Text of H.R. 5865 (112th): American Manufacturing Competitiveness Act of 2012 (Referred to Senate Committee version)

1.

This Act may be cited as the American Manufacturing Competitiveness Act of 2012.

2.

Not later than June 1, 2014, and June 1, 2018, the President shall submit to Congress, and publish on a public website, a strategy to promote growth, sustainability, and competitiveness in the Nation’s manufacturing sector, create well-paid, stable jobs, enable innovation and investment, and support national security.

3.

(a)

On the first day of each of the two Presidential terms following the date of enactment of this Act, there is established within the Department of Commerce an American Manufacturing Competitiveness Board.

(b)

Members of the Board shall be appointed as follows:

(1)

The President shall appoint to the Board—

(A)

the Secretary of Commerce;

(B)

Governors of two States, from different political parties, after consulting with the National Governors Association; and

(C)

two other members who are current or former officials of the executive branch of government.

(2)

(A)

Ten individuals from the private sector shall be appointed to the Board in accordance with subparagraph (B) from among individuals with experience in the areas of—

(i)

managing manufacturing companies, including businesses with fewer than 100 employees;

(ii)

managing supply chain providers;

(iii)

managing labor organizations;

(iv)

workforce development;

(v)

finance;

(vi)

analyzing manufacturing policy and competitiveness;

(vii)

conducting manufacturing-related research and development; and

(viii)

the defense industrial base.

(B)

The Speaker of the House of Representatives and the majority leader of the Senate shall each appoint 3 members to the Board. The minority leader of the House of Representatives and the minority leader of the Senate shall each appoint 2 members to the Board.

(c)

The Board shall terminate 60 days after submitting its final report pursuant to section 4(c)(3).

(d)

The co-chairmen of the Board shall be the Secretary of Commerce (or the designee of the Secretary) and a member elected by the private sector members of the Board appointed pursuant to subsection (b)(2).

(e)

The Board may convene subgroups to address particular industries, policy topics, or other matters and to take advantage of the expertise of other individuals and entities in matters to be addressed by the Board. Such subgroups may include members representing any of the following:

(1)

Other Federal agencies, as the co-chairmen determine appropriate.

(2)

State, tribal, and local governments.

(3)

The private sector.

(f)

Ten members of the Board shall constitute a quorum for the transaction of business but a lesser number may hold hearings with the agreement of the co-chairmen.

(g)

(1)

The Board shall meet at the call of the co-chairmen, and not fewer than 2 times.

(2)

The Board shall convene public hearings to solicit views on the Nation’s manufacturing sector and recommendations for the national manufacturing competitiveness strategy.

(3)

The locations of public hearings convened under paragraph (2) shall ensure the inclusion of multiple regions and industries of the manufacturing sector.

(h)

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 to subsection (e).

4.

(a)

The Board shall—

(1)

advise the President on issues affecting the Nation’s manufacturing sector;

(2)

conduct a comprehensive analysis in accordance with subsection (b); and

(3)

develop a national manufacturing competitiveness strategy in accordance with subsection (c).

(b)

In developing a national manufacturing competitiveness strategy under subsection (c), the Board shall conduct a comprehensive analysis of the Nation’s manufacturing sector, taking into consideration analyses, data, and other information previously compiled, as well as relevant reports, plans, or recommendations issued by Federal agencies, Federal advisory boards, and the private sector. Such analysis shall, to the extent feasible, address—

(1)

the value and role of manufacturing in the Nation’s economy, security, and global leadership;

(2)

the current domestic and international environment for the Nation’s manufacturing sector, and any subsector identified by the Board as warranting special study for competitiveness or for comparison purposes;

(3)

Federal, State, tribal, and local policies, programs, and conditions that affect manufacturing;

(4)

a summary of the manufacturing policies and strategies of the Nation’s 10 largest trading partners, to the extent known;

(5)

new, emerging, or evolving markets, technologies, and products for which the Nation’s manufacturers could compete;

(6)

the identification of redundant or ineffective government programs related to manufacturing, as well as any programs that have improved manufacturing competitiveness;

(7)

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;

(8)

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 Nation’s manufacturing sector and its workforce;

(9)

the recommendations of the Department of Commerce Manufacturing Council, whether such recommendations have been implemented, and the effect of such recommendations; and

(10)

any other matters affecting the growth, stability, and sustainability of the Nation’s manufacturing sector or the competitiveness of the Nation’s manufacturing environment, particularly relative to that of other nations, including—

