H.R. 6853

116 HR 6853 IH: Securing Energy Supply Chains Act
 U.S. House of Representatives
 2025-12-18
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 6853  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.
1.
Short title
This Act may be cited as the   Securing Energy Supply Chains Act  .
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.
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.
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.
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.