,,ii #aagth ,,congress #b;d ,session ,s4 #dcbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bf1 #bjbb,ms4 ,cortez ,masto 7for herself1 ,mrs4 ,feinstein1 ,mr4 ,brown1 and ,ms4 ,baldwin7 introduced the following bill2 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 chain1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reclaiming the ,solar ,supply ,chain ,act of #bjbb4 #b4 ,solar component manufacturing supply chain assistance 7a7 ,definitions ,in this section3 7#a7 ,advanced solar technology ,the term advanced solar technology means any new or emerging technology1 system1 or mechanism1 or component thereof1 that uses solar radiation to generate electrical energy4 7#b7 ,direct current optimizer ,the term direct current optimizer means a product that converts direct current electricity from #a or more solar modules or advanced solar technologies to a different direct current voltage that is matched to the input requirements of an inverter4 7#c7 ,direct loan ,the term direct loan has the meaning given the term in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#d7 ,eligible entity ,the term eligible entity means a private entity1 including a manufacturer1 or a partnership of private entities4 7#e7 ,employee2 employer ,the terms employee and employer have the meanings given such terms in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#f7 ,forced labor ,the term forced labor has the meaning given the term in section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 7#g7 ,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-- 7,a7 is suitable to generate electricity when exposed to sunlight2 and 7,b7 is ready for installation without additional manufacturing processes4 7#h7 ,inverter ,the term inverter means a product that converts direct current electricity from #a or more solar modules or advanced solar technologies into alternating current electricity4 7#i7 ,labor organization ,the term labor organization has the meaning given the term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#aj7 ,photovoltaic cell ,the term photovoltaic cell means the smallest semiconductor element of a solar module that performs the immediate conversion of light into electricity4 7#aa7 ,photovoltaic wafer ,the term photovoltaic wafer means a thin slice1 sheet1 or layer of semiconductor material of at least #bdj square centimeters produced by a single manufacturer-- 7,a7 7i7 directly from molten solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer2 or 7ii7 through formation of an ingot from molten polysilicon and subsequent slicing2 and 7,b7 that comprises the substrate or absorber layer of #a or more photovoltaic cells4 7#ab7 ,program ,the term program means the program established under subsection 7c74 7#ac7 ,racking ,the term racking means a structural steel or aluminum support element1 of any cross-section shape and that may be assembled from individually manufactured segments1 spanning longitudinally1 on which solar modules are supported4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ae7 ,solar component ,the term solar component means-- 7,a7 an integrated module2 7,b7 a photovoltaic cell2 7,c7 a photovoltaic wafer2 7,d7 solar grade polysilicon2 7,e7 a solar module2 7,f7 an inverter2 7,g7 racking2 7,h7 a tracker2 7,i7 a direct current optimizer2 and 7,j7 any advanced solar technology for which the ,secretary has issued a written finding under subsection 7g74 7#af7 ,solar grade polysilicon ,the term solar grade polysilicon means silicon that-- 7,a7 is suitable for use in photovoltaic manufacturing2 and 7,b7 is purified to a minimum purity of #ii4iiiiii percent silicon by mass4 7#ag7 ,solar module ,the term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly that-- 7,a7 is suitable to generate electricity when exposed to sunlight2 and 7,b7 is ready for installation without an additional manufacturing process4 7#ah7 ,tracker ,the term tracker means-- 7,a7 a structural steel support on which solar modules are supported2 and 7,b7 the mechanism by which that support is oriented to varying angles with respect to the position of the sun4 7#ai7 ,traditional solar component ,the term traditional solar component means-- 7,a7 an integrated module2 7,b7 a photovoltaic cell2 7,c7 a photovoltaic wafer2 7,d7 solar grade polysilicon2 and 7,e7 a solar module4 7b7 ,findings ,congress finds that it is in the interest of the ,united ,states-- 7#a7 to have a viable solar component manufacturing supply chain2 and 7#b7 to reduce the reliance of ,united ,states manufacturers on solar components made in the ,people's ,republic of ,china4 7c7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the ,united ,states for-- 7#a7 the construction of new facilities that manufacture solar components2 and 7#b7 retooling1 retrofitting1 or expanding existing facilities that manufacture1 or have the ability to manufacture1 solar components4 7d7 ,application ,to be eligible to receive a grant or direct loan under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7e7 ,selection ,in awarding grants and direct loans under the program1 the ,secretary shall take into consideration whether a project proposed by an eligible entity-- 7#a7 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 chain2 7#b7 has potential to materially reduce the reliance of ,united ,states manufacturers on solar components1 including photovoltaic cells and photovoltaic wafers1 made in the ,people's ,republic of ,china2 7#c7 has potential for direct