I 

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. 

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 ‘‘Bring Jobs Back to 

5 America Act’’. 


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1 SEC. 2. NATIONAL MANUFACTURING AND REPATRIATION 

2 STRATEGY. 

3 (a) NATIONAL MANUFACTURING STRATEGY.—Not 

4 later than 90 days after the date of the enactment of this 

5 Act, the Secretary of Commerce (referred to in this Act 

6 as the ‘‘Secretary’’) shall— 

7 (1) develop a comprehensive national manufac8 turing strategy that aims to— 

9 (A) increase overall domestic manufac10 turing; 

11 (B) create private sector jobs; 

12 (C) identify emerging technologies to 

13 strengthen American competitiveness in the 

14 global marketplace; and 

15 (D) identify a strategy for repatriating 

16 jobs to the United States; 

17 (2) submit a report to Congress summarizing 

18 the progress and trends in manufacturing growth 

19 since the Secretary’s 2004 report, ‘‘Manufacturing 

20 in America: A Comprehensive Strategy to Address 

21 the Challenges to U.S. Manufacturers’’; 

22 (3) establish targets for manufacturing growth, 

23 including a subset of targets for jobs repatriated to 

24 the United States, for each fiscal year 2012 through 

25 2016, and report such targets to Congress; and 


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1 (4) conduct a survey of all existing Federal 

2 manufacturing support programs and submit a re3 port to Congress that includes recommendations on 

4 how each Federal program surveyed can best sup5 port the comprehensive national manufacturing 

6 strategy. 

7 (b) BIANNUAL AMERICAN FIRM SURVEY AND RE8 PORT.— 

9 (1) SURVEY.—Not later than 1 year after the 

10 date of the enactment of this Act and every 2 years 

11 thereafter through fiscal year 2016, the Secretary 

12 shall conduct a survey of all firms with headquarters 

13 in the United States that maintain manufacturing 

14 facilities or customer service centers outside of the 

15 United States to identify— 

16 (A) categories of products manufactured or 

17 services provided at such facilities; and 

18 (B) the number of jobs located at such fa19 cilities. 

20 (2) DATABASE.—The Secretary shall create and 

21 maintain a database of the information collected 

22 through each survey. 

23 (3) REPORT.—The Secretary shall report to 

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1 vey, including longitudinal trends in American man2 ufacturing and the repatriation of jobs. 

3 (4) PENALTY.—Any firm described in para4 graph (1) that chooses not to participate in the sur5 vey shall not be eligible to receive Federal contracts 

6 or to renew existing Federal contracts. 

7 SEC. 3. REPATRIATION TASK FORCES. 

8 (a) ESTABLISHMENT.—The Secretary shall establish 

9 such task forces as the Secretary considers necessary to 

10 accomplish the established targets for job repatriation and 

11 manufacturing growth established under section 2(a)(3). 

12 (b) APPOINTMENT.—Each task force established 

13 under subsection (a) shall be appointed by the Secretary 

14 and include the following members: 

15 (1) At least one representative of each of the 

16 following components of the Department of Com17 merce: 

18 (A) Office of the Secretary of Commerce. 

19 (B) Economic Development Administra20 tion. 

21 (C) International Trade Administration. 

22 (D) United States Patent and Trademark 

23 Office. 

24 (E) National Institute of Standards and 

25 Technology. 


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1 (F) Bureau of Industry and Security. 

2 (2) At least one representative of the private 

3 sector. 

4 (c) DUTIES.—Each task force established under sub5 section (a) shall— 

6 (1) identify United States firms interested in 

7 repatriating production or services to the United 

8 States; 

9 (2) identify the unique needs of each firm nec10 essary to facilitate repatriation; 

11 (3) advise and assist firms and State and local 

12 governments to promote and facilitate repatriation 

13 opportunities; 

14 (4) act as an impartial advocate for all State 

15 and local governments choosing to compete for a re16 patriating firm’s facility or jobs; 

17 (5) to the maximum extent practicable, work 

18 with Federal agencies to provide the technical assist19 ance necessary to firms and State and local govern20 ments to facilitate the repatriation of facilities or 

21 jobs to the United States; and 

22 (6) educate firms and State and local govern23 ments on the National Manufacturing Strategy es24 tablished under section (2)(a), the task forces estabVerDate Mar 15 2010 02:04 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H516.IH H516

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1 lished under subsection (a), and all Federal assist2 ance available to facilitate repatriation. 

3 SEC. 4. AMERICAN ECONOMIC SECURITY COMMISSION. 

4 (a) ESTABLISHMENT.—There is hereby established a 

5 commission to be known as the ‘‘American Economic Se6 curity Commission’’. 

