Press Releases

Washington, D.C. – Today, the National Association of Manufacturers joined a coalition of other major business trade associations to file suit in the D.C. Circuit to challenge the Environmental Protection Agency’s misguided final rule lowering the National Ambient Air Quality Standards for fine particulate matter (PM2.5) to 9 micrograms per cubic meter.

The EPA finalized this provision—a 25% reduction from the current standard effective on a truncated timeline of 60 days—outside of the Clean Air Act’s normal five-year review cycle, becoming the first administration to redo a promulgated NAAQS.

“In pursuing this discretionary reconsideration rule, the EPA should have considered the tremendous costs and burdens of a lower PM2.5 standard,” said NAM Chief Legal Officer Linda Kelly. “Instead, by plowing ahead with a new standard that is vastly more restrictive than any other national standard, including that set by the EU, the agency not only departs significantly from the traditional NAAQS process, but also gravely undermines the Biden administration’s manufacturing agenda—stifling manufacturing investment, infrastructure development and job creation in communities across the country. The NAM Legal Center is filing suit to protect manufacturers’ ability to obtain permits, expand facilities and pursue long-term investment plans, and defend our country’s competitive advantage.”

Background:

• The Clean Air Act requires the EPA to review the NAAQS every five years to determine whether the PM2.5 standard should be retained or revised. The EPA’s revised standard was done in an out-of-cycle reconsideration.
• In December 2020, following a complete review of the PM NAAQS, the EPA decided to retain the PM2.5 standard of 12 micrograms per cubic meter. But in June 2021, the agency announced it would reconsider that decision.
• The NAM submitted comments urging the EPA to maintain the existing standard. The EPA recently reported that PM2.5 concentrations have declined by 42% since 2000, driven by major emissions reductions from both mobile sources and the power sector.
• Notably, the EU standard is currently 25, and a proposal there would be to reach 10 by 2030. The UK has a target of 10 by 2040.
• The EPA itself says that some 70% of particulate matter comes from nonmanufacturing sources, such as wildfires (29%), agriculture and prescribed fires (15%), crop and livestock dust (12%), unpaved road dust (10%), paved road dust (3%) and “dust” (2%).

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – The National Association of Manufacturers released its Manufacturers’ Outlook Survey for the first quarter of 2024, which reveals that the expiration of federal tax incentives related to R&D, interest deductibility and expensing for capital investments has already caused nearly 40% of respondents to pull back on hiring and investing due to increased taxes.

“Manufacturers’ concerns in this survey should provide a stark warning to both parties ahead of the State of the Union: If you want to continue America’s manufacturing resurgence, focus on constructive policies to strengthen our industry—reinstating key tax provisions, achieving immigration solutions and advancing permitting reform. But if President Biden wants to put his manufacturing legacy at risk, nothing will do that faster than raising taxes on manufacturers or continuing this regulatory onslaught,” said NAM President and CEO Jay Timmons.

The latest data show that two-thirds (65.5%) of manufacturers said that rules coming from the Biden administration will be costly to implement. Additionally, amid the regulatory onslaught, concern about the overall business climate was elevated and not far from levels last seen at the end of 2016.

“President Biden and Sen. Britt will opine on their parties’ respective priorities, many of which manufacturers share. But actions speak louder than words. Congressional inaction and the stream of senseless regulations from the EPA and elsewhere are creating greater uncertainty for businesses, which hurts manufacturers’ ability to create jobs and raise wages. All of this is undermining manufacturers’ confidence and has the potential to drive investment away from the United States,” added Timmons. “Our commitment is to work with anyone who will put policy—policy that supports people—ahead of politics, personality or process.”

Overall, 68.7% of respondents felt either somewhat or very positive about their company’s outlook, edging up slightly from 66.2% in the fourth quarter. It was the sixth straight reading below the historical average of 74.8%.

