I 118THCONGRESS 2 DSESSION H. R. 7611 To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components. IN THE HOUSE OF REPRESENTATIVES MARCH11, 2024 Mr. H IGGINSof Louisiana introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid prod- ucts and components. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Facilitating the Re-4 shoring of Energy Grid Component Manufacturing Act of 5 2024’’. 6 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 7611 IH SEC. 2. ENERGY GRID PRODUCT AND COMPONENT MANU-1 FACTURING IN THE UNITED STATES. 2 (a) D EFINITIONS.—In this section: 3 (1) C OMPONENT.—The term ‘‘component’’ 4 means any part or element of an energy grid prod-5 uct. 6 (2) E LIGIBLE PROJECT.—The term ‘‘eligible 7 project’’ means a project to reequip, expand, or es-8 tablish (including through new construction) a man-9 ufacturing facility in the United States to produce 10 energy grid products or components. 11 (3) E NERGY GRID PRODUCT .—The term ‘‘en-12 ergy grid product’’ means— 13 (A) a bulk-power system (as defined in sec-14 tion 215(a) of the Federal Power Act (16 15 U.S.C. 824o(a))); 16 (B) a large power transformer; 17 (C) a switchgear or breaker; 18 (D) a converter; 19 (E) a direct current filter; 20 (F) an alternating current switch or 21 switchyard; 22 (G) an insulated-gate bipolar transistor; 23 (H) a capacitor; 24 (I) an inductor; 25 (J) an arrestor; 26 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 7611 IH (K) a resistor; 1 (L) a distribution transformer; 2 (M) grain-oriented electrical steel; 3 (N) continuously transposed conduction 4 (CTC) copper wire; 5 (O) silicon steel; 6 (P) any insulating material; and 7 (Q) any other electrical equipment com-8 monly used for the transmission or distribution 9 of electric energy by public electric utilities. 10 (4) S ECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Energy. 12 (b) L OANPROGRAM.— 13 (1) E STABLISHMENT.— 14 (A) I N GENERAL.—Not later than 180 15 days after the date of enactment of this Act, 16 and subject to the availability of appropriated 17 funds, the Secretary shall establish and carry 18 out a program to provide a total of not more 19 than $8,000,000,000 in loans to eligible individ-20 uals and entities (as determined by the Sec-21 retary) for the costs of activities relating to eli-22 gible projects. 23 (B) F INANCING METHOD.— 24 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 7611 IH (i) IN GENERAL.—Except as provided 1 in clause (ii), a loan under this subsection 2 shall be provided through the Federal Fi-3 nancing Bank, with the full faith and cred-4 it of the United States Government on the 5 principal and interest. 6 (ii) C OOPERATION WITH OTHER INSTI -7 TUTIONS.—A loan under this subsection 8 may be provided in cooperation with 1 or 9 more banks or other financial institutions 10 through agreements to participate on an 11 immediate or deferred (guaranteed) basis. 12 (C) C REDIT SUBSIDY.—The full credit sub-13 sidy for each loan provided under this sub-14 section shall be paid by the Secretary using ap-15 propriated funds. 16 (2) A PPLICATION.—An individual or entity de-17 siring a loan under this subsection shall submit to 18 the Secretary an application at such time, in such 19 manner, and containing such information as the Sec-20 retary may require, including a written assurance 21 that— 22 (A) all laborers and mechanics employed 23 by contractors or subcontractors during any 24 construction, alteration, or repair that is fi-25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 7611 IH nanced, in whole or in part, by a loan provided 1 under this subsection shall be paid wages at 2 rates not less than those prevailing on projects 3 of a character similar in the locality, as deter-4 mined by the Secretary of Labor in accordance 5 with sections 3141 through 3144, 3146, and 6 3147 of title 40, United States Code; and 7 (B) the Secretary of Labor shall, with re-8 spect to the labor standards described in this 9 paragraph, have the authority and functions set 10 forth in Reorganization Plan Numbered 14 of 11 1950 (5 U.S.C. App.) and section 3145 of title 12 40, United States Code. 13 (3) S ELECTION OF LOAN RECIPIENTS AND ELI -14 GIBLE PROJECTS.— 15 (A) I N GENERAL.