[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6134. Ms. BALDWIN (for Mr. Portman (for himself and Ms. Baldwin)) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 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 appropriate place, insert the following:

     SEC. __. PREFERENCE FOR UNITED STATES INDUSTRY.

       Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 
     188) is amended by adding at the end the following:
       ``(d) Preference for United States Industry.--
       ``(1) Definitions.--In this subsection:
       ``(A) Country of concern.--The term `country of concern' 
     means a country that--
       ``(i) is a covered nation, as that term is defined in 
     section 4872(d) of title 10, United States Code; or
       ``(ii) the Secretary determines is engaged in conduct that 
     is detrimental to the national security of the United States.
       ``(B) Funding agreement; nonprofit organization; subject 
     invention.--The terms `funding agreement', `nonprofit 
     organization', and `subject invention' have the meanings 
     given those terms in section 201 of title 35, United States 
     Code.
       ``(C) 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.
       ``(D) Relevant congressional committees.--The term 
     `relevant congressional committees' means--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(ii) the Committee on Homeland Security of the House of 
     Representatives.
       ``(2) Preference.--Subject to the other provisions of this 
     subsection, no firm or nonprofit organization which receives 
     title to any subject invention developed under a funding 
     agreement entered into with the Department and no assignee of 
     any such firm or nonprofit organization shall grant the 
     exclusive right to use or sell any subject invention unless 
     the products embodying the subject invention or produced 
     through the use of the subject invention will be manufactured 
     substantially in the United States.
       ``(3) Waivers.--
       ``(A) In general.--Subject to subparagraph (B), in 
     individual cases, the requirement for an agreement described 
     in paragraph (2) may be waived by the Secretary upon a 
     showing by the 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.
       ``(B) Conditions on waivers granted by department.--
       ``(i) Before grant of waiver.--Before granting a waiver 
     under subparagraph (A), the Secretary shall--

       ``(I) consult with the relevant congressional committees 
     regarding the decision of the Secretary to grant the waiver; 
     and
       ``(II) 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).

       ``(ii) Prohibition on granting certain waivers.--The 
     Secretary may not grant a waiver under subparagraph (A) 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.''.
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