Prohibition on the purchase of photovoltaic modules from foreign entities of concern

(a) In general Except as provided by subsection (b), none of the funds made available by this Act may be used to acquire a photovoltaic module or photovoltaic cells manufactured by a foreign entity of concern (as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). (b) Waiver The Secretary of Defense may waive subsection (a) with respect to an acquisition of a photovoltaic module or photovoltaic cell manufactured by for foreign entity of concern if the Secretary— (1) determines that a sufficient quantity and satisfactory qualify of such photovoltaic module or photovoltaic cell, as applicable, manufactured by entities other than foreign entities of concern is not available as and when needed at United States market prices; (2) determines that the use of such photovolatic module or photovoltaic cell, as applicable, does not pose any risk to national security; and (3) submits to the appropriate congressional committees a certification of the determinations under paragraphs (1) and (2) not later than the date that is 30 days prior to the date on which the Secretary of Defense enters into a contract or other agreement for such acquisition. (c) Applicability Subsection (a) shall apply only with respect to contracts or other agreements for the acquisition of photovoltaic modules or photovoltaic cells directly by the Department of Defense that do not involve any third party financing arrangements, including energy savings contracts and contracts or other agreements involving privatized military housing. (d) Definitions In this section: (1) The term photovoltaic cell means the smallest semiconductor element of a photovoltaic module that performs the immediate conversion of light into electricity. (2) The term photovoltaic module means an end item (as such term is defined in section 4863 of title 10, United States Code) comprised of connected and laminated photovoltaic cells in an environmentally protected assembly that is suitable to generate electricity when exposed to sunlight.