[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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