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 pro-
curing certain foreign-made batteries, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Decoupling from For-
eign Adversarial Battery Dependence Act’’. 
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SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
PROCUREMENT OF CERTAIN BATTERIES. 
(a) IN GENERAL.—Beginning on October 1, 2027, 
none of the funds authorized to be appropriated or other-
wise made available for the Department of Homeland Se-
curity may be obligated to procure a battery produced by 
an entity specified in subsection (b). 
(b) ENTITIES SPECIFIED.—The entities specified in 
this subsection are the following: 
(1) Contemporary Amperex Technology Com-
pany, Limited (also known as ‘‘CATL’’). 
(2) BYD Company, Limited. 
(3) Envision Energy, Limited. 
(4) EVE Energy Company, Limited. 
(5) Gotion High tech Company, Limited. 
(6) Hithium Energy Storage Technology com-
pany, Limited. 
(7) Any entity on any list required under 
clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of 
Public Law 117–78 (commonly referred to as the 
‘‘Uyghur Forced Labor Prevention Act’’). 
(8) Any entity identified by the Secretary of 
Defense as a Chinese military company pursuant to 
section 1260H of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 
2021 (10 U.S.C. 113 note). 
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(9) Any entity included in Supplement No. 4 to 
part 744 of title 15, Code of Federal Regulations, or 
any successor regulation. 
(10) Any subsidiary or successor to an entity 
specified in paragraphs (1) through (9). 
(c) TREATMENT OF PRODUCTION.—For purposes of 
this section, a battery shall be treated as produced by an 
entity specified in subsection (b) if such entity— 
(1) assembles or manufactures the final product 
that uses such battery; or 
(2) creates or otherwise provides a majority of 
the components used in such battery. 
(d) WAIVERS.— 
(1) RELATING TO ASSESSMENT.—The Secretary 
of Homeland Security may waive the limitation 
under subsection (a) if the Secretary assesses in the 
affirmative all of the following: 
(A) The batteries to be procured do not 
pose a national security, data, or infrastructure 
risk to the United States. 
(B) There is no available alternative to 
procure batteries that are— 
(i) of similar or better cost and qual-
ity; and 
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(ii) produced by an entity not speci-
fied in subsection (b). 
(2) RELATING TO RESEARCH.—The Secretary 
of Homeland Security may waive the limitation 
under subsection (a) if the Secretary determines 
that the batteries to be procured are for the sole 
purpose of research, evaluation, training, testing, or 
analysis. 
(3) CONGRESSIONAL NOTIFICATION.—Not later 
than 15 days after granting a waiver under this sub-
section, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a notification relating thereto. 
(e) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the anticipated impacts on mission and 
costs on the Department of Homeland Security associated 
with carrying out this section, including with respect to 
following components of the Department: 
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(1) U.S. Customs and Border Protection, in-
cluding the U.S. Border Patrol. 
(2) U.S. Immigration and Customs Enforce-
ment, including Homeland Security Investigations. 
(3) The United States Secret Service. 
(4) The Transportation Security Administra-
tion. 
(5) The United States Coast Guard. 
(6) The Federal Protective Service. 
(7) The Federal Emergency Management Agen-
cy. 
(8) The Federal Law Enforcement Training 
Centers. 
(9) The Cybersecurity and Infrastructure Secu-
rity Agency. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Decoupling from Foreign 
Adversarial Battery Dependence Act’’. 
SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
PROCUREMENT OF CERTAIN BATTERIES. 
(a) IN GENERAL.—Beginning on October 1, 2028, 
none of the funds authorized to be appropriated or otherwise 
made available for the Department of Homeland Security 
may be obligated to procure a battery produced by an entity 
specified in subsection (b). 
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(b) ENTITIES SPECIFIED.—The entities specified in 
this subsection are the following: 
(1) Contemporary Amperex Technology Com-
pany, Limited (also known as ‘‘CATL’’). 
(2) BYD Company, Limited. 
(3) Envision Energy, Limited. 
(4) EVE Energy Company, Limited. 
