,i #aafth ,,congress #ast ,session ,h4 ,r4 #cecb ,,in ,,the ,,house ,,of ,,representatives ,june #bg1 #bjai,mr4 ,green of ,tennessee 7for himself1 ,mr4 ,cuellar1 ,mr4 ,biggs1 ,mr4 ,crawford1 ,mr4 ,diaz-,balart1 ,mr4 ,flores1 ,mr4 ,gaetz1 ,mr4 ,gallagher1 ,mr4 ,gibbs1 ,mr4 ,hagedorn1 ,mr4 ,hunter1 ,mr4 ,lamborn1 ,mrs4 ,luria1 ,mr4 ,riggleman1 ,mr4 ,stewart1 and ,mr4 ,espaillat7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,china ,technology ,transfer ,control ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,chinese person ,the term ,chinese person means-- 7,a7 an individual who is a citizen or national of the ,people's ,republic of ,china2 or 7,b7 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 ,china4 7#b7 ,covered national interest technology or intellectual property ,the term covered national interest technology or intellectual property includes the following3 7,a7 ,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 ,states4 7,b7 ,technology or intellectual property that is a component of the production of products included in the most recent list required under section #ahc of the ,trade ,act of #aigd1 as added by section #f7;a71 determined in consultation with the ,united ,states ,trade ,representative4 7,c7 ,technology used by the ,government of the ,people's ,republic of ,china to carry out violations of human rights or religious liberties4 7#c7 ,foreign person ,the term foreign person means any person that is not a ,united ,states person4 7#d7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#e7 ,intellectual property ,the term intellectual property means-- 7,a7 any work protected by a copyright under title #ag1 ,united ,states ,code2 7,b7 any property protected by a patent granted by the ,united ,states ,patent and ,trademark ,office under title #ce1 ,united ,states ,code2 7,c7 any word1 name1 symbol1 or device1 or any combination thereof1 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 protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7commonly known as the ,lanham ,act or the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #ajea et seq472 7,d7 a trade secret 7as defined in section #ahci of title #ah1 ,united ,states ,code72 or 7,e7 any other form of intellectual property4 7#f7 ,technology ,the term technology includes goods or services relating to information systems1 internet-based services1 production-enhancing logistics1 robotics1 artificial intelligence1 biotechnology1 or computing4 7#g7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 while the ,united ,states is committed to promoting cultural and technological exchange with other countries1 it is our responsibility to protect the ,united ,states when channels for such exchange are exploited by adversaries2 and 7#b7 the ,people's ,republic of ,china consistently seeks to exploit those channels1 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 ,states4 #d4 ,control of export of covered national interest technology and intellectual property to ,people's ,republic of ,china 7a7 ,in general ,on and after the date that is #ahj days after the date of the enactment of this ,act1 the ,president shall control the export or re-export to1 or transfer in1 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 person4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state and the ,secretary of ,commerce shall jointly submit to ,congress a report assessing whether covered national interest technology or intellectual property should be controlled as required by subsection 7a7 under-- 7#a7 the ,international ,traffic in ,arms ,regulations under subchapter ,m of chapter ,i of title #bb1 ,code of ,federal ,regulations2 or 7#b7 the ,export ,administration ,regulations under subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations4 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall prescribe such regulations as are necessary to carry out subsection 7a74 #e4 ,imposition of sanctions with respect to provision to or purchase from ,people's ,republic of ,china of covered national interest technology and intellectual property 7a7 ,in general ,the ,president shall1 pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 block and prohibit all transactions in all property and interests in property of a person described in subsection 7b7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7b7 ,persons described ,a person described in this subsection is-- 7#a7 a foreign person that1 on or after the date of the enactment of this ,act1 knowingly sells or otherwise provides to1 or knowingly purchases from1 the ,people's ,republic of ,china any covered national interest technology or intellectual property subject to the jurisdiction of the ,united ,states2 or 7#b7 a ,chinese person that1 on or after such date of enactment1 knowingly uses covered national interest technology or intellectual property provided to the ,chinese person in violation of section #d or any other export control law of the ,united ,states4 7c7 ,exception relating to importation of goods 7#a7 ,in general ,the requirement to block and prohibit all transactions in all property and interests in property under subsection 7a7 shall not include the authority to impose sanctions on the importation of goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7d7 ,waiver ,the ,president may waive the imposition of sanctions under subsection 7a7 with respect to a person if the ,president determines and reports to ,congress that the waiver is in the national security interests of the ,united ,states4 7e7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7#c7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this section4 #f4 ,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 7a7 ,in general ,chapter #h of title ,i of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbda et seq47 is amended by adding at the end the following3 #ahc4 ,list of certain products receiving support from ,government of ,people's ,republic of ,china or used by that ,government for human rights violations 7a7 ,in general ,not later than #abj days after the date of the enactment of the ,china ,technology ,transfer ,control ,act of #bjai1 and annually thereafter1 the ,united ,states ,trade ,representative shall set forth a list of products manufactured or produced in1 or exported from1 the ,people's ,republic of ,china that are determined by-- 7#a7 the ,trade ,representative-- 7,a7 to receive support from the ,government of the ,people's ,republic of ,china pursuant to the ,made in ,china #bjbe industrial policy of that ,government2 or 7,b7 to otherwise receive support from that ,government and that have or will in the future displace net exports of like products by the ,united ,states2 or 7#b7 the ,secretary of ,state to be used by the ,government of the ,people's ,republic of ,china to carry out violations of human rights or religious liberties4 7b7 ,identification of products receiving support pursuant to ,made in ,china #bjbe policy 7#a7 ,in general ,the ,trade ,representative shall include in the list under subsection 7a77#a77;,a7 any product specified in the following documents set forth by the ,government of the ,people's ,republic of ,china3 7,a7 ,notice on ,issuing ,made in ,china #bjbe4 7,b7 ,china ,manufacturing #bjbe4 7,c7 ,notice on ,issuing the #acth ,five-year ,national ,strategic ,emerging ,industries ,development ,plan4 7,d7 ,guiding ,opinion on ,promoting ,international ,industrial ,capacity and ,equipment ,manufacturing ,cooperation4 7,e7 ,any other document that expresses a national strategy or stated goal in connection with the ,made in ,china #bjbe industrial policy set forth by the ,government of the ,people's ,republic of ,china1 the ,communist ,party of ,china1 or another entity or individual capable of impacting the national strategy of the ,people's ,republic of ,china4 7#b7 ,included products ,in addition to such products as the ,trade ,representative shall include pursuant to paragraph 7#a7 in the list under subsection 7a77#a77;,a71 the ,trade ,representative shall include products in the following industries3 7,a7 ,civil aircraft4 7,b7 ,turbine engines4 7,c7 ,motor car and vehicle4 7,d7 ,advanced medical equipment4 7,e7 ,advanced construction equipment4 7,f7 ,agricultural machinery4 7,g7 ,railway equipment4 7,h7 ,diesel locomotive4 7,i7 ,moving freight4 7,j7 ,semiconductor4 7,k7 ,lithium battery manufacturing4 7,l7 ,artificial intelligence4 7,m7 ,high-capacity computing4 7,n7 ,quantum computing4 7,o7 ,robotics4 7,p7 ,biotechnology4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by inserting after the item relating to section #ahb the following3 ,sec4 #ahc4 ,list of certain products receiving support from ,government of ,people's ,republic of ,china or used by that ,government for human rights violations4 4