[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2514-S2515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 317. Ms. BALDWIN submitted an amendment intended to be proposed by 
her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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. __. INVENT HERE, MAKE HERE.

       (a) Short Title.--This section may be cited as the ``Invent 
     Here, Make Here Act of 2023''.
       (b) 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.''.
       (c) 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).
       (d) 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.''.
       (e) 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;

[[Page S2515]]

       (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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