Bill to Address Skills Training is Stalled in Senate

March 4th, 2014

In the past 15 years, the manufacturing industry has evolved from needing low-skilled production-type assembly workers to being highly technology-infused. It’s no secret that manufacturing companies are now struggling to fill the gap for workers trained with the specific skills needed for today’s advanced manufacturing jobs.

To address this problem and provide training that the youth and the unemployed need to secure jobs, the House passed the Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act (H.R. 803) in March 2013, which was authored by Higher Education and Workforce Training subcommittee chair Virginia Foxx (R-NC). The SKILLS Act would revise and reauthorize job training, employment service, adult education and literacy, and rehabilitation programs currently provided under the Workforce Investment Act (WIA), which has not been reauthorized since its enactment, and is now nearly a decade overdue for reauthorization. The Skills Act would eliminate 35 existing programs and consolidate funding into a single Workforce Investment Fund.

Several governors and workforce training leaders praised the bill:  New Jersey Governor Chris Christie stated, “By streamlining federal workforce training programs, the SKILLS Act would reduce the administrative burden that current law places on the states. It also provides states with the needed flexibility to tailor job training programs, acknowledging that the needs of New Jersey are surely different than those of other states.”

Pennsylvania Governor Tom Corbett stated, “The SKILLS Act restores 15% state set-aside funding to support innovative strategies statewide and locally…In addition to providing flexibility and encouraging innovation, the restored state set-aside also supports the needs of our most vulnerable citizens.”

Florida Governor Rick Scott stated, “H.R. 803 proposes a market-driven approach to talent development designed to prepare individuals seeking employment for the jobs of today – and the jobs of tomorrow…Increasing the business representation on state and local boards improves our alignment with market needs.”

Dr. R. Scott Ralls, president of the North Carolina Community College System, noted that it is “important that reauthorization of the Workforce Investment Act streamlines programs, limits administrative overhead, and enables state and local flexibility to design systems that meet the legislative goals in the most effective and efficient manner. Simplifying the system and moving past the myriad of multiple program titles and funding streams is a fundamental step.”

 Todd Gustafson, executive director of Michigan Works—Berrien-Cass-Van Buren, noted, “Eliminating the 19 federal mandates on representation will further strengthen business engagement. Requiring two-thirds of board members to be employers will enhance the shift from a supply side designed system to a demand or market driven system.”

The Senate version of this bill is S. 1356, the Workforce Investment Act of 2013, and on December 19, 2013, a Motion to proceed to consideration of the measure was made in the Senate.

During an executive session in the Senate Committee on Health, Education, Labor and Pensions in August 2013, Senator Tom Harkin of Iowa delivered the following statement on S.1356, (quoted in part): “It requires states to develop and submit one unified plan to the Secretary of Education and the Secretary of Labor, covering all of the programs authorized under WIA – job training, adult education, employment services, and vocational rehabilitation – streamlining administrative processes at the state level in a thoughtful way. It eliminates several unfunded programs and provides for an innovation fund that will help the system to identify and replicate the most effective strategies for workforce development. It also includes provisions to support better data and evaluations that can be used across all core programs, including common definitions and performance indicators.”

If the Senate passes S. 1356, the measure would then move to conference, a process by which the House and Senate each appoint “conferees” to reconcile the differences between the two pieces of legislation in an effort to produce a version that could gain enough support for passage in both chambers.

According to the Congressional Budget Office, the programs covered by these bills are currently overseen by the Departments of Labor and Education and provide grants to state and local governments as well as to private and nonprofit organizations to provide specified services. Those programs received discretionary funding of $5.5 billion and mandatory funding of $3.1 billion in 2013.

The National Skills Coalition has prepared a side-by-side comparison report on the occupational training and adult education and family literacy provisions1 in the House and Senate Workforce Investment Act (WIA) reauthorization proposals with current law. The 41-page report goes into considerable detail in comparing the current law with the Skills Act and S. 1356.

One of the differences between the House Skills Act and the proposed Senate bill is the composition of the membership of the State Board. Under current law, the membership is composed of:

  • Governor
  • Two members of each chamber of the state legislature, and
  • Representatives appointed by the governor, including: Business representatives, Chief elected officials (representing both cities and counties where appropriate),Labor representatives, and Youth organization representatives

Representatives of individuals and organizations with experience and expertise in the delivery of workforce investment activities including chief executive officers of community colleges and community based organizations, lead state officials of mandatory partner agencies, and other representatives and state agency officials that the governor may designate.

In contrast, the Skills Act requires thattwo-thirds of board members be representatives of the business community”  and “eliminates requirement that local board include representatives from local educational entities, labor organizations, community-based organizations, economic development agencies, and one-stop partners.” It maintains “the governor, chief elected officials, a state agency official responsible for economic development and other such representatives as the governor should designate to serve on the board.”

The Senate bill, however, revises current law for State Board membership as follows: majority of representatives must be employers or representatives of business or trade associations; at least 20 percent must be representatives of labor and CBOs or youth serving organizations, and adds representatives of a joint labor-management program or apprenticeship program as a required partner.

Judy Lawton, CEO of The Lawton Group, past president of the San Diego Workforce Investment Board and current Chair of the Adult Programs Committee, provided me with the following comments regarding the Skills Act: “The San Diego Workforce Partnership completed their Five (5) Year Plan more than a year ago and rolled it out to the public shortly thereafter. It is very comprehensive, well thought out, and definitely streamlines practices and procedures and strategic thinking along the lines of programs and program delivery methods. At our last Adult Programs Committee meeting, we recommended apprenticeship programs to the full Workforce Investment Board through the collaborative efforts of local Union leaders, business leaders, educators, and skills trainers. As for the Boards being comprised of 2/3rd business people, I’m not so sure. The WIB is already mandated by law to have 51% business and that community is well represented. The Unions belong at the table as they are becoming more involved with the necessary apprenticeship programs, and their presence is welcomed.”

The current law requires a unified state plan that is based on a five-year strategy, while the Skills Act requires a three-year plan, and the Senate bill requires a four-year plan.

Both the Skills Act and the Senate bill maintain the current law with regard to the establishment of the One-Stop Delivery System for services and the delivery of services, but have different plans than the current law for infrastructure funding.

A major difference of the Skills Act compared to current law and the Senate bill is that it repeals the Youth Activities section of the current Workforce Investment Act. It also repeals:

  • Native American programs
  • Migrant and seasonal farm worker programs
  • Veterans’ workforce investment programs
  • Youth opportunity grant program

The National Skills Coalition sent a four-page letter on March 4, 2013 to the Committee on Education and the Workforce Committee of the House of Representatives expressing their grave concerns about eliminating the above programs and explained their additional reasons for opposing the passage of the SKILLS Act. The other reasons for their opposition are too complex for me to attempt to summarize. As usual, the “devil is in the details,” so I highly recommend that readers check out the links to the report and letter that are herein provided.

 San Diego Workforce Partnership President Peter Callstrom provided me with the following word of caution:  “The Workforce Investment Act (WIA) is long overdue for reauthorization. There are competing visions with respect to how to best go forward: reauthorize as is, or reconstruct through the ‘Skills Act’ – or some combination of both. The WIA works well and thousands of individuals have, and continue to be, supported in their careers. Where, and how, we go from here is important. In the end, we all want local control in order to address our unique needs. As the local Workforce Investment Board (WIB), we welcome any solution that results in more resources for Our region led by Our residents to support Our workforce. Let’s hope that politics doesn’t get in the way of that.”

Well said, Peter.

 

Why Manufacturing is Critical to California’s Economy

February 25th, 2014

For every one job created in manufacturing, at least two to three jobs are created to support the sector. Further, manufacturing firms create regional wealth by producing a product that is exported to other states and countries. This attracts additional funds to the region — creating business, individual and community wealth. Because of this ripple effect, manufacturing firms have a deeper impact on the state of the economy than most other industries.

