Library / Laws / 113th / s / S. 1615 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1615
IN THE SENATE OF THE UNITED STATES
October 30, 2013Mr. Warner introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To develop and recruit new, high-value jobs to the United States, to encourage the repatriation of jobs that have been off-shored to other countries, and for other purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the America Recruits Act of 2013.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.Sec. 2. Findings.Sec. 3. Inbound investment program to recruit jobs to the
United States.Sec. 4. United States Economic Competitiveness
Commission.Sec. 5. Improvements to Federal efforts to support job creation
in manufacturing and services sectors.Sec. 6. Utilization of industry-approved certification
assessments and standards to improve education and training program
performance.Sec. 7. Feasibility assessment for manufacturing capacity
improvement partnership.Sec. 8. Surveys of United States corporations with
manufacturing facilities or customer service centers located in foreign
countries.Sec. 9. National Academy of Sciences recommendations for
improving advanced manufacturing.Sec. 10. Assessment of distortive economic
policies.Sec. 11. Limitation on Government printing costs.
2.
Findings
(a)
In
general
Congress finds the
following:
(1) Between 1971 and
2011, the United States share of manufacturing output as a percentage of the
world total has dropped by almost 10 percent, with 50 percent of this decline
occurring during the last decade.
(2) Manufacturing has
been a source of good jobs and has historically provided wages and benefits
nine percent above the average for American workers.
(3) The number of
manufacturing sites in the United States fell from 397,552 in 2001 to 344,352
by June 2010, leaving more than 50,000 factories far below capacity or
vacant.
(4) In 2010, the
trade deficit of the United States in manufactured products with advanced
technology was over $81,000,000,000.
(5) The percentage of
Americans working in manufacturing fell from 12.5 percent in 1998 to 8.9
percent in 2008, and is expected to decline to 7.4 percent by 2018.
(6) United States
service industries, including information technology, financial services,
professional and business services, transportation and logistics, utilities,
and others employ more than 90,000,000 Americans and have enjoyed significant
growth over the last decade.
(7) The unemployment
rate in the United States has been greater than 8 percent since January
2009.
(8) Exports currently
support more than 1/3 of United States manufacturing jobs
and more than $500,000,000,000 in services exports. The earnings of Americans
who work for firms that export are more than 15 percent higher than those of
similar workers at firms that do not export.
(9) Ninety-five
percent of the world’s consumers of goods and services live outside the United
States.
(10) To create the
next generation of high-value jobs and to be competitive in the global
marketplace, we need to expand the capacity of the manufacturing and traded
services sectors to support exports.
(b)
Sense of
Congress
It is the sense of Congress that Congress should—
(1) take action to
help companies create new manufacturing and services jobs in the United States,
including an inbound investment program which would provide matching funds to
States that seek to recruit companies to locate in their State;
(2) encourage
expedited consideration of export financing for companies that are already
working with the Federal Government to increase their export capacity;
(3) ensure
industry-approved certification assessments and standards are established for
providers of education and workforce training programs in manufacturing and
information technology;
(4) establish
policies that enable lawmakers to better understand the challenges facing
American manufacturing, including—
(A) metrics that
measure the success of onshoring and manufacturing-related programs;
(B) baseline and
annual targets for high-value job creation and job repatriation; and
(C) improvements to
existing surveys of companies with overseas facilities;
(5) establish an
independent United States Economic Competitiveness Commission to provide
ongoing assessments of the competitiveness of the United States in key
sectors;
(6) further exercise
its oversight role by asking the National Academy of Sciences to assess the
effectiveness of Federal research and development funding and programs that
support advanced manufacturing; and
(7) call upon the
independent United States International Trade Commission and the Government
Accountability Office to contribute to a more comprehensive understanding of
distortive or discriminatory economic policies in global markets in order to
better support and assist United States companies.
3.
Inbound
investment program to recruit jobs to the United States
(a)
Program
required
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Commerce shall establish a program to award
grants to States that are recruiting high-value jobs. Grants awarded under this
section may be used to issue forgivable loans to eligible entities that are
deciding whether to locate eligible facilities in foreign countries or in the
United States to assist such entities in locating such facilities in rural or
distressed areas.
(b)
Federal grants
to States
(1)
In
general
The Secretary shall carry out the program through the
award of grants to States to provide loans described in subsection (c).
(2)
Application
(A)
In
general
A State seeking a grant under the program shall submit an
application to the Secretary in such manner and containing such information as
the Secretary may require. Once the program is operational, any State may apply
for a grant on an ongoing basis, until funds are exhausted. The Secretary may
also establish a process for pre-clearing applications from States. The
Secretary shall notify all States of this grant opportunity once the program is
operational. All information about the program and the State application
process must be online and must be in a format that is easily understood and is
widely accessible.
