National Fab Lab Network Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3274 To establish the National Fab Lab Network, a nonprofit organization con- sisting of a national network of local digital fabrication facilities providing universal access to advanced manufacturing tools for workforce develop- ment, STEM education, developing inventions, creating businesses, pro- ducing personalized products, mitigating risks, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2021 Mr. FOSTER (for himself and Mr. YOUNG) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 con- cerned A BILL To establish the National Fab Lab Network, a nonprofit 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 busi- nesses, producing personalized products, mitigating risks, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3274 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Fab Lab Net- 2 work Act of 2021’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) Scientific discoveries and technical innova- 6 tions are critical to the economic and national secu- 7 rity of the United States. 8 (2) Maintaining the leadership of the United 9 States in science, technology, engineering, and math- 10 ematics will require a diverse population with the 11 skills, interest, and access to tools required to ad- 12 vance these fields. 13 (3) Just as earlier digital revolutions in commu- 14 nications and computation provided individuals with 15 the internet and personal computers, a digital revo- 16 lution in fabrication will allow anyone to make al- 17 most anything, anywhere. 18 (4) These creations include elements of a typ- 19 ical household basket of goods (furnishings, apparel, 20 food production equipment, shelter, transportation, 21 education and communication, recreation, and other 22 goods and services), personal technology, means for 23 personal expression, the production of digital fab- 24 rication machinery, community design, and manufac- 25 turing capability. 26 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3274 IH (5) The Center for Bits and Atoms of the Mas- 1 sachusetts Institute of Technology (CBA) has con- 2 tributed significantly to the advancement of these 3 goals through its work in creating and advancing 4 digital fabrication facilities, or ‘‘fab labs’’ in the 5 United States and abroad. 6 (6) Such digital fabrication facilities may in- 7 clude MakerSpaces, Hackerspaces, and other cre- 8 ative spaces that use digital fabrication as a plat- 9 form for education, innovation, entrepreneurship, 10 personal expression, public access, and social impact. 11 (7) Such digital fabrication facilities provide a 12 model for a new kind of national laboratory that op- 13 erates as a network, linking local facilities for ad- 14 vanced manufacturing, providing universal access, 15 cultivating new literacies, and empowering commu- 16 nities. 17 (8) The nonprofit Fab Foundation was estab- 18 lished to support the growth of the international net- 19 work of digital fabrication facilities, to amplify the 20 educational, entrepreneurial, and social impacts of 21 digital fabrication facilities, and to support the de- 22 velopment of regional capacity building organizations 23 to broaden impact as well as address local, regional, 24 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3274 IH and global challenges through the use of digital fab- 1 rication technologies. 2 (9) A coordinated array of national public-pri- 3 vate partnerships will be the most effective way to 4 accelerate the provision of universal access to this 5 infrastructure for workforce development, science, 6 technology, engineering, and mathematics education, 7 developing inventions, creating businesses, producing 8 personalized products, and mitigating risks. 9 SEC. 3. DEFINITION OF FAB LAB. 10 In this Act, the term ‘‘fab lab’’ means a facility 11 that— 12 (1) contains the range of capabilities required 13 to create form and function from digital designs, in- 14 cluding— 15 (A) computer-controlled machines for addi- 16 tive and subtractive fabrication processes; 17 (B) tools and components for manufac- 18 turing and programming electronic circuits; 19 (C) materials and methods for short-run 20 production; and 21 (D) workflows for three-dimensional design 22 and digitization; and 23 (2) is committed to supporting education, inno- 24 vation, entrepreneurship, personal expression, self- 25 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3274 IH sufficiency, and social impact for its community 1 through digital fabrication. 