Decoupling from Foreign Adversarial Battery Dependence Act
Officially: “Decoupling from Foreign Adversarial Battery Dependence Act” Read the full text
What it does
Read it in plain language
1Short title
This section would give the Act a short title, the Decoupling from Foreign Adversarial Battery Dependence Act.
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1. Short title This Act may be cited as the Decoupling from Foreign Adversarial Battery Dependence Act .
2Prohibition on availability of funds for procurement of certain batteries
This section would stop the Department of Homeland Security from spending any of the funds authorized or made available to it, starting October 1, 2027, to buy a battery produced by any of a specific list of companies: Contemporary Amperex Technology Company, Limited (also known as CATL), BYD Company, Limited, Envision Energy, Limited, EVE Energy Company, Limited, Gotion High-tech Company, Limited, and Hithium Energy Storage Technology Company, Limited. The ban would also cover any entity placed on a list required under clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Uyghur Forced Labor Prevention Act (Public Law 117-78), any entity the Secretary of Defense identifies as a Chinese military company under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, any entity listed in Supplement No. 4 to part 744 of title 15 of the Code of Federal Regulations or any regulation that replaces it, and any subsidiary or successor of any of these companies. A battery would count as produced by one of these companies if that company either assembles or manufactures the finished product that uses the battery, or creates or otherwise provides a majority of the components used in the battery. The Secretary of Homeland Security could waive the ban in two separate situations. First, the Secretary could waive it after affirmatively finding both that the batteries to be procured pose no national security, data, or infrastructure risk to the United States, and that there is no available alternative battery of similar or better cost and quality produced by a company not on the list. Second, the Secretary could waive it if the Secretary determines the batteries to be procured are for the sole purpose of research, evaluation, training, testing, or analysis. Not later than 15 days after granting any waiver, the Secretary would have to submit a notification to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Not later than 180 days after the Act is enacted, the Secretary would have to submit a report to those same two committees on the anticipated impacts on mission and costs to the Department of Homeland Security from carrying out this section, including the impacts on U.S. Customs and Border Protection (including the U.S. Border Patrol), U.S. Immigration and Customs Enforcement (including Homeland Security Investigations), the United States Secret Service, the Transportation Security Administration, the United States Coast Guard, the Federal Protective Service, the Federal Emergency Management Agency, the Federal Law Enforcement Training Centers, and the Cybersecurity and Infrastructure Security Agency.
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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 prohibition 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 prohibition 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.
Where it is
In the House.