—The Secretary may 16 provide a loan under this subsection if the Sec-17 retary determines that— 18 (i) the loan recipient— 19 (I) has a reasonable prospect of 20 repaying the principal and interest on 21 the loan; 22 (II) will provide sufficient infor-23 mation to the Secretary for the Sec-24 retary to ensure that the loan pro-25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 7611 IH ceeds are expended efficiently and ef-1 fectively; and 2 (III) has met such other criteria 3 as may be established and published 4 by the Secretary; and 5 (ii) the amount of the loan (when 6 combined with amounts available to the 7 loan recipient from other sources) will be 8 sufficient to carry out the eligible project 9 for which the loan is provided. 10 (B) R EASONABLE PROSPECT OF REPAY -11 MENT.—The Secretary shall base a determina-12 tion of whether there is a reasonable prospect 13 of repayment of the principal and interest on a 14 loan under subparagraph (A)(i)(I) on a com-15 prehensive evaluation of whether the loan re-16 cipient has a reasonable prospect of repaying 17 the principal and interest, including, as applica-18 ble, an evaluation of— 19 (i) the strength of the contractual 20 terms of the applicable eligible project (if 21 commercially reasonably available); 22 (ii) the forecast of noncontractual 23 cash flows supported by market projections 24 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 7611 IH from reputable sources, as determined by 1 the Secretary; 2 (iii) cash sweeps and other structure 3 enhancements; 4 (iv) the projected financial strength of 5 the loan recipient— 6 (I) at the time of loan close; and 7 (II) throughout the loan term 8 after the applicable eligible project is 9 completed; 10 (v) the financial strength of the inves-11 tors and strategic partners of the loan re-12 cipient, if applicable; and 13 (vi) other financial metrics and anal-14 yses that are relied on by the private lend-15 ing community and nationally recognized 16 credit rating agencies, as determined to be 17 appropriate by the Secretary. 18 (4) R ATES, TERMS, AND REPAYMENT OF 19 LOANS.—A loan provided under this subsection— 20 (A) shall have an interest rate that, as of 21 the date on which the loan is provided, is equal 22 to the cost of funds to the Department of the 23 Treasury for obligations of comparable matu-24 rity; 25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 7611 IH (B) shall have a term equal to the lesser 1 of— 2 (i) the projected life, in years, of the 3 eligible project to be carried out using pro-4 ceeds from the loan, as determined by the 5 Secretary; and 6 (ii) 20 years; 7 (C) may be subject to a deferral in repay-8 ment for not more than 5 years after the date 9 on which the eligible project carried out using 10 proceeds from the loan first begins operations, 11 as determined by the Secretary; 12 (D) shall be made by the Federal Financ-13 ing Bank; and 14 (E) shall be subject to the condition that 15 the loan is not subordinate to other financing. 16 (5) C ONFLICTS OF INTEREST .—For each loan 17 provided under this subsection, the Secretary shall 18 certify that political influence did not affect the pro-19 vision of the loan, including— 20 (A) selection of the eligible project for 21 which the loan was provided; and 22 (B) selection of the loan recipient. 23 (6) A DMINISTRATIVE FEE.—The Secretary may 24 charge a fee for the administrative and closing costs 25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 7611 IH of a loan provided under this subsection, subject to 1 the condition that the fee does not exceed the lesser 2 of— 3 (A) $100,000; and 4 (B) 10 basis points of the principal 5 amount of the loan. 6 (c) I MPROVEMENT.—Not later than 90 days after the 7 date of enactment of this Act, the Secretary shall promul-8 gate an interim final rule establishing regulations that the 9 Secretary determines to be necessary to administer this 10 section and any loans provided by the Secretary under 11 subsection (b). 12 (d) P RIORITY.— 13 (1) I N GENERAL.—In providing loans under 14 this section to manufacturers (including component 15 suppliers) that have existing facilities, the Secretary 16 shall give priority to manufacturers that are seeking 17 to expand manufacturing output through— 18 (A) the establishment of 1 or more new fa-19 cilities; or 20 (B) the reopening of 1 or more facilities. 21 (2) I DLE FACILITIES.—A facility described in 22 subparagraph (A) or (B) of paragraph (1) may be 23 sitting idle as of the date on which the applicable 24 loan is provided under this section. 