I 

116TH CONGRESS 

1ST SESSION H. R. 3837 

To establish the National Fab Lab Network, a federally chartered organization consisting of a national network of local digital fabrication facilities 

providing universal access to advanced manufacturing tools for workforce 

development, STEM education, developing inventions, creating businesses, producing personalized products, mitigating risks, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2019 

Mr. FOSTER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To establish the National Fab Lab Network, a federally 

chartered organization consisting of a national network 

of local digital fabrication facilities providing universal 

access to advanced manufacturing tools for workforce 

development, STEM education, developing inventions, 

creating businesses, producing personalized products, 

mitigating risks, 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, 


jspears on DSK3GMQ082PROD with BILLS
2 

•HR 3837 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Fab Lab Net3 work Act of 2019’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Scientific discoveries and technical innova7 tions are critical to the economic and national secu8 rity of the United States. 

9 (2) Maintaining the leadership of the United 

10 States in science, technology, engineering, and math11 ematics will require a diverse population with the 

12 skills, interest, and access to tools required to ad13 vance these fields. 

14 (3) Just as earlier digital revolutions in commu15 nications and computation provided individuals with 

16 the internet and personal computers, a digital revo17 lution in fabrication will allow anyone to make al18 most anything, anywhere. 

19 (4) These creations include elements of a typ20 ical household basket of goods (furnishings, apparel, 

21 food production equipment, shelter, transportation, 

22 education and communication, recreation, and other 

23 goods and services), personal technology, means for 

24 personal expression, the production of digital fab25 rication machinery, community design, and manufac26 turing capability. 


jspears on DSK3GMQ082PROD with BILLS
3 

•HR 3837 IH

1 (5) The Center for Bits and Atoms of the Mas2 sachusetts Institute of Technology (CBA) has con3 tributed significantly to the advancement of these 

4 goals through its work in creating and advancing 

5 digital fabrication facilities, or ‘‘fab labs’’ in the 

6 United States and abroad. 

7 (6) Such digital fabrication facilities may in8 clude MakerSpaces, Hackerspaces, and other cre9 ative spaces that use digital fabrication as a plat10 form for education, innovation, entrepreneurship, 

11 personal expression, public access, and social impact. 

12 (7) Such digital fabrication facilities provide a 

13 model for a new kind of national laboratory that op14 erates as a network, linking local facilities for ad15 vanced manufacturing, providing universal access, 

16 cultivating new literacies, and empowering commu17 nities. 

18 (8) The nonprofit Fab Foundation was estab19 lished to support the growth of the international net20 work of digital fabrication facilities, to amplify the 

21 educational, entrepreneurial, and social impacts of 

22 digital fabrication facilities, and to support the de23 velopment of regional capacity building organizations 

24 to broaden impact as well as address local, regional, 


jspears on DSK3GMQ082PROD with BILLS
4 

•HR 3837 IH

1 and global challenges through the use of digital fab2 rication technologies. 

3 (9) A coordinated array of national public-pri4 vate partnerships will be the most effective way to 

5 accelerate the provision of universal access to this 

6 infrastructure for workforce development, science, 

7 technology, engineering, and mathematics education, 

8 developing inventions, creating businesses, producing 

9 personalized products, and mitigating risks. 

10 SEC. 3. NATIONAL FAB LAB NETWORK. 

11 Part B of subtitle II of title 36, United States Code, 

12 is amended by adding at the end the following new chap13 ter: 

14 ‘‘CHAPTER 2501—NATIONAL FAB LAB 

15 NETWORK 

‘‘CHAPTER 2501—NATIONAL FAB LAB NETWORK

‘‘Sec. 

‘‘250101. Definitions. 

‘‘250102. Organization. 

‘‘250103. Goals and activities. 

‘‘250104. Membership and organization. 

‘‘250105. Governing body. 

‘‘250106. Powers. 

‘‘250107. Exclusive right to name, term, seals, emblems, and badges. 

‘‘250108. Restrictions. 

