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Union Calendar No. 530 

118TH CONGRESS 

2D SESSION H. R. 8631 

[Report No. 118–633] 

To prohibit the Secretary of Homeland Security from procuring certain 

foreign-made batteries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2024 

Mr. GIMENEZ (for himself, Mr. GREEN of Tennessee, Mr. MOOLENAAR, and 

Mr. PFLUGER) introduced the following bill; which was referred to the 

Committee on Homeland Security 

AUGUST 23, 2024 

Additional sponsor: Mr. MEUSER

AUGUST 23, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 5, 2024] 


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•HR 8631 RH

A BILL 

To prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes. 


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•HR 8631 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Decoupling from Foreign 

5 Adversarial Battery Dependence Act’’. 

6 SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

7 PROCUREMENT OF CERTAIN BATTERIES. 

8 (a) IN GENERAL.—Beginning on October 1, 2027, 

9 none of the funds authorized to be appropriated or otherwise 

10 made available for the Department of Homeland Security 

11 may be obligated to procure a battery produced by an entity 

12 specified in subsection (b). 

13 (b) ENTITIES SPECIFIED.—The entities specified in 

14 this subsection are the following: 

15 (1) Contemporary Amperex Technology Com16 pany, Limited (also known as ‘‘CATL’’). 

17 (2) BYD Company, Limited. 

18 (3) Envision Energy, Limited. 

19 (4) EVE Energy Company, Limited. 

20 (5) Gotion High tech Company, Limited. 

21 (6) Hithium Energy Storage Technology com22 pany, Limited. 

23 (7) Any entity on any list required under clauses 

24 (i), (ii), (iv), or (v) of section 2(d)(2)(B) of Public 


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1 Law 117–78 (commonly referred to as the ‘‘Uyghur 

2 Forced Labor Prevention Act’’). 

3 (8) Any entity identified by the Secretary of De4 fense as a Chinese military company pursuant to sec5 tion 1260H of the William M. (Mac) Thornberry Na6 tional Defense Authorization Act for Fiscal Year 2021 

7 (10 U.S.C. 113 note). 

8 (9) Any entity included in Supplement No. 4 to 

9 part 744 of title 15, Code of Federal Regulations, or 

10 any successor regulation. 

11 (10) Any subsidiary or successor to an entity 

12 specified in paragraphs (1) through (9). 

13 (c) TREATMENT OF PRODUCTION.—For purposes of 

14 this section, a battery shall be treated as produced by an 

15 entity specified in subsection (b) if such entity— 

16 (1) assembles or manufactures the final product 

17 that uses such battery; or 

18 (2) creates or otherwise provides a majority of 

19 the components used in such battery. 

20 (d) WAIVERS.— 

21 (1) RELATING TO ASSESSMENT.—The Secretary 

22 of Homeland Security may waive the limitation 

23 under subsection (a) if the Secretary assesses in the 

24 affirmative all of the following: 


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1 (A) The batteries to be procured do not pose 

2 a national security, data, or infrastructure risk 

3 to the United States. 

4 (B) There is no available alternative to pro5 cure batteries that are— 

6 (i) of similar or better cost and qual7 ity; and 

8 (ii) produced by an entity not specified 

9 in subsection (b). 

10 (2) RELATING TO RESEARCH.—The Secretary of 

11 Homeland Security may waive the limitation under 

12 subsection (a) if the Secretary determines that the 

13 batteries to be procured are for the sole purpose of re14 search, evaluation, training, testing, or analysis 

15 (3) CONGRESSIONAL NOTIFICATION.—Not later 

16 than 15 days after granting a waiver under this sub17 section, the Secretary of Homeland Security shall sub18 mit to the Committee on Homeland Security of the 

19 House of Representatives and the Committee on 

20 Homeland Security and Governmental Affairs of the 

21 Senate a notification relating thereto. 

22 (e) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary of Homeland Se24 curity shall submit to the Committee on Homeland Security 

25 of the House of Representatives and the Committee on 


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1 Homeland Security and Governmental Affairs of the Senate 

2 a report on the anticipated impacts on mission and costs 

3 on the Department of Homeland Security associated with 

4 carrying out this section, including with respect to fol5 lowing components of the Department: 

6 (1) U.S. Customs and Border Protection, includ7 ing the U.S. Border Patrol. 

8 (2) U.S. Immigration and Customs Enforcement, 

9 including Homeland Security Investigations. 

10 (3) The United States Secret Service. 

11 (4) The Transportation Security Administra12 tion. 

13 (5) The United States Coast Guard. 

14 (6) The Federal Protective Service. 

15 (7) The Federal Emergency Management Agency. 

16 (8) The Federal Law Enforcement Training Cen17 ters. 

18 (9) The Cybersecurity and Infrastructure Secu19 rity Agency. 


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Union Calendar No. 530 

118TH CONGRESS 

2D SESSION H. R. 8631 

[Report No. 118–633] 

A BILL 

To prohibit the Secretary of Homeland Security 

and for other purposes. from procuring certain foreign-made batteries, 

AUGUST 23, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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