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

<DOC>
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.

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

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, 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.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.