Entity of Concern Prohibition

None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of division B of Public Law 11

Section 310 of Title III of Division D of the 2024 Appropriations Act included a prohibition on entities of concern participating in DOE projects. 

Entity of Concern is defined as any entity, including a national, that is:

  1. Identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note; Public Law 105-261);                    
  2. Identified under section 1260H of the William M.(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116-283);                    
  3. On the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations;                    
  4. Included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 134 Stat. 656); or       
  5. Identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat--                          
    1. to the national security of the United States; or                          
    2. of theft or loss of United States intellectual property.

 

This "entity of concern" prohibition is different and distinct from DOE's "Foreign Entity of Concern" interpretive guidance.