Decoupling from Foreign Adversarial Battery Dependence Act
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Would prohibit the Department of Homeland Security from spending any funds to buy batteries made by six named Chinese companies — including CATL and BYD — as well as any entity on Chinese military or forced-labor watchlists, starting October 1, 2027.
The bill is part of a broader congressional push to reduce U.S. government dependence on Chinese-made energy technology, covering DHS agencies from Border Patrol and the Secret Service to FEMA and the Coast Guard.
What this bill would do
What it would do
The bill would bar the Department of Homeland Security from obligating any appropriated funds to procure batteries produced by six named Chinese companies — Contemporary Amperex Technology Company (CATL), BYD, Envision Energy, EVE Energy, Gotion High Tech, and Hithium Energy Storage Technology — as well as any entity on Chinese military company lists, Uyghur Forced Labor Prevention Act watchlists, or the Commerce Department's Entity List. The prohibition would also cover subsidiaries and successors of those entities and would take effect on October 1, 2027.
The Secretary of Homeland Security could waive the prohibition in two circumstances: if the batteries pose no national security or data risk and no comparable alternative exists, or if the batteries are for research or testing purposes only. Any waiver would require notifying Congress within 15 days. The bill would also require DHS to submit a report to Congress within 180 days of enactment on the anticipated mission and cost impacts across nine DHS components.
Key provisions
- 1Would prohibit DHS from obligating any funds to procure batteries produced by six named Chinese companies or entities on Chinese military, forced-labor, or export-control watchlists, starting October 1, 2027.
- 2Would extend the prohibition to any entity that assembles the final product using such a battery or supplies a majority of the battery's components.
- 3Would allow the DHS Secretary to waive the ban if batteries pose no national security risk and no comparable alternative is available, or if the batteries are solely for research, evaluation, training, testing, or analysis.
- 4Would require DHS to notify Congress within 15 days after granting any waiver under the bill.
- 5Would require DHS to report to Congress within 180 days of enactment on the anticipated mission and cost impacts on nine named DHS components.
Who would be affected
The Department of Homeland Security and its nine named components — including Customs and Border Protection, Immigration and Customs Enforcement, the Secret Service, the Transportation Security Administration, the Coast Guard, FEMA, and the Cybersecurity and Infrastructure Security Agency — would need to audit and transition their battery procurement away from the named Chinese suppliers. Chinese battery manufacturers and their U.S. distributors would lose DHS as a customer.
Why it matters
DHS operates a large fleet of vehicles, equipment, and facilities that rely on batteries, many sourced from major Chinese manufacturers. If enacted, the department would need to identify alternative suppliers across all nine listed components by late 2027, potentially at higher cost or with limited supply options — a transition the required pre-enactment report is designed to assess.
What would change
Changes to existing law
Amends Uyghur Forced Labor Prevention Act (Public Law 117-78) (Sec. 2(b)(7))
Incorporates its watchlists by reference to define which entities fall under DHS's battery procurement prohibition.
Amends William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) (Sec. 2(b)(8))
Incorporates its Chinese military company designations by reference to define additional prohibited battery suppliers for DHS.
Agencies directed to act
Effective dates
- Prohibition on DHS battery procurement from covered Chinese entities takes effect
- DHS report to Congress on anticipated mission and cost impacts due
How implementation would work
DHS would have roughly two years before the October 1, 2027 effective date to identify alternative battery suppliers. Within 180 days of enactment, the Secretary must submit a report to the House and Senate Homeland Security committees on anticipated mission and cost impacts across each named agency component. If a waiver is granted — either on national security grounds or for research purposes — DHS must notify both committees within 15 days. No rulemaking process is specified; the Secretary exercises waiver authority by direct determination.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Official CRS summary
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This bill prohibits the Department of Homeland Security (DHS) from using appropriated funds to procure a battery produced by certain entities, particularly six specific companies owned and operated in China. This prohibition begins on October 1, 2027.
The bill allows DHS to waive the prohibition if DHS assesses in the affirmative that (1) the batteries to be procured do not pose a risk to U.S. national security, data, or infrastructure; and (2) there is no available alternative to procure batteries that are of similar or better cost and quality and that are produced by an entity not specified in this bill.
DHS may also waive the prohibition upon a determination that the batteries to be procured are for the sole purpose of research, evaluation, training, testing, or analysis.
The bill requires DHS to notify Congress within 15 days after granting a waiver under this bill.
The bill also requires DHS to report to Congress on the anticipated impacts associated with carrying out this bill, including with respect to specified agencies of DHS.
Legislative subjects
Asia; China; Congressional oversight; Energy storage, supplies, demand; Foreign Trade and International Finance; Foreign and international corporations; Public contracts and procurement; Research administration and funding