[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4713-S4714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2379. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 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. ___. IMPROVING THE COMMERCIALIZATION OF FEDERAL RESEARCH
BY DOMESTIC MANUFACTURERS.
(a) Short Title.--This section may be cited as the ``Invent
Here, Make Here Act of 2024''.
(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 Secretary of Defense, the
Secretary of Energy, the Director of the National Science
Foundation, and industry organizations to identify domestic
manufacturers that can develop commercial products based on
completed 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) maintain a publicly accessible and searchable
database of domestic manufacturers and their capabilities
with respect to commercialization of federally funded
research.''.
(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, the Committee on the Judiciary
of the Senate, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on the Judiciary 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'
has the meaning given the term `covered nation' in section
4872(d) of title 10.
``(2) Relevant congressional committees.--The term
`relevant congressional committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on the Judiciary of the Senate;
[[Page S4714]]
``(C) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(D) the Committee on the Judiciary 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 in the United States 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
paragraphs (2) and (3), the Federal agency under whose
funding agreement the applicable subject invention was made
may waive the requirement for an agreement described in
subsection (b) upon a showing by the applicable 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) Review timeline.--Not later than 90 days after the
date on which a Federal agency receives a request for a
waiver described in paragraph (1) and with respect to which
paragraph (3) does not apply, the Federal agency shall issue
a decision regarding whether to grant the request.
``(3) Prohibition on granting certain waivers without
presidential authorization.--If granting a waiver under
paragraph (1) would result in products embodying the
applicable subject invention or produced through the use of
the applicable subject invention being manufactured
substantially in a country of concern, the applicable Federal
agency may not grant the waiver without the written
authorization of the President (or a designee of the
President).
``(4) Annual report to congressional committees.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Invent Here, Make Here Act of 2024, and
annually thereafter, each Federal agency with respect to
which, during the preceding year, a nonprofit organization or
small business firm that is a party to a funding agreement
with the Federal agency elected to retain title under section
202 to the subject invention that was the subject of that
funding agreement shall submit to the relevant congressional
committees a report that includes the information described
in subparagraph (B).
``(B) Contents.--Each report required under subparagraph
(A) shall include, for the period covered by the report--
``(i) with respect to each request received by the
applicable Federal agency for a waiver under this subsection,
information regarding--
``(I) the subject invention that is the subject of the
request;
``(II) the efforts made by the entity seeking the waiver to
grant the exclusive right to use or sell the applicable
subject invention to a person that would agree that any
products embodying the subject invention or produced through
the use of the subject invention would be manufactured
substantially in the United States; and
``(III) in which markets the products embodying the
applicable subject invention or produced through the use of
the applicable subject invention will be sold; and
``(ii) with respect to a small business firm or nonprofit
organization that is based in the United States and has
elected to retain title to a subject invention pursuant to
section 202, whether that firm or organization intends to
manufacture that subject invention in a foreign country for a
foreign market.
``(C) Preservation of confidentiality.--Each Federal agency
that is required to submit a report under this paragraph
shall preserve the confidentiality or trade sensitive nature
of all information included in each such report.''.
(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;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) strongly encourage 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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