I 
118TH CONGRESS 
1ST SESSION H. R. 2594 
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 
APRIL 13, 2023 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘China Technology 
Transfer Control Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) CHINESE
PERSON.—The term ‘‘Chinese 
person’’ means— 
(A) an individual who is a citizen or na-
tional of the People’s Republic of China; or 
(B) an entity organized under the laws of 
the People’s Republic of China or otherwise 
subject to the jurisdiction of the Government of 
the People’s Republic of China. 
(2) COVERED
NATIONAL
INTEREST
TECH-
NOLOGY OR INTELLECTUAL PROPERTY.—The term 
‘‘covered national interest technology or intellectual 
property’’ includes the following: 
(A) Technology or intellectual property 
that would make a significant contribution to 
the military potential of the People’s Republic 
of China that would prove detrimental to the 
national security of the United States. 
(B) Technology or intellectual property 
that is a component of the production of prod-
ucts included in the most recent list required 
under section 183 of the Trade Act of 1974, as 
added by section 6(a), determined in consulta-
tion with the United States Trade Representa-
tive. 
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(C) Technology used by the Government of 
the People’s Republic of China to carry out vio-
lations of human rights or religious liberties. 
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means any person that is not a United States 
person. 
(4) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(5) INTELLECTUAL PROPERTY.—The term ‘‘in-
tellectual property’’ means— 
(A) any work protected by a copyright 
under title 17, United States Code; 
(B) any property protected by a patent 
granted by the United States Patent and 
Trademark Office under title 35, United States 
Code; 
(C) any word, name, symbol, or device, or 
any combination thereof, that is registered as a 
trademark with the United States Patent and 
Trademark Office under the Act entitled ‘‘An 
Act to provide for the registration and protec-
tion of trademarks used in commerce, to carry 
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out the provisions of certain international con-
ventions, and for other purposes’’, approved 
July 5, 1946 (commonly known as the 
‘‘Lanham Act’’ or the ‘‘Trademark Act of 
1946’’) (15 U.S.C. 1051 et seq.); 
(D) a trade secret (as defined in section 
1839 of title 18, United States Code); or 
(E) any other form of intellectual property. 
(6) TECHNOLOGY.—The term ‘‘technology’’ in-
cludes goods or services relating to information sys-
tems, internet-based services, production-enhancing 
logistics, 
robotics, 
artificial 
intelligence, 
bio-
technology, or computing. 
(7) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien law-
fully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States, including a foreign branch of 
such an entity. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) while the United States is committed to 
promoting cultural and technological exchange with 
other countries, it is our responsibility to protect the 
United States when channels for such exchange are 
exploited by adversaries; and 
(2) the People’s Republic of China consistently 
seeks to exploit those channels, not only in its theft 
of intellectual property but also in its manipulation 
of lawful transfer and uses of technology in ways 
that directly support its military objectives and 
threaten the United States. 
SEC. 4. CONTROL OF EXPORT OF COVERED NATIONAL IN-
TEREST TECHNOLOGY AND INTELLECTUAL 
PROPERTY 
TO 
PEOPLE’S 
REPUBLIC 
OF 
CHINA. 
(a) IN GENERAL.—On and after the date that is 180 
days after the date of the enactment of this Act, the Presi-
dent shall control the export or re-export to, or transfer 
in, the People’s Republic of China of any covered national 
interest technology or intellectual property subject to the 
jurisdiction of the United States or exported by any 
United States person. 
(b) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of State and the Secretary of Commerce shall jointly sub-
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mit to Congress a report assessing whether covered na-
tional interest technology or intellectual property should 
be controlled as required by subsection (a) under— 
(1) the International Traffic in Arms Regula-
tions under subchapter M of chapter I of title 22, 
Code of Federal Regulations; or 
(2) the Export Administration Regulations 
under subchapter C of chapter VII of title 15, Code 
of Federal Regulations. 
(c) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the President shall 
prescribe such regulations as are necessary to carry out 
subsection (a). 
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO PRO-
VISION TO OR PURCHASE FROM PEOPLE’S 
REPUBLIC OF CHINA OF COVERED NATIONAL 
INTEREST TECHNOLOGY AND INTELLECTUAL 
PROPERTY. 
(a) IN GENERAL.—The President shall, pursuant to 
the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), block and prohibit all transactions 
in all property and interests in property of a person de-
scribed in subsection (b) if such property and interests in 
property are in the United States, come within the United 
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States, or are or come within the possession or control 
of a United States person. 
