H.R. 1166 — Decoupling from Foreign Adversarial Battery Dependence Act

This section establishes the short title of the Act as the “Decoupling from Foreign Adversarial Battery Dependence Act.”

This section prohibits the Department of Homeland Security, beginning on October 1, 2027, from obligating any authorized or otherwise available funds to procure batteries produced by specified entities, including Contemporary Amperex Technology Company, Limited (CATL), BYD Company, Limited, Envision Energy, Limited, EVE Energy Company, Limited, Gotion High tech Company, Limited, Hithium Energy Storage Technology company, Limited, certain entities listed under the Uyghur Forced Labor Prevention Act, entities identified as Chinese military companies under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note), entities listed in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, and any subsidiary or successor to those entities. As background, the Department of Homeland Security uses batteries in equipment and systems across its operational components, including border security, aviation security, law enforcement, emergency management, and cybersecurity. This section treats a battery as produced by a specified entity if that entity assembles or manufactures the final product using the battery or creates or provides a majority of the battery’s components. It authorizes the Secretary of Homeland Security to waive the prohibition if the Secretary affirmatively determines that the batteries do not pose a national security, data, or infrastructure risk to the United States and that no available alternative battery is of similar or better cost and quality and produced by a noncovered entity, or if the batteries are for the sole purpose of research, evaluation, training, testing, or analysis. It requires the Secretary to notify the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs within 15 days after granting a waiver and to submit a report within 180 days after enactment on the anticipated mission and cost impacts of the section for 9 DHS components, including U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Secret Service, the Transportation Security Administration, the Coast Guard, the Federal Protective Service, the Federal Emergency Management Agency, the Federal Law Enforcement Training Centers, and the Cybersecurity and Infrastructure Security Agency.