S. 3320 — Keep China Out of Solar Energy Act of 2025

This section requires, not later than 180 days after enactment, (1) the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, to develop standards and guidelines prohibiting executive agencies from using federal funds awarded by contract, subcontract, grant, or subgrant—or government-issued purchase cards—to procure solar panels manufactured or assembled by a covered foreign entity; and (2) the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement the prohibition on such contracts and subcontracts.

This section establishes a waiver process from the prohibition under section 2, authorizing the head of an executive agency to request a waiver from the Secretaries of State and Homeland Security upon certifying that the covered entity is the only viable source for the solar panels, subject to their joint approval. It requires the agency head to notify the Director of the Office of Management and Budget (OMB) of waiver requests, with OMB submitting quarterly reports on such requests—including approvals or rejections—to the Senate Committees on Foreign Relations and Homeland Security and Governmental Affairs and the House Committees on Foreign Affairs and Oversight and Reform.

This section directs the Comptroller General of the United States to submit to Congress, not later than 275 days after the date of enactment of this Act, a report on the amount of solar panels procured by federal departments and agencies from covered entities.

This section directs the Director of the Office of Management and Budget to seek to enter into a contract with a federally funded research and development center (FFRDC), not later than one year after enactment, under which the FFRDC will conduct a study on (1) the current and future domestic market for solar panel production, (2) the ability of the domestic solar panel market to keep pace with industry technological advancements, and (3) the current global supply chain and workforce for solar panel production. The Director must submit the study to specified Senate and House committees not later than 30 days after receipt.

This section defines three terms for purposes of the Act: (1) covered entity, as any entity domiciled in the People's Republic of China or subject to influence or control by the Government of the People's 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, as that term is defined in 41 U.S.C. 133 (i.e., executive departments specified in 5 U.S.C. 101, military departments specified in 5 U.S.C. 102, independent establishments defined in 5 U.S.C. 104(1), and wholly owned government corporations fully subject to 31 U.S.C. ch. 91); and (3) solar panel, as crystalline silicon photovoltaic (PV) cells and modules.