II 

118TH CONGRESS 

2D SESSION S. 5572 

To prohibit the Secretary of Homeland Security from procuring certain 

foreign-made batteries, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17 (legislative day, DECEMBER 16), 2024 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Decoupling from For5 eign Adversarial Battery Dependence Act’’. 

6 SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR 

7 PROCUREMENT OF CERTAIN BATTERIES. 

8 (a) IN GENERAL.—Beginning on October 1, 2027, 

9 none of the funds authorized to be appropriated or otherVerDate Sep 11 2014 05:06 Jan 21, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5572.IS S5572

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1 wise made available for the Department of Homeland Se2 curity may be obligated to procure a battery produced by 

3 an entity specified in subsection (b). 

4 (b) ENTITIES SPECIFIED.—The entities specified in 

5 this subsection are the following: 

6 (1) Contemporary Amperex Technology Com7 pany, Limited (also known as ‘‘CATL’’). 

8 (2) BYD Company, Limited. 

9 (3) Envision Energy, Limited. 

10 (4) EVE Energy Company, Limited. 

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

12 (6) Hithium Energy Storage Technology com13 pany, Limited. 

14 (7) Any entity on any list required under 

15 clauses (i), (ii), (iv), or (v) of section 2(d)(2)(B) of 

16 Public Law 117–78 (commonly referred to as the 

17 ‘‘Uyghur Forced Labor Prevention Act’’). 

18 (8) Any entity identified by the Secretary of 

19 Defense as a Chinese military company pursuant to 

20 section 1260H of the William M. (Mac) Thornberry 

21 National Defense Authorization Act for Fiscal Year 

22 2021 (10 U.S.C. 113 note). 

23 (9) Any entity included in Supplement No. 4 to 

24 part 744 of title 15, Code of Federal Regulations, or 

25 any successor regulation. 


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1 (10) Any subsidiary or successor to an entity 

2 specified in paragraphs (1) through (9). 

3 (c) TREATMENT OF PRODUCTION.—For purposes of 

4 this section, a battery shall be treated as produced by an 

5 entity specified in subsection (b) if such entity— 

6 (1) assembles or manufactures the final product 

7 that uses such battery; or 

8 (2) creates or otherwise provides a majority of 

9 the components used in such battery. 

10 (d) WAIVERS.— 

11 (1) RELATING TO ASSESSMENT.—The Secretary 

12 of Homeland Security may waive the limitation 

13 under subsection (a) if the Secretary assesses in the 

14 affirmative all of the following: 

15 (A) The batteries to be procured do not 

16 pose a national security, data, or infrastructure 

17 risk to the United States. 

18 (B) There is no available alternative to 

19 procure batteries that are— 

20 (i) of similar or better cost and qual21 ity; and 

22 (ii) produced by an entity not speci23 fied in subsection (b). 

24 (2) RELATING TO RESEARCH.—The Secretary 

25 of Homeland Security may waive the limitation 


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1 under subsection (a) if the Secretary determines 

2 that the batteries to be procured are for the sole 

3 purpose of research, evaluation, training, testing, or 

4 analysis. 

5 (3) CONGRESSIONAL NOTIFICATION.—Not later 

6 than 15 days after granting a waiver under this sub7 section, the Secretary of Homeland Security shall 

8 submit to the Committee on Homeland Security and 

9 Governmental Affairs of the Senate and the Com10 mittee on Homeland Security of the House of Rep11 resentatives a notification relating thereto. 

12 (e) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Secretary of Homeland Secu14 rity shall submit to the Committee on Homeland Security 

15 and Governmental Affairs of the Senate and the Com16 mittee on Homeland Security of the House of Representa17 tives a report on the anticipated impacts on mission and 

18 costs on the Department of Homeland Security associated 

19 with carrying out this section, including with respect to 

20 the following components of the Department: 

21 (1) U.S. Customs and Border Protection, in22 cluding the U.S. Border Patrol. 

23 (2) U.S. Immigration and Customs Enforce24 ment, including Homeland Security Investigations. 

25 (3) The United States Secret Service. 


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1 (4) The Transportation Security Administra2 tion. 

3 (5) The United States Coast Guard. 

4 (6) The Federal Protective Service. 

5 (7) The Federal Emergency Management Agen6 cy. 

7 (8) The Federal Law Enforcement Training 

8 Centers. 

9 (9) The Cybersecurity and Infrastructure Secu10 rity Agency. 

Æ 


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