Sponsor
Pat Fallon
Representative · R-TX
Representative · R-TX
The bill strengthens national-security and supply‑chain protections for energy by creating a harmonized Energy Non‑Procurement List and clearer DOE authority, but it narrows vendor pools and increases compliance, administrative costs, and risks of delays or mistaken listings that could raise procurement costs for taxpayers and industry.
Utilities, critical infrastructure operators, government contractors, and taxpayers gain a public, harmonized Energy Non-Procurement List and related guidance so they can avoid sourcing from foreign entities that threaten energy supply chains, improving national-security and supply-chain risk management.
Federal procurement officials and the Department of Energy will have a clear, consistent definition of 'foreign entity of concern' and an explicit named authority (the Secretary of Energy), reducing legal uncertainty and speeding procurement decisions and administration.
Utilities, state governments, and contractors get a standardized Energy Non-Procurement List and harmonized guidance that aids compliance, improves interagency coordination, and reduces duplicative list‑maintenance efforts.
Utilities, government contractors, and taxpayers may face higher procurement costs and fewer vendor options because harmonized exclusion lists and procurement restrictions narrow the bidder pool.
Government contractors and procurement officials will face increased compliance burdens (bid certifications, subcontractor vetting, reporting) and greater risk of contract disruptions or terminations, adding administrative overhead and delay.
Projects and infrastructure programs could be delayed or disrupted if commonly used vendors are excluded or linked to listed entities, forcing agencies to identify and qualify alternative suppliers.
Based on analysis of 5 sections of legislative text.
Establishes an Energy Non-Procurement List and bars DOE contracts/subcontracts with listed entities, prioritizing critical materials and battery supply chains, with limited exceptions.
Official title: To require the Secretary of Energy to identify entities engaged in activities detrimental to the national security, economic security, or foreign policy of the United States, and for other purposes.
Introduced December 18, 2025 by Pat Fallon · Last progress December 18, 2025
Creates an "Energy Non-Procurement List" of foreign and other entities the Secretary of Energy determines are harmful to U.S. national, energy, economic, or public safety interests and bars the Department of Energy and DOE contractors from entering or renewing procurements with covered entities (with narrow exceptions). It also requires an interagency study and report to Congress to identify and harmonize overlapping federal lists of entities of concern and sanctions lists. The bill requires the Secretary of Energy to publish an unclassified list (with a classified annex) and to prioritize entities tied to critical materials and batteries. The procurement ban takes effect one year after enactment, and the Secretary must create the initial list within 90 days and update it annually; exceptions and reporting requirements apply when the DOE uses nonprocurement waivers.