Protecting American Technologies Act of 2019

II 116TH CONGRESS 1ST SESSION S. 937 To direct the Secretary of Commerce to require institutions of higher edu- cation 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting American 4 Technologies Act of 2019’’. 5 VerDate Sep 11 2014 22:57 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S937.IS S937 kjohnson on DSK79L0C42 with BILLS 2 •S 937 IS SEC. 2. REQUIREMENT TO OBTAIN DEEMED EXPORT LI- 1 CENSES FOR CERTAIN FOREIGN NATIONALS 2 CONDUCTING SCIENTIFIC RESEARCH. 3 (a) IN GENERAL.—Not later than 180 days after the 4 date of the enactment of this Act, the Secretary of Com- 5 merce shall revise the Export Administration Regulations 6 to require an entity described in subsection (b) to obtain 7 a deemed export license before allowing a foreign national 8 described in subsection (c) access to technology controlled 9 under the Export Administration Regulations for export 10 to the country of nationality of the foreign national. 11 (b) ENTITIES DESCRIBED.—An entity described in 12 this subsection is— 13 (1) an institution of higher education in the 14 United States; or 15 (2) any public or private entity that conducts 16 scientific research at a facility in the United States. 17 (c) FOREIGN NATIONALS DESCRIBED.—A foreign 18 national is described in this subsection if the foreign na- 19 tional— 20 (1) is a student at, or employed by, an entity 21 described in subsection (b); and 22 (2) conducts scientific research for the entity. 23 (d) DEFINITIONS.—In this section: 24 (1) DEEMED EXPORT LICENSE.—The term 25 ‘‘deemed export license’’ means a license for a re- 26 VerDate Sep 11 2014 22:57 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S937.IS S937 kjohnson on DSK79L0C42 with BILLS 3 •S 937 IS lease in the United States of technology or source 1 code described in section 734.13(b) of the Export 2 Administration Regulations (as in effect on the day 3 before the date of the enactment of this Act). 4 (2) EXPORT ADMINISTRATION REGULATIONS.— 5 The term ‘‘Export Administration Regulations’’ 6 means subchapter C of chapter VII of title 15, Code 7 of Federal Regulations. 8 (3) FOREIGN NATIONAL.—The term ‘‘foreign 9 national’’ means an individual who is a national (as 10 defined in section 101 of the Immigration and Na- 11 tionality Act (8 U.S.C. 1101)) of a country other 12 than the United States. 13 (4) INSTITUTION OF HIGHER EDUCATION.—The 14 term ‘‘institution of higher education’’ has the 15 meaning given the term in section 102 of the Higher 16 Education Act of 1965 (20 U.S.C. 1002). 17 (5) TECHNOLOGY.—The term ‘‘technology’’ has 18 the meaning given that term in section 772.1 of the 19 Export Administration Regulations (as in effect on 20 the day before the date of the enactment of this 21 Act). 22 Æ VerDate Sep 11 2014 22:57 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S937.IS S937 kjohnson on DSK79L0C42 with BILLS