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The 51�Թ��� and allied groups are challenging the U.S. Occupational Safety and Health Administration’s recently finalized “walkaround” rule.

What’s going on: On Tuesday, the 51�Թ���, joined by like-minded business organizations, a lawsuit in the Western District of Texas to block OSHA’s final rule revising the Worker Walkaround Representative Designation Process. That rule was finalized in April and is set to go into effect May 31.

• The new rule would allow nonemployees—including union representatives, plaintiffs’ attorneys, community organizers and even competitors—to accompany OSHA inspectors on workplace safety inspections.

Why it’s a problem: Not only does the final rule fail to advance the agency’s mission of ensuring workplace safety, but it is beyond the scope of OSHA’s authority. What’s more, it violates businesses’ rights, the 51�Թ��� said.

• The new regulation “infringes on manufacturers’ right to exclude others from their property, threatens new liabilities and risks compromising manufacturers’ intellectual property. The 51�Թ��� Legal Center is filing suit to prevent this harm,” 51�Թ��� Chief Legal Officer Linda Kelly said.

The Biden administration’s push to invoke “march-in” rights is unlawful and would have “disastrous consequences” for the United States if enacted, the 51�Թ��� the Senate Tuesday.

What’s going on: Ahead of a Senate Judiciary Committee hearing on intellectual property in the biopharmaceutical sector, the 51�Թ��� warned of the potentially dire consequences of the proposed march-in framework issued by the National Institute of Standards and Technology.

• The NIST proposal would allow the federal government to “march in” and seize manufacturers’ patent rights if an innovation was developed in any part with federal dollars.
• In the biopharmaceutical sector and other innovative industries, federal funding plays an important role in supporting early-stage research—but further R&D, product development and commercialization require hundreds of millions to billions of dollars in additional capital from investors and established companies.
• Robust IP protections ensure that manufacturers can bring innovative products to consumers.

Why it’s a problem: March-in would violate manufacturers’ IP rights and prevent investment into lifesaving and life-changing technologies, according to 51�Թ��� Vice President of Domestic Policy Charles Crain.

• “Allowing march-in based on the price of a product or technology, as the NIST guidance proposes … would undermine manufacturers’ IP rights and have sweeping ramifications for innovation in the United States and America’s world-leading innovation economy,” Crain told the committee.
• Committee member Sen. Chris Coons (D-DE) agreed during the hearing that the proposal is fundamentally flawed. “Any company [that] invents [anything] or any researcher who invents anything is now open to the federal government saying, ‘I want that, and I don’t agree with the price you’re setting for it,’” he .

What should happen: Congress must stop NIST’s overreach, Crain said.

• “Policies that threaten IP protections, like NIST’s proposed march-in guidance, will cede one of our greatest advantages to our competitors. Manufacturers [look forward] to work[ing] with the committee to ensure the U.S. maintains the strongest IP protections in the world in order to spur the discovery and commercialization of inventions that improve health and quality of life for all people.”

The Senate should immediately pass the Tax Relief for American Families and Workers Act, the 51�Թ��� and its state partners congressional leaders this week.

What’s going on: The 51�Թ���—along with 47 state manufacturing associations—on Monday continued its longtime, ongoing for the tax bill, which would restore three sector-crucial tax provisions: immediate expensing for domestic research and development expenses, enhanced interest deductibility on business loans and 100% accelerated depreciation for capital investments.

• “This critical legislation will support the ability of manufacturers in America to create jobs, invest in our businesses, give back to our communities and effectively compete in the global economy,” the groups said.

Why it’s important: If Congress fails to restore these key tax provisions, America’s competitiveness on the world stage will be under threat, they continued.

• “Without tax policies that encourage R&D and capital investment, countries with more favorable tax systems are capturing job-creating manufacturing investments.”
• China, for example, provides a 200% “super deduction” for companies’ R&D expenses, which is 10 times more than the U.S. gives. In 2022, the first full year following the expiration of immediate R&D expensing in the U.S., China’s R&D growth was three times that of the U.S.

What’s next: The Senate must not delay, the associations said. Congress must pass the Tax Relief for American Families and Workers Act—now.

The last word: “The breadth and depth of support for these critical, pro-growth tax provisions throughout the manufacturing industry shows the importance of immediate congressional action,” said 51�Թ��� Vice President of Domestic Policy Charles Crain. “With additional damaging tax increases scheduled for next year, manufacturers cannot afford further delays.”