California is the number one state for manufacturing jobs, firms and output – accounting for 11.7 percent of the total U. S. output, and employing 9 percent of the U. S. manufacturing workforce. California manufacturing generates $229.9 billion, more than any other state. Manufacturing is California’s most export-intensive activity contributing significantly to California’s $159 billion in exports in 2011. Overall, manufacturing exports represent 9.4% ($120 billion in goods) of California’s GDP, and computers and electronic products constitute 29.3% of the state’s total manufacturing exports. More than one-fifth (21.9%) of all manufacturing workers in California directly depend on exports for their jobs.

Since January 2001, the manufacturing sector lost 33% of its job base, down from 1.86 million jobs in 2001 to 1.237 million jobs in 2019. In 2010, the manufacturing sector began adding employment, regaining 7,900 jobs. California exports have also increased — up from $104 billion of manufactured goods in 2009 to $124 billion in 2010.

A 2011 report by the Center for Applied Competitive Technologies (CACT) at El Camino College and the Center Of Excellence (COE) of the Los Rios Community College District identified the following 17 cluster industries in California:

  •  Aerospace Manufacturing
  • Biotechnology, Medical Devices, & Pharmaceutical Manufacturing
  • Building Materials Manufacturing
  • Chemical Manufacturing
  • Computers/Electronics Manufacturing
  • Dental Equipment, Supplies & Laboratories Manufacturing
  • Fashion/Clothing Manufacturing
  • Furniture Manufacturing
  • Household Products Manufacturing
  • Machinery Manufacturing
  • Metals Manufacturing
  • Paper Products Manufacturing
  • Petroleum Manufacturing
  • Plastic Products Manufacturing
  • Printing and Publishing
  • Transportation Manufacturing

 The report states, “With the exception of food manufacturing, biotechnology, dental equipment, and petroleum, nearly every manufacturing cluster in California has shed jobs over the last five years [2006-2011.] Building materials lost the most jobs with a decline of 32%, followed by printing (22%), and computers/electronics (10%).”

Challenges

The report states that the “manufacturing sector must address a variety of challenges, from navigating a complex regulatory environment to developing strategies to compete with low cost economics. There are a number of factors that have inhibited the manufacturing sector’s ability to compete locally and internationally.” Some of these challenges are:

  • California’s regulatory climate is difficult, expensive and time consuming to navigate
  • Higher health care expenditures compared to countries where health care is paid for by general tax revenues
  • Higher salaries and other benefits, such as paid leave, insurance, and retirement plans
  • Higher costs associated with litigation claims
  • Higher costs associated with environmental compliance;
  • Higher corporate tax rates than most other countries (the United States’ tax rate is 40%, the second highest tax rate among major trading partners.)

Opportunities

Competition from low-cost economies, such as China, India, Singapore, South Korea, Thailand, and Vietnam, is one of the major challenges faced by the manufacturing sector. However, the total cost of outsourcing to other countries is often miscalculated. According to the Reshore Initiative, the true cost of manufacturing outside of the United States does not include costs associated with:

  •  National policy issues (trade negotiations, etc.)
  • Changes in currency exchange rates
  • Intellectual Property theft
  • Supply chain disruptions
  • Lengthy delivery times
  • Traveling to the manufacturing site to assess and resolving production issues

Further, in the last few years many countries have started to raise their prices to adjust for increases in wages and higher transportation/fuel expenses. By examining the total cost of outsourcing, the Reshore Initiative argues that hiring local production firms is just as price sensitive as hiring firms from low-cost economies. Also, there are several benefits to working local, such as:

  •  Improved quality and consistency of inputs
  • Ability to create just-in-time operations that reduce inventory and shipping costs and improve business-to-business relations
  • Intellectual property security
  • Faster delivery to customers

As this viewpoint has gained popularity, it has started to shift production back to the United States, creating jobs and wealth in the process. By 2013, the Reshoring Initiative estimated that about 80,000 jobs returned to the United States through reshoring, about 15% of the nationwide increase of 526,000 manufacturing jobs since 2010.

If you are in the southern California region, you can find out more about how we can help the manufacturing industry thrive in California by attending the “Manufacturing in the Golden State – Making California Thrive” economic summit on Wednesday, March 19, 2014, 9:30 AM – 1:30 PM.

This leadership summit will explore how to grow manufacturing jobs and businesses in California. National experts and local business owners will present the best solutions to help craft a successful growth strategy. 

Where:  Brea Community Center, 1 Civic Center Circle, Brea, CA 92821

Keynote Speaker:   Dan DiMicco, Chairman Emeritus, Nucor Steel Corporation

Speakers/Topics:

* Dr. Greg Autry – Senior Economist, Coalition for a Prosperous America; Adjunct Professor of Entrepreneurship, Marshall School of Business, University of Southern California (Trade Reform)
* Pat Choate – Economist; Author, “Saving Capitalism: Keeping America Strong” (Manufacturing Strategy)
* Mike Dolan – Legislative Representative, International Brotherhood of Teamsters (Currency Manipulation) (invited)
* Michael Stumo – CEO, Coalition for a Prosperous America (Tax Reform)

Panel of local business leaders (partial listing):

* Michele Nash-Hoff – Chair, Coalition for a Prosperous America CA Chapter; President, ElectroFab Sales (Overview of California Manufacturing)

*Dana Mitchell, Advanced Mold Technology Inc.
* Nick Ventura – Co Founder, Venley by Youth Monument

Presented by:  Senator Mark Wyland, in partnership with the Coalition for a Prosperous America and other regional businesses and associations.

Cost: Early Bird Rate $25 through March 5, 2014; $35 thereafter (Includes light breakfast and full lunch)

 Sponsors:

City of Brea

ATE Corporation (ATEC)

California Manufacturing Technology Consulting

Industrial Metal Supply Company

Event partners
APICS – Orange County Chapter

Brea Chamber of Commerce

Corona Chamber of Commerce
Cypress Chamber of Commerce

Fountain Valley Chamber of Commerce

Fullerton Chamber of Commerce
Garden Grove Chamber of Commerce
Global Innovative Systems

La Habra Chamber
PlanetTogether

Orange County Hispanic Chamber of Commerce
Orange County SBDC
Riverside County Manufacturers & Exporters Association
West Orange County Regional Chamber
Yorba Linda Chamber of Commerce

Register today for this important event.

For more information, or if you are unable to pay online, contact Sara Haimowitz (202-688-5145, sara@prosperousamerica.org).

Also: click here to find out about becoming an event sponsor!

Thanks,

Michele Nash-Hoff, Chair
California Chapter of the Coalition for a Prosperous America

 

The Innovation Act Would Squash American Innovation

February 11th, 2014

Sometimes well-meaning legislation is passed that has unintended consequences that are harmful. This is the case for the Innovation Act, H.R. 3309, passed by a 325 – 91 vote in the House of Representatives on December 5, 2013, The next step is consideration by the U.S. Senate of four similar bills that have been proposed: S. 1720 (Leahy D-VT), S. 866 (Schumer D-NY), S. 1013 (Comyn R-TX), and S. 1612 (Hatch R-UT). What is the purpose of this new Act and how would it have harmful unintended consequences?

The intended purpose of the Innovation Act is to curb frivolous lawsuits for patent infringement by so-called “patent trolls,” a derogatory term defined by Wikipedia  as “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question, thus engaging in economic rent-seeking. Related, less pejorative terms include patent holding company (PHC) and non-practicing entity (NPE).”

