S.Amdt. 693
What it does: Adds SEC. 16. PROHIBITION ON TRANSFER OF PROPRIETARY TECHNOLOGY AND INTELLECTUAL PROPERTY DEVELOPED WITH FUNDING PROVIDED BY THE UNITED STATES GOVERNMENT TO ENTITIES OF CERTAIN COUNTRIES at the end of the bill
Sen. Jim Webb (D-VA)What it changes
1 change to S. 1619 · shown in the bill's text
Adds SEC. 16. PROHIBITION ON TRANSFER OF PROPRIETARY TECHNOLOGY AND INTELLECTUAL PROPERTY DEVELOPED WITH FUNDING PROVIDED BY THE UNITED STATES GOVERNMENT TO ENTITIES OF CERTAIN COUNTRIES at the end of the bill
Adds a sectionIn S. 1619 · Placed on Calendar Senate
The Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5301 et seq.) is repealed.
Inserted: SEC. 16. PROHIBITION ON TRANSFER OF PROPRIETARY TECHNOLOGY AND INTELLECTUAL PROPERTY DEVELOPED WITH FUNDING PROVIDED BY THE UNITED STATES GOVERNMENT TO ENTITIES OF CERTAIN COUNTRIES.
Inserted: (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.
Inserted: (b) Entities Described.--
Inserted: (1) In general.--An entity described in this subsection is an entity--
Inserted: (A) owned or controlled by the government of a country described in paragraph (2); or
Inserted: (B) in which citizens of such a country hold interests representing at least 5 percent of the capital structure of the entity.
Inserted: (2) Countries described.--A country described 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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 693. Mr. WEBB submitted an amendment intended to be proposed by him to the bill S. 1619, to provide for identification of misaligned currency, require action to correct the misalignment, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 16. 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 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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Senate amendment submitted
October 4, 2011