[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5980 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5980

   To amend Federal law to encourage the repatriation of jobs to the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

Mr. Wolf (for himself, Mr. Rogers of Kentucky, Mr. Wittman, Mrs. Miller 
of Michigan, and Mr. Lipinski) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
 the Committees on the Judiciary, Ways and Means, Financial Services, 
 Transportation and Infrastructure, and Science and Technology, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend Federal law to encourage the repatriation of jobs to the 
                 United States, 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 shall be cited as the ``Bring Jobs Back to America: 
Strategic Manufacturing & Job Repatriation Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Repatriation.--The term ``repatriation'' means, with 
        respect to a firm's job or facility, as the act of returning 
        from a location in a foreign country to a location within the 
        United States of America.
            (2) Comparative advantage.--The term ``comparative 
        advantage'' means, with respect to a country's industrial base, 
        an environment in which a country's private industry may 
        produce a good at a lower opportunity cost than a competitor.
            (3) Technology-based planning.--The term ``technology-based 
        planning'' means the process by which the Government may 
        promote the acquisition and utilization of technology to excel 
        at satisfying a customer need to generate a national 
        competitive advantage.
            (4) Technology spatial mapping.--The term ``technology 
        spatial mapping'' means identifying the full set of present and 
        emerging technologies whose dimensions dictate how a technology 
        may be acquired and utilized for a competitive advantage.

SEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY.

    (a) Requirement.--Not more than 180 days following enactment, the 
U.S. Secretary of Commerce shall create a comprehensive national 
manufacturing strategy designed to increase overall domestic 
production, create private sector jobs, and identify emerging 
technologies to strengthen American competitiveness and comparative 
advantages. The strategy shall also include:
            (1) An analysis of progress made since the release of the 
        Secretary's 2004 report: ``Manufacturing in America: A 
        Comprehensive Strategy to Address the Challenges to U.S. 
        Manufacturers''.
            (2) Targets, established by the Secretary, for 
        manufacturing sector growth, including a subset of targets for 
        repatriated jobs to the United States, for fiscal years 2011, 
        2012, 2013, 2014, and 2015.
            (3) A survey of all existing Federal programs supporting 
        manufacturing and recommendations on how the department or the 
        Congress may better align such programs to support the 
        strategy.
    (b) Requirement.--Not more than 180 days following enactment, and 
every second year thereafter, the Secretary shall conduct a survey of 
American firms:
            (1) The survey shall, at a minimum, identify--
                    (A) firms which maintain manufacturing, design or 
                support service facilities outside of the United 
                States; and
                    (B) categories of products manufactured at such 
                facilities and number of jobs located at such overseas 
                facilities.
            (2) The survey shall provide that any American firms 
        choosing not to complete the survey will be ineligible to 
        receive Federal contracts or assistance.
            (3) The Secretary shall create and maintain a database 
        based on the information provided in response to the annual 
        survey of American firms.
            (4) The Secretary shall report to Congress on the results 
        of the annual survey, including longitudinal trends in American 
        manufacturing and the repatriation of jobs.
    (c) Authorizes such sums as necessary.

SEC. 4. REPATRIATION TASK FORCES.

    (a) Requirement.--The U.S. Secretary of Commerce shall establish 
multiple ``Repatriation Task Forces'' to promote repatriation in 
accordance with the Secretary's established targets for job 
repatriation and manufacturing growth. The task forces shall:
            (1) Proactively and regularly identify American firms 
        interested in repatriating production or services to the United 
        States.
            (2) Identify the unique needs of the firm necessary to 
        facilitate the repatriation.
            (3) Identify and assist State governments to facilitate a 
        mutually beneficial repatriation of the firm's facility and/or 
        jobs to the United States.
            (4) Work with any other Federal agencies on a case-by-case 
        basis to provide technical assistance to the firm or the State 
        necessary to facilitate the repatriation of the facility and/or 
        jobs to the United States.
            (5) Serve as a resource to State governments and act as an 
        impartial advocate for all States choosing to compete for a 
        firm's facility as part of its repatriation.
            (6) Educate firms and States on the National Manufacturing 
        and Repatriation Strategy, the Repatriation Task Forces, and 
        all Federal assistance available to firms and State and county 
        economic development agencies.
            (7) Develop a computer-based program to help firms 
        understand the total cost of ownership of locating facilities 
        inside the United States as compared to foreign countries.
    (b) Members.--Each task force shall be comprised of, at a minimum, 
representatives from the Office of the Secretary of Commerce, the 
Economic Development Administration, the International Trade 
Administration, the U.S. Patent and Trademark Office, National 
Institute of Standards and Technology, and Bureau of Industry and 
Security.
    (c) Authorizes such sums as necessary.

SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``American Economic Security Commission'' (hereinafter in this 
Act referred to as the ``Commission'').
    (b) Duties of Commission.--
            (1) In general.--The Commission shall study and make 
        recommendations on policy relating to American competitiveness, 
        particularly in the manufacturing, information technology, 
        energy, and biotechnology sectors of the global economy, as 
        well as study ``technology-based planning'' policies to bolster 
        American economic competitiveness.
            (2) Reports.--The Commission shall issue periodic reports 
        on issues surrounding ``technology-based planning'', emerging 
        technologies, and American economic competitiveness, 
        specifically with regard to a new trade agreement and the 
        enforcement of existing trade agreements, taxation, 
        cybersecurity, the U.S. patent system, intellectual property 
        laws and enforcement, vocational training, education, research 
        and development programs, and infrastructure, and produce 
        reports requested by Members of Congress or congressional 
        committees.
            (3) Requirement.--The Commission shall oversee the 
        development and operation of a computer-based, accurate, 
        precise and detailed ``technology spatial mapping'' program. 
        This tool will be used to catalogue, monitor, and anticipate 
        emerging trends in technology to support the commission's 
        reporting on developing American comparative advantages in a 
        timely manner as new technology develops.
    (c) Membership.--The Commission shall be composed of 12 members, 
with the majority and minority leaders of the Senate, and the Speaker 
and the minority leader of the House each selecting three 
commissioners. The Commissioners shall serve two-year terms and may be 
reappointed twice.
    (d) Leadership of Commission.--The Commissioners shall elect a 
chairman and a vice-chairman every other year. The chair and vice-chair 
may not have been appointed by members of the same political party.
    (e) Director and Staff of Commission.--
            (1) Director.--
                    (A) In general.--Subject to paragraph (3) and to 
                the extent provided in advance in appropriation Acts, 
                the Commission shall appoint and fix the pay of a 
                director.
                    (B) Duties.--The director of the Commission shall 
                be responsible for the administration and coordination 
                of the duties of the Commission and shall perform other 
                such duties as the Commission may direct.
            (2) Staff.--In accordance with rules agreed upon by the 
        Commission, subject to paragraph (3), and to the extent 
        provided in advance in appropriation Acts, the director may 
        appoint and fix the pay of additional personnel.
            (3) Applicability of certain civil service laws.--The 
        director and staff of the Commission may be appointed without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates, except that pay 
        fixed under paragraph (1) may not exceed $150,000 per year and 
        pay fixed under paragraph (2) may not exceed a rate equal to 
        the daily equivalent of the annual rate of basic pay for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code.
            (4) Detailees.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detailee shall retain the rights, status, 
        and privileges of their regular employment without 
        interruption.
            (5) Experts and consultants.--In accordance with rules 
        agreed upon by the Commission and to the extent provided in 
        advance in appropriation Acts, the director may procure the 
        services of experts and consultants under section 3109(b) of 
        title 5, United States Code, but at rates not to exceed the 
        daily equivalent of the annual rate of basic pay for level V of 
        the Executive Schedule under section 5316 of title 5, United 
        States Code.
    (f) Powers of Commission.--
            (1) Hearings and evidence.--The Commission may, for the 
        purpose of carrying out this Act, hold such hearings in 
        addition to the town hall style public hearings, sit and act at 
        such times and places, take such testimony, and receive such 
        evidence as the Commission considers appropriate. The 
        Commission may administer oaths or affirmations to witnesses 
        appearing before it.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take under this 
        section.
            (3) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (4) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this Act.
            (5) Contract authority.--To the extent provided in advance 
        in appropriation Acts, the Commission may enter into contracts 
        to enable the Commission to discharge its duties under this 
        Act.
            (6) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (g) Authorizes such sums as necessary.

SEC. 6. REPATRIATION TAX INCENTIVE STUDY.

