[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5865 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 5865


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2012

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
  To promote the growth and competitiveness of American manufacturing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGY.

    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.

SEC. 3. MANUFACTURING COMPETITIVENESS BOARD.

    (a) In General.--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.--Members of the Board shall be appointed as follows:
            (1) Public sector members.--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) Private sector members.--
                    (A) Criteria.--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) Appointment.--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) Termination.--The Board shall terminate 60 days after 
submitting its final report pursuant to section 4(c)(3).
    (d) Co-chairmen.--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) Subgroups.--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) Quorum.--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) Meetings and Hearings.--
            (1) Timing and frequency of meetings.--The Board shall meet 
        at the call of the co-chairmen, and not fewer than 2 times.
            (2) Public hearings required.--The Board shall convene 
        public hearings to solicit views on the Nation's manufacturing 
        sector and recommendations for the national manufacturing 
        competitiveness strategy.
            (3) Locations of public hearings.--The locations of public 
        hearings convened under paragraph (2) shall ensure the 
        inclusion of multiple regions and industries of the 
        manufacturing sector.
    (h) 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 to subsection (e).

SEC. 4. DUTIES OF THE BOARD.

    (a) In General.--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) Comprehensive Analysis.--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) National Manufacturing Competitiveness Strategy.--
            (1) Development.--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) Goals and recommendations.--
                    (A) Goals.--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) Recommendations.--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) Report.--
                    (A) Draft.--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) Public comment; review and revision.--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) Publication.--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) Contents of report.--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) Consultation; Nonduplication of Efforts.--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.

SEC. 5. REQUIREMENT TO CONSIDER NATIONAL MANUFACTURING COMPETITIVENESS 
              STRATEGY IN BUDGET.

    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.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Board.--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) Private sector.--The term ``private sector'' includes 
        labor, industry, industry associations, academia, universities, 
        trade associations, nonprofit organizations, and other 
        appropriate nongovernmental groups.
            (3) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.

            Passed the House of Representatives September 12, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.