Key Survey Findings:

• Nearly 94% of respondents say that it is important for the federal tax code to help reduce manufacturers’ costs for conducting R&D, accessing capital via business loans and investing in capital equipment purchases, with 58% saying that it is very important.
• The majority of respondents (72.4%) said that the length and complexity of the current permitting reform process affects their investment decisions in various degrees, with 38.9% suggesting that they were extremely or moderately impacted. In survey responses throughout 2023, manufacturers stated that reform to the current system could allow them to hire more workers, expand their business and increase wages and benefits.
• More than 65% of manufacturers cited the inability to attract and retain employees as their top primary challenge.
• An unfavorable business climate (58.9%), rising health care and insurance costs (58.2%) and weaker domestic economy and sales for manufactured products (53.2%) are also impacting manufacturing optimism.

You can learn more at the NAM’s online tax action center here.

The NAM releases these results to the public each quarter. Further information on the survey is available here.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Following the completion of the 13th World Trade Organization ministerial meeting in Abu Dhabi, at which WTO members chose not to expand the agreement on the Trade-Related Aspects of Intellectual Property Rights waiver to include diagnostics and therapeutics, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“Global leaders at the WTO heard manufacturers’ stark warnings that an expansion of the TRIPS waiver would have endangered manufacturers’ fundamental ability to fight global crises, including COVID-19. Granting this waiver also would have emboldened our global competitors, chipped away at American innovation and jeopardized our ability to fight future diseases. After years of NAM advocacy, this decision represents a major victory for manufacturers—particularly those hard at work developing lifesaving cures and treatments. We appreciate President Biden and Ambassador Tai’s leadership to secure this outcome.”

The NAM led advocacy efforts to alert policymakers to the danger of an expanded TRIPS waiver, weighing in directly with the Biden administration, members of Congress, foreign governments and business organizations and urging Washington to stand with manufacturers. Timmons also took this message directly to WTO Director-General Ngozi Okonjo-Iweala during a March 2023 meeting in Geneva, Switzerland.

“Another welcome action was WTO members’ decision to expand the moratorium on e-commerce tariffs,” Timmons added. “The e-commerce moratorium has enabled the digital economy to flourish, and the NAM urges U.S. trade officials to push for permanently instituting the moratorium at the WTO, so that this critical element of digital commerce doesn’t come with an expiration date.”

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Phoenix, AZ. In advance of the White House meeting with President Biden and congressional leadership, National Association of Manufacturers President and CEO Jay Timmons, NAM Board Chair and Johnson & Johnson Executive Vice President and Chief Technical Operations & Risk Officer Kathy Wengel and NAM Board Vice Chair and Rockwell Automation Chairman and CEO Blake Moret released the following joint statement:

“For the strength of our democracy here at home and the protection of democracy around the world, manufacturers are calling on Congress and President Biden to act swiftly to keep the government open, pass pro-growth tax provisions, secure our border and approve urgently needed aid for Ukraine.

“Two years ago, the NAM Board unanimously passed a resolution ‘stand[ing] with the people of Ukraine in their fight to preserve freedom and independence.’ Last year, President Volodymyr Zelenskyy spoke to the NAM Board of Directors in an address to the American business community, where he underscored that ‘democracy is stronger than tyranny’ and reminded us of the importance of standing firm for our shared values.

“With time running short, manufacturers are looking to our leaders to act. They can address all of these priorities. In fact, they must address them all—for the future of our industry, the security of our country and the defense of democracy.”

Timmons echoed this message in remarks to the NAM Board this afternoon.

BACKGROUND:

On March 8, 2022, the NAM Board of Directors passed a resolution “stand[ing] with the people of Ukraine in their fight to preserve freedom and independence” and “reaffirm[ing] the commitment of this association and our industry to sustaining and safeguarding democracy and democratic institutions not only here at home, but also abroad.”

On Jan. 24, 2023, the NAM and the Ukrainian League of Industrialists and Entrepreneurs signed a Memorandum of Understanding to formalize manufacturers’ commitment to supporting Ukraine, and the NAM and its member companies participated in a “Rebuilding Ukraine” roundtable with Ukrainian manufacturers and senior Ukrainian government officials.