(B)
Elements
Each
application submitted by a State under subparagraph (A) shall include—
(i) a
description of the eligible entity the State proposes to assist in locating an
eligible facility in a rural or distressed area of the State;
(ii) a
description of such facility, including the number of high-value jobs relating
to such facility;
(iii) a
description of such rural or distressed area;
(iv) a
description of the resources of the State that the State has committed to
assisting such corporation in locating such facility, including tax incentives
provided, bonding authority exercised, and land granted; and
(v) such other
elements as the Secretary considers appropriate.
(C)
Notice
As
soon as practicable after establishing the program under subsection (a), the
Secretary shall notify all States of the grants available under the program and
the process for applying for such grants.
(D)
Online
submission of applications
The Secretary shall establish a
mechanism for the electronic submission of applications under subparagraph (A).
Such mechanism shall utilize an Internet website and all information on such
website shall be in a format that is easily understood and widely
accessible.
(E)
Confidentiality
The
Secretary may not make public any information submitted by a State to the
Secretary under this paragraph regarding the efforts of such State to assist an
eligible entity in locating an eligible facility in such State without the
express consent of the State.
(3)
Selection
The
Secretary shall award grants under the program on a competitive basis to States
that—
(A) the Secretary
determines are most likely to succeed with a grant under the program in
assisting an eligible entity in locating an eligible facility in a rural or
distressed area;
(B) if successful in
assisting an eligible entity as described in subparagraph (A), will create the
greatest number of high-value jobs in rural or distressed areas;
(C) have committed
significant resources, to the extent of their ability as determined by the
Secretary, to assisting eligible entities in locating eligible facilities in a
rural or distressed areas; or
(D) meet such other
criteria as the Secretary considers appropriate, including criteria relating to
marketing plans, benefits to ongoing regional or State strategies for economic
development, and job growth.
(4)
Limitation on
competition between states
The Secretary may not award a grant to
a State under the program to assist an eligible entity in locating an eligible
facility in such State if another State is seeking to assist such eligible
entity in locating such eligible facility in such other State.
(5)
Availability of
grant amounts
For each grant awarded to a State under the
program, the Secretary shall make available to such State the amount of such
grant not later than 30 days after the date on which the Secretary awarded the
grant. The total amount of grants awarded under this program may not exceed
$100,000,000.
(c)
Loans from
States to corporations
(1)
In
general
Amounts received by a State under the program shall be
used to provide assistance to an eligible entity to locate an eligible facility
in a rural or distressed area of the State.
(2)
Loans
A
State receiving a grant under the program shall provide assistance under
paragraph (1) in the form of a single loan to a single eligible entity as
described in paragraph (1) to cover the costs incurred by the eligible entity
in locating the eligible facility as described in such paragraph.
(3)
Loan terms and
conditions
Each loan provided under paragraph (2) shall have a
term of 5 years and shall bear interest at rates equal to the Federal long-term
rate under section 1274(d)(1)(C) of the Internal Revenue Code of 1986.
(4)
Amount
The
amount of a loan issued to an eligible entity under the program for the
location of an eligible facility shall be an amount equal to not more than
$5,000 per full-time equivalent employee to be employed at such
facility.
(5)
Repayment
Repayment
of a loan issued by a State to an eligible entity under the program shall be
repaid in accordance with such schedule as the State shall establish in
accordance with such rules as the Secretary shall prescribe for purposes of the
program. Such rules shall provide for the following:
(A) Forgiveness of
all or a portion of the loan, the amount of such forgiveness depending upon the
following:
(i) The
performance of the borrower.
(ii) The number or
quality of the jobs at the facility located under the program.
(B) Repayment of
principal or interest, if any, at the end of the term of the loan.
(d)
Existing
office
To the degree practicable, the Secretary shall carry out
the program through an office of the Department of Commerce that existed on the
day before the date of the enactment of this Act.
(e)
Assessment and
recommendations
(1)
Ongoing
assessment
The Secretary shall conduct an ongoing assessment of
the program.
(2)
Recommendations
The
Secretary may submit to Congress recommendations for such legislative action as
the Secretary considers appropriate to improve the program, including with
respect to any findings of the Secretary derived by comparing the program
established under subsection (a) with the programs and policies of governments
of other countries used to recruit high-value jobs.
(f)
Definitions
In this section:
(1)
Distressed
The
term distressed, with respect to an area, means an area in the
United States that, on the date on which the program is established under
subsection (a)—
(A) is included in
the most recent classification of labor surplus areas by the Secretary of
Labor; and
(B) has an
unemployment rate equal to or great than 110 percent of the unemployment rate
of the United States.