However, the Patent Freedom organization states, “NPEs are not all cut from the same cloth. Some inventors choose not to pursue the development, manufacturing, and sales of their inventions. They may lack the resources to do so, or the interest, passion, and commitment that such an effort requires. Instead, they may seek to license their inventions to others who can use them to deliver better products and services, often with the assistance of those with experience in this area. Or they may choose to sell the patents outright…. some entities buy patents with the express purpose of licensing them aggressively. For instance, about 25% of “parent” NPEs tracked by Patent Freedom are enforcing only patents that they had acquired. Another 60% are asserting patents originally assigned to them, and the remaining 15% are asserting a blend of originally assigned and acquired patents”

The Innovation Act would create additional requirements as part of the legal process associated with patent infringement under United States law. Some of the provisions are paraphrased below:

  • Requires specificity in patent lawsuits – requires specified details concerning each claim of each patent was allegedly infringed.
  • Makes patent ownership more transparent with a “Joinder” clause requiring patent plaintiffs to name anyone who has a financial interest in the patent being litigated.
  • Makes the loser pay – “if a losing plaintiff cannot pay, the bill would allow a judge to order others who had a financial stake in the plaintiff’s lawsuit to join the lawsuit and pay the costs of an unsuccessful patent lawsuit.”
  • Delay discovery to keep costs down – gives time to allow the courts to address legal questions about the meaning of patent claims with the goal of reducing legal costs and allow more frivolous lawsuits to be resolved before defendants have incurred large legal bills.
  • Protect end users – allows technology vendors to step into the shoes of their customers and fight lawsuits against trolls on their customers’ behalf in cases where restaurants, supermarkets, airlines, casinos, real estate agents and other brick-and-mortar businesses are being sued for using technology such as Wi-Fi instead of the manufacturers of the equipment.

Proponents say that” in the two years since the AIA was enacted, patent litigation has exploded. More and more firms are acquiring broad patents not to use the technology but rather to extract licensing fees from companies that infringe the patents accidentally…so a number of industry groups that weren’t traditionally involved in patent debates have begun agitating for patent reform.”

The proposal enjoys broad support from some in the technology sector. Internet companies such as Google have been a driving force behind the bill. Microsoft had opposed one of the provisions of the Bill, but is now expressing support for the legislation after that provision was removed.

Opposition to Innovation ACT

Opponents say that the Innovation Act as currently written weakens our patent system and will have unintended consequences on U.S. inventors. These additional changes to the patent system will result in a shift in the balance of patent ownership, favoring large and better financed companies over startups, investors and inventors who have been responsible for some of the most historic and groundbreaking discoveries in our nation’s history.

The Biotechnology Industry Group (BIO) did not support the Innovation Act because it believed that it would undermine biotech research and innovation. Daniel Seaton noted on BIO’s Patently Biotech blog, “the Act would ultimately make it more difficult for patent holders with legitimate claims to protect their intellectual property…Provisions in the legislation would erect unreasonable barriers to access justice for innovators, especially small start-ups that must be able to defend their businesses against patent infringement in a timely and cost-effective manner, and without needless and numerous procedural hurdles or other obstacles.”

Joe Panetta, President and CEO of Biocom, San Diego’s biotechnology organization, expressed similar sentiments, stating, “Not only does H.R.3309 fail to adequately address the abusive litigation practices it aims to curb, but it would place burdensome and unnecessary requirements and penalties on all patent holders. The bill is likely to inadvertently harm the world’s greatest innovation system by limiting legitimate patent holders’ ability to assert their rights.”

The Independent Inventors of America against Current Patent Legislation, representing independent inventors and small patent-based businesses across the country disputes the claim that patent infringement litigation has escalated. Their January 2014 petition states “The Government Accounting Office Report required by the America Invents Act finds that there is no ‘patent troll’ problem. Data supporting the claim of billions of dollars of reported cost cannot be verified and actually represent primarily voluntary and court directed license agreements for valid patents. In addition, analysis of patent litigation shows that the number of patent suits relative to the number of patents issued today remains consistent over the 200 plus year history of the patent system with the exception of a short period prior to the Civil War when the rate was higher than it is today. The reports supporting this latest round of legislation are simply not valid.”

They argue that “what is being characterized as a “patent troll,” and the target of the proposed legislation, is really an investor. As individual inventors and small patent-based businesses, we need investors to practice and protect our inventions. A patent is sometimes the sole asset we can leverage to attract that investment. Damaging investors therefore damages inventors.”

Their main reasons for objecting to the Act are:

Loser Pays – would significantly increase the risk and cost of defending a patent and “could be fatal to a large percentage of inventions.”

“Joinder” clause – allows investors to be personally liable for legal fees if inventor loses lawsuit, so this would severely limit investment in new technologies.

Patent Term Adjustment – eliminates a patent adjustment for a delay in patent issuance caused by the U. S. Patent Office (Note: Patents are granted for 17 years, but if it takes five years to get a patent, the patent term would be only 12 years instead of 17.)

The petition states, “This legislation will levy grave harm upon independent inventors and small patent-based businesses, as well as the investors we need to help commercialize new technologies and to protect our inventions.” They “stand firmly against the proposed legislation and any future legislation that would weaken the American Patent System.”

Members of the governing body of the San Diego Inventors Forum, of which I am a member, signed the petition. Adrian Pelkus, SDIF President, stated, “The Innovation Act (H.R. 3309) horrifies me with the path that allows corporations to beat up on small inventors…Financial ruin for inventors will be extremely easy due to the nature of startups, meaning most inventors could lose their fledgling businesses disputing challenges to issued Intellectual Property.

To dissuade investors by increasing risk that the IP in the project they are investing in will be challenged (perhaps even frivolously just to stop them from progressing to market) will grind innovation to a standstill.

At a time when we need American ingenuity and investors to rebuild our economy, taking steps to diminish our rights as inventors is un-American, economically dumb and intellectually suicidal. Stifling innovation in a technologically based society is a sure path to economic ruin which is why the USPTO system was originally designed to reward not punish the inventor. We must not allow big multinational corporations the ability to squash. Any and all actions to stop this bill must be enacted.”

Gary Klein, V. P. Public Policy, of San Diego’s CONNECT organization, stated why they oppose the Act:  “A startup company’s main asset is its intellectual property. Most investors’ first question to startups is about how their technology is protected. The Innovation Act that passed the House has several provisions – fee shifting, covered business methods, joinder rules, discovery and customer stay – that will have some very serious adverse consequences for small/startup companies, universities and research institutions, as well as companies who use licensing as a business model.”

Join us in signing the petition and contact your Senator to ask them to oppose all of the similar bills that have been introduced in the Senate.

Should California Copy Ohio’s Economic Development Policies?

February 4th, 2014

Ohio’s Governor and economic development agencies may not be visiting California companies to woo them back to Ohio as Texas Governor Rick Perry has been doing, but I would say the answer is “yes” to this question. California would do well to emulate the successful economic development policies of central Ohio surrounding its capital city of Columbus.

Recessions usually didn’t affect this region very much, but the Great Recession was different. In 2009, business leaders formed Columbus 2020 to address the effects of the recession on the 11-county region surrounding the state capital. It is now a private, nonprofit entity incorporated as both a 501(c) (6) and a 501(c) (3) (Columbus 2020 Foundation) and has become a collaboration between business leaders, government, and educational institutions. Its mission is to generate opportunity and build capacity for economic growth throughout Central Ohio.

To achieve this mission, the founders set the following goals to achieve by the year 2020:

  • Add 150,000 net new jobs
  • Increase personal per capita income by 30 percent
  • Add $8 billion of capital investment
  • Be recognized as a national leader in economic development

The plan to achieve these goals is:

  • Retain and expand the companies and industries that call the Columbus Region home today
  • Attract major employers to establish operations in the Columbus Region
  • Create more commercial enterprises by leveraging research assets and entrepreneurs
  • Improve civic infrastructure that enhances the economic development environment

In my interview with Kenny McDonald, CEO of Columbus 2020, he said, “The key factor of our success was starting with the vision of the business leaders that formed Columbus 2020 and having corporate leaders that are willing to engage in the process. You need both vision and engagement. There has been a real partnership between business, government, and educational institutions.”

He added, “We take a holistic view of trade and investment, as many of the companies in the region have a global footprint, and take time to understand what is driving business. The business climate has improved, especially for companies that sell in the U. S., and we’ve noticed that many companies are reshoring back to the US as part of their strategy to regionalize. The U. S. has never been more competitive, and our markets remain attractive, while there remains instability elsewhere in the world. Companies that had a plant in China or India to export to the U. S. are bringing production back to the U. S., to sell to the U. S., while some companies are bringing back work to export to other countries.”

