National Fab Lab Network Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2195 To establish the National Fab Lab Network, a Federally chartered organiza- tion 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 other pur- poses. IN THE SENATE OF THE UNITED STATES JULY 22, 2019 Mr. VAN HOLLEN (for himself and Ms. MURKOWSKI) introduced the following bill; which was read twice and 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 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 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 2195 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Fab Lab Net- 2 work Act of 2019’’. 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 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 2195 IS (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 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 2195 IS 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. NATIONAL FAB LAB NETWORK. 10 Part B of subtitle II of title 36, United States Code, 11 is amended by adding at the end the following new chap- 12 ter: 13 ‘‘CHAPTER 2501—NATIONAL FAB LAB 14 NETWORK 15 ‘‘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. ‘‘§ 250101. Definitions 16 ‘‘In this chapter: 17 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 2195 IS ‘‘(1) CORPORATION.—The term ‘corporation’ 1 means the National Fab Lab Network. 2 ‘‘(2) FAB LAB.—The term ‘fab lab’ means a fa- 3 cility that— 4 ‘‘(A) contains the range of capabilities re- 5 quired to create form and function from digital 6 designs, including— 7 ‘‘(i) computer-controlled machines for 8 additive and subtractive fabrication proc- 9 esses; 10 ‘‘(ii) tools and components for manu- 11 facturing and programming electronic cir- 12 cuits; 13 ‘‘(iii) materials and methods for short- 14 run production; and 15 ‘‘(iv) workflows for three-dimensional 16 design and digitization; and 17 ‘‘(B) is committed to supporting education, 18 innovation, entrepreneurship, personal expres- 19 sion, self-sufficiency, and social impact for its 20 community through digital fabrication. 21 ‘‘§ 250102. Organization 22 ‘‘(a) ESTABLISHMENT.—There is hereby established 23 the National Fab Lab Network. 24 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 2195 IS ‘‘(b) FEDERAL CHARTER.—The National Fab Lab 1 Network is a federally chartered corporation. 2 ‘‘(c) PLACE OF INCORPORATION.—The corporation is 3 declared to be a nonprofit corporation incorporated in the 4 District of Columbia. 5 ‘‘(d) PERPETUAL EXISTENCE.—Except as otherwise 6 provided, the corporation shall have perpetual succession. 7 ‘‘§ 250103. Goals and activities 8 ‘‘(a) GOALS.—The goals of the corporation are as fol- 9 lows: 10 ‘‘(1) To foster current and future fab labs. 11 ‘‘(2) To create a national network of connected 12 local fab labs to empower individuals and commu- 13 nities in the United States. 14 ‘‘(3) To foster the use of distributed digital fab- 15 rication tools— 16 ‘‘(A) to promote science, technology, engi- 17 neering and math skills; 18 ‘‘(B) to increase invention and innovation; 19 ‘‘(C) to create businesses and jobs; 20 ‘‘(D) to fulfill personal, professional, and 21 community needs; 22 ‘‘(E) to create value and mitigate harm; 23 ‘‘(F) to increase self-sufficiency for individ- 24 uals, households, and communities; 25 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 2195 IS ‘‘(G) to reduce dependency on global sup- 1 ply chains; and 2 ‘‘(H) to align workforce development with 3 new and emerging jobs. 4 ‘‘(4) To provide a platform for education, re- 5 search, and for catalyzing new methods in science, 6 technology, engineering, and mathematics education, 7 and introducing digital fabrication as an essential 8 new literacy. 9 ‘‘(5) To create new ways of educating the work- 10 force that will enable workers to compete in a 21st 11 century global marketplace. 12 ‘‘(b) ACTIVITIES.—To attain the goals described in 13 subsection (a), the corporation shall carry out activities, 14 including the following: 15 ‘‘(1) Seeking, initially, to establish a minimum 16 of one fab lab in each Congressional District. 17 ‘‘(2) Seeking to establish additional labs within 18 the network created under subsection (a)(2), in re- 19 sponse to local demand, and to provide guidelines for 20 their sustainable operation. 21 ‘‘(3) Linking fab labs into a national network, 22 and promoting further expansion of fab labs across 23 the United States. 24 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 2195 IS ‘‘(4) Serving as a resource to assist diverse 1 public and private stakeholders with the effective op- 2 eration of fab labs, and the training of fab lab lead- 3 ers and mentors. 4 ‘‘(5) Maintaining a national registry of fab labs. 5 ‘‘(6) Providing standards and protocols for con- 6 necting fab labs regionally, nationally, and globally. 7 ‘‘§ 250104. Membership and organization 8 ‘‘Except as provided in this chapter, eligibility for 9 membership in the corporation and the rights and privi- 10 leges of members are as provided in the constitution and 11 bylaws of the corporation. 