7 (b) DUTIES.—The Commission shall carry out the 

8 following duties: 

9 (1) PROGRAM FOR AMERICAN COMPETITIVE10 NESS.—The Commission shall establish and carry 

11 out a program to improve the competitiveness of the 

12 United States in the global economy through tech13 nology-based planning. Under the program, the 

14 Commission shall, on an ongoing basis— 

15 (A) assess the competitiveness of the 

16 United States in sectors of the global economy 

17 including the manufacturing, aerospace, com18 munications, information technology, energy, 

19 and biotechnology sectors; 

20 (B) identify, including through use of the 

21 Technology Database and Mapping Program 

22 developed under paragraph (2)— 

23 (i) markets (including anticipated 

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1 nologies in such sectors of the global econ2 omy; and 

3 (ii) new and developing technologies, 

4 including manufacturing technologies, that 

5 may be used to gain a competitive advan6 tage in such sectors of the global economy; 

7 and 

8 (C) identify measures to take advantage of 

9 the markets and technologies identified under 

10 clauses (i) and (ii) of subparagraph (B), respec11 tively, to give the United States a competitive 

12 advantage in such sectors of the global econ13 omy, including, as appropriate, measures to en14 courage and facilitate the development, acquisi15 tion, and use of technologies described in such 

16 clauses. 

17 (2) TECHNOLOGY DATABASE AND MAPPING

18 PROGRAM.—The Commission shall develop a de19 tailed, accurate, and comprehensive computer pro20 gram, to be known as the ‘‘Technology Database 

21 and Mapping Program’’, to identify and keep track 

22 of new and developing technologies described in 

23 clauses (i) and (ii) of paragraph (1)(B). 

24 (c) MEMBERSHIP.— 


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1 (1) NUMBER AND APPOINTMENT.—The Com2 mission shall be composed of 12 members appointed 

3 as follows: 

4 (A) Three members appointed by the ma5 jority leader of the Senate. 

6 (B) Three members appointed by the mi7 nority leader of the Senate. 

8 (C) Three members appointed by the 

9 Speaker of the House of Representatives. 

10 (D) Three members appointed by the mi11 nority leader of the House of Representatives. 

12 (2) DEADLINE FOR APPOINTMENT.—Each 

13 member of the Commission shall be appointed not 

14 later than 180 days after the date of the enactment 

15 of this Act. 

16 (3) TERMS.—Each member of the Commission 

17 shall be appointed for a term of 2 years, and may 

18 serve no more than 3 terms. 

19 (4) VACANCIES.—A vacancy in the Commission 

20 shall be filled in the same manner in which the origi21 nal appointment was made. 

22 (5) SERVICE WITHOUT PAY.—The members of 

23 the Commission shall serve without pay. 

24 (6) TRAVEL EXPENSES.—Each member shall 

25 receive travel expenses, including per diem in lieu of 


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1 subsistence, in accordance with applicable provisions 

2 under subchapter I of chapter 57 of title 5, United 

3 States Code. 

4 (7) QUORUM.—Eight members of the Commis5 sion shall constitute a quorum, except that if a ma6 jority of members in the quorum have been ap7 pointed by a leader of the same political party, the 

8 quorum shall include no fewer than 3 members ap9 pointed by a leader of the other political party. 

10 (8) CHAIR AND VICE CHAIR.—The Commission 

11 shall elect a Chair and Vice Chair from among its 

12 members. The term of office of the Chair and vice 

13 Chair shall be 2 years. 

14 (9) MEETINGS.—The Commission shall meet at 

15 least once each month at the call of the Chair or a 

16 majority of its members. The Commission shall hold 

17 at least one meeting in person in each of 6 months 

18 per year. 

19 (d) DIRECTOR AND STAFF OF COMMISSION.— 

20 (1) DIRECTOR.— 

21 (A) IN GENERAL.—Subject to paragraph 

22 (3) and to the extent provided in advance in ap23 propriation Acts, the Commission shall appoint 

24 and fix the compensation of a director. 


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1 (B) DUTIES.—The director of the Commis2 sion shall be responsible for the administration 

3 and coordination of the duties of the Commis4 sion and shall perform such other duties as the 

5 Commission may direct. 

6 (2) STAFF.—In accordance with rules agreed 

7 upon by the Commission, subject to paragraph (3), 

8 and to the extent provided in advance in appropria9 tion Acts, the director may appoint and fix the com10 pensation of such additional personnel as may be 

11 necessary to enable the Commission to carry out its 

12 duties. 

