What This Bill Does
This bill stops the federal government from buying solar panels made or put together in China. It requires the government to create rules that prevent federal money from going to contracts, grants or purchase cards for these solar panels.
Who It Affects
Executive agencies (federal government departments and agencies) that buy solar panels. Contractors and subcontractors who sell solar panels to the government. Companies in China that manufacture or assemble solar panels.
Key Provisions
The Director of the Office of Management and Budget must work with the Administrator of General Services to create standards preventing federal funds from buying solar panels made or assembled by Chinese entities (Sec. 2(a)(1)).
The Federal Acquisition Regulatory Council must change federal buying rules to block contracts and subcontracts for these solar panels (Sec. 2(b)).
An agency head can request a waiver (an exception) from this ban if they prove the Chinese company is the only source available and both the Secretary of State and Secretary of Homeland Security agree (Sec. 3(a)).
The Director of the Office of Management and Budget must send quarterly reports to Congress listing all waiver requests and whether they were approved or rejected (Sec. 3(b)(1)).
The Comptroller General of the United States must report to Congress on how many solar panels federal agencies bought from Chinese entities (Sec. 4).
What Changes
The federal government can no longer use taxpayer money to purchase solar panels manufactured or assembled in China, unless an approved waiver is granted. Federal agencies must follow new standards and updated buying rules when purchasing solar panels.
Important Definitions
"Covered entity" means any company located in China or controlled by the Chinese government or Communist Party, as decided by the Secretary of Homeland Security (Sec. 6(1)).
"Solar panel" means crystalline silicon photovoltaic cells and modules (Sec. 6(3)).
"Executive agency" has the meaning given in section 133 of title 41 of United States Code (Sec. 6(2)).
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 968
To prohibit the procurement of solar panels manufactured or assembled
in the People’s Republic of China.
IN THE SENATE OF THE UNITED STATES
MARCH 23, 2023
Mr. SCOTT of Florida (for himself, Mr. HAWLEY, Mr. RUBIO, and Mr. COT-
TON) introduced the following bill; which was read twice and referred to
the Committee on Homeland Security and Governmental Affairs
A BILL
To prohibit the procurement of solar panels manufactured
or assembled in the People’s Republic of China.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Keep China Out of
4
Solar Energy Act of 2023’’.
5
SEC. 2. PROHIBITION ON PROCUREMENT OF SOLAR PAN-
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ELS FROM COVERED FOREIGN ENTITIES.
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(a) IN GENERAL.—Not later than 180 days after the
8
date of the enactment of this Act, the Director of the Of-
9
fice of Management and Budget, in consultation with the
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•S 968 IS
Administrator of General Services, shall develop standards
1
and guidelines for executive agencies to—
2
(1) prohibit Federal funds from being awarded
3
by contract, subcontract, grant, or subgrant for the
4
procurement of solar panels that are manufactured
5
or assembled by a covered entity; and
6
(2) prohibit the use of Government-issued pur-
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chase cards to purchase solar panels that are manu-
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factured or assembled by a covered entity.
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(b) AMENDMENT OF FEDERAL ACQUISITION REGU-
10
LATION.—Not later than 180 days after the date of the
11
enactment of this Act, the Federal Acquisition Regulatory
12
Council shall amend the Federal Acquisition Regulation
13
to implement the prohibition established pursuant to sub-
14
section (a)(1) with respect to Federal contracts and sub-
15
contracts.
16
SEC. 3. EXEMPTION WAIVER.
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(a) IN GENERAL.—The head of an executive agency
18
may obtain a waiver from the prohibition implemented
19
pursuant to section 2 if the agency head certifies to the
20
Secretary of State and the Secretary of Homeland Secu-
21
rity that the covered entity is the only viable source for
22
the solar panels and the Secretary of State and the Sec-
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retary of Homeland Security jointly approve the waiver
24
request.
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•S 968 IS
(b) NOTIFICATION REQUIREMENTS.—
1
(1) IN GENERAL.—The head of an agency re-
2
questing a waiver under this section shall notify the
3
Director of the Office of Management and Budget of
4
the request. The Director of the Office of Manage-
5
ment and Budget shall submit to the appropriate
6
congressional committees a quarterly report listing
7
requests listing under subsection (a), including
8
whether each such request was approved or rejected.
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(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—In this subsection, the term ‘‘appropriate
11
congressional committees’’ means—
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(A) the Committee on Foreign Relations
13
and the Committee on Homeland Security and
14
Governmental Affairs of the Senate; and
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(B) the Committee on Foreign Affairs and
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the Committee on Oversight and Reform of the
17
House of Representatives.
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SEC. 4. COMPTROLLER GENERAL REPORT.
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Not later than 275 days after the date of the enact-
20
ment of this Act, the Comptroller General of the United
21
States shall submit to Congress a report on the amount
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of solar panels procured by Federal departments and
23
agencies from covered entities.
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•S 968 IS
SEC. 5. STUDY.
1
(a) INDEPENDENT STUDY.—Not later than one year
2
after the date of the enactment of this Act, the Director
3
of the Office of Management and Budget shall seek to
4
enter into a contract with a federally funded research and
5
development center under which the center will conduct
6
a study of—
7
(1) the current and future domestic market of
8
solar panel production;
9
(2) the ability of the solar panel domestic mar-
10
ket to keep pace with technological advancements
11
across the industry; and
12
(3) the current global supply chain and work-
13
force involved with solar panel production.
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(b) SUBMISSION TO CONGRESS.—Not later than 30
15
days after the date on which the Director of the Office
16
of Management and Budget receives the study under sub-
17
section (b), the Director shall submit the study to—
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(1) the Committee on Homeland Security and
19
Governmental Affairs and the Committee on Energy
20
and Natural Resources of the Senate; and
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(2) the Committee on Homeland Security, the
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Committee on Oversight and Reform, and the Com-
23
mittee on Energy and Commerce of the House of
24
Representatives.
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•S 968 IS
SEC. 6. DEFINITIONS.
1
In this Act:
2
(1) COVERED ENTITY.—The term ‘‘covered en-
3
tity’’ means any entity domiciled in the People’s Re-
4
public of China or subject to influence or control by
5
the Government of the People Republic of China or
6
the Communist Party of the People’s Republic of
7
China, as determined by the Secretary of Homeland
8
Security.
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(2) EXECUTIVE AGENCY.— The term ‘‘executive
10
agency’’ has the meaning given the term in section
11
133 of title 41, United States Code.
12
(3) SOLAR
PANEL.—The term ‘‘solar panel’’
13
means crystalline silicon photovoltaic (PV) cells and
14
modules.
15
Æ
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