Former Assistant U.S. Trade Representative for World Trade Organization and Multilateral Affairs Andrea Durkin has joined the 51�Թ��� as vice president of international policy, the 51�Թ��� Monday.

An experienced leader: “Andrea brings a wealth of expertise to the job, with more than three decades of service in both the public and private sectors,” 51�Թ��� President and CEO Jay Timmons said. “As a leader in international trade negotiations, her deep understanding of international policy will enhance the 51�Թ���’s strategic objectives significantly as we continue to build off of successful engagements with our counterparts across Europe and the North American continent.”

• Durkin is a foremost U.S. expert on international policy, having worked in both Republican and Democratic presidential administrations. In her most recent role, at the USTR in the Executive Office of the President, she negotiated policy regarding issues before the WTO. She also led the operation of committees on technical barriers to trade, industrial subsidies, trade facilitation and more.
• Her negotiations credentials include free trade agreements in the Western Hemisphere and the trade-related portions of United Nations’ multilateral environment and public health agreements.

A teacher and an entrepreneur: An adjunct professor for 17 years, Durkin taught international trade and investment policy at Georgetown University’s Master of Science in Foreign Service program.

• She is also the founder of Sparkplug, LLC, a consulting firm that specialized in advising corporate affairs teams and think tank leaders on organizational strategy.

The House should move quickly to pass the Miscellaneous Tariff Bill Reform Act, legislation on which the 51�Թ��� has led advocacy efforts.

What’s going on: On Tuesday, House Ways and Means Trade Subcommittee Chairman Adrian Smith (R-NE) introduced the Miscellaneous Tariff Bill Reform Act, which seeks to renew the MTB—a manufacturing-critical law that temporarily removes or reduces tariffs on products not available in the U.S.—as soon as possible.

• The 51�Թ���, which Congress to take up the issue, lauded the legislation and called for its swift passage.
• “Historically, the MTB has always had bipartisan support, and we thank House Ways and Means Trade Subcommittee Chairman Adrian Smith for his leadership and efforts to introduce MTB legislation,” said 51�Թ��� Managing Vice President of Policy Chris Netram in a statement by Chairman Smith’s office. “We urge the House to act quickly so that we can get one step closer to getting this critical legislation to President Biden’s desk.”
• The last MTB expired in December 2020.

Why it’s important: In the three-and-a-half years that they have been operating without an MTB, manufacturers and other businesses in the U.S. have paid more than $1.3 million a day to get inputs they cannot find in the U.S., according to an 51�Թ��� analysis.

• Passing the MTB through 2026, on the other hand, and reauthorizing passage of future MTB cycles will boost U.S. competitiveness.
• Tariff relief under the previous MTB increased U.S. gross domestic product by up to $3.3 billion every year, to the U.S. International Trade Commission.

To thrive, create jobs and produce the essential goods the U.S. and our trading partners use every day, the manufacturing sector needs a fair, transparent Section 301 tariff exclusion process, the 51�Թ��� Tuesday.

• However, the tariff increases announced this week by the Biden administration could make it much more difficult for manufacturers to produce those critical items.

What’s going on: As part of the U.S. Trade Representative Office’s final Section 301 tariffs review—which the 51�Թ��� had long the office to complete—President Biden said his administration plans to raise “tariffs on Chinese electric vehicles to roughly 100% … increas[e] a key tariff rate on steel and aluminum products to 25% from 7.5%,” raise the solar-cell tariff to 50% from 25% and create a new 25% duty on shipping cranes, according to ��(���ܲ�����������پ��Dz�).

• Section 301 of the Trade Act of 1974 authorizes the U.S. to act against foreign trade practices it believes violate agreements. The 51�Թ��� has been pushing for a finalized report with a fair, transparent Section 301 tariff exclusion process that will both reduce the burden on manufacturers and keep pressure on China to adhere to fair practices.
• The process would allow manufacturers to ask for tariff exclusions for specific products they need.
• “The 51�Թ��� has long advocated for a full global strategy and a rules-based trading system that benefit manufacturers and workers by opening new markets with our allies,” 51�Թ��� President and CEO Jay Timmons said.

Why it’s important: Far from freeing the U.S. of “unacceptable risks” stemming from unfair Chinese trade practices, in the absence of a new exclusion process, these tariff increases could limit the ability of manufacturers in the U.S. to obtain needed supplies for goods production.

