I 
117TH CONGRESS 
2D SESSION 
H. R. 8636 
To counter the military-civil fusion strategy of the Chinese Communist Party 
and prevent United States contributions to the development of dual- 
use technology in China. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2022 
Mr. BANKS introduced the following bill; which was referred to the Committee 
on Armed Services, and in addition to the Committees on Science, Space, 
and Technology, Energy and Commerce, and Education and Labor, 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 com-
mittee concerned 
A BILL 
To counter the military-civil fusion strategy of the Chinese 
Communist Party and prevent United States contribu-
tions to the development of dual-use technology in China. 
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 ‘‘Preventing PLA Ac-
quisition of United States Technology Act of 2022’’. 
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SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRAT-
EGY OF THE CHINESE COMMUNIST PARTY. 
(a) DEFINITIONS.—In this section: 
(1) CHINESE ENTITY OF CONCERN.—The term 
‘‘Chinese entity of concern’’ means— 
(A) any college or university in the Peo-
ple’s Republic of China that is determined by 
the Secretary of Defense to be involved in the 
implementation of the military-civil fusion strat-
egy, including— 
(i) any college or university known as 
the ‘‘Seven Sons of National Defense’’; 
(ii) any college or university that re-
ceives funding from— 
(I) the People’s Liberation Army; 
or 
(II) the Equipment Development 
Department, or the Science and Tech-
nology Commission, of the Central 
Military Commission; 
(iii) any college or university in the 
People’s Republic of China involved in 
military training and education, including 
any such college or university in partner-
ship with the People’s Liberation Army; 
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(iv) any college or university in the 
People’s Republic of China that conducts 
military research or hosts dedicated mili-
tary initiatives or laboratories, including 
such a college or university designated 
under the ‘‘double first-class university 
plan’’; 
(v) any college or university in the 
People’s Republic of China that is des-
ignated by the State Administration for 
Science, Technology, and Industry for the 
National Defense to host ‘‘joint construc-
tion’’ programs; 
(vi) any college or university in the 
People’s Republic of China that has 
launched a platform for military-civil fu-
sion or created national defense labora-
tories; and 
(vii) any college or university in the 
People’s Republic of China that conducts 
research or hosts dedicated initiatives or 
laboratories for any other related security 
entity beyond the People’s Liberation 
Army, including the People’s Armed Po-
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lice, the Ministry of Public Security, and 
the Ministry of State Security; 
(B) any enterprise for which the majority 
shareholder or ultimate parent entity is the 
Government of the People’s Republic of China 
at any level of that government; 
(C) any privately owned company in the 
People’s Republic of China— 
(i) that has received a military pro-
duction license, such as the Weapons and 
Equipment Research and Production Cer-
tificate, the Equipment Manufacturing 
Unit Qualification, the Weapons and 
Equipment Quality Management System 
Certificate, or the Weapons and Equip-
ment Research and Production Unit Clas-
sified Qualification Permit; 
(ii) that is otherwise known to have 
set up mechanisms for engaging in activity 
in support of military initiatives; 
(iii) that has a history of subcon-
tracting for the People’s Liberation Army 
or its affiliates; 
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(iv) that is participating in, or receiv-
ing benefits under, a military-civil fusion 
demonstration base; or 
(v) that has an owner, director, or a 
senior management official who has served 
as a delegate to the National People’s Con-
gress, a member of the Chinese People’s 
Political Consultative Conference, or a 
member of the Central Committee of the 
Chinese Communist Party; and 
(D) any entity that— 
(i) is identified by the Secretary of 
Defense under section 1260H(a) of the 
William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 
2021 (10 U.S.C. 113 note) as a Chinese 
military company; and 
(ii) is included in the Non-SDN Chi-
nese Military-Industrial Complex Compa-
nies List published by the Department of 
the Treasury. 
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means— 
(A) any Federal agency that engages in re-
search or provides funding for research, includ-
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ing the National Science Foundation and the 
National Institutes of Health; 
(B) any institution of higher education, or 
any other private research institution, that re-
ceives any Federal financial assistance; and 
(C) any private company headquartered in 
the United States that receives Federal finan-
cial assistance. 
(3) FEDERAL
FINANCIAL
ASSISTANCE.—The 
term ‘‘Federal financial assistance’’ has the meaning 
given the term in section 200.1 of title 2, Code of 
Federal Regulations (or successor regulations). 
