S.Amdt. 775

SA 775. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 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 C of title II, add the following:

SEC. ___. LIMITATION ON AUTHORITY OF DIRECTOR OF DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY TO GRANT
CERTAIN EXCLUSIVE RIGHTS RELATING TO CERTAIN
INVENTIONS UNLESS THEY CAN BE ASSEMBLED IN
UNITED STATES.

Section 2371a of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--Subject to subsection (b), the
Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--(1) The Director of the Defense Advanced
Research Projects Agency may not--
``(A) enter in cooperative research and development
agreements for performance of basic, applied, or advanced
research with any industrial organization or other person
subject to the control of a foreign company or government; or
``(B) grant any person or entity the exclusive right to
use, license, or sell any subject invention in the United
States resulting from the performance of basic, applied, or
advanced research unless such person or entity agrees that
any final assembly and substantial manufacturing of the
subject invention for use in the United States shall occur in
the United States.
``(2) The Secretary of Defense may, on a case by case
basis, waive the limitation in paragraph (1)(B) for the
granting of an exclusive right described in such paragraph to
a particular person or entity, if the Secretary, in
coordination with the heads of such other agencies as the
Secretary considers relevant, finds that--
``(A) reasonable but unsuccessful efforts have been made to
grant such right on similar terms to a person or entity that
would be likely to manufacture the subject invention
substantially in the United States; or
``(B) under the circumstances, domestic manufacture of the
subject invention is not commercially feasible.
``(3) Paragraph (1) shall not apply to any memorandum of
understanding (or other formal agreement) under section 2350a
of this title.
``(4) In this subsection, the term `subject invention' has
the meaning given such term in section 201 of title 35.''.
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