I 112th CONGRESS 2d Session H. R. 5865 IN THE HOUSE OF REPRESENTATIVES May 30, 2012 Mr. Lipinski (for himself and Mr. Kinzinger of Illinois) 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 A BILL To promote the growth and competitiveness of American manufacturing.

1.

Short title

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

2.

National manufacturing competitiveness strategy

Not later than April 1, 2014 and April 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)

In General

There is established on the first day of each of the two Presidential terms following the date of enactment of this Act an American Manufacturing Competitiveness Board (in this Act referred to as the Board). (b)

Members

Members of each 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; (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(d)(3). (d)

Co-Chairmen

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. Such subgroups may include members representing any of the following: (1)Other Federal agencies, as the co-chairmen determine appropriate. (2)State, local, tribal, and Territorial governments. (3)The private sector, including labor, industry, academia, trade associations, and other appropriate groups. (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

(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 meetings required

The Board shall convene public meetings to solicit views on the Nation’s manufacturing sector and recommendations for the national manufacturing competitiveness strategy. (3)

Locations of public meetings

The locations of public meetings 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).

4.

Duties of the Board

(a)

In General

The Board shall— (1)advise the President and Congress on issues affecting the Nation’s manufacturing sector; (2)conduct a comprehensive analysis in accordance with subsection (c); and (3)develop a national manufacturing competitiveness strategy in accordance with subsection (d). (b)

Preliminary report

Within 180 days of a quorum of each Board being nominated, the Board shall issue a preliminary report on the state of American manufacturing. The preliminary report shall also identify any recommendations that have been issued by the Department of Commerce Manufacturing Council 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. (c)

Comprehensive Analysis

In developing a national manufacturing competitiveness strategy under subsection (d), 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— (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, local, and Territorial 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)the identification of 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; (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 domestic 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 competitiveness, growth, stability, and sustainability of the Nation’s manufacturing sector relative to those of other nations, including— (A)levels of domestic production; (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; (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 Federal monetary policy; (I)the impact of taxation; (J)financing and investment; (K)research and development; (L)job creation and employment disparities; (M)workforce skills, gaps, and development; (N)adequacy of the industrial base for maintaining national security; (O)protections for intellectual property; and (P)customs enforcement and counterfeiting. (d)

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 (c); 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 sector, taking into account the matters addressed in the comprehensive analysis conducted under subsection (c). (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 be taken by the President, Congress, State, local, and territorial governments, the private sector, universities, industry associations, and other stakeholders; (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; and (v)the elimination or repeal of regulations that place the United States manufacturing sector at a disadvantage relative to other nations. (3)

Report

(A)

Draft

Not later than 90 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, each Board shall publish in the Federal Register and on a public website a draft report containing a national manufacturing competitiveness strategy. (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 30 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, each 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)

Required contents of the report

The final report submitted under subparagraph (C) shall include— (i)when feasible, 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)detailed recommendations regarding how to pay for the cost of implementation estimated under clause (i), when feasible; 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. (e)

Consultation

In order to gain perspective 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.

5.

Requirement to consider national manufacturing competitiveness strategy in budget

In preparing the budget for each fiscal year through fiscal year 2020 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 competitiveness strategy.