[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5229-S5230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2959. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 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;

[[Page S5230]]

which was ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 144. LIMITATIONS ON USE OF FUNDS FOR PHOTOVOLTAIC 
                   MODULES FROM OR INFLUENCED BY FOREIGN ENTITIES 
                   OF CONCERN.

       (a) Installation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for the 
     Department of Defense may be used to enter into a contract 
     for the installation of photovoltaic modules at any facility 
     or real property of the Department of Defense unless the 
     contract contains a provision prohibiting the procurement of 
     such photovoltaic modules from or influenced by a foreign 
     entity of concern.
       (b) Power Purchase Agreements.--None of the funds 
     authorized to be appropriated by this Act or otherwise made 
     available for the Department of Defense may be used to enter 
     into a power purchase agreement unless the agreement contains 
     a provision prohibiting the use of photovoltaic modules from 
     or influenced by a foreign entity of concern unless such 
     modules were installed prior to the date of enactment of this 
     Act.
       (c) Waiver.--The Secretary of Defense may waive the 
     requirements of this section if--
       (1) the Secretary determines that there is no alternative 
     source of photovoltaic modules other than from a foreign 
     entity of concern; and
       (2) the Secretary submits a certification of such 
     determination in writing to the appropriate congressional 
     committees not later than 30 days before entering into--
       (A) a contract for the procurement of the modules; or
       (B) a power purchase agreement.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
       (2) Foreign entity of concern.--The term ``foreign entity 
     of concern'' has the meaning given that term in section 
     9901(8) of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)).
       (3) Photovoltaic module.--The term ``photovoltaic module'' 
     has the meaning given the term ``solar module'' in section 
     45X(c)(3)(B)(v) of the Internal Revenue Code of 1986.
                                 ______