PROHIBITING THE PURCHASE OF PHOTOVOLTAIC MODULES OR INVERTERS FROM FOREIGN ENTITIES OF CONCERN.

SEC. 847. PROHIBITING THE PURCHASE OF PHOTOVOLTAIC MODULES OR INVERTERS FROM FOREIGN ENTITIES OF CONCERN. (a) In General.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 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 by 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) Limitation.— (1) In general.—Subsection (a) shall apply only to contracts regarding the direct procurement by the Department of Defense of photovoltaic modules or inverters and shall not apply to contracts 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 capability.—The prohibition 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, in order for the Department of Defense to determine alternate supply chains for such assets. (d) Exemption for Certain Activities.—The prohibition under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purposes of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.