(2)
Eligible
entity
The term eligible entity means an entity that
employs not fewer than 50 full-time equivalent employees in high-value
jobs.
(3)
Eligible
facility
The term eligible facility means a facility
at which—
(A) an eligible
entity employs not fewer than 50 full-time equivalent employees in high-value
jobs;
(B) with respect to a
rural or distressed area, the mean of the wages provided by the eligible entity
to individuals employed at such facility is greater than the mean wage for the
county in which the rural or distressed area is located; and
(C) the facility derives at least the majority of its revenues
from—
(i) goods production;
or
(ii) providing
product design, engineering, marketing, or information technology services.
(4)
High-value job
defined
The term
high-value job means a job that—
(A) exists within an
eligible facility; and
(B) has a North
American Industrial Classification that corresponds with manufacturing,
software publishers, computer systems design, or related codes, and is higher
than the mean hourly wage in the country.
(5)
Rural
The
term rural, with respect to an area, means any area in the United
States which, as confirmed by the latest decennial census, is not located
within—
(A) a city, town, or
incorporated area that has a population of greater than 20,000 inhabitants;
or
(B) an urbanized area
contiguous and adjacent to a city or town that has a population of greater than
50,000 inhabitants.
4.
United States
Economic Competitiveness Commission
(a)
Establishment
There
is established a commission to be known as the United States Economic
Competitiveness Commission (referred to in this section as the
Commission).
(b)
Membership
(1)
Composition
The
Commission shall be composed of 12 members appointed as follows:
(A) Three members
appointed by the majority leader of the Senate.
(B) Three members
appointed by the minority leader of the Senate.
(C) Three members
appointed by the Speaker of the House of Representatives.
(D) Three members
appointed by the minority leader of the House of Representatives.
(2)
Deadline for
appointment
Each member of the Commission shall be appointed not
later than 180 days after the date of the enactment of this Act.
(3)
Terms
Each
member of the Commission shall be appointed for a term of 2 years and may serve
not more than 3 terms.
(4)
Vacancies
Any
vacancy in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.
(5)
Meetings
The
Commission shall meet at least once each month at the call of the chairperson
or a majority of its members. The Commission shall hold at least 1 meeting in
corporation in each of 6 months per year.
(6)
Quorum
Eight
members of the Commission shall constitute a quorum, except that if a majority
of members in the quorum have been appointed by a leader of the same political
party, the quorum shall include not fewer than 3 members appointed by a leader
of the other political party.
(7)
Chairperson and
vice chairperson
The Commission shall elect a chairperson and
vice chairperson from among its members. The term of office of the chairperson
and vice chairperson shall be 2 years.
(c)
Duties
(1)
Ongoing
assessment of united states competitiveness
(A)
Assessment
required
The Commission shall conduct an ongoing independent
assessment of the competitiveness of the United States in the global economy in
order to offer recommendations to the Government for the improvement of United
States competitiveness over time.
(B)
Elements
In
carrying out the assessment required by subparagraph (A), the Commission shall,
on an ongoing basis—
(i) assess the
competitiveness of the United States in all sectors of the global economy,
including sectors relating to manufacturing, aerospace, communications,
information technology, energy, life sciences, biotechnology, and such other
sectors as the Commission considers appropriate;
(ii) identify,
including through use of the Technology Database Mapping Program developed
under paragraph (2)—
(I) markets
(including anticipated markets) for new and developing technologies in each
sector of the global economy; and
(II) new and
developing process technologies, including manufacturing process technologies
that can be used by United States corporations to gain a competitive advantage
in such sectors of the global economy; and
(iii) identify
measures to take advantage of the markets and technologies identified under
subclauses (I) and (II) of clause (ii), respectively, to give the United States
a competitive advantage in such sectors of the global economy, including, as
appropriate, measures to encourage and facilitate the development, acquisition,
and use of technologies described in such subclauses.
(2)
Technology
database mapping program
The Commission shall develop a detailed,
accurate, and comprehensive computer program database, to be known as the
Technology Database Mapping Program, to identify and keep track
of new and developing technologies described in subclauses (I) and (II) of
paragraph (1)(B)(ii).
(3)
Repository
The
Commission shall serve as an independent repository for information about
technological developments in global markets.
(4)
Reports
(A)
Periodic
reports
The Commission shall submit to Congress, at such periodic
frequency as the Commission considers appropriate, a report on the
competitiveness of the United States in the global economy.
(B)
Elements
Each
report submitted pursuant to subparagraph (A) shall include the
following:
(i) The
findings of the Commission with respect to the most recent assessment carried
out pursuant to clause (i) of paragraph (1)(B).
(ii) A
description of the markets and technologies identified pursuant to clause (ii)
of such paragraph.