Then, in March 2023, the NAM traveled to Belgium, France, Germany, Poland, Switzerland and the United Kingdom for a series of meetings with international officials, government ministers, ambassadors, business association leaders and NAM member companies to strengthen alliances and underscore at every opportunity our support for Ukraine and democracy more generally.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. Today, the National Association of Manufacturers President and CEO Jay Timmons delivered the 2024 State of Manufacturing Address from RCO Engineering, Roseville, Michigan.

Remarks Prepared for Delivery:

Good morning! Thank you to everyone across the country for joining us.

We’re here at the facilities of RCO Engineering, in Macomb County, Michigan.

Like John [Walsh] said, you’re part of a tradition today. Every year, we travel the country to deliver the NAM’s State of Manufacturing Address.

We reflect on everything manufacturers are accomplishing, all the good we’re doing for the world—and how we’re driving the American economy forward.

Manufacturing represents more than 10% of the U.S. economy, or $2.9 trillion, and 16% of the economy here in Michigan. But manufacturing’s impact on our country and on the world is incalculable.

Think about all you have accomplished—and all that our diverse industry has accomplished this past year.

• From deploying cutting-edge digital technologies in factories and plants…
• …to developing treatments that slow the progression of debilitating illnesses like Alzheimer’s…
• …and strengthening our supply chains closer to home.

Next-generation electric vehicles, for example, will be powered by inputs like the industrial batteries that will be built at UL’s Advanced Battery Laboratory, which broke ground last year here in Michigan.

That’s just a small sample of accomplishments worth celebrating.

At the heart of our achievements are incredible manufacturing teams—like RCO Engineering.

You celebrated your 50th anniversary last year. Your company has had an amazing story, growing and adapting with the times, broadening your capabilities to include aerospace design.

Resilience, adaptability, constantly refining and strengthening the commitment to the communities you serve—that’s why manufacturers in the U.S. are the best in the business.

***

You know, I caught a headline recently that read, “U.S. Winning World Economic War.”

The point was this: Our economy “grew faster than any other large, advanced economy last year—by a wide margin—and is on track to do so again in 2024.”

Now, it doesn’t always feel like we’re winning. But, the numbers show we are in many ways. And why are we winning? Well, that’s easy. You. You. Manufacturers in America.

The state of the manufacturing industry depends on the people in it. And we are now 13 million strong—the largest in more than 15 years.

If we can continue on this trajectory, this resurgence, imagine what the state of manufacturing might look like in 2030—at the end of the decade.

Artificial intelligence may unlock new superpowers for American workers. We might reach a point where no other country can keep up with our productivity or the pace of innovation. Manufacturing investment could flock to our shores even faster.

But, here’s the important part: That’s not guaranteed.

In the past few weeks, Washington, D.C., has made a few good decisions, but it has also made some major unforced errors. Leaders in both parties are on the verge of making more. That’s part of the reason that only 66% of manufacturers right now have a positive outlook for their companies.

So that economic “war” we’re winning? We could see the tide turn.

We will head in the wrong direction…

…if Congress lets taxes go up on small businesses when rates expire next year…

…or if they hit you with even more regulations—regulations even harsher than ones they have in Europe…

…or if they fail to solve the immigration crisis because they put politics over good policy…

…or if they choose trade barriers rather than trade agreements…

…or if they abandon our allies overseas and put our national security at risk.

Yes, there are reasons to be optimistic, but there are big decisions we have to get right if we want to achieve our full potential.

That … that is why I can report that the state of manufacturing in America today remains strong and resilient but under threat.

This is an election year, and your voices need to be heard clearly.

But we’re not here to endorse a candidate. No. We are here to hold all candidates and leaders accountable. Because it takes leadership from both parties to ensure manufacturers have the optimal conditions to thrive.

The industry’s growth has gotten a boost from transformative decisions across many presidential administrations:

• Trade agreements under Presidents Bush and Obama that let us sell more American products overseas
• Historic tax reform and regulatory certainty under the Trump administration
• And the landmark infrastructure bill, the CHIPS and Science Act and more under the current administration

That’s the kind of leadership we want.

