II 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Here for Homeland Security Act’’. 


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•S 4902 IS

1 SEC. 2. PREFERENCE FOR UNITED STATES INDUSTRY. 

2 Section 308 of the Homeland Security Act of 2002 

3 (6 U.S.C. 188) is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) PREFERENCE FOR UNITED STATES INDUS6 TRY.— 

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

8 ‘‘(A) COUNTRY OF CONCERN.—The term 

9 ‘country of concern’ means a country that— 

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

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

12 United States Code; or 

13 ‘‘(ii) the Secretary determines is en14 gaged in conduct that is detrimental to the 

15 national security of the United States. 

16 ‘‘(B) FUNDING AGREEMENT; NONPROFIT

17 ORGANIZATION; SUBJECT INVENTION.—The 

18 terms ‘funding agreement’, ‘nonprofit organiza19 tion’, and ‘subject invention’ have the meanings 

20 given those terms in section 201 of title 35, 

21 United States Code. 

22 ‘‘(C) RELEVANT CONGRESSIONAL COMMIT23 TEES.—The term ‘relevant congressional com24 mittees’ means— 


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1 ‘‘(i) the Committee on Homeland Se2 curity and Governmental Affairs of the 

3 Senate; and 

4 ‘‘(ii) the Committee on Homeland Se5 curity of the House of Representatives. 

6 ‘‘(2) PREFERENCE.—Subject to the other provi7 sions of this subsection, no firm or nonprofit organi8 zation which receives title to any subject invention 

9 developed under a funding agreement entered into 

10 with the Department and no assignee of any such 

11 firm or nonprofit organization shall grant to any 

12 person the exclusive right to use or sell any subject 

13 invention unless such person agrees that any prod14 ucts embodying the subject invention or produced 

15 through the use of the subject invention will be man16 ufactured substantially in the United States. 

17 ‘‘(3) WAIVERS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), in individual cases, the requirement 

20 for an agreement described in paragraph (2) 

21 may be waived by the Secretary upon a showing 

22 by the firm, nonprofit organization, or assignee 

23 that reasonable but unsuccessful efforts have 

24 been made to grant licenses on similar terms to 

25 potential licensees that would be likely to manuVerDate Sep 11 2014 21:15 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4902.IS S4902

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1 facture substantially in the United States or 

2 that under the circumstances domestic manu3 facture is not commercially feasible. 

4 ‘‘(B) CONDITIONS ON WAIVERS GRANTED

5 BY DEPARTMENT.— 

6 ‘‘(i) BEFORE GRANT OF WAIVER.—Be7 fore granting a waiver under subparagraph 

8 (A), the Secretary shall— 

9 ‘‘(I) consult with the relevant 

10 congressional committees regarding 

11 the decision of the Secretary to grant 

12 the waiver; and 

13 ‘‘(II) comply with the procedures 

14 developed and implemented pursuant 

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

16 America, Buy America Act (subtitle A 

17 of title IX of division G of Public Law 

18 117–58). 

19 ‘‘(ii) PROHIBITION ON GRANTING CER20 TAIN WAIVERS.—The Secretary may not 

21 grant a waiver under subparagraph (A) if, 

22 as a result of the waiver, products embody23 ing the applicable subject invention, or pro24 duced through the use of the applicable 


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1 subject invention, will be manufactured 

2 substantially in a country of concern.’’. 

Æ 


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