12 ‘‘§ 250105. Governing body 13 ‘‘(a) IN GENERAL.—Except as provided in subsection 14 (b), directors, officers, and other staff of the corporation, 15 and their powers and duties, are as provided in the bylaws 16 of the corporation. 17 ‘‘(b) BOARD MEMBERSHIP.— 18 ‘‘(1) COMPOSITION.—The board of the corpora- 19 tion shall be composed of not fewer than 7 members 20 and not more than 15 members. 21 ‘‘(2) REPRESENTATION.— 22 ‘‘(A) IN GENERAL.—The membership of 23 the board of the corporation shall collectively 24 represent the diversity of fab labs. 25 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 2195 IS ‘‘(B) REQUIREMENT.—At a minimum, the 1 board of the corporation shall be composed of 2 members from geographic regions across the 3 United States, Tribal communities, educational 4 and research institutions, libraries, nonprofit 5 and commercial organizations, diverse demo- 6 graphic groups, and the Fab Foundation. 7 ‘‘(C) INDIVIDUAL REPRESENTATION.—An 8 individual member of the board of the corpora- 9 tion may represent more than one board role 10 and additional roles may be added to reflect the 11 diversity of the fab lab ecosystem. 12 ‘‘(3) SELECTION.—The initial board of the cor- 13 poration shall be chosen, in consultation with the 14 Fab Foundation and in accordance with paragraph 15 (2)(A), as follows: 16 ‘‘(A) Two shall be appointed by the major- 17 ity leader of the Senate. 18 ‘‘(B) Two shall be appointed by the minor- 19 ity leader of the Senate. 20 ‘‘(C) Two shall be appointed by the Speak- 21 er of the House of Representatives. 22 ‘‘(D) Two shall be appointed by the minor- 23 ity leader of the House of Representatives. 24 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 2195 IS ‘‘§ 250106. Powers 1 ‘‘The corporation may— 2 ‘‘(1) coordinate the creation of a national net- 3 work of local fab labs in the United States; 4 ‘‘(2) issue guidelines for the sustainable oper- 5 ation of fab labs; 6 ‘‘(3) issue standards and guidelines for fab 7 labs; 8 ‘‘(4) serve as a resource for organizations and 9 communities seeking to create fab labs by providing 10 information, assessing suitability, advising on the lab 11 lifecycle, and maintaining descriptions of prospective 12 and operating sites; 13 ‘‘(5) accept funds from private individuals, or- 14 ganizations, government agencies, or other organiza- 15 tions; 16 ‘‘(6) distribute funds to other organizations to 17 establish and operate fab labs as members of the 18 corporation; 19 ‘‘(7) facilitate communication between other or- 20 ganizations seeking to join the corporation with 21 operational entities that can source and install fab 22 labs, provide training, assist with operations, ac- 23 count for spending, and assess impact; 24 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 2195 IS ‘‘(8) communicate the benefits available 1 through membership in the corporation to commu- 2 nities and the public; 3 ‘‘(9) facilitate and participate in synergistic 4 programs, including workforce training, job creation, 5 researching the enabling technology and broader im- 6 pacts of such programs, and the production of civic 7 infrastructure; 8 ‘‘(10) develop processes and methods to miti- 9 gate risks associated with digital fabrication; 10 ‘‘(11) amend a constitution and bylaws for the 11 management of its property and the regulation of its 12 affairs; 13 ‘‘(12) choose directors, officers, trustees, man- 14 agers, employees, and agents as the activities of the 15 corporation require; 16 ‘‘(13) make contracts; 17 ‘‘(14) acquire, own, lease, encumber, and trans- 18 fer property as necessary or convenient to carry out 19 the purposes of the corporation; 20 ‘‘(15) borrow money, issue instruments of in- 21 debtedness, and secure its obligations by granting 22 security interests in its property; 23 ‘‘(16) charge and collect membership dues and 24 subscription fees; and 25 VerDate Sep 11 2014 02:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2195.IS S2195 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 2195 IS ‘‘(17) sue and be sued. 1 ‘‘§ 250107. Exclusive right to name, term, seals, em- 2 blems, and badges 3 ‘‘The corporation and its participating digital fabrica- 4 tion labs have the exclusive right to use— 5 ‘‘(1) the name ‘National Fab Lab Network’; 6 ‘‘(2) the term ‘fab lab’ as referring to a member 7 fab lab of the corporation; and 8 ‘‘(3) any seals, emblems, and badges the cor- 9 poration adopts. 10 ‘‘§ 250108. Restrictions 11 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 12 not issue securities of any kind or declare or pay a divi- 13 dend. 14 ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.—The in- 15 come or assets of the corporation may not inure to the 16 benefit of, or be distributed to, a director, officer, or mem- 17 ber during the life of the charter of the corporation under 18 this chapter. This subsection does not prevent the pay- 19 ment of reasonable compensation to an officer or reim- 20 bursement for actual necessary expenses in amounts ap- 21 [Text truncated for display. Full text available on Congress.gov.]