In his State of the Union Address next month, President Biden will probably take some credit for what manufacturers have achieved. That’s fair.

I know he deeply cares about manufacturing. As he often says on the road, “This nation used to lead the world in manufacturing, and we’re going to do it again.”

But what he won’t tell you is that his federal agencies are, at this very moment, working to undermine his manufacturing legacy—those agencies are undermining your success.

In fact, just two weeks ago, they announced one big regulation that could wipe out up to 1 million jobs.

It’s referred to as National Ambient Air Quality Standards or PM 2.5. It’s not the name that matters. It’s the consequences. It’s stricter than rules they have even in Europe. And in vast portions of the country, we will barely be able to build new manufacturing facilities as a result.

Michigan would be one of the states hit hardest. And if new manufacturing investments dry up, that spills over to the rest of the state economy.

It affects the family trying to sell their home, the teacher hoping for new investments in schools, the students looking for job opportunities here in the state.

And to what end? You cannot solve the world’s environmental challenges by driving manufacturing investment away from the United States to countries with lower standards.

The Biden administration also won’t solve climate change by pausing approvals of exports of American liquified natural gas, which they announced they would do last month.

Instead, they are forcing our allies, like Europe and Japan, to buy dirtier energy from countries we can’t trust, potentially enriching the likes of Russia. Russian natural gas, by the way, has substantially more emissions potential than the liquified natural gas we produce in the U.S. So, we’re also making it harder to achieve our climate goals. And it undercuts our most basic national security objectives.

Can we agree that makes no sense?

Look, the regulatory onslaught is real. It’s a hidden tax. The average American may not feel it yet. But if there isn’t a course correction, they will.

So here’s our message to federal agencies: Stop the onslaught. Work with manufacturers so that regulations are sensible.

And here’s our message on taxes: No new taxes on manufacturers in America.

Remember the 2017 tax reforms? They were rocket fuel for our industry. We kept our promises to raise wages, hire workers and invest in our communities. We would not be outpacing other countries without them.

But many of the competitive rates and the pro-growth deductions we won in 2017 are expiring in 2025. Some already have.

Can we agree that it is economic malpractice to let taxes go up on innovators and on America’s small businesses? Why should you have to work even harder to compete with China?

One of our member companies shared with us the difference tax policy makes. Valley Forge & Bolt is a small, Arizona–based manufacturer of machine parts. We’ll be with them tomorrow, in fact.

After the 2017 tax cuts, the company hired more employees, expanded benefits, replaced aging equipment and invested in technologies that improve productivity. The result? The company had the best sales year in its history. But, as they warned us, if the government raises taxes, there will be tradeoffs.

So the path is clear: no new taxes on manufacturers. And while we’re at it, Congress should bring back some of the tax policies that made it easier for manufacturers to invest in the future.

Right now, our entire industry is waiting on the U.S. Senate to pass a bipartisan tax bill that restores expired or phasing-out tax incentives for investments in R&D, new facilities and equipment.

These provisions, especially on R&D, have been a force multiplier for you here at RCO. It’s just common sense that the tax code should encourage these kinds of investments.

Common sense. We know that’s in short supply in D.C. And where is that most obvious? Immigration policy.

Can we all agree that what’s happening at the border is unacceptable?

And can’t we all agree that legal immigration is a net positive for our economy and our country?

And if we can agree on that, then shouldn’t we be able to support a bipartisan border security and national security bill—one supported by the border patrol union for that matter?

We didn’t like every piece of that Senate bill either. But here was my test: Does it make us more secure than we are today? Yes. Does it make our workforce stronger than it is today? Yes. And does it help our allies overseas? Yes.

I don’t care if you’re a Democratic or Republican member of Congress: If your answer is do nothing—on immigration or on national security—then you need to explain to the overwhelmed border communities why you are not sending help.