He said, “Honda of America, which has a significant presence in the Columbus Region, recently announced that they were planning to export more to countries outside of the U. S. Honda’s supply chain and other companies that are part of the global automotive supply chain are evidence of the trend to regionalize. It’s been recommended that foreign companies, especially mid-size companies, regionalize by having a plant in the U. S. to reduce risks that disrupt the supply chain.”

The region has a population of only 2 million, but has 15 Fortune 1000 companies, such as Cardinal Health, The Scotts Miracle-Gro Company, Big Lots, L Brands (including Victoria’s Secret and Bath & Body Works, Express, and Nationwide.)

There is a special industrial park, the Personal Care and Beauty Campus, built up near Victoria’s Secret and Bath & Body Works, where all of types of companies in their supply chain are located, representing about 2,000 jobs.

Middle market companies are also an important part of the Columbus Region economy. There are 1,313 businesses that have between $10 million and $1 billion in annual revenue. Even though they represent only 2.3 percent of business establishments in the Region, they employ 15.4 percent of the private sector workforce and have an outsized presence in manufacturing, headquarters and back office functions, and other key industries.

The Columbus Region is home to 63 colleges and university campuses with a total enrollment of nearly 150,000 students and more than 22,000 annual graduates. It is also home to the largest concentration of PhDs in the Midwest, and has more PhDs than the national average. The Ohio State University – the state’s flagship university and one of the country’s leading research institutions – has more than 56,000 students at its main campus in Columbus.

Businesses in the Columbus Region benefit from:

  • No personal property tax
  • No inventory tax
  • No state corporate income tax

Ohio offers the following tax incentives:

  • Job Creation Tax Credit
  • Ohio Enterprise Zone Program
  • Community Reinvestment Areas
  • Research and Development Investment Tax Credit

Ohio also offers several unique loan and grant programs as additional incentives for companies to relocate in the region.

The chart below shows the largest manufacturers in the Columbus region:

COMPANY INDUSTRY EMPLOYEES
Honda of America Mfg. Inc. Automotive 9,433
Whirlpool Corporation Appliances 2,344
TS TECH Co, Ltd. Automotive 2,078
Abbott Nutrition Food & Beverage 2,055
Emerson Electric Co. Utilities 1,720
Worthington Industries Inc. Steel 1,390
Ariel Corporation Energy 1,265
Boehringer Medical 1,250
The Anchor Hocking Co. Glass 1,202
The Scotts Miracle-Gro Co. Lawn Care Products 1,165
Rolls-Royce Energy Systems Machinery 1,146
Commercial Vehicle Group Automotive 1,125
Owens Corning Corporation Automotive 1,011
Lancaster Colony Corporation Food & Beverage 856
Mettler-Toledo International Precision Instruments 800
Jefferson Industries Automotive 750
Cardington Yutaka Technologies, Inc. Automotive 725
Columbus Castings Steel 700

As a result of these policies, Columbus is now ranked as the 8th most affordable location in the U. S. for corporate headquarters. The cost of doing business is half the cost of New York City, Los Angeles, and Silicon Valley. For all of these reasons, Columbus has become the state’s largest and fastest growing city.

Columbus 2020 is well on the way to not only achieving, but exceeding these goals by 2020 as shown below:

JOB CREATION CAPITAL INVESTMENT PERSONAL PER CAPITA INCOME
As of August 2013, more than 53,000 jobs have been created in the Columbus Region since Columbus 2020’s founding in 2010. As of December2013, $3.71 billion of capital investment has been added to the Columbus Region since 2010. As of 2012, personal per capita income in the Columbus Region has increased 10.8 percent since 2010, from $38,547 to $42,728.

California’s Governor Brown and the State legislature should review what the Columbus 2020 organization has accomplished in revitalizing the economy of central Ohio. California’s manufacturers would love to benefit from having no corporate income tax and no inventory tax, as well as having a Job Creation Tax Credit and a Research and Development Investment Tax Credit

The new hiring tax credit and partial exemption of certain property from California’s sales and use tax are meager benefits being offered to manufacturers as part of Assembly Bill 93 and Senate Bill 90 that went into effect January 1st. Our California legislature needs to “stop fiddling while Rome is burning,” so that we will be able to stem the tide of companies moving out of California and add more than the pitiful 7,900 manufacturing jobs we have added since 2010 after losing  over 625,000 manufacturing jobs since 2001.

 

 

Has NAFTA Benefited Americans?

January 28th, 2014

By this question, I mean the American people, not America, our country, nor American corporations. There can be diplomatic benefits to trade agreements, such as strengthening our relationships with countries that are allies in the world’s political arena. There can be benefits to American-based global corporations to open doors to new markets in specific countries. These are two of the reasons touted by “free trade” proponents as benefits to negotiating trade agreements.

To discern the answer to the title’s question, let us examine whether the North American Free Trade Agreement (NAFTA) has benefited Americans as a whole. NAFTA was negotiated under President Bill Clinton and went into effect in January 1994. The agreement was supposed to reduce market barriers to trade between the United States, Canada and Mexico to reduce the cost of goods, increase our surplus trade balance with Mexico, reduce our trade deficit with Canada, and create 170,000 jobs a year. Twenty years later, the fallacy of these supposed benefits is well documented.

According to the report “NAFTA at 20” released this month by Public Citizen’s Global Trade Watch, “More than 845,000 specific U.S. workers have been certified for Trade Adjustment Assistance (TAA) as having lost their jobs due to imports from Canada and Mexico or the relocation of factories to those countries.”

Major corporations such as General Electric, Caterpillar, and Chrysler announced they would add jobs for increased sales to Mexico; instead they eliminated jobs. For example, General Electric testified before Congress saying, “We are looking at another $7.5 billion in potential sales over the next 10 years. These sales could support 10,000 jobs for General Electric and its suppliers. In reality, “General Electric has eliminated 4,936 U.S. jobs since NAFTA due to rising imports from Canada and Mexico or decisions to offshore production to those countries.”

The report also documents the fact that “the small pre-NAFTA U.S. trade surplus with Mexico turned into a massive new trade deficit and the pre-NAFTA U.S. trade deficit with Canada expanded greatly.” According to Census Bureau data, in 1993, the non-inflation adjusted U.S. trade surplus with Mexico was $1.6 billion, and in 2013, the U. S. trade deficit had grown to $50.1 billion. The non-inflation adjust U. S. deficit with Canada grew from $4.4 billion in 1994 to $7.4 billion in 2013. Together the Mexico and Canada inflation-adjusted trade deficits “have morphed into a combined NAFTA trade deficit of $181 billion.”

Most people do not understand how trade deficits hurt them. They do not realize that when our country imports more goods than it exports, we go in debt as a country to pay for these goods. We then have to borrow money or increase taxes to have enough money to run our government. This is why we now have a nearly $17 trillion national debt. As individuals, we would soon go bankrupt if we did not earn enough money to pay our bills and had to keep borrowing money, but the government can just keep printing money. The problem with printing more money is that the value of the dollar keeps going down, so each of us has to work harder to make more money to try to keep our pay equal to what we earned previously.

According to the Coalition for a Prosperous America, trade deficits also diminish the U. S. Gross Domestic Product since GDP equals the sum of Consumption, Investment, Government Procurement, and Net Exports (Exports – Imports). Our trade deficit in 2011 alone shaved an astounding 4% from overall U. S. GDP.

Our efforts to keep our earnings of equal value have not succeeded because the report states, “NAFTA has contributed to downward pressure on U.S. wages and growing income inequality.” What this means is that as Americans lost their higher paying manufacturing jobs, they had to compete with the glut of other Americans for the non-offshorable, lower paying, low-skill jobs, in retail, hospitality, and food service. “According to the U.S. Bureau of Labor Statistics, two out of every three displaced manufacturing workers who were rehired in 2012 experienced a wage reduction, most of them taking a pay cut of greater than 20 percent.” The result is an increasing gap between the rich and the poor and a shrinking middle class.