25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 7611 IH (e) SETASIDE FORSMALLENERGYGRIDPRODUCT 1 M ANUFACTURERS AND COMPONENTSUPPLIERS.— 2 (1) D EFINITION OF COVERED FIRM .—In this 3 subsection, the term ‘‘covered firm’’ means a firm 4 that— 5 (A) employs fewer than 500 individuals; 6 and 7 (B) manufactures energy grid products or 8 components. 9 (2) S ET ASIDE.—Of the amounts used to pro-10 vide loans each fiscal year under subsection (b), the 11 Secretary shall use not less than 5 percent to pro-12 vide loans to— 13 (A) covered firms; or 14 (B) consortia led by covered firms. 15 (f) A PPOINTMENT AND PAY OFPERSONNEL.— 16 (1) I N GENERAL.—The Secretary may use di-17 rect hiring authority pursuant to section 3304(a)(3) 18 of title 5, United States Code, to appoint such pro-19 fessional and administrative personnel as the Sec-20 retary determines to be necessary to carry out this 21 section and any functions of the Secretary under 22 this section. 23 (2) R ATE OF PAY.—The rate of pay for a per-24 son appointed pursuant to paragraph (1) shall not 25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 7611 IH exceed the maximum rate payable for GS–15 of the 1 General Schedule under chapter 53 of title 5, United 2 States Code. 3 (3) C ONSULTANTS.—The Secretary may retain, 4 pursuant to section 1901 of title 41, United States 5 Code, such consultants as the Secretary determines 6 to be necessary to carry out this section and any 7 functions of the Secretary under this section. 8 (g) O UTREACH.—In carrying out this section, the 9 Secretary shall— 10 (1) provide assistance with the completion of 11 applications for loans under this section; and 12 (2) conduct outreach, including through con-13 ferences and online programs, to disseminate infor-14 mation about loans under this section to potential 15 applicants. 16 (h) R EPORT.—Not later than 2 years after the date 17 of enactment of this Act, and every 2 years thereafter, 18 the Secretary shall submit to Congress a report on the 19 status of projects supported by a loan under this section, 20 including— 21 (1) a list of projects for which a loan was pro-22 vided under this section, including, with respect to 23 each project— 24 (A) the loan amount; and 25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 7611 IH (B) the construction status of the project; 1 (2) the status of the loan repayment for each 2 project, including future repayment projections; 3 (3) data regarding the number of direct and in-4 direct jobs retained, restored, or created by financed 5 projects; 6 (4) a projection of the number of new projects 7 for which the Secretary expects to provide a loan 8 under this section during the 2-year period begin-9 ning on the date of the report, including the pro-10 jected aggregate loan amount over that 2-year pe-11 riod; 12 (5) an evaluation of ongoing compliance with 13 the assurances and commitments (and the accuracy 14 of any predictions) made by applicants pursuant to 15 paragraphs (2) and (3) of subsection (b); 16 (6) the total number of applications received by 17 the Secretary each year; and 18 (7) any other metrics that the Secretary deter-19 mines to be appropriate. 20 (i) F UNDING.— 21 (1) R ESCISSION.—Of the unobligated balance of 22 amounts made available by section 129 of division A 23 of the Consolidated Security, Disaster Assistance, 24 and Continuing Appropriations Act, 2009 (Public 25 VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 7611 IH Law 110–329; 122 Stat. 3578), $2,400,000,000 are 1 rescinded. 2 (2) D IRECT APPROPRIATION.—If sufficient un-3 obligated amounts made available by section 129 of 4 division A of the Consolidated Security, Disaster As-5 sistance, and Continuing Appropriations Act, 2009 6 (Public Law 110–329; 122 Stat. 3578), are available 7 on the date of enactment of this Act to execute the 8 entire rescission described in paragraph (1), on the 9 day after the execution of the entire rescission, there 10 is appropriated to the Secretary, out of amounts in 11 the Treasury not otherwise appropriated, 12 $2,400,000,000 to carry out this section, to remain 13 available until expended. 14 Æ VerDate Sep 11 2014 18:17 Mar 18, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\H7611.IH H7611 ssavage on LAPJG3WLY3PROD with BILLS