Sec. 218. Post-employment restrictions for participants in certain defense research
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Except as provided under subsection (c), as a condition of becoming or remaining a principal investigator of a covered defense research project, a person shall agree that during the 3-year period beginning on the last day the person is a principal investigator of such research, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits. Except as provided under subsection (c), as a condition of becoming or remaining an employee at a laboratory of the Department of Defense, a person shall agree that during the 3-year period beginning on the last day the person is an employee at such laboratory, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits.
The Secretary of Defense may waive the restrictions under subsections
(a)and
(b)with respect to a United States person if, not later than 30 days before issuing the waiver, the Secretary submits to the congressional defense committees a notice of the waiver that includes— an unclassified justification for the waiver; and a description of any Department of Defense funds provided to the person for which the waiver is issued or to the research in which the person participated. Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process, under the initiative established in section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4001 note), to ensure that, when a person who previously made an agreement in subsection
(a)or
(b)applies for funding to conduct a covered defense research project in the future— the employer of such person can certify that the person complied with the requirements in subsections
(a)and (b); and that a person whose employer cannot make the certification in paragraph
(1)is ineligible to participate in the covered defense research project. Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall— determine which technologies are critical or emerging from among the technologies for which the Department funds research; and shall make the results of such determination publicly available. This section shall apply with respect to research that begins on or after the date that is one year after the date of the enactment of this Act. In this section: The term foreign entity of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) ) and includes a foreign entity that is identified on the list published 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). The term covered defense research project means a research project that— is operated by an institution of higher education or a subsidiary of an institution of higher education; is funded, in whole or in part, by the Department of Defense; and involves a critical or emerging technology. The term critical or emerging technology means a technology that the Secretary determines to be critical or emerging in accordance with subsection (e). The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ).
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Sec. 218
Post-employment restrictions for participants in certain defense research
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