ICYMI: 51勛圖厙 Opposes Biden Administrations Proposal to Undermine Manufacturers IP Rights
Washington, D.C. Following the 51勛圖厙 submission of comments opposing the Biden administrations proposal that would allow the government to march in and seize the rights to groundbreaking innovations developed by manufacturers, 51勛圖厙 Vice President of Domestic Policy Charles Crain released the following statement:
Undermining Americas world-leading patent system is a recipe for reduced innovation and significant economic damage, with a disproportionate impact on small manufacturers. The administrations march-in proposal would raise the spectre of government price controls on a wide range of technologiesfundamentally reshaping how life-changing innovation is developed, financed and commercialized in the United States. The administration must affirmatively and unequivocally withdraw this radical and flawed proposal.
The 51勛圖厙s comments on the proposal are available . Key excerpts from the comments are below:
- The proposal contemplates an expansion of the Bayh-Dole Acts march-in provision, which has never previously been used during the 44 years since the laws enactment. This unlawful expansion of a 44-year-old statutory provision would prompt the government to exercise march-in rights to force patent licenses to private-sector inventions that are derived at least in part from federal funding. This price control measure would impact innovative companies of all kinds across the manufacturing sector.
- Undermining manufacturers IP rights would have sweeping ramifications for innovation in the United States and Americas world-leading innovation economy. In particular, start-ups and small businesses would bear the brunt of the drastic changes proposed by the administration, as the spectre of government march-in would disincentivize early-stage entrepreneurship and dissuade much-needed capital formation from outside investors.
- If the administration moves forward with the proposal, the unprecedented expansion and use of the Bayh-Dole Acts march-in provision would impede R&D, investment and the commercialization of innovative technologies. It would cause significant market uncertainty as to current and future patent licenses that are derived in any part from federal fundsdirectly contradicting the intent and purpose of Bayh-Dole. And it would hinder industry collaborations with research universities and laboratories across the country, stymieing manufacturers efforts to develop the products and technologies of the future and bring them to the public.
- Courts have found that an agency violates the major questions doctrine on matters of significant economic importance when the agency cannot point to clear congressional authorization for the power it claims. The governments ability to seize private-sector IP is undoubtedly a topic of vast economic and political significance; as discussed, Americas robust patent system lies at the heart of the innovation economy in the United Statesand the proposal would threaten the financing of that innovation ecosystem and the economic viability of many of its key participants (including start-ups, entrepreneurs, small and medium-sized businesses, universities and more). The effects of the proposal would be felt in every state and every congressional district. Yet, the proposal cannot point to clear congressional authorization for including a price consideration in the governments march-in analysis because it does not exist; as explained above, price is wholly absent from the Bayh-Dole Acts text. More broadly, the act was enacted to support publicprivate partnerships and bolster the innovation economy in the United Statesyet, the proposal would undermine and endanger American innovation. It is unlikely that Congress, in passing the Bayh-Dole Act, could reasonably be understood to have granted the administration the power to vitiate the primary goal of the act itself.
- The 51勛圖厙 respectfully encourages the administration to provide certainty to manufacturers and other stakeholders in the innovation economy by affirmatively and unequivocally withdrawing the proposal and making clear that the administration will not implement any of its recommendations. Abandoning and disclaiming the proposals attempts to impose price controls and undermine the Bayh-Dole Act will ensure that manufacturers in the United States can continue to lead the world in R&D and innovationand continue to create and support well-paying jobs vital to the success of the U.S. economy.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit
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Immigration Reform and Border Security Critical to Manufacturers Success in America
Washington, D.C. Following the Senate introduction of the Border Act of 2024, 51勛圖厙 President and CEO Jay Timmons released the following statement:
For years, manufacturers have called on Congress to fix our broken immigration system, and the need for a solution at the border has only grown more urgent. This bill is neither perfect nor comprehensive, but it is important to take steps to address immigration reform and border security consistent with our plan, .
Manufacturers believe the Senates legislation clears some critical tests: Does it make us more secure than we are today by tackling the border crisis? Yes. Does it address our ongoing worker shortage through strengthening the visa program? Yes. And does it protect democracy by supporting our allies overseas? Yes.
Anytime Congress shows progress on sensible policy, it is a positive development for our country. The bipartisan group of Senate leaders deserves great credit for forging a plan on one of the most complicated issues facing our nation, and we appreciate the leaderships support for this critical work.