(iii) A
description of the measures identified pursuant to clause (iii) of such
paragraph and any factors affecting the implementation of such measures,
including factors relating to the following:
(I) Proposed trade
agreements and the enforcement of existing trade agreements.
(II) Taxation.
(III) Government
procurement and Government regulations.
(IV) The United
States patent system.
(V) Intellectual
property laws and the enforcement of such laws.
(VI) Education,
including vocational training.
(VII) Research and
development programs.
(VIII) Infrastructure
development, with emphasis on improvements necessary to attract new
jobs.
(iv) Recommendations
for national priorities for advanced research projects for industries of the
future.
(C)
Ad hoc
reports
The Commission shall submit to Congress such other
reports as are requested by members of Congress or congressional
committees.
(d)
Powers of
commission
(1)
Hearings and
evidence
The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out this section. The Commission may
administer oaths or affirmations to witnesses appearing before it.
(2)
Powers of
members and agents
Any member or agent of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take under this section.
(3)
Information
from federal agencies
The Commission may secure directly from any
Federal department or agency such information as the Commission considers
necessary to enable it to carry out this section. Upon request of the
chairperson of the Commission, the head of such department or agency shall, to
the extent authorized by law, furnish such information to the
Commission.
(4)
Postal
services
The Commission may use the United States mails in the
same manner and under the same conditions as other departments and agencies of
the Federal Government.
(5)
Gifts,
bequests, and devises
The Commission may accept, use, and dispose
of gifts, bequests, or devises of services or property, both real and personal,
for the purpose of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in the Treasury of
the United States and shall be available for disbursement upon order of the
chairperson of the Commission.
(6)
Administrative
support services
Upon the request of the Commission, the
Administrator of the General Services Administration shall provide to the
Commission, on a reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities under this
section.
(7)
Contract
authority
To the extent or in the amounts provided in advance in
appropriation Acts, the Commission may contract with and compensate government
and private agencies or corporations to enable the Commission to discharge its
duties under this section.
(e)
Commission
personnel matters
(1)
Service without
pay
The members of the Commission shall serve without pay.
(2)
Travel
expenses
Each member shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3)
Staff
(A)
Director
(i)
In
general
Subject to subparagraph (C) and to the extent provided in
advance in appropriation Acts, the Commission shall appoint and fix the
compensation of a director.
(ii)
Duties
The
director of the Commission shall be responsible for the administration and
coordination of the duties of the Commission and shall perform such other
duties as the Commission may direct.
(B)
Staff
In
accordance with rules agreed upon by the Commission, subject to subparagraph
(C), and to the extent provided in advance in appropriation Acts, the director
may appoint and fix the compensation of such additional personnel as may be
necessary to enable the Commission to carry out its duties.
(C)
Applicability
of certain civil service laws
The director and staff of the
Commission may be appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service and may be
compensated without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and General Schedule pay
rates, except that—
(i) compensation
fixed under subparagraph (A)(i) may not exceed $150,000 per year; and
(ii) compensation
fixed under subparagraph (B) may not exceed a rate equal to the daily
equivalent of the annual rate of basic pay for level V of the Executive Schedule.
(4)
Experts and
consultants
In accordance with rules agreed upon by the
Commission and to the extent provided in advance in appropriation Acts, the
director may procure the services of experts and consultants under section
3109(b) of title 5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the annual rate of basic pay for level V of the
Executive Schedule under section 5316 of such title.
(5)
Detail of
Government employees
Upon request of the Commission, the head of
any Federal department or agency may detail, without reimbursement from the
Commission, any of the personnel of that department or agency to the Commission
to assist it in carrying out its duties under this section. Such detailee shall
retain the rights, status, and privileges of their regular employment without
interruption.
(f)
Termination
The
authority for the Commission provided in this section shall terminate and the
Commission shall be dissolved on September 30, 2017.
(g)
Authorization
of appropriations
There is authorized to be appropriated to carry
out this section $1,000,000 for each of the fiscal years 2014 through
2018.
5.
Improvements to
Federal efforts to support job creation in manufacturing and services
sectors
(a)
Baseline and
annual targets
Each year, the
Secretary of Commerce shall establish a baseline and target levels for—
(1) high-value job creation and high-value job
growth in United States manufacturing and information technology; and
(2) repatriating high-value jobs to the United
States.
