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Senator Webb Amendment to S. 1619

Senator Webb Amendment to S. 1619

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Published by Jim Webb
"Prohibition on transfer of proprietary technology and intellectual property developed with funding provided by the United States Government to entities of certain countries."
"Prohibition on transfer of proprietary technology and intellectual property developed with funding provided by the United States Government to entities of certain countries."

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Published by: Jim Webb on Oct 04, 2011
Copyright:Attribution Non-commercial

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10/05/2011

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MAR11834 S.L.C.
 AMENDMENT NO.
 llll 
Calendar No.
 lll 
Purpose: To prohibit the transfer of proprietary technology and intellectual property developed using funding pro- vided by the United States Government to entities of certain countries.
IN THE SENATE OF THE UNITED STATES—112th Cong., 1st Sess.
S. 1619
To provide for identification of misaligned currency, requireaction to correct the misalignment, and for other purposes.Referred to the Committee on
 llllllllll 
andordered to be printedOrdered to lie on the table and to be printed A 
MENDMENT
intended to be proposed by Mr. W
EBB
  Viz: At the end, add the following:
1
SEC. 16. PROHIBITION ON TRANSFER OF PROPRIETARY
2
TECHNOLOGY AND INTELLECTUAL PROP-
3
ERTY DEVELOPED WITH FUNDING PROVIDED
4
BY THE UNITED STATES GOVERNMENT TO
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ENTITIES OF CERTAIN COUNTRIES.
6
(a) I
N
G
ENERAL
.—Notwithstanding any other provi-
7
sion of law, a United States commercial entity may not
8
transfer to any entity described in subsection (b) any pro-
9
prietary technology or intellectual property that was re-
10
searched, developed, or commercialized using a contract,
11
 
2
MAR11834 S.L.C.
grant, loan, loan guarantee, or other financial assistance
1
provided or awarded by the United States Government.
2
(b) E
NTITIES
D
ESCRIBED
.—
3
(1) I
N GENERAL
.—An entity described in this
4
subsection is an entity—
5
(A) owned or controlled by the government
6
of a country described in paragraph (2); or
7
(B) in which citizens of such a country 
8
hold interests representing at least 5 percent of 
9
the capital structure of the entity.
10
(2) C
OUNTRIES DESCRIBED
.—A country de-
11
scribed in this paragraph is a country in which, by 
12
law, practice, or policy, any United States entity is
13
required to transfer proprietary technology or intel-
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lectual property as a condition of doing business in
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that country.
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(c) W
 AIVER
.—The Secretary of Commerce may waive
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the prohibition in subsection (a) with respect to a transfer
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of proprietary technology or intellectual property if the
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Secretary determines that the transfer would not com-
20
promise the economic interests or competitiveness of the
21
United States.
22
(d) A 
PPLICABILITY
.—This section applies with re-
23
spect to the transfer on or after the date of the enactment
24
of this Act of any proprietary technology or intellectual
25

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