AIFG Blogs

U.S. Chamber Releases Annual List of 2012 Most Ridiculous Lawsuits

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WASHINGTON, D.C.—A lawsuit by a driver who pleaded guilty to driving under the influence of alcohol and drugs and then sued a victim that he killed tops the U.S. Chamber Institute for Legal Reform’s (ILR) survey of the Top Ten Most Ridiculous Lawsuits of 2012, released on December 27.

“Abuse of our legal system is no joke, and these examples range from the outrageous to the absurd,” said ILR President Lisa A. Rickard. “This poll reminds us that as a society, we sue too much. In turn, these abusive lawsuits inflict harm on lives, jobs, and our economic growth.”

ILR announced the Top Ten Most Ridiculous Lawsuits of 2012 from votes cast throughout the year by visitors to FacesOfLawsuitAbuse.org
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The lawsuits were selected from those featured in the website’s monthly polls for 2012. The Faces of Lawsuit Abuse campaign is ILR’s public awareness effort created to highlight the impact of abusive lawsuits on small businesses, communities, and individuals.

The Top Ten Most Ridiculous Lawsuits of 2012 are:

1. Intoxicated Florida driver pleads guilty to manslaughter, then sues victim he killed
2. Michigan woman files $5 million suit for the leftover gas still in her repossessed car
3. 13-year-old Little Leaguer sued by spectator who got hit with baseball
4. Maximum security inmate who went to jail with five teeth sues prison for dental problems
5. Anheuser Busch sued when longneck bottle used as weapon in bar fight
6. National Football League fan sues Dallas Cowboys over hot bench
7. California restaurateur sued for disabilities act violations in parking lot he doesn’t own
8. Colorado man wins $7 million blaming illness on inhaling microwave popcorn fumes
9. $1.7 billion suit claims City of Santa Monica wireless parking meters causing health problems
10. Bay Area parents sue school after their son was kicked out of honors class for cheating

Links to the full news stories from which these were drawn and the complete results of the poll can be found at http://facesoflawsuitabuse.org/polls-archive.

ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels.

(The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.)

What's the Mayan Word for "Cliff?"

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(Rich Galen) - Boy, I'm good. I finished Wednesday's column with : "Plan B might not pass, but Plan C or D, or Q will find its way to the floors of the two Chambers before December 31 and will pass."

Plan B is not going to pass as last night the House Republican Conference refused to accept the elements of the Plan.   Speaker John Boehner said in a statement:  "The House did not take up the tax measure today because it did not have sufficient support from our members to pass."

I am not in touch with the innermost circles of the House leadership as I once was, but I can guess, in broad strokes, what went down.  Remember, this is the still the 112th Congress. Members of the House and Senate who have announced their retirements or have been defeated are still voting on these 10-year programs. 

On Wednesday night the House Rules Committee held a meeting to bring Plan B to the floor on Thursday. Voting was set for sometime around 7 PM. It never happened.  I suspect, when the Hill reporters finish bearding the Republican Members and their staffs, that the major stumbling block was any lack of agreement from the White House that if Plan B passed the House and Senate (which was far less than doubtful) that the President would up the ante for spending reductions. 

Without any guarantee of spending reductions at least matching the revenue increases, this was seen as a bad deal - maybe on the scale of the George H.W. Bush "Read My Lips" deal when Bush 41 agreed to revenue increases with the Democrat-controlled House and Senate only to see them (and Pat Buchanan) beat him over the head with them during his re-election campaign in 1992. 

The House Majority Leader's office declared the Members could go home until after Christmas. The President is going to Hawaii. Senate Majority Leader, Harry Reid had previously said he would send Senators home today and wouldn't call them back until two days after Christmas.  

So. The cliff looms.  And the Mayans are laughing up their sleeves if they had sleeves up which they could laugh. 

Today is the end of days we've been hearing so much about. As I told you the other day, it is also my 66th birthday, so I didn't miss the height of the Mayan civilization by much.  My social security checks will just about cover my increased taxes in 2013 which means I've been working since I was 18 just so I could afford to pay my taxes after I turned 66.  

Welcome to the new normal. 

If we're all here on Saturday we can begin worrying about the fiscal cliff again, something the Congress won't be doing for at least a week.  In the meantime, here's the answer to the question posed in the title. The Mayan word for "cliff" is lik'ik'ik.  That's true.

