text: SECTION 1. SHORT TITLE.
  
      This Act shall be cited as the ``Bring Jobs Back to America: 
  Strategic Manufacturing & Job Repatriation Act''.
  
  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 advantage.
              (4) Technology spatial mapping.--The term ``technology 
          spatial mapping'' means identifying the full set of present and 
          emerging technologies whose dimensions dictate how a technology 
          may be acquired and utilized for a competitive advantage.
  
  SEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY.
  
      (a) Requirement.--Not more than 180 days following 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 
  advantages. The strategy shall also include:
              (1) An analysis of progress made since the release of the 
          Secretary's 2004 report: ``Manufacturing in America: A 
          Comprehensive Strategy to Address 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 following enactment, and 
  every second year thereafter, the Secretary shall conduct a survey of 
  American firms:
              (1) The survey shall, at a minimum, identify--
                      (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 ineligible to 
          receive Federal contracts or assistance.
              (3) The Secretary shall create and maintain a database 
          based on the information provided in response to the annual 
          survey of American firms.
              (4) The Secretary shall report to Congress on the results 
          of the annual survey, including longitudinal trends in American 
          manufacturing and the repatriation of jobs.
      (c) Authorizes such sums as necessary.
  
  SEC. 4. REPATRIATION TASK FORCES.
  
      (a) Requirement.--The U.S. Secretary of Commerce 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:
              (1) Proactively and regularly identify American firms 
          interested in repatriating production or services to the United 
          States.
              (2) Identify the unique needs of the firm necessary to 
          facilitate the repatriation.
              (3) Identify and assist State governments to facilitate 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 repatriation 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 Repatriation Task Forces, and 
          all Federal assistance available to firms and State and county 
          economic development agencies.
              (7) Develop a computer-based program to help firms 
          understand the total cost of ownership of locating facilities 
          inside the United States as compared 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 Administration, 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 commission 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 manufacturing, information technology, 
          energy, and biotechnology 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-based planning'', emerging 
          technologies, and American economic competitiveness, 
          specifically with regard 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, research 
          and development programs, and infrastructure, and produce 
          reports requested by Members of Congress or congressional 
          committees.
              (3) Requirement.--The Commission shall oversee the 
          development and operation of a computer-based, accurate, 
          precise and detailed ``technology spatial mapping'' program. 
          This tool will be used to catalogue, monitor, and anticipate 
          emerging trends in technology to support the commission's 
          reporting on developing American comparative advantages in a 
          timely manner as new technology develops.
      (c) Membership.--The Commission shall be composed of 12 members, 
  with the majority and minority leaders 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 
  reappointed twice.
      (d) Leadership of Commission.--The Commissioners 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 appropriation Acts, 
                  the Commission shall appoint and fix the pay 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 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 appropriation 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 appointments in the competitive service, and may be 
          paid 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 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) Detailees.--Any Federal Government employee 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 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 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.--
              (1) Hearings and evidence.--The Commission 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 
          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) 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.
              (4) 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 Act.
              (5) Contract authority.--To the extent provided in advance 
          in appropriation Acts, the Commission may enter into contracts 
          to enable the Commission to discharge its duties under this 
          Act.
              (6) Gifts.--The Commission may accept, use, and dispose of 
          gifts or donations of services or property.
      (g) Authorizes such sums as necessary.
  
  SEC. 6. REPATRIATION TAX INCENTIVE STUDY.
  
      (a) Requirement.--The U.S. Secretary of Commerce shall, in 
  conjunction with the Commissioner of the U.S. Internal Revenue Service 
  study the impact and feasibility of a tax incentive to encourage firms 
  to repatriate jobs and report back to Congress within 180 days of 
  enactment.
      (b) The study shall:
              (1) Examine the merits of a tax incentive to encourage 
          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.
  
  SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION 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 ``repatriation'' for purposes.
  
  SEC. 8. 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.''.
  
  SEC. 9. EFFECTIVE DATE.
  
      The amendments made by this Act shall take effect upon enactment of 
  this Act.
target: Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act - Directs the Secretary of Commerce to create a comprehensive national manufacturing strategy to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages.
  
  Requires the Secretary to: (1) identify U.S. firms maintaining facilities and jobs outside the United States; and (2) establish multiple Repatriation Task Forces to promote repatriation (return of a job or facility from a foreign country location to a U.S. location) in accordance with established targets for job repatriation and manufacturing growth.
  
  Establishes the American Economic Security Commission to study and report to Congress on policy relating to American competitiveness and technology-based planning to bolster it.
  
  Directs the Secretary, in conjunction with the Commissioner of Internal Revenue, to study and report to Congress on the impact and feasibility of a tax incentive to encourage firms to repatriate jobs back to the United States.
  
  Amends federal patent law to revise requirements regarding the publication of patent applications. Requires abstracts (short summaries of inventions) included with patent applications (instead of the patent applications themselves, as under current law) to be published 18 months after the earliest filing date of the application.
  
  Repeals certain requirements relating to: (1) submission of a redacted copy of an application; and (2) procedures to prevent protest and pre-issuance opposition to the grant of a patent.
  
  Requires the Director of the U.S. Patent and Trademark Office to give priority to the examination of a patent application by an institution of higher education or a patent holding company affiliated with such an institution.
feat_title: To amend federal law to encourage the repatriation of jobs to the United States, and for other purposes.