H.R. 8631House118th Congress (2023-2025)Passed House

Decoupling from Foreign Adversarial Battery Dependence Act

Introduced June 5, 2024

AI-Generated Summary

Updated January 20, 2026 at 5:08 PM UTC

The Decoupling from Foreign Adversarial Battery Dependence Act bars the Department of Homeland Security from using its funds to purchase batteries made by a list of foreign companies, primarily Chinese manufacturers, beginning October 1, 2028. It is intended to reduce national‑security risks tied to foreign battery supply. The law applies to all DHS components and includes waiver, reporting, and sunset provisions.

Key Provisions

  • Prohibits DHS from obligating any funds to buy batteries produced by the specified entities starting October 1, 2028.
  • Specifies a list of ten entities, including CATL, BYD, Envision Energy, EVE Energy, Gotion High‑Tech, Hithium, any company on Uyghur Forced Labor lists, Chinese military‑identified firms, and related subsidiaries.
  • Defines a battery as covered if the listed entity assembles the final product or supplies the majority of its components.
  • Allows the Secretary of Homeland Security to waive the ban if the batteries pose no security risk and no comparable non‑listed alternative exists, or if the purchase is solely for research, testing, or training.
  • Requires the Secretary to notify the relevant House and Senate Homeland Security committees within 15 days of any waiver and to submit a detailed impact report within 180 days of enactment.
  • Provides that no new funds may be appropriated for the Act, and the prohibition expires on October 1, 2033.

Legislative Activity

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15 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 713.

December 17, 2024

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HouseIntro Referral

Introduced in House

June 5, 2024

HouseIntro Referral

Referred to the House Committee on Homeland Security.

June 5, 2024

HouseCommittee

Committee Consideration and Mark-up Session Held

June 12, 2024

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

June 12, 2024

HouseCommittee

Reported (Amended) by the Committee on Homeland Security. H. Rept. 118-633.

August 23, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 530.

August 23, 2024

HouseFloor

Mr. Gimenez moved to suspend the rules and pass the bill, as amended.

September 9, 2024 • 4:52 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5062-5063)

September 9, 2024 • 4:52 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 8631.

September 9, 2024 • 4:52 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5062)

September 9, 2024 • 5:02 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5062)

September 9, 2024 • 5:02 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 9, 2024 • 5:02 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 10, 2024

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

November 20, 2024

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-307.

December 17, 2024

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 713.

December 17, 2024

Floor Debate

3 members

What members said about H.R. 8631 on the floor

2 Republicans1 Democrat
Carlos A. Gimenez
Rep. Carlos A. GimenezR-FL-28 · Sep 9, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 8631) to prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes, as…

Glenn Ivey
Rep. Glenn IveyD-MD-4 · Sep 9, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, my fellow Democrats and I strongly support the intent of this bill, which is to reduce our reliance on global adversaries and…

John R. Moolenaar
Rep. John R. MoolenaarR-MI-2 · Sep 9, 2024

Mr. Speaker, I rise today to support Representative Gimenez' Foreign Adversarial Battery Dependence Act to protect taxpayer dollars from growing our dependence on CCP-controlled battery technology.…

Bill Text

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Latest
Reported to SenateIssued December 17, 2024

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