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Public Policy - Federal Issues

Federal Issues- Archives


Posted 8/12/08 - All Eyes on China
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

All eyes are on China this week as the summer Olympics get under way. You can't pick up a newspaper, watch a newscast, or browse a blog without some examination of China's new role on the world stage and its relationship with the United States.

Just where do things stand between the United States and China? Does China have to be a friend or a foe, or can it be either depending on the particular issue? Even with China's likely rise, can the 21st century still be another American Century? Is the best American policy engagement or confrontation?

Most Americans' views of China are shaped by perceptions that cheap Chinese labor is destroying the U.S. manufacturing base and that China is not engaging in free and fair trade. Parts of these perceptions are true and parts are not. For example, China is not destroying our manufacturing industry. In fact, China lost 10 times more manufacturing jobs from 1994 to 2004 than did the United States. American manufacturing is holding its own--our factories' share of the world's manufacturing output hardly budged between 1993 and 2005. It has also set new records in recent years for output, revenues, and return on investment.

U.S. job losses in manufacturing have been primarily driven by massive technological change, not by China. In fact, many factories have "help wanted" signs for technologically skilled workers. Instead of throwing blame, we must retrain those who have lost jobs for new and better opportunities.

Americans, however, are right to be concerned about certain unfair Chinese trade and investment practices, particularly discriminatory industrial and investment policies, ongoing challenges to intellectual property rights, market access limitations, and a Chinese currency that is still undervalued.

The U.S. Chamber believes that these problems should be solved through a smart mix of diplomacy, engagement, and pressure, as well as enforcement of world trade rules that China has promised to abide by. Starting a trade war with punitive tariffs or other unilateral actions that violate world trade rules is not in anyone's interest--beginning with the workers, consumers, and taxpayers of America.

Let's not forget--despite a serious trade imbalance between our countries--China is one of the fastest-growing markets for U.S. products and services. In fact, our exports to China have soared 150% since 2001. Our task is to expand business with this large and growing customer, while working to bring balance to our trade and insisting upon a level playing field in China for our companies.

The immediate contest at hand is the Olympic Games, and we'll all be proudly rooting for America's athletes!


Posted 7/24/08 - The Coming Assault on Small Business
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

You can't say today's union leaders don't appreciate irony. Last week, one of the nation's largest unions held a global rally protesting our system of free enterprise and capital investment. The union called it the "Take Back Our Economy" rally. Well, if it manages to push through its radical agenda, what it will do is "Take Down Our Economy."

In fact, the agenda of a handful of national unions represents a direct assault on America's small businesses. Their top priority is passage of the deceptively named Employee Free Choice Act, commonly referred to as "card check." The bill would make it cost effective for unions to go after Main Street businesses and small retail establishments.

That's because the legislation would eliminate the expense and worker protection of secret ballot elections. It would give union organizers free rein to pressure workers into signing authorization cards. Once enough workers are persuaded to sign, the union would automatically be certified, and it would be illegal for workers to have a secret ballot election. Then the bill would implement a compressed schedule for employers to bargain with their new union. If an agreement isn't reached in time, a government-mandated arbitrator would dictate the terms and conditions of employment and hand the employer a contract—and even the workers wouldn't get a chance to vote on it.

But there's more. Also high on these unions' agenda is allowing the establishment of mini-unions. For example, organizers could go in and just sign up two or three people--not even a majority--and then you've got a union! Big labor also wants to mandate employer-paid leave and health care regardless of ability to pay, criminalize OSHA violations, nationalize health care, and increase taxes and the size of government.

How do these unions hope to implement their agenda? They are betting the house that their path to renewed power--the way to get everything on their wish list--is to elect a pro-union Congress and administration in 2008.

Can they do it? It's possible. Collectively, unions could spend $400 million to $500 million this election cycle. Of course, unions have a right to participate in the political process, but so does the American business community--and we must if we hope to maintain a free and open economy.

2008 will be a watershed year for the future of organized labor. These unions are not playing around, and neither can we. To help stop big labor's anti-small business agenda, visit VoteForBusiness and sign our petition against card check.



Posted 6/27/08 - Faster, Better, Safer Transportation for the 21st Century
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

The failure of the U.S. transportation network to meet the needs of a growing population and economy is already having an impact on everything from safety to the environment, from quality of life to economic growth. We must immediately reform the approach we take for funding, planning, and building infrastructure so that we can keep people and goods moving across the country and around the world.

Evidence of failure is overwhelming. Safety suffers as a result of poorly maintained roads that contribute to a third of the almost 42,000 fatalities that occur each year on our highways. The environment is adversely impacted by the 2.9 billion gallons of fuel wasted annually as a result of congestion. Congestion also diminishes our quality of life; Americans lose a total of 4 billion hours annually in traffic jams. And in the global economy, our transportation infrastructure is quickly becoming a competitive disadvantage.

A serious effort to modernize our infrastructure comes with the realization that existing funding is insufficient to meet our needs. The National Surface Transportation Policy and Revenue Study Commission recommended an annual investment of at least $225 billion annually over the next 50 years to finance a surface transportation system capable of sustaining strong economic growth and individual mobility.

However, infrastructure investment in 2005 only totaled $155 billion, a $70 billion shortfall. Solving this problem is going to take more money, and every option must be on the table, including privately financed projects and user fee increases. We must also stop the diversion of dedicated transportation funds to non-transportation purposes.

To address infrastructure needs, it will take a fundamental shift away from the piecemeal approach currently employed to an approach driven by economic need and regional mobility. Policymakers must put the needs of citizens and the economy ahead of local political interests by directing financial resources to where they can do the most good, while reducing funding for pet projects.

If we take the right course, our transportation network will be the foundation of a 21st century economy that can move people quickly and safely, easily handle a growing volume of freight, and minimize the release of pollutants.

In this election year, it is crucial that voters ask candidates about their plans for modernizing our infrastructure. No matter who is elected this November, the next president and the next Congress will have the responsibility for rebuilding America. Our prosperity and our way of life depend on it.


Posted 6/18/08 - Failure of Immigration Reform -- One Year Later
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

It's been a year since a hard fought, bipartisan, comprehensive immigration reform plan collapsed in the United States Senate among much rancor and finger-pointing. The emotionally charged debate rifted the nation, dividing communities and citizens and bringing protestors of all viewpoints out into the streets.

Although immigration is no longer on the front burner of the national debate--and comprehensive reform has been left for dead in Congress--we continue to suffer the consequences of this failure of leadership every day. In fact, all of the issues that reform would have addressed--worker verification systems, border security, visa policy, worker shortages--are simply getting worse.

Think about what's happening. In the absence of comprehensive solutions from Washington, states and localities are filling the void with hundreds of their own rules and regulations. Just last week, a U.S. District Court judge delayed implementation of an Oklahoma law that shifts the burden of immigration enforcement from government to business, saying it is most likely unconstitutional. The U.S. Chamber has been battling similar state and local laws and is the lead plaintiff in the Oklahoma case. The only thing worse than one broken federal system is hundreds of different systems that are contradictory, probably unconstitutional, and impossible for businesses to follow.

The federal government is no closer to implementing an effective, technology-based employee verification system. On June 6, President Bush signed an executive order requiring contractors and others who do business with the federal government to make sure their employees can legally work in the United States. The problem is no such system exists that is fair to employers and employees and actually works. The government's Basic Pilot program (also known as E-verify) is experimental, unreliable, and extremely burdensome.

Our nation continues to turn away badly needed, highly skilled workers by placing counterproductive limits on the number of H1-B visas. An editorial in the June 4 edition of The Washington Post reflects a growing consensus--the current limits are irrational. Wrote the Post: "America's loss of foreign-born experts translates directly into gains for China, India, and other rapidly developing competitors ... the ongoing brain drain of the best and brightest foreigners should give [the nation] pause."

One year later, our border remains insecure, our immigration laws are a mess, we still lack a workable employee verification system, and we are undermining the competitiveness of our country. We can create an immigration system that meets all of our economic and security needs while still honoring our values. All we have to do is find the will, courage, and leadership to make it happen. Business will have to lead the way.


Posted 6/17/08 - Federal Issues Update

The Economy
Inflation shot up in May at the fastest pace in six months, fueled by rising costs for gasoline and energy, the Labor Department said on Friday.  Consumer prices jumped 0.6 percent last month, the biggest one-month increase since November.  Gasoline costs were up by 5.7 percent.  The report came on the heels of an indication from the Federal Reserve that its biggest concern has changed from the threat of a recession to worries that inflation could get out of control.

Energy
Energy ministers of advanced nations expressed "serious concerns" about soaring oil prices and urged producers to lift production through greater investment and provide more transparency on oil supply data.  A joint communiqué by the Group of Eight ministers, also signed by China, India and South Korea, stopped short of the tough language demanded by Kevin Rudd, Australia's prime minister."  The ministers said: 'Current high oil prices are unprecedented and against the interest of either consuming or producing nations.' The producers among the G8 said they would seek to raise production and called on other producing countries to increase investment to keep markets well supplied. The meeting in Japan placed more emphasis on raising efficiency in consumer countries, with nations promising to form an international partnership for energy co-operation.

Unemployment Benefits
A measure to extend unemployment benefits from 26 weeks to 39 weeks passed the House on a second try Thursday but the bill still faces numerous hurdles.  The Bush administration is opposed to the proposal and it is unclear if Democrats will be able to win the support they need to get beyond an expected Republican filibuster in the Senate.

Transportation
There's new evidence of how high gas prices are driving Americans to mass transit.  The American Public Transportation Association (APTA) said ridership is at the highest level since 1957 – passengers took 10.3 billion trips last year on public transportation.  Congress hopes the public will use it even more – on Wednesday it approved $15 billion in funding for Amtrak over 5 years, and another $1.5 billion for Washington's Metro system over ten years. The legislation is considered veto-proof.

Funding America's most critical transportation infrastructure projects will be difficult, if not impossible, because of a conundrum:  Not enough money is available to pay for all projects in the next few years, yet no system exists to rank the projects. Some decision-makers in and out of government are pushing reforms to resolve the funding dilemma, with the U.S. Chamber of Commerce taking the lead. In the absence of such reforms – or of a substantial shift in public spending priorities – federal and state appropriators will keep spending money on less critical projects that have the virtue of being affordable."

Trade
Dow Jones Newswires reported on Wednesday that a number of U.S. business groups are throwing their weight behind legislation to help workers displaced by trade, hoping to break partisan deadlock on the broader trade front.  By helping to get trade adjustment assistance (TAA) legislation passed, businesses would clear a major hurdle to get to the real prize – free trade agreements with Colombia, South Korea and Panama.  The Trade and American Competitiveness Coalition held an event Wednesday to launch its campaign for trade adjustment assistance.  At the event, Sen. Max Baucus (D-MT) said a deal on TAA is “quite close”. 

Small Business Administration
Later this year the Small Business Administration will begin proposing new industry-by-industry size standards on who qualifies as a small business for government programs. The two-year effort is the SBA's first comprehensive overhaul of its small business size standards since the 1980s and is 'long overdue,' said Gary Jackson, who heads the agency's Office of Size Standards.  Here’s more from the Washington Business Journal.

Medicare Physician Payment Rate
Legislation to delay the implementation of a 10.6% cut in Medicare physician payments may not be considered by the Senate until Monday (6/16) at the earliest, according to the bill's author, Sen. Max Baucus (D-MT). The senator says that other pending Senate legislation, including an energy bill and a tax-extenders package, might stall deliberation on the bill until next week. The Centers for Medicare & Medicaid Services has made June 16 the deadline for passage of the measure. A spokesman for the agency has said that, if legislation delaying the cut is passed after that time, CMS will work to pay providers appropriate rates, though there might be a need to reprocess some claims. The payment reduction is scheduled to take effect on July 1.  For additional information, McKnight's Long-Term Care News

2009 Budget
On Friday, the House Appropriations Committee released the FY09 302(b) allocations for the 12 appropriations bills, including $487.7 billion for the Defense Department, about $4 billion less than the $491.7 billion requested by President Bush.  The panel sought increases over Bush's request for almost all the other spending bills, including $153.1 billion for the Labor-HHS spending bill, about an $8 billion increase over the $145.3 billion sought by Bush.  Overall, the committee doled out $602.5 billion for security-related spending, about $2 billion over the $600.8 billion in Bush's FY09 budget.  For domestic programs, the panel allocated $1.013 trillion, compared with the $991.6 billion recommended by Bush.


6/10/08 - A Return to Common Sense on Climate Change
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

It's amazing how facing an important vote can focus a senator's mind. That's exactly what happened late last week when members of the U.S. Senate seriously weighed the price tag for the Climate Security Act--commonly known as the Lieberman-Warner bill--and decided not to even bring it up for a floor vote.

Senators got it right--the price was too high to pay. Lieberman-Warner would have created a massive new federal bureaucracy, significantly increased energy prices, cost 2 million to 4 million jobs, and transferred $6 trillion of wealth from business and other energy consumers to government.

The U.S. Chamber has offered practical and workable solutions to the climate change debate for a decade. We have outlined the fundamental principles we believe must guide any response to it. They include a recognition that economic growth and competitiveness must be preserved; that technology and efficiency based on realistic timetables should be at the center of any effort; and that only a global solution, including all major greenhouse gas emitters, would actually have a chance to work.

Lieberman-Warner failed on all counts. Therefore, the Chamber opposed it.

The bill would have created an elaborate system of carbon allowances, auctions, and trading arrangements. Under a complex formula, a specified number of emissions allowances would be given away, at first. Emitters would pay for CO2 in excess of their allowances. Over time, most “free” allowances would end, and emitters would have to purchase them.

The intent was to push up the cost of carbon in order to force the conversion to “clean” technologies and alternative sources. But these technologies do not yet exist, and experts agree that the replacement sources could never be ready in time to meet the deadlines in this legislation.

This bill would have imposed a vast, intrusive layer of new and costly regulations over virtually every economic activity in our country. To get an idea of how complex it would be, view this chart.

Lieberman-Warner also does little to confront the international nature of global climate change. Domestic greenhouse gas regulation will not affect emissions from developing nations, and without the participation of these nations, global greenhouse gas levels will continue to rise.

While the bill failed, the debate laid down important markers for the battles to come next year with a new president and Congress. The Chamber will continue to be a leader in devising common sense, effective, and realistic solutions to address climate change. We will work constructively on Capitol Hill to register our concerns, make improvements, represent our members' interests, and seek solutions that address climate change while also working to expand, diversify, and secure America's energy supply.



Posted 6/3/08 - Federal Issues Update

The Economy
The economy grew at 0.9% in the first quarter according to the Wall Street Journal.  The economy expanded faster in the first quarter than initially estimated, but growth is likely to remain soft as higher food and energy prices and the housing and credit turmoil take their toll.  The first quarter's GDP rose at an annual rate of 0.9%, higher than the Commerce Department's initial 0.6% estimate. The upward revision reflected stronger gains in nonresidential construction and a narrower trade deficit, as imports declined more than initially thought.

Freight Mobility 
The AP reports that the US economic slump has led to a 3 percent dip in freight-train traffic in the first few months of this year compared with a year ago, but a new report says that demand for freight trains is expected to double over the next 25 years. This could create more traffic than the system can handle. While the nation's attention is focused on air travel congestion and the high cost of fuel for highway driving, a crisis is developing under the radar for the freight trains used to deliver many of the goods that keep the U.S. economy humming.  A new U.S. Chamber of Commerce report warns demand for freight trains is expected to double over the next 25 years. The problem is that there's no room.  “Even if the estimates are half wrong, we can't put even 25 percent more freight in the system right now without serious implications,” said Randy Mullett, an analyst for the Transportation Research Board.  “The Chamber says expanding capacity on the more than 150-year-old U.S. rail system would cost $148 billion over 30 years. Private rail companies would have to pay most of it, with federal and state tax dollars covering much of the rest."

Air Travel
The airlines can't seem to catch a break. A new study from the Travel Industry Association found people aren't flying because it's too much of a hassle. A quarter of respondents to a survey said they skipped at least one air trip in the past 12 months because of the inconvenience involved, costing airlines $18 billion, hotels $5.6 billion, and state and local governments $4.2 billion in tax revenue.  

Fuel Costs
On Friday, ABC World News reported, "It is a refreshing change to be able to report that oil prices fell sharply today. The price of a barrel plunged more than four dollars (actually $4.41 a barrel), down over three percent just today. The stronger dollar helped push oil lower, along with new signs that US demand for gas has been cooling, as prices soar."

Oil / Gas Outlook
Fresh data from the U.S. Department of Energy shows that the oil supply situation is not going to improve any time soon. The department said the world's top oil producers are proving unable to boost production despite a 57% increase in prices, defying traditional market logic. The amount of petroleum products shipped by the world's top oil exporters fell 2.5% last year. There is exceptionally strong demand not only in China and India, but also in the Middle East, leaving less oil for export. At the same time, aging fields and sluggish investments have caused exports to drop significantly in Mexico, Norway and, most recently, Russia. Less-developed countries such as Angola and Libya have picked up some of the slack, but not much.

U.S. Vehicle Travel
The Department of Transportation reports that record-high gas prices have led to the steepest decline in driving in recorded history in March, a 4.3% drop, or 11 billion fewer miles. Records have been kept since 1942. Less driving in the United States might make it easier for the G8 countries to reduce greenhouse gas emissions, which they say they'd like to do. This weekend the G8 environment chiefs called for an agreement to cut greenhouse gas emissions in half by 2050, declaring that developed nations should take the lead in battling global warming. The statement came in advance of talks on climate change in Japan in July.

Employment Law
In a pair of rulings on Tuesday, the Supreme Court made it easier for both private-sector and public employees to sue their employers for retaliating against them after filing discrimination claims. In the first ruling, decided by a vote of 7-2, the Court determined that employees have the right to sue under an alternative section of the 1866 Civil Rights Act – even though it contains no provisions related to retaliation. The second case was decided 6-3 and allows government workers to bring retaliation cases over age-discrimination disputes.



5/27/08 - A Health Care System That Works For Everyone
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

Last week we discussed how America is having the wrong conversation about health care--one that does not comprehensively address all of our major health care challenges and sets the wrong expectations for the American people. This week we examine how to build and maintain the best health care system in the world, improving access, quality, and affordability for all.

Let's start with the single biggest barrier that puts coverage out of reach for many families and employers--costs. We can dramatically reduce costs by implementing health IT, focusing on wellness and prevention, reducing medical errors, and ending frivolous medical malpractice suits.

When it comes to health IT, we need to build a networked health care system that unites providers, facilities, and patients--and makes information available to support efficient, collaborative care.

We can improve quality of care by reducing litigation and costly medical errors. We should not tolerate, or pay for, preventable medical errors. In fact, Medicare and Medicaid--and some large insurance companies--are now refusing to do so.

We can remove medical malpractice claims from the tort system by creating specialized Health Liability Courts. Lawsuits are driving doctors out of business and raising costs for everyone.

The best way to reduce costs is to prevent the need for services in the first place, and you can only do that through wellness and prevention. Government and employers must educate workers about good health decisions and encourage personal responsibility.

We need a much more consumer-driven health care system, with better transparency. Congress can strengthen the individual health care market by granting comparable tax treatment whether premiums are paid through an employer or by individuals in the private marketplace. Lawmakers should also improve health savings accounts, a true success story.

We need more transparency in the quality of providers and treatments so that individuals can make better, more cost-effective decisions regarding health care--and, so that good providers can be rewarded and bad providers avoided.

We need to strengthen the employer-provided system, which covers 177 million people, by keeping regulations and mandates to a minimum. Congress should allow smaller businesses to pool risk and purchase coverage for their employees at an affordable price.

Sound like small potatoes? It's not. Instead of imposing an expensive, government-run health care system on the American people, let's implement some commonsense ideas to make health care more affordable and accessible. If we do that, American health care will once again be seen as an opportunity--not as a problem.



5/6/2008 - A Simple Step to ease pressure on Oil Prices
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

Sky-high oil and gas prices are socking Americans right in their wallets. The average price for a gallon of gasoline is more than $3.60. Oil prices are hovering around a record $120 a barrel. Many of the elderly and the poor are being forced to choose between filling their tanks with gas or their cupboards with food. It also means slower economic growth and higher consumer prices at a time when our country can least afford them.

It's time for Congress to stop wringing its hands and start acting. If Congress is serious about increasing supply, easing pressure on prices, and reducing our dependence on foreign energy, it can take one simple step--allow energy explorers to tap into America's huge reserves of oil and natural gas in an environmentally responsible way.
 
Over the years, Congress has locked away vast untapped domestic energy resources offshore, on federal lands, and in the Arctic National Wildlife Refuge. These restrictions have been imposed by politicians who frequently call for "energy independence." Federal lands hold an estimated 635 trillion cubic feet of recoverable natural gas, enough to meet the natural gas needs of 60 million homes for 140 years.

Federal lands also hold an estimated 112 billion barrels of recoverable oil, enough to produce gasoline for 60 million cars and fuel oil for 25 million homes for 60 years. Opening up these resources will also give us a cushion as existing oil and gas deposits are exhausted.

Of course, there are many other steps we must take to decrease demand, such as improving efficiency, building modern and safe nuclear plants, and investing in renewables and other alternative fuels—we need to do all of them. But increasing domestic production is something we can do now with proven technologies. We can do it in a way that protects the environment. We can do it in a way that provides real relief to Americans who are hurting economically. And we can create thousands of new, good-paying jobs in the process. Instead of sending billions of dollars to foreign oil producers, wouldn't it be better to take control of our energy future and keep our money at home?

It's time to unlock America's natural energy resources. It's time to give our citizens a real energy plan that will deliver real results. It's time to take control of our energy future.



4/28/08 - Federal Issues Update
Recession Fears Continue As New Home Sales Sink
A bleak report on housing and uneven data on big-ticket orders suggest the U.S. economy could be in for a prolonged slowdown even if it manages to escape an outright contraction, according to the Wall Street Journal.  However, this pessimism is not shared by the Washington Post, which reports, "Financial markets are starting to function more normally, banks are raising billions of dollars in capital, and the latest economic figures, while weak, aren't much weaker than had been expected. Taken together, these signs of stability make for the calmest economic period the nation has experienced in months."  Here’s more on the general state of the economy from the AP, ABC World News, the NBC Nightly News, USA Today the New York Times.

Stocks, Dollar Up on Thursday
Wall Street rallied Thursday after the government’s jobless claims data and Ford Motor Company’s first-quart results helped bring some optimism about the economy into the market.  Read more about this in the AP and the Wall Street Journal.
 

Colombia Remains Hopeful For Trade Agreement
During a two-day visit to the U.S., Colombian Vice President Fancisco Santos
Calderón discussed investment in Colombia with the Council of Americas noting that his government is not giving up on convincing Congress to approve a trade agreement with Colombia despite recent actions in the House that appeared to put the deal on an indefinite hold.  Calderón said these actions “shocked” his government, but did not dampen enthusiasm for the agreement.  Here’s more from The Hill.

North American Leaders Discuss Free Trade
President Bush met with leaders of Mexico and Canada this week to discuss efforts to expand trade.  The group sharply criticized Congressional politics and the anti-trade rhetoric of the presidential campaign and calls to renegotiate NAFTA.  For additional information see the New York Times and WorldNetDaily  

Business Community Opposes Local Immigration Ordinances
The U.S. Chamber continues to maintain that immigration should be managed at the federal level rather than in a patchword system of state and local regulation.  The town council of Riverside, NJ, recently passed an ordinance which was never actually enforced, but rescinded the ordinance after spending $82,000 in attorney fees defending it in court.  The U.S. Chamber, along with local chambers and other business organizations including farm bureaus, restaurant and hospitality organizations opposed the measure.  Here’s more from Fortune. 

As Boomers Retire, Looming Shortage of Skilled Workers Threatens Economy
In a front page story, the Los Angeles Times reports, "With baby boomers preparing to retire as the best educated and most skilled workforce in US history, a growing chorus of demographers and labor experts is raising concerns that workers in California and the nation lack the critical skills needed to replace them."  Such a "looming mismatch in the skills employers need and those workers offer could jeopardize the future economic vitality of California and the nation."  Both illegal and legal immigrants "constitute almost half of the workers in Los Angeles County and are expected to account for nearly all of the growth in the nation's working-age population by 2025 because native-born Americans are having fewer children."  Here’s more on this issue from
MarketWatch. 

Pilot Shortage To Hit Airlines As Fuel Costs Rise
A shortage of airline pilots could slow the aviation industry’s growth and increase labor costs at a time when airlines are dealing with soaring fuel bills.  Not only are there not enough pilots, but there are too few experienced ones to captain commercial aircraft.  Thousands of baby-boomer pilots are retiring each year and that means unless there is a big increase in training, or a slowdown in traffic growth (not likely), the industry is headed for trouble.  Here’s more from the Wall Street Journal. 

Chamber Argues Against States' Immunity In Patent Infringement Cases
On Monday, the Supreme Court asked the White House to weigh in on a long-running dispute between the states and business over whether states can be held liable for patent infringement.  The U.S. Chamber maintains that it is unfair to business for states to claim immunity from infringement lawsuits under the Constitution’s 11th Amendment while being allowed to sue companies for violating patents owned by universities and other government agencies.  For more information, check out this article from the AP.


4/09/08 - Federal Issues Update
Business Groups Support Colombia Free-Trade Proposal
The Washington Times reports, "President Bush yesterday sent Congress a free-trade pact with Colombia, forcing the issue onto the public stage at a time when free trade is unpopular with voters, concerned over the slumping economy. Congress must vote within 90 legislative days (although the House has now voted to ignore the 90-day rule), which is expected to end in late September, forcing supporters of the pact to take a difficult stand just weeks before the November elections.  The AP (4/7) reported, "Business groups, including the National Association of Manufacturers and the US Chamber of Commerce, applauded Bush's move and said they would work to get the Colombia deal through Congress. The administration insisted the deal would be good for the United States economically because it would eliminate high barriers that US exports to Colombia now face, while most Colombian products are already entering the United States duty-free under existing trade preference laws."

Gutierrez "Champions" Columbia Trade Agreement
The Miami Herald reports that Commerce Secretary Carlos Gutierrez championed the benefits of free trade and the Columbia trade agreement at the inaugural session of the annual meeting of the Inter-American Development Bank's Board of Governors.  In the meantime, the Wall Street Journal, in an editorial, notes that the “AFL-CIO’s president "has been promising that the deal won't pass, and we're guessing his confidence has something to do with Big Labor's contributions to the Democratic Party in an election year. ... But by quashing the Colombia FTA, Mr. Sweeney would weaken the competitiveness of American manufacturing and put some of America's best-paying union jobs at risk. These are jobs that exist today but could well be gone if Congress rejects this market opening in South America."

Economists Dispute Criticism Of NAFTA
In an analysis for the Washington Post Michael Fletcher says NAFTA "is once again a prime scapegoat for the nation's growing economic troubles, drawing blame for sending jobs overseas and flattening wages for US workers…But is that judgment fair?  Many economists do not think so."  Fletcher adds that it is true that the United States has lost about 4 million manufacturing jobs since 1994, But many economists blame the march of technology and the increasingly dominant manufacturing role of China, not NAFTA, for that shift.
 

US stops taking Visa applications for workers
On the "Washington Wire" blog at the Wall Street Journal, the US Citizenship and Immigration Service says it has stopped taking visa applications for skilled workers – seven days after the visa window opened for the 2009 fiscal year.  U.S. businesses are concerned that employers would have a problem filling jobs domestically and that bright foreigners would be less likely to want to study and work in the US.  At this point, an employer who needs a specialized worker couldn't bring him or her to the US for at least 18 months or after the start of fiscal year 2010.

Court cases stall immigration issues
The Oklahoman reports legislators in Oklahoma and across the nation have either modified or abandoned immigration proposals.  Some speculate the change in direction is related to a more vocal dissent and fear of litigation from the business community.  Others say a seriously strained economy has prompted caution.  In a related article, the Philippine Inquirer notes that some business and economic experts question the wisdom of purging illegal immigrants and restricting immigration into the country altogether.  According to them, increasing the caps and relaxing the rules on legal immigration instead are viable alternatives to heavy enforcement of laws which only tend to drive illegal aliens deeper underground. 

US business groups worry about Employee Free Choice labor proposal
The UK's Financial Times reports that US business leaders are stepping up a campaign against proposed labor law reforms that could significantly enhance the ability of unions to organize workers.  The proposal that would waive an employer's right to insist on a secret workplace ballot on union representation.  Instead, a union would only have to secure the signatures of a majority of workers in the proposed bargaining unit.  Business groups including the National Association of Manufacturers, the National Retail Federation and the US Chamber of Commerce have formed a lobbying coalition to oppose the threat to the principle of the secret ballot.   

Chamber Applauds Education
Cybercast News Service reports, "Education Secretary Margaret Spellings says the states must start using the same formula in calculating how many students graduate from high school on time and how many drop out. Spellings said the graduation data will be made public so people can compare how students of every race, background and income level are performing…The US Chamber of Commerce is among those applauding the move.  'Accountability is a top priority for our nation's education system and never has this been as evident as in the issue of high school dropouts,' said the Chamber's Arthur J. Rothkopf. 'The Chamber recognizes that our nation must hold itself and its students to a higher standard to ensure that they succeed in school and beyond.' To create an adequate 21st century workforce, 'we need consistent and accurate ways of assessing states' progress in preparing students,' Rothkopf said."

Business community urges lawmakers to put cap in emissions legislation  

Politico reports that “A dirty little question is arising from the Senate's global warming bill: Just how much should companies pay for their pollution?  The legislation, up for floor consideration later this spring, would use a cap-and-trade program to cut greenhouse gas emissions from manufacturers and other polluters by 70 percent by 2050.  Companies would receive a certain number of pollution credits, and the rest would be auctioned off.  Afterward, larger polluters could buy extra allowances from greener companies. But the business community is calling foul and pushing for a limit on the price of emissions.  The debate has the US Chamber of Commerce and a handful of manufacturers and utility groups urging lawmakers to put a safety valve in the bill to cap credit prices."  The piece continued, "In the meantime, the NAM is ramping up grass-roots efforts by presenting concerns to other business owners at state climate dialogues hosted by the Alliance for Energy and Economic Growth, which includes the US Chamber of Commerce. The climate change discussions are being held in Ohio, New Hampshire, Montana and other targeted states. The Chamber and much of the business community oppose the bill because they believe high-priced carbon credits could cost US jobs and generally hurt the economy.  But the NAM is willing to consider the legislation as long as there is a safety valve."  

Emergency rooms are busier, but not because of poor
At the Wall Street Journal's Health Blog, "This is the conventional wisdom:  Priced out of health insurance, ever more Americans are crowding into emergency rooms because they can't afford a trip to the doctor."  Although ER's are getting busier, "it's not because of poor people or the uninsured, according to this analysis in the Annals of Emergency Medicine," but rather because of increased use by individuals "whose incomes put them at more than four times the poverty level, and who typically get their care at a doctor's office."  As a result, the findings suggest that the expansion of health insurance coverage "wouldn't do much to slow the influx of patients to emergency departments."  Instead, the study sees "other structural problems in the health care system" as the main culprits.

Glut Of Stolen IDs Drives Down Prices In Illicit Trade
The AP reports that fierce competition among identity thieves has driven the prices for stolen data down to bargain-basement levels, which has forced crooks to adopt mainstream business tactics to lure customers.  Credit card numbers were selling for as little as 40-cents each and access to a bank account was going for $10 in the second half of 2007, according to the latest twice-yearly Internet Security Threat Report from Symantec released Tuesday of this week.  Symantec said they found more evidence during the last six months of the year that Internet fraudsters are adopting mainstream tactics, including hiring teams of hackers to create new viruses and offering volume discounts on stolen data to encourage larger orders."  

Small business supporters fight new raft of tax law changes
The New York Times notes that advocates for small businesses are fighting changes in tax laws that the Bush administration says are aimed at cracking down on tax cheating, particularly by the self-employed.  The Times adds those representing small business argue that some of the changes proposed by the Treasury Department will create a mountain of new paperwork that will be cumbersome and costly. One important change would require federal, state and local agencies to withhold a percentage of payments from contractors – touching everything from the cleaning of schools to the paving of roads to supplying military uniforms.



4/8/08 - Federal Issues Update
Concerns regarding new EU antitrust rules
The Wall Street Journal reports the European Union proposed rules that would make it easier for businesses and consumers to sue for price fixing and other forms of antitrust abuse, but the measures would fall short of US-style class-action litigation. The proposals could quell some fears among US businesses that Europe will become a major new port of call for class-action cases. They also represent something of a setback for US plaintiffs' firms that have in recent years stepped up their presence abroad. The WSJ continues, "Alan Wiseman, a lawyer at Howrey LLP in Washington, said that while the proposal was 'not perfect, from a US perspective,' it was a 'major movement forward' that would encourage damaged parties to sue without opening the floodgates to claims. “It is a situation where the European Commission is trying to thread the needle between two cultures,' Mr. Wiseman said.  The US business lobby isn't so sure. Lisa Rickard, president of the Institute for Legal Reform, an arm of the US Chamber of Commerce, said the proposal for single damages was 'certainly preferable' to multiple damages, but that her group remained concerned that 'loopholes' could permit class actions to grow abroad."

Survey finds voters mostly favor arbitration For resolving disputes
Legal Newsline reported, "An overwhelming majority of voters say they prefer to resolve legal disputes through arbitration rather than seeking redress in the courts, a newly released poll indicates. The survey found that most likely voters say they favor arbitration as a method for resolving both consumer and employee disputes, with 82 percent of voters preferring arbitration over litigation as a means to settle a serious dispute with a company.

Arbitration Fairness Act
Jeff Horwitz wrote on the "BLT" blog at the Legal Times (4/2), "The US Chamber of Commerce and allies are gearing up for a significant fight over the 'Arbitration Fairness Act,' legislation pending in both houses of Congress that would strike mandatory arbitration agreements from consumer and employment contracts. Disgruntled contract holders would therefore have the right to sue - but not necessarily the option of mediation unless the business agreed to it. The battle lines are clear: The US Chamber, which represents business interests, is fighting to keep a wave of consumer suits against its members out of court. The American Association for Justice, which represents plaintiffs’ attorneys, wants to ensure consumers retain their right to pursue claims in the higher-stakes arena of the courts."

Senate votes down mortgage modification amendment
The New York Times (4/4, Herszenhorn) reports, "The Senate on Thursday rejected a proposal to let bankruptcy judges modify mortgages on primary residences to help financially distressed homeowners, but lawmakers continued to work on a bipartisan bill that includes other foreclosure assistance as well as tax breaks intended to stabilize the housing market." The loan alternation proposal "was the most controversial in a series of amendments to the larger housing measure. It faced stiff opposition from many Republicans as well as the banking and mortgage loan industries."  Here’s more from the AP, the Chicago Tribune, the CBS Evening News, the Washington Post and the Washington Times.

Rural foreclosure crisis ignored by media
The AP reports, "While news about the mortgage crisis often focuses on cities and booming suburbs, rural America has been hit hard, too. Research by the Housing Assistance Council, a Washington-based nonprofit organization that helps build housing in rural pockets of the country, has found that foreclosures are at least as prevalent in small towns as in cities." In fact, the crisis "in small-town America may be even more widespread than in cities. Mobile and prefab homes make up at least 15 percent of the nation's rural housing, and three-quarters of them were financed with installment or personal property loans rather than mortgage loans, according to the HAC."

Unions struggle to gain concessions in weak economy
The Wall Street Journal reports, "The struggling labor movement is facing another headwind: a souring economy that is creating what some experts say is the toughest bargaining environment in at least a decade." Employers are "are asking unions to renegotiate contracts earlier than before. And workers are reluctant to go on strike -- a key bargaining chip -- for fear of losing pay and work amid weak job and housing markets." Although unions make up "just 12 percent of the US work force, including public-sector workers, the impact of union contracts on other workers and the economy is significant."

Senators debate oil futures speculation  
CNN reports, "As gas prices hit another record high Thursday, senators in Washington suggested Congress may need to intervene and change how investors buy and sell oil." In a Senate Energy and Natural Resource Committee hearing, senators discussed "complicated but potentially critical topic of speculation, raising the possibility that Congress might make it harder for investors to buy high-risk oil contracts which some say are driving up gas prices." Top oil firm executives "agreed that current supply and demand levels should place the price near $55 a barrel, instead of the roughly $100 a barrel in recent days. Thursday, senators heard conflicting opinion on the idea, but many showed open distrust of the speculation market."

Actions aimed at immigration laws slowing
Stateline.org reports, "The headlong rush of states into immigration policy may be slowing.  In legislative sessions this spring, ambitious proposals in state capitols have been watered down, delayed or outright defeated. State legislators, many frustrated with federal inaction on immigration issues, continue to dive into the debate over whether undocumented immigrants are entitled to driver's licenses, in-state tuition at state universities, public benefits and business licenses. But this year, their actions have been measured or curtailed by their governors or special interest groups, especially compared to recent years, when state lawmakers presented a flurry of new ideas and passed an unprecedented number of immigration-related laws.

Seattle Times says Democrats don't give exports their economic due
In an editorial, the Seattle Times, "The Democratic presidential candidates, instead of bashing international trade, should be touting its contribution to shoring up a souring economy. In 2007, exports rose 12 percent to a record $1.6 trillion in goods and services, according to the US Chamber of Commerce," growth that "accounted for more than one-quarter of the increase in the gross domestic product. Exports are one of the few bright spots in an economy that Federal Reserve Chairman Ben Bernanke acknowledges appears to be heading into recession."



4/8/08 - The Paulson Blueprint
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

Treasury Secretary Henry Paulson recently announced a sweeping plan to overhaul the rules and structures governing our financial markets. Many of the Secretary's recommendations were based on ideas the U.S. Chamber and others have suggested.

Secretary Paulson deserves great credit for moving the debate forward by proposing a thoughtful and comprehensive plan to modernize and streamline the financial regulatory structure. Current U.S. financial services regulation is a patchwork of federal and state regulatory authorities with overlapping jurisdiction, inconsistent rules, and a hodgepodge of regulatory philosophies. As new financial services, products, and instruments have emerged, government has failed to adapt to changing times and is stuck in a system designed for the economy of the 1930s.

Some suggest we should respond to current difficulties by simply adding another layer of regulation on top of this creaky old system. While the regulatory weaknesses exposed by the current crisis must be addressed, our response should be smarter and more comprehensive. We must establish a modern 21st century regulatory framework to ensure our nation has the most efficient, innovative, fair, and well-regulated capital markets in the world.

In the coming days, much of the focus will be on the immediate housing and credit crises that have grabbed the headlines and roiled markets worldwide. There is bipartisan momentum for mortgage relief on Capitol Hill, and the Chamber will support a targeted program to allow responsible homeowners to stay in their homes under renegotiated terms. We have also voiced support for the Federal Reserve's action on Bear Stearns, which helped prevent a broad systemic collapse of the financial system.

You will also hear many pundits declare that Secretary Paulson's broader reform plan will never pass. Reform advocates should not be discouraged. This will be a marathon, not a sprint. In fact, the Secretary clearly divided his plan into short, medium and long term objectives. At all stages, there will be a vigorous debate over the details--and the Chamber will work closely with our members to drive the debate and shape the final outcome.

As this debate advances, all Americans must understand that no regulatory system can prevent every market loss or economic downturn. This should not even be our goal. Our free enterprise system thrives on taking risks. It is built on the potential for reward and the possibility of failure.

Our overriding goal must be to create a nimble regulatory system that leaves businesses and investors with the flexibility they need to innovate and compete in a global economy. If we lose the flexibility that has been a hallmark of America's success, our children and grandchildren will pay a terrible price in lost opportunity and prosperity.



3/5/08 - Straight Talk on Trade
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

Primaries in Texas and Ohio today could determine the Democratic nominee for president. For many voters, the election will be a referendum on free trade, particularly the North American Free Trade Agreement.

Voters in Ohio don't much like NAFTA; many in Texas do. As The Los Angeles Times points out, when Clinton and Obama hit the campaign trail in the Buckeye State, they compete to be NAFTA's biggest critic. But when they jet to Texas, the candidates clam up.

In fact, NAFTA is working not only in Texas but also in Ohio, which sells $20 billion in products to Canada and Mexico every year. Unfortunately, Ohio is struggling with economic changes that extend well beyond trade. NAFTA has become a convenient scapegoat.

Let's have some straight talk on trade. What do Americans say they want from free trade agreements? Many want protection for American workers, consumers, and the environment; the creation of good-paying jobs; and a level playing field. Are we achieving those goals?

Let's focus on jobs. Trade has spurred jobs for some types of workers while decreasing it for others. It's hard to pinpoint which jobs are lost due to trade or for other reasons. For example, thanks to technology, manufacturers can produce more goods with fewer workers. Some manufacturing jobs move from one U.S. state to another because of a more attractive business climate. Some jobs simply disappear as outdated industries fade away (think horse and buggies and carbon paper).

What we do know for certain is that since 2002, the United States has created nearly 16 million jobs. We know that America is the world's largest exporter and that one in five U.S. jobs are closely tied to our exports, meaning if we refuse to trade with the rest of the world we really will hear a giant sucking sound!

While most workers and consumers benefit from trade, we need to recognize some other facts. Some workers are dislocated. They deserve our support. They deserve new opportunities. They deserve better education and retraining programs so that they can succeed in a 21st century economy.

Our workers and businesses deserve a level playing field. Shutting down our trade, and pulling out of agreements with our closest neighbors, won't help anyone.

The bottom line: We need to focus on making free trade work better for more Americans, not shaking our fist at it and falsely blaming it for every economic ill. Presidential candidates, take note.



2/26/08 - A Gaping Hole in Americans' Education
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

For too long, America's education system has failed to equip students with the knowledge they need to make good financial decisions. An alarming number of adults are unable to balance a checkbook, understand the terms of a basic mortgage, realize the benefits of compound interest, and properly manage credit card debt.

Today we are suffering the consequences. We can see it in the subprime mortgage meltdown, skyrocketing credit card debt, personal bankruptcies, and a low savings rate. Beyond individuals broken dreams, this lack of financial and economic education is threatening the competiveness and wellbeing of our country. So what can--and should--be done about it?

Ideally, an understanding and appreciation of economics and finances would be taught at school levels from kindergarten to the 12th grade and beyond. It should be taught as part of a robust curriculum as determined by the states, in the same way that music and art are taught. Unfortunately, local school boards decline to include financial and economic literacy as part of the core curriculum. Many college students can earn a degree without having taken any courses in basic economics.

That means the private sector, nonprofits, parents, and religious groups must step in to fill the void. Many companies in the financial services industry have robust and effective programs to teach kids how to handle their personal finances. They have partnered with groups like Junior Achievement, the Boys and Girls Club, Operation Hope, and Jump$tart, among many others.

We must also clearly recognize that our citizens will not be financially literate without first learning basic math. Without the ability to do fractions and percentages, students will not be able to calculate compound interest, amortize loans and mortgages, or figure out other financial products like annuities and 401(k)s. It's all tied together, and it's why the Chamber has a major initiative underway to renew and strengthen No Child Left Behind.

But there's something more ... The lack of financial and economic education is at the core of the growing and dangerous trends against international trade and immigration. Many of our citizens do not understand how the worldwide economy works. They do not understand how trade and direct investment create good-paying jobs, lower prices, and increase choice. They do not understand the reality of why some jobs go overseas even as many more are created here at home. They do not understand the looming worker shortages in both high- and low-skill jobs.

This puts our economy in peril. It leaves citizens easily susceptible to fear mongering by politicians who are eager to confirm people's belief that whatever is wrong in their life is somebody else's fault.

If America is to compete and win in the 21st century economy, we need citizens who can not only make smart financial decisions in their personal lives, but in the economic life of the nation.



12/18/07 - Guidelines for Education Reform
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

Last week we explored the significant deficiencies in our K-12 school systems, including appalling high school graduation rates, lack of accountability, weakening academic standards, poor achievement results and fewer hours spent in the class room compared to our international competitors, and poor administration of our schools. This week we look at five guidelines for reform that can help our education systems become more accountable, rigorous, innovative, and focused on achievement.

First, teaching must be focused on results. We need to change the way we pay and evaluate our teachers. Pay for performance should be the standard. Teachers who achieve excellent results, choose to work in troubled schools, or teach hard to staff subjects like science and math should be paid more. Teachers who are ineffective, incompetent, or otherwise impede the progress of students should be removed from the classroom.

We should raise salaries for first-time teachers to bring better talent into schools. We should allow professionals from the private sector who wish to teach to do so by using common-sense certification requirements that take into account their experiences.

Second, school administrators must be given greater independence to run their schools. Principals should have more authority over budget and personnel decisions. They must insist on greater transparency surrounding spending, staffing, and student achievement.

Third, we need to collect more data so that we can accurately measure results. Without better data, we won't know when students need additional help to succeed, when teachers are being ineffective, or when teachers are excelling and should be awarded merit pay. Not a single state could provide systematic data on teacher performance or return on investment. No responsible publicly or privately held firm could operate successfully with such a lack of data.

Fourth, we need more rigorous academic standards, and states must be more truthful about whether or not they are meeting them. Many states paint a much rosier picture of how their schools are doing than is actually the case. This makes it tough for parents, voters, or business leaders to hold public officials and educators accountable.

Finally, innovation. If history has taught us anything, it's that nations, organizations, and individuals that adapt and innovate are the most successful. Small learning communities, early enrollment in college-level courses for credit, charter schools, and online learning can help revolutionize and improve our classrooms.

What has long made the American private sector an engine of global prosperity--its dynamism, creativity, and relentless focus on efficiency and results--is essential to tapping the potential of our educators and our schools.



12/10/07 - Losing Our Way on Education
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

Looking back on U.S. history, Americans have argued, debated, and even fought one another over many things. But one fundamental principle our country embraced almost from the very beginning was that a quality education was a civil right for every child.

Despite its fundamental importance to our society and way of life, we've lost our way on education. Today, everyone utters all the necessary platitudes about the importance of education, but our deeds no longer match our rhetoric. Dangerous trends have taken hold nationwide that should not only worry us but also scare us ... and even shame us.

High school graduation rates remain appallingly low. Only about two-thirds of all 9th graders graduate from high school in four years--it's only half for minorities. Those students who do receive diplomas often require remedial education. Many are unprepared for postsecondary education or the modern workforce.

Some states have chosen to dumb down their academic standards in order to achieve the appearance of proficiency even as our international competitors have toughened theirs. Today, U.S. fourth graders rank 11th in the world in reading; in 2001, they ranked 4th. We are also lagging in key subjects like math and science--skills essential to succeeding in the global, high-tech economy. In 2003, U.S. 15-year-olds ranked 19th in science and 24th in math. We get these results despite spending more on education than practically any other country.

Our students spend fewer hours in class than most of our international competitors. By age 18, students in many foreign countries will have received one to three years more class time than U.S. students. Talk about a competitive disadvantage!

And through lax management, poor oversight, and plain apathy, we have allowed schools to mismanage funds, facilities, and professional development; to hire and retain ineffective teachers; and to forgo collecting the data necessary to measure and track results. We cannot afford to lag behind as the rest of the world races ahead. The world will not stop and wait while our students catch up.

Unless we restore our commitment to education excellence for all students, we will pay a terrible price. America will go from economic superpower to an also-ran. Our high standard of living will erode like sand in a pounding surf. We will lose jobs, productivity, and, eventually, hope. The social fabric that holds our nation together will begin to unravel. Our failure will be measured not only in dollars and cents but in broken dreams.

How do we turn the situation around? Next week, I'll discuss five guidelines for education reform that could help our children achieve their dreams while ensuring America's global competitiveness.


 

11/6/07 - A Legal System Run Amok
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

How did we get to this point? We have allowed a deeply flawed legal system to infect and alter our democratic form of government, our civic life, and our character as a people.

We see some courts, juries, prosecutors, attorneys general, and regulators using the legal system not to enforce the law but to make the law. We see troubling attacks on the due process rights guaranteed to every American by ambitious prosecutors--including a frontal assault on the time-honored tradition of attorney-client privilege. And we have seen America move towards a culture where everyone is a victim, where suing is the first and not the last resort, and where any misfortune in life must always be someone else's fault.

Businesses, consumers, our health care system, our capital markets, and our identity as a people willing to take risks and innovate are suffering from the defects of our current legal system. Ultimately, the competitiveness of our economy is at stake.

The lawsuit tab for small businesses is $88 billion a year. Medical liability is forcing doctors to abandon their practices and engage in defensive medicine, ordering more tests and treatments than necessary solely to help avoid lawsuits. Securities litigation is driving foreign investors away in droves. And a relatively small group of class and mass action trial lawyers have devised a business model that lines their pockets while shortchanging their clients, clogs our courts, and perpetuates an endless stream of lawsuits.

As a result, businesses, governments, health care providers, community organizations, and others are becoming increasingly risk-averse. The first order of business is not to innovate, take a risk, build a project, provide a service, or help the community. The first order of business is how do I avoid getting sued?

It's easy to blame the lawyers for all this, but in fact, improving our legal climate, reforming our legal system, and reaffirming our culture of acceptable risk-taking and entrepreneurship are challenges all Americans must confront.

Americans need to make some fundamental decisions, and soon--do we want to be a nation ruled by laws, or lawyers? Do we want to reward innovation and risk, or punish it? Do we want to encourage individual responsibility where the truly wronged can seek just compensation from the courts, or do we want to discourage it by allowing an onslaught of frivolous lawsuits by plaintiffs looking to win the "litigation lottery?"


 

10/31/07 - Infrastructure, we need more money but must spend it wisely
U.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:

It's been several months now since the tragic collapse of the I-35 bridge in Minneapolis. That terrible event did help serve one useful purpose--it focused the attention of our citizens and elected leaders on the need for greater investment in our crumbling infrastructure.

While the jury is still out on whether Congress will heed this call--the U.S. Chamber is using every resource at its disposal to ensure that it does--one aspect lost in the debate is how we spend the infrastructure money we currently have, and how we should spend any additional funds.

Taxpayers would be outraged to learn how much of the money they pay in user-fees for roads, the aviation system, and other transportation systems are diverted to non-infrastructure projects like childhood obesity programs, "bridges to nowhere," or rain forest museums in Iowa.

The number of earmarks in infrastructure spending bills has ballooned from 101 in 1981 to 6,371 in 2005. Politicians should be penalized when they skim money from dedicated transportation funds to pay for projects of their own choosing. It breaks trust with the taxpayers.

If Congress insists on earmarking infrastructure funds, it should at least require that the earmarks go to core infrastructure needs, not unrelated pet projects. It should also refuse to give states carte blanche to use federal bridge money as they please. California diverted $350 million from its bridge program last year alone; Pennsylvania, about $130 million.

Congress must also work with the states to ensure that infrastructure funding goes to the highest priority projects yielding the greatest economic and safety benefits to the entire nation. There is no mechanism in place to do this now.

Yet even if we spent every single dime of infrastructure funding for its intended purposes--and we should--we still wouldn't have enough to bring our current system up to par, much less expand it. In this case, more money must be part of the solution, and it should come from three places: private investment, public-private partnerships, and consideration of an increase in the gasoline user tax fee, which hasn't been raised in 14 years. And the money must be spent wisely.

What will we get in return for these investments? We will save lives and create American jobs, and set the foundation for a more robust, productive, globally competitive economy.



10/9/07 - How to Keep U.S. Capital Markets the Best in the World

 

Last week we examinU.S. Chamber of Commerce President & CEO Thomas J. Donohue's column:ed the causes and consequences of the subprime crisis. If nothing else, it focused attention on the critical role U.S. capital markets play in our economy and personal lives. How important are our capital markets?

The answer is simple--every company, whether big or small, public or private, needs capital to run its business. And there's something more. Given the failure of politicians to modernize government entitlement programs, our nation must rely on strong private sector markets to help provide for the needs of 77 million retiring baby boomers.

So what can we do to create the world's most efficient, transparent, and attractive markets? First, we must modernize the regulatory structure that governs them. We need to consolidate overlapping and duplicate regulatory agencies, foster better coordination among regulators, and implement a regulatory culture that aggressively pursues bad actors, while providing fair and understandable oversight of all others.

Second, we must ensure the viability of the global system of accounting and auditing. Audit firms are required by law to be private partnerships. This makes them uniquely vulnerable to legal risk--and ultimately uninsurable. Today, all the top audit firms face multi-billion dollar lawsuits, any one of which could put them out of business. This exposes our entire capital market system to serious risk.

Third, we need to uphold the due process rights that are guaranteed under the Constitution of the United States. We are fighting abusive tactics by government prosecutors and agencies, such as pressure to waive attorney-client privilege or to penalize companies for paying attorney fees for employees.

Fourth, we must stop further misuse of the regulatory process by third party special interests. For example, union-controlled public pension funds are using proxy battles to achieve what they could not win at the bargaining table. We have a system where shareholders sue themselves and drive down their own stock prices, with huge fees paid out to the lawyers!

Fifth, we must educate all Americans about the fundamental importance of our capital markets and encourage their participation in them. The Chamber has long supported tax policies and savings vehicles that encourage citizens at all income levels to build wealth in the markets--and we will continue to do so.

The bottom line is if we put the regulators, politicians, bureaucrats, cops, lawyers, and bean counters in the driver's seat of American enterprise, we will pay a terrible price. That's what we have been doing to our capital markets for too long, and it must stop! America's capital markets have generated more wealth, opportunity, and financial security for more people than any system ever created. They are the powerful engine behind our nation's economic miracle. And we'd better not forget it.



9/17/07 - Federal Issues Update

States Move Forward On Energy Initiatives
As Congress struggles to reconcile the House and Senate energy bills, 40 states have filed 300 energy efficiency and climate change bills this year, the National Conference of State Legislatures reports.  Twenty states and the District of Columbia have adopted renewable energy requirements for utilities.  On Wednesday the National Governors Association announced a clean-energy initiative to speed passage of state measures to increase conservation and biofuel production and to reduce heat-trapping gases.

Senate Votes to Block Mexican Truck Program
The U.S. Senate voted on Tuesday to block funding for the test program to let Mexican long-haul trucks operate in the U.S. as part of the fiscal 2008 Transportation-HUD spending bill.  The test program began right after Labor Day.  The Bush administration threatened to veto the transportation bill because it would spend more money than the President requested but opposes any restrictions to the Mexican truck program.  Sen. Byron Dorgan (D-ND) led the effort to deny funding for the program and questioned Mexican truck safety rules, as well as the handling of the test by the Bush administration.

Jobs Outlook is Stable For Fourth Quarter
Employers in the U.S. plan to maintain hiring in the fourth quarter at the same pace as in the prior six months, according to a private survey.  Manpower Inc., the world's second-largest provider of temporary workers, said its employment index for September through December held at 18 for a third consecutive quarter.  Nine percent of the roughly 14,000 companies surveyed said they'd trim payrolls in the coming quarter, and 58 percent anticipated no change from the prior quarter's pace of hiring. Twenty-seven percent said they will add to payrolls in the fourth quarter.

OPEC Leaders Split on Increase
On Tuesday OPEC leaders met in Vienna to consider a modest rise in oil output proposed by Saudi Arabia and other Gulf Arab states in a gesture to consumers worried by the economic impact of $77/barrel oil and rapidly diminishing stocks.  However, the plan to add 500,000 barrels per day of oil had yet to convince all OPEC ministers and discussions were continuing.  Venezuela, Algeria and Libya said ahead of the talks they were not in support of increasing supplies.  OPEC sources said Saudi Arabia, the United Arab Emirates, Qatar and Kuwait favored a small hike.  Industrialized consumer nations are forecasting their crude oil stocks will fall to the bottom of the five-year average range by January unless OPEC pumps more crude oil, and fast.

 


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For additional information on the Chamber's business advocacy efforts, please contact Jason Brandt at 503-581-1466, ext. 304.

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