[Congressional Record Volume 165, Number 103 (Wednesday, June 19, 2019)]
[Senate]
[Page S4097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______