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S 450119th CongressIn Committee

Decoupling from Foreign Adversarial Battery Dependence Act

Introduced: Feb 6, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, introduced in the Senate, would bar the Department of Homeland Security (DHS) from using any funds to procure batteries manufactured by a defined set of foreign entities beginning October 1, 2027. The list centers on Chinese battery producers and related entities (including those tied to Uyghur labor concerns, Chinese military companies, and other sanctioned or restricted firms), as well as subsidiaries or successors of those entities. A battery is considered produced by one of these entities if the entity assembles the final product or provides a majority of the components. The bill allows waivers under specified conditions (national security/data/infrastructure risk not posed or when no suitable non-listed alternative exists, or for research purposes) with a 15-day notice to congressional committees. It also requires a DHS-reported assessment within 180 days of enactment detailing anticipated mission and cost impacts across multiple DHS components. Overall, the measure aims to reduce DHS dependence on adversarial foreign batteries by mandating alternative suppliers or domestic production, while preserving limited exceptions through a waiver process.

Key Points

  • 1Prohibition on funds: Beginning October 1, 2027, DHS may not obligate funds to procure batteries produced by any entity listed in subsection (b).
  • 2Entities listed: Includes major Chinese battery firms and related or restricted entities such as CATL, BYD, Envision Energy, EVE Energy, Gotion High-tech, Hithium, plus any entity on certain Chinese sanction/industry lists, Uyghur Forced Labor Prevention Act lists, Chinese military companies per the NDAA, and their subsidiaries or successors.
  • 3Definition of “produced by”: A battery is treated as produced by a listed entity if that entity assembles or manufactures the final product, or creates/provides a majority of the components.
  • 4Waivers: Allowable if (A) no national security/data/infrastructure risk and no viable non-listed alternative, or (B) the batteries are for research/evaluation/training/testing/analysis. Waivers require notification to Congress within 15 days.
  • 5Reporting requirement: Within 180 days after enactment, DHS must report on anticipated mission and cost impacts of implementing the ban, covering major DHS components (e.g., CBP, ICE, Secret Service, TSA, USCG, FPS, FEMA, Federal Law Enforcement Training Centers, CISA).
  • 6Short title: The act is cited as the “Decoupling from Foreign Adversarial Battery Dependence Act.”

Impact Areas

Primary group/area affected: Department of Homeland Security and its major components that rely on batteries for equipment, vehicles, sensors, and other devices (e.g., CBP, ICE, Secret Service, TSA, USCG, FPS, FEMA, training centers, and cyber/critical infrastructure protection agencies).Secondary group/area affected: Battery manufacturers and suppliers, particularly those seeking DHS contracts, as well as domestic production capabilities and supply chains for critical batteries. Potential shifts in procurement strategy and increased sourcing from non-listed or domestic producers.Additional impacts: National security and human rights considerations (reduction of reliance on entities tied to adversarial regimes or forced labor concerns), potential cost increases or longer lead times as DHS transitions away from restricted suppliers, and accountability/oversight implications through the waiver and reporting processes.
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