I 

117TH CONGRESS 

1ST SESSION H. R. 1131 

To control the export to the People’s Republic of China of certain technology 

and intellectual property important to the national interest of the United 

States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. GREEN of Tennessee introduced the following bill; which was referred to 

the Committee on Foreign Affairs, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To control the export to the People’s Republic of China 

of certain technology and intellectual property important 

to the national interest of the United States, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘China Technology 

5 Transfer Control Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CHINESE PERSON.—The term ‘‘Chinese 

2 person’’ means— 

3 (A) an individual who is a citizen or na4 tional of the People’s Republic of China; or 

5 (B) an entity organized under the laws of 

6 the People’s Republic of China or otherwise 

7 subject to the jurisdiction of the Government of 

8 the People’s Republic of China. 

9 (2) COVERED NATIONAL INTEREST TECH10 NOLOGY OR INTELLECTUAL PROPERTY.—The term 

11 ‘‘covered national interest technology or intellectual 

12 property’’ includes the following: 

13 (A) Technology or intellectual property 

14 that would make a significant contribution to 

15 the military potential of the People’s Republic 

16 of China that would prove detrimental to the 

17 national security of the United States. 

18 (B) Technology or intellectual property 

19 that is a component of the production of prod20 ucts included in the most recent list required 

21 under section 183 of the Trade Act of 1974, as 

22 added by section 6(a), determined in consulta23 tion with the United States Trade Representa24 tive. 


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1 (C) Technology used by the Government of 

2 the People’s Republic of China to carry out vio3 lations of human rights or religious liberties. 

4 (3) FOREIGN PERSON.—The term ‘‘foreign per5 son’’ means any person that is not a United States 

6 person. 

7 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 

8 respect to conduct, a circumstance, or a result, 

9 means that a person has actual knowledge, or should 

10 have known, of the conduct, the circumstance, or the 

11 result. 

12 (5) INTELLECTUAL PROPERTY.—The term ‘‘in13 tellectual property’’ means— 

14 (A) any work protected by a copyright 

15 under title 17, United States Code; 

16 (B) any property protected by a patent 

17 granted by the United States Patent and 

18 Trademark Office under title 35, United States 

19 Code; 

20 (C) any word, name, symbol, or device, or 

21 any combination thereof, that is registered as a 

22 trademark with the United States Patent and 

23 Trademark Office under the Act entitled ‘‘An 

24 Act to provide for the registration and protec25 tion of trademarks used in commerce, to carry 


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1 out the provisions of certain international con2 ventions, and for other purposes’’, approved 

3 July 5, 1946 (commonly known as the 

4 ‘‘Lanham Act’’ or the ‘‘Trademark Act of 

5 1946’’) (15 U.S.C. 1051 et seq.); 

6 (D) a trade secret (as defined in section 

7 1839 of title 18, United States Code); or 

8 (E) any other form of intellectual property. 

9 (6) TECHNOLOGY.—The term ‘‘technology’’ in10 cludes goods or services relating to information sys11 tems, internet-based services, production-enhancing 

12 logistics, robotics, artificial intelligence, bio13 technology, or computing. 

14 (7) UNITED STATES PERSON.—The term 

15 ‘‘United States person’’ means— 

16 (A) a United States citizen or an alien law17 fully admitted for permanent residence to the 

18 United States; or 

19 (B) an entity organized under the laws of 

20 the United States or of any jurisdiction within 

21 the United States, including a foreign branch of 

22 such an entity. 

23 SEC. 3. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


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1 (1) while the United States is committed to 

2 promoting cultural and technological exchange with 

3 other countries, it is our responsibility to protect the 

4 United States when channels for such exchange are 

5 exploited by adversaries; and 

6 (2) the People’s Republic of China consistently 

7 seeks to exploit those channels, not only in its theft 

8 of intellectual property but also in its manipulation 

9 of lawful transfer and uses of technology in ways 

10 that directly support its military objectives and 

11 threaten the United States. 

