S.Amdt. 3506

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).
______