1.This Act may be cited as the
American Manufacturing Competitiveness
Act of 2012
.
2.National
manufacturing competitiveness strategyNot 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.Manufacturing
competitiveness board
(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)Timing and
frequency of meetingsThe 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)Locations of
public hearingsThe 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 ActThe 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)National
Manufacturing Competitiveness Strategy
(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)Goals and
recommendations
(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)Public comment;
review and revisionA 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)Consultation;
nonduplication of effortsThe
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.Requirement to
consider national manufacturing competitiveness strategy in
budgetIn 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.
Passed the House of
Representatives September 12, 2012.
Karen L. Haas,
Clerk