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This bill would stop the Department of Homeland Security from buying certain batteries made by companies linked to China or to national security concerns, starting on October 1, 2027. It is meant to reduce reliance on foreign-made batteries that lawmakers see as risky because of possible threats to security, data, or key infrastructure. The bill allows limited waivers in special cases, such as when batteries are needed for research or when no safe, similar alternative is available. It also requires the department to report on how the new rule could affect its missions and costs.
- It bans Homeland Security from using federal funds to buy batteries made by several named companies, including CATL, BYD, Envision Energy, EVE Energy, Gotion High-tech, and Hithium Energy Storage.
- The ban also covers companies on certain federal lists tied to forced labor concerns, Chinese military company designations, export control rules, and any subsidiaries or successors of those companies.
- A battery counts as being produced by a covered company if that company makes the final product that uses the battery or provides most of the battery’s parts.
- The Homeland Security secretary can approve a waiver if the batteries do not pose a security risk and there is no other battery available with similar cost and quality, or if the batteries are only for research, testing, training, or evaluation. Congress must be notified within 15 days of any waiver.
The bill also requires Homeland Security to send Congress a report within 180 days after the law is enacted. That report must explain the expected effects on the department’s work and costs, including impacts on Customs and Border Protection, ICE, the Secret Service, TSA, the Coast Guard, FEMA, training centers, and cyber security operations.
Official Summaries
Decoupling from Foreign Adversarial Battery Dependence Act
This bill prohibits the Department of Homeland Security (DHS) from using appropriated funds to procure a battery produced by certain entities, particularly six specific companies owned and operated in China. This prohibition begins on October 1, 2027.
The bill allows DHS to waive the prohibition if DHS assesses in the affirmative that (1) the batteries to be procured do not pose a risk to U.S. national security, data, or infrastructure; and (2) there is no available alternative to procure batteries that are of similar or better cost and quality and that are produced by an entity not specified in this bill.
DHS may also waive the prohibition upon a determination that the batteries to be procured are for the sole purpose of research, evaluation, training, testing, or analysis.
The bill requires DHS to notify Congress within 15 days after granting a waiver under this bill.
The bill also requires DHS to report to Congress on the anticipated impacts associated with carrying out this bill, including with respect to specified agencies of DHS.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 450 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
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
February 6 (legislative day, February 5), 2025
Mr. Scott of 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 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 the Act entitled
``An Act to ensure that goods made with forced labor in the
Xinjiang Autonomous Region of the People's Republic of China do
not enter the United States market, and for other purposes'',
approved December 23, 2021 (Public Law 117-78; 22 U.S.C. 6901
note) (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 limitation 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 limitation 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 and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a notification relating thereto.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
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 the 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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