H.R. 6853

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6853 Introduced in House (IH)]

<DOC>

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.
<all>