Decoupling from Foreign Adversarial Battery Dependence Act

Bill: 118-hr-8631
Sponsor: full_name: Rep. Gimenez, Carlos A. [R-FL-28]
Introduced: 2024-06-05
Policy area: Foreign Trade and International Finance
Subjects: Asia

China

Congressional oversight

Energy storage, supplies, demand

Foreign and international corporations

Public contracts and procurement

Research administration and funding
Latest action: action_date: 2024-12-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 713.

Summaries:
action_date: 2024-06-05
action_desc: Introduced in House
text: <p><strong>Decoupling from Foreign Adversarial Battery Dependence Act of 2024</strong></p><p>This bill prohibits the Department of Homeland Security (DHS) from using appropriated funds to procure a battery produced by certain Chinese entities. This prohibition begins on October 1, 2027.</p><p>The bill allows DHS to waive the prohibition if DHS assesses in the affirmative all of the following:</p><ul><li>the&nbsp;batteries to be procured do not pose a risk to U.S. national security, data, or infrastructure;</li><li>the&nbsp;entity that produced such batteries does not satisfy the criteria for listing under Section 1260H of the National Defense Authorization Act for Fiscal Year 2021 (i.e., designation as a Chinese military company) or Public Law 117-78 (i.e., goods produced using forced labor in China, especially the Xinjiang Uyghur Autonomous Region); and&nbsp;</li><li>there is no&nbsp;available alternative to procure batteries that are of similar or better cost and quality and that are produced by an entity not specified in this bill.</li></ul><p>DHS may also waive the prohibition upon a determination that the batteries to be procured are for the sole purpose of research, evaluation, training, testing, or analysis.</p><p>The bill requires DHS to notify Congress within 15 days after granting a waiver under this bill.</p>

tv_txt: 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. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act . 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 otherwise made available for the Department of Homeland Security 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 Company, 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 company, 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). (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 quality; 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 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 subsection, 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 Security 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: (1) U.S. Customs and Border Protection, including the U.S. Border Patrol. (2) U.S. Immigration and Customs Enforcement, including Homeland Security Investigations. (3) The United States Secret Service. (4) The Transportation Security Administration. (5) The United States Coast Guard. (6) The Federal Protective Service. (7) The Federal Emergency Management Agency. (8) The Federal Law Enforcement Training Centers. (9) The Cybersecurity and Infrastructure Security Agency.

1. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act . 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). (b) Entities specified The entities specified in this subsection are the following: (1) Contemporary Amperex Technology Company, 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 company, 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). (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 quality; 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 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 subsection, 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 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 anticipated impacts on mission and costs on the Department of Homeland Security associated with carrying out this section, including with respect to the following components of the Department: (A) U.S. Customs and Border Protection, including the U.S. Border Patrol. (B) U.S. Immigration and Customs Enforcement, including Homeland Security Investigations. (C) The United States Secret Service. (D) The Transportation Security Administration. (E) The United States Coast Guard. (F) The Federal Protective Service. (G) The Federal Emergency Management Agency. (H) The Federal Law Enforcement Training Centers. (I) The Cybersecurity and Infrastructure Security Agency. (2) Contents of report The report submitted 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 strategies for ensuring operational continuity during the transition; and (D) any identified gaps in domestic battery production capabilities that may affect compliance 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 equipment, systems, or services as of the day before the applicable 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 equipment. 3. No new funds No additional funds are authorized to be appropriated for the purpose of carrying out this Act. 4. Sunset Effective on October 1, 2033, this Act shall have no force or effect.

December 17 (legislative day, December 16), 2024 Reported with an amendment

tv_txt: 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. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act . 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 otherwise made available for the Department of Homeland Security 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 Company, 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 company, 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). (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 quality; 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 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 subsection, 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 Security 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: (1) U.S. Customs and Border Protection, including the U.S. Border Patrol. (2) U.S. Immigration and Customs Enforcement, including Homeland Security Investigations. (3) The United States Secret Service. (4) The Transportation Security Administration. (5) The United States Coast Guard. (6) The Federal Protective Service. (7) The Federal Emergency Management Agency. (8) The Federal Law Enforcement Training Centers. (9) The Cybersecurity and Infrastructure Security Agency.

Passed the House of Representatives September 9, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 2d Session H. R. 8631 IN THE HOUSE OF REPRESENTATIVES AN ACT To prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes.

1. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act . 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 otherwise made available for the Department of Homeland Security 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 Company, 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 company, 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). (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 quality; 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 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 subsection, 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 Security 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: (1) U.S. Customs and Border Protection, including the U.S. Border Patrol. (2) U.S. Immigration and Customs Enforcement, including Homeland Security Investigations. (3) The United States Secret Service. (4) The Transportation Security Administration. (5) The United States Coast Guard. (6) The Federal Protective Service. (7) The Federal Emergency Management Agency. (8) The Federal Law Enforcement Training Centers. (9) The Cybersecurity and Infrastructure Security Agency.

Passed the House of Representatives September 9, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 530 118th CONGRESS 2d Session H. R. 8631 [Report No. 118–633] 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 A BILL To prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes.

1. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act . 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 otherwise made available for the Department of Homeland Security 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 Company, 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 company, 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). (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 quality; 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 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 subsection, 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 Security 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: (1) U.S. Customs and Border Protection, including the U.S. Border Patrol. (2) U.S. Immigration and Customs Enforcement, including Homeland Security Investigations. (3) The United States Secret Service. (4) The Transportation Security Administration. (5) The United States Coast Guard. (6) The Federal Protective Service. (7) The Federal Emergency Management Agency. (8) The Federal Law Enforcement Training Centers. (9) The Cybersecurity and Infrastructure Security Agency.

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

tv_txt: I 118th CONGRESS 2d Session H. R. 8631 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. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act of 2024 . 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 otherwise made available for the Department of Homeland Security 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 Company, 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 company, Limited. (7) Any successor to an entity specified in paragraphs (1) through (6). (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) The entity that produced such batteries does not satisfy the criteria for listing under— (i) section 1260H of the National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note); or (ii) Public Law 117–78 (commonly referred to as the Uyghur Forced Labor Prevention Act ). (C) There is no available alternative to procure batteries that are— (i) of similar or better cost and quality; 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 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 subsection, 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.