S.Amdt. 1611

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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