Prohibition

(a) In general No person may import, or cause to be imported to the United States, any energy storage system containing remote monitoring capabilities manufactured with technology licensed or owned by— (1) any entity organized under the laws of the People’s Republic of China (PRC) or any jurisdiction within the PRC; or (2) any entity under the jurisdiction, control, authority, or oversight of the Chinese Communist Party (CCP). (b) Regulations (1) CBP enforcement Not later than 60 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall issue regulations to carry out this section, including by establishing mechanisms to allow U.S. Customs and Border Protection to identify products covered under such prohibition and enforce the prohibition. (2) Periodic review Not later than 180 days after enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall review and determine whether to impose additional restrictions concerning energy storage systems containing remote monitoring capabilities. (c) Penalties Whoever knowingly violates, or causes a violation of, the prohibition under subsection (a) shall be imprisoned for not more than 5 years, fined not more than $250,000, or both, for each shipment of imports that contains one or more such articles. (d) Annual report on implementation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Energy and the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on PRC-developed energy storage systems containing remote monitoring capabilities in the United States. (2) Form The report required under paragraph (1) may include a classified annex. (3) Termination The requirement to submit reports under paragraph (1) shall terminate on the date that is 6 years after the date of the enactment of this Act. (e) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Commerce, Science, & Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; (2) the term energy storage system means any device, module, or product that is capable of storing an electric current to discharge such current for use at a later time; and (3) the term remote monitoring capability means any device that is capable of observing, collecting, analyzing, and disrupting the data of any information technology, communication, or critical infrastructure system.