Why Chuck Hagel shouldn't be Secretary of Defense

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(Tom Cotton) - Chuck Hagel, who is reportedly on the White House’s shortlist of nominees for secretary of defense, served our country admirably in Vietnam. But he is not the right person for the Pentagon.

Our fighting men and women deserve a leader who will not only honor their service, but also advocate for them and honor their accomplishments. Regrettably, the former senator’s dismal record on Iraq suggests that he will do none of those things—for he abandoned the very troops he once voted to send to war. I would know, because I was one of them.

Over Thanksgiving weekend in 2006, two years before his retirement as the Republican senator from Nebraska, Mr. Hagel penned a column for the Washington Post entitled “Leaving Iraq, Honorably.” He asserted that “there will be no victory or defeat for the United States in Iraq,” and “the time for more U.S. troops in Iraq has passed.” Rather, Mr. Hagel argued, we “must begin planning for a phased troop withdrawal.”

Imagine my surprise at the senator’s assertions, having just returned that week from combat in Baghdad as an infantry platoon leader with the 101st Airborne Division. My soldiers had fought bravely to stabilize that city, protect innocent civilians and defeat al Qaeda. Those soldiers were proud of their accomplishments.

No one had told us during our time in Baghdad that we would achieve “no victory.” Readers might have shared my surprise at Mr. Hagel’s words if he had mentioned his earlier vote supporting the war.

The troops recognized the folly of Mr. Hagel’s proposed withdrawal. The fighting in Baghdad that year had certainly been hard, with progress slow and frustrating. Yet the solution to those of us on the front lines was plain. We needed more troops and a new strategy focused on securing the civilian population. That counterinsurgency strategy would help win the support of Iraqis, who would then help flush out terrorists and militias and allow for political reconciliation.

We needed, in other words, the “surge.” In his lowest political moment, President George W. Bush had his finest hour. He kept faith with the troops he had sent to war. Mr. Hagel, on the other hand, called the surge “the most dangerous foreign policy blunder in this country since Vietnam” and broke faith with those troops. In the Senate, he helped in early 2007 to delay emergency funding for the war. He then voted for a measure to force withdrawal from Iraq.

Perhaps most astonishing, Mr. Hagel voted in 2007 against designating Iran’s Islamic Revolutionary Guard Corps a terrorist organization. The IRGC was directly responsible for the deaths of numerous American soldiers in Iraq. In addition to its terrorist attacks around the world, the IRGC smuggled a particularly lethal kind of roadside bomb into Iraq known as an explosively formed projectile, or EFP.

An EFP consists of a tube packed with explosives and topped by a metal plate. The heat from the explosion inside the tube turns the plate into a molten slug, which could penetrate not just the Humvees in which my soldiers and I rode, but even an M1A1 Abrams tank.

The use of EFPs in Iraq more than doubled in 2006, making them among the most feared enemy weapon during our tour. For example, two new soldiers arrived in my platoon and received the usual on-boarding brief. One soldier asked about roadside bombs. I told the two new men to stay alert for indicators and to trust their armor; my platoon had hit numerous bombs, but we had all survived to that point. The other soldier then asked, “What about EFPs?” I paused and could only respond: “Just hope it’s not your day.”

The Iranians continued smuggling explosively formed projectiles into Iraq well after my platoon departed in 2006, but apparently Mr. Hagel deemed these acts of war insufficient to call the Islamic Revolutionary Guard Corps exactly what it is—a terrorist organization. (Though his vote, it must be said, is of a piece with his long-standing dovish views toward Iran.)

Even after the surge had succeeded, Mr. Hagel could not bring himself to celebrate our military’s accomplishment. In late 2008, with casualties down by 85%, Mr. Hagel still questioned the surge’s success. He credited the Anbar Awakening of Sunni tribal leaders against al Qaeda (as if the surge didn’t encourage them), Shiite cleric Moqtada al-Sadr’s stand-down (as if the surge didn’t scare him) and improved intelligence systems (as if the surge didn’t introduce them).

