[Congressional Record Volume 171, Number 44 (Monday, March 10, 2025)]
[House]
[Pages H1053-H1054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DECOUPLING FROM FOREIGN ADVERSARIAL BATTERY DEPENDENCE ACT
Mr. GREEN of Tennessee. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1166) to prohibit the Secretary of Homeland
Security from procuring certain foreign-made batteries, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1166
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 Public Law 117-78
(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).
[[Page H1054]]
(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 prohibition 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 prohibition 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 of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a notification relating thereto.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate 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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Green) and the gentleman from California (Mr. Correa)
each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. GREEN of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on H.R. 1166.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. GREEN of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
I rise today in strong support of H.R. 1166, the Decoupling from
Foreign Adversarial Battery Dependence Act.
Our world continues to be incredibly reliant on battery technology.
Currently, the People's Republic of China produces the vast majority of
the world's batteries. Dependence on batteries that are largely
manufactured in an adversarial nation presents a serious risk to
national security.
H.R. 1166 will prohibit DHS from procuring battery technology from
companies with known ties to the Chinese Communist Party.
Mr. Speaker, I commend my colleague from Florida, Mr. Gimenez, for
his strong work to address this issue, and I reserve the balance of my
time.
Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume.
My fellow Democrats and I strongly support the intent of this bill,
which is to confront our global adversaries and build up an industrial
manufacturing base here at home in the United States. We can't give the
Communist Party of China any opportunity to undermine our homeland
security, and I support the goal of this legislation to prohibit DHS
from buying batteries from certain Chinese companies.
Due to a Democratic amendment to this bill in the last Congress, this
prohibition was expanded to include any company using Uyghur forced
labor or companies identified by the Secretary of Defense as Chinese
military companies and those companies engaged in activities contrary
to U.S. national security or foreign policy interests against the
United States, according to the Department of Commerce.
This bill also includes Democratic language requiring DHS to produce
a report on the potential impacts and costs associated with carrying
out the intent of this legislation before it becomes effective. That
report will help the DHS and Congress manage any unanticipated negative
consequences of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GREEN of Tennessee. Mr. Speaker, I yield such time as he may
consume to the gentleman from Florida (Mr. Gimenez).
Mr. GIMENEZ. Mr. Speaker, I rise today in support of H.R. 1166, the
Decoupling from Foreign Adversarial Battery Dependence Act.
As Communist China seeks to gain influence in critical industries
around the world, the United States must be at the forefront of
combating and decoupling from the CCP. This includes battery
technology.
As we become more and more dependent on battery technology, we need
to ensure that these batteries are sourced from nonadversarial
countries. As it stands, Communist China produces approximately 80
percent of the world's batteries and roughly 70 percent of the world's
lithium ion batteries. This dependence puts U.S. supply chains at risk
and threatens our national security.
Our government should not be spending tax dollars to procure
batteries from companies that profit from slave labor or provide
another avenue for the CCP to expand their surveillance apparatus here
in the United States. As an agency tasked with protecting the homeland,
the Department of Homeland Security should not be procuring batteries
from a geopolitical adversary.
H.R. 1166, the Decoupling from Foreign Adversarial Battery Dependence
Act, is a critical first step in addressing this issue. Modeled after
previous provisions included in the FY 2024 NDAA, my legislation builds
off of these efforts and prohibits the Department of Homeland Security
from procuring batteries from companies that have deep ties to the CCP
and engage in human rights abuses.
H.R. 1166 helps our Nation take a step forward in advancing our
efforts to decouple from the PRC and safeguard critical supply chains
from exploitation.
I am proud that this bill passed out of the Committee on Homeland
Security in a bipartisan manner last Congress and was passed on the
House floor. I look forward to seeing it pass and becoming law in the
119th Congress.
Mr. Speaker, I urge all of my colleagues to vote ``yes.''
Mr. CORREA. Mr. Speaker, I yield myself the balance of my time.
Before I close, Mr. Speaker, I will note that, in the last Congress,
the Senate made further improvements to this measure not reflected in
this bill today. I support advancing H.R. 1166 today so that the Senate
can continue to work on this measure. I also thank Mr. Gimenez for this
legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. GREEN of Tennessee. Mr. Speaker, I yield myself the balance of my
time. I again urge my colleagues to support H.R. 1166, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Green) that the House suspend the rules
and pass the bill, H.R. 1166.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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