[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1934 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1934
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 SENATE OF THE UNITED STATES
June 3, 2025
Mr. Cotton (for himself and Mr. Risch) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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, economic
security, 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--
(A) shall include on the Energy Non-Procurement
List any entity that--
(i) is 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); or
(iii) has majority ownership of an entity
on the Energy Non-Procurement List; and
(B) may include on the Energy Non-Procurement
List--
(i) any entity that is included on the
Consolidated Screening List maintained by the
International Trade Administration of the
Department of Commerce; and
(ii) any other entity, as determined by the
Secretary.
(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 description of why an entity was included on
the Energy Non-Procurement List, including
justification for any additions or removals of entities
from the 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) Definition of Covered Contractor.--In this section, the term
``covered contractor'' means a general contractor, prime contractor, or
other lead entity on a project involving the provision of funding to,
or the procurement of goods, services, or technology from--
(1) an entity on the Energy Non-Procurement List; or
(2) an entity that provides goods, services, or
technologies that contain components from an entity on the
Energy Non-Procurement List.
(b) Prohibition.--
(1) In general.--Beginning on the date that is 1 year after
the date of enactment of this Act, except as provided in
paragraph (2), the Secretary shall not enter into or renew any
contract with a covered contractor.
(2) Exception.--The Secretary may enter into or renew a
contract described in paragraph (1) if the applicable goods,
services, or technologies are not procurable in the manner,
timeliness, or quantity required for the success of the
applicable project--
(A) the duration of which shall be determined based
on the amount of time needed by the covered contractor
to complete the applicable project; and
(B) subject to conditions that the Secretary may
require.
(3) Contractor submissions.--If the Secretary enters into
or renews a contract with a covered contractor under paragraph
(2), the covered contractor shall submit to the Secretary on a
monthly basis a report describing any agreements or contracts
entered into with any entity on the Energy Non-Procurement List
and with any entity that provides goods, services, or
technologies that contain components from an entity on the
Energy Non-Procurement List, as applicable, throughout the
duration of the applicable contract.
(4) Report.--Not later than 90 days after the date that the
Secretary enters into or renews a contract with a covered
contractor under paragraph (2), 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--
(A) a description of the applicable contract;
(B) an analysis of potential alternative domestic
or friendly-country sources of the goods, services, or
technologies being procured in the applicable contract;
and
(C) recommendations for how to support developing
domestic or friendly-country sources of those goods,
services, or technologies, if those sources do not
exist.
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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