components to, facilities that 
use forced labor.
    (f) Application.--To be eligible to receive a grant or 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.
    (g) Loan Conditions.--A loan made under the program shall--
            (1) not exceed an amount that is equal to 50 percent of the 
        cost of the applicable project;
            (2) bear interest at a rate that does not exceed a level 
        that the Secretary determines appropriate, taking into account 
        the prevailing rate of interest in the private sector for 
        similar loans and risks; and
            (3) be subject to such other terms and conditions as the 
        Secretary determines appropriate.
    (h) 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 this 
section.
    (i) Prevailing Wages.--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 Act 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 under subchapter IV of chapter 31 of title 40, 
United States Code (commonly referred to as the Davis-Bacon Act). With 
respect to the labor standards in this subsection, the Secretary of 
Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40, United States Code.
    (j) Labor Organization.--
            (1) In general.--Notwithstanding the National Labor 
        Relations Act (29 U.S.C. 151 et seq.), paragraphs (2) through 
        (5) shall apply with respect to any funding recipient under 
        this Act who is an employer and any labor organization who 
        represents employees of such a funding recipient.
            (2) Neutrality requirement.--An employer shall remain 
        neutral with respect to the exercise of employees and labor 
        organizations of the right to organize and bargain under the 
        National Labor Relations Act (29 U.S.C. 151 et seq.).
            (3) Commencement of collective bargaining.--Not later than 
        10 days after receiving a written request for collective 
        bargaining from a labor organization that has been newly 
        recognized or certified as a representative under section 9(a) 
        of the National Labor Relations Act (29 U.S.C. 159(a)), or 
        within such further period as the parties agree upon, the 
        parties shall meet and commence to bargain collectively and 
        shall make every reasonable effort to conclude and sign a 
        collective bargaining agreement.
            (4) Mediation and conciliation for failure to reach a 
        collective bargaining agreement.--
                    (A) In general.--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 (3), 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.
                    (B) Federal mediation and conciliation service.--
                Whenever a request is received under subparagraph (A), 
                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.
            (5) Tripartite arbitration panel.--
                    (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 such 
                mediation or conciliation is commenced, 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, with one member selected 
                by the labor organization, one member selected by the 
                employer, and one neutral member mutually agreed to by 
                the parties.
                    (B) Dispute settlement.--A majority of the 
                tripartite arbitration panel shall render a decision 
                settling the dispute and such decision shall be binding 
                upon the parties for a period of two 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.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $9,500,000,000, to be made available 
for the period of fiscal years 2022 through 2026.
    (l) Definitions.--In this Act:
            (1) Advanced solar technology.--The term ``advanced solar 
        technology'' means any new or emerging technology, system, or 
        mechanism that uses solar radiation to generate electrical 
        energy, and any component thereof.
            (2) Direct current optimizer.--The term ``direct current 
        optimizer'' means a product which converts direct current 
        electricity from one 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) Eligible entity.--The term ``eligible entity'' means a 
        private entity, including a manufacturer, or a partnership of 
        private entities.
            (4) Forced labor.--The term ``forced labor'' has the 
        meaning given such term in section 307 of the Tariff Act of 
        1930 (19 U.S.C. 1307).
            (5) 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 which is--
                    (A) suitable to generate electricity when exposed 
                to sunlight; and
                    (B) ready for installation without additional 
                manufacturing processes.
            (6) Inverter.--The term ``inverter'' means a product which 
        converts direct current electricity from one or more solar 
        modules or advanced solar technologies into alternating current 
        electricity.
            (7) 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).
            (8) Parties.--The term ``parties'' means a labor 
        organization that is newly recognized or certified as a 
        representative under section 9(a) of the National Labor 
        Relations Act (29 U.S.C. 159(a)) and the employer of the 
        employees represented by such organization.
            (9) Photovoltaic cell.--The term ``photovoltaic cell'' 
        means the smallest semiconductor element of a solar module 
        which performs the immediate conversion of light into 
        electricity.
            (10) Photovoltaic wafer.--The term ``photovoltaic wafer'' 
        means a thin slice or sheet of semiconductor material of at 
        least 240 square centimeters produced by a single 
        manufacturer--
                    (A) either--
                            (i) directly from molten solar grade 
                        polysilicon; or
                            (ii) through formation of an ingot from 
                        molten polysilicon and subsequent slicing; and
                    (B) which comprises the substrate of a photovoltaic 
                cell.
            (11) Program.--The term ``program'' means the program 
        established under subsection (b).
            (12) Racking.--The term ``racking'' means a structural 
        steel or aluminum support element, of any cross-section shape 
        and which may be assembled from individually manufactured 
        segments, spanning longitudinally, on which solar modules are 
        supported.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (14) Solar component.--The term ``solar component'' 
        includes an integrated module, a photovoltaic cell, a 
        photovoltaic wafer, solar grade polysilicon, a solar module, an 
        inverter, racking, a tracker, a direct current optimizer, and 
        any advanced solar technology for which the Secretary has 
        issued a written finding under subsection (d) that such 
        advanced solar technology has significant potential to reduce 
        the reliance of United States manufacturers on traditional 
        solar components made in China.
            (15) Solar grade polysilicon.--The term ``solar grade 
        polysilicon'' means silicon which is--
                    (A) suitable for use in photovoltaic manufacturing; 
                and
                    (B) purified to a minimum purity of 99.999999 
                percent silicon by mass.
            (16) Solar module.--The term ``solar module'' means the 
        connection and lamination of photovoltaic cells into an 
        environmentally protected final assembly which is--
                    (A) suitable to generate electricity when exposed 
                to sunlight; and
                    (B) ready for installation without an additional 
                manufacturing process.
            (17) 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 sun's position.
            (18) Traditional solar component.--The term ``traditional 
        solar component'' means an integrated module, a photovoltaic 
        cell, a photovoltaic wafer, solar grade polysilicon, and a 
        solar module.
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