Text: H.R.516 — 112th Congress (2011-2012)

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Introduced in House (01/26/2011)


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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 516 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 516

To establish a strategy to encourage manufacturing in the United States 
  and for the repatriation of manufacturing jobs off-shored to other 
                   countries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2011

    Mr. Wolf (for himself, Mr. Rogers of Kentucky, Mr. Wittman, Mr. 
Austria, Mr. McKinley, Mr. Lipinski, Ms. Kaptur, Mr. Ruppersberger, and 
 Mr. Forbes) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Transportation and Infrastructure, Financial Services, the Judiciary, 
Ways and Means, and Science, Space, 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 establish a strategy to encourage manufacturing in the United States 
  and for the repatriation of manufacturing jobs off-shored to other 
                   countries, 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 may be cited as the ``Bring Jobs Back to America Act''.

SEC. 2. NATIONAL MANUFACTURING AND REPATRIATION STRATEGY.

    (a) National Manufacturing Strategy.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Commerce 
(referred to in this Act as the ``Secretary'') shall--
            (1) develop a comprehensive national manufacturing strategy 
        that aims to--
                    (A) increase overall domestic manufacturing;
                    (B) create private sector jobs;
                    (C) identify emerging technologies to strengthen 
                American competitiveness in the global marketplace; and
                    (D) identify a strategy for repatriating jobs to 
                the United States;
            (2) submit a report to Congress summarizing the progress 
        and trends in manufacturing growth since the Secretary's 2004 
        report, ``Manufacturing in America: A Comprehensive Strategy to 
        Address the Challenges to U.S. Manufacturers'';
            (3) establish targets for manufacturing growth, including a 
        subset of targets for jobs repatriated to the United States, 
        for each fiscal year 2012 through 2016, and report such targets 
        to Congress; and
            (4) conduct a survey of all existing Federal manufacturing 
        support programs and submit a report to Congress that includes 
        recommendations on how each Federal program surveyed can best 
        support the comprehensive national manufacturing strategy.
    (b) Biannual American Firm Survey and Report.--
            (1) Survey.--Not later than 1 year after the date of the 
        enactment of this Act and every 2 years thereafter through 
        fiscal year 2016, the Secretary shall conduct a survey of all 
        firms with headquarters in the United States that maintain 
        manufacturing facilities or customer service centers outside of 
        the United States to identify--
                    (A) categories of products manufactured or services 
                provided at such facilities; and
                    (B) the number of jobs located at such facilities.
            (2) Database.--The Secretary shall create and maintain a 
        database of the information collected through each survey.
            (3) Report.--The Secretary shall report to Congress on the 
        information gathered in each survey, including longitudinal 
        trends in American manufacturing and the repatriation of jobs.
            (4) Penalty.--Any firm described in paragraph (1) that 
        chooses not to participate in the survey shall not be eligible 
        to receive Federal contracts or to renew existing Federal 
        contracts.

SEC. 3. REPATRIATION TASK FORCES.

    (a) Establishment.--The Secretary shall establish such task forces 
as the Secretary considers necessary to accomplish the established 
targets for job repatriation and manufacturing growth established under 
section 2(a)(3).
    (b) Appointment.--Each task force established under subsection (a) 
shall be appointed by the Secretary and include the following members:
            (1) At least one representative of each of the following 
        components of the Department of Commerce:
                    (A) Office of the Secretary of Commerce.
                    (B) Economic Development Administration.
                    (C) International Trade Administration.
                    (D) United States Patent and Trademark Office.
                    (E) National Institute of Standards and Technology.
                    (F) Bureau of Industry and Security.
            (2) At least one representative of the private sector.
    (c) Duties.--Each task force established under subsection (a) 
shall--
            (1) identify United States firms interested in repatriating 
        production or services to the United States;
            (2) identify the unique needs of each firm necessary to 
        facilitate repatriation;
            (3) advise and assist firms and State and local governments 
        to promote and facilitate repatriation opportunities;
            (4) act as an impartial advocate for all State and local 
        governments choosing to compete for a repatriating firm's 
        facility or jobs;
            (5) to the maximum extent practicable, work with Federal 
        agencies to provide the technical assistance necessary to firms 
        and State and local governments to facilitate the repatriation 
        of facilities or jobs to the United States; and
            (6) educate firms and State and local governments on the 
        National Manufacturing Strategy established under section 
        (2)(a), the task forces established under subsection (a), and 
        all Federal assistance available to facilitate repatriation.

