,,ii  #aahth ,,congress  #ast ,session  
,s4 #aief  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ac1     
#bjbc,ms4 ,baldwin 7for herself and ,mr4
 ,vance7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,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 #bjbc4  #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 ,manufacturing ,,usa ,network       
established under section #cd7;c77#a7 to
 identify domestic manufacturers that   
can develop commercial products based on
 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 coordinate with the ,director of   
the ,made in ,america ,office at the    
,office of ,management and ,budget to   
use the procedures described in section 
#bjd7;c77#b77;,a77i7 of title #ce1      
,united ,states ,code1 to identify      
appropriate domestic manufacturers and  
investors to commercialize products     
based on ,federal research and          
manufacture such products in the ,united
 ,states4  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 ,senate and the  
,committee on ,science1 ,space1 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 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 means a country      
that-- 7,a7 is a covered nation1 as that
 term is defined in section #dhgb7;d7 of

 title #aj2 or  7,b7 the ,secretary of  
,commerce determines is engaged in      
conduct that is detrimental to the      
national security of the ,united        
,states4  7#b7 ,manufactured            
substantially in the ,united ,states    
,the term manufactured substantially in 
the ,united ,states means manufactured  
substantially from all articles1        
materials1 or supplies mined1 produced1 
or manufactured in the ,united ,states4 
7#c7 ,relevant congressional committees 
,the term relevant congressional        
committees means-- 7,a7 the ,committee  
on ,commerce1 ,science1 and             
,transportation of the ,senate2 and     
7,b7 the ,committee on ,science1 ,space1
 and ,technology 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 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 paragraph 7#b71 the requirement for  
an agreement described in subsection 7b7
 may be waived by the ,federal agency   
under whose funding agreement the       
applicable subject invention was made   
upon a showing by the 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        

,conditions on waivers  7,a7 ,before    
grant of waiver ,before granting a      
waiver under paragraph 7#a71 a ,federal 
agency shall-- 7i7 comply with the      
procedures developed and implemented    
pursuant to section #gjibc7;b77#b7 of   
the ,build ,america1 ,buy ,america ,act 
7subtitle ,a of title ,,ix of division  
,g of ,public ,law #aag-eh72 and  7ii7  
in carrying out clause 7i71 preserve the
 confidentiality or trade sensitive     
nature of information included in the   
applicable application for a license4   
7,b7 ,prohibition on granting certain   
waivers ,a ,federal agency may not grant
 a waiver under paragraph 7#a7 if1 as a 
result of the waiver1 products embodying
 the applicable subject invention1 or   
produced through the use of the         
applicable subject invention1 will be   
manufactured substantially in a country 
of concern4  7#c7 ,annual report to     
congressional committees ,not later than
 #a year after the date of enactment of 
the ,invent ,here1 ,make ,here ,act of  

#bjbc1 and annually thereafter1 each    
,federal agency that1 during the        
preceding year1 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 request4  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 ensure 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