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
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.
This Act may be cited as the
Protecting American Technologies Act of 2019.
Requirement to obtain deemed export licenses for certain foreign nationals conducting scientific research
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.
An entity described in this subsection is—
an institution of higher education in the United States; or
any public or private entity that conducts scientific research at a facility in the United States.
Foreign nationals described
A foreign national is described in this subsection if the foreign national—
is a student at, or employed by, an entity described in subsection (b); and
conducts scientific research for the entity.
In this section:
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).
Export Administration Regulations
The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations.
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.
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).
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).