II 

Calendar No. 713 

118TH CONGRESS 

2D SESSION H. R. 8631 

[Report No. 118–307] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2024 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

DECEMBER 17 (legislative day, DECEMBER 16), 2024 

Reported by Mr. PETERS, with an amendment 

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

AN ACT 

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’’. 


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1 SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

2 PROCUREMENT OF CERTAIN BATTERIES. 

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

4 none of the funds authorized to be appropriated or other5 wise made available for the Department of Homeland Se6 curity may be obligated to procure a battery produced by 

7 an entity specified in subsection (b). 

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

9 this subsection are the following: 

10 (1) Contemporary Amperex Technology Com11 pany, Limited (also known as ‘‘CATL’’). 

12 (2) BYD Company, Limited. 

13 (3) Envision Energy, Limited. 

14 (4) EVE Energy Company, Limited. 

15 (5) Gotion High tech Company, Limited. 

16 (6) Hithium Energy Storage Technology com17 pany, Limited. 

18 (7) Any entity on any list required under 

19 clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of 

20 Public Law 117–78 (commonly referred to as the 

21 ‘‘Uyghur Forced Labor Prevention Act’’). 

22 (8) Any entity identified by the Secretary of 

23 Defense as a Chinese military company pursuant to 

24 section 1260H of the William M. (Mac) Thornberry 

25 National Defense Authorization Act for Fiscal Year 

26 2021 (10 U.S.C. 113 note). 


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

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

3 any successor regulation. 

4 (10) Any subsidiary or successor to an entity 

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

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

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

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

9 (1) assembles or manufactures the final product 

10 that uses such battery; or 

11 (2) creates or otherwise provides a majority of 

12 the components used in such battery. 

13 (d) WAIVERS.— 

14 (1) RELATING TO ASSESSMENT.—The Secretary 

15 of Homeland Security may waive the limitation 

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

17 affirmative all of the following: 

18 (A) The batteries to be procured do not 

19 pose a national security, data, or infrastructure 

20 risk to the United States. 

21 (B) There is no available alternative to 

22 procure batteries that are— 

23 (i) of similar or better cost and qual24 ity; and 


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1 (ii) produced by an entity not speci2 fied in subsection (b). 

3 (2) RELATING TO RESEARCH.—The Secretary 

4 of Homeland Security may waive the limitation 

5 under subsection (a) if the Secretary determines 

6 that the batteries to be procured are for the sole 

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

8 analysis. 

9 (3) CONGRESSIONAL NOTIFICATION.—Not later 

10 than 15 days after granting a waiver under this sub11 section, the Secretary of Homeland Security shall 

12 submit to the Committee on Homeland Security of 

13 the House of Representatives and the Committee on 

14 Homeland Security and Governmental Affairs of the 

15 Senate a notification relating thereto. 

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

17 of the enactment of this Act, the Secretary of Homeland 

18 Security shall submit to the Committee on Homeland Se19 curity of the House of Representatives and the Committee 

20 on Homeland Security and Governmental Affairs of the 

21 Senate a report on the anticipated impacts on mission and 

22 costs on the Department of Homeland Security associated 

23 with carrying out this section, including with respect to 

24 following components of the Department: 


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1 (1) U.S. Customs and Border Protection, in2 cluding the U.S. Border Patrol. 

3 (2) U.S. Immigration and Customs Enforce4 ment, including Homeland Security Investigations. 

5 (3) The United States Secret Service. 

6 (4) The Transportation Security Administra7 tion. 

8 (5) The United States Coast Guard. 

9 (6) The Federal Protective Service. 

10 (7) The Federal Emergency Management Agen11 cy. 

12 (8) The Federal Law Enforcement Training 

13 Centers. 

14 (9) The Cybersecurity and Infrastructure Secu15 rity Agency. 

16 SECTION 1. SHORT TITLE. 

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

18 Adversarial Battery Dependence Act’’. 

19 SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

20 PROCUREMENT OF CERTAIN BATTERIES. 

21 (a) IN GENERAL.—Beginning on October 1, 2028, 

22 none of the funds authorized to be appropriated or otherwise 

23 made available for the Department of Homeland Security 

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

25 specified in subsection (b). 


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

2 this subsection are the following: 

3 (1) Contemporary Amperex Technology Com4 pany, Limited (also known as ‘‘CATL’’). 

