II 112th CONGRESS 2d Session S. 2063 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.

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.