13 (3) APPLICABILITY OF CERTAIN CIVIL SERVICE

14 LAWS.—The director and staff of the Commission 

15 may be appointed without regard to the provisions 

16 of title 5, United States Code, governing appoint17 ments in the competitive service, and may be com18 pensated without regard to the provisions of chapter 

19 51 and subchapter III of chapter 53 of such title re20 lating to classification and General Schedule pay 

21 rates, except that compensation fixed under para22 graph (1)(A) may not exceed $150,000 per year, 

23 and compensation fixed under paragraph (2) may 

24 not exceed a rate equal to the daily equivalent of the 

25 annual rate of basic pay for level V of the Executive 


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1 Schedule under section 5316 of title 5, United 

2 States Code. 

3 (4) EXPERTS AND CONSULTANTS.—In accord4 ance with rules agreed upon by the Commission and 

5 to the extent provided in advance in appropriation 

6 Acts, the director may procure the services of ex7 perts and consultants under section 3109(b) of title 

8 5, United States Code, but at rates for individuals 

9 not to exceed the daily equivalent of the annual rate 

10 of basic pay for level V of the Executive Schedule 

11 under section 5316 of title 5, United States Code. 

12 (5) STAFF OF FEDERAL AGENCIES.—Upon re13 quest of the Commission, the head of any Federal 

14 department or agency may detail, without reim15 bursement from the Commission, any of the per16 sonnel of that department or agency to the Commis17 sion to assist it in carrying out its duties under this 

18 section. Such detailee shall retain the rights, status, 

19 and privileges of their regular employment without 

20 interruption. 

21 (e) POWERS OF COMMISSION.— 

22 (1) HEARINGS AND EVIDENCE.—The Commis23 sion may, for the purpose of carrying out this sec24 tion, hold hearings, sit and act at times and places, 

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1 sion considers appropriate. The Commission may ad2 minister oaths or affirmations to witnesses appear3 ing before it. 

4 (2) POWERS OF MEMBERS AND AGENTS.—Any 

5 member or agent of the Commission may, if author6 ized by the Commission, take any action which the 

7 Commission is authorized to take under this section. 

8 (3) OBTAINING OFFICIAL DATA.—The Commis9 sion may secure directly from any department or 

10 agency of the United States information necessary 

11 to enable it to carry out this Act. Upon request of 

12 the Chair of the Commission, the head of that de13 partment or agency shall, to the extent authorized 

14 by law, furnish such information to the Commission. 

15 (4) GIFTS, BEQUESTS, AND DEVISES.—The 

16 Commission may accept, use, and dispose of gifts, 

17 bequests, or devises of services or property, both real 

18 and personal, for the purpose of aiding or facili19 tating the work of the Commission. Gifts, bequests, 

20 or devises of money and proceeds from sales of other 

21 property received as gifts, bequests, or devises shall 

22 be deposited in the Treasury and shall be available 

23 for disbursement upon order of the Chair of the 

24 Commission. 


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1 (5) MAILS.—The Commission may use the 

2 United States mails in the same manner and under 

3 the same conditions as other departments and agen4 cies of the United States. 

5 (6) ADMINISTRATIVE SUPPORT SERVICES.— 

6 Upon the request of the Commission, the Adminis7 trator of General Services shall provide to the Com8 mission, on a reimbursable basis, the administrative 

9 support services necessary for the Commission to 

10 carry out its responsibilities under this section. 

11 (7) CONTRACT AUTHORITY.—To the extent or 

12 in the amounts provided in advance in appropriation 

13 Acts, the Commission may contract with and com14 pensate government and private agencies or persons 

15 to enable the Commission to discharge its duties 

16 under this Act. 

17 (f) REPORTS.—The Commission shall issue to Con18 gress periodic reports on the following, as the Commission 

19 considers appropriate: 

20 (1) The assessment of the competitiveness of 

21 the United States under subsection (b)(1)(A). 

22 (2) The markets and technologies identified 

23 under subsection (b)(1)(B). 


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1 (3) The measures identified under subsection 

2 (b)(1)(C), and any factors affecting the implementa3 tion of such measures, including— 

4 (A) proposed trade agreements and the en5 forcement of existing trade agreements; 

6 (B) taxation; 

7 (C) cybersecurity; 

8 (D) the United States patent system; 

9 (E) intellectual property laws and the en10 forcement of such laws; 

11 (F) education, including vocational train12 ing; 

13 (G) research and development programs; 

14 and 

15 (H) infrastructure. 

16 (4) Such other reports as are requested by 

17 members of Congress or congressional committees. 

