S.Amdt. 6134

SA 6134. Ms. BALDWIN (for Mr. Portman (for himself and Ms. Baldwin)) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PREFERENCE FOR UNITED STATES INDUSTRY.

Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is amended by adding at the end the following:

“(d) Preference for United States Industry.--

“(1) Definitions.--In this subsection:

“(A) Country of concern.--The term ‘country of concern' means a country that--

“(i) is a covered nation, as that term is defined in section 4872(d) of title 10, United States Code; or

“(ii) the Secretary determines is engaged in conduct that is detrimental to the national security of the United States.

“(B) Funding agreement; nonprofit organization; subject invention.--The terms ‘funding agreement', ‘nonprofit organization', and ‘subject invention' have the meanings given those terms in section 201 of title 35, United States Code.

“(C) Manufactured substantially in 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.

“(D) Relevant congressional committees.--The term ‘relevant congressional committees' means--

“(i) the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(ii) the Committee on Homeland Security of the House of Representatives.

“(2) Preference.--Subject to the other provisions of this subsection, no firm or nonprofit organization which receives title to any subject invention developed under a funding agreement entered into with the Department and no assignee of any such firm or nonprofit organization shall grant the exclusive right to use or sell any subject invention unless the products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States.

“(3) Waivers.--

“(A) In general.--Subject to subparagraph (B), in individual cases, the requirement for an agreement described in paragraph (2) may be waived by the Secretary upon a showing by the 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.

“(B) Conditions on waivers granted by department.--

“(i) Before grant of waiver.--Before granting a waiver under subparagraph (A), the Secretary shall--

“(I) consult with the relevant congressional committees regarding the decision of the Secretary to grant the waiver; and

“(II) 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).

“(ii) Prohibition on granting certain waivers.--The Secretary may not grant a waiver under subparagraph (A) 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.”.