Sec. 875 — Limitation on availability of funds for purchase of photovoltaic cells, modules, or inverters from foreign entities of concern

Statutory text

(a) Limitation. Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense may be used to enter into a contract for the procurement of photovoltaic cells, modules, or inverters manufactured by a foreign entity of concern (as defined in section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8))).

(b) Waiver authority. The Secretary of Defense may waive subsection (a) if the Secretary—(1)determines that there is no alternative source of photovoltaic cells, modules, or inverters other than from a foreign entity of concern;(2)determines there is no national security risk posed by the use of photovoltaic cells, modules, or inverters manufactured by a foreign entity of concern; and(3)submits a certification of such determination in writing to the congressional defense committees not later than 30 days before entering into a contract described under such subsection.

(c) Applicability

(1) In general. Subsection (a) shall not apply to a contract involving any third party financing arrangements, including energy savings contracts and those involving privatized military housing or assets that enhance combat capability.

(2) Delayed effective date for assets that enhance combat capabilityThe limitation under subsection (a) shall not apply to assets that enhance combat capability for a period of one year following the date of the enactment of this Act.

(d) Exemption for certain activities. The limitation under subsection (a) shall not apply if the procurement is for the purposes of intelligence, electronic warfare, or information warfare operations, testing, analysis, and training.