HR6853-119

What This Bill Does

The Securing Energy Supply Chains Act builds a DOE procurement screen for energy supply-chain risk. It defines an Energy Non-Procurement List, foreign entity of concern, and Secretary. Within 90 days, DOE must list entities engaged in activities detrimental to U.S. national security, energy security, economic security, public safety, or foreign policy, prioritizing entities that produce, process, extract, recycle, assemble, or provide critical materials, batteries, or battery components. DOE may include entities owned, controlled, or influenced by foreign entities of concern; entities on the Defense Department Chinese Military Company List; OFAC SDN list; State foreign terrorist organization list; Commerce Consolidated Screening List; or similar lists. One year after enactment, DOE may not enter or renew contracts with covered entities unless no alternative source can meet the project need. DOE contractors and first-tier subcontractors also may not use covered subcontracts without the same finding. Bidders must certify they are not covered entities, and DOE must terminate contracts if contractors or certain subcontractors are found covered, unless an exception applies. DOE must also coordinate with Commerce, Defense, State, Treasury, the intelligence community, and others to study overlapping federal lists of foreign entities of concern, sanctions targets, Chinese military companies, procurement-barred entities, and entities working with the Chinese Communist Party, then report harmonization recommendations to Congress.

Who Benefits and How

Domestic critical materials suppliers and battery manufacturers benefit if DOE procurement shifts away from foreign entities of concern and listed adversary-linked suppliers. DOE program offices benefit from a clearer list for procurement risk. Congress benefits from a cross-agency report on duplicative or conflicting entity lists. U.S. energy projects benefit if supply-chain security risks are identified before procurement.

Who Bears the Burden and How

DOE procurement staff must create and maintain the Energy Non-Procurement List, review bids, make alternative-source findings, and terminate contracts when required. DOE contractors and first-tier subcontractors must certify status and screen covered subcontracts. Foreign entities of concern and listed adversary-linked suppliers lose access to DOE contracts. Federal agencies must coordinate list-overlap data for the study and report.

Key Provisions

• Creates an Energy Non-Procurement List within 90 days for entities detrimental to U.S. security interests.
• Prioritizes critical materials, batteries, and battery-component supply-chain entities for review.
• Bars DOE contracts and covered subcontracts with listed entities after one year unless no adequate alternative source exists.
• Requires bidders to certify they are not covered entities and requires contract termination when covered status is found.
• Requires a cross-agency study and congressional report on harmonizing foreign-entity, sanctions, Chinese military company, and procurement-bar lists.