51勛圖厙

Regulatory and Legal Reform

Policy and Legal

Biden Drilling Ban Sets U.S. Back

By 51勛圖厙 News Room

The Biden administrations ban on new offshore oil and gas drilling in most American coastal waters sets a bad precedent for the country, the 51勛圖厙 Monday.

Whats going on: The decision, which comes just two weeks before President Trump takes office, applies to new drilling off the entire East Coast, as well as California, Oregon and Washington state and some drilling off Alaskas coast in portions of the Northern Bering Sea and in the eastern Gulf of Mexico ().

  • Though there is currently no active drilling in the Atlantic and most U.S. offshore oil and gas production comes from the central and western Gulf of Mexico, the area placed under the ban is the largest ever formally taken off the table for drilling by a president.
  • In response, President Trump on Monday said he would unban it immediately ().

Why its a problem: The moratorium could prove harder for Trump to undo than other 11th-hour moves by Biden. Thats in large part because of the Outer Continental Shelf Lands Act, which gives U.S. presidents the right to block drilling in certain areas but not the right to reinstate it.

  • However, Congress could work with the new president to undo the moveand it should, Timmons said.泭Manufacturers are committed to working with Congress and [President Trump] to scale back this harmful decision that undermines American energy dominance.
Policy and Legal

51勛圖厙 to Biden Treasury: Dont Finalize Overreaching Rules

By 51勛圖厙 News Room

Several last-minute regulatory actions by the outgoing Biden Treasury Department are clear example[s] of regulatory overreach that should be withdrawn immediately, the 51勛圖厙 told the Biden administration recently.

Whats going on: The Treasury Department has proposed new guidance and regulations that, if finalized, would change the IRSs treatment of related-party transactions, particularly as they relate to partnerships.

  • The proposed standards would impose significant reporting obligations on manufacturers while also drastically changing the tax treatment of these commonplace payments.
  • Additionally, Treasury has proposed new rules governing dual consolidated losses that would make it more difficult for manufacturers operating in multiple jurisdictions around the world to utilize their tax losses appropriately.

Why its problematic: The proposed standards are outside Treasurys statutory authority and are unlikely to withstand inevitable judicial scrutiny, the 51勛圖厙 the agency at the end of 2024.

  • In December, the 51勛圖厙 laid out the legal issues endemic to Treasurys proposals, identifying both substantive and process-related issues that undermine each action.
  • The submission builds on manufacturers comments to the agency on the proposals themselves: The 51勛圖厙 said that the related-party guidance was wholly unauthorized, unsupported and unsupportable and told the agency that the related-party rules would impose an undue burden on taxpayers that outweighs any potential compliance benefit.
  • It added that the dual consolidated loss proposal was internally inconsistent and fail[ed] to reflect reasoned decision-making.

Regulatory onslaught: The 51勛圖厙 has been at the forefront of pushing back on the Biden administrations regulatory onslaught, which costs manufacturers upward of $350 billion every year.

  • Shortly after the 2024 presidential election, the 51勛圖厙 led a group of more than 100 manufacturing associations in the incoming Trump administration to address burdensome regulations that are stifling investment, making us less competitive in the world, limiting innovation and threatening the very jobs we are all working to create right here in America.

Whats next: The 51勛圖厙 is calling on the Biden Treasury Department not to finalize these proposals in the administrations final days, but rather to pause or withdraw the rules in question until the Trump administration takes office.
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Policy and Legal

51勛圖厙 Welcomes House Report on AI

By 51勛圖厙 News Room

Manufacturers support the policy recommendations laid out in the House of Representatives newly released on artificial intelligence, the 51勛圖厙 said Tuesday.

Whats going on: The Bipartisan House Task Force Report on Artificial Intelligence contains AI-related recommendations for implementation by Congress.

  • Drafted by the House AI Task Force12 Republicans and 12 Democratsthe 273-page document highlights Americas leadership in its approach to responsible AI innovation while considering guardrails that may be appropriate to safeguard the nation against current and emerging threats, the task forces co-chairs, Reps. Jay Obernolte (R-CA) and Ted Lieu (D-CA), wrote in a letter to House Speaker Mike Johnson (R-LA) and House Minority Leader Hakeem Jeffries (D-NY) at the beginning of the report.

