[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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