SEC. 4. AMERICAN ECONOMIC SECURITY COMMISSION.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``American Economic Security Commission''.
    (b) Duties.--The Commission shall carry out the following duties:
            (1) Program for american competitiveness.--The Commission 
        shall establish and carry out a program to improve the 
        competitiveness of the United States in the global economy 
        through technology-based planning. Under the program, the 
        Commission shall, on an ongoing basis--
                    (A) assess the competitiveness of the United States 
                in sectors of the global economy including the 
                manufacturing, aerospace, communications, information 
                technology, energy, and biotechnology sectors;
                    (B) identify, including through use of the 
                Technology Database and Mapping Program developed under 
                paragraph (2)--
                            (i) markets (including anticipated markets) 
                        for new and developing technologies in such 
                        sectors of the global economy; and
                            (ii) new and developing technologies, 
                        including manufacturing technologies, that may 
                        be used to gain a competitive advantage in such 
                        sectors of the global economy; and
                    (C) identify measures to take advantage of the 
                markets and technologies identified under clauses (i) 
                and (ii) of subparagraph (B), respectively, to give the 
                United States a competitive advantage in such sectors 
                of the global economy, including, as appropriate, 
                measures to encourage and facilitate the development, 
                acquisition, and use of technologies described in such 
                clauses.
            (2) Technology database and mapping program.--The 
        Commission shall develop a detailed, accurate, and 
        comprehensive computer program, to be known as the ``Technology 
        Database and Mapping Program'', to identify and keep track of 
        new and developing technologies described in clauses (i) and 
        (ii) of paragraph (1)(B).
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 12 members appointed as follows:
                    (A) Three members appointed by the majority leader 
                of the Senate.
                    (B) Three members appointed by the minority leader 
                of the Senate.
                    (C) Three members appointed by the Speaker of the 
                House of Representatives.
                    (D) Three members appointed by the minority leader 
                of the House of Representatives.
            (2) Deadline for appointment.--Each member of the 
        Commission shall be appointed not later than 180 days after the 
        date of the enactment of this Act.
            (3) Terms.--Each member of the Commission shall be 
        appointed for a term of 2 years, and may serve no more than 3 
        terms.
            (4) Vacancies.--A vacancy in the Commission shall be filled 
        in the same manner in which the original appointment was made.
            (5) Service without pay.--The members of the Commission 
        shall serve without pay.
            (6) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
            (7) Quorum.--Eight members of the Commission shall 
        constitute a quorum, except that if a majority of members in 
        the quorum have been appointed by a leader of the same 
        political party, the quorum shall include no fewer than 3 
        members appointed by a leader of the other political party.
            (8) Chair and vice chair.--The Commission shall elect a 
        Chair and Vice Chair from among its members. The term of office 
        of the Chair and vice Chair shall be 2 years.
            (9) Meetings.--The Commission shall meet at least once each 
        month at the call of the Chair or a majority of its members. 
        The Commission shall hold at least one meeting in person in 
        each of 6 months per year.
    (d) 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 compensation 
                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 such 
                other 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 compensation of such additional personnel 
        as may be necessary to enable the Commission to carry out its 
        duties.
            (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 
        compensated without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that 
        compensation fixed under paragraph (1)(A) may not exceed 
        $150,000 per year, and compensation 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) 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 for individuals 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.
            (5) Staff of federal agencies.--Upon request of the 
        Commission, the head of any Federal department or agency may 
        detail, without reimbursement from the Commission, any of the 
        personnel of that department or agency to the Commission to 
        assist it in carrying out its duties under this section. Such 
        detailee shall retain the rights, status, and privileges of 
        their regular employment without interruption.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission may, for the 
        purpose of carrying out this section, hold hearings, sit and 
        act at times and places, take testimony, and receive 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) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the Chair of the Commission, the head of that 
        department or agency shall, to the extent authorized by law, 
        furnish such information to the Commission.
            (4) Gifts, bequests, and devises.--The Commission may 
        accept, use, and dispose of gifts, bequests, or devises of 
        services or property, both real and personal, for the purpose 
        of aiding or facilitating the work of the Commission. Gifts, 
        bequests, or devises of money and proceeds from sales of other 
        property received as gifts, bequests, or devises shall be 
        deposited in the Treasury and shall be available for 
        disbursement upon order of the Chair of the Commission.
            (5) 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.
            (6) 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 section.
            (7) Contract authority.--To the extent or in the amounts 
        provided in advance in appropriation Acts, the Commission may 
        contract with and compensate government and private agencies or 
        persons to enable the Commission to discharge its duties under 
        this Act.
    (f) Reports.--The Commission shall issue to Congress periodic 
reports on the following, as the Commission considers appropriate:
            (1) The assessment of the competitiveness of the United 
        States under subsection (b)(1)(A).
            (2) The markets and technologies identified under 
        subsection (b)(1)(B).
            (3) The measures identified under subsection (b)(1)(C), and 
        any factors affecting the implementation of such measures, 
        including--
                    (A) proposed trade agreements and the enforcement 
                of existing trade agreements;
                    (B) taxation;
                    (C) cybersecurity;
                    (D) the United States patent system;
                    (E) intellectual property laws and the enforcement 
                of such laws;
                    (F) education, including vocational training;
                    (G) research and development programs; and
                    (H) infrastructure.
            (4) Such other reports as are requested by members of 
        Congress or congressional committees.
    (g) Termination.--The authority for the Commission provided in this 
section shall terminate and the Commission shall be dissolved on 
September 30, 2016.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of the 
fiscal years 2012 through 2016. No amount is authorized to carry out 
this section for a fiscal year unless the appropriation for the 
Economic Development Administration for such fiscal year is reduced by 
an amount equal to the amount appropriated to carry out this section 
for such fiscal year.

