[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6853 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6853
To require the Secretary of Energy to identify entities engaged in
activities detrimental to the national security, economic security, or
foreign policy of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2025
Mr. Fallon introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Secretary of Energy to identify entities engaged in
activities detrimental to the national security, economic security, or
foreign policy of the United States, and for other purposes.
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 ``Securing Energy Supply Chains Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Energy non-procurement list.--The term ``Energy Non-
Procurement List'' means the list of identified entities
established under section 3(a)(1).
(2) Foreign entity of concern.--The term ``foreign entity
of concern'' has the meaning given the term in section 40207(a)
of the Infrastructure Investment and Jobs Act (42 U.S.C.
18741(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. ENERGY NON-PROCUREMENT LIST.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a list of
identified entities that the Secretary has determined, based on
the most recent information available, are engaged in
activities detrimental to the national security, energy
security, economic security, public safety, or foreign policy
of the United States.
(2) Prioritization.--In carrying out paragraph (1), the
Secretary shall prioritize identifying entities that produce,
manufacture, process, extract, recycle, assemble, or otherwise
provide--
(A) critical materials (as defined in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)));
or
(B) batteries, including battery components.
(3) Inclusions.--In carrying out paragraph (1), the
Secretary may include on the Energy Non-Procurement List--
(A) any entity that--
(i) is owned, controlled, or influenced by
a foreign entity of concern;
(ii) is included on the Chinese Military
Company List of the Department of Defense
published under section 1260H of the William M.
(Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (10 U.S.C. 113 note;
Public Law 116-283);
(iii) is included on the list of specially
designated nationals and blocked persons
maintained by the Office of Foreign Assets
Control of the Department of the Treasury
(commonly known as the ``SDN list'');
(iv) is included on the State Department
list of foreign terrorist organizations; or
(v) is included on the Consolidated
Screening List maintained by the International
Trade Administration of the Department of
Commerce;
(B) any entity that is a subsidiary or parent
company of an entity included on the Energy Non-
Procurement List under subparagraph (A); and
(C) any other entity, as determined by the
Secretary to be engaged in activities detrimental to
the national security, economic security, or foreign
policy of the United States.
(4) Annual revisions.--The Secretary shall, not less
frequently than annually, make additions or deletions to the
Energy Non-Procurement List.
(5) Consultation.--In carrying out paragraph (1), the
Secretary may consult with the head of any appropriate Federal
department or agency.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report containing--
(A) the most up-to-date Energy Non-Procurement
List; and
(B) a justification of why an entity was included
on or removed from the Energy Non-Procurement List, as
applicable.
(2) Form.--
(A) Unclassified.--The information required under
paragraph (1)(A) shall be submitted in unclassified
form.
(B) Classified.--The information required under
paragraph (1)(B) shall be submitted as a classified
annex.
(3) Publication.--Concurrent with the submission of a
report described in paragraph (1), the Secretary shall publish
the unclassified portion of that report on the website of the
Department of Energy.
SEC. 4. PROHIBITION ON PROCUREMENT.
(a) Prohibition.--
(1) In general.--Beginning on the date that is 1 year after
the date of the enactment of this Act--
(A) the Secretary may not enter into or renew any
DOE contract with a covered individual or entity unless
the Secretary determines that the goods or services to
be procured under such contract are not procurable from
another source in the manner, time frame, or quantity
required for the success of the applicable project; and
(B) a contractor of the Department of Energy (and
any first-tier subcontractor thereof) may not enter
into or renew a covered subcontract with a covered
individual or entity unless the Secretary determines
that the goods or services to be procured under such
subcontract are not procurable from another source in
the manner, time frame, or quantity required for the
success of the applicable project.
(2) Certification.--Each bidder or offeror for a DOE
contract shall certify at the time of the submission of such
bid or offer that the bidder or offeror is not a covered
individual or entity.
(3) Contract termination.--In the case that the Secretary
determines during the term of a DOE contract that the
contractor (or subcontractor thereof at the first or second
tier) is a covered individual or entity, the Secretary shall
terminate the DOE contract unless the Secretary determines--
(A) that the applicable goods or services are not
procurable from another source in the manner, time
frame, or quantity required for the success of the
applicable project; or
(B) with respect to a subcontractor that is a
covered individual or entity, the person that
subcontracted with such subcontractor acted in good
faith at such time in determining that the
subcontractor was not a covered individual or entity.
(b) Report.--Not later than 90 days after the date on which the
Secretary enters into or renews a contract with a person under an
exception provided by subsection (a)(1), the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that includes--
(1) a description of the applicable contract;
(2) an analysis of any existing alternative sources of the
goods or services being procured in the applicable contract;
and
(3) recommendations for how to support the development of
domestic sources of those goods, services, or technologies, if
those sources do not exist.
(c) Definition.--In this section:
(1) Covered individual or entity.--The term ``covered
individual or entity'' means--
(A) an entity on the Energy Non-Procurement List;
or
(B) an individual or entity that provides funding
to, or procures goods or services from an entity on the
Energy Non-Procurement List.
(2) DOE contract.--The term ``DOE contract'' means a
contract with the Department of Energy for the procurement of
goods or services.
(3) Subcontract.--The term ``subcontract'' means a
subcontract for an amount exceeding $250,000.
SEC. 5. LIST OVERLAP STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in coordination with the Secretary of
Commerce, the Secretary of Defense, the Secretary of State, the
Secretary of the Treasury, the Director of National Intelligence, and
the heads of other Federal departments and agencies, as the Secretary
determines appropriate, shall carry out a study to identify lists
created by each Federal department or agency, and any overlap present
when comparing those lists, relating to--
(1) foreign entities of concern;
(2) entities subject to sanctions imposed by the United
States;
(3) Chinese military companies;
(4) entities with which Federal agencies are prohibited
from entering into procurement contracts; and
(5) other entities that work with the Chinese Communist
Party.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
includes--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations on how to harmonize the lists
identified in the study conducted under subsection (a) in order
to provide clarification on which entities the Federal
Government should not contract with to procure goods, services,
or technology.
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