Decoupling from Foreign Adversarial Battery Dependence Act
- Bill Number
- H.R. 1166
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Foreign Trade and International Finance
- Status
- Passed House
- Latest Action
- 2025-03-11: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-07-10T16:53:23Z
AI-Generated Summary
Purpose
The legislation aims to reduce U.S. Department of Homeland Security (DHS) reliance on batteries produced by certain foreign entities, particularly those from China, to enhance national security and mitigate risks related to supply chains, data vulnerabilities, and adversarial influences.
Key Provisions
- Procurement Ban: Starting October 1, 2027, DHS cannot use appropriated funds to buy batteries produced by specified entities. These include major Chinese companies like Contemporary Amperex Technology Company Limited (CATL), BYD Company Limited, Envision Energy Limited, EVE Energy Company Limited, Gotion High-Tech Company Limited, and Hithium Energy Storage Technology Company Limited.
- Expanded Entity List: The ban also covers entities on the Uyghur Forced Labor Prevention Act list (which targets companies linked to forced labor in China's Xinjiang region), Chinese military companies identified by the Secretary of Defense, entities on the U.S. Commerce Department's Entity List (a export control list for national security reasons), and any subsidiaries or successors of these.
- Definition of Production: A battery is considered "produced" by a banned entity if that entity assembles or manufactures the final product using the battery or supplies the majority of its components.
- Waivers: The DHS Secretary can temporarily override the ban if:
- An assessment shows the batteries pose no national security, data, or infrastructure risks, and no comparable alternatives (in cost and quality) from non-banned sources are available.
- The batteries are solely for research, evaluation, training, testing, or analysis.
- Congress must be notified within 15 days of any waiver.
- Reporting Requirement: Within 180 days of enactment, DHS must submit a report to relevant congressional committees detailing anticipated effects on its missions and costs, focusing on components like U.S. Customs and Border Protection, Immigration and Customs Enforcement, Secret Service, Transportation Security Administration, Coast Guard, Federal Protective Service, Federal Emergency Management Agency, Federal Law Enforcement Training Centers, and Cybersecurity and Infrastructure Security Agency.
Significant Changes to Existing Law
This act introduces a new, targeted prohibition on DHS funding for specific foreign batteries, building on existing laws like the Uyghur Forced Labor Prevention Act and defense authorization measures. It does not amend prior statutes but adds enforcement mechanisms, such as waivers and reporting, to restrict procurement in a way not previously specified for DHS battery sourcing.
Potential Impacts
- Government Agencies: DHS components relying on batteries (e.g., for vehicles, equipment, or infrastructure) may face higher costs or supply disruptions if domestic or allied alternatives are more expensive or limited, potentially affecting operations like border patrol, emergency response, and cybersecurity.
- Citizens: Indirect effects could include delays in DHS services (e.g., border security or disaster relief) if procurement issues arise, or long-term benefits from reduced security risks in government systems.
- International Relations: Strengthens U.S. efforts to decouple from Chinese supply chains, potentially escalating trade tensions with China but encouraging partnerships with allies for battery production.
Main Stakeholders Affected
- DHS and Its Components: Directly impacted by procurement restrictions and required to adapt supply chains.
- Battery Manufacturers: Banned Chinese entities face lost U.S. government business; U.S. or allied producers may gain market opportunities.
- Congress: Receives notifications and reports, influencing oversight and future funding.
- U.S. Taxpayers: Bear potential cost increases for alternative batteries through federal budgets.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces supply chain security under existing export control and forced labor laws, with waivers providing flexibility to avoid legal challenges over procurement disruptions. The ban uses Congress's spending power to condition federal funds.
- Constitutional: Aligns with Congress's authority over appropriations (Article I, Section 9), ensuring executive branch compliance without infringing on separation of powers.
- Political: Reflects broader U.S. strategy to counter economic dependencies on adversarial nations, potentially fueling debates on trade policy, national security, and economic competitiveness, especially amid ongoing U.S.-China relations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Gimenez, Carlos A. [R-FL-28]
Cosponsors (4)
Rep. Green, Mark E. [R-TN-7], Rep. Moolenaar, John R. [R-MI-2], Rep. Pfluger, August [R-TX-11], Rep. Meuser, Daniel [R-PA-9]
Recent Actions
- 2025-03-11: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-03-10: Motion to reconsider laid on the table Agreed to without objection.
- 2025-03-10: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1053-1054)
- 2025-03-10: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1053-1054)
- 2025-03-10: DEBATE - The House proceeded with forty minutes of debate on H.R. 1166.
- 2025-03-10: Considered under suspension of the rules. (consideration: CR H1053-1054)
- 2025-03-10: Mr. Green (TN) moved to suspend the rules and pass the bill.
- 2025-02-10: Referred to the Subcommittee on Counterterrorism and Intelligence.
- 2025-02-10: Referred to the House Committee on Homeland Security.
- 2025-02-10: Introduced in House
- 2025-02-10: Introduced in House
Bill Versions
- Decoupling from Foreign Adversarial Battery Dependence Act — issued 2025-03-10 — PDF (6 pages)
- Decoupling from Foreign Adversarial Battery Dependence Act — issued 2025-02-10 — PDF (5 pages)
- Decoupling from Foreign Adversarial Battery Dependence Act — issued 2025-03-11 — PDF (5 pages)