119-s1934

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1934 Introduced in Senate

    (IS) ]

<DOC>

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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