(b)
Recommendations
To encourage repatriation of high-Value jobs
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Commerce shall, in consultation with relevant
Federal agencies, develop recommendations for such executive or legislative
action as the Secretary considers appropriate—
(A) to expand the
scope of high-value jobs performed by companies in the United States in order
to create new jobs in the United States, including efforts—
(i) to
serve the United States domestic market;
(ii) to
increases exports from the United States to overseas; and
(iii) to identify and
support developments in emerging sectors;
(B) to expand the
scope of engineering work performed by companies in the United States in order
to create new jobs in the United States, including efforts described in
subparagraph (A);
(C) to assess—
(i) the
effectiveness of current laws on companies based in the United States in terms
of the effect on marginal decisions on where to locate capacity expansions;
and
(ii) if
United States domestic or global growth occurs, how can legislation facilitate
United States-based companies expanding their United States-based
manufacturing, not solely their foreign-based manufacturing operations;
and
(D) to encourage
United States corporations with production or services located in a foreign
country to repatriate such production or services to the United States,
including foreign earnings, for the purpose of increasing investment and job
creation in the United States.
(2)
Elements
The
recommendations required by paragraph (1) shall include the following:
(A) An assessment of
the effectiveness of current law in encouraging the repatriation of foreign
earnings to the United States and in investing foreign earnings in the United
States, including an estimate of the loss of revenue to the United States from
any existing policies.
(B) An assessment of
the feasibility and advisability of additional legislative action to encourage
the repatriation of manufacturing production or services to the United
States.
(C) An estimate of
the potential impacts of the legislative action described in subparagraph
(B).
(D) Development of
recommendations regarding legislative action described in subparagraph
(B).
(3)
Report
(A)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Commerce shall submit to Congress the
recommendations required by paragraph (1).
(B)
Publication
Upon
submission of the report pursuant to subparagraph (A), the Secretary shall make
such report available to the public.
(c)
Establishment
of repatriation task forces
(1)
Establishment
The
Secretary of Commerce may establish such task forces as the Secretary considers
necessary to meet the baseline and target levels established under subsection
(a) and, to the extent possible, implement the recommendations issued under
subsection (b).
(2)
Cooperation
To
the degree practicable, each task force established pursuant to paragraph (1)
shall cooperate with—
(A) the President's
Council on Innovation and Competitiveness in the development of the agenda
required by section 1006(d)(1) of the America COMPETES Act (15 U.S.C.
3718(d)(1)); and
(B) other relevant
efforts to improve United States competitiveness.
(3)
Membership
Each
task force established pursuant to paragraph (1) shall be composed of members
appointed by the Secretary as follows:
(A) At least 1
representative of each of the following:
(i) The
Office of the Secretary of Commerce.
(ii) The Economic
Development Administration.
(iii) The
International Trade Administration.
(iv) The United
States Patent and Trademark Office.
(v) The
National Institute of Standards and Technology.
(vi) The Bureau of
Industry and Security.
(B) Not fewer than 3
representatives of the private sector, including different industries
representing the manufacturing sector, as the Secretary considers
appropriate.
(4)
Duties
Each
task force established pursuant to paragraph (1) shall—
(A) identify United
States corporations with production or services located in a foreign country
that are interested in repatriating goods or services production to the United
States;
(B) identify the
unique needs of each corporation described in subparagraph (A) that are
necessary to facilitate repatriation;
(C) advise and assist
corporations described in subparagraph (A) and State and local governments to
promote and facilitate repatriation opportunities;
(D) act as an
impartial advocate for all State and local governments choosing to compete for
facilities or jobs being repatriated;
(E) to the maximum
extent practicable, work with Federal agencies to provide the technical
assistance necessary to corporations described in subparagraph (A) and State
and local governments to facilitate the repatriation of facilities or jobs to
the United States;
(F) educate
corporations described in subparagraph (A) and State and local governments
on—
(i) each task force
established pursuant to paragraph (1); and
(ii) all Federal
assistance available to facilitate repatriation of facilities and jobs relating
to the manufacturing and information technology sectors;
(G) identify Federal
policies and regulations that—
(i) encourage the
offshoring of United States manufacturing and information technology jobs or
facilities; or
(ii) that discourage
repatriation of such jobs or facilities; and
(H) work closely with
the President and relevant agencies to change the policies and regulations
identified pursuant to subparagraph (G) to discourage offshoring of United
States manufacturing and traded services and to encourage the repatriation of
manufacturing and services.
(d)
Nonduplication
of efforts
In carrying out the requirements of this section, the
Secretary shall, to the degree practicable, coordinate with any existing
efforts to improve the competitiveness of the United States in the global
economy and to strengthen the manufacturing and information technology-related
sectors of the United States.
(e)
High-Value job
defined
In this section, the
term high-value job has the meaning given the term in section
3(f).
6.
