[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1956 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1956
To improve the commercialization of Federal research by domestic
manufacturers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2023
Ms. Baldwin (for herself and Mr. Vance) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve the commercialization of Federal research by domestic
manufacturers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invent Here, Make Here Act of
2023''.
SEC. 2. IMPROVEMENT OF COMMERCIALIZATION OF FEDERAL RESEARCH BY
DOMESTIC MANUFACTURERS.
Section 2 of the National Institute of Standards and Technology Act
(15 U.S.C. 272) is amended by adding at the end the following:
``(f) Commercialization of Federal Research by Domestic
Manufacturers.--In order for the Institute to meet the need described
in section 1(a)(1) and most effectively carry out the activities under
subsection (c)(1) of this section, the Director shall--
``(1) coordinate with the Manufacturing USA Network
established under section 34(c)(1) to identify domestic
manufacturers that can develop commercial products based on
research conducted by Federal agencies;
``(2) work with the Administrator of the Small Business
Administration to identify domestic investors to support the
development of commercial products based on research conducted
by Federal agencies; and
``(3) coordinate with the Director of the Made in America
Office at the Office of Management and Budget to use the
procedures described in section 204(c)(2)(A)(i) of title 35,
United States Code, to identify appropriate domestic
manufacturers and investors to commercialize products based on
Federal research and manufacture such products in the United
States.''.
SEC. 3. STUDY AND COMPREHENSIVE REVIEW OF COMMERCIALIZATION OF FEDERAL
RESEARCH BY DOMESTIC MANUFACTURERS.
Not later than 540 days after the date of enactment of this Act,
the Director of the National Institute of Standards and Technology
shall--
(1) complete a study and comprehensive review of the
commercialization of Federal research by domestic manufacturers
that--
(A) addresses--
(i) what barriers currently (as of the date
on which the study is completed) exist for
domestic manufacturers to commercialize Federal
research; and
(ii) what role investment and the
availability of investors plays in the
encouragement or discouragement of the
commercialization of Federal research by
domestic manufacturers; and
(B) provides recommendations for modifications to
the comprehensive strategic plan developed and
implemented pursuant to section 107 of the American
Innovation and Competitiveness Act (15 U.S.C. 272 note)
to ensure that Federal science, engineering, and
technology research is being transferred to domestic
manufacturers to modernize manufacturing processes in
accordance with section 2(b)(1) of the National
Institute of Standards and Technology Act (15 U.S.C.
272(b)(1)); and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report
on the findings of the Director with respect to the study and
review completed under paragraph (1).
SEC. 4. PREFERENCE FOR UNITED STATES INDUSTRY.
Section 204 of title 35, United States Code, is amended to read as
follows:
``Sec. 204. Preference for United States industry
``(a) Definitions.--In this section:
``(1) Country of concern.--The term `country of concern'
means a country that--
``(A) is a covered nation, as that term is defined
in section 4872(d) of title 10; or
``(B) the Secretary of Commerce determines is
engaged in conduct that is detrimental to the national
security of the United States.
``(2) Manufactured substantially in the united states.--The
term `manufactured substantially in the United States' means
manufactured substantially from all articles, materials, or
supplies mined, produced, or manufactured in the United States.
``(3) Relevant congressional committees.--The term
`relevant congressional committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and
Technology of the House of Representatives.
``(b) General Preference.--Notwithstanding any other provision of
this chapter, and subject to subsection (c), no small business firm or
nonprofit organization which receives title to any subject invention
and no assignee of any such small business firm or nonprofit
organization shall grant to any person the exclusive right to use or
sell any subject invention unless such person agrees that any products
embodying the subject invention or produced through the use of the
subject invention will be manufactured substantially in the United
States.
``(c) Waivers.--
``(1) In general.--In individual cases, subject to
paragraph (2), the requirement for an agreement described in
subsection (b) may be waived by the Federal agency under whose
funding agreement the applicable subject invention was made
upon a showing by the small business firm, nonprofit
organization, or assignee that reasonable but unsuccessful
efforts have been made to grant licenses on similar terms to
potential licensees that would be likely to manufacture
substantially in the United States or that under the
circumstances domestic manufacture is not commercially
feasible.
``(2) Conditions on waivers.--
``(A) Before grant of waiver.--Before granting a
waiver under paragraph (1), a Federal agency shall--
``(i) comply with the procedures developed
and implemented pursuant to section 70923(b)(2)
of the Build America, Buy America Act (subtitle
A of title IX of division G of Public Law 117-
58); and
``(ii) in carrying out clause (i), preserve
the confidentiality or trade sensitive nature
of information included in the applicable
application for a license.
``(B) Prohibition on granting certain waivers.--A
Federal agency may not grant a waiver under paragraph
(1) if, as a result of the waiver, products embodying
the applicable subject invention, or produced through
the use of the applicable subject invention, will be
manufactured substantially in a country of concern.
``(3) Annual report to congressional committees.--Not later
than 1 year after the date of enactment of the Invent Here,
Make Here Act of 2023, and annually thereafter, each Federal
agency that, during the preceding year, has received a request
for a waiver under this subsection shall submit to the relevant
congressional committees a report regarding the decision of the
Federal agency to grant or deny each such request.''.
SEC. 5. AMENDMENTS TO THE DIRECTORATE FOR TECHNOLOGY, INNOVATION, AND
PARTNERSHIPS.
Subtitle G of title III of the Research and Development,
Competition, and Innovation Act (42 U.S.C. 19101 et seq.) is amended--
(1) in section 10382--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) ensure that products developed through research
funded by the Directorate will be manufactured in the United
States.'';
(2) in section 10383--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``products,'' and
inserting ``products that will be manufactured in the
United States,'';
(B) in paragraph (4)(C), by inserting
``producing,'' after ``capable of'';
(C) in paragraph (6), by striking ``and'' after the
semicolon;
(D) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(8) develop industrial capacity to produce innovations
competitively in the United States for the global
marketplace.'';
(3) in section 10384--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) maximizes economic benefits by ensuring that
innovations developed from research awards are produced in the
United States.'';
(4) in section 10385--
(A) in subsection (b)(1), by striking ``and
commercialization'' and inserting ``commercialization,
and domestic production''; and
(B) in subsection (c)(2), by striking ``and
commercialization'' and inserting ``commercialization,
and domestic production'';
(5) in section 10386(b)(2), by inserting ``with domestic
manufacturing operations'' after ``private sector'';
(6) in section 10389(a), by striking ``and
commercialization'' and inserting ``commercialization, and
domestic production'';
(7) in section 10391(a), by striking ``and
commercialization'' and inserting ``commercialization, and
domestic production''; and
(8) in section 10394(f)(5), by striking ``and, as
appropriate, commercializing'' and inserting ``,
commercializing, and producing''.
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