II
119THCONGRESS
1
STSESSION S. 450
To prohibit the Secretary of Homeland Security from procuring certain
foreign-made batteries, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY6 (legislative day, FEBRUARY5), 2025
Mr. S
COTTof Florida (for himself and Ms. HASSAN) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
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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•S 450 IS
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
the Act entitled ‘‘An Act to ensure that goods made 16
with forced labor in the Xinjiang Autonomous Re-17
gion of the People’s Republic of China do not enter 18
the United States market, and for other purposes’’, 19
approved December 23, 2021 (Public Law 117–78; 20
22 U.S.C. 6901 note) (commonly referred to as the 21
‘‘Uyghur Forced Labor Prevention Act’’). 22
(8) Any entity identified by the Secretary of 23
Defense as a Chinese military company pursuant to 24
section 1260H of the William M. (Mac) Thornberry 25
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National Defense Authorization Act for Fiscal Year 1
2021 (10 U.S.C. 113 note). 2
(9) Any entity included in Supplement No. 4 to 3
part 744 of title 15, Code of Federal Regulations, or 4
any successor regulation. 5
(10) Any subsidiary or successor to an entity 6
specified in paragraphs (1) through (9). 7
(c) T
REATMENT OF PRODUCTION.—For purposes of 8
this section, a battery shall be treated as produced by an 9
entity specified in subsection (b) if such entity— 10
(1) assembles or manufactures the final product 11
that uses such battery; or 12
(2) creates or otherwise provides a majority of 13
the components used in such battery. 14
(d) W
AIVERS.— 15
(1) R
ELATING TO ASSESSMENT .—The Secretary 16
of Homeland Security may waive the limitation 17
under subsection (a) if the Secretary assesses in the 18
affirmative all of the following: 19
(A) The batteries to be procured do not 20
pose a national security, data, or infrastructure 21
risk to the United States. 22
(B) There is no available alternative to 23
procure batteries that are— 24
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(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 limitation 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 and 14
Governmental Affairs of the Senate and the Com-15
mittee on Homeland Security of the House of Rep-16
resentatives a notification relating thereto. 17
(e) R
EPORT.—Not later than 180 days after the date 18
of enactment of this Act, the Secretary of Homeland Secu-19
rity shall submit to the Committee on Homeland Security 20
and Governmental Affairs of the Senate and the Com-21
mittee on Homeland Security of the House of Representa-22
tives a report on the anticipated impacts on mission and 23
costs on the Department of Homeland Security associated 24
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with carrying out this section, including with respect to 1
the 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
Æ
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