[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3134-S3135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1611. Mr. SCOTT of Florida (for himself, Mr. Rubio, and Mr. 
Barrasso) submitted an amendment intended to be proposed to amendment 
SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division D, add the following:

                 Subtitle E--Keeping China Out of Solar

     SEC. 4501. SHORT TITLE.

       This subtitle may be cited as the ``Keep China Out of Solar 
     Energy Act of 2021''.

     SEC. 4502. PROHIBITION ON PROCUREMENT OF SOLAR PANELS FROM 
                   COVERED FOREIGN ENTITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management

[[Page S3135]]

     and Budget, in consultation with the Administrator of General 
     Services, shall develop standards and guidelines for 
     executive agencies to--
       (1) prohibit Federal funds from being awarded by contract, 
     subcontract, grant, or subgrant for the procurement of solar 
     panels that are manufactured or assembled by a covered 
     entity; and
       (2) prohibit the use of government-issued purchase cards to 
     purchase solar panels that are manufactured or assembled by a 
     covered entity.
       (b) Amendment of Federal Acquisition Regulation.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Federal Acquisition Regulatory Council shall amend the 
     Federal Acquisition Regulation to implement the prohibition 
     established pursuant to subsection (a)(1) with respect to 
     Federal contracts and subcontracts.

     SEC. 4503. EXEMPTION WAIVER.

       (a) In General.--The head of an executive agency may obtain 
     a waiver from the prohibition implemented pursuant to section 
     4502 if the agency head certifies to the Secretary of State 
     and the Secretary of Homeland Security that the covered 
     entity is the only viable source for the solar panels and the 
     Secretary of State and the Secretary of Homeland Security 
     jointly approve the waiver request.
       (b) Notification Requirements.--
       (1) In general.--The head of an agency requesting a waiver 
     under this section shall notify the Director of the Office of 
     Management and Budget of the request. The Director of the 
     Office of Management and Budget shall submit to the 
     appropriate congressional committees a quarterly report 
     listing requests listing under subsection (a), including 
     whether each such request was approved or rejected.
       (2) Appropriate congressional committees.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Oversight and Reform of the House of Representatives.

     SEC. 4504. COMPTROLLER GENERAL REPORT.

       Not later than 275 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to Congress a report on the amount of solar panels 
     procured by Federal departments and agencies from covered 
     entities.

     SEC. 4505. STUDY.

       (a) Independent Study.--Not later than one year after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall seek to enter into a contract 
     with a federally funded research and development center under 
     which the center will conduct a study of--
       (1) the current and future domestic market of solar panel 
     production;
       (2) the ability of the solar panel domestic market to keep 
     pace with technological advancements across the industry; and
       (3) the current global supply chain and workforce involved 
     with solar panel production.
       (b) Submission to Congress.--Not later than 30 days after 
     the date on which the Director of the Office of Management 
     and Budget receives the study under subsection (b), the 
     Director shall submit the study to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Energy and Natural Resources of 
     the Senate; and
       (2) the Committee on Homeland Security, the Committee on 
     Oversight and Reform, and the Committee on Energy and 
     Commerce of the House of Representatives.

     SEC. 4506. DEFINITIONS.

       In this subtitle:
       (1) Covered entity.--The term ``covered entity'' means any 
     entity domiciled in the People's Republic of China or subject 
     to influence or control by the Government of the People 
     Republic of China or the Communist Party of the People's 
     Republic of China, as determined by the Secretary of Homeland 
     Security.
       (2) Executive agency.-- The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
       (3) Solar panel.--The term ``solar panel'' means 
     crystalline silicon photovoltaic (PV) cells and modules.
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