S.Amdt. 2512

SA 2512. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 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:

Beginning on page 59, strike line 4 and all that follows
through page 61, line 25, and insert the following:
(a) Establishment.--The Under Secretary of Defense for
Research and Engineering shall establish activities to
develop interaction between the Department of Defense and the
commercial technology industry, academia, public-private
partnerships, and other nonprofit organizations with regard
to emerging hardware products and technologies with national
security applications.
(b) Elements.--
(1) In general.--The activities required by subsection (a)
shall include the following:
(A) Informing and encouraging private investment in
specific hardware technologies of interest to future defense
technology needs with unique national security applications.
(B) Funding research and technology development and the
requisite manufacturing process in critical hardware-based
defense sectors, specifically microelectromechanical systems,
processing components, micromachinery, and materials science
that private industry has not supported sufficiently to meet
rapidly emerging national security needs.
(C) Developing and executing policies and actions to deter
strategic acquisition of industrial and technical
capabilities in the private sector by foreign entities that
could potentially exclude companies from participating in the
Department of Defense technology and industrial base.
(D) Identifying promising emerging technology in industry
and academia for the Department of Defense for potential
support or research and development cooperation.
(E) Establishing domestic manufacturing capabilities
necessary for demonstration, testing, validation, and low
volume production of promising emerging technologies.
(2) Coordination.--The Under Secretary of Defense for
Research and Engineering shall coordinate with the Under
Secretary of Defense for Acquisition and Sustainment in
carrying out activities under subparagraph (E) of paragraph
(1).
(c) Transfer of Personnel and Resources.--
(1) In general.--Subject to paragraph (2), the Under
Secretary of Defense for Research and Engineering may
transfer such personnel, resources, and authorities as the
Under Secretary considers appropriate to carry out the
activities established under subsection (a) from other
elements of the Department.
(2) Certification.--The Under Secretary may only make a
transfer of personnel, resources, or authorities under
paragraph (1) upon certification by the Under Secretary that
the activities established under paragraph (a) can attract
sufficient private sector investment, has personnel with
sufficient technical and management expertise, and has
identified relevant technologies and systems for potential
investment in order to carry out the activities established
under subsection (a), independent of further government
funding beyond this authorization.
(d) Establishment of Nonprofit Entity.--
(1) In general.--The Under Secretary may establish or fund
a nonprofit entity to carry out the program activities under
subsection (a).
(2) Existing nonprofits.--In carrying out paragraph (1),
the Under Secretary shall try to work with a nonprofit
organization that existed on the day before the date of the
enactment of this Act.
(e) Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Under Secretary shall submit
to the congressional defense committees a detailed plan to
carry out this section.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A description of the additional authorities needed to
carry out the activities set forth in subsection (b).
(B) Plans for transfers under subsection (c), including
plans for private fund-matching and investment mechanisms,
oversight, treatment of rights relating to technical data
developed, and relevant dates and goals of such transfers.
(C) Plans for attracting the participation of the
commercial technology industry and academia and how those
plans fit into the current Department of Defense research and
engineering enterprise.
(3) No delay on conduct of activities.--Before submitting
the plan required by paragraph (1), the Under Secretary of
Defense for Research and Engineering shall proceed with
carrying out the activities as required by subsections (a)
and (b).
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