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S.L.C.

AMENDMENT NO.llll

Calendar No.lll

Purpose: To prohibit the transfer of proprietary technology and intellectual property developed using funding provided by the United States Government to entities of certain countries.
IN THE SENATE OF THE UNITED STATES112th Cong., 1st Sess.

S. 1619 To provide for identification of misaligned currency, require action to correct the misalignment, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. WEBB Viz: 1 2 3 4 5 6 7 At the end, add the following:
SEC. 16. PROHIBITION ON TRANSFER OF PROPRIETARY TECHNOLOGY AND INTELLECTUAL PROP-

ERTY DEVELOPED WITH FUNDING PROVIDED BY THE UNITED STATES GOVERNMENT TO ENTITIES OF CERTAIN COUNTRIES.

(a) IN GENERAL.Notwithstanding any other provi-

8 sion of law, a United States commercial entity may not 9 transfer to any entity described in subsection (b) any pro10 prietary technology or intellectual property that was re11 searched, developed, or commercialized using a contract,

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2 1 grant, loan, loan guarantee, or other financial assistance 2 provided or awarded by the United States Government. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (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 de-

scribed in this paragraph is a country in which, by law, practice, or policy, any United States 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

18 the prohibition in subsection (a) with respect to a transfer 19 of proprietary technology or intellectual property if the 20 Secretary determines that the transfer would not com21 promise the economic interests or competitiveness of the 22 United States. 23 (d) APPLICABILITY.This section applies with re-

24 spect to the transfer on or after the date of the enactment 25 of this Act of any proprietary technology or intellectual

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3 1 property developed before, on, or after such date of enact2 ment. 3 (e) REGULATIONS.The Secretary of Commerce, in

4 consultation with other relevant Federal agencies, shall 5 prescribe such regulations as may be necessary to carry 6 out this section. 7 8 (f) UNITED STATES COMMERCIAL ENTITY DEFINED.In

this section, the term United States commer-

9 cial entity means a commercial entity organized under 10 the laws of the United States or any jurisdiction within 11 the United States.