Though his record on Iraq alone should disqualify Mr. Hagel from leading our troops in a time of war, his views on current issues are no less alarming and show he has not learned from his errors. Unlike the current secretary of defense, Mr. Hagel seems willing to accept devastating cuts to defense spending, calling the U.S. military “bloated” and in need of being “pared down.” He also has expressed a desire to accelerate the troop withdrawal from Afghanistan (a war for which he also voted).

This is not the record of a leader who can be counted on to stand by our armed forces. While Mr. Obama has every right to choose his secretary of defense, I urge him not to nominate Mr. Hagel. If he is nominated, I urge the Senate not to confirm him. Our fighting men and women deserve so much better.

(Mr. Cotton is the U.S Representative-elect from Arkansas's 4th congressional district.  This column originally appeared in the Wall Street Journal)

Market Commentary

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Yearning for Clarity

Almost everything happening these days seems to be adding to the uncertainty of the outlook.  The consensus had been that once the election was over, investors would have a better sense of what the United States economy would be like in 2013 and how the tax structure might change.  Once the ballot boxes had been stored, we had to deal with the aftermath of Hurricane Sandy, which had caused enormous personal and economic hardship.  As power resumed in the region, Washington focused on the so-called fiscal cliff.  Both parties showed a willingness to take steps to reduce the impact on the economy of the expenditure cuts and tax increases by January 1, but as yet no specific agreement has been reached.  In the Near East conditions deteriorated.  The violence in Syria continued and the conflict between Israel and Hamas in Gaza intensified, with missile attacks on both sides.  A cease-fire has now been negotiated.  Let’s hope it lasts.  In Europe Greece asked for a two-year extension in meeting its debt to Gross Domestic Product (GDP) targets, and finance ministers and other officials attended various meetings on structural change, but they still have not come up with a plan for greater fiscal convergence.  In China the leadership transition has taken place and more fiscal and monetary stimulus is planned, so at least there is some good news coming out of the world’s second largest economy.  Recent data shows the economy is improving.  

Against this backdrop it is hard to make serious investment decisions.  The Wall Street Journal reported that corporations are curtailing capital spending plans but with all that’s going on, that should not be front page headline news.  Revenues are only increasing modestly and operating rates are at 78%, so there is little need for building new plants and equipping them.  Since the end of the recession, companies have used their capital spending budgets to increase productivity.  Profits as a percentage of sales are peaking and corporate profits as a percentage of GDP are at a recent record.  Companies are functioning at maximum efficiency and unless managers see important sales increases, they have little reason to make capital investment decisions.

The uncertainties surrounding the fiscal cliff are also hardly reassuring to corporate managers.  The opening position of the Democrats is that the top tax bracket rate has to move from 35% to 39.6%, but the Republicans, while recognizing the need to raise revenues, would rather do this by eliminating some loopholes and limiting deductions.  Clearly more negotiation has to take place.  In my view we are likely to see a combination of tax increases and expenditure cuts amounting to 1.5% on a nominal GDP growth rate of 4%.  With inflation at 2% this would put real GDP growth just above the zero line.  Housing, however, is bottoming this year and should be contributing to growth next year, but it is unlikely that we will see real GDP much above 2%.  I am still worried that modest corporate revenue increases resulting from slow overall economic growth will make earnings improvement in 2013 difficult.  Companies have limited pricing power and some costs are increasing.  While most strategists and analysts are forecasting earnings progress next year, I believe that may prove too optimistic.

Every effort will be made for the parties to come to some conceptual agreement on the framework for dealing with the fiscal cliff before the end of the year, but the right approach would be to take a comprehensive look at the entire tax code rather than tinkering with a few provisions so a deal can be signed before 2013 begins.  If I were to handicap the probabilities I would put the likelihood of the top bracket tax rate being raised to close to 40% very high, but there might be some flexibility by the Democrats on where the top bracket begins in order to bring the Republicans on board.  Raising the break-point to $1 million, as had been discussed, is out of the question in my view, but $500,000 is a possibility.  While the Republicans are committed to not raising tax rates, Obama is determined to have the wealthy pay “their fair share,” so this is an issue that will not be easily resolved.  Those of us in the financial services industry, especially in New York, may have a distorted sense of the definition of “wealthy.”  Remember, in Washington very few elected or appointed officials make more than $200,000 and the President may be influenced by that.