12 SEC. 4. CONTROL OF EXPORT OF COVERED NATIONAL IN13 TEREST TECHNOLOGY AND INTELLECTUAL 

14 PROPERTY TO PEOPLE’S REPUBLIC OF 

15 CHINA. 

16 (a) IN GENERAL.—On and after the date that is 180 

17 days after the date of the enactment of this Act, the Presi18 dent shall control the export or re-export to, or transfer 

19 in, the People’s Republic of China of any covered national 

20 interest technology or intellectual property subject to the 

21 jurisdiction of the United States or exported by any 

22 United States person. 

23 (b) REPORT REQUIRED.—Not later than 90 days 

24 after the date of the enactment of this Act, the Secretary 

25 of State and the Secretary of Commerce shall jointly subVerDate Sep 11 2014 20:00 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1131.IH H1131

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1 mit to Congress a report assessing whether covered na2 tional interest technology or intellectual property should 

3 be controlled as required by subsection (a) under— 

4 (1) the International Traffic in Arms Regula5 tions under subchapter M of chapter I of title 22, 

6 Code of Federal Regulations; or 

7 (2) the Export Administration Regulations 

8 under subchapter C of chapter VII of title 15, Code 

9 of Federal Regulations. 

10 (c) REGULATIONS.—Not later than 180 days after 

11 the date of the enactment of this Act, the President shall 

12 prescribe such regulations as are necessary to carry out 

13 subsection (a). 

14 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO PRO15 VISION TO OR PURCHASE FROM PEOPLE’S 

16 REPUBLIC OF CHINA OF COVERED NATIONAL 

17 INTEREST TECHNOLOGY AND INTELLECTUAL 

18 PROPERTY. 

19 (a) IN GENERAL.—The President shall, pursuant to 

20 the International Emergency Economic Powers Act (50 

21 U.S.C. 1701 et seq.), block and prohibit all transactions 

22 in all property and interests in property of a person de23 scribed in subsection (b) if such property and interests in 

24 property are in the United States, come within the United 


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1 States, or are or come within the possession or control 

2 of a United States person. 

3 (b) PERSONS DESCRIBED.—A person described in 

4 this subsection is— 

5 (1) a foreign person that, on or after the date 

6 of the enactment of this Act, knowingly sells or oth7 erwise provides to, or knowingly purchases from, the 

8 People’s Republic of China any covered national in9 terest technology or intellectual property subject to 

10 the jurisdiction of the United States; or 

11 (2) a Chinese person that, on or after such date 

12 of enactment, knowingly uses covered national inter13 est technology or intellectual property provided to 

14 the Chinese person in violation of section 4 or any 

15 other export control law of the United States. 

16 (c) EXCEPTION RELATING TO IMPORTATION OF

17 GOODS.— 

18 (1) IN GENERAL.—The requirement to block 

19 and prohibit all transactions in all property and in20 terests in property under subsection (a) shall not in21 clude the authority to impose sanctions on the im22 portation of goods. 

23 (2) GOOD DEFINED.—In this subsection, the 

24 term ‘‘good’’ means any article, natural or man25 made substance, material, supply or manufactured 


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1 product, including inspection and test equipment, 

2 and excluding technical data. 

3 (d) WAIVER.—The President may waive the imposi4 tion of sanctions under subsection (a) with respect to a 

5 person if the President determines and reports to Con6 gress that the waiver is in the national security interests 

7 of the United States. 

8 (e) IMPLEMENTATION; PENALTIES.— 

9 (1) IMPLEMENTATION.—The President may ex10 ercise all authorities provided under sections 203 

11 and 205 of the International Emergency Economic 

12 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

13 this section. 

14 (2) PENALTIES.—A person that violates, at15 tempts to violate, conspires to violate, or causes a 

16 violation of subsection (a) or any regulation, license, 

17 or order issued to carry out that subsection shall be 

18 subject to the penalties set forth in subsections (b) 

19 and (c) of section 206 of the International Emer20 gency Economic Powers Act (50 U.S.C. 1705) to the 

21 same extent as a person that commits an unlawful 

22 act described in subsection (a) of that section. 

23 (3) INAPPLICABILITY OF NATIONAL EMER24 GENCY REQUIREMENT.—The requirements of section 

25 202 of the International Emergency Economic PowVerDate Sep 11 2014 20:00 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1131.IH H1131

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1 ers Act (50 U.S.C. 1701) shall not apply for pur2 poses of this section. 

