[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 937 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 937

 To direct the Secretary of Commerce to require institutions of higher 
    education and other research facilities to obtain deemed export 
 licenses for foreign nationals conducting scientific research at such 
          institutions and facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2019

  Mr. Kennedy introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Commerce to require institutions of higher 
    education and other research facilities to obtain deemed export 
 licenses for foreign nationals conducting scientific research at such 
          institutions and facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Technologies Act 
of 2019''.

SEC. 2. REQUIREMENT TO OBTAIN DEEMED EXPORT LICENSES FOR CERTAIN 
              FOREIGN NATIONALS CONDUCTING SCIENTIFIC RESEARCH.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce shall revise the 
Export Administration Regulations to require an entity described in 
subsection (b) to obtain a deemed export license before allowing a 
foreign national described in subsection (c) access to technology 
controlled under the Export Administration Regulations for export to 
the country of nationality of the foreign national.
    (b) Entities Described.--An entity described in this subsection 
is--
            (1) an institution of higher education in the United 
        States; or
            (2) any public or private entity that conducts scientific 
        research at a facility in the United States.
    (c) Foreign Nationals Described.--A foreign national is described 
in this subsection if the foreign national--
            (1) is a student at, or employed by, an entity described in 
        subsection (b); and
            (2) conducts scientific research for the entity.
    (d) Definitions.--In this section:
            (1) Deemed export license.--The term ``deemed export 
        license'' means a license for a release in the United States of 
        technology or source code described in section 734.13(b) of the 
        Export Administration Regulations (as in effect on the day 
        before the date of the enactment of this Act).
            (2) Export administration regulations.--The term ``Export 
        Administration Regulations'' means subchapter C of chapter VII 
        of title 15, Code of Federal Regulations.
            (3) Foreign national.--The term ``foreign national'' means 
        an individual who is a national (as defined in section 101 of 
        the Immigration and Nationality Act (8 U.S.C. 1101)) of a 
        country other than the United States.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (5) Technology.--The term ``technology'' has the meaning 
        given that term in section 772.1 of the Export Administration 
        Regulations (as in effect on the day before the date of the 
        enactment of this Act).
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