119-s450

[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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