You need to explain to manufacturers with more than 600,000 open jobs why you won’t improve the visa program so they can find talent to fill more of those positions.

And, you need to explain your decision to Ukrainian soldiers, who left their families for two years to fight on the front lines against our adversary—against a country that is working every day to see the U.S. fail. You need to tell them why the land of the free should abandon the brave people defending democracy.

I have to tell you, I am flat out of patience, and I know you are too. I’m sick of the games, and the shifting goal posts, and the “leaders” who don’t respect you enough to give you a straight answer from the start.

So, here’s what we’re going to do. From now through the election—and then every day after that—we’re going to hold our leaders accountable.

You want to support manufacturing? Here’s our roadmap. It’s called “Competing to Win.”

It’s common sense. It’s consistent. It will make manufacturers in the U.S. even more globally competitive. And we will make sure policymakers know about this agenda and what’s at stake.

And they need to hear that from you—at town halls, at chance meetings, on social media.

Here in Michigan, you will be in the spotlight this election season, so grab the microphone.

Ask them, where are the trade deals we need?

Will they commit on the spot not to raise taxes on manufacturers in America?

Can they get to “yes” on an immigration solution?

Will they support the growth and upskilling of the manufacturing workforce?

Our commitment is to work with anyone, and I truly mean anyone, who will put policy—policy that supports people—ahead of politics, personality or process.

We will stand with you if you stand with us in advancing the values that have made America exceptional and keep manufacturing strong.

Free enterprise.

Competitiveness.

Individual liberty.

Equal opportunity.

Because here’s what I know: Manufacturers are building an incredible future for our country and our world.

The world needs us. The world needs you. Manufacturing teams like you make life better for everyone.

That’s our job, and we’re going to do it no matter how one election turns out.

People are counting on us, and Washington should either get on board or get out of our way.

We see beyond the horizon, so we refuse to let short-term thinking take us down the wrong path.

We are standing at a crossroads. We know the right path, and we’re going to lead the way.

Thank you so much for your welcome—and for your leadership.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. Today, the National Association of Manufacturers kicked off its 2024 Competing to Win Tour in South Carolina. NAM President and CEO Jay Timmons and NAM Board Chair and Johnson & Johnson Executive Vice President and Chief Technical Operations & Risk Officer Kathy Wengel visited Milliken & Company and Springs Creative Products Group to hear from team members on the shop floor on the issues impacting their businesses.

“Manufacturers are fueling the U.S. economy and driving innovation to create a better future for everyone. We’re here in South Carolina to showcase the people and stories behind our industry, and to translate their perspectives into action that will make our industry and country stronger. Building these strong relationships beyond Washington, D.C., in the cities and states driving our sector deepens our understanding of regional challenges and reinforces the NAM as the leading voice representing all manufacturers, large and small,” said Wengel.

Tomorrow, Timmons will deliver the 2024 NAM State of Manufacturing Address, in which he will provide the industry’s assessment of manufacturing in the United States, as candidates from all sides work to claim the manufacturing vote in the 2024 election.

“For more than a decade, the annual NAM State of Manufacturing Address has focused the nation’s attention on the industry that is the backbone of the American economy, and we are on this tour to hear from the people making decisions on how to grow their businesses every day. Lawmakers from all parties want to claim they stand with manufacturers, but we judge them not by their words but by their deeds. So manufacturers across America have a message for Washington: we are here to hold all candidates and leaders accountable. It takes leadership from both parties to ensure manufacturers have the conditions to thrive and invest in communities across the country. If they fail to act, they will fail the 13 million people who make things in America,” said Timmons.

Timmons will also highlight the challenges facing manufacturers in America and the urgent need to enact a competitiveness agenda that addresses pressing issues, including the looming tax hikes on small manufacturers, the need to expand trading opportunities, the regulatory onslaught from federal agencies, the failure of Congress to address immigration reform and the threats to our energy security and supply chains.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Following the decision by the Environmental Protection Agency to lower the National Ambient Air Quality Standards for fine particulate matter (PM2.5) to 9 micrograms per cubic meter, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“The Biden administration’s new PM2.5 standard takes direct aim at manufacturing investment and job creation, in direct contradiction to the president’s stated goal of strengthening manufacturing in communities all across America.