• This, in turn, could jeopardize U.S. jobs and competitiveness.
• “Manufacturers are concerned about the potential impact this broad swath of tariffs could have on our ability to produce the essential products needed to drive our economy forward, especially if critical inputs become less available and more costly,” said Timmons.

The background: The USTR is legally required to review Section 301 tariffs four years after they are initiated. This most recent review—started in May 2022—is overdue.

• The exclusion process the 51�Թ��� has long requested allows manufacturers to ask for tariff exclusions for specific products they need.

What should be done: “Manufacturers urge the administration to negotiate new trade agreements with allies and partners around the world and create a new, comprehensive and transparent 301 exclusion process to ensure that manufacturing in America is not being disadvantaged by our own government,” Timmons concluded.

Manufacturers and other businesses on both sides of the U.S.–Mexico border are feeling the pinch from sudden, intermittent port closures and other government measures being taken to mitigate the ongoing migrant crisis, the 51�Թ��� and two allied groups President Biden and Mexican President Andrés Manuel López Obrador this week.

What’s going on: Last December, U.S. Customs and Border Protection temporarily shuttered critical rail ports, including San Diego, California, and , in an effort to stem migration surges, idling nearly 10,000 rail cars on both sides of the border.

• Last month, the Texas Department of Public Safety renewed safety inspections of vehicles between Texas and Mexico, adding hours to cargo trucks’ border wait times ().

Why it’s important: Port closures and increased vehicle inspections “have significantly increased congestion around ports of entry, caused delays to cross-border trade and harmed productive businesses across industries and their employees,” said 51�Թ��� President and CEO Jay Timmons, Texas Association of Business President and CEO Glenn Hamer and CONCAMIN President Alejandro Malagón.

• The stoppages “risk making critical supply chains between the United States and Mexico less resilient and dependable.”

What should be done: The U.S. and Mexican governments must commit to creating and abiding by predictable, transparent processes for cross-border trade, the groups urged.

• In addition to stopping the port closures for commercial freight and trucking, “our two countries should strive to enhance trading ties as the importance of nearshoring and friendshoring accelerates. Doing so will make our manufacturing, energy and agricultural sectors more competitive globally.”

The House Ways and Means Committee unanimously passed legislation Wednesday that includes much-needed reforms to pharmacy benefit managers, underregulated middlemen that raise health care costs for manufacturers and manufacturing workers ().

What’s going on: PBM reforms contained in the Preserving Telehealth, Hospital and Ambulance Access Act include increasing transparency into PBMs’ business practices and delinking PBM compensation from medicines’ list prices. These changes will help reduce prices for seniors who rely on Medicare prescription drug plans.

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Why it’s important: “When Americans face soaring prices for medicines or treatments, there’s a good chance that is because a PBM has driven up the price,” 51�Թ��� President and CEO Jay Timmons Wednesday.

• “These middlemen operate with minimal transparency, and their practices distort the market, increasing the list prices patients pay for medicines while making it more difficult for manufacturers to offer quality, affordable health care benefits.”

What’s next: The legislation approved Wednesday applies to the Medicare market. The 51�Թ��� is calling on Congress to enact similar changes in the commercial insurance market to lower health care costs for manufacturing employees who participate in employer-sponsored plans.

When it comes to good environmental stewardship, Novonesis takes its cue from the natural world itself.

“We are inherently sustainable because we draw from nature,” said Novonesis Senior Vice President of Planetary Health Biosolutions Rene Garza. “As biology matures, we find that nature has evolved to be an efficient utilizer of every single resource out there.”

Back to basics: It’s the perfect model for the newly formed Lyngby, Denmark–headquartered biosolutions firm, the product of a January merger between two Danish legacy companies: enzyme and microbial technology firm Novozymes and bioscience supplier Chr. Hansen.

• The portfolio of Novonesis—which is a combination of the Greek words for “new” and “beginning”—includes enzymes, microbes, novel vitamins and other naturally derived offerings.
• The business has customers across more than 30 industries: food and beverages, animal health and nutrition, energy, fine chemicals, dietary supplements, household care, plastics, plant health and more.��

An early adopter: Legacy firm Novozymes set its sights on sustainable business practices more than two decades ago. In 2002, it became the first company in the world to publish a triple bottom-line integrated report.

