119THCONGRESS 1 STSESSION H. R. 1166 AN ACT To prohibit the Secretary of Homeland Security from pro- curing certain foreign-made batteries, and for other pur- poses. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 2 •HR 1166 EH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Decoupling from For-2 eign Adversarial Battery Dependence Act’’. 3 SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 4 PROCUREMENT OF CERTAIN BATTERIES. 5 (a) I NGENERAL.—Beginning on October 1, 2027, 6 none of the funds authorized to be appropriated or other-7 wise made available for the Department of Homeland Se-8 curity may be obligated to procure a battery produced by 9 an entity specified in subsection (b). 10 (b) E NTITIESSPECIFIED.—The entities specified in 11 this subsection are the following: 12 (1) Contemporary Amperex Technology Com-13 pany, Limited (also known as ‘‘CATL’’). 14 (2) BYD Company, Limited. 15 (3) Envision Energy, Limited. 16 (4) EVE Energy Company, Limited. 17 (5) Gotion High tech Company, Limited. 18 (6) Hithium Energy Storage Technology com-19 pany, Limited. 20 (7) Any entity on any list required under 21 clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of 22 Public Law 117–78 (commonly referred to as the 23 ‘‘Uyghur Forced Labor Prevention Act’’). 24 (8) Any entity identified by the Secretary of 25 Defense as a Chinese military company pursuant to 26 3 •HR 1166 EH section 1260H of the William M. (Mac) Thornberry 1 National Defense Authorization Act for Fiscal Year 2 2021 (10 U.S.C. 113 note). 3 (9) Any entity included in Supplement No. 4 to 4 part 744 of title 15, Code of Federal Regulations, or 5 any successor regulation. 6 (10) Any subsidiary or successor to an entity 7 specified in paragraphs (1) through (9). 8 (c) T REATMENT OF PRODUCTION.—For purposes of 9 this section, a battery shall be treated as produced by an 10 entity specified in subsection (b) if such entity— 11 (1) assembles or manufactures the final product 12 that uses such battery; or 13 (2) creates or otherwise provides a majority of 14 the components used in such battery. 15 (d) W AIVERS.— 16 (1) R ELATING TO ASSESSMENT .—The Secretary 17 of Homeland Security may waive the prohibition 18 under subsection (a) if the Secretary assesses in the 19 affirmative all of the following: 20 (A) The batteries to be procured do not 21 pose a national security, data, or infrastructure 22 risk to the United States. 23 (B) There is no available alternative to 24 procure batteries that are— 25 4 •HR 1166 EH (i) of similar or better cost and qual-1 ity; and 2 (ii) produced by an entity not speci-3 fied in subsection (b). 4 (2) R ELATING TO RESEARCH .—The Secretary 5 of Homeland Security may waive the prohibition 6 under subsection (a) if the Secretary determines 7 that the batteries to be procured are for the sole 8 purpose of research, evaluation, training, testing, or 9 analysis. 10 (3) C ONGRESSIONAL NOTIFICATION .—Not later 11 than 15 days after granting a waiver under this sub-12 section, the Secretary of Homeland Security shall 13 submit to the Committee on Homeland Security of 14 the House of Representatives and the Committee on 15 Homeland Security and Governmental Affairs of the 16 Senate a notification relating thereto. 17 (e) R EPORT.—Not later than 180 days after the date 18 of the enactment of this Act, the Secretary of Homeland 19 Security shall submit to the Committee on Homeland Se-20 curity of the House of Representatives and the Committee 21 on Homeland Security and Governmental Affairs of the 22 Senate a report on the anticipated impacts on mission and 23 costs on the Department of Homeland Security associated 24 5 •HR 1166 EH with carrying out this section, including with respect to 1 following components of the Department: 2 (1) U.S. Customs and Border Protection, in-3 cluding the U.S. Border Patrol. 4 (2) U.S. Immigration and Customs Enforce-5 ment, including Homeland Security Investigations. 6 (3) The United States Secret Service. 7 (4) The Transportation Security Administra-8 tion. 9 (5) The United States Coast Guard. 10 (6) The Federal Protective Service. 11 (7) The Federal Emergency Management Agen-12 cy. 13 (8) The Federal Law Enforcement Training 14 Centers. 15 (9) The Cybersecurity and Infrastructure Secu-16 rity Agency. 17 Passed the House of Representatives March 10, 2025. Attest: Clerk. 119 TH CONGRESS 1 ST S ESSION H. R. 1166 AN ACT To prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes.