I 
117TH CONGRESS 
1ST SESSION H. R. 5635 
To provide for the establishment of an interagency working group to combat 
the theft of United States intellectual property, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2021 
Ms. HOULAHAN (for herself and Ms. MALLIOTAKIS) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide for the establishment of an interagency working 
group to combat the theft of United States intellectual 
property, 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 ‘‘Intellectual Property 
Violators Accountability and Transparency Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States global leadership position 
has benefitted immeasurably from the public and 
private sector’s unparalleled track record of fostering 
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an environment capable of marshaling capital, devel-
oping new technologies, and producing new innova-
tions; 
(2) the changing nature of the world economy, 
with ever more globalization and increasing returns 
to scale on new technologies, has made it more im-
portant than ever to stay on the cutting edge of the 
technological frontier; 
(3) the People’s Republic of China continues to 
be a leading violator of intellectual property rights in 
the world as documented by the United States Trade 
Representative’s 2021 Special 301 Report, and esti-
mates place the cost of intellectual property theft by 
China of between $200 and $600 billion per year; 
(4) the growing scope of research dollars per in-
novative discovery make the harms and costs of in-
tellectual property theft more acute now than any 
time in history; 
(5) the importance of protecting the intellectual 
property of United States technology and tele-
communications firms is of paramount importance 
to the dynamism and resilience of the United States 
economy and the preservation of United States na-
tional security; and 
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(6) United States national security is threat-
ened by widespread intellectual property theft, and it 
is crucial that the United States Government, in co-
ordination with the private sector, act to curtail 
thieves of American ingenuity. 
SEC. 3. WORKING GROUP ON UNITED STATES INTELLEC-
TUAL PROPERTY PROTECTION. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of this Act, the President shall 
establish an interagency working group— 
(1) to combat the theft of United States intel-
lectual property; and 
(2) examine how the tools and levers of foreign 
policy, including the use of existing authorities, can 
be used to protect United States intellectual prop-
erty. 
(b) MEMBERSHIP; CHAIRPERSON.—The interagency 
working group established pursuant to subsection (a) 
shall— 
(1) be composed of the head or designee of each 
Federal department or agency that the President de-
termines to be appropriate; and 
(2) be chaired by the Secretary of State or the 
Secretary’s designee. 
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SEC. 4. REPORT. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of State, 
in consultation with the interagency working group estab-
lished pursuant to section 3(a), shall submit to the Com-
mittee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate 
a report that includes the following: 
(1) An identification of major foreign state-in-
fluenced or state-owned enterprises that the Sec-
retary credibly determines have engaged in or bene-
fitted from significant acts or series of acts of intel-
lectual property theft against United States persons. 
(2) An identification of the markets in which 
such foreign enterprises sell products or services 
that incorporate or are derived from stolen United 
States intellectual property. 
(3) A determination of whether the actions 
taken by such foreign enterprises have resulted in 
enforcement actions, and if they have not, an anal-
ysis of whether there are gaps in the enforcement 
framework or other rationale for the lack of enforce-
ment actions in these cases. 
(4) Any proposed new authorities Congress 
could provide to the President to combat intellectual 
property theft by such foreign enterprises. 
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(b) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
Æ 
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