Utilization of
industry-approved certification assessments and standards to improve education
and training program performance
(a)
In
general
The Secretary of Commerce, in cooperation with the
Secretary of Labor, the Secretary of Education, and the heads of other relevant
Federal agencies and industry partners, shall take such actions as may be
necessary to ensure that industry-approved certification assessments and
standards are established and available to providers of education and training
programs in manufacturing and information technology not later than 2 years
after the date of the enactment of this Act in order to improve the performance
of training programs and to ensure that individuals who complete such training
have the skills necessary to enter high-skill, high-demand occupations in
manufacturing and information technology.
(b)
Activities
To
ensure that education and training providers have access to industry-approved
certification assessments and standards pursuant to subsection (a), the
Secretary of Commerce shall—
(1) create an initial
list of high-skill, high-demand manufacturing and information technology
occupations where academically accredited degrees are not required for job
entrance;
(2) catalogue
existing current, industry-approved training and education program standards
that have accompanying objective certification assessments, which may be the
products of Federal agencies, State agencies, local workforce investment
boards, community and technical colleges, apprenticeships, industry
associations, or localized industry formations within or across States or
education organizations, or any other institution the Secretary considers
appropriate;
(3) identify
industry-approved training and education program standards that do not have a
certification assessment to measure the competency of those completing
training, and where such assessments do not exist, work with relevant Federal
agencies, State agencies, education and training organizations, and
representatives of affected industries and industry-approved skills standards
accrediting bodies to create objective certification assessments for industries
that have substantial current or future employment, as determined by the
Secretary;
(4) identify training
and education programs that do not implement industry-approved standards and
accompanying certification assessments, and where neither standards nor
assessments exist, work with relevant Federal agencies, State agencies,
education and training organizations, and representatives of the affected
industries and industry-approved skills standards accrediting bodies to create
industry-recognized standards and objective certification assessments for
industries that have substantial current or future employment, as determined by
the Secretary;
(5) include within
the catalogue required by paragraph (2) any training or education program
standards or certification assessments created under paragraph (3) or (4);
and
(6) not less
frequently than once every 3 years, review the catalogue required by paragraph
(2) to ensure training and education programs and accompanying certification
assessments are current and continue to have industry-approval, and in any case
in which training and education programs have lost industry-approval, work with
the effected industries, related Federal agencies, and education and training
organizations—
(A) to identify
existing standards and assessments that are appropriate; or
(B) to create
them.
(c)
Performance
evaluations
(1)
In
general
The Secretary shall evaluate the assessments and
standards described in subsection (a) by assessing—
(A) how accurately
the assessments described in such subsection measure the competency of workers
who have completed education and training programs described in such
subsection; and
(B) the satisfaction
of manufacturing and information technology companies with the quality of such
assessments and standards.
(2)
Collection of
data
In evaluating assessments and standards under paragraph (1),
the Secretary shall work with relevant agencies and industry organizations to
collect the following data:
(A) The number of
students taking each occupational assessment annually.
(B) The number of
students demonstrating competency on each assessment on the first, second, or
third attempt, annually.
(C) The number of
assessed students employed in the occupation for which they were
trained.
(3)
Annual
survey
Not less frequently than once each year, the Secretary
shall carry out a survey, through an existing annual industry survey if
practicable, of a sample of manufacturing and information technology firms to
assess—
(A) satisfaction with
the assessments and standards described in subsection (a); and
(B) labor shortages
by each high-skill, high-demand occupation.
(4)
Publication of
results
Not less frequently than once each year, the Secretary
shall publish the results of the evaluations carried out under paragraph (1)
and the surveys carried out under paragraph (3). In publishing such results,
the Secretary shall disaggregate data by State and where possible by county,
State and local workforce investment board, and training or education
provider.
(d)
Seal
In
carrying out subsection (a), the Secretary shall establish a Department of
Commerce Certification of Excellence that the Secretary shall make available to
education and training providers that use the assessments and standards
described in such subsection and who show strong evidence of success in placing
students in the occupations for which they were trained. If the Secretary
establishes a seal or indicator under this subsection, the Secretary shall
establish a process for revocation of the seal if the quality of the assessment
is not maintained.
(e)
Innovation
awards
In carrying out this section, the Secretary may
collaborate with relevant Federal agencies to issue awards to providers of
training and education programs described in subsection (a) to encourage
innovative and promising practices for the purpose of developing, improving,
and implementing the most successful methods for addressing the education and
training needs of participants in career and technical education programs,
including through existing programs at such agencies.
7.
Feasibility
assessment for manufacturing capacity improvement partnership
(a)
Assessment and
evaluation
Not later than 1
year after the date of the enactment of this Act, the Secretary of Commerce, in
consultation with the President of the Export-Import Bank of the United States,
shall—
(1) assess the feasibility and advisability of
creating a partnership to improve the manufacturing capacity of the United
States; and
(2) evaluate options for integration of global
business development activities of United States companies into existing
Federal programs that facilitate participation by United States businesses in
the global marketplace.