Manufacturing jobs are the foundation of the middle class; these jobs raised the average daily wage between 1900 and 2000 from $2.50 a day to $96.00 a day. If we lose the majority of our manufacturing industry, we will lose our middle class.

We were supposed to realize the benefits of lower prices as consumers, but in contrast, the report states, “Despite a 188 percent rise in food imports from Canada and Mexico under NAFTA, the average nominal price of food in the United States has jumped 65 percent since the deal went into effect.”

As a result, our “average annual U.S. agricultural trade deficit with Mexico and Canada under NAFTA stands at $800 million, more than twice the pre-NAFTA level.” American ranchers and cattlemen have been hurt by the 130 percent increase of beef imports from Mexico and Canada since NAFTA took effect, “and today U.S. consumption of “NAFTA” beef tops $1.3 billion annually.” U.S. food processors moved to Mexico to take advantage of low wages, resulting in a loss of jobs for Americans at U. S. food processing plants.

The report was a revelation to me about an unintended consequence of NAFTA ? the dramatic increase of illegal immigrants to the U. S. in the past 20 years. According to the report, the increased export of subsidized U. S. corn to Mexico resulted in the destruction of “…the livelihoods of more than one million Mexican campesino farmers and about 1.4 million additional Mexican workers whose livelihoods depended on agriculture.”

The report quotes an exposé, “Trade Secrets,” by John Judis in the April 9, 2008 issue of New Republic, which stated. “Wages dropped so precipitously that today the income of a farm laborer is one-third that of what it was before NAFTA. As jobs disappeared and wages sank, many of these rural Mexicans emigrated, swelling the ranks of the 12 million illegal immigrants living incognito and competing for low-wage jobs in the United States.”

As a result, “The desperate migration of those displaced from Mexico’s rural economy pushed down wages in Mexico’s border maquiladora factory zone and contributed to a doubling of Mexican immigration to the United States following NAFTA’s implementation.”

Prior to NAFTA, jobs at maquiladora factories were responsible for a growing middle class in cities such as Tijuana and Tecate in Baja California, Mexico. The report states that “Real wages in Mexico have fallen significantly below pre-NAFTA levels as price increases for basic consumer goods have exceeded wage increases. A minimum wage earner in Mexico today can buy 38 percent fewer consumer goods as on the day that NAFTA took effect.”

The lower wages at Mexican maquiladoras since NAFTA explains why Mexico is now benefitting from “nearsourcing,” which is returning manufacturing from China where wages have risen 15-20% year over year for the past five years. Taking into consideration the other costs and hidden costs of doing business offshore that comprise a Total Cost of Ownership analysis; Mexico is now more competitive than the coastal areas of China’s manufacturing industry.

Of course, the influx of illegal immigrants from Mexico is another factor in the downward pressure on wages in the United States. Today, only 1.9 million hourly workers make $20 per hour, which is a marker for jobs that provide a middle-class standard of living, down 60% since 1979, according to the Bureau of Labor Statistics.

In conclusion, we can clearly see from the well-documented evidence that NAFTA has not benefited the American people. It may have benefited American corporations that expanded their sales in Mexico or moved manufacturing to Mexico to increase their profits. However, I am sure that none of the American company owners of the more than 60,000 manufacturing firms that have closed since 1994 or the nearly one million American workers who lost their jobs because of NAFTA would say they benefited from this trade agreement.

The last thing we need is another free trade agreement such as the Trans-Pacific Partnership Agreement that has been negotiated behind closed doors by the Obama Administration for the past three years. We can’t afford the loss of more American jobs. What we need are trade policies that will help American manufacturers and address the predatory mercantilist policies of China, Japan, Korea, and other countries with regard to government subsidies, currency manipulation, product dumping, and intellectual property theft. We need to have balanced trade as recommended by the Coalition for a Prosperous America (CPA) in their issue paper, “21st Century Trade Agreement Principles.” As chair of the newly formed California chapter of CPA, I would welcome your support and involvement to rebuild American manufacturing, create more higher-paying manufacturing jobs, and reduce our trade deficit and national debt.

San Diego Manufacturing Trends

January 15th, 2014

From 2000 to 2011, the U. S. lost 5.8 million manufacturing jobs and 57,000 manufacturing firms closed. U.S. Department of Commerce shows that “U.S. multinational corporations… cut their work forces in the U.S. by 2.9 million during the 2000s while increasing employment overseas by 2.4 million.”

Over the last three years, we have finally seen a growth of about 526,000 manufacturing jobs nationwide for a 4.59% growth rate, but California has lagged behind the nation at only a 0.63% growth rate for 7,900 jobs gained. Mainly due to the effects of sequestration on our military/defense industry, San Diego continued to lose manufacturing jobsin 2013, losing more than 2,000 jobs from February – November.

Offshoring has been major cause of slow economic growth after Great Recession and the high unemployment has exacerbated local, state and federal budget deficits. This has resulted in a weakened middle-class, declining innovation, and lower sales levels in weakened home market.

“Reshoring”/Resurgence of “Made in USA”

A September 2003 report prepared for the U. S. Congress U. S.–China Committee on Economic and Security Review Commission, by Peter Nolan of the University of Cambridge stated, “A ‘‘herd herd ‘mentality to participate in the ‘‘Chinese miracle’’ developed among global giant corporations… Global corporations now view China as central to their long long-term strategy.”

A Stone Associates interview with Technology Forecasters (10/21/03) corroborated the fact that some companies were following this “herd mentality” in migrating to China even when it didn’t make economic sense:  “There is a herd mentality with OEMs in China China—sometimes it makes sense, sometimes it doesn’t—not always rational decision… People tell their bosses what they want to hear hear—(going to China) gives a boost to the stock valuation, but you really have to do the analysis on a case by case basis.”

Now, the offshore supply chain dynamics are changing:

  • Oil prices – tripled in the last 5 years raising shipping costs
  • Labor rates rose about 15-20% year-over-year for last 5 years in China
  • Component/material prices increasing
  • Automation/robotics in U.S. has increased productivity
  • Political instability in China – Labor riots/strikes
  • Risk of disruption from natural disasters
  • U.S. $ declining

Most companies don’t look beyond quoted unit price to make a decision of which vendor to select. They don’t do a Total Cost of Ownership (TCO) analysis, which simply stated, is an estimate of direct and indirect costs. The 13th edition of the APICS (supply chain organization) dictionary says:  “In supply chain management, the total cost of ownership of the supply delivery system is the sum of all the costs associated with every activity of the supply stream.”

The Reshoring Initiative was founded by Harry Moser, former CEO of GF Agie Charmilles in 2010. The goal is to change the sourcing mindset from “offshored is cheaper” to “local reduces the Total Cost of Ownership” and train OEMs and suppliers on why to source local and how to use TCO Calculator. Free Total Cost of Ownership (TCO) software is provided for OEMs and suppliers/unions.

Sourcing is slowly moving back to the United States. The 2012 MIT Forum for Supply Chain Innovation Reshoring Study revealed:  61% of larger companies surveyed “are considering bringing manufacturing back to the U.S” and 15.3% of U.S. companies stated that they are “definitively” planning to re-shore activities to the U.S. In April 2012 www.mfg.com stated that 40% of contract manufacturers had done reshoring work this year.

Manufacturing Jobs / Year

*Estimated / **Calculated 

The Reshoring Initiative has calculated reshoring’s share of manufacturing job growth since Jan. 2010 is:

Job growth: ?500,000

Reshored jobs: ?80,000

Reshoring % of total: ?15%

Now in 2013, more companies are moving their services and manufacturing operations back to the United States. Nationally, General Electric and Whirlpool have moved some appliance manufacturing back to the U. S. Caterpillar moved operations from China to Mexico and the US. Locally, EcoATM, 451 Degrees, and Solatube have reshored by moving manufacturing back to San Diego County. Some of the parts, assemblies, and products that are not cost effective to come back to the U. S. are going across the border to Baja California, Mexico, and major contract manufacturers in Tijuana, Mexico, such as Sumitronics, are experiencing significant reshoring.

