I 111th CONGRESS 2d Session H. R. 5980 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.

1.

Short title

This Act shall be cited as the Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act.

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.

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.

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.

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.

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.

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.

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. .

9.

Effective Date

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