Keep China Out of Solar Energy Act of 2021
Bill: S.1062 | Sponsor: Sen. Scott, Rick (R-FL)
Policy area: Government Operations and Politics

Summary:
Keep China Out of Solar Energy Act of 2021
This bill prohibits federal procurement of solar panels manufactured or assembled in China.
Specifically, the bill directs the Office of Management and Budget (OMB) to develop standards and guidelines for executive agencies to prohibit (1) federal funds from being awarded for the procurement of solar panels that are manufactured or assembled by any entity domiciled in China or subject to influence or control by the government of China or the Chinese Communist Party, and (2) the use of government-issued purchase cards to purchase solar panels that are manufactured or assembled by any such entity.
The Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the prohibition with respect to federal contracts and subcontracts.
The bill sets forth provisions regarding waivers, quarterly reports by the OMB to Congress, and a report by the Government Accountability Office.
The OMB shall seek to enter into a contract with a federally funded research and development center under which the center will study (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.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep China Out of Solar Energy Act 
of 2021''.

SEC. 2. 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 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. 3. EXEMPTION WAIVER.

    (a) In General.--The head of an executive agency may obtain a 
waiver from the prohibition implemented pursuant to section 2 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. 4. 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. 5. 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. 6. DEFINITIONS.

    In this Act:
            (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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