‘‘250109. Records and inspection. 

‘‘250110. Duty to maintain tax exempt status. 

‘‘250111. Liability for acts of officers and agents. 

‘‘250112. Annual report. 

16 ‘‘§ 250101. Definitions 

17 ‘‘In this chapter: 


jspears on DSK3GMQ082PROD with BILLS
5 

•HR 3837 IH

1 ‘‘(1) CORPORATION.—The term ‘corporation’ 

2 means the National Fab Lab Network. 

3 ‘‘(2) FAB LAB.—The term ‘fab lab’ means a fa4 cility that— 

5 ‘‘(A) contains the range of capabilities re6 quired to create form and function from digital 

7 designs, including— 

8 ‘‘(i) computer-controlled machines for 

9 additive and subtractive fabrication proc10 esses; 

11 ‘‘(ii) tools and components for manu12 facturing and programming electronic cir13 cuits; 

14 ‘‘(iii) materials and methods for short15 run production; and 

16 ‘‘(iv) workflows for three-dimensional 

17 design and digitization; and 

18 ‘‘(B) is committed to supporting education, 

19 innovation, entrepreneurship, personal expres20 sion, self-sufficiency, and social impact for its 

21 community through digital fabrication. 

22 ‘‘§ 250102. Organization 

23 ‘‘(a) ESTABLISHMENT.—There is hereby established 

24 the National Fab Lab Network. 


jspears on DSK3GMQ082PROD with BILLS
6 

•HR 3837 IH

1 ‘‘(b) FEDERAL CHARTER.—The National Fab Lab 

2 Network is a federally chartered corporation. 

3 ‘‘(c) PLACE OF INCORPORATION.—The corporation is 

4 declared to be a nonprofit corporation incorporated in the 

5 District of Columbia. 

6 ‘‘(d) PERPETUAL EXISTENCE.—Except as otherwise 

7 provided, the corporation shall have perpetual succession. 

8 ‘‘§ 250103. Goals and activities 

9 ‘‘(a) GOALS.—The goals of the corporation are as fol10 lows: 

11 ‘‘(1) To foster current and future fab labs. 

12 ‘‘(2) To create a national network of connected 

13 local fab labs to empower individuals and commu14 nities in the United States. 

15 ‘‘(3) To foster the use of distributed digital fab16 rication tools— 

17 ‘‘(A) to promote science, technology, engi18 neering and math skills; 

19 ‘‘(B) to increase invention and innovation; 

20 ‘‘(C) to create businesses and jobs; 

21 ‘‘(D) to fulfill personal, professional, and 

22 community needs; 

23 ‘‘(E) to create value and mitigate harm; 

24 ‘‘(F) to increase self-sufficiency for individ25 uals, households, and communities; 


jspears on DSK3GMQ082PROD with BILLS
7 

•HR 3837 IH

1 ‘‘(G) to reduce dependency on global sup2 ply chains; and 

3 ‘‘(H) to align workforce development with 

4 new and emerging jobs. 

5 ‘‘(4) To provide a platform for education, re6 search, and for catalyzing new methods in science, 

7 technology, engineering, and mathematics education, 

8 and introducing digital fabrication as an essential 

9 new literacy. 

10 ‘‘(5) To create new ways of educating the work11 force that will enable workers to compete in a 21st 

12 century global marketplace. 

13 ‘‘(b) ACTIVITIES.—To attain the goals described in 

14 subsection (a), the corporation shall carry out activities, 

15 including the following: 

16 ‘‘(1) Seeking, initially, to establish a minimum 

17 of one fab lab in each Congressional District. 

18 ‘‘(2) Seeking to establish additional labs within 

19 the network created under subsection (a)(2), in re20 sponse to local demand, and to provide guidelines for 

21 their sustainable operation. 