3 SEC. 6. ESTABLISHMENT OF LIST OF CERTAIN PRODUCTS 

4 RECEIVING SUPPORT FROM GOVERNMENT 

5 OF PEOPLE’S REPUBLIC OF CHINA OR USED 

6 BY THAT GOVERNMENT FOR HUMAN RIGHTS 

7 VIOLATIONS. 

8 (a) IN GENERAL.—Chapter 8 of title I of the Trade 

9 Act of 1974 (19 U.S.C. 2241 et seq.) is amended by add10 ing at the end the following: 

11 ‘‘SEC. 183. LIST OF CERTAIN PRODUCTS RECEIVING SUP12 PORT FROM GOVERNMENT OF PEOPLE’S RE13 PUBLIC OF CHINA OR USED BY THAT GOV14 ERNMENT FOR HUMAN RIGHTS VIOLATIONS. 

15 ‘‘(a) IN GENERAL.—Not later than 120 days after 

16 the date of the enactment of the China Technology Trans17 fer Control Act of 2021, and annually thereafter, the 

18 United States Trade Representative shall set forth a list 

19 of products manufactured or produced in, or exported 

20 from, the People’s Republic of China that are determined 

21 by— 

22 ‘‘(1) the Trade Representative— 

23 ‘‘(A) to receive support from the Govern24 ment of the People’s Republic of China pursuVerDate Sep 11 2014 20:00 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1131.IH H1131

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1 ant to the Made in China 2025 Industrial policy 

2 of that Government; or 

3 ‘‘(B) to otherwise receive support from 

4 that Government and that have or will in the 

5 future displace net exports of like products by 

6 the United States; or 

7 ‘‘(2) the Secretary of State to be used by the 

8 Government of the People’s Republic of China to 

9 carry out violations of human rights or religious lib10 erties. 

11 ‘‘(b) IDENTIFICATION OF PRODUCTS RECEIVING

12 SUPPORT PURSUANT TO MADE IN CHINA 2025 POLICY.— 

13 ‘‘(1) IN GENERAL.—The Trade Representative 

14 shall include in the list under subsection (a)(1)(A) 

15 any product specified in the following documents set 

16 forth by the Government of the People’s Republic of 

17 China: 

18 ‘‘(A) Notice on Issuing Made in China 

19 2025. 

20 ‘‘(B) China Manufacturing 2025. 

21 ‘‘(C) Notice on Issuing the 13th Five-year 

22 National Strategic Emerging Industries Devel23 opment Plan. 


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1 ‘‘(D) Guiding Opinion on Promoting Inter2 national Industrial Capacity and Equipment 

3 Manufacturing Cooperation. 

4 ‘‘(E) Any other document that expresses a 

5 national strategy or stated goal in connection 

6 with the Made in China 2025 industrial policy 

7 set forth by the Government of the People’s Re8 public of China, the Communist Party of China, 

9 or another entity or individual capable of im10 pacting the national strategy of the People’s 

11 Republic of China. 

12 ‘‘(2) INCLUDED PRODUCTS.—In addition to 

13 such products as the Trade Representative shall in14 clude pursuant to paragraph (1) in the list under 

15 subsection (a)(1)(A), the Trade Representative shall 

16 include products in the following industries: 

17 ‘‘(A) Civil aircraft. 

18 ‘‘(B) Turbine engines. 

19 ‘‘(C) Motor car and vehicle. 

20 ‘‘(D) Advanced medical equipment. 

21 ‘‘(E) Advanced construction equipment. 

22 ‘‘(F) Agricultural machinery. 

23 ‘‘(G) Railway equipment. 

24 ‘‘(H) Diesel locomotive. 

25 ‘‘(I) Moving freight. 


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1 ‘‘(J) Semiconductor. 

2 ‘‘(K) Lithium battery manufacturing. 

3 ‘‘(L) Artificial intelligence. 

4 ‘‘(M) High-capacity computing. 

5 ‘‘(N) Quantum computing. 

6 ‘‘(O) Robotics. 

7 ‘‘(P) Biotechnology.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 for the Trade Act of 1974 is amended by inserting after 

10 the item relating to section 182 the following: 

‘‘Sec. 183. List of certain products receiving support from Government of People’s Republic of China or used by that Government for human 

rights violations.’’. 

Æ 


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