II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting American 

5 Technologies Act of 2019’’. 


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•S 937 IS

1 SEC. 2. REQUIREMENT TO OBTAIN DEEMED EXPORT LI2 CENSES FOR CERTAIN FOREIGN NATIONALS 

3 CONDUCTING SCIENTIFIC RESEARCH. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of Com6 merce shall revise the Export Administration Regulations 

7 to require an entity described in subsection (b) to obtain 

8 a deemed export license before allowing a foreign national 

9 described in subsection (c) access to technology controlled 

10 under the Export Administration Regulations for export 

11 to the country of nationality of the foreign national. 

12 (b) ENTITIES DESCRIBED.—An entity described in 

13 this subsection is— 

14 (1) an institution of higher education in the 

15 United States; or 

16 (2) any public or private entity that conducts 

17 scientific research at a facility in the United States. 

18 (c) FOREIGN NATIONALS DESCRIBED.—A foreign 

19 national is described in this subsection if the foreign na20 tional— 

21 (1) is a student at, or employed by, an entity 

22 described in subsection (b); and 

23 (2) conducts scientific research for the entity. 

24 (d) DEFINITIONS.—In this section: 

25 (1) DEEMED EXPORT LICENSE.—The term 

26 ‘‘deemed export license’’ means a license for a reVerDate Sep 11 2014 22:57 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S937.IS S937

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•S 937 IS

1 lease in the United States of technology or source 

2 code described in section 734.13(b) of the Export 

3 Administration Regulations (as in effect on the day 

4 before the date of the enactment of this Act). 

5 (2) EXPORT ADMINISTRATION REGULATIONS.— 

6 The term ‘‘Export Administration Regulations’’ 

7 means subchapter C of chapter VII of title 15, Code 

8 of Federal Regulations. 

9 (3) FOREIGN NATIONAL.—The term ‘‘foreign 

10 national’’ means an individual who is a national (as 

11 defined in section 101 of the Immigration and Na12 tionality Act (8 U.S.C. 1101)) of a country other 

13 than the United States. 

14 (4) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the 

16 meaning given the term in section 102 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1002). 

18 (5) TECHNOLOGY.—The term ‘‘technology’’ has 

19 the meaning given that term in section 772.1 of the 

20 Export Administration Regulations (as in effect on 

21 the day before the date of the enactment of this 

22 Act). 

Æ 


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