,,ii #aaith ,,congress #ast ,session ,s4 #aicd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #c1 #bjbe ,mr4 ,cotton 7for himself and ,mr4 ,risch7 introduced the following bill2 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 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 economic security1 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-- 7,a7 shall include on the ,energy ,non-,procurement ,list any entity that-- 7i7 is 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 or 7iii7 has majority ownership of an entity on the ,energy ,non-,procurement ,list2 and 7,b7 may include on the ,energy ,non-,procurement ,list-- 7i7 any entity that is included on the ,consolidated ,screening ,list maintained by the ,international ,trade ,administration of the ,department of ,commerce2 and 7ii7 any other entity1 as determined by the ,secretary4 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 description of why an entity was included on the ,energy ,non-,procurement ,list1 including justification for any additions or removals of entities from the 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 ,definition of covered contractor ,in this section1 the term covered contractor means a general contractor1 prime contractor1 or other lead entity on a project involving the provision of funding to1 or the procurement of goods1 services1 or technology from-- 7#a7 an entity on the ,energy ,non-,procurement ,list2 or 7#b7 an entity that provides goods1 services1 or technologies that contain components from an entity on the ,energy ,non-,procurement ,list4 7b7 ,prohibition 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of this ,act1 except as provided in paragraph 7#b71 the ,secretary shall not enter into or renew any contract with a covered contractor4 7#b7 ,exception ,the ,secretary may enter into or renew a contract described in paragraph 7#a7 if the applicable goods1 services1 or technologies are not procurable in the manner1 timeliness1 or quantity required for the success of the applicable project-- 7,a7 the duration of which shall be determined based on the amount of time needed by the covered contractor to complete the applicable project2 and 7,b7 subject to conditions that the ,secretary may require4 7#c7 ,contractor submissions ,if the ,secretary enters into or renews a contract with a covered contractor under paragraph 7#b71 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 goods1 services1 or technologies that contain components from an entity on the ,energy ,non-,procurement ,list1 as applicable1 throughout the duration of the applicable contract4 7#d7 ,report ,not later than #ij days after the date that the ,secretary enters into or renews a contract with a covered contractor under paragraph 7#b71 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 potential alternative domestic or friendly-country sources of the goods1 services1 or technologies being procured in the applicable contract2 and 7,c7 recommendations for how to support developing domestic or friendly-country sources of those goods1 services1 or technologies1 if those sources do not exist4 #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