DECOUPLING FROM FOREIGN ADVERSARIAL BATTERY DEPENDENCE ACT

On 2025-03-10, Representative Carlos A. Gimenez (R-FL-28) delivered a floor speech titled "DECOUPLING FROM FOREIGN ADVERSARIAL BATTERY DEPENDENCE ACT" in the House. The speech addressed immigration and also covered taxes, the environment. It referenced legislation: HR1166.

DECOUPLING FROM FOREIGN ADVERSARIAL BATTERY DEPENDENCE ACT

Congressional Record, Volume 171 Issue 44 (Monday, March 10, 2025) [Congressional Record Volume 171, Number 44 (Monday, March 10, 2025)] [House] [Pages H1053-H1054] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] DECOUPLING FROM FOREIGN ADVERSARIAL BATTERY DEPENDENCE ACT Mr. GREEN of Tennessee. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1166) to prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 1166 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Decoupling from Foreign Adversarial Battery Dependence Act''. SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF CERTAIN BATTERIES. (a) In General.--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). (b) Entities Specified.--The entities specified in this subsection are the following: (1) Contemporary Amperex Technology Company, Limited (also known as ``CATL''). (2) BYD Company, Limited. (3) Envision Energy, Limited. (4) EVE Energy Company, Limited. (5) Gotion High tech Company, Limited. (6) 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''). (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). [[Page H1054]] (9) 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). (c) Treatment of Production.--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 (2) creates or otherwise provides a majority of the components used in such battery. (d) Waivers.-- (1) Relating to assessment.--The Secretary of Homeland Security may waive the prohibition 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. (B) There is no available alternative to procure batteries that are-- (i) of similar or better cost and quality; and (ii) produced by an entity not specified in subsection (b). (2) Relating to research.--The Secretary of Homeland Security may waive the prohibition 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. (3) Congressional notification.--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. (e) Report.--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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Tennessee (Mr. Green) and the gentleman from California (Mr. Correa) each will control 20 minutes. The Chair recognizes the gentleman from Tennessee. General Leave Mr. GREEN of Tennessee. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 1166. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Tennessee? There was no objection. Mr. GREEN of Tennessee. Mr. Speaker, I yield myself such time as I may consume. I rise today in strong support of H.R. 1166, the Decoupling from Foreign Adversarial Battery Dependence Act. Our world continues to be incredibly reliant on battery technology. Currently, the People's Republic of China produces the vast majority of the world's batteries. Dependence on batteries that are largely manufactured in an adversarial nation presents a serious risk to national security. H.R. 1166 will prohibit DHS from procuring battery technology from companies with known ties to the Chinese Communist Party. Mr. Speaker, I commend my colleague from Florida, Mr. Gimenez, for his strong work to address this issue, and I reserve the balance of my time. Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume. My fellow Democrats and I strongly support the intent of this bill, which is to confront our global adversaries and build up an industrial manufacturing base here at home in the United States. We can't give the Communist Party of China any opportunity to undermine our homeland security, and I support the goal of this legislation to prohibit DHS from buying batteries from certain Chinese companies. Due to a Democratic amendment to this bill in the last Congress, this prohibition was expanded to include any company using Uyghur forced labor or companies identified by the Secretary of Defense as Chinese military companies and those companies engaged in activities contrary to U.S. national security or foreign policy interests against the United States, according to the Department of Commerce. This bill also includes Democratic language requiring DHS to produce a report on the potential impacts and costs associated with carrying out the intent of this legislation before it becomes effective. That report will help the DHS and Congress manage any unanticipated negative consequences of this legislation. Mr. Speaker, I reserve the balance of my time. Mr. GREEN of Tennessee. Mr. Speaker, I yield such time as he may consume to the gentleman from Florida (Mr. Gimenez). Mr. GIMENEZ. Mr. Speaker, I rise today in support of H.R. 1166, the Decoupling from Foreign Adversarial Battery Dependence Act. As Communist China seeks to gain influence in critical industries around the world, the United States must be at the forefront of combating and decoupling from the CCP. This includes battery technology. As we become more and more dependent on battery technology, we need to ensure that these batteries are sourced from nonadversarial countries. As it stands, Communist China produces approximately 80 percent of the world's batteries and roughly 70 percent of the world's lithium ion batteries. This dependence puts U.S. supply chains at risk and threatens our national security. Our government should not be spending tax dollars to procure batteries from companies that profit from slave labor or provide another avenue for the CCP to expand their surveillance apparatus here in the United States. As an agency tasked with protecting the homeland, the Department of Homeland Security should not be procuring batteries from a geopolitical adversary. H.R. 1166, the Decoupling from Foreign Adversarial Battery Dependence Act, is a critical first step in addressing this issue. Modeled after previous provisions included in the FY 2024 NDAA, my legislation builds off of these efforts and prohibits the Department of Homeland Security from procuring batteries from companies that have deep ties to the CCP and engage in human rights abuses. H.R. 1166 helps our Nation take a step forward in advancing our efforts to decouple from the PRC and safeguard critical supply chains from exploitation. I am proud that this bill passed out of the Committee on Homeland Security in a bipartisan manner last Congress and was passed on the House floor. I look forward to seeing it pass and becoming law in the 119th Congress. Mr. Speaker, I urge all of my colleagues to vote ``yes.'' Mr. CORREA. Mr. Speaker, I yield myself the balance of my time. Before I close, Mr. Speaker, I will note that, in the last Congress, the Senate made further improvements to this measure not reflected in this bill today. I support advancing H.R. 1166 today so that the Senate can continue to work on this measure. I also thank Mr. Gimenez for this legislation. Mr. Speaker, I yield back the balance of my time. Mr. GREEN of Tennessee. Mr. Speaker, I yield myself the balance of my time. I again urge my colleagues to support H.R. 1166, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Tennessee (Mr. Green) that the House suspend the rules and pass the bill, H.R. 1166. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed. A motion to reconsider was laid on the table. ____________________

Referenced legislation: HR1166, HR1166