[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4902 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4902

 To address the preference for United States industry with respect to 
 patent rights in inventions made with Department of Homeland Security 
              research assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2022

  Mr. Portman (for himself and Ms. Baldwin) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To address the preference for United States industry with respect to 
 patent rights in inventions made with Department of Homeland Security 
              research assistance, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invent Here, Make Here for Homeland 
Security Act''.

SEC. 2. 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) 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 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.
            ``(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.''.
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