I 

118TH CONGRESS 

2D SESSION H. R. 8631 

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 

A BILL 

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

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 For5 eign Adversarial Battery Dependence Act of 2024’’. 

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 otherVerDate Sep 11 2014 19:22 Jul 22, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8631.IH H8631

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1 wise made available for the Department of Homeland Se2 curity may be obligated to procure a battery produced by 

3 an entity specified in subsection (b). 

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

5 this subsection are the following: 

6 (1) Contemporary Amperex Technology Com7 pany, Limited (also known as ‘‘CATL’’). 

8 (2) BYD Company, Limited. 

9 (3) Envision Energy, Limited. 

10 (4) EVE Energy Company, Limited. 

11 (5) Gotion High tech Company, Limited. 

12 (6) Hithium Energy Storage Technology com13 pany, Limited. 

14 (7) Any successor to an entity specified in para15 graphs (1) through (6). 

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

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

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

19 (1) assembles or manufactures the final product 

20 that uses such battery; or 

21 (2) creates or otherwise provides a majority of 

22 the components used in such battery. 

23 (d) WAIVERS.— 

24 (1) RELATING TO ASSESSMENT.—The Secretary 

25 of Homeland Security may waive the limitation 


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

2 affirmative all of the following: 

3 (A) The batteries to be procured do not 

4 pose a national security, data, or infrastructure 

5 risk to the United States. 

6 (B) The entity that produced such bat7 teries does not satisfy the criteria for listing 

8 under— 

9 (i) section 1260H of the National De10 fense Authorization Act for Fiscal Year 

11 2021 (10 U.S.C. 113 note); or 

12 (ii) Public Law 117–78 (commonly re13 ferred to as the ‘‘Uyghur Forced Labor 

14 Prevention Act’’). 

15 (C) There is no available alternative to 

16 procure batteries that are— 

17 (i) of similar or better cost and qual18 ity; and 

19 (ii) produced by an entity not speci20 fied in subsection (b). 

21 (2) RELATING TO RESEARCH.—The Secretary 

22 of Homeland Security may waive the limitation 

23 under subsection (a) if the Secretary determines 

24 that the batteries to be procured are for the sole 


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1 purpose of research, evaluation, training, testing, or 

2 analysis 

3 (3) CONGRESSIONAL NOTIFICATION.—Not later 

4 than 15 days after granting a waiver under this sub5 section, the Secretary of Homeland Security shall 

6 submit to the Committee on Homeland Security of 

7 the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate a notification relating thereto. 

Æ 


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