SEC. 5. PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965 ASSISTANCE 
              ELIGIBILITY.

    (a) Grants for Public Works and Economic Development.--Section 
201(a) of the Public Works and Economic Development Act of 1965 (42 
U.S.C. 3141(a)) is amended--
            (1) in paragraph (1) by striking ``and'' at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(3) projects to facilitate the relocation, to the United 
        States, of a source of employment located outside the United 
        States; and
            ``(4) projects to facilitate the growth of the 
        manufacturing sector or the customer service sector.''.
    (b) Base Closings and Realignments.--Section 202 of the Public 
Works and Economic Development Act of 1965 (42 U.S.C. 3142) is amended 
by inserting after ``or realignment'' the following: ``, including a 
project to facilitate the relocation, to the United States, of a source 
of employment located outside the United States or to facilitate the 
growth of the manufacturing sector or the customer service sector,''.
    (c) Grants for Planning and Grants for Administrative Expenses.--
Section 203(a) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3143(a)) is amended by inserting after ``economic 
development planning'' the following: ``, including planning with 
respect to projects to facilitate the relocation, to the United States, 
of a source of employment located outside the United States or to 
facilitate the growth of the manufacturing sector or the customer 
service sector,''.
    (d) Grants for Training, Research, and Technical Assistance.--
Section 207(a)(2) of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3147(a)(2)) is amended--
            (1) by striking subparagraph (H);
            (2) by redesignating subparagraph (I) as subparagraph (K); 
        and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) assessment, marketing, and establishment of 
                business clusters;
                    ``(I) activities to facilitate the relocation, to 
                the United States, of a source of employment located 
                outside the United States;
                    ``(J) activities to facilitate the growth of the 
                manufacturing sector or the customer service sector; 
                and''.
    (e) Grants for Economic Adjustment.--Section 209(a) of the Public 
Works and Economic Development Act of 1965 (42 U.S.C. 3149(a)) is 
amended by inserting after ``loan fund),'' the following: ``projects to 
facilitate the relocation, to the United States, of a source of 
employment located outside the United States, projects to facilitate 
the growth of the manufacturing sector or the customer service 
sector,''.

SEC. 6. STUDY OF TAX PROVISIONS TO ENCOURAGE REPATRIATION OF UNITED 
              STATES JOBS.

    (a) In General.--The Secretary of the Treasury, in consultation 
with the Secretary of Commerce, shall conduct a study on the 
feasibility and potential impact of new tax provisions to encourage 
United States companies to return jobs to the United States. Such study 
shall include--
            (1) a review of--
                    (A) the past effectiveness of section 956 of the 
                Internal Revenue Code of 1986, and
                    (B) the potential effectiveness of other tax 
                provisions which would encourage the repatriation 
                foreign earnings, and
            (2) an estimate of the loss in tax revenue associated with 
        any provision for each job created.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall submit to 
Congress a report of such study.

SEC. 7. 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.''.
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