I also think that the tax rate on dividends and capital gains is sure to go up.  I would put both at 20% plus the 3.8% surcharge to help pay for the Affordable Care Act.  The expectation that these taxes will increase has caused heavy selling of appreciated holdings by individuals wanting to reap their profits before year-end.  Fear that a cap will be placed on charitable contributions has also caused many to give securities with large capital gains to institutions who then sell them in the open market, putting additional pressure on prices.  These factors help explain the poor market performance since the election.  It is unclear when this will end, but it should create some buying opportunities in recent winners along the way.  There has been selling of high-dividend-paying stocks as a result of the anticipated changes in the tax code.  Ned Davis Research has pointed out that for the last 60 years the Standard & Poor’s 500 dividend yield has been 1.4% points below the 10-year Treasury yield on an after tax basis.  As of October 31, it was .64% above the 10-year Treasury.  The differential would still be above the Treasury if taxes on dividends were raised.  As long as the Federal Reserve remains accommodative, dividend payers should remain attractive relative to non-payers.

The payroll tax cut which was extended last year affects most working people but there is limited support for continuing it in its present form for another year.  It is unlikely to end abruptly; a gradual roll-off would be less disruptive.  There are a number of other items such as jobless benefits, physician payments, the sequestering of funds for defense and healthcare, and adjustments in the Alternative Minimum tax that are on the table and both parties will attempt to defer some of these.  If the whole fiscal cliff of $600 billion–plus were to hit in 2013, the economy would almost certainly slip back into recession or something very close to it and neither political party wants to be responsible for that.

I also think that we are going to see some government programs cut.  The big items are healthcare, Social Security and defense.  Of the three, the defense budget is most likely to be substantially reduced. I think a commission will be formed to take a thorough look at defense expenditures because it would be hard to make serious progress in reducing defense programs in Congress without an impartial body making recommendations.  Almost every state has a defense contractor or military base or both and no member of Congress is going to vote for trimming back a program or facility in his or her district with the resultant elimination of jobs.  In healthcare we have to move away from pay-for-service to a more results-oriented system.  Healthcare costs in the United States are in the high teens as a percentage of GDP, substantially above the level of Europe, which has a comparable level of care.  There is much waste and fraud in the system and this has to be addressed.  Social Security is somewhat sacrosanct, but while the present retirement structure might be maintained for those 55 and over, perhaps changes could be implemented for younger people in the work force not yet approaching retirement.

The idea of eliminating tax preferences for certain industries like oil and gas and real estate is surely going to be considered.  So will limitations on deductions for charitable contributions, mortgage interest and state and local taxes.  There are special interest groups that will be fighting hard to preserve these preferences and deductions and that is why I think the whole process of dealing with the fiscal cliff will spill into next year.  It will take some time to deal thoughtfully with all of these issues.  Those who worry that higher tax rates will discourage entrepreneurs are countered by economic historians who point out that during the 1960s the top earners were paying a marginal rate of 70% and the economy continued to grow.  The United States was in a different competitive position relative to the rest of the world back then, however.  Europe and Asia were still recovering after the war.

Another issue is the debt ceiling, and we may be approaching this faster than is widely believed.  There is general agreement that Washington will have to deal with it before March, but I have seen data indicating that we could hit the $16.394 trillion limit as early as December 8.  We were at $16.242 trillion on November 14.  When the current limit was established there was agreement that the increase from $15.25 trillion to the current level would be matched by spending cuts, but I don’t believe Washington has taken that trade-off seriously.  What will probably happen is that the whole debt ceiling issue will be folded into the fiscal cliff negotiation.  It cannot be ignored.

Perhaps the most distressing aspect of America’s current financial predicament is that we are weighing the merits of various expenditure cuts and tax increases that will surely slow an economy with a record number of people out of work 27 weeks or more and more people on food stamps than ever before.  And because we are so focused on cutting government programs we cannot consider any major program to improve our decaying infrastructure or deal with the fact that we, the largest economy in the world in terms of GDP, are a country whose 15-year-olds rank 22nd in the world in reading, 21st in science and 29th in math.  We are considered the leader of the free world, but will that be true several decades from now?

