S1934-119

1. Short title This Act may be cited as the Securing Energy Supply Chains Act.

2. Definitions In this Act: The term Energy Non-Procurement List means the list of identified entities established under section 3(a)(1). 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)). The term Secretary means the Secretary of Energy.

3. Energy non-procurement list 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. In carrying out paragraph (1), the Secretary shall prioritize identifying entities that produce, manufacture, process, extract, recycle, assemble, or otherwise provide— critical materials (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))); or batteries, including battery components. In carrying out paragraph (1), the Secretary— shall include on the Energy Non-Procurement List any entity that— is a foreign entity of concern; 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 has majority ownership of an entity on the Energy Non-Procurement List; and may include on the Energy Non-Procurement List— any entity that is included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; and any other entity, as determined by the Secretary. The Secretary shall, not less frequently than annually, make additions or deletions to the Energy Non-Procurement List. In carrying out paragraph (1), the Secretary may consult with the head of any appropriate Federal department or agency. 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— the most up-to-date Energy Non-Procurement List; and 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. The information required under paragraph (1)(A) shall be submitted in unclassified form. The information required under paragraph (1)(B) shall be submitted as a classified annex. 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 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— an entity on the Energy Non-Procurement List; or an entity that provides goods, services, or technologies that contain components from an entity on the Energy Non-Procurement List. 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. 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— the duration of which shall be determined based on the amount of time needed by the covered contractor to complete the applicable project; and subject to conditions that the Secretary may require. 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. 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 description of the applicable contract; an analysis of potential alternative domestic or friendly-country sources of the goods, services, or technologies being procured in the applicable contract; and recommendations for how to support developing domestic or friendly-country sources of those goods, services, or technologies, if those sources do not exist.

5. List overlap 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— foreign entities of concern; entities subject to sanctions imposed by the United States; Chinese military companies; entities with which Federal agencies are prohibited from entering into procurement contracts; and other entities that work with the Chinese Communist Party. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes— the results of the study conducted under subsection (a); and 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.