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Invent Here Make Here Act
Invent Here Make Here Act
S. ll
118TH CONGRESS
1ST SESSION
A BILL
To improve the commercialization of Federal research by
domestic manufacturers, and for other purposes.
2
1 SEC. 2. IMPROVEMENT OF COMMERCIALIZATION OF FED-
3 TURERS.
3
1 vestors to commercialize products based on Federal
2 research and manufacture such products in the
3 United States.’’.
4 SEC. 3. STUDY AND COMPREHENSIVE REVIEW OF COMMER-
6 MESTIC MANUFACTURERS.
4
1 107 of the American Innovation and Competi-
2 tiveness Act (15 U.S.C. 272 note) to ensure
3 that Federal science, engineering, and tech-
4 nology research is being transferred to domestic
5 manufacturers to modernize manufacturing
6 processes in accordance with section 2(b)(1) of
7 the National Institute of Standards and Tech-
8 nology Act (15 U.S.C. 272(b)(1)); and
9 (2) submit to the Committee on Commerce,
10 Science, and Transportation of the Senate and the
11 Committee on Science, Space, and Technology of the
12 House of Representatives a report on the findings of
13 the Director with respect to the study and review
14 completed under paragraph (1).
15 SEC. 4. PREFERENCE FOR UNITED STATES INDUSTRY.
5
1 ‘‘(B) the Secretary of Commerce deter-
2 mines is engaged in conduct that is detrimental
3 to the national security of the United States.
4 ‘‘(2) MANUFACTURED SUBSTANTIALLY IN THE
6
1 through the use of the subject invention will be manufac-
2 tured substantially in the United States.
3 ‘‘(c) WAIVERS.—
4 ‘‘(1) IN GENERAL.—In individual cases, subject
5 to paragraph (2), the requirement for an agreement
6 described in subsection (b) may be waived by the
7 Federal agency under whose funding agreement the
8 applicable subject invention was made upon a show-
9 ing by the small business firm, nonprofit organiza-
10 tion, or assignee that reasonable but unsuccessful ef-
11 forts have been made to grant licenses on similar
12 terms to potential licensees that would be likely to
13 manufacture substantially in the United States or
14 that under the circumstances domestic manufacture
15 is not commercially feasible.
16 ‘‘(2) CONDITIONS ON WAIVERS.—
7
1 ‘‘(ii) in carrying out clause (i), pre-
2 serve the confidentiality or trade sensitive
3 nature of information included in the ap-
4 plicable application for a license.
5 ‘‘(B) PROHIBITION ON GRANTING CERTAIN
8
1 (1) in section 10382—
2 (A) in paragraph (2), by striking ‘‘and’’
3 after the semicolon;
4 (B) in paragraph (3), by striking the pe-
5 riod at the end and inserting ‘‘; and’’; and
6 (C) by adding at the end the following:
7 ‘‘(4) ensure that products developed through re-
8 search funded by the Directorate will be manufac-
9 tured in the United States.’’;
10 (2) in section 10383—
11 (A) in paragraph (2), in the matter pre-
12 ceding subparagraph (A), by striking ‘‘prod-
13 ucts,’’ and inserting ‘‘products that will be
14 manufactured in the United States,’’;
15 (B) in paragraph (4)(C), by inserting
16 ‘‘producing,’’ after ‘‘capable of’’;
17 (C) in paragraph (6), by striking ‘‘and’’
18 after the semicolon;
19 (D) in paragraph (7), by striking the pe-
20 riod at the end and inserting ‘‘; and’’; and
21 (E) by adding at the end the following:
22 ‘‘(8) develop industrial capacity to produce in-
23 novations competitively in the United States for the
24 global marketplace.’’;
25 (3) in section 10384—
EHF23093 DWT Discussion Draft S.L.C.
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1 (A) in paragraph (1), by striking ‘‘and’’
2 after the semicolon;
3 (B) in paragraph (2), by striking the pe-
4 riod at the end and inserting ‘‘; and’’; and
5 (C) by adding at the end the following:
6 ‘‘(3) maximizes economic benefits by ensuring
7 that innovations developed from research awards are
8 produced in the United States.’’;
9 (4) in section 10385—
10 (A) in subsection (b)(1), by striking ‘‘and
11 commercialization’’ and inserting ‘‘commer-
12 cialization, and domestic production’’; and
13 (B) in subsection (c)(2), by striking ‘‘and
14 commercialization’’ and inserting ‘‘commer-
15 cialization, and domestic production’’;
16 (5) in section 10386(b)(2), by inserting ‘‘with
17 domestic manufacturing operations’’ after ‘‘private
18 sector’’;
19 (6) in section 10389(a), by striking ‘‘and com-
20 mercialization’’ and inserting ‘‘commercialization,
21 and domestic production’’;
22 (7) in section 10391(a), by striking ‘‘and com-
23 mercialization’’ and inserting ‘‘commercialization,
24 and domestic production’’; and
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1 (8) in section 10394(f)(5), by striking ‘‘and, as
2 appropriate, commercializing’’ and inserting ‘‘, com-
3 mercializing, and producing’’.