[Congressional Record Volume 167, Number 188 (Tuesday, October 26, 2021)]
[Senate]
[Page S7386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3905. Mr. WARNOCK submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title VIII, add the following:

     SEC. 838. REQUIREMENT TO PROVIDE PHOTOVOLTAIC DEVICES FROM 
                   UNITED STATES SOURCES.

       (a) Contract Requirement.--The Secretary of Defense shall 
     ensure that each covered contract includes a provision 
     requiring that any photovoltaic device installed under the 
     contract be manufactured in the United States substantially 
     all from articles, materials, or supplies mined, produced, or 
     manufactured in the United States, unless the head of the 
     department or independent establishment concerned determines, 
     on a case-by-case basis, that the inclusion of such 
     requirement is inconsistent with the public interest or 
     involves unreasonable costs, subject to exceptions provided 
     in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) 
     or otherwise provided by law.
       (b) Definitions.--In this section:
       (1) Covered contract.--The term ``covered contract'' means 
     a contract awarded by the Department of Defense that provides 
     for a photovoltaic device to be--
       (A) installed inside the United States on Department of 
     Defense property or in a facility owned by the Department of 
     Defense; or
       (B) reserved for the exclusive or substantial use of the 
     Department of Defense in the United States.
       (2) Photovoltaic device.--The term ``photovoltaic device'' 
     means a device that converts light directly into electricity 
     through a solid-state, semiconductor process.
       (c) Applicability.--The requirements of this section shall 
     not apply to photovoltaic devices placed in service prior to 
     180 days after the date of the enactment of this Act.
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