Securing Energy Supply Chains Act

Summary#

This bill requires the Secretary of Energy to create and maintain an "Energy Non-Procurement List." The list must identify entities the Secretary determines are engaged in activities harmful to U.S. national security, economic security, or foreign policy. The Secretary must prioritize entities that make or provide critical materials and batteries or battery components. The list must include any foreign entity of concern, companies on the Department of Defense Chinese Military Company List, and entities majority-owned by listed entities. The Secretary may also add entities from other federal screening lists. The list must be updated at least once a year. The Department of Energy must submit an annual report to two congressional committees with an unclassified list for publication and a classified annex explaining reasons for listings.

The bill also limits Department of Energy contracting. Starting one year after enactment, the Secretary generally may not enter into or renew contracts with "covered contractors" — contractors that procure from entities on the list or that use components from those entities. The Secretary may make an exception if needed goods, services, or technologies cannot be procured in the needed way, time, or quantity; such exceptions are for the time needed to finish the project and can include conditions. If an exception is used, the covered contractor must report monthly any agreements with listed entities, and the Secretary must report to Congress within 90 days describing the contract, analyzing alternative domestic or friendly-country sources, and recommending how to support development of such sources.

Finally, the bill requires a study, done with several federal agencies, to identify lists maintained across agencies (for example, lists of foreign entities of concern, sanctioned entities, Chinese military companies, and entities banned from procurement) and to find overlaps. The Secretary must report study results and give recommendations for harmonizing those lists within one year of enactment.

What it means for you#

• If you are a contractor bidding for or holding a Department of Energy contract, you could be barred from new or renewed DOE contracts if you buy goods or components from entities on the Energy Non-Procurement List. Contractors who receive an exception must report monthly about agreements with listed entities.
• If you are a supplier of critical materials or battery components, being placed on the list could affect your ability to supply DOE projects.
• The Department of Energy will publish an unclassified version of the list on its website and will send more detailed classified information to Congress.
• Federal agencies will study and report on overlapping lists across the government to try to make those lists clearer.

Expenses#

No publicly available information on expected costs, budgetary effects, or estimates for implementing the list, enforcement, reporting, or the required study.

Proponents' View#

No publicly available information presenting supporters' statements or arguments in the bill text or metadata provided.

Opponents' View#

No publicly available information presenting opponents' statements or arguments in the bill text or metadata provided.