I 

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. 

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 shall be cited as the ‘‘Bring Jobs Back to 

5 America: Strategic Manufacturing & Job Repatriation 

6 Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 For purposes of this Act: 

3 (1) REPATRIATION.—The term ‘‘repatriation’’ 

4 means, with respect to a firm’s job or facility, as the 

5 act of returning from a location in a foreign country 

6 to a location within the United States of America. 

7 (2) COMPARATIVE ADVANTAGE.—The term 

8 ‘‘comparative advantage’’ means, with respect to a 

9 country’s industrial base, an environment in which a 

10 country’s private industry may produce a good at a 

11 lower opportunity cost than a competitor. 

12 (3) TECHNOLOGY-BASED PLANNING.—The term 

13 ‘‘technology-based planning’’ means the process by 

14 which the Government may promote the acquisition 

15 and utilization of technology to excel at satisfying a 

16 customer need to generate a national competitive ad17 vantage. 

18 (4) TECHNOLOGY SPATIAL MAPPING.—The 

19 term ‘‘technology spatial mapping’’ means identi20 fying the full set of present and emerging tech21 nologies whose dimensions dictate how a technology 

22 may be acquired and utilized for a competitive ad23 vantage. 


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1 SEC. 3. NATIONAL MANUFACTURING & REPATRIATION 

2 STRATEGY. 

3 (a) REQUIREMENT.—Not more than 180 days fol4 lowing enactment, the U.S. Secretary of Commerce shall 

5 create a comprehensive national manufacturing strategy 

6 designed to increase overall domestic production, create 

7 private sector jobs, and identify emerging technologies to 

8 strengthen American competitiveness and comparative ad9 vantages. The strategy shall also include: 

10 (1) An analysis of progress made since the re11 lease of the Secretary’s 2004 report: ‘‘Manufac12 turing in America: A Comprehensive Strategy to Ad13 dress the Challenges to U.S. Manufacturers’’. 

14 (2) Targets, established by the Secretary, for 

15 manufacturing sector growth, including a subset of 

16 targets for repatriated jobs to the United States, for 

17 fiscal years 2011, 2012, 2013, 2014, and 2015. 

18 (3) A survey of all existing Federal programs 

19 supporting manufacturing and recommendations on 

20 how the department or the Congress may better 

21 align such programs to support the strategy. 

22 (b) REQUIREMENT.—Not more than 180 days fol23 lowing enactment, and every second year thereafter, the 

24 Secretary shall conduct a survey of American firms: 

25 (1) The survey shall, at a minimum, identify— 


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1 (A) firms which maintain manufacturing, 

2 design or support service facilities outside of 

3 the United States; and 

4 (B) categories of products manufactured at 

5 such facilities and number of jobs located at 

6 such overseas facilities. 

7 (2) The survey shall provide that any American 

8 firms choosing not to complete the survey will be in9 eligible to receive Federal contracts or assistance. 

10 (3) The Secretary shall create and maintain a 

11 database based on the information provided in re12 sponse to the annual survey of American firms. 

13 (4) The Secretary shall report to Congress on 

14 the results of the annual survey, including longitu15 dinal trends in American manufacturing and the re16 patriation of jobs. 

17 (c) Authorizes such sums as necessary. 

18 SEC. 4. REPATRIATION TASK FORCES. 

19 (a) REQUIREMENT.—The U.S. Secretary of Com20 merce shall establish multiple ‘‘Repatriation Task Forces’’ 

21 to promote repatriation in accordance with the Secretary’s 

22 established targets for job repatriation and manufacturing 

23 growth. The task forces shall: 


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1 (1) Proactively and regularly identify American 

2 firms interested in repatriating production or serv3 ices to the United States. 

4 (2) Identify the unique needs of the firm nec5 essary to facilitate the repatriation. 

6 (3) Identify and assist State governments to fa7 cilitate a mutually beneficial repatriation of the 

8 firm’s facility and/or jobs to the United States. 

9 (4) Work with any other Federal agencies on a 

10 case-by-case basis to provide technical assistance to 

11 the firm or the State necessary to facilitate the repa12 triation of the facility and/or jobs to the United 

13 States. 

14 (5) Serve as a resource to State governments 

15 and act as an impartial advocate for all States 

16 choosing to compete for a firm’s facility as part of 

17 its repatriation. 

