CHARGE Act

This bill prohibits importing energy storage systems with remote monitoring capabilities that are made by Chinese entities or those under Chinese Communist Party control. It requires U.S. Customs and Border Protection to issue enforcement regulations within 60 days, sets penalties of up to 5 years in prison and $250,000 per violating shipment, and mandates annual reports from the Commerce Secretary on such systems in the U.S. for six years.

Sec. 3, Prohibition: No one may import energy storage systems with remote monitoring capabilities if the technology is owned or licensed by any entity organized under Chinese law or under Chinese Communist Party control. The ban covers devices that can store and discharge electric current and have capabilities to observe, collect, analyze, or disrupt data from information technology or communication systems.

Sec. 3(b), Regulations: Within 60 days of enactment, the CBP Commissioner must issue regulations to identify and enforce the ban. Every 180 days after enactment, and then annually, the Commissioner must review whether to add more restrictions on such systems.

Sec. 3(c), Penalties: Knowingly violating the import ban results in up to 5 years in prison, a fine up to $250,000, or both, for each shipment containing at least one prohibited article.

Sec. 3(d), Annual Report: Within 180 days of enactment, the Commerce Secretary, with the Energy and Homeland Security Secretaries, must report to specific congressional committees on PRC-developed energy storage systems with remote monitoring in the U.S. The report may include a classified annex, and reporting ends after six years.