Sec. 4. Preference for United States industry
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Section 204 of title 35, United States Code, is amended to read as follows: In this section: The term country of concern means a country that— is a covered nation, as that term is defined in section 4872(d) of title 10; or the Secretary of Commerce determines is engaged in conduct that is detrimental to the national security of the United States. The term manufactured substantially in the United States means manufactured substantially from all articles, materials, or supplies mined, produced, or manufactured in the United States.
The term relevant congressional committees means— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Science, Space, and Technology of the House of Representatives. 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 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.
In individual cases, subject to paragraph (2), the requirement for an agreement described in subsection
(b)may be waived by the Federal agency under whose funding agreement the applicable subject invention was made upon a showing by the 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. Before granting a waiver under paragraph (1), a Federal agency shall— comply with the procedures developed and implemented pursuant to section 70923(b)(2) of the Build America, Buy America Act (subtitle A of title IX of division G of Public Law 117–58 ); and in carrying out clause (i), preserve the confidentiality or trade sensitive nature of information included in the applicable application for a license. A Federal agency may not grant a waiver under paragraph
(1)if, as a result of the waiver, products embodying the applicable subject invention, or produced through the use of the applicable subject invention, will be manufactured substantially in a country of concern. Not later than 1 year after the date of enactment of the Invent Here, Make Here Act of 2023 , and annually thereafter, each Federal agency that, during the preceding year, 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 request. .
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Sec. 4
Preference for United States industry
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