2 SEC. 4. ESTABLISHMENT. 3 There is hereby established a nonprofit corporation 4 to be known as the ‘‘National Fab Lab Network’’ (in this 5 Act referred to as the ‘‘corporation’’), which shall not be 6 an agency or establishment of the United States Govern- 7 ment. The corporation shall be subject to the provisions 8 of this Act, and, to the extent consistent with this Act, 9 to the District of Columbia Nonprofit Corporation Act 10 (D.C. Code, section 29–501 et seq.). 11 SEC. 5. GOALS AND ACTIVITIES. 12 (a) GOALS.—The goals of the corporation are as fol- 13 lows: 14 (1) To provide universal access to digital fab- 15 rication. 16 (2) To foster current and future fab labs. 17 (3) To create a national network of connected 18 local fab labs to empower individuals and commu- 19 nities in the United States. 20 (4) To foster the use of distributed digital fab- 21 rication tools— 22 (A) to promote science, technology, engi- 23 neering and math skills; 24 (B) to increase invention and innovation; 25 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3274 IH (C) to create businesses and jobs; 1 (D) to fulfill personal, professional, and 2 community needs; 3 (E) to create value and mitigate harm; 4 (F) to increase self-sufficiency for individ- 5 uals, households, and communities; 6 (G) to reduce dependency on global supply 7 chains; and 8 (H) to align workforce development with 9 new and emerging jobs. 10 (5) To provide a platform for education, re- 11 search, and for catalyzing new methods in science, 12 technology, engineering, and mathematics education, 13 and introducing digital fabrication as an essential 14 new literacy. 15 (6) To create new ways of educating the work- 16 force that will enable workers to compete in a 21st 17 century global marketplace. 18 (b) ACTIVITIES.—To attain the goals described in 19 subsection (a), the corporation shall carry out activities, 20 including the following: 21 (1) Seeking, initially, to establish a minimum of 22 one fab lab in each Congressional District. 23 (2) Seeking to establish additional labs within 24 the network created under subsection (a)(2), in re- 25 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3274 IH sponse to local demand, and to provide guidelines for 1 their sustainable operation. 2 (3) Linking fab labs into a national network, 3 and promoting further expansion of fab labs across 4 the United States. 5 (4) Serving as a resource to assist diverse pub- 6 lic and private stakeholders with the effective oper- 7 ation of fab labs, and the training of fab lab leaders 8 and mentors. 9 (5) Maintaining a national registry of fab labs. 10 (6) Providing standards and protocols for con- 11 necting fab labs regionally, nationally, and globally. 12 (7) Assisting fab labs in producing fab labs. 13 SEC. 6. MEMBERSHIP AND ORGANIZATION. 14 Except as provided in this Act, eligibility for member- 15 ship in the corporation and the rights and privileges of 16 members shall be in accordance with the laws governing 17 tax exempt organizations in the District of Columbia. 18 SEC. 7. GOVERNING BODY. 19 (a) IN GENERAL.—Except as provided in subsection 20 (b), directors, officers, and other staff of the corporation, 21 and their powers and duties, shall be in accordance with 22 the laws governing tax exempt organizations in the Dis- 23 trict of Columbia. 24 (b) BOARD MEMBERSHIP.— 25 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3274 IH (1) COMPOSITION.—The board of the corpora- 1 tion shall be composed of not fewer than 7 members 2 and not more than 15 members. 3 (2) REPRESENTATION.— 4 (A) IN GENERAL.—The membership of the 5 board of the corporation shall collectively rep- 6 resent the diversity of fab labs. 7 (B) REQUIREMENT.—At a minimum, the 8 board of the corporation shall be composed of 9 members from geographic regions across the 10 United States, Tribal communities, educational 11 and research institutions, libraries, nonprofit 12 and commercial organizations, diverse demo- 13 graphic groups, and the Fab Foundation. 14 (C) INDIVIDUAL REPRESENTATION.—An 15 individual member of the board of the corpora- 16 tion may represent more than one board role 17 and additional roles may be added to reflect the 18 diversity of the fab lab ecosystem. 