[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8631 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8631

 To prohibit the Secretary of Homeland Security from procuring certain 
            foreign-made batteries, and for other purposes.


_______________________________________________________________________


                    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.

    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 of 2024''.

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 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.
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