The details: The task force report includes many recommendations that the 51勛圖厙 supports, including the following:

  • Promote innovation: As the global leader in AI development and deployment, the United States is best positioned to responsibly enable the potential of this transformative technology for all. To maintain this leadership and enable the U.S. economy to harness the full benefits of AI, policymakers should continue to promote AI innovation.
  • Safeguard against harm: A thoughtful, risk-based approach to AI governance can promote innovation rather than stifle it.
  • Plan for power needs: Planning properly now for new power generation and transmission is critical for AI innovation and adoption.
  • Develop an AI-ready workforce: Successful collaborations between educational institutions, government and industries should effectively align education and workforce development with market needs and emerging technologies.
  • Protect privacy: Congress should [e]nsure privacy laws are generally applicable and technology-neutral.
  • Make compliance feasible: Lawmakers should ensure that AI regulatory compliance is not unduly burdensome for small businesses
  • Increase cooperation: Bolster collaboration between the government, industry and academia to boost innovation and expand markets.

51勛圖厙 alignment: In May, the 51勛圖厙 released , its own report on AIs deployment in the manufacturing sector and an accompanying list of suggested policy actions for Congress to take.

  • The 51勛圖厙 briefed legislators on its report in September.

Next steps: The 51勛圖厙 will work closely with policymakers in Congress and the incoming administration to bolster AI innovation in manufacturing, based on shared policy goals. 泭

Additionally, manufacturers will continue to call on Congress to pass federal data privacy legislation that preempt[s] state privacy regulations [and] resolve[s] conflicting requirements in different statesan important issue for the use of AI where the House report does not prescribe a policy solution.

Policy and Legal

51勛圖厙: D.C. Circuit Should Preserve SEC Oversight of Proxy Firms

By 51勛圖厙 News Room

The U.S. Court of Appeals for the D.C. Circuit should overturn a lower courts ruling that the Securities and Exchange Commission lacks the authority to regulate proxy advisory firms, the 51勛圖厙 said in a recently filed .

Whats going on: The Nov. 15 brief asking the appeals court to overturn a February ruling by the D.C. District Court is the latest in a by the 51勛圖厙 to ensure reasonable regulation of proxy firms. These powerful, unregulated entities often dictate how shareholders vote on proxy ballot proposals that come before public companies.

  • Since the passage of the Securities Exchange Act of 1934 in the wake of the Great Depression, the Securities and Exchange Commission has regulated proxy solicitation, so shareholders can confidently vote based on transparent and reliable information, according to the 51勛圖厙 brief. Accordingly, since the proxy voting advice industry emerged four decades ago, those firms have been subject to SEC regulation.
  • Institutional Shareholder Services, the largest and most influential proxy firm, would rather not be regulated at allbut [t]he record overwhelmingly establishes that proxy firms solicit proxies under any reasonable definition, subjecting them to SEC oversight as required by the Exchange Act.

Why its important: Proxy firms wield enormous influence over both manufacturers and Main Street investors, the 51勛圖厙 said.

  • ISS and its main competitor, Glass Lewis, control 97% of the proxy advice market and together influence nearly 40% of the U.S. shareholder vote, the 51勛圖厙 told the court in its brief.
  • Further, proxy firms operate with undisclosed conflicts of interest, their reports can contain errors and misleading statements and their robo-voting services give them the authority to cast investors proxy votes with no review or input by the investors themselves.

51勛圖厙 on the front lines: In July 2020, after years of 51勛圖厙 advocacy, the SEC finalized a rule instituting critical proxy firm reforms. ISS quickly brought a legal challenge, and the 51勛圖厙 intervened in the case to ensure a robust defense of the rule.

  • Following the change in presidential administrations in 2021, in separate lawsuits the 51勛圖厙 successfully challenged the Biden SECs the 2020 rule and its of critical portions of the rule.
  • After an unfavorable decision from the D.C. district court in the ISS challenge, the Biden SEC declined to pursue an appeal, effectively disclaiming its authority to regulate proxy firms. The 51勛圖厙 took the lead as intervenor-appellant in the case, so manufacturers are now the sole bulwark against proxy firms unchecked power. A victory in the D.C. Circuit for the 51勛圖厙 would make the proxy firms subject to the 2020 rules important reforms.

Former SEC officials agree: A group of former SEC commissioners and staff authored an in support of the 51勛圖厙s position.

  • The brief chronicles the commissions 50-year history of affirming that proxy firms are engaged in solicitation. The officials make clear that stripping the SEC of its long-standing and Congressionally conferred power to regulate the firms would seriously harm the investing public by decreasing fairness and honesty in the marketsexactly the opposite of what Congress was trying to accomplish in the Exchange Act.