“The new standard of 9 and the EPA’s paltry 60-day implementation window will guarantee projects currently under permitting review will have to comply with this onerous decision, making an already gridlocked permitting system further gridlocked.

“Manufacturers in America will also be hard pressed to make long-term investment plans domestically as our global competitors have set more reasonable goals. The EU standard is currently 25, and a proposal there would be to reach 10 by 2030. The UK has a target of 10 by 2040.

“Governors and mayors will now have to make difficult decisions under this untenable standard. New manufacturing investments envisioned by the CHIPS and Science Act, the Bipartisan Infrastructure Law and the energy provisions of the Inflation Reduction Act will be subject to these new requirements. This revised standard will force some communities to choose which—if any—investments can proceed without running afoul of the EPA’s decree.

“By implementing such a radical standard here, our country is ceding our competitive advantage with an unforced error. All of these choices could have been avoided with a more sensible standard and a longer implementation runway.

“The EPA itself says that some 70% of particulate matter comes from nonmanufacturing sources, such as wildfires (29%), agriculture and prescribed fires (15%), crop and livestock dust (12%), unpaved road dust (10%), paved road dust (3%) and “dust” (2%). Before forcing actions that will curtail manufacturing investment and infrastructure development, the federal government should first determine how to deal with what is occurring naturally.

“To be sure, manufacturers proudly stood up for funding in the Bipartisan Infrastructure Law, CHIPS and Science Act investments and many of the policy provisions outlined in the IRA. But there is no doubt that our country will be unable to realize the benefits of these legislative accomplishments with this new rule in place. As counties and cities find themselves in nonattainment, this grave mistake will drive investment away from the United States, derail permitting and weaken the economy for all.

“The U.S. already has some of the strictest air standards in the world, and thanks to manufacturers’ innovation and leadership, some of the cleanest air and best environmental records. Manufacturers will consider all options to reverse this harmful and unnecessary standard, because it is our duty to stand against policies that hold our country back.”

Background:

Per the EPA: Nonattainment is any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for NAAQS.

The EPA recently reported that PM2.5 concentrations have declined by 42% since 2000, driven by major emissions reductions from both mobile sources and the power sector. As a result, America’s air is cleaner than ever.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Following the National Association of Manufacturers’ submission of comments opposing the Biden administration’s proposal that would allow the government to march in and seize the rights to groundbreaking innovations developed by manufacturers, NAM Vice President of Domestic Policy Charles Crain released the following statement:

“Undermining America’s world-leading patent system is a recipe for reduced innovation and significant economic damage, with a disproportionate impact on small manufacturers. The administration’s march-in proposal would raise the spectre of government price controls on a wide range of technologies—fundamentally reshaping how life-changing innovation is developed, financed and commercialized in the United States. The administration must affirmatively and unequivocally withdraw this radical and flawed proposal.”

The NAM’s comments on the proposal are available here. Key excerpts from the comments are below:

