I
119THCONGRESS
1
STSESSION 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
FEBRUARY10, 2025
Mr. G
IMENEZ(for himself, Mr. GREENof Tennessee, Mr. MOOLENAAR, Mr.
P
FLUGER, and Mr. MEUSER) introduced the following bill; which was re-
ferred to the Committee on Homeland Security
A BILL
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
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Decoupling from For-4
eign Adversarial Battery Dependence Act’’. 5
SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 6
PROCUREMENT OF CERTAIN BATTERIES. 7
(a) I
NGENERAL.—Beginning on October 1, 2027, 8
none of the funds authorized to be appropriated or other-9
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•HR 1166 IH
wise made available for the Department of Homeland Se-1
curity may be obligated to procure a battery produced by 2
an entity specified in subsection (b). 3
(b) E
NTITIESSPECIFIED.—The entities specified in 4
this subsection are the following: 5
(1) Contemporary Amperex Technology Com-6
pany, Limited (also known as ‘‘CATL’’). 7
(2) BYD Company, Limited. 8
(3) Envision Energy, Limited. 9
(4) EVE Energy Company, Limited. 10
(5) Gotion High tech Company, Limited. 11
(6) Hithium Energy Storage Technology com-12
pany, Limited. 13
(7) Any entity on any list required under 14
clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of 15
Public Law 117–78 (commonly referred to as the 16
‘‘Uyghur Forced Labor Prevention Act’’). 17
(8) Any entity identified by the Secretary of 18
Defense as a Chinese military company pursuant to 19
section 1260H of the William M. (Mac) Thornberry 20
National Defense Authorization Act for Fiscal Year 21
2021 (10 U.S.C. 113 note). 22
(9) Any entity included in Supplement No. 4 to 23
part 744 of title 15, Code of Federal Regulations, or 24
any successor regulation. 25
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(10) Any subsidiary or successor to an entity 1
specified in paragraphs (1) through (9). 2
(c) T
REATMENT OF PRODUCTION.—For purposes of 3
this section, a battery shall be treated as produced by an 4
entity specified in subsection (b) if such entity— 5
(1) assembles or manufactures the final product 6
that uses such battery; or 7
(2) creates or otherwise provides a majority of 8
the components used in such battery. 9
(d) W
AIVERS.— 10
(1) R
ELATING TO ASSESSMENT .—The Secretary 11
of Homeland Security may waive the prohibition 12
under subsection (a) if the Secretary assesses in the 13
affirmative all of the following: 14
(A) The batteries to be procured do not 15
pose a national security, data, or infrastructure 16
risk to the United States. 17
(B) There is no available alternative to 18
procure batteries that are— 19
(i) of similar or better cost and qual-20
ity; and 21
(ii) produced by an entity not speci-22
fied in subsection (b). 23
(2) R
ELATING TO RESEARCH .—The Secretary 24
of Homeland Security may waive the prohibition 25
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under subsection (a) if the Secretary determines 1
that the batteries to be procured are for the sole 2
purpose of research, evaluation, training, testing, or 3
analysis. 4
(3) C
ONGRESSIONAL NOTIFICATION .—Not later 5
than 15 days after granting a waiver under this sub-6
section, the Secretary of Homeland Security shall 7
submit to the Committee on Homeland Security of 8
the House of Representatives and the Committee on 9
Homeland Security and Governmental Affairs of the 10
Senate a notification relating thereto. 11
(e) R
EPORT.—Not later than 180 days after the date 12
of the enactment of this Act, the Secretary of Homeland 13
Security shall submit to the Committee on Homeland Se-14
curity of the House of Representatives and the Committee 15
on Homeland Security and Governmental Affairs of the 16
Senate a report on the anticipated impacts on mission and 17
costs on the Department of Homeland Security associated 18
with carrying out this section, including with respect to 19
following components of the Department: 20
(1) U.S. Customs and Border Protection, in-21
cluding the U.S. Border Patrol. 22
(2) U.S. Immigration and Customs Enforce-23
ment, including Homeland Security Investigations. 24
(3) The United States Secret Service. 25
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(4) The Transportation Security Administra-1
tion. 2
(5) The United States Coast Guard. 3
(6) The Federal Protective Service. 4
(7) The Federal Emergency Management Agen-5
cy. 6
(8) The Federal Law Enforcement Training 7
Centers. 8
(9) The Cybersecurity and Infrastructure Secu-9
rity Agency. 10
Æ
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