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. MIL-
LER 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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend Federal law to encourage the repatriation of jobs 
to the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act shall be cited as the ‘‘Bring Jobs Back to 
America: Strategic Manufacturing & Job Repatriation 
Act’’. 
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SEC. 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 ad-
vantage. 
(4) TECHNOLOGY
SPATIAL
MAPPING.—The 
term ‘‘technology spatial mapping’’ means identi-
fying the full set of present and emerging tech-
nologies whose dimensions dictate how a technology 
may be acquired and utilized for a competitive ad-
vantage. 
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SEC. 3. NATIONAL MANUFACTURING & REPATRIATION 
STRATEGY. 
(a) REQUIREMENT.—Not more than 180 days fol-
lowing 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 ad-
vantages. The strategy shall also include: 
(1) An analysis of progress made since the re-
lease of the Secretary’s 2004 report: ‘‘Manufac-
turing in America: A Comprehensive Strategy to Ad-
dress 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 fol-
lowing enactment, and every second year thereafter, the 
Secretary shall conduct a survey of American firms: 
(1) The survey shall, at a minimum, identify— 
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(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 in-
eligible to receive Federal contracts or assistance. 
(3) The Secretary shall create and maintain a 
database based on the information provided in re-
sponse to the annual survey of American firms. 
(4) The Secretary shall report to Congress on 
the results of the annual survey, including longitu-
dinal trends in American manufacturing and the re-
patriation of jobs. 
(c) Authorizes such sums as necessary. 
SEC. 4. REPATRIATION TASK FORCES. 
(a) REQUIREMENT.—The U.S. Secretary of Com-
merce 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: 
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(1) Proactively and regularly identify American 
firms interested in repatriating production or serv-
ices to the United States. 
(2) Identify the unique needs of the firm nec-
essary to facilitate the repatriation. 
(3) Identify and assist State governments to fa-
cilitate 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 repa-
triation 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 Repa-
triation Task Forces, and all Federal assistance 
available to firms and State and county economic de-
velopment agencies. 
(7) Develop a computer-based program to help 
firms understand the total cost of ownership of lo-
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cating facilities inside the United States as com-
pared 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 Ad-
ministration, 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. 
SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission 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 manu-
facturing, information technology, energy, and bio-
technology 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- 
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based planning’’, emerging technologies, and Amer-
ican economic competitiveness, specifically with re-
gard 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, re-
search and development programs, and infrastruc-
ture, and produce reports requested by Members of 
Congress or congressional committees. 
(3) REQUIREMENT.—The Commission shall 
oversee the development and operation of a com-
puter-based, accurate, precise and detailed ‘‘tech-
nology spatial mapping’’ program. This tool will be 
used to catalogue, monitor, and anticipate emerging 
trends in technology to support the commission’s re-
porting on developing American comparative advan-
tages in a timely manner as new technology devel-
ops. 
(c) MEMBERSHIP.—The Commission shall be com-
posed of 12 members, with the majority and minority lead-
ers 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 re-
appointed twice. 
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(d) LEADERSHIP
OF COMMISSION.—The Commis-
sioners 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 ap-
propriation Acts, the Commission shall appoint 
and fix the pay of a director. 
(B) DUTIES.—The director of the Commis-
sion shall be responsible for the administration 
and coordination of the duties of the Commis-
sion 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 appropria-
tion 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 appoint-
ments in the competitive service, and may be paid 
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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 equiva-
lent 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 em-
ployee 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 accord-
ance with rules agreed upon by the Commission and 
to the extent provided in advance in appropriation 
Acts, the director may procure the services of ex-
perts 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.— 
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(1) HEARINGS AND EVIDENCE.—The Commis-
sion 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 evi-
dence 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 author-
ized 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 agen-
cies of the United States. 
(4) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, 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 pro-
vided in advance in appropriation Acts, the Commis-
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sion may enter into contracts to enable the Commis-
sion to discharge its duties under this Act. 
(6) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
(g) Authorizes such sums as necessary. 
SEC. 6. REPATRIATION TAX INCENTIVE STUDY. 
(a) REQUIREMENT.—The U.S. Secretary of Com-
merce shall, in conjunction with the Commissioner of the 
U.S. Internal Revenue Service study the impact and feasi-
bility of a tax incentive to encourage firms to repatriate 
jobs and report back to Congress within 180 days of en-
actment. 
(b) The study shall: 
(1) Examine the merits of a tax incentive to en-
courage 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. 
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SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRI-
ATION 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 ‘‘repatri-
ation’’ for purposes. 
SEC. 8. PATENT PROTECTION AND PRIORITIZATION. 
(a) PRE-PUBLICATION OF ABSTRACTS ONLY.—Sec-
tion 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 appli-
cation’’; 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 pat-
ent applications’’; and 
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(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 ab-
stract included with an application’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘the 
application’’ and inserting ‘‘the ab-
stract included with the application’’; 
and 
(II) in clause (iv), by striking 
‘‘the application’’ and inserting ‘‘the 
abstract included with the applica-
tion’’; and 
(iii) by striking clause (v); 
(2) by striking subsection (c); 
(3) by redesignating subsection (d) as sub-
section (c); and 
(4) in subsection (c), as so redesignated, by 
striking ‘‘No application’’ and inserting ‘‘No ab-
stract included with an application’’. 
(b) CONFORMING AMENDMENTS.— 
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(1) TABLE OF CONTENTS.—The table of con-
tents for chapter 11 of part 2 of title 35, United 
States Code, is amended in the item relating to sec-
tion 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 ‘‘pub-
lished applications’’ and inserting ‘‘published ab-
stracts 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 pat-
ent 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’’. 
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(5) INTERFERENCES.—Section 135(b) of title 
35, United States Code, is amended to read as fol-
lows: 
‘‘(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 un-
less 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 applica-
tion 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.—Sec-
tion 181 of title 35, United States Code, is amend-
ed— 
(A) by striking ‘‘publication of an applica-
tion’’ each place it appears and inserting ‘‘pub-
lication of an abstract included with an applica-
tion’’; and 
(B) by striking ‘‘publication of the applica-
tion’’ each place it appears and inserting ‘‘pub-
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lication of the abstract included with the appli-
cation’’. 
(c) PRIORITIZATION FOR HIGHER EDUCATION INSTI-
TUTIONS.—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 sub-
section: 
‘‘(b) PRIORITY OF EXAMINATION FOR CERTAIN AP-
PLICATIONS.—The Director shall give priority to the ex-
amination 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.’’. 
SEC. 9. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
upon enactment of this Act. 
Æ 
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