10 U.S.C. § 4865: Prohibition on acquisition…

§4865 Prohibition on Acquisition of Advanced Batteries Composed of Materials From Certain Foreign Sources

Title 10 › Subtitle A — General Military Law › PART V — ACQUISITION › Subpart I — Defense Industrial Base › CHAPTER 385 — OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS › SUBCHAPTER II — LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM FOREIGN SOURCES › § 4865

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must buy advanced batteries and battery cells that do not rely on ownership, sourcing, refining, production, or licensed technology from a foreign entity of concern. This rule starts for new acquisition programs on January 1, 2028, for standard batteries on January 1, 2029, and for existing acquisition programs on January 30, 2031. A battery is allowed even if it would otherwise be banned when its final assembly is done by a non-foreign entity, more than 95 percent of the cost of its functional cell components comes from non-foreign sources, and it is made without technology licensed from a foreign entity. Materials that were recycled and fully reprocessed in the U.S. count as domestic. Batteries for cell phones, laptops, personal devices, or medical gear used in offices or hospitals, off-the-shelf maintenance items, and items for research, development, testing, or evaluation are excluded. The Secretary may grant a one-year waiver if acceptable non-foreign batteries cannot be bought in the needed quality or quantity at reasonable cost, or if the battery is not a functional enabler and poses no security or sourcing risk. That waiver authority may only be delegated to the Under Secretary of Defense for Acquisition and Sustainment. By December 1, 2028, and at least every three years after that until twelve years after the law is enacted, the Secretary must brief the congressional defense committees on progress. New acquisition program: a defense program that had not started engineering and manufacturing development or passed Milestone B before the law. Existing acquisition program: one that had. Functional cell component: the main chemical and internal parts of a battery (for example, cathodes, anodes, separators, electrolytes, solvents, additives, and internal safety parts). Foreign entity of concern: the types of foreign companies identified in other federal law. Standard battery: a battery used in more than one weapons system and not managed by a single portfolio acquisition executive.

Title 10, §4865

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

The Secretary of Defense shall procure advanced batteries and cells whose functional cell components and technology, whether as end items or embedded within warfighting and support systems, are not owned, sourced, refined, or produced from a foreign entity of concern.

(b)Applicability.—

This section applies to all new acquisition programs on January 1, 2028, standard batteries on January 1, 2029, and for existing acquisition programs on January 30, 2031.

(c)Exceptions.—

(1)Sourcing and production compliance.—

(A)In general.—

Subsection (a) does not apply to an advanced battery or cell of an advanced battery if—

(i)the final assembly of such advanced battery or cell is carried out by an entity other than a foreign entity of concern;

(ii)functional cell components comprising more than 95 percent of the costs of the functional cell components of such advanced battery or cell are from sources other than foreign entities of concern; and

(iii)such advanced battery or cell is produced without technology licensed from a foreign entity of concern.

(B)Recycled source determination.—

For the purposes of subparagraph (A)(ii), any material or component from an entity that has been recycled and reprocessed domestically is considered to originate from that entity regardless of origin.

(2)Excluded batteries.—

Subsection (a) does not apply to a battery or cell of a battery that is—

(A)acquired for use in a cell phone, laptop, personal electronic device, or medical equipment intended for use in an office, administrative, hospital, or non-combat environment;

(B)commercially available off-the-shelf item for use only in the maintenance of equipment; or

(C)acquired for research, development, testing, and evaluation by the Department of Defense.

(3)Waiver.—

(A)In general.—

The Secretary of Defense may waive the limitations specified in subsection (a) for a specific system or battery for one year if—

(i)the Secretary determines that a satisfactory quality and sufficient quantity such advanced battery or cell that are not subject to such prohibition cannot be acquired as and when needed by the Department of Defense at reasonable costs; or

(ii)in the case of an advanced battery or cell that is a component of a warfighting or support system, sufficient documentation exists to show that such advanced battery or cell is not a functional enabler of operational capability for such system and such advanced battery or cell poses no risk to the security of or sourcing for such system.

(B)Delegation.—

The Secretary of Defense may delegate the authority under subparagraph (A) only to the Under Secretary of Defense for Acquisition and Sustainment.

(d)Report.—

Not later than December 1, 2028, and not less frequently than once every three years thereafter until the date that is twelve years after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status of meeting the requirements under subsection (a).

(e)Definitions.—

In this section: (1)

(2)The term “existing acquisition program” means a defense acquisition program that has reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.

(3)The term “functional cell component” means the cathode materials, anode materials, separators, anode foils, and other functional materials of an advanced battery that contribute to the chemical processes necessary for energy storage, including solvents, additives, electrolyte salts, and internal safety devices.

(4)The “foreign entity of concern” has the meaning given such term under section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)), and includes entities specified in section 154 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.).

(5)The term “standard battery” means a battery that used in more than one weapons system and are not managed by one portfolio acquisition executive.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this Act, referred to in subsec. (d), (e)(1), (2), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Statutory Notes and Related Subsidiaries

Effective Date

of 2025 Amendment Pub. L. 119–60, div. A, title VIII, § 842(b), Dec. 18, 2025, 139 Stat. 975, provided that: “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 [Dec. 18, 2025].” Implementation Pub. L. 119–60, div. A, title VIII, § 842(c), Dec. 18, 2025, 139 Stat. 975, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to incorporate the requirements of this section 4865 of title 10, United States Code, as added by subsection (a).”