This bill prohibits U.S. universities and their faculty, staff, and students from selling or transferring intellectual property rights from their research to governments of certain foreign nations, including Russia, China, Iran, countries engaged in armed conflict with the U.S., state sponsors of terrorism, and any other nations the Secretary of State determines pose a national security threat. The legislation applies to all types of intellectual property—including patents, copyrights, trade secrets, and data—developed at American universities. Universities that violate the ban face civil penalties of up to $500,000 per violation, or up to $5 million if the research relates to critical energy or defense issues and endangers national security; additionally, any funds received from prohibited transfers must be seized and returned to the government. The Attorney General and Secretary of State are responsible for enforcing the law, and the Secretary of State has final authority to make all key determinations about which nations are prohibited and whether violations threaten national security, with limited ability for court review.
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