Decoupling from Foreign Adversarial Battery Dependence Act

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). Beginning on October 1, 2028, 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).

The entities specified in this subsection are the following: The entities specified in this subsection are the following:

(1) Contemporary Amperex Technology Company, Limited (also known as CATL). Contemporary Amperex Technology Company, Limited (also known as CATL).

(2) BYD Company, Limited. BYD Company, Limited.

(3) Envision Energy, Limited. Envision Energy, Limited.

(4) EVE Energy Company, Limited. EVE Energy Company, Limited.

(5) Gotion High tech Company, Limited. Gotion High tech Company, Limited.

(6) Hithium Energy Storage Technology company, Limited. 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). 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). 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. 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). Any subsidiary or successor to an entity specified in paragraphs (1) through (9).

For purposes of this section, a battery shall be treated as produced by an entity specified in subsection (b) if such entity— 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 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. creates or otherwise provides a majority of the components used in such battery.

The Secretary of Homeland Security may waive the limitation under subsection (a) if the Secretary assesses in the affirmative all of the following: 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. 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— There is no available alternative to procure batteries that are—

(i) of similar or better cost and quality; and of similar or better cost and quality; and

(ii) produced by an entity not specified in subsection (b). produced by an entity not specified in subsection (b).

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. 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.

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. 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.

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.

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:

(A) U.S. Customs and Border Protection, including the U.S. Border Patrol.

(B) U.S. Immigration and Customs Enforcement, including Homeland Security Investigations.

(C) The United States Secret Service.

(D) The Transportation Security Administration.

(E) The United States Coast Guard.

(F) The Federal Protective Service.

(G) The Federal Emergency Management Agency.

(H) The Federal Law Enforcement Training Centers.

(I) The Cybersecurity and Infrastructure Security Agency.

The report submitted under paragraph (1) shall include—

(A) the anticipated impacts on mission readiness, operational effectiveness, and costs for each component of the Department of Homeland Security;

(B) the estimated costs associated with transitioning to compliant batteries, including comparisons to prior procurement costs;

(C) a description of risk mitigation strategies for ensuring operational continuity during the transition; and

(D) any identified gaps in domestic battery production capabilities that may affect compliance with this Act.

Nothing in this section shall be construed—

(1) to require any battery produced by an entity specified in subsection (b) in use or resident in equipment, systems, or services as of the day before the applicable effective date specified in subsection (a) to be removed or replaced; or

(2) to prohibit or limit the utilization of such battery throughout the lifecycle of such existing equipment.