There is not much new to report on Europe.  The continent is in a shallow recession now and the leaders of the key countries continue to work towards some form of fiscal integration.  The key risk continues to be that social unrest related to the implementation of austerity programs in the various countries impedes the ability of their governments to agree to the formation of a banking union, to provide deposit insurance and to agree to supervision of the budgetary process by the European Commission.  Much of what needs to be done requires giving up some sovereignty by the various countries, but that is going to be necessary if the European Union is going to endure in the long term.  So far the burden has fallen on the European Central Bank to provide the liquidity to enable the countries in trouble to meet their obligations, but this cannot go on forever.  We need to see structural changes begin soon. 

If the cease-fire were to break down and Israel were to send troops into Gaza, its fragile relationship with Jordan and Egypt would be threatened and the tenuous stability in the Middle East would be endangered.  The prospect of continued uncertainty on its western border might influence Israel’s willingness to mount an attack against Iran’s nuclear facilities.  Missiles manufactured in Iran and capable of reaching Tel Aviv and Jerusalem have come out of Gaza.  With its population experiencing injuries, loss of life and fear as people seek refuge in bomb shelters, it is unlikely that Israel would want to escalate its military commitment in a conflict with Iran which would be even larger in scale.  Last week the International Atomic Energy Agency reported that Iran had completed equipping an underground facility capable of producing weapons-grade uranium.  I had hoped that the decline in Iran’s currency and the hardships endured by its population as a result of the international sanctions would increase the likelihood of negotiations leading to a scale-back of the nuclear weapons program.  That seems less likely now.  Continued unsettled conditions and strife in the region means higher oil prices.

With the resolution of many issues in doubt it is not surprising that the markets are wavering.  Hopefully we will have greater clarity on some of these before 2013 begins, but we have to plan for continued uncertainty.  The markets are fairly valued so a major decline is unlikely, but a significant move higher is improbable also.

Finally a brief post-mortem on the election.  Considering the weak state of the economy and his low approval rating it is surprising that Obama and the Democrats did so well.  As the conservative commentator David Frum pointed out, he took all the swing states he targeted and had a 55-45 margin of victory beyond the southern Republican stronghold.  Superior technology helped Obama, but it probably didn’t play a role in the Congressional races and the Democrats picked up eight seats.  Romney moved to the center too late (during the first debate).  He needed to appeal to the die-hard social conservatives and the Tea Party during the primaries, but should have expressed his inherent moderate thinking right after that.  The Republican Party failed to recognize the importance of the changing demographics in America.  Its policies were not embraced by Hispanics, African-Americans, younger women and youth generally.  The Democrats seized on these weaknesses.  While Romney was campaigning for the nomination, they registered likely voters sympathetic to their policies and worked hard to make sure these people got to the polls on election day.  I think the voters were also confused about where Romney really stood on many issues and whether his economic plan would really work.  He might have fared better if he had picked Rob Portman of Ohio rather than Paul Ryan as his running mate.  In any case the Republicans will have to rethink their strategy, focusing on the social issues and population breakdown of the America that now exists, or they will have trouble in 2016 as well.

Stop Arguing About Revenue, Start Promoting Growth

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(Chris Chocola) - As the political and media classes ponder the fiscal cliff, many are tempted to pigeonhole conservatives into a box that says they are either against all types of tax revenue or open to all types of tax hikes. That is a completely false choice.

When considering a tax code that is 70,000 pages long, and a federal budget that contains nearly $4 trillion in annual spending, it is clear that not all taxes or revenue generators are created equally. The media’s fixation on pledges misses the point. The standard by which we should measure legislation is not whether it generates revenue. Instead, the paramount consideration should be whether it promotes economic growth.

As a general matter, higher taxes and bigger government are detrimental to economic growth. But generalities are not always informative. For example, last year the Club for Growth supported legislation by Oklahoma GOP Sen. Tom Coburn that would have eliminated the ethanol tax credit. That measure contained no countervailing reduction in tax rates or spending and it would have generated additional revenue to the federal treasury. However, the ethanol tax credit is such an egregious market distortion that its removal is pro-growth, notwithstanding the federal revenue increase.