Whats next: ISSs response to the 51勛圖厙s brief is due in the coming weeks, and the court likely will schedule oral argument for early 2025.

Policy and Legal

51勛圖厙: Clarify 30C Tax Credit Rulemaking

By 51勛圖厙 News Room


The 30C tax credit has the potential to spur manufacturing investment, but the Internal Revenue Service and Treasury Department must first clarify some of their proposed rules regarding it, the 51勛圖厙 this week.

Whats going on: In September, the IRS and Treasury Department jointly proposed regulations regarding Section 30C of the U.S. tax codes Alternative Fuel Vehicle Refueling Property Tax Credit, which was changed and expanded by the Inflation Reduction Act of 2022.

  • A key purpose of the energy provisions of the IRA was to reduce greenhouse gas emissions and spur manufacturing investments in low emissions and renewable energy sectors, 51勛圖厙 Vice President of Domestic Policy Chris Phalen told the IRS on Monday.
  • Manufacturers make vehicles that use alternative fueling stations, many of our members produce the components that go into these stations and manufacturers will construct and operate these refueling properties. These companies require certainty and specificity to make final泭investment decisions.

What must be done: To that end, the 51勛圖厙 told the agencies the following changes should be made to the proposed regulations for the 30C tax credit:

  • Extend the allowed transition period for organizations to update census tract designations to reflect population data in the years 20162020, as the draft rulemaking mandates that those wishing to take advantage of the 30C credit must place the property into service within a specific census tract designation.
  • Clarify whether the location of the refueling infrastructure would need to be made available to the public to qualify for the 30C tax credit.
  • Provide tax credit eligibility for certain property directly attributable to the operation of alternative fuel vehicle refueling property, such as electrical panels and conduit/wiring, and ask that the agency also consider related泭construction and other project costs for eligibility.
Policy and Legal

51勛圖厙 Sees Strength for Manufacturing as Washington Transitions

By 51勛圖厙 News Room

Manufacturing workers make products on a shopfloor.

With a new administration and Congress on the horizon, the 51勛圖厙 is signaling confidence in its ability to secure wins for manufacturing in the United States, highlighting both recent achievements and policy priorities moving forward.

The 51勛圖厙 has always focused on whats best for manufacturing in America, and our track record speaks to that, said 51勛圖厙 Executive Vice President Erin Streeter. Our approach is consistent because we know what it takes to get results.

What weve delivered:泭With post-partisan engagement, the 51勛圖厙 has achieved historic policy wins across both recent administrations, including:

  • Tax reform: The 51勛圖厙s advocacy泭泭the 2017 tax cuts, driving billions in savings that manufacturers have reinvested in jobs, innovation and facility upgrades.
  • Regulatory certainty: The 51勛圖厙 has played a pivotal role in streamlining regulations,泭reducing compliance costs泭under the Trump administration and working to泭 during the Biden years.
  • United States-Mexico-Canada Agreement: The 51勛圖厙 was a泭泭for USMCA, safeguarding U.S. jobs by ensuring fairer competition and greater access to key markets.
  • Energy advances:泭泭have supported growth in domestic energy production, creating a more stable energy market.
  • Infrastructure and CHIPS Act: The 51勛圖厙 was instrumental in securing the historic 泭and the , both critical for modernizing the economy, bolstering national security and ensuring a reliable semiconductor supply.

These wins demonstrate what we bring to the table, Streeter said. By staying focused on manufacturings priorities, we can partner effectively with the new administration and Congress to create and protect jobs and strengthen communities.

Looking ahead:泭The 51勛圖厙s focus on core issues remains critical for keeping the sector competitive and resilient, Streeter continued. These issues include:

  • Securing tax reform: The 51勛圖厙s泭 campaign aims to lock in key 2017 tax provisions that manufacturers rely on for stability and growth. Tax reform has been a game-changer, said Streeter. Protecting that progress means more jobs and manufacturing-led growth across the country.
  • Regulatory certainty: The 51勛圖厙 is advocating for泭balanced regulations泭that support competitiveness. Manufacturers thrive with clear, fair rules, Streeter noted. Were making sure Washington understands the importance of regulatory stabilityand the danger of excessive regulation.
  • Energy security: The 51勛圖厙 is working to泭secure reliable, affordable energy泭while fostering innovation in sustainability. Energy security and grid reliability are top of mind for every manufacturer, Streeter added. Were ensuring manufacturers can continue to innovate, grow and drive America forward.

