IIB 
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 Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Manufac-
turing 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 pub-
lic website, a strategy to promote growth, sustainability, 
and competitiveness in the Nation’s manufacturing sector, 
create well-paid, stable jobs, enable innovation and invest-
ment, 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 ap-
pointed as follows: 
(1) PUBLIC SECTOR MEMBERS.—The President 
shall appoint to the Board— 
(A) the Secretary of Commerce; 
(B) Governors of two States, from dif-
ferent political parties, after consulting with the 
National Governors Association; and 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(C) two other members who are current or 
former officials of the executive branch of gov-
ernment. 
(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 compa-
nies, 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 mem-
bers to the Board. The minority leader of the 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
House of Representatives and the minority 
leader of the Senate shall each appoint 2 mem-
bers 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 rep-
resenting 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 con-
stitute a quorum for the transaction of business but a less-
er number may hold hearings with the agreement of the 
co-chairmen. 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(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 lo-
cations 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 COM-
MITTEE 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 accord-
ance with subsection (b); and 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(3) develop a national manufacturing competi-
tiveness strategy in accordance with subsection (c). 
(b) COMPREHENSIVE ANALYSIS.—In developing a na-
tional manufacturing competitiveness strategy under sub-
section (c), the Board shall conduct a comprehensive anal-
ysis of the Nation’s manufacturing sector, taking into con-
sideration analyses, data, and other information previously 
compiled, as well as relevant reports, plans, or rec-
ommendations issued by Federal agencies, Federal advi-
sory 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 envi-
ronment 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; 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(5) new, emerging, or evolving markets, tech-
nologies, and products for which the Nation’s manu-
facturers could compete; 
(6) the identification of redundant or ineffective 
government programs related to manufacturing, as 
well as any programs that have improved manufac-
turing competitiveness; 
(7) the short- and long-term forecasts for the 
Nation’s manufacturing sector, and forecasts of ex-
pected 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 ac-
tions on the Nation’s manufacturing sector and its 
workforce; 
(9) the recommendations of the Department of 
Commerce Manufacturing Council, whether such rec-
ommendations have been implemented, and the ef-
fect of such recommendations; and 
(10) any other matters affecting the growth, 
stability, and sustainability of the Nation’s manufac-
turing sector or the competitiveness of the Nation’s 
manufacturing environment, particularly relative to 
that of other nations, including— 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(A) workforce skills, gaps, and develop-
ment; 
(B) productivity and the extent to which 
national economic statistics related to manufac-
turing accurately measure manufacturing out-
put and productivity growth; 
(C) trade policy and balance; 
(D) energy policy, forecasts, and develop-
ments; 
(E) expenditures on basic and applied re-
search 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 inter-
national 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 dispari-
ties; 
(M) levels of domestic production; 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(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 counter-
feiting. 
(c) NATIONAL MANUFACTURING COMPETITIVENESS 
STRATEGY.— 
(1) DEVELOPMENT.—The Board shall develop a 
national manufacturing competitiveness strategy, 
based on— 
(A) the results of the comprehensive anal-
ysis conducted under subsection (b); and 
(B) any other information, studies, or per-
spectives that the Board determines to be ap-
propriate. 
(2) GOALS AND RECOMMENDATIONS.— 
(A) GOALS.—The Board shall include in 
the national manufacturing competitiveness 
strategy short- and long-term goals for improv-
ing the competitiveness conditions of the Na-
tion’s manufacturing environment, taking into 
account the matters addressed in the com-
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
prehensive analysis conducted under subsection 
(b). 
(B) 
RECOMMENDATIONS.—The 
Board 
shall include in the national manufacturing 
competitiveness strategy recommendations for 
achieving the goals provided under subpara-
graph (A). Such recommendations may pro-
pose— 
(i) actions to improve manufacturing 
competitiveness to be taken by the Presi-
dent, Congress, State and local govern-
ments, 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 regula-
tions or other executive actions on the 
manufacturing sector and its workforce; 
(v) the reform or elimination of regu-
lations that place the United States manu-
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
facturing sector at a disadvantage relative 
to other nations; and 
(vi) actions to reduce business uncer-
tainty, including, where appropriate, final-
ization of regulations applicable to manu-
facturers. 
(3) REPORT.— 
(A) DRAFT.—Not later than 150 days be-
fore the date on which the President is required 
to submit to Congress a report containing a na-
tional 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 manufac-
turing 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 ma-
terials necessary to an understanding of the 
conclusions reached. 
(B) PUBLIC COMMENT; REVIEW AND REVI-
SION.—A draft report published under subpara-
graph (A) shall remain available for public com-
ment for a period of not less than 30 days from 
the date of publication. The Board shall review 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
any comments received regarding such draft re-
port 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 con-
taining a national manufacturing competitive-
ness strategy under section 2, the Board shall 
submit to the President for review and revision 
a final report containing a national manufac-
turing competitiveness strategy, and shall pub-
lish such final report on a public website. 
(D) CONTENTS OF REPORT.—The final re-
port submitted under subparagraph (C) shall, 
to the extent feasible, include— 
(i) an estimate of the short- and long- 
term Federal Government outlays and rev-
enue 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; 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
(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 esti-
mated under clause (i); and 
(iv) a plan for how the recommenda-
tions included in the report will be imple-
mented and who is or should be respon-
sible for the implementation. 
(d) CONSULTATION; NONDUPLICATION
OF
EF-
FORTS.—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 Manu-
facturing Council established by the Department of Com-
merce, the Economic Security Commission, the Labor Ad-
visory Committee for Trade Negotiations and Trade Pol-
icy, and other relevant governmental entities conducting 
any activities related to manufacturing. 
SEC. 5. REQUIREMENT TO CONSIDER NATIONAL MANUFAC-
TURING 
COMPETITIVENESS 
STRATEGY 
IN 
BUDGET. 
In preparing the budget for each of the fiscal years 
from fiscal year 2016 through fiscal year 2022 under sec-
tion 1105(a) of title 31, United States Code, the President 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
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 Competitive-
ness Board established by section 3(a) on the 
first day of such term. 
(2) PRIVATE SECTOR.—The term ‘‘private sec-
tor’’ includes labor, industry, industry associations, 
academia, universities, trade associations, nonprofit 
organizations, and other appropriate nongovern-
mental groups. 
(3) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS
HR 5865 RFS 
and each commonwealth, territory, or possession of 
the United States. 
Passed the House of Representatives September 12, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
23:49 Sep 13, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.RFS
H5865
jbell on DSK7SPTVN1PROD with BILLS