• The proposal contemplates an expansion of the Bayh-Dole Act’s march-in provision, which has never previously been used during the 44 years since the law’s enactment. This unlawful expansion of a 44-year-old statutory provision would prompt the government to exercise march-in rights to force patent licenses to private-sector inventions that are derived at least in part from federal funding. This price control measure would impact innovative companies of all kinds across the manufacturing sector.
• Undermining manufacturers’ IP rights would have sweeping ramifications for innovation in the United States and America’s world-leading innovation economy. In particular, start-ups and small businesses would bear the brunt of the drastic changes proposed by the administration, as the spectre of government march-in would disincentivize early-stage entrepreneurship and dissuade much-needed capital formation from outside investors.
• If the administration moves forward with the proposal, the unprecedented expansion and use of the Bayh-Dole Act’s march-in provision would impede R&D, investment and the commercialization of innovative technologies. It would cause significant market uncertainty as to current and future patent licenses that are derived in any part from federal funds—directly contradicting the intent and purpose of Bayh-Dole. And it would hinder industry collaborations with research universities and laboratories across the country, stymieing manufacturers’ efforts to develop the products and technologies of the future and bring them to the public.
• Courts have found that an agency violates the major questions doctrine on matters of significant economic importance when the agency cannot “point to clear congressional authorization for the power it claims.” The government’s ability to seize private-sector IP is undoubtedly a topic of vast economic and political significance; as discussed, America’s robust patent system lies at the heart of the innovation economy in the United States—and the proposal would threaten the financing of that innovation ecosystem and the economic viability of many of its key participants (including start-ups, entrepreneurs, small and medium-sized businesses, universities and more). The effects of the proposal would be felt in every state and every congressional district. Yet, the proposal cannot point to “clear congressional authorization” for including a price consideration in the government’s march-in analysis because it does not exist; as explained above, price is wholly absent from the Bayh-Dole Act’s text. More broadly, the act was enacted to support public–private partnerships and bolster the innovation economy in the United States—yet, the proposal would undermine and endanger American innovation. It is unlikely that Congress, in passing the Bayh-Dole Act, “could reasonably be understood to have granted” the administration the power to vitiate the primary goal of the act itself.
• The NAM respectfully encourages the administration to provide certainty to manufacturers and other stakeholders in the innovation economy by affirmatively and unequivocally withdrawing the proposal and making clear that the administration will not implement any of its recommendations. Abandoning and disclaiming the proposal’s attempts to impose price controls and undermine the Bayh-Dole Act will ensure that manufacturers in the United States can continue to lead the world in R&D and innovation—and continue to create and support well-paying jobs vital to the success of the U.S. economy.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Following the Senate introduction of the Border Act of 2024, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“For years, manufacturers have called on Congress to fix our broken immigration system, and the need for a solution at the border has only grown more urgent. This bill is neither perfect nor comprehensive, but it is important to take steps to address immigration reform and border security consistent with our plan, ‘A Way Forward.’

“Manufacturers believe the Senate’s legislation clears some critical tests: Does it make us more secure than we are today by tackling the border crisis? Yes. Does it address our ongoing worker shortage through strengthening the visa program? Yes. And does it protect democracy by supporting our allies overseas? Yes.

“Anytime Congress shows progress on sensible policy, it is a positive development for our country. The bipartisan group of Senate leaders deserves great credit for forging a plan on one of the most complicated issues facing our nation, and we appreciate the leadership’s support for this critical work.

“The NAM will work with both chambers and the administration to enact meaningful change on the critical issues of immigration and border security.”

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Following House passage of the Tax Relief for American Families and Workers Act of 2024, National Association of Manufacturers President and CEO Jay Timmons and Ketchie President and Owner and NAM Small and Medium Manufacturers Group Chair Courtney Silver released the following statement:

“Manufacturers thank Speaker Johnson and Chairman Smith for their leadership in passing the Tax Relief for American Families and Workers Act—and the bipartisan work in the House and Senate to secure progress for America’s manufacturing workers,” said Timmons.

“Manufacturers are now counting on the Senate to act quickly to restore these provisions that are absolutely critical to strengthening America’s competitiveness and growth of manufacturing in America,” Timmons added. “We cannot afford to wait. The cost of delay or inaction will be measured in lost jobs and slower wage growth, along with investment ceded to other countries. Passing this legislation, however, will ensure that small manufacturers, who are the backbone of communities and foundation of America’s supply chain, can continue driving our nation forward.”

“When key tax provisions expired, it wasn’t just businesses like Ketchie that felt the pinch—it was our ability to support and create jobs that took a hit,” said Silver. “I thank Speaker Johnson and Chairman Smith for their efforts to ensure passage of the Tax Relief for American Families and Workers Act. This isn’t just about numbers on financial statements; it’s about taking care of people who make things in America and work at small manufacturing companies across our country.”

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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.