[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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