(b) PERSONS DESCRIBED.—A person described in 
this subsection is— 
(1) a foreign person that, on or after the date 
of the enactment of this Act, knowingly sells or oth-
erwise provides to, or knowingly purchases from, the 
People’s Republic of China any covered national in-
terest technology or intellectual property subject to 
the jurisdiction of the United States; or 
(2) a Chinese person that, on or after such date 
of enactment, knowingly uses covered national inter-
est technology or intellectual property provided to 
the Chinese person in violation of section 4 or any 
other export control law of the United States. 
(c) EXCEPTION RELATING
TO IMPORTATION
OF 
GOODS.— 
(1) IN
GENERAL.—The requirement to block 
and prohibit all transactions in all property and in-
terests in property under subsection (a) shall not in-
clude the authority to impose sanctions on the im-
portation of goods. 
(2) GOOD
DEFINED.—In this subsection, the 
term ‘‘good’’ means any article, natural or man- 
made substance, material, supply or manufactured 
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product, including inspection and test equipment, 
and excluding technical data. 
(d) WAIVER.—The President may waive the imposi-
tion of sanctions under subsection (a) with respect to a 
person if the President determines and reports to Con-
gress that the waiver is in the national security interests 
of the United States. 
(e) IMPLEMENTATION; PENALTIES.— 
(1) IMPLEMENTATION.—The President may ex-
ercise all authorities provided under sections 203 
and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out 
this section. 
(2) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of subsection (a) or any regulation, license, 
or order issued to carry out that subsection shall be 
subject to the penalties set forth in subsections (b) 
and (c) of section 206 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1705) to the 
same extent as a person that commits an unlawful 
act described in subsection (a) of that section. 
(3) INAPPLICABILITY
OF
NATIONAL
EMER-
GENCY REQUIREMENT.—The requirements of section 
202 of the International Emergency Economic Pow-
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ers Act (50 U.S.C. 1701) shall not apply for pur-
poses of this section. 
SEC. 6. ESTABLISHMENT OF LIST OF CERTAIN PRODUCTS 
RECEIVING SUPPORT FROM GOVERNMENT 
OF PEOPLE’S REPUBLIC OF CHINA OR USED 
BY THAT GOVERNMENT FOR HUMAN RIGHTS 
VIOLATIONS. 
(a) IN GENERAL.—Chapter 8 of title I of the Trade 
Act of 1974 (19 U.S.C. 2241 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 183. LIST OF CERTAIN PRODUCTS RECEIVING SUP-
PORT FROM GOVERNMENT OF PEOPLE’S RE-
PUBLIC OF CHINA OR USED BY THAT GOV-
ERNMENT FOR HUMAN RIGHTS VIOLATIONS. 
‘‘(a) IN GENERAL.—Not later than 120 days after 
the date of the enactment of the China Technology Trans-
fer Control Act of 2023, and annually thereafter, the 
United States Trade Representative shall set forth a list 
of products manufactured or produced in, or exported 
from, the People’s Republic of China that are determined 
by— 
‘‘(1) the Trade Representative— 
‘‘(A) to receive support from the Govern-
ment of the People’s Republic of China pursu-
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‘‘(D) Guiding Opinion on Promoting Inter-
national Industrial Capacity and Equipment 
Manufacturing Cooperation. 
‘‘(E) Any other document that expresses a 
national strategy or stated goal in connection 
with the Made in China 2025 industrial policy 
set forth by the Government of the People’s Re-
public of China, the Communist Party of China, 
or another entity or individual capable of im-
pacting the national strategy of the People’s 
Republic of China. 
‘‘(2) INCLUDED
PRODUCTS.—In addition to 
such products as the Trade Representative shall in-
clude pursuant to paragraph (1) in the list under 
subsection (a)(1)(A), the Trade Representative shall 
include products in the following industries: 
‘‘(A) Civil aircraft. 
‘‘(B) Turbine engines. 
‘‘(C) Motor car and vehicle. 
‘‘(D) Advanced medical equipment. 
‘‘(E) Advanced construction equipment. 
‘‘(F) Agricultural machinery. 
‘‘(G) Railway equipment. 
‘‘(H) Diesel locomotive. 
‘‘(I) Moving freight. 
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‘‘(J) Semiconductor. 
‘‘(K) Lithium battery manufacturing. 
‘‘(L) Artificial intelligence. 
‘‘(M) High-capacity computing. 
‘‘(N) Quantum computing. 
‘‘(O) Robotics. 
‘‘(P) Biotechnology.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Trade Act of 1974 is amended by inserting after 
the item relating to section 182 the following: 
‘‘Sec. 183. List of certain products receiving support from Government of Peo-
ple’s Republic of China or used by that Government for human 
rights violations.’’. 
Æ 
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