The tax code is chock full of market-distorting subsidies, loopholes and social engineering incentives. The government’s promotion of the misallocation of capital is decidedly harmful to economic growth. Conservatives wisely opposed many of them before they were enacted. Yet some adopt the warped logic that once these boondoggles make their way into the tax code, they must be kept there, because eliminating any of them is somehow tantamount to raising taxes. In fact, some of these provisions are functionally no different from spending programs, and they ought to be eliminated.

The same principle applies to revenue. While the Bowles-Simpson proposal contained some very anti-growth provisions, it also embraced the proposition that a tax overhaul that eliminates deductions and lowers rather than raises income tax rates is pro-growth, and thereby also increases revenue. Sen. Patrick J. Toomey, R-Pa., correctly captured this principle in last year’s Joint Select Committee on Deficit Reduction with his proposal that would have lowered rates, limited deductions and raised revenue.

That brings us to the current debate and the question of how tax revenue might be increased without harming the economy.

President Barack Obama appears determined to inflict the worst kinds of anti-growth changes on the tax code, raising rates on income and investment. Those should be strenuously opposed. Speaker John A. Boehner, R-Ohio, and others rightly counter that revenue increases can be achieved through reducing deductions that do not have the same negative consequences for our economy.

We agree, but again, the economic growth comes if the elimination of deductions is accompanied by lower marginal rates. Alan K. Simpson and Erskine Bowles recognized this when they advocated cutting the top marginal rate to between 23 percent and 29 percent, not increasing it to nearly 40 percent as Obama would do. The serious flaw in Boehner’s current proposal is that it contains no pro-growth rate reductions.

Much is made of a question in a Republican presidential debate in which the candidates were asked if they would accept a debt reduction deal that had $10 in spending cuts for one dollar in tax increases. The right answer would have been: The acceptable amount of anti-growth tax increases is zero. However, revenue increases that come from eliminating market-distorting tax preferences and from pro-growth tax changes, combined with a real entitlement spending overhaul, is indeed a grand bargain.

We must not lose sight of the critical nature of entitlement spending changes. We cannot tax our way out of our debt problem — the total of Obama’s tax hike package covers only 8 percent of the deficit. Big time economic growth is essential to eliminating the debt, but even that will not do it alone. Pro-growth tax policy must be coupled with meaningful restraints on entitlement spending. Our entitlement-driven unfunded liabilities exceed the net worth of every man, woman and child in our country.

If the president and Congress really want to put our country on a sustainable fiscal path, there is a way forward. The time to start down that long and difficult road is now. It is our only path to prosperity.

(Chris Chocola, a former Republican House member from Indiana, is president of the Club for Growth. This column originally appeared in Roll Call.)

 

 

U.S. businesses seek a more competitive economy

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The election is over and the spotlight is on the fiscal cliff. 

Yet the Washington political drama over year-end tax increases and spending cuts will eventually end, as all do. Some business leaders are already looking past it to a more difficult challenge: the decline of U.S. competitiveness. 

A recurring theme in the presidential campaign, the USA's dominant position in the global marketplace has been declining for more than a decade. It underlies the listless recovery, weak job growth and decline of the middle class, economists say. 

Next week, a coalition of business leaders will press a longer-term to-do list on Washington's politicians. Its 200 items include cutting corporate taxes, streamlining regulations, upgrading the nation's crumbling infrastructure and creating a more highly skilled workforce. The nation's $16 trillion debt itself is a deterrent to U.S. competitiveness because it crimps government investment in education and infrastructure and creates uncertainty among businesses about taxes and interest rates. 

The Council on Competitiveness, a group of CEOs, university presidents and labor leaders, notes that many of the issues aren't partisan in nature and should draw support from both parties in a divided Congress. 

"We need to make the United States a leader in attracting investment, growing jobs and delivering prosperity," says Deborah Wince-Smith, who heads the competitiveness council. "And we're falling behind in all those things." 

Despite its slippage, the U.S. is still an economic power and the world's manufacturing leader. And in recent years, falling U.S. factory wages and energy prices have allowed it to narrow its business-cost gap with other countries. 

  

OUTSOURCING JOBS  

Over the long term, however, its status has declined as manufacturers have outsourced millions of jobs to countries that have lower wages, such as China; capitalism has spread to formerly closed economies, and technology has allowed companies to do business almost anywhere. The World Economic Forum recently said the USA's global ranking among the most competitive economies fell for the fourth year in a row in 2012, from fifth to seventh. It listed government bureaucracy, high taxes and an inadequately educated workforce among the biggest deterrents for doing business here. 