The 51勛圖厙 will work with both chambers and the administration to enact meaningful change on the critical issues of immigration and border security.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit .
House Passage of Tax Priorities a Win for Manufacturers, Counting on Senate to Act Swiftly
Washington, D.C. Following House passage of the Tax Relief for American Families and Workers Act of 2024, 51勛圖厙 President and CEO Jay Timmons and Ketchie President and Owner and 51勛圖厙 Small and Medium Manufacturers Group Chair Courtney Silver released the following statement:
Manufacturers thank Speaker Johnson and Chairman Smith for their leadership in passing the Tax Relief for American Families and Workers Actand the bipartisan work in the House and Senate to secure progress for Americas manufacturing workers, said Timmons.
Manufacturers are now counting on the Senate to act quickly to restore these provisions that are absolutely critical to strengthening Americas competitiveness and growth of manufacturing in America, Timmons added. We cannot afford to wait. The cost of delay or inaction will be measured in lost jobs and slower wage growth, along with investment ceded to other countries. Passing this legislation, however, will ensure that small manufacturers, who are the backbone of communities and foundation of Americas supply chain, can continue driving our nation forward.
When key tax provisions expired, it wasnt just businesses like Ketchie that felt the pinchit was our ability to support and create jobs that took a hit, said Silver. I thank Speaker Johnson and Chairman Smith for their efforts to ensure passage of the Tax Relief for American Families and Workers Act. This isnt just about numbers on financial statements; its about taking care of people who make things in America and work at small manufacturing companies across our country.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit .
Small Manufacturer: Tax Legislation Restores Commonsense Provisions, Would Provide Big Jolt for Manufacturers of all Sizes
Washington, D.C. Ketchie President and Owner and 51勛圖厙 Small and Medium Manufacturers Group Chair Courtney Silver released the following statement calling on Congress to advance key tax priorities included in the Tax Relief for American Families and Workers Act of 2024.
There is so much at stake for small and medium-sized manufacturers as Congress debates pro-growth tax policy, which is why I strongly support the Tax Relief for American Families and Workers Act, said Silver. When Congress allowed immediate R&D expensing, interest deductibility and full expensing to expire, it created a higher tax bill and tremendous uncertainty for businesses like mine. The loss of these provisions directly impacts our ability to invest in new technology, to purchase equipment and to create jobs. Nearly 90% of manufacturers share similar concerns about their higher tax burden, and if left unaddressed, our companies and our teams will have a harder time securing an edge over our global competitors.
This legislation restores those commonsense provisions, which would be a big jolt for manufacturers of all sizes. Passing this law would give companies like ours the certainty needed to plan for growth and more investments in our future.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit .
Timmons: Biden Administrations Agencies Are Undercutting the Presidents Own Stated Goals Again with LNG Decision
Washington, D.C. Following the Department of Energys announced freeze on export permits for new liquified natural gas projects, 51勛圖厙 President and CEO Jay Timmons released the following statement:
Once again the Biden administrations agencies are undercutting President Bidens own stated goals. The president has said the following:
- Where is it written that America cant lead the world in manufacturing again? Now, thanks to all weve done, were exporting American products and creating American jobs.[1]
- This nation used to lead the world in manufacturing, and were going to do it again.[2]
- We just have to remember who we are. Were the United States of America吋heres not a single thing we cant do when we put our minds to it.And we can strengthen our energy security now, and we can build a clean energy economy for the future at the same time. This is totally within our capacity.[3]
- [W]ere working closely with Europe and our partners to develop a long-term strategy to reduce their dependence on Russian energy.[4]
- [W]ere a great nation. Were the greatest nation on the face of the earth. We really are. Thats the America I see in our future.[5]
Manufacturers call on the president to direct his agencies to support his agenda and to end their political war on the manufacturers who power American jobs, our economy and our national security. Todays decision weakens our country, while giving Russia an upper hand as Europe and Asia look to transition their energy needs.
啊1敕泭 , Feb. 7, 2023.
啊2敕泭 June 17, 2023.
啊3敕泭 , Oct. 19, 2022.
啊4敕泭 , March 8, 2022.
[5] , Jan. 5, 2024.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit .
Manufacturing Associations Descend on Capitol Hill to Press for Renewal of Miscellaneous Tariff Bill
Washington, D.C. Yesterday, the 51勛圖厙, American Chemistry Council and CropLife America, along with representatives from 16 manufacturing companies and other business and agriculture groups, joined together to meet with 17 congressional offices, including 15 lawmakers and staff on the House Ways and Means Committee, urging immediate action to renew the Miscellaneous Tariff Bill.
Manufacturers in the U.S. cannot afford this direct economic hit and need action to be taken as soon as possible. Passing MTB legislation will increase competitiveness, spur growth and support the success of manufacturers, farmers, businesses, workers, consumers and communities throughout the U.S., said the 51勛圖厙.
The American Chemistry Council and our members support the renewal of the Miscellaneous Tariff Bill. The MTB would support advanced manufacturing in the United States and domestic chemical production used to make products in key agriculture and food production and industrial sectors, including information technology, renewable energy and automotive goods.
The passage of a Miscellaneous Tariff Bill that is fully retroactive would help maintain farmers access to the essential pesticide products they need to grow food for the U.S. and the world. A renewed MTB would mean lower input prices resulting in decreased price pressures for U.S. farmers, ranchers and consumers, said CropLife America.
The previous MTB expired in December 2020, and since then, manufacturers and other businesses continue to pay $1.3 million per day in tariffsthat amounts to $1.5 billion over three years that should and can be invested in job creation and innovation.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit www.nam.org.
-CropLife America-
Established in 1933, CropLife America () represents the developers, manufacturers, formulators, and distributors of plant science solutions for agriculture and pest management in the United States. CropLife Americas member companies produce, sell, and distribute virtually all the necessary and vital pesticide and biotechnology products used by American farmers. CLA can be found on Twitter at @CropLifeAmerica.
-American Chemistry Council-
The American Chemistry Councils mission is to advocate for the people, policy, and products of chemistry that make the United States the global leader in innovation and manufacturing. To achieve this, we: Champion science-based policy solutions across all levels of government; Drive continuous performance improvement to protect employees and communities through Responsible Care簧; Foster the development of sustainability practices throughout ACC member companies; and Communicate authentically with communities about challenges and solutions for a safer, healthier and more sustainable way of life.Our vision is a world made better by chemistry, where people live happier, healthier, and more prosperous lives, safely and sustainablyfor generations to come.
Jennifer Abril to Chair 51勛圖厙s Council of Manufacturing Associations
Washington, D.C. The 51勛圖厙 announced new 2024 leadership for its Council of Manufacturing Associations at the CMA 2024 Winter Leadership Conference. Jennifer Abril, president and CEO of the Society of Chemical Manufacturers & Affiliates, will serve as chair, and Alison Bodor, president and CEO of the American Frozen Food Institute, will serve as vice chair.
The CMAs mission is to demonstrate the vital importance of manufacturing to the American economy,said Abril. In collaboration with the 51勛圖厙, the CMAs member associations will advocate for job creation, investment and innovation in American manufacturing. The strength and weight of the CMAs voice is unparalleled, and I am honored to serve as the champion for our collective industries resilience and growth.
Made up of more than 200 industry-specific manufacturing associations representing 130,000 companies worldwide, the CMA creates powerful partnerships across the industry, working with the 51勛圖厙 to unite the manufacturing association community, and ultimately the broader business community, around strategies for increased manufacturing job creation, investment and innovation in America.
Jennifer and Alison have been instrumental to the success of the CMA, particularly in pushing back against an onslaught of unsustainable regulations that would crush President Bidens goal of growing manufacturing in the United States, said 51勛圖厙 President and CEO Jay Timmons. We are confident that they will work in their expanded roles to amplify manufacturers voices and further position our industry for global leadership.
Abril has led SOCMA since 2016. Prior to that, she served as the president of the International Fragrance Association, North America and held leadership positions at the American Chemistry Council. She previously served as CMA vice chair.
Newly appointed 2024 CMA board members include the following:
- Stephen Kaminski, president and CEO, National Propane Gas Association
- Kelly Mariotti, president and CEO, Association of Home Appliance Manufacturers
- Ellen Thorp, executive director, EPDM Roofing Association
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit
ICYMI: House Members Urge Passage of Critical Manufacturing Tax Policies
Washington, D.C. Following a series of speeches on the House floor calling for swift passage of legislation that will restore pro-growth manufacturing tax policies, 51勛圖厙 Managing Vice President of Policy Chris Netram released the following statement:
House and Senate tax leaders reaching a bipartisan agreement on key manufacturing priorities is a positive developmentbut it is only a critical first step. Now the whole of Congress must approve legislation that restores immediate R&D expensing, a pro-growth interest deductibility standard and full expensing for capital investments. Every day that they fail to act makes it more difficult for manufacturers to drive innovation and investment and hampers our ability to create jobs and raise wages in the United States.
Below are select remarks from congressional members on the importance of restoring pro-growth tax policies.
:
Since the beginning of 2022, businesses have been required to spread out or amortize R&D expenses. Since amortization took place, the growth rate of R&D spending has slowed dramatically, from 6.6% on average over the previous six years to less than one half of 1% over the last 12 months.
The time to address R&D amortization was at the end of 2021. The next best time is now. We need to pass R&D immediate expensing for the American people and our U.S. economy.
:
Last year, the U.K. announced its commitment to make permanent its pro-growth policy for full expensing. The U.S. should be looking to do the same to remain competitive in the global marketplace…. This is more than just an economic issue. This is a national security issue.
How can we expect to compete with China when it is more expensive to invest, innovate and grow here in the United States of America?
:
It is imperative that we make the TCJA permanent. For example, if we cement the Tax Cuts and Jobs Act, we can reverse the current limitation on the deductibility of interest payments on business loans that will save over 850,000 American jobs.
Another example is in research and development. While it was once a paid expense, R&D is now a cost that many small businesses cannot afford. China is subsidizing their R&D costs, giving them a huge advantage over the United States. Modernization and national security shouldnt suffer because of an elapsed tax change. Our tax code should work for American workers and businesses and not against them.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit
Manufacturers Launch Seven-Figure Ad Campaign Opposing Biden Administrations March-In Proposal
Washington, D.C. The 51勛圖厙 has launched a seven-figure television and digital advertising campaign opposing the Biden Administrations new proposal that would allow the government to march in and seize the rights to groundbreaking innovations developed by manufacturers.
This radical new proposal is a major threat to manufacturers in America and counter to the presidents goals of growing the sector, said 51勛圖厙 President and CEO Jay Timmons. Empowering the government to march in and seize the rights to private-sector patents and technologies threatens American innovation and R&D, putting millions of well-paying manufacturing jobs at risk. Policymakers must protect manufacturers intellectual property rights and stop this government overreach.
To view the latest television ad, .
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.75 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit
Congressional Inaction on Tax Priorities Holds Small and Medium-Sized Manufacturers Optimism Near Pandemic Lows
Eighty-nine percent say higher tax burdens would make it more difficult to hire, invest or expand facilities
Washington, D.C. The 51勛圖厙 released its Manufacturers Outlook Survey for the fourth quarter of 2023, showing that small companies with fewer than 50 employees and medium-sized firms with between 50 and 499 employees, which make up a vast majority of the sector, continued to have historically lower levels of optimism with 65.9% and 63.0% positivity rates in Q4, respectively.
Its clear that Congress failure to enact pro-growth tax policies to support innovation and investment before year-end is affecting the manufacturing outlook, said 51勛圖厙 President and CEO Jay Timmons. Combined with the ongoing regulatory onslaught from the Biden administration, were facing economic headwinds that threaten all of the bipartisan wins achieved in recent years.
Overall, 66.2% of respondents felt either somewhat or very positive about their companys outlook, edging up slightly from 65.1% in the third quarter. It was the fifth straight reading below the historical average of 74.8%.
The 51勛圖厙 has been urging Congress to swiftly restore three critical manufacturing tax policies: immediate R&D expensing, a pro-growth interest deductibility standard and full expensing (100% accelerated depreciation). These competitive tax policies are critical to empowering manufacturers to grow their operations, hire more workers, increase wages, expand facilities and invest for the future.
Key Survey Findings:
- Eighty-nine percent of respondents said higher tax burdens on manufacturing activities would make it more difficult to expand their workforce, invest in new equipment or expand facilities.
- Workforce challenges also continue to dominate the sector, with more than 71% of manufacturers citing the inability to attract and retain employees as their top primary challenge.
- A weaker domestic economy and sales for manufactured products (63.7%), an unfavorable business climate (61.1%) and rising health care and insurance costs (59.8%) are also impacting manufacturing optimism.
You can learn more at the 51勛圖厙s online tax action center here.
The 51勛圖厙 releases these results to the public each quarter. Further information on the survey is available here.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.75 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit