,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dijb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ba1
 #bjbb,mr4 ,portman 7for himself and    
,ms4 ,baldwin7 introduced the following 
bill2 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 assistance1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,invent ,here1 ,make
 ,here for ,homeland ,security ,act4    
#b4 ,preference for ,united ,states     
industry ,section #cjh of the ,homeland 
,security ,act of #bjjb 7#f ,u4,s4,c4   
#ahh7 is amended by adding at the end   
the following3  7d7 ,preference for     
,united ,states industry  7#a7          
,definitions ,in this subsection3 7,a7  
,country of concern ,the term country of
 concern means a country that-- 7i7 is a

 covered nation1 as that term is defined
 in section #dhgb7;d7 of title #aj1     
,united ,states ,code2 or  7ii7 the     
,secretary determines is engaged in     
conduct that is detrimental to the      
national security of the ,united        
,states4  7,b7 ,funding agreement2      
nonprofit organization2 subject         
invention ,the terms funding agreement1 
nonprofit organization1 and subject     
invention have the meanings given those 
terms in section #bja of title #ce1     
,united ,states ,code4  7,c7 ,relevant  
congressional committees ,the term      
relevant congressional committees       
means-- 7i7 the ,committee on ,homeland 
,security and ,governmental ,affairs of 
the ,senate2 and  7ii7 the ,committee on
 ,homeland ,security of the ,house of   
,representatives4  7#b7 ,preference     
,subject to the other provisions of this
 subsection1 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 ,states4   
7#c7 ,waivers  7,a7 ,in general ,subject
 to subparagraph 7,b71 in individual    
cases1 the requirement for an agreement 
described in paragraph 7#b7 may be      
waived by the ,secretary upon a showing 
by the firm1 nonprofit organization1 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 feasible4  7,b7        
,conditions on waivers granted by       
,department  7i7 ,before grant of waiver

 ,before granting a waiver under        
subparagraph 7,a71 the ,secretary       
shall-- 7,i7 consult with the relevant  
congressional committees regarding the  
decision of the ,secretary to grant the 
waiver2 and  7,,ii7 comply with the     
procedures developed and implemented    
pursuant to section #gjibc7;b77#b7 of   
the ,build ,america1 ,buy ,america ,act 
7subtitle ,a of title ,,ix of division  
,g of ,public ,law #aag-eh74  7ii7      
,prohibition on granting certain waivers
 ,the ,secretary may not grant a waiver 
under subparagraph 7,a7 if1 as a result 
of the waiver1 products embodying the   
applicable subject invention1 or        
produced through the use of the         
applicable subject invention1 will be   
manufactured substantially in a country 
of concern4  4