22 ‘‘(3) Linking fab labs into a national network, 

23 and promoting further expansion of fab labs across 

24 the United States. 


jspears on DSK3GMQ082PROD with BILLS
8 

•HR 3837 IH

1 ‘‘(4) Serving as a resource to assist diverse 

2 public and private stakeholders with the effective op3 eration of fab labs, and the training of fab lab lead4 ers and mentors. 

5 ‘‘(5) Maintaining a national registry of fab labs. 

6 ‘‘(6) Providing standards and protocols for con7 necting fab labs regionally, nationally, and globally. 

8 ‘‘§ 250104. Membership and organization 

9 ‘‘Except as provided in this chapter, eligibility for 

10 membership in the corporation and the rights and privi11 leges of members are as provided in the constitution and 

12 bylaws of the corporation. 

13 ‘‘§ 250105. Governing body 

14 ‘‘(a) IN GENERAL.—Except as provided in subsection 

15 (b), directors, officers, and other staff of the corporation, 

16 and their powers and duties, are as provided in the bylaws 

17 of the corporation. 

18 ‘‘(b) BOARD MEMBERSHIP.— 

19 ‘‘(1) COMPOSITION.—The board of the corpora20 tion shall be composed of not fewer than 7 members 

21 and not more than 15 members. 

22 ‘‘(2) REPRESENTATION.— 

23 ‘‘(A) IN GENERAL.—The membership of 

24 the board of the corporation shall collectively 

25 represent the diversity of fab labs. 


jspears on DSK3GMQ082PROD with BILLS
9 

•HR 3837 IH

1 ‘‘(B) REQUIREMENT.—At a minimum, the 

2 board of the corporation shall be composed of 

3 members from geographic regions across the 

4 United States, Tribal communities, educational 

5 and research institutions, libraries, nonprofit 

6 and commercial organizations, diverse demo7 graphic groups, and the Fab Foundation. 

8 ‘‘(C) INDIVIDUAL REPRESENTATION.—An 

9 individual member of the board of the corpora10 tion may represent more than one board role 

11 and additional roles may be added to reflect the 

12 diversity of the fab lab ecosystem. 

13 ‘‘(3) SELECTION.—The initial board of the cor14 poration shall be chosen, in consultation with the 

15 Fab Foundation and in accordance with paragraph 

16 (2)(A), as follows: 

17 ‘‘(A) Two shall be appointed by the major18 ity leader of the Senate. 

19 ‘‘(B) Two shall be appointed by the minor20 ity leader of the Senate. 

21 ‘‘(C) Two shall be appointed by the Speak22 er of the House of Representatives. 

23 ‘‘(D) Two shall be appointed by the minor24 ity leader of the House of Representatives. 


jspears on DSK3GMQ082PROD with BILLS
10 

•HR 3837 IH

1 ‘‘§ 250106. Powers 

2 ‘‘The corporation may— 

3 ‘‘(1) coordinate the creation of a national net4 work of local fab labs in the United States; 

5 ‘‘(2) issue guidelines for the sustainable oper6 ation of fab labs; 

7 ‘‘(3) issue standards and guidelines for fab 

8 labs; 

9 ‘‘(4) serve as a resource for organizations and 

10 communities seeking to create fab labs by providing 

11 information, assessing suitability, advising on the lab 

12 lifecycle, and maintaining descriptions of prospective 

13 and operating sites; 

14 ‘‘(5) accept funds from private individuals, or15 ganizations, government agencies, or other organiza16 tions; 

17 ‘‘(6) distribute funds to other organizations to 

18 establish and operate fab labs as members of the 

19 corporation; 

20 ‘‘(7) facilitate communication between other or21 ganizations seeking to join the corporation with 

22 operational entities that can source and install fab 

23 labs, provide training, assist with operations, ac24 count for spending, and assess impact; 


jspears on DSK3GMQ082PROD with BILLS
11 

•HR 3837 IH

1 ‘‘(8) communicate the benefits available 

2 through membership in the corporation to commu3 nities and the public; 

4 ‘‘(9) facilitate and participate in synergistic 

5 programs, including workforce training, job creation, 

6 researching the enabling technology and broader im7 pacts of such programs, and the production of civic 