(b)
Report
The Secretary of Commerce shall submit a
report to the Committee on Commerce,
Science, and Transportation of the Senate that contains the
results of the assessment and evaluation carried out under subsection
(a).
8.
Surveys of
United States corporations with manufacturing facilities or customer service
centers located in foreign countries
(a)
Improvements to
surveys carried out by Bureau of Economic Analysis
(1)
In
general
Not later than 1 year after the date of the enactment of
this Act, the Secretary of Commerce, in cooperation with other Federal
agencies, shall improve existing annual surveys and 5-year benchmark surveys
conducted by the Bureau of Economic Analysis to gather information about all
companies in the United States that own or operate manufacturing or information
technology facilities, including customer service facilities outside of the
United States, to identify—
(A) the dollar value
of products manufactured or information technology provided at such facilities
by category and by type of product or service;
(B) the total
employment at such facilities, disaggregated by type of activity or occupation,
including the number of full-time employees, part-time employees, contractors,
and any other personnel not included on payroll which contribute to such
facility;
(C) information
relevant to geolocate such facilities within the supply chain; and
(D) such other
information as the Secretary considers may assist in the development of such
surveys.
(2)
Standardization
(A)
In
general
In improving surveys as required by paragraph (1), the
Secretary shall establish a policy to ensure that the findings of the Secretary
with respect to each such survey, across all types of companies, use
standardized data elements, models, and outcome-based analysis in a manner that
assists the Federal Government in better tracking data gathered by the surveys
described in such paragraph.
(B)
North american
industry classification system
The policy established under
subparagraph (A) may include requirements for the use of the North American
Industry Classification System and related product classification systems
developed by the Bureau of the Census.
(3)
Coordination
The
Secretary shall require the Director of the Bureau of Economic Analysis, the
Director of the Bureau of the Census, the Director of the Bureau of Labor
Statistics, and such other heads of bureaus, offices, and agencies of the
Department of Commerce and other Federal agencies that are responsible for
collecting and analyzing data relevant to the surveys described in paragraph
(1) to share aggregate-level data with each entity collecting data in support
of the survey or as part of the surveys described in paragraph (1).
(4)
Use of
technology for more efficient data collection
To the degree
practicable, the Secretary shall use technology to increase the efficiency of
data collected for the surveys described in paragraph (1).
(b)
Database
The
Secretary shall make available all of the aggregate-level data generated
through the surveys described in subsection (a)(1) to—
(1) the Data.gov
Internet website, or any successor Federal Internet website that centralizes
Government-wide data and statistics or seeks to improve the performance of the
Federal Government; and
(2) the Internet
website of the Department of Commerce.
(c)
Reports
(1)
Findings and
analysis
The Secretary shall submit to Congress the findings and
analysis of the Secretary with respect to the surveys improved under subsection
(a) along with other reports the Secretary is otherwise required to submit to
Congress.
(2)
Recommendations
As
soon as practicable after the date of the enactment of this Act, the Secretary
shall submit to Congress specific short-term and long-term recommendations
regarding—
(A) longitudinal
trends in United States manufacturing and the creation or repatriation of
manufacturing and information technology jobs to the United States;
(B) legislative
action to improve the competitiveness of United States manufacturing and
information technology, including specific recommendations which relate to
ongoing efforts of the Federal Government to improve the competitiveness of
United States manufacturing and information technology; and
(C) such other
criteria as the Secretary considers appropriate, including coordination with
ongoing regional or State strategies for economic development and job
growth.
(d)
Confidentiality
protections
Notwithstanding any other provision of this section,
all data collected through the surveys improved under subsection (a) shall
remain subject to the confidentiality protections established with respect to
such surveys under the provisions of law authorizing or requiring such
surveys.
(e)
Penalty
Notwithstanding
any other provision of law, a corporation that is invited to participate in a
survey described in subsection (a)(1) but refuses to participate in such survey
shall not be eligible to enter into any contract or to renew any contract with
the United States, receive any grant from the Federal Government, or act as a
subcontractor or subgrantee with respect to such a contract or grant.
9.
National Academy
of Sciences recommendations for improving advanced manufacturing
(a)
Agreement
Not
later than 60 days after the date of the enactment of this Act, the Secretary
of Commerce shall seek to enter into an agreement with the National Academy of
Sciences to perform the services covered by this section.
(b)
Development of
recommendations
(1)
In
general
Under an agreement between the Secretary and the National
Academy of Sciences under this section, the National Academy of Sciences shall
develop recommendations for improving the competitive capabilities of United
States industrial facilities.
