Sec. 888. Procurement of Department of Defense advanced chemistry batteries
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The Secretary of Defense shall procure advanced batteries and cells whose electrode active materials and technology, whether as end items or embedded within warfighting and support systems, are sourced, refined, and produced by non-foreign entities of concern in accordance with the percentage thresholds specified in subsection (b). The percentage thresholds referred to in subsection
(a)are as follows: Not less than 10 percent of the Department's total advanced battery procurement beginning in fiscal year 2026. Not less than 20 percent of the Department's total advanced battery procurement beginning in fiscal year 2027. Not less than 40 percent of the Department's total advanced battery procurement beginning in fiscal year 2028. Not less than 80 percent of the Department's total advanced battery procurement beginning in fiscal year 2029. For purposes of this section, a battery or cell shall be considered compliant with the requirement under subsection
(a)if— the final product is assembled or manufactured in the United States, Canada, the United Kingdom, Australia, New Zealand, South Korea, or Japan; more than 95 percent of the electrode active materials and the remaining battery cell components by value originates from sources other than foreign entities of concern (including derivatives, successors, or affiliates of foreign entities of concern); and the production of such battery or cells does not require licensing of technology from a foreign entity of concern or a derivative, successor, or affiliate of a foreign entity of concern. The Secretary of Defense may waive the percentage limitations specified in subsection
(a)if the batteries and cells cannot be produced in compliance with such limitations in the required quality or quantity or at a reasonable cost. Not later than December 1, 2025, and annually thereafter for three years, the Secretary of Defense shall provide a briefing to the congressional defense committees on the status of meeting the requirements under subsection (a). In this section: The term advanced batteries has the meaning given the term in section 40207(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a) ). The term electrode active materials means cathode materials, anode materials, anode foils, and electrochemically active materials, including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage. The term foreign entity of concern has the meaning given the term in section 40207(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a) ).
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Sec. 888
Procurement of Department of Defense advanced chemistry batteries
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