A bill to prohibit the transfer of technology developed using funding provided by the United States Government to entities of certain countries, and for other purposes.

Prohibits a U.S. commercial entity from transferring any proprietary technology or intellectual property researched, developed, or commercialized with federal financial assistance to an entity: (1) owned or controlled by the government of a country which requires any U.S. commercial entity to transfer proprietary technology or intellectual property as a condition of doing business, or (2) in which the citizens of such a country hold 5% interests of the capital structure of that entity.

Authorizes the Secretary of Commerce to waive such prohibition if the transfer would not compromise U.S. economic interests or competitiveness.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2063

To prohibit the transfer of technology developed using funding provided 
 by the United States Government to entities of certain countries, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2012

   Mr. Webb introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To prohibit the transfer of technology developed using funding provided 
 by the United States Government to entities of certain countries, and 
                          for other purposes.

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

SECTION 1. PROHIBITION ON TRANSFER OF PROPRIETARY TECHNOLOGY AND 
              INTELLECTUAL PROPERTY DEVELOPED WITH FUNDING PROVIDED BY 
              THE UNITED STATES GOVERNMENT TO ENTITIES OF CERTAIN 
              COUNTRIES.

    (a) In General.--Notwithstanding any other provision of law, a 
United States commercial entity may not transfer to any entity 
described in subsection (b) any proprietary technology or intellectual 
property that was researched, developed, or commercialized using a 
contract, grant, loan, loan guarantee, or other financial assistance 
provided or awarded by the United States Government.
    (b) Entities Described.--
            (1) In general.--An entity described in this subsection is 
        an entity--
                    (A) owned or controlled by the government of a 
                country described in paragraph (2); or
                    (B) in which citizens of such a country hold 
                interests representing at least 5 percent of the 
                capital structure of the entity.
            (2) Countries described.--A country described in this 
        paragraph is a country in which, by law, practice, or policy, 
        any United States commercial entity is required to transfer 
        proprietary technology or intellectual property as a condition 
        of doing business in that country.
    (c) Waiver.--The Secretary of Commerce may waive the prohibition in 
subsection (a) with respect to a transfer of proprietary technology or 
intellectual property if the Secretary determines that the transfer 
would not compromise the economic interests or competitiveness of the 
United States.
    (d) Applicability.--This section applies with respect to the 
transfer on or after the date of the enactment of this Act of any 
proprietary technology or intellectual property developed before, on, 
or after such date of enactment.
    (e) Regulations.--The Secretary of Commerce, in consultation with 
other relevant Federal agencies, shall prescribe such regulations as 
may be necessary to carry out this section.
    (f) United States Commercial Entity Defined.--In this section, the 
term ``United States commercial entity'' means a commercial entity 
organized under the laws of the United States or any jurisdiction 
within the United States.
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