19 (3) SELECTION.—The initial board of the cor- 20 poration shall be chosen, in consultation with the 21 Fab Foundation and in accordance with paragraph 22 (2)(A), as follows: 23 (A) Two shall be appointed by the majority 24 leader of the Senate. 25 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3274 IH (B) Two shall be appointed by the minority 1 leader of the Senate. 2 (C) Two shall be appointed by the Speaker 3 of the House of Representatives. 4 (D) Two shall be appointed by the minor- 5 ity leader of the House of Representatives. 6 SEC. 8. POWERS. 7 The corporation may— 8 (1) coordinate the creation of a national net- 9 work of local fab labs in the United States; 10 (2) issue guidelines for the sustainable oper- 11 ation of fab labs; 12 (3) issue standards and guidelines for fab labs; 13 (4) serve as a resource for organizations and 14 communities seeking to create fab labs by providing 15 information, assessing suitability, advising on the lab 16 lifecycle, and maintaining descriptions of prospective 17 and operating sites; 18 (5) accept funds from private individuals, orga- 19 nizations, government agencies, or other organiza- 20 tions; 21 (6) distribute funds to other organizations to 22 establish and operate fab labs as members of the 23 corporation; 24 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3274 IH (7) facilitate communication between other or- 1 ganizations seeking to join the corporation with 2 operational entities that can source and install fab 3 labs, provide training, assist with operations, ac- 4 count for spending, and assess impact; 5 (8) communicate the benefits available through 6 membership in the corporation to communities and 7 the public; 8 (9) facilitate and participate in synergistic pro- 9 grams, including workforce training, job creation, re- 10 searching the enabling technology and broader im- 11 pacts of such programs, and the production of civic 12 infrastructure; 13 (10) develop processes and methods to mitigate 14 risks associated with digital fabrication; 15 (11) amend a constitution and bylaws for the 16 management of its property and the regulation of its 17 affairs; 18 (12) choose directors, officers, trustees, man- 19 agers, employees, and agents as the activities of the 20 corporation require; 21 (13) make contracts; 22 (14) acquire, own, lease, encumber, and trans- 23 fer property as necessary or convenient to carry out 24 the purposes of the corporation; 25 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3274 IH (15) borrow money, issue instruments of indebt- 1 edness, and secure its obligations by granting secu- 2 rity interests in its property; 3 (16) charge and collect membership dues and 4 subscription fees; and 5 (17) sue and be sued. 6 SEC. 9. EXCLUSIVE RIGHT TO NAME, TERM, SEALS, EM- 7 BLEMS, AND BADGES. 8 The corporation and its participating digital fabrica- 9 tion labs have the exclusive right to use— 10 (1) the name ‘‘National Fab Lab Network’’; 11 and 12 (2) any seals, emblems, and badges the corpora- 13 tion adopts. 14 SEC. 10. RESTRICTIONS. 15 (a) STOCK AND DIVIDENDS.—The corporation may 16 not issue securities of any kind or declare or pay a divi- 17 dend. 18 (b) DISTRIBUTION OF INCOME OR ASSETS.—The in- 19 come or assets of the corporation may not inure to the 20 benefit of, or be distributed to, a director, officer, or mem- 21 ber during the life of the corporation under this Act. This 22 subsection does not prevent the payment of reasonable 23 compensation to an officer or reimbursement for actual 24 VerDate Sep 11 2014 04:45 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3274.IH H3274 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3274 IH necessary expenses in amounts approved by the board of 1 directors. 2 (c) LOANS.—The corporation may not make a loan 3 to a director, officer, or employee. 4 (d) CLAIM OF GOVERNMENTAL APPROVAL OR AU- 5 THORITY.—The corporation may not claim congressional 6 approval or the authority of the United States Govern- 7 ment for any of its activities, but may recognize establish- 8 ment of the corporation pursuant to section 4 of this Act. 9 SEC. 11. RECORDS AND INSPECTION. 10 (a) RECORDS.—The corporation shall keep— 11 (1) correct and complete records of account; 12 (2) minutes of the proceedings of its members, 13 board of director [Text truncated for display. Full text available on Congress.gov.]