The demand for “Made in USA” goods seems to be increasing and is helping the resurgence of American manufacturing in certain areas, especially true in the apparel industry. Indeed, many consumers like the quality perception boost associated with “Made in USA” labels certifying that these goods were in fact made in America. American made items are also growing in popularity because our production costs are declining while Chinese labor is actually increasing.

Offshore outsourcing will continue indefinitely. The desirable” locations for outsourcing will change over time, and the purely financial benefits of lower cost will erode over time. The challenge is to keep as much as possible within the United States, and if more companies would utilize the TCO estimator worksheet, it would help maintain and return manufacturing to America.

Additive Manufacturing

Additive Manufacturing has been hailed by ‘The Economist’ as the catalyst of ‘the third industrial revolution’ and is projected to have a significant impact on manufacturing in the near future. It has the potential to revolutionize the way we make almost everything. Currently about 28% of the money spent on 3D printing of parts is for final products, but it is predicted to rise to 50% by 2016 and to 80% by 2020.

The major Additive Manufacturing methods are:

  • Stereo lithography
  • 3D printing
  • Laser sintering
  • high powered laser fuses powered metals into fully dense 3D objects, layer by layer
  • Fused-deposition modeling
  • A plastic or metal wire is unwound from a coil, supplying material to an extrusion nozzle to form success layers

San Diego is blessed with hundreds of design engineering and product development companies, many of which have one or more types of Additive Manufacturing equipment. There is also a service bureau for Additive Manufacturing in Poway, Solid Concepts, which has all of the types of equipment. A few of the engineering design/product development companies with which we are familiar are:

A Squared Technologies

Clarity Design

DD Studio

D&K Engineering

Dynapac Design Group

Expertise Engineering

Fallbrook Engineering

Flex Partners

Leardon Solutions

Koncept Design

Redpoint Engineering

Triaxial Design

In addition, there is the MakerPlace in San Diego, which inventors and entrepreneurs can think of it as their “dream” garage shop for developing and producing their own products. It is a place where they can use a variety of fabrication equipment & tools to work on projects:  Woodworking, metalworking, electronics, embroidery, sewing and specialty tools such as 3D printers, laser cutters and engravers. There are even

“incubator” offices upstairs for businesses to operate out of the same building as the fab shop.

Training to meet Manufacturing Skills Gap

In 2011, the U.S. Bureau of Labor statistics estimated that 2.8 million, nearly a quarter of all U.S. manufacturing workers, were 55 or older. The improvement of the manufacturing industry has been a mixed blessing because as more skilled workers are needed, the supply is limited because baby boomers are retiring or getting close to retirement. “The oldest baby boomers turned 65 on Jan. 1, 2011, and every day thereafter for about the next 19 years, some 10,000 more will reach the traditional retirement age, according to the Pew Research Center.” What makes the situation worse is that there are not enough new ones to replace them because the subsequent generations were smaller and fewer chose manufacturing as a career.

This has resulted in an insufficient number of workers trained for advanced manufacturing jobs. Modern manufacturing is highly technical and requires understanding and proficiency in a wide variety of competencies. In the past 15 years, the manufacturing industry has evolved from needing low-skilled production-type assembly workers to being highly technology-infused. Thus, it is more of a skills gap in the specific skills needed by today’s manufacturers than a shortage of skilled workers.

A key component has been the development of the (National Association of Manufacturers) NAM-Endorsed Manufacturing Skills Certification System—a system of stackable credentials applicable to all sectors in the manufacturing industry. In June 2011, President Obama announced that the Skills Certification System was the national talent solution for closing the skills gap and addressing this key issue for American manufacturers. The Society of Manufacturing Engineers (SME) Education Foundation leads in encouraging youth to get involved in manufacturing technologies through STEM-related activities in the K–12 levels, as well as supporting and advancing the Certification System for manufacturing skills.

San Diego is fortunate to have more opportunities for training in manufacturing skills than many other regions as shown below:

  • San Diego City College – AA degree in Manufacturing Technology, Machining Certificate
  • SDCCD Continuing Education Center – metal fab, welding, plasma cutting
  • Miramar College – biotech/biomedical lab technicians
  • Mira Costa College – Machining Certificate
  • San Pasqual High School – two year machining program
  • Chaparell High School (Charter) – two year machining program
  • Quality Controlled Manufacturing Inc. – machining training and apprenticeship
  • Workshops for Warriors (non-profit) – machining, sheet metal fab, welding, programming

Licensing vs. starting a company

As a member of the steering committee for the San Diego Inventors Forum (SDIF), I have noticed that in the last two years, more inventors are planning to license their technology vs. starting a company (probably about 70%) compared to about 50% previously). However, this trend doesn’t hold true for CONNECT’s Springboard program for entrepreneurs according to Ruprecht von Butlar. In an interview, he said, “The demand for the Springboard program has stayed consistent over the past few years, but the composition has changed ? more technology, biotech/biomedical, and life science. All of the entrepreneurs in their program have either already formed companies or plan to form companies rather than licensing their technology.”

I also interviewed Dr. Rosibel Ochoa, Executive Director of the UCSD Jacobs School of Engineering von Liebig Entrepreneurism Center, and she said they have 30 teams in their program, and all of them plan to start companies rather than licensing their technology.” The Center serves UCSD professors, graduate students, undergraduate students, and alumni. The professors are the only persons more interested in licensing their technology rather than leaving UCSD to be part of a team to start a company.

The difference between the Inventors Forum and the other two programs may be the fact that most of the inventors coming to our meeting in the past two years have been in the “Baby Boom” generation, now between the ages of 48 – 68, and they may realize by now that they don’t have the entrepreneurial skills to found and develop a company. Also, many of them are serial inventors, who enjoy the technical part of inventing a new product, and then want to go on to working on their next invention. Many of the under 40 inventors seem to be more interested in starting a company.

Outlook for 2014

Positives:

–     Reshoring is creating more manufacturing jobs and generating more regional GDP

–     Additive manufacturing is accelerating development of new products

–     Broad access to skills training is available in San Diego

Negatives:

–     Unknown economic impact of Obamacare for manufacturers because of employer mandate

–     Possibility of full sequestration being restored to pay for extending unemployment benefits

If the current military/defense budget remains in effect without the restoration of full sequestration that affected San Diego adversely last year, this year should be better than 2013 for local manufacturers. All of us in San Diego’s manufacturing industry certainly hope so.

We Must Stop Fast Track Trade Authority from Being Granted!

January 7th, 2014

President Obama had hoped to be able to announce that he had been granted Fast Track Authority before the Asia-Pacific Economic Cooperation (APEC) meeting in Bali, Indonesia on October 8, 2013, but due to budget issues and the government shutdown, the bill wasn’t introduced and approved in the fall. He had also hoped to complete negotiations for the Trans-Pacific Partnership (TPP) Agreement at this meeting, but no agreement was reached by the countries involved. For the last three years, the Obama administration has conducted negotiations behind closed doors through the offices of U.S. Trade Representative Ron Kirk without any involvement with Congress.

Eleven nations have participated in the negotiations: Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam. Japan announced its intention to join the agreement last spring. Because the TPP is intended as a “docking agreement,” other Pacific Rim countries could join over time, and the Philippines, Thailand, Colombia, and others have expressed interest. China could join the TPP at a later date without suffering any disadvantage even though this would negate the original reason for the TPP as a counter to China’s hegemony in the Pacific.

Reliable sources have revealed that a bill to grant the president Fast Track Authority under the Trade Promotion Authority will be introduced on January 8th in the Senate Finance Committee and the House Ways and Means Committee. It appears that there is sufficient support to pass these bills out of the committees for a vote on the floor.

