Overview

Title

An Act To prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes.

ELI5 AI

The bill wants to stop the people who keep America safe from buying batteries from certain overseas companies, especially ones in China, to make sure everything stays safe and secure. If they really need to, they can ask for special permission, but they have to tell everyone how this change will affect their work.

Summary AI

H. R. 1166 is called the "Decoupling from Foreign Adversarial Battery Dependence Act" and aims to prevent the Secretary of Homeland Security from purchasing foreign-made batteries from certain companies starting October 1, 2027. The bill identifies specific companies, many of which are located in China, and states that if these companies manufacture the batteries or provide most of their components, they cannot be procured by Homeland Security. However, waivers can be granted if there are no risks to national security or if the batteries are needed for research purposes. Additionally, a report outlining the impact of this prohibition on different Homeland Security divisions must be submitted within 180 days of the bill's enactment.

Published

2025-03-10
Congress: 119
Session: 1
Chamber: HOUSE
Status: Engrossed in House
Date: 2025-03-10
Package ID: BILLS-119hr1166eh

Bill Statistics

Size

Sections:
2
Words:
875
Pages:
6
Sentences:
27

Language

Nouns: 288
Verbs: 60
Adjectives: 24
Adverbs: 6
Numbers: 41
Entities: 93

Complexity

Average Token Length:
4.23
Average Sentence Length:
32.41
Token Entropy:
4.89
Readability (ARI):
17.94

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Decoupling from Foreign Adversarial Battery Dependence Act," seeks to limit the Department of Homeland Security (DHS) from purchasing certain foreign-made batteries. Effective from October 1, 2027, the bill prohibits the use of DHS funds to procure batteries produced by entities linked to potential security concerns, primarily focusing on several Chinese manufacturers. The act also allows for specific exceptions, such as for national security or research purposes, and includes a requirement for congressional notification following any granted waivers. Additionally, the Secretary of Homeland Security must report on the impacts of this prohibition on the department's operations and costs.

Summary of Significant Issues

A crucial concern raised by this bill is the potential restriction of battery suppliers for the DHS, which may lead to increased costs or reduced quality of options available. The entities listed in the bill include some of the world's largest and most influential battery manufacturers, such as Contemporary Amperex Technology Co. Limited (CATL) and BYD Company Limited. As such, the bill could pose substantial logistical challenges for existing procurement and supply chains within the DHS.

There are also concerns about the complexity of determining whether a battery is "produced by" a prohibited entity. Specifically, the challenge arises from the need to ascertain if the majority of a battery's components are sourced from the entities specified, potentially leading to enforcement inconsistencies.

The waiver provision for research purposes presents another potential issue, as it could be exploited to circumvent the prohibition. The retrospective nature of the requirement for congressional notification after a waiver has been granted further amplifies the risk of insufficient oversight and accountability. Lastly, the requirement for a report from the Secretary of Homeland Security provides a mechanism for accountability, but questions remain regarding the sufficiency of advance planning to assess the broader impacts of the prohibition on the DHS.

Impact on the Public and Specific Stakeholders

Broadly, the bill reflects an ongoing effort to strengthen national security by reducing reliance on foreign technology, particularly from entities linked to concerns over forced labor and military connections. For the public, this focus on national security may offer increased protection against potential risks associated with foreign-made batteries. However, this could come at the cost of increased expenses for the DHS, which might translate into higher operational costs that can ultimately affect taxpayers.

For specific stakeholders, the impact varies. The DHS could face operational challenges as it adjusts to new supply constraints and attempts to identify alternative battery sources. This adjustment might necessitate additional resources and time to ensure compliance with the new mandates. U.S. battery manufacturers could benefit positively, as the bill potentially creates opportunities for domestic companies to fill the supply gap left by foreign entities.

On the other hand, the foreign entities targeted by this bill, most of which are leading global manufacturers, may experience decreased sales and loss of market share in the U.S., potentially influencing their international business strategies.

In conclusion, this bill signifies a strategic shift towards minimizing dependency on foreign-made batteries, prioritizing national security concerns. However, it raises substantial issues about supply chain disruptions and the broader economic and operational impacts on the DHS and other stakeholders. Careful implementation and oversight will be essential to balance these considerations effectively.

Issues

  • The prohibition on procuring batteries from certain entities (Section 2) could limit the Department of Homeland Security's (DHS) options for battery suppliers, potentially leading to higher costs or lower quality options. This is a significant concern as it may impact the financial efficiency and operational capabilities of the DHS.

  • The list of prohibited entities (Section 2, subsection b) includes major global battery manufacturers like CATL and BYD, which could disrupt existing procurement processes and supply chains, leading to logistical challenges for the DHS.

  • The complexity of determining whether a battery is 'produced by' a prohibited entity (Section 2, subsection c) could lead to ambiguities or inconsistencies in enforcement. For example, determining if a majority of components are provided by a prohibited entity could be challenging and lead to enforcement difficulties.

  • The waiver provision for research purposes (Section 2, subsection d(2)) could be exploited as a loophole if not carefully monitored, potentially allowing for circumvention of the prohibition. This poses an ethical and operational risk as it could undermine the intent of the bill.

  • The requirement for congressional notification only after a waiver has been granted (Section 2, subsection d(3)) means that oversight occurs retrospectively, which might not prevent questionable waivers from being implemented. This could lead to insufficient oversight and accountability in waiver issuance.

  • The report requirement (Section 2, subsection e) obligates the Secretary of Homeland Security to submit a report on the anticipated impacts of the prohibition. While this is a step towards accountability, it raises concerns about the sufficiency of advance planning and transparency in assessing how the prohibition will affect the DHS's mission and costs.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states its official title, which is the “Decoupling from Foreign Adversarial Battery Dependence Act”.

2. Prohibition on availability of funds for procurement of certain batteries Read Opens in new tab

Summary AI

Beginning on October 1, 2027, the Department of Homeland Security is prohibited from using its funds to buy batteries from certain companies, mostly tied to China, unless exceptions are made for national security or research purposes. If exceptions are allowed, Congress must be notified, and a report on how this affects costs and missions across various Homeland Security divisions is required within 180 days of this law's enactment.