    (a) Requirement.--The U.S. Secretary of Commerce shall, in 
conjunction with the Commissioner of the U.S. Internal Revenue Service 
study the impact and feasibility of a tax incentive to encourage firms 
to repatriate jobs and report back to Congress within 180 days of 
enactment.
    (b) The study shall:
            (1) Examine the merits of a tax incentive to encourage 
        repatriation that would waive all Federal taxes on the return 
        of offshore, untaxed profits to a ratio of domestic jobs 
        created.
            (2) Consider a ratio of $1 billion in tax relief relative 
        to 14,000 jobs repatriated or created in the United States, as 
        well as other ratios the Secretary and Commissioner may 
        determine.

SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES.

    (a) Eligibility.--To amend title 42, United States Code, to include 
a definition of ``repatriation'' for purposes of public works, economic 
development planning and local government demonstration programs.
    (b) Eligibility.--To amend title 15, United States Code, subsection 
7506 to include a definition of ``repatriation'' for purposes.

SEC. 8. PATENT PROTECTION AND PRIORITIZATION.

    (a) Pre-Publication of Abstracts Only.--Section 122 of title 35, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``each application 
                                for a patent'' and inserting ``and with 
                                respect to an application for a patent, 
                                the abstract included with such 
                                application''; and
                                    (II) by striking ``an application'' 
                                and inserting ``an abstract'';
                            (ii) in subparagraph (B), by striking 
                        ``patent applications'' each place it appears 
                        and inserting ``abstracts included with patent 
                        applications''; and
                            (iii) in subparagraph (C), by striking 
                        ``patent application'' each place it appears 
                        and inserting ``abstract included with a patent 
                        application''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``An 
                        application'' and inserting ``An abstract 
                        included with an application'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``the application'' and inserting ``the 
                                abstract included with the 
                                application''; and
                                    (II) in clause (iv), by striking 
                                ``the application'' and inserting ``the 
                                abstract included with the 
                                application''; and
                            (iii) by striking clause (v);
            (2) by striking subsection (c);
            (3) by redesignating subsection (d) as subsection (c); and
            (4) in subsection (c), as so redesignated, by striking ``No 
        application'' and inserting ``No abstract included with an 
        application''.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents for chapter 
        11 of part 2 of title 35, United States Code, is amended in the 
        item relating to section 122 by inserting before ``patent 
        applications'' the following: ``abstracts included with''.
            (2) Publications.--Section 10 of title 35, United States 
        Code, is amended by striking ``published applications'' and 
        inserting ``published abstracts included with applications''.
            (3) Abstract definition.--Section 100 of title 35, United 
        States Code, is amended by adding at the end the following new 
        subsection: ``(f) The term `abstract' shall have the meaning 
        given such term, by regulation, by the Director.''.
            (4) Conditions for patentability.--Section 102(e) of title 
        35, United States Code, is amended to read as follows:
    ``(e) the invention was described in--
            ``(1) a patent granted on an application for patent by 
        another in an international application filed under the treaty 
        defined in section 351(a); and
            ``(2) such application designated the United States and was 
        published under article 21(2) of such treaty in the English 
        language; or''.
            (5) Interferences.--Section 135(b) of title 35, United 
        States Code, is amended to read as follows:
    ``(b) A claim which is the same as, or for the same or 
substantially the same subject matter as, a claim of an issued patent 
may not be made in any application unless such a claim is made prior to 
one year from the date on which the patent was granted.''.
            (6) Provisional rights.--Section 154(d)(1) of title 35, 
        United States Code, is amended--
                    (A) by striking ``publication of the application 
                for such patent under section 122(b), or in the case 
                of''; and
                    (B) by striking ``the date of publication of the 
                application''.
            (7) Secrecy of certain inventions.--Section 181 of title 
        35, United States Code, is amended--
                    (A) by striking ``publication of an application'' 
                each place it appears and inserting ``publication of an 
                abstract included with an application''; and
                    (B) by striking ``publication of the application'' 
                each place it appears and inserting ``publication of 
                the abstract included with the application''.
    (c) Prioritization for Higher Education Institutions.--Section 131 
of title 35, United States Code, is amended--
            (1) by striking ``The Director'' and inserting the 
        following: ``(a) In General.--The Director''; and
            (2) by adding at the end the following new subsection:
    ``(b) Priority of Examination for Certain Applications.--The 
Director shall give priority to the examination of an application made 
by an applicant that is--
            ``(1) an institution of higher education, as such term is 
        defined under section 101(a) of the Higher Education Act of 
        1965 (20 U.S.C. 1001(a)); or
            ``(2) a patent holding company affiliated with such an 
        institution.''.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon enactment of 
this Act.
                                 <all>