II 

Calendar No. 617 

117TH CONGRESS 

2D SESSION S. 4902 

[Report No. 117–239] 

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 

DECEMBER 12, 2022 

Reported by Mr. PETERS, without amendment 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 4902 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Invent Here, Make 

3 Here for Homeland Security Act’’. 

4 SEC. 2. PREFERENCE FOR UNITED STATES INDUSTRY. 

5 Section 308 of the Homeland Security Act of 2002 

6 (6 U.S.C. 188) is amended by adding at the end the fol7 lowing: 

8 ‘‘(d) PREFERENCE FOR UNITED STATES INDUS9 TRY.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) COUNTRY OF CONCERN.—The term 

12 ‘country of concern’ means a country that— 

13 ‘‘(i) is a covered nation, as that term 

14 is defined in section 4872(d) of title 10, 

15 United States Code; or 

16 ‘‘(ii) the Secretary determines is en17 gaged in conduct that is detrimental to the 

18 national security of the United States. 

19 ‘‘(B) FUNDING AGREEMENT; NONPROFIT

20 ORGANIZATION; SUBJECT INVENTION.—The 

21 terms ‘funding agreement’, ‘nonprofit organiza22 tion’, and ‘subject invention’ have the meanings 

23 given those terms in section 201 of title 35, 

24 United States Code. 


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•S 4902 RS

1 ‘‘(C) RELEVANT CONGRESSIONAL COMMIT2 TEES.—The term ‘relevant congressional com3 mittees’ means— 

4 ‘‘(i) the Committee on Homeland Se5 curity and Governmental Affairs of the 

6 Senate; and 

7 ‘‘(ii) the Committee on Homeland Se8 curity of the House of Representatives. 

9 ‘‘(2) PREFERENCE.—Subject to the other provi10 sions of this subsection, no firm or nonprofit organi11 zation which receives title to any subject invention 

12 developed under a funding agreement entered into 

13 with the Department and no assignee of any such 

14 firm or nonprofit organization shall grant to any 

15 person the exclusive right to use or sell any subject 

16 invention unless such person agrees that any prod17 ucts embodying the subject invention or produced 

18 through the use of the subject invention will be man19 ufactured substantially in the United States. 

20 ‘‘(3) WAIVERS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), in individual cases, the requirement 

23 for an agreement described in paragraph (2) 

24 may be waived by the Secretary upon a showing 

25 by the firm, nonprofit organization, or assignee 


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•S 4902 RS

1 that reasonable but unsuccessful efforts have 

2 been made to grant licenses on similar terms to 

3 potential licensees that would be likely to manu4 facture substantially in the United States or 

5 that under the circumstances domestic manu6 facture is not commercially feasible. 

7 ‘‘(B) CONDITIONS ON WAIVERS GRANTED

8 BY DEPARTMENT.— 

9 ‘‘(i) BEFORE GRANT OF WAIVER.—Be10 fore granting a waiver under subparagraph 

11 (A), the Secretary shall— 

12 ‘‘(I) consult with the relevant 

13 congressional committees regarding 

14 the decision of the Secretary to grant 

15 the waiver; and 

16 ‘‘(II) comply with the procedures 

17 developed and implemented pursuant 

18 to section 70923(b)(2) of the Build 

19 America, Buy America Act (subtitle A 

20 of title IX of division G of Public Law 

21 117–58). 

22 ‘‘(ii) PROHIBITION ON GRANTING CER23 TAIN WAIVERS.—The Secretary may not 

24 grant a waiver under subparagraph (A) if, 

25 as a result of the waiver, products embodyVerDate Sep 11 2014 00:59 Dec 13, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4902.RS S4902

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5 

•S 4902 RS

1 ing the applicable subject invention, or pro2 duced through the use of the applicable 

3 subject invention, will be manufactured 

4 substantially in a country of concern.’’. 


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Calendar No. 617 

117TH CONGRESS 

2D SESSION S. 4902 

[Report No. 117–239] 

A BILL 

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

DECEMBER 12, 2022 

Reported without amendment 


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