Sec. 2. Prohibition on availability of funds for procurement of certain batteries
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/bill/118/hr/8631/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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). The entities specified in this subsection are the following: Contemporary Amperex Technology Company, Limited (also known as CATL ). BYD Company, Limited. Envision Energy, Limited. EVE Energy Company, Limited. Gotion High tech Company, Limited. Hithium Energy Storage Technology company, Limited. Any successor to an entity specified in paragraphs
(1)through (6). For purposes of this section, a battery shall be treated as produced by an entity specified in subsection
(b)if such entity— assembles or manufactures the final product that uses such battery; or creates or otherwise provides a majority of the components used in such battery. The Secretary of Homeland Security may waive the limitation under subsection
(a)if the Secretary assesses in the affirmative all of the following: The batteries to be procured do not pose a national security, data, or infrastructure risk to the United States. The entity that produced such batteries does not satisfy the criteria for listing under— section 1260H of the National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note); or Public Law 117–78 (commonly referred to as the Uyghur Forced Labor Prevention Act ). There is no available alternative to procure batteries that are— of similar or better cost and quality; and produced by an entity not specified in subsection (b). 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 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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Sec. 2
Prohibition on availability of funds for procurement of certain batteries
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