,i #aaith ,,congress #ast ,session ,h4 ,r4 #fhec ,,in ,,the ,,house ,,of ,,representatives ,december #ah1 #bjbe,mr4 ,fallon introduced the following bill2 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 security1 economic security1 or foreign policy of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,energy ,supply ,chains ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,energy ,non-,procurement ,list ,the term ,energy ,non-,procurement ,list means the list of identified entities established under section #c7;a77#a74 7#b7 ,foreign entity of concern ,the term foreign entity of concern has the meaning given the term in section #djbjg7;a7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgda7;a774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #c4 ,energy non-procurement list 7a7 ,establishment 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a list of identified entities that the ,secretary has determined1 based on the most recent information available1 are engaged in activities detrimental to the national security1 energy security1 economic security1 public safety1 or foreign policy of the ,united ,states4 7#b7 ,prioritization ,in carrying out paragraph 7#a71 the ,secretary shall prioritize identifying entities that produce1 manufacture1 process1 extract1 recycle1 assemble1 or otherwise provide-- 7,a7 critical materials 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a7772 or 7,b7 batteries1 including battery components4 7#c7 ,inclusions ,in carrying out paragraph 7#a71 the ,secretary may include on the ,energy ,non-,procurement ,list-- 7,a7 any entity that-- 7i7 is owned1 controlled1 or influenced by a foreign entity of concern2 7ii7 is included on the ,chinese ,military ,company ,list of the ,department of ,defense published under section #abfj;,h of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#aj ,u4,s4,c4 #aac note2 ,public ,law #aaf-bhc72 7iii7 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 7commonly known as the ,,sdn list72 7iv7 is included on the ,state ,department list of foreign terrorist organizations2 or 7v7 is included on the ,consolidated ,screening ,list maintained by the ,international ,trade ,administration of the ,department of ,commerce2 7,b7 any entity that is a subsidiary or parent company of an entity included on the ,energy ,non-,procurement ,list under subparagraph 7,a72 and 7,c7 any other entity1 as determined by the ,secretary to be engaged in activities detrimental to the national security1 economic security1 or foreign policy of the ,united ,states4 7#d7 ,annual revisions ,the ,secretary shall1 not less frequently than annually1 make additions or deletions to the ,energy ,non-,procurement ,list4 7#e7 ,consultation ,in carrying out paragraph 7#a71 the ,secretary may consult with the head of any appropriate ,federal department or agency4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7,a7 the most up-to-date ,energy ,non-,procurement ,list2 and 7,b7 a justification of why an entity was included on or removed from the ,energy ,non-,procurement ,list1 as applicable4 7#b7 ,form 7,a7 ,unclassified ,the information required under paragraph 7#a77;,a7 shall be submitted in unclassified form4 7,b7 ,classified ,the information required under paragraph 7#a77;,b7 shall be submitted as a classified annex4 7#c7 ,publication ,concurrent with the submission of a report described in paragraph 7#a71 the ,secretary shall publish the unclassified portion of that report on the website of the ,department of ,energy4 #d4 ,prohibition on procurement 7a7 ,prohibition 7#a7 ,in general ,beginning on the date that is #a year after the date of the enactment of this ,act-- 7,a7 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 manner1 time frame1 or quantity required for the success of the applicable project2 and 7,b7 a contractor of the ,department of ,energy 7and any first-tier subcontractor thereof7 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 manner1 time frame1 or quantity required for the success of the applicable project4 7#b7 ,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 entity4 7#c7 ,contract termination ,in the case that the ,secretary determines during the term of a ,,doe contract that the contractor 7or subcontractor thereof at the first or second tier7 is a covered individual or entity1 the ,secretary shall terminate the ,,doe contract unless the ,secretary determines-- 7,a7 that the applicable goods or services are not procurable from another source in the manner1 time frame1 or quantity required for the success of the applicable project2 or 7,b7 with respect to a subcontractor that is a covered individual or entity1 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 entity4 7b7 ,report ,not later than #ij days after the date on which the ,secretary enters into or renews a contract with a person under an exception provided by subsection 7a77#a71 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-- 7#a7 a description of the applicable contract2 7#b7 an analysis of any existing alternative sources of the goods or services being procured in the applicable contract2 and 7#c7 recommendations for how to support the development of domestic sources of those goods1 services1 or technologies1 if those sources do not exist4 7c7 ,definition ,in this section3 7#a7 ,covered individual or entity ,the term covered individual or entity means-- 7,a7 an entity on the ,energy ,non-,procurement ,list2 or 7,b7 an individual or entity that provides funding to1 or procures goods or services from an entity on the ,energy ,non-,procurement ,list4 7#b7 ,,doe contract ,the term ,,doe contract means a contract with the ,department of ,energy for the procurement of goods or services4 7#c7 ,subcontract ,the term subcontract means a subcontract for an amount exceeding #bej1jjj4 #e4 ,list overlap study 7a7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,commerce1 the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of the ,treasury1 the ,director of ,national ,intelligence1 and the heads of other ,federal departments and agencies1 as the ,secretary determines appropriate1 shall carry out a study to identify lists created by each ,federal department or agency1 and any overlap present when comparing those lists1 relating to-- 7#a7 foreign entities of concern2 7#b7 entities subject to sanctions imposed by the ,united ,states2 7#c7 ,chinese military companies2 7#d7 entities with which ,federal agencies are prohibited from entering into procurement contracts2 and 7#e7 other entities that work with the ,chinese ,communist ,party4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 the results of the study conducted under subsection 7a72 and 7#b7 recommendations on how to harmonize the lists identified in the study conducted under subsection 7a7 in order to provide clarification on which entities the ,federal ,government should not contract with to procure goods1 services1 or technology4