And in a recent Harvard Business School survey of nearly 7,000 alumni, most of whom are senior business executives, 58% said they expect U.S. competitiveness to deteriorate over the next three years, though that's down from 71% last year. Competitiveness was defined as the ability to compete in the global economy while supporting high living standards for average Americans. 

There is some good news. The past few years, companies such as General Electric, NCR and Ford have moved at least some production back to the U.S., a trend known as reshoring. 

There are myriad reasons for the trend. Chinese wages have climbed an average 19% annually in recent years, while U.S. wages have risen by less than 4% annually, shrinking China's labor advantage, according to a study by Boston Consulting Group (BCG). Companies also cite rising overseas shipping costs, the sometimes-poor quality of foreign-made goods and the desire to more closely oversee production. 

Meanwhile, rising domestic energy production promises to pay huge dividends for the U.S. economy. A natural gas drilling boom has sharply lowered prices of the commodity and prompted companies that use natural gas as an energy source or feedstock to build plants in the U.S. or move production from overseas. To some extent, the U.S. is benefiting from a growing tendency of companies to locate production closer to customers, whether here or abroad. Yet manufacturers such as Toyota, Honda and Siemens are taking advantage of low U.S. costs to begin exporting U.S.-made cars, gas turbines and other products to foreign countries. 

By the end of the decade, on-shoring and increased exports are expected to add about $125 billion a year to U.S. economic output and create 2.5 million to 5 million jobs, says BCG Senior Vice President Hal Sirkin. 

Yet while the offshoring calculus has shifted for many companies, it's not enough to reverse the long-term trend, says Harvard business professor Jan Rivkin. Respondents to the Harvard alumni survey were still three times as likely to be considering moving a business out of the U.S. as into the country. 

"We know the dominant flow remains outbound," he says. "Are we sinking more slowly than in the past? There's no question you hear lots of hopeful stories about reshoring." 

The fruitful upsides and frustrating downsides of manufacturing in the U.S. can both be found in the example of Chesapeake Bay Candle. 

The company moved some production of certain candles — those largely produced with automated machines — from Vietnam to Glen Burnie, Md., last year. A big reason is that a 25% Vietnamese labor cost advantage has been cut in half the past three years, says marketing manager Mareike Finck. 

Also, the company was able to reduce delivery times to U.S. stores from eight weeks to two — an advantage that became critical as power outages from Hurricane Sandy caused stores to quickly run out of Chesapeake's candles. "Now we can replenish stores on the East Coast within two weeks," says Chesapeake Bay owner Mei Xu. 

But Xu says obtaining a county permit to convert a former 117,000-square-foot warehouse into its factory and warehouse was a regulatory nightmare as county officials requested numerous revisions to fire safety, engineering and other plans. Permit approval, which can be secured in a few weeks in Asia, took more than six months, adding about $500,000 in costs and delaying the opening of the plant, which employs 46 and expects to add about 50 workers in the next year. 

  

TO-DO LIST FOR POLICYMAKERS 

Here are some of the ways businesses say policymakers can help improve U.S. competitiveness: 

• Lower corporate taxes. The 39.1% combined U.S. corporate tax rate, including state and local taxes — the federal rate is 35% — is the highest among industrialized countries and about 50% higher than that group's 25.1% average, according to the Business Roundtable. The effective tax rate, including deductions and tax credits, is about 27%, though that's still higher than the 19.5% rate of the other nations. 

Business Roundtable Vice President Matt Miller says the official rate should be lowered to 25% to encourage companies to move and keep operations here. As much as 45% to 75% of the corporate tax burden is offset by lower U.S. wages, according to the Business Roundtable and the President's Council on Jobs and Competitiveness. 

Also, companies don't pay taxes on profits that remain overseas but do pay the difference between the foreign rate and the higher U.S. rate if they bring those earnings back to the U.S. Business officials say other developed countries impose little or no tax on earnings brought home, or repatriated, and they want the U.S. to adopt a similar policy. 

"We're competing (worldwide) to serve a common customer," says Caterpillar Chief Financial Officer Ed Rapp. "If I operate under a system that has a higher rate and I can't move that capital around the way I want to, then I'm at a competitive disadvantage." 

President Obama has proposed cutting the corporate tax rate to 28% but applying it to all income, whether repatriated or not — toughening, rather than easing, current tax rules on repatriation. He has said he wants to reward companies for locating businesses here, rather than abroad. 

Deutsche Bank, however, says that would simply encourage companies to move their headquarters overseas so they don't face any U.S. tax on foreign income. 

And Rapp says says current policy encourages a company to keep its profits overseas. 

Intel Vice President Peter Cleveland says his company keeps "billions and billions" of foreign income abroad to shield it from U.S. taxes. 

"We would invest in jobs and research" in the U.S. if tax rules were more business-friendly, he says. 

A Senate panel last year found that a law that allowed companies to repatriate income at a 5.25% effective tax rate from 2004 to 2006 led to no additional hiring. Yet Caterpillar's Rapp says that even if new rules simply allow the company to be more profitable abroad, that may prompt it to increase investment and staffing in the U.S. 

There is far from universal agreement on the issue. For example, Scott Paul, head of the Alliance for American Manufacturing, worries that cutting the rate could mean eliminating deductions, such as a tax credit that benefits manufacturers. 

• Streamline regulations. The U.S. has enacted 2,000 regulations the past 30 years that have imposed $750 million in environmental, labor and other costs on U.S. manufacturers, says Jay Timmons, CEO of the National Association of Manufacturers. Rivkin of Harvard says regulators should focus on outcomes rather than burdensome reporting and compliance requirements, shortening delays and minimizing litigation. 

• Promote a more highly skilled workforce. A Deloitte study last year found 600,000 advanced manufacturing openings and 80% of manufacturers struggling to find skilled workers. Cleveland says Intel is seeking 4,000 to 5,000 engineering and other technical workers. Businesses lament a high school and college system that has de-emphasized training for skilled jobs. 

Meanwhile, immigration law imposes annual limits on the number of workers from each country who are eligible for permanent residency. Cleveland says the cap hurts the large numbers of high-tech workers from countries such as India whose quotas are reached first. 

The policy, he says, shrinks the pool of qualified candidates, many of whom return to their home countries after graduating college, and harms existing employees who can't be promoted. "We have 2,300 people at Intel waiting in a green-card line and it's very discouraging to them," Cleveland says. 

Instead, he says, green cards should be granted on a first-come, first-served basis, benefiting the large population of workers from Asian countries. A bill that would do that was passed by the House last year but stalled in the Senate. 

Also, Wince-Smith of the competitiveness council advocates beefing up technical training in high school and community colleges and better matching classes with the needs of local employers. 

• Expand trade. Wince-Smith and Rapp say the U.S. no longer takes an active role in promoting free trade. Although Russia joined the World Trade Organization this year, Congress has not extended permanent normal trade relations status — which would eliminate costly duties and protect intellectual property — to Moscow. Legislation is bogged down, in part, in provisions addressing human-rights issues. 

"Other countries are getting the benefits," Cleveland says, noting the law would let it sharply increase semiconductor exports to Russia. 

• Make permanent the research-and-development tax credit. The credit typically is renewed annually and, though it wasn't this year, it's expected to be renewed eventually, allowing benefits to be applied to 2012 retroactively. But executives say the uncertainty each year makes it difficult to plan R&D budgets. 

"It wreaks havoc," says Cleveland, noting Intel spends about $8 billion a year on R&D. "We don't know if we're going to get it, when we're going to get it and so we don't put it to as good use as we should." 

• Improve the country's creaky infrastructure. The nation is spending about half the $2.2 trillion it should on infrastructure improvements, according to the American Society of Civil Engineers. For example, shallow seaports can't accommodate larger ships, causing delays. Rapp says Caterpillar has moved 30% of its exports to Canadian ports in recent years for faster, cheaper service. 

Paul of the Manufacturing Alliance advocates spending an additional $500 billion on upgrades over the next five years. 

Yet while sweeping proposals are broadly supported by the business community, implementing some may mean compromising on others. 

"If we can cut corporate taxes and also help education and infrastructure and all those other things, it's a good thing to do," Sirkin says. "But what are the trade-offs?"


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