(2)
Elements
The
study shall include the following:
(A) Consideration of
the benefits of—
(i) the
innovative application of advanced manufacturing technologies, processes, and
methods for product design and production, including rapid development of
prototypes, scalability of new products, and technology;
(ii) commercialization
of research funded by university research programs; and
(iii) such other
issues as the National Academy of Sciences considers relevant to improving the
competitive capabilities of United States industrial facilities.
(B) An analysis of
the issues in implementing improvements to United States industrial
facilities.
(C) Recommendations
on how the issues described in subparagraph (B) can be mitigated or
promoted.
(3)
Considerations
In
developing recommendations pursuant to paragraph (1), the National Academy of
Sciences shall consider the following:
(A) The ongoing
efforts of the President to create jobs in the United States by improving the
ability of United States manufacturing facilities to compete in the global
economy.
(B) The
reorganization of Federal departments and agencies.
(C) Measures
undertaken by Congress to reduce the deficit.
(c)
Reports
Not
later than 1 year after the development of the recommendations under this
section, the Secretary of Commerce shall submit to Congress a report describing
such recommendations.
(d)
Authorization
of appropriations
There is authorized to be appropriated to the
Secretary of Commerce to carry out this section such sums as may be necessary
to carry out this section.
10.
Assessment of
distortive economic policies
(a)
Biennial report
of United States international trade commission
(1)
In
general
Not later than 1 year after the date of the enactment of
this Act and not less frequently than once every 2 years thereafter, the United
States International Trade Commission shall submit a report to Congress and the
President that quantifies the effects of distortive or discriminatory economic
policies of foreign countries, inclusive of any overarching policy or
systematic approach, such as discrimination against United States companies,
trading monopolies, restrictive government procurement policies or practices,
tax policies or preferences, foreign direct investment policies or practices,
standards or subsidies, restrictive domestic financial policies, and
intellectual property theft in terms of their potential adverse effect on the
economic or commercial interests of United States industries, producers, and
employees as outlined in the National Trade Estimate. The Commission shall
assess the effects of countries, practices, and industries in the National
Trade Estimate, and other existing trade reports if appropriate, that are
commercially significant and pose the greatest potential opportunity or threat
to the United States over the next 10 years.
(2)
Elements
Each
report submitted under paragraph (1) shall include the following:
(A) Qualitative
indicators of specific policies and practices that may be unfair, distortive,
or anti-competitive carried out by specific foreign countries and an assessment
of the relative significance of such policies and practices.
(B) An assessment of
resources spent in foreign countries that are being used to preclude exports of
United States goods and services, United States interests, or to support the
development of technologies, manufacturing base, and businesses that compete
directly with United States businesses.
(3)
Facilitation
To
assist in the preparation of each report required by paragraph (1), the
Commission shall facilitate the reporting by interested persons of distortive
economic policies and practices, where possible.
(b)
Report by
Comptroller General of the United States
Not later than 1 year
after the initial International Trade Commission report which includes the
requirements under this section, the Comptroller General of the United States
shall submit to Congress a report that—
(1) assesses the
effectiveness of—
(A) the
recommendations carried out or implemented by trade agencies including actions
taken to mitigate distortive economic policies and practices of countries, with
emphasis on the most egregious problems; and
(B) recommendations
identified by such agencies that were not carried out or were
unsuccessful;
(2) identifies gaps
in trade or foreign economic policies of the United States which should be
addressed by the executive branch or by legislation; and
(3) identifies
agencies or programs which have successfully implemented policies to discourage
distortive economic activities, including—
(A) specific steps
taken by each program to reduce such policies and practices;
(B) recommendations
on how these entities can improve their awareness and monitoring of distortive
economic policies or practices and develop programs to discourage their use;
and
(C) other information
which may help inform efforts to develop programs to combat these policies and
practices.
11.
Limitation on
Government printing costs
Not
later than 180 days after the date of the enactment of this Act, the Director
of the Office of Management and Budget shall coordinate with the heads of
Federal departments and independent agencies—
(1) to determine
which Government publications could be available on Government Internet
websites and no longer printed;
(2) to devise a
strategy to reduce overall Government printing costs over the 10-year period
beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, except that the Director shall ensure that
essential printed documents prepared for social security recipients, Medicare
beneficiaries, and other populations in areas with limited Internet access or
use continue to remain available;
(3) to establish
Government-wide Federal guidelines on employee printing;
(4) to issue on the
Office of Management and Budget’s public Internet website the results of a cost-benefit
analysis on implementing a digital signature system and on establishing
employee printing identification systems, such as the use of individual
employee cards or codes; and
(5) to monitor the
amount of printing done by Federal employees, except that the Director of the
Office of Management and Budget shall ensure that Federal employee printing
costs unrelated to national defense, homeland security, border security,
national disasters, and other emergencies do not exceed $860,000,000
annually.