S. 1934 — Securing Energy Supply Chains Act

This section defines three terms for purposes of the Act: (1) Energy Non-Procurement List, as the list of identified entities established under section 3(a)(1); (2) foreign entity of concern, as having the meaning given that term in section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)); and (3) Secretary, as the Secretary of Energy.

This section directs the Secretary of Energy to establish, not later than 90 days after enactment, the Energy Non-Procurement List of entities determined—based on the most recent information available—to be engaged in activities detrimental to U.S. national security, economic security, or foreign policy. In creating and annually revising the list, the Secretary must prioritize entities that produce, manufacture, process, extract, recycle, assemble, or provide critical materials (as defined in 30 U.S.C. 1606(a)) or batteries (including components); mandatorily include foreign entities of concern, entities on the Department of Defense's Chinese Military Company List (10 U.S.C. 113 note), and any entity with majority ownership of a listed entity; and may include entities on the Consolidated Screening List or others as appropriate, with consultation from other federal agencies permitted. Not later than one year after enactment and annually thereafter, the Secretary must submit to the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce (1) the current list in unclassified form and (2) justifications for inclusions or removals as a classified annex, concurrently publishing the unclassified portion on the Department of Energy website.

This section prohibits the Secretary of Energy from entering into or renewing any contract with a covered contractor beginning one year after the date of enactment, subject to an exception if required goods, services, or technologies are not procurable in the manner, timeliness, or quantity needed for project success. It defines a covered contractor as a general contractor, prime contractor, or other lead entity on a project involving funding to or procurement of goods, services, or technology from (1) an entity on the Energy Non-Procurement List or (2) an entity providing such items containing components from an entity on that list. Under the exception, (1) the contract duration is limited to the time needed to complete the project and is subject to Secretary-imposed conditions; (2) the covered contractor must submit monthly reports detailing its agreements with listed entities; and (3) within 90 days, the Secretary must report to the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce on the contract, an analysis of alternative domestic or friendly-country sources, and recommendations to develop such sources if they do not exist.

This section directs the Secretary, in coordination with the Secretaries of Commerce, Defense, State, and Treasury, the Director of National Intelligence, and other relevant agency heads, to conduct a study within one year of enactment identifying federal lists of (1) foreign entities of concern, (2) entities subject to U.S. sanctions, (3) Chinese military companies, (4) entities prohibited from federal procurement contracts, and (5) other entities working with the Chinese Communist Party, including any overlaps among those lists. The section further requires the Secretary to submit a report to Congress within one year of enactment containing the study results and recommendations to harmonize the lists for clarifying prohibited entities in federal procurement of goods, services, or technology.