Sec. 228. Measures to address foreign talent programs
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The Secretary of Defense shall develop and maintain a list of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary. In developing the list under subsection (a), the Secretary of Defense shall consider— the extent to which a foreign talent program— poses a threat to research funded by the Department of Defense; and engages in, or facilitates, cyber attacks, theft, espionage, or otherwise interferes in the affairs of the United States; and any other factors the Secretary determines appropriate.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the list developed under subsection (a). Not later than 30 days after making the submission required under subsection (c), the Secretary of Defense shall publish the list developed under subsection
(a)in the Federal Register. The list developed under subsection (a), and any guidance, rules, updates, or other requirements relating to such list, shall not take effect until such list, or any such guidance, rules, updates, or other requirements (as the case may be) have been— published in the Federal Register; and open for public comment for a period of not less than 60 days. In this section, the term foreign talent program has the meaning given that term for purposes of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2358 note).
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