H.R. 8631

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8631 Reported in Senate (RS)]

<DOC>

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED> This Act may be cited as the ``Decoupling from Foreign 
Adversarial Battery Dependence Act''.</DELETED>

<DELETED>SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT 
OF CERTAIN BATTERIES.</DELETED>

<DELETED> (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).</DELETED>
<DELETED> (b) Entities Specified.--The entities specified in this 
subsection are the following:</DELETED>
<DELETED> (1) Contemporary Amperex Technology Company, 
Limited (also known as ``CATL'').</DELETED>
<DELETED> (2) BYD Company, Limited.</DELETED>
<DELETED> (3) Envision Energy, Limited.</DELETED>
<DELETED> (4) EVE Energy Company, Limited.</DELETED>
<DELETED> (5) Gotion High tech Company, Limited.</DELETED>
<DELETED> (6) Hithium Energy Storage Technology company, 
Limited.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (9) Any entity included in Supplement No. 4 to 
part 744 of title 15, Code of Federal Regulations, or any 
successor regulation.</DELETED>
<DELETED> (10) Any subsidiary or successor to an entity 
specified in paragraphs (1) through (9).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) assembles or manufactures the final product 
that uses such battery; or</DELETED>
<DELETED> (2) creates or otherwise provides a majority of 
the components used in such battery.</DELETED>
<DELETED> (d) Waivers.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) The batteries to be procured do not 
pose a national security, data, or infrastructure risk 
to the United States.</DELETED>
<DELETED> (B) There is no available alternative to 
procure batteries that are--</DELETED>
<DELETED> (i) of similar or better cost and 
quality; and</DELETED>
<DELETED> (ii) produced by an entity not 
specified in subsection (b).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) U.S. Customs and Border Protection, including 
the U.S. Border Patrol.</DELETED>
<DELETED> (2) U.S. Immigration and Customs Enforcement, 
including Homeland Security Investigations.</DELETED>
<DELETED> (3) The United States Secret Service.</DELETED>
<DELETED> (4) The Transportation Security 
Administration.</DELETED>
<DELETED> (5) The United States Coast Guard.</DELETED>
<DELETED> (6) The Federal Protective Service.</DELETED>
<DELETED> (7) The Federal Emergency Management 
Agency.</DELETED>
<DELETED> (8) The Federal Law Enforcement Training 
Centers.</DELETED>
<DELETED> (9) The Cybersecurity and Infrastructure Security 
Agency.</DELETED>

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).
(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.

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.
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