18 (g) TERMINATION.—The authority for the Commis19 sion provided in this section shall terminate and the Com20 mission shall be dissolved on September 30, 2016. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $1,000,000 for each of the fiscal years 2012 through 

24 2016. No amount is authorized to carry out this section 

25 for a fiscal year unless the appropriation for the Economic 


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1 Development Administration for such fiscal year is re2 duced by an amount equal to the amount appropriated to 

3 carry out this section for such fiscal year. 

4 SEC. 5. PUBLIC WORKS AND ECONOMIC DEVELOPMENT 

5 ACT OF 1965 ASSISTANCE ELIGIBILITY. 

6 (a) GRANTS FOR PUBLIC WORKS AND ECONOMIC

7 DEVELOPMENT.—Section 201(a) of the Public Works and 

8 Economic Development Act of 1965 (42 U.S.C. 3141(a)) 

9 is amended— 

10 (1) in paragraph (1) by striking ‘‘and’’ at the 

11 end; 

12 (2) in paragraph (2) by striking the period at 

13 the end and inserting a semicolon; and 

14 (3) by adding at the end the following: 

15 ‘‘(3) projects to facilitate the relocation, to the 

16 United States, of a source of employment located 

17 outside the United States; and 

18 ‘‘(4) projects to facilitate the growth of the 

19 manufacturing sector or the customer service sec20 tor.’’. 

21 (b) BASE CLOSINGS AND REALIGNMENTS.—Section 

22 202 of the Public Works and Economic Development Act 

23 of 1965 (42 U.S.C. 3142) is amended by inserting after 

24 ‘‘or realignment’’ the following: ‘‘, including a project to 

25 facilitate the relocation, to the United States, of a source 


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1 of employment located outside the United States or to fa2 cilitate the growth of the manufacturing sector or the cus3 tomer service sector,’’. 

4 (c) GRANTS FOR PLANNING AND GRANTS FOR AD5 MINISTRATIVE EXPENSES.—Section 203(a) of the Public 

6 Works and Economic Development Act of 1965 (42 

7 U.S.C. 3143(a)) is amended by inserting after ‘‘economic 

8 development planning’’ the following: ‘‘, including plan9 ning with respect to projects to facilitate the relocation, 

10 to the United States, of a source of employment located 

11 outside the United States or to facilitate the growth of 

12 the manufacturing sector or the customer service sector,’’. 

13 (d) GRANTS FOR TRAINING, RESEARCH, AND TECH14 NICAL ASSISTANCE.—Section 207(a)(2) of the Public 

15 Works and Economic Development Act of 1965 (42 

16 U.S.C. 3147(a)(2)) is amended— 

17 (1) by striking subparagraph (H); 

18 (2) by redesignating subparagraph (I) as sub19 paragraph (K); and 

20 (3) by inserting after subparagraph (G) the fol21 lowing: 

22 ‘‘(H) assessment, marketing, and establish23 ment of business clusters; 


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1 ‘‘(I) activities to facilitate the relocation, to 

2 the United States, of a source of employment 

3 located outside the United States; 

4 ‘‘(J) activities to facilitate the growth of 

5 the manufacturing sector or the customer serv6 ice sector; and’’. 

7 (e) GRANTS FOR ECONOMIC ADJUSTMENT.—Section 

8 209(a) of the Public Works and Economic Development 

9 Act of 1965 (42 U.S.C. 3149(a)) is amended by inserting 

10 after ‘‘loan fund),’’ the following: ‘‘projects to facilitate the 

11 relocation, to the United States, of a source of employment 

12 located outside the United States, projects to facilitate the 

13 growth of the manufacturing sector or the customer serv14 ice sector,’’. 

15 SEC. 6. STUDY OF TAX PROVISIONS TO ENCOURAGE REPA16 TRIATION OF UNITED STATES JOBS. 

17 (a) IN GENERAL.—The Secretary of the Treasury, in 

18 consultation with the Secretary of Commerce, shall con19 duct a study on the feasibility and potential impact of new 

20 tax provisions to encourage United States companies to 

21 return jobs to the United States. Such study shall in22 clude— 

23 (1) a review of— 

24 (A) the past effectiveness of section 956 of 

25 the Internal Revenue Code of 1986, and 


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1 (B) the potential effectiveness of other tax 

2 provisions which would encourage the repatri3 ation foreign earnings, and 

4 (2) an estimate of the loss in tax revenue asso5 ciated with any provision for each job created. 

6 (b) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Secretary of the Treasury 

8 shall submit to Congress a report of such study. 

