Energy non-procurement list

(a) Establishment (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a list of identified entities that the Secretary has determined, based on the most recent information available, are engaged in activities detrimental to the national security, economic security, or foreign policy of the United States. (2) Prioritization In carrying out paragraph (1), the Secretary shall prioritize identifying entities that produce, manufacture, process, extract, recycle, assemble, or otherwise provide— (A) critical materials (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))); or (B) batteries, including battery components. (3) Inclusions In carrying out paragraph (1), the Secretary— (A) shall include on the Energy Non-Procurement List any entity that— (i) is a foreign entity of concern; (ii) is included on the Chinese Military Company List of the Department of Defense published 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); or (iii) has majority ownership of an entity on the Energy Non-Procurement List; and (B) may include on the Energy Non-Procurement List— (i) any entity that is included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; and (ii) any other entity, as determined by the Secretary. (4) Annual revisions The Secretary shall, not less frequently than annually, make additions or deletions to the Energy Non-Procurement List. (5) Consultation In carrying out paragraph (1), the Secretary may consult with the head of any appropriate Federal department or agency. (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, 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— (A) the most up-to-date Energy Non-Procurement List; and (B) a description of why an entity was included on the Energy Non-Procurement List, including justification for any additions or removals of entities from the list, as applicable. (2) Form (A) Unclassified The information required under paragraph (1)(A) shall be submitted in unclassified form. (B) Classified The information required under paragraph (1)(B) shall be submitted as a classified annex. (3) Publication Concurrent with the submission of a report described in paragraph (1), the Secretary shall publish the unclassified portion of that report on the website of the Department of Energy.