Sec. 232. Pilot program on assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise
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In accordance with the provisions of this section, the Director of the Defense Advanced Research Projects Agency may carry out a pilot program to assess the feasibility and advisability of temporarily assigning covered individuals with significant technical expertise in research and development areas of critical importance to defense missions to the Defense Advanced Research Projects Agency to lead research or development projects of the Agency. Under the pilot program, the Director may assign covered individuals to the Agency as described in subsection (a), but may not have more than five covered individuals so assigned at any given time.
Except as provided in subparagraph (B), the Director may, under the pilot program, assign a covered individual described in subsection
(a)to lead research and development projects of the Agency for a period of not more than two years. The Director may extend the assignment of a covered individual for one additional period of not more than two years as the Director considers appropriate. Except as otherwise provided in this section, the Director shall carry out the pilot program in accordance with the provisions of subchapter VI of chapter 33 of title 5, United States Code, except that, for purposes of the pilot program, the term other organization , as used in such subchapter, shall be deemed to include a covered entity. A covered individual employed by a covered entity who is assigned to the Agency under the pilot program is deemed to be an employee of the Department of Defense for purposes of the following provisions of law: Chapter 73 of title 5, United States Code. Sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code. Sections 1343, 1344, and 1349(b) of title 31, United States Code. Chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ), and any other Federal tort liability statute. The Ethics in Government Act of 1978 (5 U.S.C. App.). Section 1043 of the Internal Revenue Code of 1986. Chapter 21 of title 41, United States Code. A covered individual employed by a covered entity who is assigned to the Agency under the pilot program— may continue to receive pay and benefits from such covered entity with or without reimbursement by the Agency; is not entitled to pay from the Agency; and shall be subject to supervision by the Director in all duties performed for the Agency under the pilot program. The Director shall develop practices and procedures to manage conflicts of interest and the appearance of conflicts of interest that could arise through assignments under the pilot program. The practices and procedures required by paragraph
(1)shall include, at a minimum, the requirement that each covered individual assigned to the Agency under the pilot program shall sign an agreement that provides for the following: The nondisclosure of any trade secrets or other nonpublic or proprietary information which is of commercial value to the covered entity from which such covered individual is assigned. The assignment of rights to intellectual property developed in the course of any research or development project under the pilot program— to the Agency and its contracting partners in accordance with applicable provisions of law regarding intellectual property rights; and not to the covered individual or the covered entity from which such covered individual is assigned. Such additional measures as the Director considers necessary to carry out the program in accordance with Federal law. A covered entity may not charge the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the covered entity to a covered individual assigned to the Agency under the pilot program. Not later than the first October 31 after the first fiscal year in which the Director carries out the pilot program and each October 31 thereafter that immediately follows a fiscal year in which the Director carries out the pilot program, the Director shall submit to the congressional defense committees a report on the activities carried out under the pilot program during the most recently completed fiscal year. The authority provided in this section shall expire on September 30, 2025, except that any covered individual assigned to the Agency under the pilot program shall continue in such assignment until the terms of such assignment have been satisfied. In this section: The term covered individual means any individual who is employed by a covered entity. The term covered entity means any non-Federal, nongovernmental entity that, as of the date on which a covered individual employed by the entity is assigned to the Agency under the pilot program, is a nontraditional defense contractor (as defined in section 2302 of title 10, United States Code).