Sec. 139. Improved process for preference for domestic manufacturing of technologies developed at government expense
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Section 204 of title 35, United States Code, is amended— in the first sentence, by striking Notwithstanding any other provision of this chapter, and inserting the following: Notwithstanding any other provision of this chapter, and subject to subsection (b), ; by striking the second sentence; and by adding at the end the following: In individual cases, and consistent with the policies and procedures developed under paragraph (2), the requirement for an agreement described in subsection
(a)may be waived 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. The Secretary of Commerce shall develop policies and procedures that, to the greatest extent practicable, promote uniformity with respect to the issuance of a waiver under paragraph (1), which shall include the following: Policies and procedures to promote transparency and clarity with respect to the issuance of those waivers, including the means by which a small business firm, nonprofit organization, or assignee described in that paragraph may make the showing required under that paragraph. The development of a Government-wide application process through which waivers are issued under that paragraph, which shall require— the person seeking the waiver to submit to the Federal agency under whose funding agreement the applicable subject invention was made a request for the waiver; the Federal agency to which a request is submitted under clause
(i)to forward that request to the Secretary; and the Secretary, during the 120-day period beginning on the date on which the Secretary receives the request under clause (ii), to— consult with the Federal agency forwarding the request, and any other Federal agency the Secretary determines appropriate, regarding whether the waiver should be issued; and determine whether to issue the waiver, taking into consideration the consultation required under subclause (I). Policies and procedures to— collect information from the person seeking the waiver on the capabilities required of the applicable licensee to manufacture in the United States; and before issuing the waiver, utilize the information collected under clause
(i)to, in coordination with the Hollings Manufacturing Extension Partnership established under section 25(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(b) ) and other relevant Federal programs, identify domestic manufacturers that are capable and willing to manufacture in the United States the applicable product that embodies the subject invention (or that is produced through the use of the subject invention). Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Secretary of Commerce shall submit to Congress a report regarding the issuance of waivers under subsection (b), which shall include— the total number of those waivers issued during the period covered by the report, which shall include, for each such waiver, an identification of— the nation in which the applicable product that embodies the subject invention (or that is produced through the use of the subject invention) will be substantially manufactured; and the Federal agency under whose funding agreement the applicable subject invention was made; the total number of requests submitted under subsection (b)(2)(B)(i) during the period covered by the report; and during the period covered by the report, a breakdown of the number of requests that each Federal agency received under subsection (b)(2)(B)(i). . Section 12(c)(4) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(c)(4) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; in the matter preceding clause (i), as so redesignated, by inserting
(A)after
(4); and by adding at the end the following: The Secretary shall develop policies and procedures that, to the greatest extent practicable, promote uniformity across the Federal Government with respect to the implementation of subparagraph (A). . Section 12(b)(1)(C)(iii) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(b)(1)(C)(iii) ) is amended by striking subsection (c)(4)(B) and inserting subsection (c)(4)(A)(ii) .
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Sec. 139
Improved process for preference for domestic manufacturing of technologies developed at government expense
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