9 SEC. 7. PATENT PROTECTION AND PRIORITIZATION. 

10 (a) PRE-PUBLICATION OF ABSTRACTS ONLY.—Sec11 tion 122 of title 35, United States Code, is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A)— 

15 (I) by striking ‘‘, each application 

16 for a patent’’ and inserting ‘‘and with 

17 respect to an application for a patent, 

18 the abstract included with such appli19 cation’’; and 

20 (II) by striking ‘‘an application’’ 

21 and inserting ‘‘an abstract’’; 

22 (ii) in subparagraph (B), by striking 

23 ‘‘patent applications’’ each place it appears 

24 and inserting ‘‘abstracts included with pat25 ent applications’’; and 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘patent application’’ each place it appears 

3 and inserting ‘‘abstract included with a 

4 patent application’’; and 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘An application’’ and inserting ‘‘An ab8 stract included with an application’’; 

9 (ii) in subparagraph (B)— 

10 (I) in clause (i), by striking ‘‘the 

11 application’’ and inserting ‘‘the ab12 stract included with the application’’; 

13 and 

14 (II) in clause (iv), by striking 

15 ‘‘the application’’ and inserting ‘‘the 

16 abstract included with the applica17 tion’’; and 

18 (iii) by striking clause (v); 

19 (2) by striking subsection (c); 

20 (3) by redesignating subsection (d) as sub21 section (c); and 

22 (4) in subsection (c), as so redesignated, by 

23 striking ‘‘No application’’ and inserting ‘‘No ab24 stract included with an application’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) TABLE OF CONTENTS.—The table of con2 tents for chapter 11 of part 2 of title 35, United 

3 States Code, is amended in the item relating to sec4 tion 122 by inserting before ‘‘patent applications’’ 

5 the following: ‘‘abstracts included with’’. 

6 (2) PUBLICATIONS.—Section 10 of title 35, 

7 United States Code, is amended by striking ‘‘pub8 lished applications’’ and inserting ‘‘published ab9 stracts included with applications’’. 

10 (3) ABSTRACT DEFINITION.—Section 100 of 

11 title 35, United States Code, is amended by adding 

12 at the end the following new subsection: 

13 ‘‘(f) The term ‘abstract’ shall have the meaning given 

14 such term, by regulation, by the Director.’’. 

15 (4) CONDITIONS FOR PATENTABILITY.—Section 

16 102(e) of title 35, United States Code, is amended 

17 to read as follows: 

18 ‘‘(e) the invention was described in— 

19 ‘‘(1) a patent granted on an application for pat20 ent by another in an international application filed 

21 under the treaty defined in section 351(a); and 

22 ‘‘(2) such application designated the United 

23 States and was published under Article 21(2) of 

24 such treaty in the English language; or’’. 


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1 (5) INTERFERENCES.—Section 135(b) of title 

2 35, United States Code, is amended to read as fol3 lows: 

4 ‘‘(b) A claim which is the same as, or for the same 

5 or substantially the same subject matter as, a claim of 

6 an issued patent may not be made in any application un7 less such a claim is made prior to one year from the date 

8 on which the patent was granted.’’. 

9 (6) PROVISIONAL RIGHTS.—Section 154(d)(1) 

10 of title 35, United States Code, is amended— 

11 (A) by striking ‘‘publication of the applica12 tion for such patent under section 122(b), or in 

13 the case of’’; and 

14 (B) by striking ‘‘, the date of publication 

15 of the application’’. 

16 (7) SECRECY OF CERTAIN INVENTIONS.—Sec17 tion 181 of title 35, United States Code, is amend18 ed— 

19 (A) by striking ‘‘publication of an applica20 tion’’ each place it appears and inserting ‘‘pub21 lication of an abstract included with an applica22 tion’’; and 

23 (B) by striking ‘‘publication of the applica24 tion’’ each place it appears and inserting ‘‘pubVerDate Mar 15 2010 02:04 Feb 05, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H516.IH H516

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1 lication of the abstract included with the appli2 cation’’. 

3 (c) PRIORITIZATION FOR HIGHER EDUCATION INSTI4 TUTIONS.—Section 131 of title 35, United States Code, 

5 is amended— 

6 (1) by striking ‘‘The Director’’ and inserting 

7 the following: 

8 ‘‘(a) IN GENERAL.—The Director’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) PRIORITY OF EXAMINATION FOR CERTAIN AP12 PLICATIONS.—The Director shall give priority to the ex13 amination of an application made by an applicant that 

14 is— 

15 ‘‘(1) an institution of higher education, as such 

16 term is defined under section 101(a) of the Higher 

17 Education Act of 1965 (20 U.S.C. 1001(a)); or 

18 ‘‘(2) a patent holding company affiliated with 

19 such an institution.’’. 

Æ 


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