(5) Gotion High tech Company, Limited. 
(6) Hithium Energy Storage Technology com-
pany, Limited. 
(7) Any entity on any list required under clauses 
(i), (ii), (iv), or (v) of section 2(d)(2)(B) of Public 
Law 117–78 (commonly referred to as the ‘‘Uyghur 
Forced Labor Prevention Act’’). 
(8) Any entity identified by the Secretary of De-
fense as a Chinese military company pursuant to sec-
tion 1260H of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
(10 U.S.C. 113 note). 
(9) Any entity included in Supplement No. 4 to 
part 744 of title 15, Code of Federal Regulations, or 
any successor regulation. 
(10) Any subsidiary or successor to an entity 
specified in paragraphs (1) through (9). 
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(c) TREATMENT OF PRODUCTION.—For purposes of 
this section, a battery shall be treated as produced by an 
entity specified in subsection (b) if such entity— 
(1) assembles or manufactures the final product 
that uses such battery; or 
(2) creates or otherwise provides a majority of 
the components used in such battery. 
(d) WAIVERS.— 
(1) RELATING TO ASSESSMENT.—The Secretary 
of Homeland Security may waive the limitation 
under subsection (a) if the Secretary assesses in the 
affirmative all of the following: 
(A) The batteries to be procured do not pose 
a national security, data, or infrastructure risk 
to the United States. 
(B) There is no available alternative to pro-
cure batteries that are— 
(i) of similar or better cost and qual-
ity; and 
(ii) produced by an entity not specified 
in subsection (b). 
(2) RELATING TO RESEARCH.—The Secretary of 
Homeland Security may waive the limitation under 
subsection (a) if the Secretary determines that the 
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batteries to be procured are for the sole purpose of re-
search, evaluation, training, testing, or analysis. 
(3) CONGRESSIONAL
NOTIFICATION.—Not later 
than 15 days after granting a waiver under this sub-
section, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Rep-
resentatives a notification relating thereto. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security shall submit to the Committee on 
Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of 
the House of Representatives a report on the antici-
pated impacts on mission and costs on the Depart-
ment of Homeland Security associated with carrying 
out this section, including with respect to the fol-
lowing components of the Department: 
(A) U.S. Customs and Border Protection, 
including the U.S. Border Patrol. 
(B) U.S. Immigration and Customs En-
forcement, including Homeland Security Inves-
tigations. 
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(C) The United States Secret Service. 
(D) The Transportation Security Adminis-
tration. 
(E) The United States Coast Guard. 
(F) The Federal Protective Service. 
(G) The Federal Emergency Management 
Agency. 
(H) The Federal Law Enforcement Train-
ing Centers. 
(I) The Cybersecurity and Infrastructure 
Security Agency. 
(2) CONTENTS
OF
REPORT.—The report sub-
mitted under paragraph (1) shall include— 
(A) the anticipated impacts on mission 
readiness, operational effectiveness, and costs for 
each component of the Department of Homeland 
Security; 
(B) the estimated costs associated with 
transitioning to compliant batteries, including 
comparisons to prior procurement costs; 
(C) a description of risk mitigation strate-
gies for ensuring operational continuity during 
the transition; and 
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(D) any identified gaps in domestic battery 
production capabilities that may affect compli-
ance with this Act. 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed— 
(1) to require any battery produced by an entity 
specified in subsection (b) in use or resident in equip-
ment, systems, or services as of the day before the ap-
plicable effective date specified in subsection (a) to be 
removed or replaced; or 
(2) to prohibit or limit the utilization of such 
battery throughout the lifecycle of such existing equip-
ment. 
SEC. 3. NO NEW FUNDS. 
No additional funds are authorized to be appropriated 
for the purpose of carrying out this Act. 
SEC. 4. SUNSET. 
Effective on October 1, 2033, this Act shall have no 
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 
from procuring certain foreign-made batteries, 
and for other purposes. 
DECEMBER 17 (legislative day, DECEMBER 16), 2024 
Reported with an amendment 
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