H. R. 1366
IN THE HOUSE OF REPRESENTATIVES
April 5, 2011
Mr. Lipinski (for himself, Mr. Manzullo, Mr. Dingell, Mr. Shimkus, Mr. Michaud, Mr. Schock, Mr. Ryan of Ohio, Mr. Duncan of Tennessee, Mr. Murphy of Connecticut, Mr. Johnson of Illinois, Mr. Larson of Connecticut, Mr. Jones, Ms. Sutton, Mr. Wolf, Mr. Visclosky, Mr. Kinzinger of Illinois, Mr. Braley of Iowa, Mr. LaTourette, Mr. Lynch, Mr. McKinley, Mr. Gene Green of Texas, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Budget, 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 concerned
To require the President to prepare a quadrennial national manufacturing strategy, and for other purposes.
This Act may be cited as the
National Manufacturing Strategy Act of
Sense of congress
It is the sense of Congress that—
the United States Government should promote policies related to the Nation’s manufacturing sector that are intended to promote growth, sustainability, and competitiveness; create well-paying, decent jobs; enable innovation and investment; and support national security; and
the President and Congress should act promptly to pursue policies consistent with a national manufacturing strategy.
National manufacturing strategy
Not later than the July 1 of the second year of each Presidential term, the President shall submit to Congress, and publish on a public website, a national manufacturing strategy.
Deadline for First National Manufacturing Strategy
Notwithstanding subsection (a), the President shall issue the first national manufacturing strategy not later than the date that is 1 year after the date of the enactment of this Act.
President’s manufacturing strategy board
The President shall establish, within the Department of
Commerce, the President’s Manufacturing Strategy Board (in this Act referred to
Public Sector Members
The Board shall include the following individuals:
The Secretary or head (or the designee of the Secretary or head) of each of the following agencies:
The Department of the Treasury.
The Department of Defense.
The Department of Commerce.
The Department of Labor.
The Department of Energy.
The Office of the United States Trade Representative.
The Office of Management and Budget.
The Office of Science and Technology Policy.
The Small Business Administration.
Other Federal agencies the President determines appropriate.
Any special advisors to the President in areas related to the economy, manufacturing, job creation and competitiveness.
The Governors of 2 States, from different political parties, appointed by the President in consultation with the National Governors Association.
Private Sector Members
The Board shall further include 9 individuals from the private sector, appointed by the President after consultation with industry and labor organizations, including individuals with experience in the areas of—
managing manufacturing companies;
managing supply chain providers;
managing labor organizations;
conducting manufacturing-related research and development; and
the defense industrial base.
Balance in representation
In making appointments of private sector members to the Board under paragraph (1), the President shall seek to ensure that the individuals appointed represent a balance among and within regions, sizes of firms, and industries of the manufacturing sector. In making appointments, the President should consider naming individuals who serve as representatives on other similar executive branch councils or boards.
Each member appointed under this subsection shall be appointed for a term of 6 years, except as provided in subparagraphs (B) and (C).
Terms of initial appointees
As designated by the President at the time of appointment, of the members first appointed—
3 shall be appointed for a term of 2 years;
3 shall be appointed for a term of 4 years; and
3 shall be appointed for a term of 6 years.
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a new member has been appointed.
Chair and Vice Chair
The Secretary of Commerce (or the designee of the Secretary) shall serve as the Chair of the Board.
The President shall appoint the Vice Chair of the Board from among the private sector members appointed by the President under subsection (c).
The Board may convene subgroups to address particular industries, policy topics, or other matters. Such subgroups may include members representing any of the following:
Such other Federal agencies as the Chair determines appropriate.
State, local, tribal, and Territorial governments.
The private sector, including labor, industry, academia, trade associations, and other appropriate groups.
Timing of meetings
The Board shall meet at the call of the Chair.
Frequency of meetings
The Board shall meet not less than 2 times each year, and not less than 4 times in a year preceding the issuance of a national manufacturing strategy required under section 3(a).
Public meetings required
The Board shall convene public meetings to solicit views on the Nation’s manufacturing sector and recommendations for the national manufacturing strategy.
Locations of public meetings
The locations of public meetings convened under paragraph (3) shall ensure the inclusion of multiple regions and industries of the manufacturing sector.
Application of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the Board, including any subgroups established pursuant subsection (e).
Duties of the president’s manufacturing strategy board
The Board shall—
advise the President and Congress on issues affecting the Nation’s manufacturing sector;
conduct a comprehensive analysis in accordance with subsection (b);
develop a national manufacturing strategy in accordance with subsection (c);
submit to the President and Congress an annual report under subsection (d); and
carry out other activities determined appropriate by the President.
Within 90 days of a quorum of the Board being nominated, the Board shall issue a preliminary report on the state of American manufacturing, with an emphasis on the recommendations that have been issued by the Manufacturing Council of the Department of Commerce that have not been acted upon and a summary and assessment of recommendations that have been issued by other non-governmental parties relating to domestic manufacturing.
