[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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