18 (6) Educate firms and States on the National 

19 Manufacturing and Repatriation Strategy, the Repa20 triation Task Forces, and all Federal assistance 

21 available to firms and State and county economic de22 velopment agencies. 

23 (7) Develop a computer-based program to help 

24 firms understand the total cost of ownership of loVerDate Mar 15 2010 00:58 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5980.IH H5980

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1 cating facilities inside the United States as com2 pared to foreign countries. 

3 (b) MEMBERS.—Each task force shall be comprised 

4 of, at a minimum, representatives from the Office of the 

5 Secretary of Commerce, the Economic Development Ad6 ministration, the International Trade Administration, the 

7 U.S. Patent and Trademark Office, National Institute of 

8 Standards and Technology, and Bureau of Industry and 

9 Security. 

10 (c) Authorizes such sums as necessary. 

11 SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION. 

12 (a) ESTABLISHMENT.—There is established a com13 mission to be known as the ‘‘American Economic Security 

14 Commission’’ (hereinafter in this Act referred to as the 

15 ‘‘Commission’’). 

16 (b) DUTIES OF COMMISSION.— 

17 (1) IN GENERAL.—The Commission shall study 

18 and make recommendations on policy relating to 

19 American competitiveness, particularly in the manu20 facturing, information technology, energy, and bio21 technology sectors of the global economy, as well as 

22 study ‘‘technology-based planning’’ policies to bolster 

23 American economic competitiveness. 

24 (2) REPORTS.—The Commission shall issue 

25 periodic reports on issues surrounding ‘‘technologyVerDate Mar 15 2010 00:58 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5980.IH H5980

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1 based planning’’, emerging technologies, and Amer2 ican economic competitiveness, specifically with re3 gard to a new trade agreement and the enforcement 

4 of existing trade agreements, taxation, cybersecurity, 

5 the U.S. patent system, intellectual property laws 

6 and enforcement, vocational training, education, re7 search and development programs, and infrastruc8 ture, and produce reports requested by Members of 

9 Congress or congressional committees. 

10 (3) REQUIREMENT.—The Commission shall 

11 oversee the development and operation of a com12 puter-based, accurate, precise and detailed ‘‘tech13 nology spatial mapping’’ program. This tool will be 

14 used to catalogue, monitor, and anticipate emerging 

15 trends in technology to support the commission’s re16 porting on developing American comparative advan17 tages in a timely manner as new technology devel18 ops. 

19 (c) MEMBERSHIP.—The Commission shall be com20 posed of 12 members, with the majority and minority lead21 ers of the Senate, and the Speaker and the minority leader 

22 of the House each selecting three commissioners. The 

23 Commissioners shall serve two-year terms and may be re24 appointed twice. 


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1 (d) LEADERSHIP OF COMMISSION.—The Commis2 sioners shall elect a chairman and a vice-chairman every 

3 other year. The chair and vice-chair may not have been 

4 appointed by members of the same political party. 

5 (e) DIRECTOR AND STAFF OF COMMISSION.— 

6 (1) DIRECTOR.— 

7 (A) IN GENERAL.—Subject to paragraph 

8 (3) and to the extent provided in advance in ap9 propriation Acts, the Commission shall appoint 

10 and fix the pay of a director. 

11 (B) DUTIES.—The director of the Commis12 sion shall be responsible for the administration 

13 and coordination of the duties of the Commis14 sion and shall perform other such duties as the 

15 Commission may direct. 

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

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

18 and to the extent provided in advance in appropria19 tion Acts, the director may appoint and fix the pay 

20 of additional personnel. 

21 (3) APPLICABILITY OF CERTAIN CIVIL SERVICE

22 LAWS.—The director and staff of the Commission 

23 may be appointed without regard to the provisions 

24 of title 5, United States Code, governing appoint25 ments in the competitive service, and may be paid 


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1 without regard to the provisions of chapter 51 and 

2 subchapter III of chapter 53 of that title relating to 

3 classification and General Schedule pay rates, except 

4 that pay fixed under paragraph (1) may not exceed 

5 $150,000 per year and pay fixed under paragraph 

6 (2) may not exceed a rate equal to the daily equiva7 lent of the annual rate of basic pay for level V of 

8 the Executive Schedule under section 5316 of title 

9 5, United States Code. 

