IIB 

118TH CONGRESS 

2D SESSION H. R. 8631 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2024 

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

Governmental Affairs 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Decoupling from For3 eign Adversarial Battery Dependence Act’’. 

4 SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

5 PROCUREMENT OF CERTAIN BATTERIES. 

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

7 none of the funds authorized to be appropriated or other8 wise made available for the Department of Homeland Se9 curity may be obligated to procure a battery produced by 

10 an entity specified in subsection (b). 

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

12 this subsection are the following: 

13 (1) Contemporary Amperex Technology Com14 pany, Limited (also known as ‘‘CATL’’). 

15 (2) BYD Company, Limited. 

16 (3) Envision Energy, Limited. 

17 (4) EVE Energy Company, Limited. 

18 (5) Gotion High tech Company, Limited. 

19 (6) Hithium Energy Storage Technology com20 pany, Limited. 

21 (7) Any entity on any list required under 

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

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

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

25 (8) Any entity identified by the Secretary of 

26 Defense as a Chinese military company pursuant to 


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

2 National Defense Authorization Act for Fiscal Year 

3 2021 (10 U.S.C. 113 note). 

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

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

6 any successor regulation. 

7 (10) Any subsidiary or successor to an entity 

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

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

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

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

12 (1) assembles or manufactures the final product 

13 that uses such battery; or 

14 (2) creates or otherwise provides a majority of 

15 the components used in such battery. 

16 (d) WAIVERS.— 

17 (1) RELATING TO ASSESSMENT.—The Secretary 

18 of Homeland Security may waive the limitation 

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

20 affirmative all of the following: 

21 (A) The batteries to be procured do not 

22 pose a national security, data, or infrastructure 

23 risk to the United States. 

24 (B) There is no available alternative to 

25 procure batteries that are— 


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1 (i) of similar or better cost and qual2 ity; and 

3 (ii) produced by an entity not speci4 fied in subsection (b). 

5 (2) RELATING TO RESEARCH.—The Secretary 

6 of Homeland Security may waive the limitation 

7 under subsection (a) if the Secretary determines 

8 that the batteries to be procured are for the sole 

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

10 analysis. 

11 (3) CONGRESSIONAL NOTIFICATION.—Not later 

12 than 15 days after granting a waiver under this sub13 section, the Secretary of Homeland Security shall 

14 submit to the Committee on Homeland Security of 

15 the House of Representatives and the Committee on 

16 Homeland Security and Governmental Affairs of the 

17 Senate a notification relating thereto. 

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

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

20 Security shall submit to the Committee on Homeland Se21 curity of the House of Representatives and the Committee 

22 on Homeland Security and Governmental Affairs of the 

23 Senate a report on the anticipated impacts on mission and 

24 costs on the Department of Homeland Security associated 


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1 with carrying out this section, including with respect to 

2 following components of the Department: 

3 (1) U.S. Customs and Border Protection, in4 cluding the U.S. Border Patrol. 

5 (2) U.S. Immigration and Customs Enforce6 ment, including Homeland Security Investigations. 

7 (3) The United States Secret Service. 

8 (4) The Transportation Security Administra9 tion. 

10 (5) The United States Coast Guard. 

11 (6) The Federal Protective Service. 

12 (7) The Federal Emergency Management Agen13 cy. 

14 (8) The Federal Law Enforcement Training 

15 Centers. 

16 (9) The Cybersecurity and Infrastructure Secu17 rity Agency. 

Passed the House of Representatives September 9, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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