and indirect domestic job creation1 including jobs for low-income communities1 dislocated workers1 and workers from groups that are underrepresented in the manufacturing industry2 and 7#d7 will result in economic development or economic diversification in economically distressed regions or localities4 7f7 ,direct loan conditions ,a direct loan made under the program shall-- 7#a7 bear interest at a rate that does not exceed a level that the ,secretary determines appropriate2 and 7#b7 be subject to such other terms and conditions as the ,secretary determines appropriate4 7g7 ,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 the ,people's ,republic of ,china4 7h7 ,prohibition ,in carrying out the program1 the ,secretary may not award a grant or direct loan for a project that will source solar components from1 or supply solar components to1 facilities that use forced labor4 7i7 ,cost sharing for grants ,section #ihh7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;c77 shall apply to a grant made under the program4 7j7 ,prevailing wages 7#a7 ,in general ,any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly1 or assisted in whole or in part1 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 locality1 as determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7k7 ,labor-,management cooperation 7#a7 ,in general ,notwithstanding any contrary provision of law1 including the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 this subsection shall apply with respect to any funding recipient under this section who is an employer and any labor organization who represents1 or seeks to represent1 employees of such a funding recipient4 7#b7 ,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 7#bi ,u4,s4,c4 #aea et seq474 ,upon such showing of majority status1 the employer shall notify the labor organization and the ,national ,labor ,relations ,board that the employer-- 7,a7 has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work2 and 7,b7 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 #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei74 7#c7 ,certification ,if a dispute over majority status or the appropriateness of the unit described in paragraph 7#b7 arises between the employer and the labor organization1 either party may request that the ,national ,labor ,relations ,board investigate and resolve the dispute4 ,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 ,act1 the ,board shall not direct an election but shall certify the labor organization as the representative described in section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 with respect to such employees4 7#d7 ,commencement of collective bargaining ,not later than #aj 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 section1 or within such period as the parties agree upon1 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 agreement4 7#e7 ,mediation ,if the parties have failed to reach an agreement before the date that is #ij days after the date on which bargaining is commenced under paragraph 7#d71 or any later date agreed upon by both parties1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,upon receiving such a request1 the ,director of the ,federal ,mediation and ,conciliation ,service shall promptly communicate with the parties and use best efforts1 by mediation and conciliation1 to bring them to agreement4 7#f7 ,arbitration 7,a7 ,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 #cj days after the date on which a request for mediation is made under paragraph 7#e71 or any later date agreed upon by both parties1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service4 7,b7 ,members ,a tripartite arbitration panel established under this paragraph with respect to a dispute shall be composed of #a member selected by the labor organization1 #a member selected by the employer1 and #a neutral member mutually agreed to by the parties4 ,the labor organization and employer shall each select the members of the tripartite arbitration panel within #ad days of the ,service's referral4 ,any member not so selected by such date shall be selected by the ,service4 7,c7 ,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 practicable1 and 7absent extraordinary circumstances or by agreement or permission of the parties7 not later than #abj days after the establishment of such panel4 ,such a decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 ,such decision shall be based on-- 7i7 the employer's financial status and prospects2 7ii7 the size and type of the employer's operations and business2 7iii7 the employees' cost of living2 7iv7 the employees' ability to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7v7 the wages and benefits that other employers in the same business provide their employees4 7#g7 ,subcontractors ,any employer receiving funds under this section shall require any subcontractor whose employees perform1 or will perform1 work funded under this section to comply with the requirements set forth in this subsection4 7l7 ,funds 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #fjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,costs of direct loans ,the ,secretary may use any amounts made available under paragraph 7#a7 to pay the costs of providing direct loans under the program4 7#c7 ,set aside ,not less than #bj1jjj1jjj of the amount made available to carry out this section each fiscal year under paragraph 7#a7 shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities4