[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3506. Mr. BANKS submitted an amendment intended to be proposed by 
him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1067. POST-EMPLOYMENT REPORTING FOR DEPARTMENT OF 
                   DEFENSE-FUNDED RESEARCHERS IN EXPORT-CONTROLLED 
                   AREAS OF RESEARCH.

       (a) In General.--The Under Secretary of Commerce for 
     Industry and Security shall establish a reporting process 
     pursuant to which any covered individual, and any institution 
     of higher education that has employed a covered individual, 
     shall report to the Under Secretary on any activities by the 
     covered individual with covered entities conducted after the 
     termination of the employment of the covered individual with 
     the institution of higher education.
       (b) Elements.--The Under Secretary shall include the 
     following elements in the reporting process required by 
     subsection (a):
       (1) A requirement for an institution of higher education to 
     provide data and risk assessments to the Under Secretary that 
     identify covered individuals employed by the institution and 
     describe the nature of the covered research of those 
     individuals.
       (2) A process for an institution of higher education to 
     track the activities of covered individuals who are no longer 
     employed by the institution of higher education.
       (3) A requirement for a covered individual to report the 
     post-employment activities of the individual to the Under 
     Secretary and to any institution of higher education at which 
     the individual previously conducted covered research.
       (4) A specified length of time after termination of 
     employment during which the Under Secretary deems it 
     appropriate to require such reporting.
       (5) The frequency of the reporting required.
       (6) A requirement for an institution of higher education 
     employing covered individuals to provide to the Under 
     Secretary annual metrics specifically identifying instances 
     of covered entities engaging in covered research.
       (7) A requirement for an institution of higher education to 
     describe any mitigation measures the institution establishes 
     to implement this section.
       (8) A process for an institution of higher education to 
     notify the Under Secretary that the institution is unable to 
     provide satisfactory reporting with respect to a covered 
     individual because the individual has refused to provide the 
     institution with the necessary information on post-employment 
     activities.
       (c) Updated Guidance.--Not later than September 30, 2026, 
     the Under Secretary shall issue revised guidance related to 
     research security, including its risk assessment matrix for 
     research security and updated resources for export control 
     officers at institutions of higher education, that integrates 
     the reporting process required by subsection (a).
       (d) Definitions.--In this section:
       (1) Covered entity.--The term ``covered entity'' means--
       (A) the government of a covered nation (as defined in 
     section 4872(f) of title 10, United States Code); or
       (B) a foreign entity of concern.
       (2) Covered individual.--The term ``covered individual'' 
     means any individual that--
       (A) is or was employed by an institution of higher 
     education; and
       (B) carries out or has carried out covered research for the 
     Department of Defense, either as a principal investigator or 
     as a member of a team receiving a Department of Defense grant 
     for covered research.
       (3) Covered research.--The term ``covered research'' means 
     any research relating to an item subject to controls imposed 
     under the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.).
       (4) Foreign entity of concern.--The term ``foreign entity 
     of concern'' means an entity on--
       (A) the Entity List maintained by the Bureau of Industry 
     and Security of the Department of Commerce and set forth in 
     Supplement No. 4 to part 744 of title 15, Code of Federal 
     Regulations, or a successor list;
       (B) the most recent list of Chinese military companies 
     operating in the United States submitted under section 
     1260H(b)(1) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283;10 U.S.C. 113 note); or
       (C) the list developed under section 1286(c)(9)(A) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232;10 U.S.C. 4001 note).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
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