Sec. 864. Prohibition on acquisition of advanced batteries from certain foreign sources

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Subchapter II of chapter 385 of title 10, United States Code, is amended by adding at the end the following new section: Beginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if— more than 95 percent of the electrode active material in each battery cell comprising such advanced battery is composed of materials from sources other than sources that are, or are in geographic areas that are, owned by, controlled by, or subject to the jurisdiction of foreign entities of concern; such advanced battery is not a battery described in section 154(a) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4651 note prec.); and each such battery cell is manufactured without technology licensed from a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern under a licensing agreement that— limits the duration of the use of such technology; or requires— any ownership of the manufacturer of such battery cell by a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern; or any partnership or technology transfer between such manufacturer and a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern.

The Secretary of a military department may waive subsection

(a)with respect to an acquisition of an advanced battery if the Secretary— determines in writing that such acquisition is necessary to the national security interest of the United States; and implements a strategy to eliminate such necessity. The Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows: To the head of a contracting activity for the relevant component for a waiver for a single acquisition program. To the senior acquisition executive of a military department for a waiver for multiple programs within such military department. To the Undersecretary of Defense for Acquisition and Sustainment for a waiver for more than one military department. The written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include— the reason such waiver is required; a list of each weapon system or end item for which such advanced battery is being acquired under such waiver; the duration of such wavier; and a timeline for implementing the strategy described in subparagraph (A)(ii). Subsection

(a)does not apply with respect to the acquisition of an advanced battery for use in personal electronics, including cell phones and laptops, intended for office or administrative purposes. Subsection

(a)does not apply with respect to the acquisition of an advanced battery for which testing and evaluation under a program of record of the Department of Defense begins prior to January 1, 2027. In this section: The terms advanced battery and foreign entity of concern have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a) ). The term battery cell means the smallest individual component of a battery capable of converting chemical energy into electrical energy. The term electrode active materials means cathode materials, anode materials, anode foils, and other electrochemically active materials including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage in a battery. . Section 4865 of title 10, United States Code, as added by subsection (a), shall apply only with respect to contracts or other agreements entered into after the date of the enactment of this Act.

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Pub. L. 118-31
10 USC 4651
42 USC 18741(a)

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Sec. 864

Prohibition on acquisition of advanced batteries from certain foreign sources

Pub. L.Pub. L. 118-31

Cite10 USC 4651

Cite42 USC 18741(a)

Cites 3Cited by 0 across 0 sources