S.Amdt. 2959

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.
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