Decoupling from Foreign Adversarial Battery Dependence Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1166 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1166

 To prohibit the Secretary of Homeland Security from procuring certain
            foreign-made batteries, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2025

 Mr. Gimenez (for himself, Mr. Green of Tennessee, Mr. Moolenaar, Mr.
   Pfluger, and Mr. Meuser) introduced the following bill; which was
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

 To prohibit the Secretary of Homeland Security from procuring certain
            foreign-made batteries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Decoupling from Foreign Adversarial
Battery Dependence Act''.

SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF CERTAIN
              BATTERIES.

    (a) In General.--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).
    (b) Entities Specified.--The entities specified in this subsection
are the following:
            (1) Contemporary Amperex Technology Company, Limited (also
        known as ``CATL'').
            (2) BYD Company, Limited.
            (3) Envision Energy, Limited.
            (4) EVE Energy Company, Limited.
            (5) Gotion High tech Company, Limited.
            (6) Hithium Energy Storage Technology company, Limited.
            (7) Any entity on any list required under clauses (i),
        (ii), (iv), or (v) of section 2(d)(2)(B) of Public Law 117-78
        (commonly referred to as the ``Uyghur Forced Labor Prevention
        Act'').
            (8) Any entity identified by the Secretary of Defense as a
        Chinese military company pursuant to section 1260H of the
        William M. (Mac) Thornberry National Defense Authorization Act
        for Fiscal Year 2021 (10 U.S.C. 113 note).
            (9) Any entity included in Supplement No. 4 to part 744 of
        title 15, Code of Federal Regulations, or any successor
        regulation.
            (10) Any subsidiary or successor to an entity specified in
        paragraphs (1) through (9).
    (c) Treatment of Production.--For purposes of this section, a
battery shall be treated as produced by an entity specified in
subsection (b) if such entity--
            (1) assembles or manufactures the final product that uses
        such battery; or
            (2) creates or otherwise provides a majority of the
        components used in such battery.
    (d) Waivers.--
            (1) Relating to assessment.--The Secretary of Homeland
        Security may waive the prohibition under subsection (a) if the
        Secretary assesses in the affirmative all of the following:
                    (A) The batteries to be procured do not pose a
                national security, data, or infrastructure risk to the
                United States.
                    (B) There is no available alternative to procure
                batteries that are--
                            (i) of similar or better cost and quality;
                        and
                            (ii) produced by an entity not specified in
                        subsection (b).
            (2) Relating to research.--The Secretary of Homeland
        Security may waive the prohibition 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.
            (3) Congressional notification.--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.
    (e) Report.--Not later than 180 days after the date of the
enactment of this Act, 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 report on the anticipated impacts on mission and costs on the
Department of Homeland Security associated with carrying out this
section, including with respect to following components of the
Department:
            (1) U.S. Customs and Border Protection, including the U.S.
        Border Patrol.
            (2) U.S. Immigration and Customs Enforcement, including
        Homeland Security Investigations.
            (3) The United States Secret Service.
            (4) The Transportation Security Administration.
            (5) The United States Coast Guard.
            (6) The Federal Protective Service.
            (7) The Federal Emergency Management Agency.
            (8) The Federal Law Enforcement Training Centers.
            (9) The Cybersecurity and Infrastructure Security Agency.
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