10 (4) DETAILEES.—Any Federal Government em11 ployee may be detailed to the Commission without 

12 reimbursement from the Commission, and such 

13 detailee shall retain the rights, status, and privileges 

14 of their regular employment without interruption. 

15 (5) EXPERTS AND CONSULTANTS.—In accord16 ance with rules agreed upon by the Commission and 

17 to the extent provided in advance in appropriation 

18 Acts, the director may procure the services of ex19 perts and consultants under section 3109(b) of title 

20 5, United States Code, but at rates not to exceed the 

21 daily equivalent of the annual rate of basic pay for 

22 level V of the Executive Schedule under section 5316 

23 of title 5, United States Code. 

24 (f) POWERS OF COMMISSION.— 


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1 (1) HEARINGS AND EVIDENCE.—The Commis2 sion may, for the purpose of carrying out this Act, 

3 hold such hearings in addition to the town hall style 

4 public hearings, sit and act at such times and 

5 places, take such testimony, and receive such evi6 dence as the Commission considers appropriate. The 

7 Commission may administer oaths or affirmations to 

8 witnesses appearing before it. 

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

10 member or agent of the Commission may, if author11 ized by the Commission, take any action which the 

12 Commission is authorized to take under this section. 

13 (3) MAILS.—The Commission may use the 

14 United States mails in the same manner and under 

15 the same conditions as other departments and agen16 cies of the United States. 

17 (4) ADMINISTRATIVE SUPPORT SERVICES.— 

18 Upon the request of the Commission, the Adminis19 trator of General Services shall provide to the Com20 mission, on a reimbursable basis, the administrative 

21 support services necessary for the Commission to 

22 carry out its responsibilities under this Act. 

23 (5) CONTRACT AUTHORITY.—To the extent pro24 vided in advance in appropriation Acts, the CommisVerDate Mar 15 2010 00:58 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5980.IH H5980

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1 sion may enter into contracts to enable the Commis2 sion to discharge its duties under this Act. 

3 (6) GIFTS.—The Commission may accept, use, 

4 and dispose of gifts or donations of services or prop5 erty. 

6 (g) Authorizes such sums as necessary. 

7 SEC. 6. REPATRIATION TAX INCENTIVE STUDY. 

8 (a) REQUIREMENT.—The U.S. Secretary of Com9 merce shall, in conjunction with the Commissioner of the 

10 U.S. Internal Revenue Service study the impact and feasi11 bility of a tax incentive to encourage firms to repatriate 

12 jobs and report back to Congress within 180 days of en13 actment. 

14 (b) The study shall: 

15 (1) Examine the merits of a tax incentive to en16 courage repatriation that would waive all Federal 

17 taxes on the return of offshore, untaxed profits to a 

18 ratio of domestic jobs created. 

19 (2) Consider a ratio of $1 billion in tax relief 

20 relative to 14,000 jobs repatriated or created in the 

21 United States, as well as other ratios the Secretary 

22 and Commissioner may determine. 


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1 SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRI2 ATION PURPOSES. 

3 (a) ELIGIBILITY.—To amend title 42, United States 

4 Code, to include a definition of ‘‘repatriation’’ for purposes 

5 of public works, economic development planning and local 

6 government demonstration programs. 

7 (b) ELIGIBILITY.—To amend title 15, United States 

8 Code, subsection 7506 to include a definition of ‘‘repatri9 ation’’ for purposes. 

10 SEC. 8. PATENT PROTECTION AND PRIORITIZATION. 

11 (a) PRE-PUBLICATION OF ABSTRACTS ONLY.—Sec12 tion 122 of title 35, United States Code, is amended— 

13 (1) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘each application 

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

18 respect to an application for a patent, 

19 the abstract included with such appli20 cation’’; and 

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

22 and inserting ‘‘an abstract’’; 

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

24 ‘‘patent applications’’ each place it appears 

25 and inserting ‘‘abstracts included with pat26 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: ‘‘(f) The 

13 term ‘abstract’ shall have the meaning given such 

14 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 such 

24 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 of 

15 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 00:58 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5980.IH H5980

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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: ‘‘(a) IN GENERAL.—The Director’’; 

8 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.’’. 

20 SEC. 9. EFFECTIVE DATE. 

21 The amendments made by this Act shall take effect 

22 upon enactment of this Act. 

Æ 


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