Securing Energy Supply Chains Act
Sponsored By: Representative Rep. Fallon, Pat [R-TX-4]
Introduced
Summary
This bill would create an Energy Non-Procurement List to block foreign-linked companies that threaten U.S. national, energy, or economic security from Department of Energy contracts. It focuses first on firms tied to critical materials and batteries and sets rules for procurement exclusions and interagency coordination.
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- Covered companies and related parents or subsidiaries would be ineligible for DOE contracts and for first-tier subcontracts over $250,000 unless DOE determines the goods or services are not procurable from another source. Bidders must certify they are not a covered entity when submitting an offer.
- If a contractor or subcontractor is later found to be covered, DOE would terminate the contract unless an exception applies. Contracts entered under an exception require a report within 90 days analyzing alternatives and domestic sourcing steps.
- The Secretary of Energy would have to publish the unclassified list within 90 days and update it at least annually. The bill also requires a cross-agency List Overlap Study and a report to Congress within 1 year to harmonize federal lists and procurement bans.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Study to harmonize federal lists
If enacted, within one year the Secretary of Energy would lead a List Overlap Study with Commerce, Defense, State, Treasury, the Director of National Intelligence, and others. The study would identify overlap and gaps among federal lists of foreign entities of concern, sanctioned firms, Chinese military companies, and procurement‑prohibited entities. The Secretary would report to Congress with recommendations to harmonize those lists and clarify which entities federal agencies should not contract with.
DOE contract bans and rules
If enacted, beginning one year after enactment DOE would not enter into or renew contracts with a "covered" entity or person unless the Secretary finds the goods or services cannot be procured elsewhere in the needed way, time, or amount. Bidders would have to certify when they submit offers that they are not covered. The bill would define a covered person to include firms on the Energy Non‑Procurement List and anyone who funds or buys from a listed firm, and it would treat a "subcontract" as one over $250,000. If DOE finds a contractor becomes covered, DOE would have to terminate the contract unless a narrow exception applies, and DOE must report to Congress within 90 days when it uses an exception.
New energy procurement exclusion list
If enacted, the Secretary of Energy would create an "Energy Non‑Procurement List" within 90 days. The Secretary would prioritize firms that make or process critical materials, batteries, and battery parts. The list could include firms owned or controlled by a defined foreign entity of concern and firms already on certain federal lists, like the Chinese Military Company List or the OFAC SDN list. The Secretary would also be able to add parent or subsidiary companies or any firm the Secretary finds harmful to U.S. security or foreign policy.
Annual list updates and reports
If enacted, the Secretary of Energy would review and update the Energy Non‑Procurement List at least once a year. Within one year of enactment and each year after, DOE would send Congress an unclassified list and publish that unclassified list on the DOE website. The Secretary would also submit a classified annex to justify additions or removals.
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Sponsors & CoSponsors
Sponsor
Rep. Fallon, Pat [R-TX-4]
TX • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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