Overview

Title

To prohibit the procurement of certain batteries by the Department of State.

ELI5 AI

S. 5190, the "Blocking Bad Batteries Act," is a plan to stop the U.S. Department of State from buying batteries from some specific companies, starting in 2027, unless there's a super important reason to do so.

Summary AI

S. 5190, known as the “Blocking Bad Batteries Act,” seeks to prevent the Department of State from using funds to purchase batteries from certain companies starting October 1, 2027. The companies listed are Contemporary Amperex Technology Company, BYD Company, Envision Energy, EVE Energy, Gotion High-tech Company, and Hithium Energy Storage Technology, along with any successors. A battery is considered to be from one of these entities if they assemble it or provide most of its components. However, the Secretary of State has the option to allow purchases if it's deemed necessary for the national interest and reports this decision to Congress.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5190is

Bill Statistics

Size

Sections:
2
Words:
437
Pages:
3
Sentences:
4

Language

Nouns: 128
Verbs: 32
Adjectives: 13
Adverbs: 4
Numbers: 19
Entities: 36

Complexity

Average Token Length:
4.12
Average Sentence Length:
109.25
Token Entropy:
4.61
Readability (ARI):
55.80

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Blocking Bad Batteries Act," introduces a prohibition on the Department of State regarding the procurement of batteries from specific companies starting October 1, 2027. The bill identifies several companies, including Contemporary Amperex Technology Company, Limited (CATL), BYD Company, Limited, and others. This restriction aims to limit the Department's financial expenditure on batteries from these entities, possibly due to concerns over their practices or geopolitical issues. Importantly, the bill contains a provision allowing the Secretary of State to waive this restriction if it is in the national interest and if a detailed explanation is provided to certain congressional committees.

Summary of Significant Issues

One of the significant issues with the bill relates to the broad nature of the procurement prohibition. Such a blanket restriction could lead to significant challenges and increased costs in acquiring adequate battery supplies since the specified companies potentially represent a substantial segment of the global battery market. Additionally, the bill's language concerning successors to these companies is vague, potentially leading to confusion about its scope and enforcement.

The provision for a national interest waiver is also critiqued for potentially lacking sufficient oversight. It requires only that the Secretary of State justifies the waiver to two congressional committees. This minimal requirement may not ensure a comprehensive evaluation of broader national interests.

Moreover, the bill’s title, "Blocking Bad Batteries Act," lacks clarity regarding what constitutes "bad" batteries, leaving room for public misunderstanding or debate about the motivations behind the legislation.

Potential Impact on the Public

For the general public, this bill highlights an attempt to regulate the sources from which the U.S. government procures certain technology components, possibly reflecting broader concerns about national security or economic independence. However, it may cause some to worry about increased costs for government operations, especially if alternative sources for batteries are more expensive or less reliable.

Impact on Specific Stakeholders

For the Department of State, this bill could complicate procurement processes, potentially leading to supply disruptions. These disruptions might impact the agency’s operations, especially when deployed internationally where batteries are crucial for communication and energy needs.

The companies identified in the bill, including CATL and BYD, may face some reputational damage or loss of business due to reduced opportunities within the U.S. market. On the other hand, U.S.-based or allied battery manufacturers might benefit from this restriction as it could increase demand for their products.

Lastly, in cases where the waiver provision is utilized, there might be questions about the transparency and accountability of the decision-making process, impacting trust in governmental operations and policy decisions.

Overall, while the intent behind the bill may be rooted in genuine concerns about supply sources, the potential operational implications and lack of precise definitions need careful consideration to prevent unintended consequences.

Issues

  • The broad prohibition on the availability of funds for procurement of batteries from specified companies in Section 2 may lead to significant procurement challenges and increased costs or supply shortages for the Department of State. This could have substantial operational implications given the global reach and activities of the Department.

  • The language in Section 2(b)(7) regarding 'any successor to an entity' is ambiguous. It is unclear how a successor is defined or identified, which could lead to legal and operational confusion.

  • The national interest waiver provision outlined in Section 2(d) might lack sufficient oversight and checks. It only requires submission to two congressional committees, which may result in insufficient evaluation of broader national interests.

  • The lack of requirement for independent or third-party assessment in the national interest waiver process in Section 2(d) could lead to subjective decision-making, potentially undermining the intention of the Act.

  • The title of the Act, 'Blocking Bad Batteries Act', as mentioned in Section 1, does not provide sufficient context or clarity regarding its purpose or the criteria used to define 'bad' batteries, potentially leading to public misunderstanding or doubt about the legislation's objectives.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The Blocking Bad Batteries Act is the name that may be used to refer to this piece of legislation.

2. Prohibition on availability of funds for procurement of certain batteries Read Opens in new tab

Summary AI

Starting October 1, 2027, the Department of State is prohibited from using its funds to buy batteries made by certain companies, including CATL, BYD, and others mentioned, unless the Secretary of State determines it is crucial for national interests and explains the reasons to Congress.