Sponsors
The bill strengthens national-security protections and transparency by creating a harmonized Energy Non-Procurement List and clearer procurement rules, but it risks higher costs, supply delays, compliance burdens, and mistaken exclusions that could hurt legitimate suppliers and slow projects.
Federal procurement officials, government contractors, and utilities gain clearer definitions and a designated authority (Secretary of Energy) for who counts as a 'foreign entity of concern', reducing legal uncertainty and speeding implementation of procurement rules.
U.S. governments and critical infrastructure operators (including utilities) get a published Energy Non-Procurement List, enabling them to avoid sourcing from entities judged to threaten energy or national security and improving supply-chain risk management.
Operators and suppliers in clean-energy supply chains benefit from prioritization of critical materials and battery-related suppliers, targeting known vulnerabilities and focusing protection where supply interruptions would be most harmful.
Utilities, government projects, and taxpayers may face higher costs and slower timelines because broad exclusions and harmonized lists can shrink the pool of acceptable vendors and force sourcing to more expensive or slower domestic alternatives.
Legitimate U.S. or foreign firms risk mistaken blacklisting or reputational harm (with limited clarity or appeal), which can damage commercial opportunities and exports for affected companies.
Government contractors and subcontractors face new compliance burdens—verifying subcontractors, certifying bids, and meeting reporting requirements—which increases administrative costs and raises the risk of contract termination for noncompliance.
Based on analysis of 5 sections of legislative text.
Requires DOE to create an "Energy Non-Procurement List" of entities of concern and bars DOE contracts/subcontracts with listed parties unless no adequate alternative exists, with reporting and a harmonization study.
Creates an "Energy Non-Procurement List" of foreign or foreign-linked entities judged harmful to U.S. national, energy, economic, or foreign-policy interests, prioritizing firms tied to critical minerals and batteries. The Department of Energy must publish an unclassified list (with a classified annex to Congress), and one year after enactment DOE may not award or renew contracts — nor may DOE contractors award covered subcontracts — to listed entities unless the Secretary finds no adequate U.S. alternative. Requires bidder certifications, contract-termination rules if a covered party is discovered, and a cross-agency study to identify and harmonize federal lists of entities of concern. Reports to Congress and public posting of the unclassified list are required on a regular schedule.
Introduced December 18, 2025 by Pat Fallon · Last progress December 18, 2025