#aahth ,,congress #b;d ,session ,s4 #aief ,,an ,,act ,to improve the commercialization of ,federal research by domestic manufacturers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,invent ,here1 ,make ,here ,act of #bjbd4 #b4 ,improvement of commercialization of ,federal research by domestic manufacturers ,section #b of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgb7 is amended by adding at the end the following3 7f7 ,commercialization of ,federal research by domestic manufacturers ,in order for the ,institute to meet the need described in section #a7;a77#a7 and most effectively carry out the activities under subsection 7c77#a7 of this section1 the ,director shall-- 7#a7 coordinate with the ,secretary of ,defense1 the ,secretary of ,energy1 the ,director of the ,national ,science ,foundation1 and industry organizations to identify domestic manufacturers that can develop commercial products based on completed research conducted by ,federal agencies2 7#b7 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 agencies2 and 7#c7 maintain a publicly accessible and searchable database of domestic manufacturers and their capabilities with respect to commercialization of federally funded research4 4 #c4 ,study and comprehensive review of commercialization of ,federal research by domestic manufacturers ,not later than #edj days after the date of enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall-- 7#a7 complete a study and comprehensive review of the commercialization of ,federal research by domestic manufacturers that-- 7,a7 addresses-- 7i7 what barriers currently 7as of the date on which the study is completed7 exist for domestic manufacturers to commercialize ,federal research2 and 7ii7 what role investment and the availability of investors plays in the encouragement or discouragement of the commercialization of ,federal research by domestic manufacturers2 and 7,b7 provides recommendations for modifications to the comprehensive strategic plan developed and implemented pursuant to section #ajg of the ,american ,innovation and ,competitiveness ,act 7#ae ,u4,s4,c4 #bgb note7 to ensure that ,federal science1 engineering1 and technology research is being transferred to domestic manufacturers to modernize manufacturing processes in accordance with section #b7;b77#a7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgb7;b77#a772 and 7#b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 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 7#a74 #d4 ,preference for ,united ,states industry ,section #bjd of title #ce1 ,united ,states ,code1 is amended to read as follows3 #bjd4 ,preference for ,united ,states industry 7a7 ,definitions ,in this section3 7#a7 ,country of concern ,the term country of concern has the meaning given the term covered nation in section #dhgb7;d7 of title #aj4 7#b7 ,relevant congressional committees ,the term relevant congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7,d7 the ,committee on the ,judiciary of the ,house of ,representatives4 7b7 ,general preference ,notwithstanding any other provision of this chapter1 and subject to subsection 7c71 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 ,states4 7c7 ,waivers 7#a7 ,in general ,in individual cases1 subject to paragraphs 7#b7 and 7#c71 the ,federal agency under whose funding agreement the applicable subject invention was made may waive the requirement for an agreement described in subsection 7b7 upon a showing by the applicable small business firm1 nonprofit organization1 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 feasible4 7#b7 ,review timeline ,not later than #ij days after the date on which a ,federal agency receives a request for a waiver described in paragraph 7#a7 and with respect to which paragraph 7#c7 does not apply1 the ,federal agency shall issue a decision regarding whether to grant the request4 7#c7 ,prohibition on granting certain waivers without presidential authorization ,if granting a waiver under paragraph 7#a7 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 concern1 the applicable ,federal agency may not grant the waiver without the written authorization of the ,president 7or a designee of the ,president74 7#d7 ,annual report to congressional committees 7,a7 ,in general ,not later than #a year after the date of enactment of the ,invent ,here1 ,make ,here ,act of #bjbd1 and annually thereafter1 each ,federal agency with respect to which1 during the preceding year1 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 #bjb 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 7,b74 7,b7 ,contents ,each report required under subparagraph 7,a7 shall include1 for the period covered by the report-- 7i7 with respect to each request received by the applicable ,federal agency for a waiver under this subsection1 information regarding-- 7,i7 the subject invention that is the subject of the request2 7,,ii7 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 ,states2 and 7,,iii7 in which markets the products embodying the applicable subject invention or produced through the use of the applicable subject invention will be sold2 and 7ii7 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 #bjb1 whether that firm or organization intends to manufacture that subject invention in a foreign country for a foreign market4 7,c7 ,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 report4 4 #e4 ,amendments to the ,directorate for ,technology1 ,innovation1 and ,partnerships ,subtitle ,g of title ,,iii of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aiaja et seq47 is amended-- 7#a7 in section #ajchb-- 7,a7 in paragraph 7#b71 by striking and after the semicolon2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 strongly encourage that products developed through research funded by the ,directorate will be manufactured in the ,united ,states4 2 7#b7 in section #ajchc-- 7,a7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking products1 and inserting products that will be manufactured in the ,united ,states12 7,b7 in paragraph 7#d77;,c71 by inserting producing1 after capable of2 7,c7 in paragraph 7#f71 by striking and after the semicolon2 7,d7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7#h7 develop industrial capacity to produce innovations competitively in the ,united ,states for the global marketplace4 2 7#c7 in section #ajchd-- 7,a7 in paragraph 7#a71 by striking and after the semicolon2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 maximizes economic benefits by ensuring that innovations developed from research awards are produced in the ,united ,states4 2 7#d7 in section #ajche-- 7,a7 in subsection 7b77#a71 by striking and commercialization and inserting commercialization1 and domestic production2 and 7,b7 in subsection 7c77#b71 by striking and commercialization and inserting commercialization1 and domestic production2 7#e7 in section #ajchf7;b77#b71 by inserting with domestic manufacturing operations after private sector2 7#f7 in section #ajchi7;a71 by striking and commercialization and inserting commercialization1 and domestic production2 7#g7 in section #ajcia7;a71 by striking and commercialization and inserting commercialization1 and domestic production2 and 7#h7 in section #ajcid7;f77#e71 by striking and1 as appropriate1 commercializing and inserting 1 commercializing1 and producing4 ,passed the ,senate ,december #c1 #bjbd4,secretary