5 (2) BYD Company, Limited. 

6 (3) Envision Energy, Limited. 

7 (4) EVE Energy Company, Limited. 

8 (5) Gotion High tech Company, Limited. 

9 (6) Hithium Energy Storage Technology com10 pany, Limited. 

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

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

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

14 Forced Labor Prevention Act’’). 

15 (8) Any entity identified by the Secretary of De16 fense as a Chinese military company pursuant to sec17 tion 1260H of the William M. (Mac) Thornberry Na18 tional Defense Authorization Act for Fiscal Year 2021 

19 (10 U.S.C. 113 note). 

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

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

22 any successor regulation. 

23 (10) Any subsidiary or successor to an entity 

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


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

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

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

4 (1) assembles or manufactures the final product 

5 that uses such battery; or 

6 (2) creates or otherwise provides a majority of 

7 the components used in such battery. 

8 (d) WAIVERS.— 

9 (1) RELATING TO ASSESSMENT.—The Secretary 

10 of Homeland Security may waive the limitation 

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

12 affirmative all of the following: 

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

14 a national security, data, or infrastructure risk 

15 to the United States. 

16 (B) There is no available alternative to pro17 cure batteries that are— 

18 (i) of similar or better cost and qual19 ity; and 

20 (ii) produced by an entity not specified 

21 in subsection (b). 

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

23 Homeland Security may waive the limitation under 

24 subsection (a) if the Secretary determines that the 


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1 batteries to be procured are for the sole purpose of re2 search, evaluation, training, testing, or 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 sub6 mit to the Committee on Homeland Security and 

7 Governmental Affairs of the Senate and the Com8 mittee on Homeland Security of the House of Rep9 resentatives a notification relating thereto. 

10 (e) REPORT.— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the date of enactment of this Act, the Secretary of 

13 Homeland Security shall submit to the Committee on 

14 Homeland Security and Governmental Affairs of the 

15 Senate and the Committee on Homeland Security of 

16 the House of Representatives a report on the antici17 pated impacts on mission and costs on the Depart18 ment of Homeland Security associated with carrying 

19 out this section, including with respect to the fol20 lowing components of the Department: 

21 (A) U.S. Customs and Border Protection, 

22 including the U.S. Border Patrol. 

23 (B) U.S. Immigration and Customs En24 forcement, including Homeland Security Inves25 tigations. 


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1 (C) The United States Secret Service. 

2 (D) The Transportation Security Adminis3 tration. 

4 (E) The United States Coast Guard. 

5 (F) The Federal Protective Service. 

6 (G) The Federal Emergency Management 

7 Agency. 

8 (H) The Federal Law Enforcement Train9 ing Centers. 

10 (I) The Cybersecurity and Infrastructure 

11 Security Agency. 

12 (2) CONTENTS OF REPORT.—The report sub13 mitted under paragraph (1) shall include— 

14 (A) the anticipated impacts on mission 

15 readiness, operational effectiveness, and costs for 

16 each component of the Department of Homeland 

17 Security; 

18 (B) the estimated costs associated with 

19 transitioning to compliant batteries, including 

20 comparisons to prior procurement costs; 

21 (C) a description of risk mitigation strate22 gies for ensuring operational continuity during 

23 the transition; and 


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1 (D) any identified gaps in domestic battery 

2 production capabilities that may affect compli3 ance with this Act. 

4 (f) RULE OF CONSTRUCTION.—Nothing in this section 

5 shall be construed— 

6 (1) to require any battery produced by an entity 

7 specified in subsection (b) in use or resident in equip8 ment, systems, or services as of the day before the ap9 plicable effective date specified in subsection (a) to be 

10 removed or replaced; or 

11 (2) to prohibit or limit the utilization of such 

12 battery throughout the lifecycle of such existing equip13 ment. 

14 SEC. 3. NO NEW FUNDS. 

15 No additional funds are authorized to be appropriated 

16 for the purpose of carrying out this Act. 

17 SEC. 4. SUNSET. 

18 Effective on October 1, 2033, this Act shall have no 

19 force or effect. 


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Calendar No. 713 

118TH CONGRESS 

2D SESSION H. R. 8631 

[Report No. 118–307] 

AN ACT 

To prohibit the Secretary of Homeland Security 

D

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

ECEMBER 17 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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