Earlier this year, I published three blog articles on the dangers of the Trans-Pacific Partnership agreement and granting the president Fast Track Authority:  “The Trans-Pacific Partnership Would Destroy our National Sovereignty;” “Why the Trans Pacific Partnership Would Hurt American Manufacturers;” and “The Trans Pacific Partnership Trade Agreement Would Harm our Environment.”

In my first article, I commented on the many articles that Lori Wallach of Public Citizen had written about the Trans-Pacific Partnership:  “Ms. Wallach opines that U.S. multinational corporations have the goal of imposing on more countries a set of extreme foreign investor privileges and rights and their private enforcement through the notorious “investor-state” system. ‘ This system elevates individual corporations and investors to equal standing with each TPP signatory country’s government- and above all of us citizens.’ This would enable ‘foreign investors to skirt domestic courts and laws, and sue governments directly before tribunals of three private sector lawyers operating under World Bank and UN rules to demand taxpayer compensation for any domestic law that investors believe will diminish their ‘expected future profits.’”

With regard to “Buy American” laws in my second article, I wrote, “What this means is that the TPP’s procurement chapter would require that all companies operating in any country signing the agreement be provided access equal to domestic firms to U.S. government procurement contracts over a certain dollar threshold. To meet this requirement, the U.S. would have to agree to waive Buy America procurement policies for all companies operating in TPP countries.”

I also noted that as far back as May 3, 2012, a letter from Rep. Donna Edwards (D-Md.) and 68 other Congressional Reps to President Obama stated in part, “We are concerned about proposals we understand are under consideration in the Trans-Pacific Partnership (TPP) agreement negotiations that could significantly limit Buy American provisions and as a result adversely impact American jobs, workers, and manufacturers…We do not believe this approach is in the best interest of U.S. manufacturers and U.S. workers. Of special concern is the prospect that firms established in TPP countries, such as the many Chinese firms in Vietnam, could obtain waivers from Buy American policies. This could result in larger sums of U.S. tax dollars being invested to strengthen other countries’ manufacturing sectors, rather than our own.”

In a commentary article on October 15, 2013, Lt. Col (Retired) Allen West wrote, “TPP would subject the U.S. to the jurisdiction of foreign tribunals under the authority of the World Bank and United Nations. These unelected, unaccountable panels would constitute a judicial authority higher than the U.S. Supreme Court. They would have the power to overrule federal court rulings and order payment of U.S. tax dollars to enforce the special privileges granted to foreign firms that would be exempt from EPA and other regulations that strangle American firms.”

He added, “We’re also told TPP shows our Asian allies we’re serious about confronting China. But it would actually weaken the U.S. As the Chinese People’s Liberation Army uses every means possible to infiltrate our command and control systems, TPP bans Buy American policies that require crucial equipment for our troops be produced in the U.S. We don’t need TPP to stop China’s military expansion – we need to tell the same crowd pushing TPP to stop transferring their capital and technology to that communist dictatorship.”

In a commentary on the Economy in Crisis website, economist Pat Choate outlined the reasons why we should oppose President Obama being granted Fast Track Authority:

  • Allows the President to select countries with which to enter into trade agreements, set the substance of the talks and then sign those pacts without prior Congressional approval.
  • Allows the President to negotiate and include in these trade agreements not only tariffs and quotas, but also changes in federal, state and local laws on taxes, food and health safety, patents, copyrights, trademarks, immigration, Environment, Labor standards, and Buy America provisions, among many other issues.
  • Creates a Presidential advisory system, comprising 700 industry representatives appointed by the President. These advisors have access to confidential negotiating documents that are kept secret from most members of Congress and the public.
  • Empowers the President to draft the agreements to implement legislation without Congressional input.
  • Requires House and Senate Leaders to introduce the President’s bill on the first legislative day following the President’s submission.
  • Requires that the legislation be discharged from Committee 45 days after submission.
  • Requires a floor vote 15 days after the bill is discharged from Committees.
  • Allows only 20 hours of debate in each House.
  • Prohibits any amendments either in Committee or during the floor debate.
  • Eliminates several floor procedures, including Senate unanimous consent, normal debate and cloture rules, and the ability to amend the legislation.
  • Prevents a Senate filibuster.
  • Requires only a simple majority vote in each House for enactment.

In conclusion Mr. Choate states, “These trade pacts will have the effect of a treaty, though the Constitution requires a two thirds majority vote by the Senate for the United States to enter into a treaty.”

It is precisely this sort of amassing of powers that defines a dictatorship. Our Founding Fathers wisely chose to keep governmental power separated in a system of checks and balances, but by utilizing the Fast Track Authority, our Constitutional system of checks and balances would be destroyed and our national sovereignty would be given to foreign nations and multinational corporations in the name of “free trade.”

A letter addressed to President Obama, signed by 24 Republican Representatives in the House, stated, “Under Fast Track, the executive branch is empowered to sign trade agreements before Congress has an opportunity to vote on them, and then unilaterally write legislation making the pacts’ terms U.S. federal law. Fast Track allows the president to send these executive branch-authored bills directly to the floor for a vote under rules forbidding all floor amendments and limiting debate. And by requiring the House to vote on the bill within a preset period of time, it takes the floor schedule out of the hands of the House majority and gives it to the president.

Given these factors, we do not agree to cede our constitutional authority to the executive through an approval of a request for “Fast Track Trade Promotion Authority.”

The signatories were:  Jones, Bachmann, Joyce, Gohmert, Cook, McKinley, Jimmy Duncan, Stockman, LoBiondo, R. Bishop, C. Collins, C. Smith, Rohrabacher, Bentivolio, Grimm, Mica, Broun, Brooks, D. Young, Jeff Duncan, Gibson, Denham, Hunter and Fitzpatrick.

On the Democrat side of the aisle, Representatives Rosa DeLauro (D-CT) and George Miller (D-CA) took the lead in getting a total of 151 Democrats in the House to oppose the use of “Fast Track” procedures that usurp Congress’s authority over trade matters. Their opposition stands for both the Trans-Pacific Partnership (TPP) agreement and any future trade agreements. The letter in part states, “Congress, not the Executive Branch, must determine when an agreement meets the objectives Congress sets in the exercise of its Article I-8 exclusive constitutional authority to set the terms of trade. For instance, an agreement that does not specifically meet congressional negotiating objectives must not receive preferential consideration in Congress. A new trade agreement negotiation and approval process that restores a robust role for Congress is essential to achieving U.S. trade agreements that can secure prosperity for the greatest number of Americans, while preserving the vital tenets of American democracy in the era of globalization.”

If Fast Track Authority is approved, it would allow President Obama to essentially have dictatorial control over the country in many respects. Fast Track Authority gives the executive branch legislative powers, something expressly forbidden by the Constitution. We must deny the President Fast Track Authority. If this is granted, it will be even more difficult to stop the Trans-Pacific Partnership from being approved.

It would be the final nail in the coffin for U.S. sovereignty. Contact your Congressional representative and urge them to oppose the Fast Track Authority and forward this article to your friends and ask them to do the same!

Coalition for a Prosperous America’s California Chapter Celebrates the Outlook for the Future

December 17th, 2013

The California Chapter of the Coalition for a Prosperous America (CPA) held their annual dinner in San Diego on January 11th at the Del Mar Hilton to look back on this year’s work and ahead to the coming year, as well as honor those who have helped make that work successful. Nearly 80 attendees joined me in showing our appreciation to Senator Mark Wyland for being the co-host of the well-attended “Manufacturing in the Golden State–Making California Thrive” economic summit last February. Unfortunately, co-host Assemblymember Toni Atkins was unable to be present. Assemblyman Tim Donnelly and County Supervisor Dave Roberts attended along with staff representing Congresswoman Susan Davis, Congressman Darrell Issa, Assemblyman Brian Jones, and Assemblyman Rocky Chavez.