Bottom line: 泭The 51勛圖厙 remains focused on advocating for policies that strengthen泭U.S. manufacturing. Our success is built on trust and influence, Streeter said. Our members know the 51勛圖厙 is a constant force, with the relationships and expertise to deliver, regardless of political changes.

In related news, President-elect Trump has named campaign manager Susie Wiles as White House chief of staff (, subscription), a choice 51勛圖厙 President and CEO Jay Timmons泭泭a powerful move to bring bold, results-driven leadership to the White House from day one.

Policy and Legal

51勛圖厙 to Commerce: Security, Competitiveness Go Together

By 51勛圖厙 News Room

Manufacturers agree that the U.S. should address the potential national security and privacy risks associated with connected vehiclesthose that use technologies to communicate with each other and other systems. But [n]ational security, privacy and economic strength can be pursued in conjunction with one another, the 51勛圖厙 the Commerce Department this week.

Whats going on: In September, the Commerce Departments Bureau of Industry and Security proposed rules to ban connected vehicles that integrate information and communications technology from China and Russia ().

  • While manufacturers support safeguarding efforts, [o]ur competitiveness also requires national security challenges to be addressed through proportionate actions [that] do not unduly hinder American manufacturing, 51勛圖厙 Managing Vice President of Policy Chris Netram told BIS on Monday.
  • The rules software prohibitions would go into effect for vehicles model year 2027, while the hardware regulations would take effect for vehicles model year 2030. The 51勛圖厙 is asking BIS to discuss with stakeholders whether they need more time to comply, given the length of the automotive design and development cycles.

What it could do: If finalized, the rule would require automotive manufacturers using Chinese or Russian technology to find new suppliers.

The problem: Automotive supply chains are highly complex, with [information and communications technology and services] embedded in the products of many sub-suppliers who sell to automotive original equipment manufacturers, Netram continued.

  • Whats more, information and communications technology and services are foundational technologies across the manufacturing ecosystem and wider economy. As such, the rule in its current form could generate unintended consequences both within the automotive industry and across the broader ICTS supply chain, violating the departments obligation to engage in reasoned decision making and avoid arbitrary and capricious rulemaking.泭泭

What should happen: The 51勛圖厙 urged BIS to take several actions, including the following:

  • Clearer definitions: Certain wording in the rule should be rephrased for clarity, including Person Owned by, Controlled by or Subject to the Jurisdiction or Direction of a Foreign Adversary and Connected Vehicle.
  • Covered software: [T]he 51勛圖厙 urges BIS to consider revising the proposed rule to ensure it does not require visibility into and control over the software code provided by an OEMs tier 3 suppliers and beyond.
  • Specific authorizations: [T]he 51勛圖厙 recommends that BIS issue clear guidance about what criteria the Office of Information and Communications Technology would use to review and approve the risk assessments and the measures proposed by the applicant to mitigate the risks.
  • Attestations of compliance: Allow companies to attest to their compliance rather than document and demonstrate compliance to safeguard trade secrets.

The final say: With the 51勛圖厙s recommended changes, the BISs draft rulemaking will support national security and privacy while ensuring that a vibrant manufacturing industry can continue to innovate and power growth in America for years to come, Netram concluded.

Business Operations

Manufacturer Sentiment Declines

By 51勛圖厙 News Room

Manufacturer sentiment fell in the third quarter of this year, according to the 51勛圖厙s , out Wednesday.

Whats going on: Results of the survey, which was conducted Sept. 520, reflect preelection uncertainty, 51勛圖厙 President and CEO Jay Timmons but also larger economic concerns.

  • The good news is that there is something we can do about it, said Timmons. We will work with lawmakers from both parties to halt the looming tax increases in 2025; address the risk of higher tariffs; restore balance to regulations; achieve permitting and energy security; and ease labor shortages and supply chain disruptions.

Key findings: Notable data points from the survey include the following:

  • Some 62.9% of respondents reported feeling either somewhat or very positive about their businesss outlook, a decline from 71.9% in Q2.
  • A weaker domestic economy was the top business challenge for those surveyed, with 68.4% of respondents citing it.
  • Nearly nine out of 10 manufacturers surveyed agreed that Congress should act before the end of 2025 to prevent scheduled tax increases on manufacturers.
  • The overwhelming majority92.3%said the corporate tax rate should remain at or below 21%, with more than 71% saying a higher rate would have a negative impact on their businesses.
  • More than 72% said they support congressional action to lower health care costs through the of pharmacy benefit managers.