8 infrastructure; 

9 ‘‘(10) develop processes and methods to miti10 gate risks associated with digital fabrication; 

11 ‘‘(11) amend a constitution and bylaws for the 

12 management of its property and the regulation of its 

13 affairs; 

14 ‘‘(12) choose directors, officers, trustees, man15 agers, employees, and agents as the activities of the 

16 corporation require; 

17 ‘‘(13) make contracts; 

18 ‘‘(14) acquire, own, lease, encumber, and trans19 fer property as necessary or convenient to carry out 

20 the purposes of the corporation; 

21 ‘‘(15) borrow money, issue instruments of in22 debtedness, and secure its obligations by granting 

23 security interests in its property; 

24 ‘‘(16) charge and collect membership dues and 

25 subscription fees; and 


jspears on DSK3GMQ082PROD with BILLS
12 

•HR 3837 IH

1 ‘‘(17) sue and be sued. 

2 ‘‘§ 250107. Exclusive right to name, term, seals, em3 blems, and badges 

4 ‘‘The corporation and its participating digital fabrica5 tion labs have the exclusive right to use— 

6 ‘‘(1) the name ‘National Fab Lab Network’; 

7 ‘‘(2) the term ‘fab lab’ as referring to a member 

8 fab lab of the corporation; and 

9 ‘‘(3) any seals, emblems, and badges the cor10 poration adopts. 

11 ‘‘§ 250108. Restrictions 

12 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 

13 not issue securities of any kind or declare or pay a divi14 dend. 

15 ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.—The in16 come or assets of the corporation may not inure to the 

17 benefit of, or be distributed to, a director, officer, or mem18 ber during the life of the charter of the corporation under 

19 this chapter. This subsection does not prevent the pay20 ment of reasonable compensation to an officer or reim21 bursement for actual necessary expenses in amounts ap22 proved by the board of directors. 

23 ‘‘(c) LOANS.—The corporation may not make a loan 

24 to a director, officer, or employee. 


jspears on DSK3GMQ082PROD with BILLS
13 

•HR 3837 IH

1 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU2 THORITY.—The corporation may not claim congressional 

3 approval or the authority of the United States Govern4 ment for any of its activities, but may recognize congres5 sional approval of this charter. 

6 ‘‘§ 250109. Records and inspection 

7 ‘‘(a) RECORDS.—The corporation shall keep— 

8 ‘‘(1) correct and complete records of account; 

9 ‘‘(2) minutes of the proceedings of its members, 

10 board of directors, and committees having any of the 

11 authority of its board of directors; and 

12 ‘‘(3) at its principal office, a record of the 

13 names and addresses of its members entitled to vote. 

14 ‘‘(b) INSPECTIONS.—A member entitled to vote, or an 

15 agent or attorney of the member, may inspect the records 

16 of the corporation for any proper purpose, at any reason17 able time. 

18 ‘‘§ 250110. Duty to maintain tax exempt status 

19 ‘‘The corporation shall maintain its status as an or20 ganization exempt from taxation under the Internal Rev21 enue Code of 1986 (26 U.S.C. 1 et seq.). 

22 ‘‘§ 250111. Liability for acts of officers and agents 

23 ‘‘The corporation is liable for the acts of its officers 

24 and agents acting within the scope of their authority. 


jspears on DSK3GMQ082PROD with BILLS
14 

•HR 3837 IH

1 ‘‘§ 250112. Annual report 

2 ‘‘Not less frequently than once each year, the cor3 poration shall submit to Congress, including specifically 

4 to the Committee on Commerce, Science, and Transpor5 tation of the Senate and the Committee on Science, Space, 

6 and Technology of the House of Representatives, a report 

7 on the activities of the corporation during the prior fiscal 

8 year. The report shall be submitted at the same time as 

9 the report of the audit required by section 10101 of this 

10 title.’’. 

Æ 


jspears on DSK3GMQ082PROD with BILLS