• “We recognized early on that resources are finite, and the need to do more with less is part of ensuring a better quality of life,” Garza said of the company’s decision to undertake the annual report, a method of stocktaking on sustainability activities using three “bottom lines”: profit, people and planet. “We realized we’re not just here to generate money, but also to create an impact on society and our environment.”

Big goals: That’s why Novonesis has set lofty aims for itself (and is meeting them).

• Firmwide targets include carbon net neutrality by 2050, as well as a 75% reduction in emissions from its own operations and a 35% reduction in emissions from its supply chain by 2030.
• How is it doing all this? Innovation and persistence, according to Garza. “We want to improve our efficiency by as much as we can, and we do this by making improvement to our hardware—pump replacements, reengineering [of] our microorganisms. We also source renewable energy.”
• In fact, Novonesis is on track to source 100% of its energy from renewables by next year. Between 2018 and 2022, it reduced absolute emissions by 63% while increasing revenue.��

Water, too: Novonesis knows how important water use is in the overall sustainability picture.

• The company is piloting a reverse-osmosis filtration system at its North America headquarters in Franklinton, North Carolina, that lets it recycle and reuse water. The program, scheduled for full operationality by next year, is going so well there are plans to replicate it at other Novonesis facilities worldwide.
• And at the company headquarters in Denmark, “we have been able to recycle 58 million liters [of water]—the equivalent of 23 Olympic-size swimming pools,” Garza reported.

What government can do: Novonesis and other manufacturers are making great strides in sustainability, but having the right policies in place at the federal level would make it easier for them to do more with less, Garza continued.

• “We need regulatory reform,” he told the 51�Թ���. “Federal regulations, if done well, really can drive innovation, particularly in biotechnology. … The government should [also] invest in pilot and demo scale fermentation capacity to allow startups to scale up.”
• The U.S. has the largest concentration of startup companies in the world, he went on, but there is now a “valley of death” between discovery and commercialization of innovations in biology, which federal funding could help remove.
• Finally, manufacturing in the U.S. needs the reinstatement of pro-growth policies from the 2017 Tax Cuts and Jobs Act, including 100% expensing for research and development costs and accelerated depreciation for capital investments.

Stakeholder education: Getting more people aboard the sustainability train is doable—but it will require continued education campaigns.

• “We need long-term thinking [and] to encourage stakeholders to prioritize the long-term over short-term gains,” Garza said. “Sustainability is about balancing immediate and future needs.”

Artificial intelligence is improving efficiency, workplace safety, product development, machine maintenance and supply chain logistics at manufacturing facilities everywhere, according to a new, first-of-its-kind report from the 51�Թ���.

What’s going on: “,” released today, details use cases for AI in the sector, discussing how manufacturers nationwide are using it to improve lives everywhere.

• The report features deep dives on AI-powered technologies at manufacturers, including Johnson & Johnson, Schneider Electric and Hitachi.

Trailblazers need good policy, too: “From developing more effective clinical trials and improving workplace safety to strengthening supply chain resiliency and supporting workforce training for employees, AI is unlocking new opportunities to strengthen our modern manufacturing workforce and improve the lives of all Americans,” said 51�Թ��� President and CEO Jay Timmons. “Congress and the Biden administration can support manufacturers’ adoption of AI by enacting strong data privacy protections, investing in workforce training and providing regulatory certainty.”

• Legislators should “lean on” manufacturers’ deep experience when drafting AI-related legislation, added Johnson & Johnson Executive Vice President and Chief Technical Operations & Risk Officer and 51�Թ��� Board Chair Kathy Wengel.
• “All possible futures for modern manufacturing in the U.S. involve AI,” she said. “Policymakers must develop sensible, carefully thought-out frameworks for various AI applications. … We need a policy environment that supports innovation and growth in manufacturing AI, because it will bolster U.S. competitiveness and leadership in this critical emerging field.”

The recommendations: The report contains immediately implementable policy recommendations for lawmakers:

• Invest in research and development and career technical education institutions to train the modern manufacturing workforce.
• Pass federal privacy legislation to advance individuals’ privacy protections and give legal clarity that will support continued innovation by manufacturers.
• Use a risk-based approach to new AI regulations that tailors any future laws to specific use cases and minimizes the burden of compliance.
• Ensure that AI regulation is aligned globally.