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 says that starting in a few years, the people in charge of keeping the country safe won’t be allowed to buy batteries from certain countries, like China, unless there’s no other choice, to make sure there's no risk and everything is safe.
Summary AI
H. R. 1166, titled the “Decoupling from Foreign Adversarial Battery Dependence Act,” aims to stop the U.S. Department of Homeland Security (DHS) from buying batteries starting October 1, 2027, if they are made by certain foreign companies, mainly Chinese ones like CATL and BYD. The bill lists specific companies and also allows DHS to request waivers if there are no security risks and no alternatives for the batteries. It requires the DHS Secretary to inform Congress if a waiver is granted and report on how this change might impact costs and tasks within DHS. The bill passed the House on March 10, 2025, and was sent to the Senate.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Overview of the Bill
The proposed legislation, titled the "Decoupling from Foreign Adversarial Battery Dependence Act," addresses the Department of Homeland Security's (DHS) funding restrictions for battery procurement. Starting on October 1, 2027, DHS will be prohibited from purchasing batteries from a list of specified foreign entities, many of which are prominent Chinese companies. This legislation aims to reduce dependency on foreign manufacturers deemed adversarial and could potentially pose risks to national security. However, there is room for exceptions, especially for batteries connected to national security needs or for research purposes. In such instances, Congress must receive notification post-waiver, and the DHS is required to report on the potential impacts of these restrictions within 180 days of the law’s enactment.
Significant Issues
Limited Supplier Options: One of the major concerns with this bill is the potential limitation it places on DHS's ability to procure batteries. With many large and influential battery manufacturers being prohibited, DHS could face challenges in securing quality and cost-effective batteries.
Disruption to Procurement Processes: The specified list of prohibited entities could drastically disrupt existing supply chains within DHS. This disruption might compromise the agency's strategic operations and preparedness, particularly if suitable alternatives are unavailable.
Complexity in Enforcement: Determining whether a battery falls under the prohibition could be intricate. The bill requires that an entity be responsible for either assembling the final product or providing the majority components, complicating enforcement efforts and potentially leading to legal disputes.
Waiver Provisions as Potential Loopholes: The option to waive the prohibition for research purposes, if not closely monitored, might serve as a loophole. This could allow the original intent of the legislation—decreasing dependency on foreign entities—to be undermined.
Retrospective Oversight Issues: The requirement of notifying Congress after a waiver has been granted means oversight is retrospective. This could limit Congress's ability to prevent potentially questionable waivers in advance, impacting accountability.
Impact on the Public and Stakeholders
In a broad sense, this legislation seeks to protect national security by reducing reliance on certain foreign manufacturers. For the general public, this could mean increased security and less vulnerability in critical infrastructure. However, restricted supplier options might also lead to higher costs, which could translate into increased federal spending and potential inefficiencies in DHS operations.
For stakeholders directly involved, including DHS and its divisions, this bill presents both challenges and opportunities. On the one hand, divisions within DHS, such as U.S. Customs and Border Protection or the Transportation Security Administration, will need to navigate procurement challenges and possibly settle for higher costs or lesser quality alternatives. On the other hand, the bill urges domestic industries to increase production capacity and innovation, potentially stimulating local economic growth and reducing future dependencies.
Overall, navigating the balance between securing national interests and ensuring efficient governmental operation remains a critical discussion point as this legislation is considered. The potential changes underscore the importance of thoughtful and strategic implementation to minimize disruptions and maximize security benefits.
Issues
The prohibition on procuring batteries from certain entities could limit the Department of Homeland Security's (DHS) options for battery suppliers, potentially leading to higher costs or lower quality options. This is especially significant given the importance of reliable equipment for DHS operations. [Section 2]
The list of prohibited entities includes many large and influential battery manufacturers, which could significantly disrupt existing procurement processes and supply chains for DHS. This could affect strategic operations and preparedness. [Section 2(b)]
The complexity of determining whether a battery is 'produced by' a prohibited entity could lead to ambiguities or inconsistencies in enforcement. Specifically, the challenge lies in assessing if a majority of components are provided by a prohibited entity. This could result in legal disputes or delays in procurement. [Section 2(c)]
The waiver provision for research purposes could be seen as a loophole if not carefully monitored, potentially allowing for circumvention of the prohibition. This raises ethical and security concerns, as it may undermine the intent of reducing dependency on foreign entities. [Section 2(d)(2)]
The requirement for congressional notification only after a waiver has been granted means that oversight occurs retrospectively, which might not prevent questionable waivers from being implemented. This could reduce the effectiveness of legislative oversight and accountability. [Section 2(d)(3)]
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.