In developing each national manufacturing strategy under subsection (c), the Board shall conduct a comprehensive analysis of the Nation’s manufacturing sector, taking into consideration relevant reports, plans, or recommendations issued by Federal agencies, Federal advisory boards, academia, and the private sector. Such analysis shall address—
the value and role, both historic and current, of manufacturing in the Nation’s economy, security, and global leadership;
the current domestic and international environment for the Nation’s manufacturing sector, and any relevant subset thereof;
Federal, State, local, and Territorial policies, programs, and conditions that affect manufacturing;
a comparison of the manufacturing policies and strategies of the United States relative to other nations’ policies and strategies;
the identification of emerging or evolving markets, technologies, and products for which the Nation’s manufacturers could compete;
the short- and long-term forecasts for the Nation’s manufacturing sector, and forecasts of expected national and international trends and factors likely to affect such sector in the future;
the manner in which Federal agencies share information and views with respect to the effects of proposed or active regulations or other executive actions on the domestic manufacturing sector and its workforce; and
any other matters affecting the competitiveness, growth, stability, and sustainability of the Nation’s manufacturing sector, including—
levels of domestic production;
the trade balance;
financing and investment;
research and development;
job creation and employment disparities;
workforce skills and development;
adequacy of the industrial base for maintaining national security;
protections for intellectual property; and
customs enforcement and counterfeiting.
National Manufacturing Strategy
The Board shall develop a national manufacturing strategy, based on—
the results of the comprehensive analysis conducted under subsection (c);
the studies carried out by the National Academy of Sciences pursuant to section 7; and
any other information, studies, or perspectives that the Board determines to be appropriate.
Goals and recommendations
The Board shall include in each national manufacturing strategy short- and long-term goals for the Nation’s manufacturing sector, taking into account the matters addressed in the comprehensive analysis conducted under subsection (c).
The Board shall include in each national manufacturing strategy recommendations for achieving the goals provided under subparagraph (A). Such recommendations may propose—
actions to be taken by the President, Congress, State, local, and territorial governments, the private sector, universities, industry associations, and other stakeholders; and
ways to improve government policies, coordination among entities developing such policies, and government interaction with the manufacturing sector, including interagency communications regarding the effects of proposed or active government regulations or other executive actions on the manufacturing sector and its workforce.
Not later than 90 days before the date on which the President is required to submit to Congress a report containing a national manufacturing strategy under section 3, the Board shall publish in the Federal Register and on a public website a draft report containing a national manufacturing strategy.
Public comment; review and revision
A draft report published under subparagraph (A) shall remain available for public comment for a period of 30 days from the date of publication. The Board shall review any comments received regarding such draft report and may revise the draft report based upon those comments.
Not later than 30 days before the date on which the President is required to submit to Congress a report containing a national manufacturing strategy under section 3, the Board shall submit to the President for review and revision a final report containing a national manufacturing strategy, and shall publish such final report on a public website.
Required contents of the report
The final report submitted under subparagraph (C) shall include—
when feasible, an estimate of the short- and long-term Federal Government outlays and revenue changes necessary to implement the national manufacturing strategy and an estimate of savings that may be derived from implementation of the national manufacturing strategy;
a detailed explanation of the methods and analysis used to determine the estimates included under clause (i);
detailed recommendations regarding how to pay for the cost of implementation estimated under clause (i), when feasible; and
a plan for how the recommendations included in the report will be implemented and who is responsible for the implementation.
Not later than the date that is one year after the date on which the first national manufacturing strategy is published under section 3, and annually thereafter, the Board shall submit to the President and Congress a report that includes—
views on the current state of manufacturing in the United States;
an assessment of the implementation of previously issued national manufacturing strategies;
recommendations for furthering the implementation of previously issued national manufacturing strategies; and
any suggested revisions to the estimate required under section 5(c)(3)(D)(i) to implement the recommendations included under paragraph (3).
In order to gain perspectives and avoid duplication of efforts, the Board shall consult on manufacturing issues with the Defense Science Board, the President’s Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, and the Labor Advisory Committee for Trade Negotiations and Trade Policy, and may consult with other relevant governmental entities or the private sector.
Government accountability office review of national manufacturing strategy
Not later than April 1 of calendar years 2013, 2017, and 2021, the Comptroller General shall submit to Congress a report regarding the national manufacturing strategy published under section 3. The report shall include—
an assessment of whether the recommendations from such national manufacturing strategy, and any preceding national manufacturing strategies, were implemented;
an analysis of the impact of such recommendations, to the extent data are available;
a review of the process involved in developing such national manufacturing strategy and any preceding national manufacturing strategies; and
recommendations for improvements in developing the next national manufacturing strategy.
In developing each national manufacturing strategy, the President, acting through the Secretary of Commerce, shall enter into an agreement with the National Academy of Sciences to conduct a study in accordance with this subsection.
The study shall examine the following:
The current state of manufacturing in the United States.
Federal programs and activities related to manufacturing systems.
The ways in which Federal policies affect manufacturing, and likely future trends in manufacturing if such policies remain unchanged.
Various possible approaches for evaluating the implementation of the national manufacturing strategy.
An assessment of the trends and short- and long-term forecasts of manufacturing.
A review of the trends and short- and long-term forecasts of manufacturing relied upon in previous National Manufacturing Strategies as compared with actual events and trends.
The agreement entered into under paragraph (1) shall provide that not later than the first day of April of the first year of each Presidential term, the National Academy of Sciences shall submit to Congress and the President a report containing the findings of the study.
Deadline for first report
Notwithstanding paragraph (3), the first agreement entered into under this subsection shall provide that the National Academy of Sciences shall submit to Congress and the President a report containing the findings of the study not later than 2 years after the date such agreement is entered into.
Deadline for subsequent agreements
After the first agreement entered into under this subsection, all subsequent agreements under this subsection shall be entered into not later than 18 months before the deadline for submission of the corresponding report under paragraph (3).
The President, acting through the Secretary of Commerce, may enter into further agreements with the National Academy of Sciences as necessary to develop studies to provide information for future national manufacturing strategies.
Requirement to consider national manufacturing strategy in budget
In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in national manufacturing strategy covering that fiscal year.