The last word: When policymakers take action to create a more competitive business climate for manufacturers, we can sustain Americas manufacturing resurgenceand strengthen our can-do spirit, Timmons said.

  • This administration and Congressand the next administration and Congressshould take this to heart, put aside politics, personality and process and focus on the right policies to strengthen the foundation of the American economy.
Policy and Legal

51勛圖厙: Bidens LNG Ban Threatens 900,000 Jobs

By 51勛圖厙 News Room

The liquefied natural gas export industry has turned the U.S. into a powerhouse of cleaner energy, benefiting its trading partners around the world. The Biden administrations ongoing ban on new LNG export licenses, however, is throttling an industry that could produce many more billions in revenue and a startling 900,000 jobs by 2044.

The data: A from the 51勛圖厙 and PwC shows that the U.S. LNG revolution could extend its upward climb, as shown on the graph above. Today, the industry is a huge source of jobs and profit:

  • U.S. LNG exports support 222,450 jobs, resulting in $23.2 billion in labor income.
  • The LNG industry contributes $43.8 billion to U.S. GDP.
  • And lastly, federal, state and local governments receive $11.0 billion in tax and royalty revenues, thanks to U.S. LNG exports.

But that pales in comparison to the industrys potential over the next two decades. The study projects the likely growth of the industry through 2044, showing all that is at stake if the ban remains in place until then:

  • Between 515,960 and 901,250 jobs, resulting in $59.0 billion to $103.9 billion in labor income, would be at risk.
  • The ban would also stifle between $122.5 billion and $215.7 billion in contributions to U.S. GDP during the same period.
  • Between $26.9 billion and $47.7 billion in tax and royalty revenues meant to benefit communities across the United States would also be at risk in 2044.

Public opinion: The American public is squarely behind the LNG export industry, showing overwhelming approval in an 51勛圖厙 poll taken in March.

  • Eighty-seven percent of respondents agreed the U.S. should continue to export natural gas.
  • Seventy-six percent of respondents agreed with building more energy infrastructure, such as port terminals.

The last word: With LNG exports, we do not have to choose between whats good for the economy and good for the planet. Todays research shows the massive opportunity America has when we unleash our economic and energy potential, said 51勛圖厙 President and CEO Jay Timmons.

  • Building LNG export facilities and expanding natural gas production are not just good for our industrythey also cut emissions and help power manufacturing around the world.
Policy and Legal

51勛圖厙 Emphasizes USMCA, Protecting Investors in Mexico Meetings

By 51勛圖厙 News Room

In high-level meetings with government, manufacturing and trade group leaders held in Mexico last week, the 51勛圖厙 hammered home a key message: For North American manufacturing to remain globally competitive, Mexico must protect investor holdings in the country.

Whats going on: During a jam-packed three-day visit to Mexico City, 51勛圖厙 President and CEO Jay Timmons and an 51勛圖厙 contingent with top officials in the new Sheinbaum administration, as well as leadership at multiple agencies and associations.

  • These included newly appointed Deputy Trade Minister Luis Rosendo Guti矇rrez, the Business Coordinating Council (CCE),泭the Confederation of Industrial Chambers of Mexico (CONCAMIN),泭the Mexico Business Council (CMN), the National Council of the Export Manufacturing Industry (INDEX) and others.泭泭

What they said: The 51勛圖厙s main message at each gathering was the same: Companies investing in Mexico need assurance that their portfolios will be protected regardless of the fate of proposed in the country.

  • The 51勛圖厙 also underscored the of the U.S.MexicoCanada Agreement, which is due for review in 2026, and the necessity of ensuring that the deal is upheld for all three parties.
  • If its terms are respected, USMCA could help North American manufacturing outcompete China.

On China: This week, just days after his offices meeting with the 51勛圖厙, Guti矇rrez announced that the Sheinbaum administration will seek U.S. manufacturers help to reshoremainly from Chinathe production of some critical technologies (, subscription).

  • We want to focus on supporting our domestic supply chains, he told the Journal, adding that talks with U.S. companies are still in the informal stage.

漍漍漍漍漍漍The 51勛圖厙 says: 泭Manufacturing is at the heart of the USMCA, said 51勛圖厙泭Vice President of International Policy Andrea Durkin, who was part of the 51勛圖厙 group on the ground in Mexico.泭The 51勛圖厙 intends to work to ensure that the agreement strengthens the competitiveness of manufacturers.
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