II 118th CONGRESS 1st Session S. 1643 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.

1. Short title This Act may be cited as the Reclaiming the Solar Supply Chain Act of 2023 . 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.