Sec. 217. National security innovation activities
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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 and academia with regard to emerging hardware products and technologies with national security applications. The activities required by subsection
(a)shall include the following: Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications. Funding research and technology development 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. 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. Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation. Subject to paragraph (2), the Under Secretary 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. 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. The Under Secretary may establish or fund a nonprofit entity to carry out the program activities under subsection (a). 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. The plan required by paragraph
(1)shall include the following: A description of the additional authorities needed to carry out the activities set forth in subsection (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. 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. In carrying out this section, the Under Secretary may use the following authorities: Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ), relating to a pilot program on strengthening manufacturing in the defense industrial base. Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges. Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships. Section 2374a of such title, relating to prizes for advanced technology achievements. Section 2474 of such title, relating to Centers of Industrial and Technical Excellence. Section 2521 of such title, relating to the Manufacturing Technology Program. Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States. Chapter 47 of such title, relating to personnel research programs and demonstration projects. Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements. Such other authorities as the Under Secretary considers appropriate. Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201 and subject to the availability of appropriations, up to $150,000,000 may be available to carry out this section.
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