(A)

workforce skills, gaps, and development;

(B)

productivity and the extent to which national economic statistics related to manufacturing accurately measure manufacturing output and productivity growth;

(C)

trade policy and balance;

(D)

energy policy, forecasts, and developments;

(E)

expenditures on basic and applied research related to manufacturing technology;

(F)

programs to help small and mid-sized manufacturers become more competitive;

(G)

the impact of Federal statutes and regulations;

(H)

the impact of domestic and international monetary policy;

(I)

the impact of taxation;

(J)

financing and investment, including challenges associated with commercialization and scaling up of production;

(K)

research and development;

(L)

job creation and employment disparities;

(M)

levels of domestic production;

(N)

adequacy of the industrial base for maintaining national security;

(O)

protections for intellectual property and the related policies, procedures, and law on technology transfer; and

(P)

customs enforcement and counterfeiting.

(c)

(1)

The Board shall develop a national manufacturing competitiveness strategy, based on—

(A)

the results of the comprehensive analysis conducted under subsection (b); and

(B)

any other information, studies, or perspectives that the Board determines to be appropriate.

(2)

(A)

The Board shall include in the national manufacturing competitiveness strategy short- and long-term goals for improving the competitiveness conditions of the Nation’s manufacturing environment, taking into account the matters addressed in the comprehensive analysis conducted under subsection (b).

(B)

The Board shall include in the national manufacturing competitiveness strategy recommendations for achieving the goals provided under subparagraph (A). Such recommendations may propose—

(i)

actions to improve manufacturing competitiveness to be taken by the President, Congress, State and local governments, and the private sector;

(ii)

actions to improve government policies and coordination among entities developing such policies;

(iii)

the consolidation or elimination of government programs;

(iv)

actions to improve government interaction with the manufacturing sector and communication regarding the effects of proposed or active government regulations or other executive actions on the manufacturing sector and its workforce;

(v)

the reform or elimination of regulations that place the United States manufacturing sector at a disadvantage relative to other nations; and

(vi)

actions to reduce business uncertainty, including, where appropriate, finalization of regulations applicable to manufacturers.

(3)

(A)

Not later than 150 days before the date on which the President is required to submit to Congress a report containing a national manufacturing competitiveness strategy under section 2, the Board shall publish in the Federal Register and on a public website a draft report containing a national manufacturing competitiveness strategy. At the same time, the Board shall make available to the public the comprehensive analysis required by subsection (b) and any underlying data or materials necessary to an understanding of the conclusions reached.

(B)

A draft report published under subparagraph (A) shall remain available for public comment for a period of not less than 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.

(C)

Not later than 60 days before the date on which the President is required to submit to Congress a report containing a national manufacturing competitiveness strategy under section 2, the Board shall submit to the President for review and revision a final report containing a national manufacturing competitiveness strategy, and shall publish such final report on a public website.

(D)

The final report submitted under subparagraph (C) shall, to the extent feasible, include—

(i)

an estimate of the short- and long-term Federal Government outlays and revenue changes necessary to implement the national manufacturing competitiveness strategy and an estimate of savings that may be derived from implementation of the national manufacturing competitiveness strategy;

(ii)

a detailed explanation of the methods and analysis used to determine the estimates included under clause (i);

(iii)

recommendations regarding how to pay for the cost of implementation estimated under clause (i); and

(iv)

a plan for how the recommendations included in the report will be implemented and who is or should be responsible for the implementation.

(d)

The Board shall consult with and not duplicate the efforts of the Defense Science Board, the President’s Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, the Economic Security Commission, the Labor Advisory Committee for Trade Negotiations and Trade Policy, and other relevant governmental entities conducting any activities related to manufacturing.

5.

In preparing the budget for each of the fiscal years from fiscal year 2016 through fiscal year 2022 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 the national manufacturing competitiveness strategy.

6.

In this Act:

(1)

The term Board means—

(A)

during the first Presidential term that begins after the date of enactment of this Act, the American Manufacturing Competitiveness Board established by section 3(a) on the first day of such term; and

(B)

during the second Presidential term that begins after the date of enactment of this Act, the American Manufacturing Competitiveness Board established by section 3(a) on the first day of such term.

(2)

The term private sector includes labor, industry, industry associations, academia, universities, trade associations, nonprofit organizations, and other appropriate nongovernmental groups.

(3)

The term State means each State of the United States, the District of Columbia, and each commonwealth, territory, or possession of the United States.