(4) MILITARY-CIVIL
FUSION
STRATEGY.—The 
term ‘‘military-civil fusion strategy’’ means the 
strategy of the Chinese Communist Party aiming to 
mobilize non-military resources and expertise for 
military application, including the development of 
technology, improvements in logistics, and other uses 
by the People’s Liberation Army. 
(b) PROHIBITIONS.— 
(1) IN GENERAL.—No covered entity may en-
gage with a Chinese entity of concern in any sci-
entific research or technical exchange that has a di-
rect bearing on, or the potential for dual use in, the 
development of technologies that the Chinese Com-
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munist Party has identified as a priority of its na-
tional strategy of military-civil fusion and that are 
listed on the website under subsection (c)(1)(A). 
(2) PRIVATE PARTNERSHIPS.—No covered enti-
ty described in subsection (a)(2)(C) may form a 
partnership or joint venture with another such cov-
ered entity for the purpose of engaging in any sci-
entific research or technical exchange described in 
paragraph (1). 
(c) WEBSITE.— 
(1) IN GENERAL.—The Secretary of Defense, in 
consultation with the Secretary of State, the Direc-
tor of National Intelligence, the Director of the Fed-
eral Bureau of Investigation, the Secretary of En-
ergy, the Secretary of Education, the Secretary of 
the Treasury, and the Secretary of Commerce, shall 
establish, and periodically update not less than twice 
a year, a website that includes— 
(A) a list of the specific areas of scientific 
research or technical exchange for which the 
prohibitions under subsection (b) apply, which 
shall initially include some or all aspects of the 
fields of quantum computing, photonics and la-
sers, robotics, big data analytics, semiconduc-
tors, new and advanced materials, biotechnology 
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(including synthetic biology and genetic engi-
neering), 5G and all future generations of tele-
communications, advanced nuclear technology 
(including nuclear power and energy storage), 
aerospace technology, and artificial intelligence; 
and 
(B) to the extent practicable, a list of all 
Chinese entities of concern. 
(2) LIST OF SPECIFIC AREAS.—In developing 
the list under paragraph (1)(A), the Secretary of 
Defense shall monitor and consider the fields identi-
fied by the State Administration for Science, Tech-
nology, and Industry for the National Defense of the 
People’s Republic of China as defense-relevant and 
consider, including the more than 280 fields of study 
designated as of the date of enactment of this Act, 
and any others designated thereafter, as disciplines 
with national defense characteristics that have the 
potential to support military-civil fusion. 
(3) RESOURCES.—In establishing the website 
under paragraph (1), the Secretary of Defense may 
use as a model any existing resources, such as the 
China Defense Universities Tracker maintained by 
the Australian Strategic Policy Institute, subject to 
any other laws applicable to such resources. 
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(d) EXCEPTION.—The prohibitions under subsection 
(b) shall not apply to any collaborative study or research 
project in fields involving information that would not con-
tribute substantially to the goals of the military-civil fu-
sion strategy, as determined by regulations issued by the 
Secretary of Defense. 
(e) ANNUAL REPORTING REQUIREMENTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, and Decem-
ber 31 of each year thereafter, each covered entity 
shall submit to the Secretary of Defense a report 
that discloses— 
(A) any research relationships the covered 
entity has with a Chinese entity of concern or 
has had during the previous year; 
(B) any research relationships the covered 
entity has considered with a Chinese entity of 
concern during the previous year and declined; 
and 
(C) any research relationships the covered 
entity has terminated with a Chinese entity of 
concern during the previous year because the 
relationship violates subsection (b) or as a re-
sult of related concerns. 
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(2) AUDIT.—The Secretary of Defense may 
enter into a contract with an independent entity to 
conduct an audit of any report submitted under 
paragraph (1) to ensure compliance with the re-
quirements of such paragraph. 
(f) ENFORCEMENT.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a covered entity described in sub-
paragraph (B) or (C) of subsection (a)(2) that vio-
lates a prohibition under subsection (b), or violates 
subsection (e), on or after the date of enactment of 
this Act shall be precluded from receiving any Fed-
eral financial assistance on or after the date of such 
violation. 
(2) REGULATIONS.—The Secretary of Defense, 
in consultation with the Secretary of State, the Di-
rector of National Intelligence, the Director of the 
Federal Bureau of Investigation, the Secretary of 
Energy, the Secretary of Education, the Secretary of 
the Treasury, and the Secretary of Commerce, 
shall— 
(A) promulgate regulations to enforce the 
prohibitions under subsection (b), the auditing 
requirements under subsection (e), and the re-
quirement under paragraph (1); and 
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