I shared how I became involved with CPA, which is a non-profit, non-partisan membership organization established in 2007 as a coalition of manufacturing, farming, ranching, and labor to fix the U.S. trade deficit and the economy. CPA uniquely joins these distinct groups and focuses on both grass roots and Washington, D. C. lobbying efforts. CPA educates business, organization and political leaders about the economic harm caused by the trade deficit, methods to correct the deficit, and the need to develop and implement a national strategy to produce more in the U.S. so jobs and the taxes they create stay in the U. S.

When I was researching and writing the chapter “What is being done now to save American manufacturing?” for the first edition of my book in 2008, I found many trade and professional organizations that were focused on a particular issue important to their industry or profession, but there didn’t seem to be any collaboration between the organizations to support or oppose issues that affected American manufacturers. The two most powerful organizations, the National Association of Manufacturers and the U. S. Chamber of Congress seemed to be controlled by the large multinational corporations whose position on various issues were at odds with those of smaller American-only manufacturing corporations.

After my book was published in 2009, I met Ian Fletcher, author of Free Trade Doesn’t Work:  What should replace it and why, and he introduced me to CPA when he became their Sr. Economist in early 2011. I realized this was just the kind of organization I had been looking for and started participating in their member-at-large monthly conference calls to share what we were each doing to work on issues adversely affecting American manufacturing.

I volunteered to help CPA put on a Smart Trade Conference on March 28, 2012, and one of the people that attended was Donna Cleary, Field Rep for State Senator Mark Wyland. She asked CPA to facilitate putting on a manufacturing summit in the fall. Because of the national election, we postponed the summit to February 2013, which gave us more time to solicit partners and sponsors. Our partner list became the “who’s who” of organizations in San Diego, and the summit was very successful. In addition to being a bi-partisan event, what made it different was that we broke into small groups after the main presentations and conducted “pair wise” voting on issues to come up with the top two issues: California regulations and the need for a national manufacturing strategy.

We formed a Manufacturing Task Force and produced a report that we disseminated to all of the attendees and subsequently presented to our Congressional delegation. We also presented CPA position papers on the trade deficit, currency manipulation, County of Origin labeling, Border Adjustable Taxes, and “Fast Track” Authority for the proposed Trans-Pacific Partnership Agreement (a trade and global governance agreement being negotiated by the U.S. with eleven Pacific Rim nations).

We sponsored a viewing of the film “Death by China” in September, which clearly shows that we are in a trade war with China that we are losing, and American companies aren’t competing against Chinese companies, but the Chinese government itself.

The next speaker was Mike Dolan, Legislative Representative for the Teamsters, who said, “If CPA didn’t exist, we’d have to invent it.” His basic point was that, based on his long experience working on the Hill and in the field for Fair Trade (fighting expansion of the flawed and failed NAFTA/WTO model), we can win the current battles of the Trans-Pacific Partnership and Fast Track if and only if we build and maintain a strong bipartisan mobilization. He called the TPP “NAFTA on steroids.” He doesn’t see a path to victory next year on sensible trade policy without the Coalition for a Prosperous America and the constituencies it represents — small business, particularly in industries that are sensitive to trade fluctuations, family farmers and ranchers, working families and “trade patriot” activists including the Tea Party cadres.

Bill Bullard, CEO of R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) was the next speaker. He said they joined the Coalition because their industry was being unfavorably impacted by current U. S. trade policies and unfair trade practices by our trading partners. He said, “The number of privately owned cattle and sheep ranches has been going down dramatically since 1994 when NAFTA went into effect and accelerated after China became part of the World Trade Organization (WTO) in 2000. The size of the beef and sheep herd has been decreasing every year, while imports of beef, lamb, and mutton have been increasing.” Shockingly, he revealed that fast food restaurants are not required to disclose the origins of their beef and even when restaurants say the beef is “U.S. Inspected,” it is as likely as not to be imported. Their industry especially needs the government to provide consumer package labeling to show where meat and livestock was born, raised and slaughtered and to reverse the current policy of lowering U.S. health and safety standards just to facilitate more imported meat.

CPA President Michael Stumo presentation was “A Prosperity Strategy for America,” in which he stated:  “We are convincing Congress that we need “net exports,” not merely more exports, to be a successful trading and producing nation. In 2011, our trade deficit shaved an astounding 4% from overall U. S. GDP. We should have a national goal to grow manufacturing back up to 20% of GDP rather than 11%.

Supply chains are the lifeblood of our economy, and all tiers of suppliers to the OEMs are important. They produce the jobs, the job multipliers, the wealth, the innovation, and the intellectual property of a successful developed economy. Those in Washington who are pushing “global supply chains” are really pushing offshoring of our supply chain. We need a strategy of acquiring, keeping, and growing “domestic supply chains” for a strong America.

We need to stop offshoring our manufacturing jobs and the taxes they create to safeguard our economic strength, our democracy and our constitutional republic. The globalization agreements like the Trans-Pacific Partnership are only 15% about tariffs and quotas and 85% about non-trade topics. These other topics include financial regulation, taxes, food and product safety, product labeling, government procurement of domestic supplies, and other matters. These globalization deals transfer the authority of Congress and states over these domestic policy issues to unelected international tribunals of foreign trade lawyers.

The old way of manufacturing and labor working separately for their interests no longer works. These issues are a macro problem for our country and affect all Americans. That’s why manufacturers, farmers, ranchers and workers must work together.

It is working. A large part of Congress signed a letter opposing Fast Track trade authority because of sovereignty and economic issues. Leadership on important committees is talking about net exports rather gross exports. A majority of the House and Senate signed a letter calling for effective protections against foreign currency manipulation in future international agreements. We need to win. Vince Lombardi said ‘winning isn’t everything… it’s the only thing.’ We can win these issues by expanding our membership of individuals, companies, and organizations and expanding from eight state chapters to at least 25 chapters.”

In the wrap-up presentation, Dave Frengel, Director of Government Relations, Penn United Technologies, a precision tool making company, said, “We have 600 employees today, but if our government had been standing up for us against China’s unfair trade practices, we would have 1200 employees, most in family-sustaining jobs with good benefits. Unfair trade affects the entire U.S. supply-chain, not just our company. Our government has been turning its back on production of food and manufactured goods. Our precision tooling and manufacturing industry, which is critical to America’s industrial economy, is a third of what it was before this era of bad U.S. trade policy began. The resulting loss of jobs is huge.”

He continued, “When I was asked by my boss to “fix trade” 11 years ago, we tried working within the National Association of Manufacturers, but our voice and that of other American-only manufactures was ignored. We realized that we needed to join not only with manufacturers and concerned citizens, but with farmers, ranchers and workers to win. We realized that the mission would not be accomplished through existing organizations – we needed a new organization to get the job done. That is why we were a founding member of CPA.

For nearly seven years now, CPA has been holding events all over the nation to raise awareness and mobilize local leaders around trade reform issues. CPA members and staff made over 200 legislative visits this past year. The credibility and influence of CPA is growing and our trade reform message is becoming more convincing as we continue to have crucial conversations with a growing circle of trade policy leaders in Washington, D. C.

We are opening new doors with trade negotiators inside the Obama Administration, the House Ways and Means Committee, and the Senate Finance Committee. Our efforts helped gain massive Congressional opposition to Fast Track trade authority and in support of our constitution. Our efforts helped gain a majority of Senate and House support for effective currency manipulation provisions in all future trade deals.

The Chinese will negotiate forever without changing their predatory trade strategies. We need protection from those who cheat us, which requires strong enforcement of international trade rules by our government. We can compete against foreign companies, but not against foreign governments that rig markets to cheat us out of our share of markets. The Coalition for a Prosperous America works for trade reform that delivers prosperity and security to America, its citizens, factories, farms, and working people. The solutions that CPA focuses on will benefit those who make and grow things here.”

In conclusion, he stated, “We are gaining more GOP support, more Democrat support, more Tea Party support, more citizen support, and more producer support. This year, we’re starting to win – because of the growth in size and influence of the Coalition for a Prosperous America. We need to get stronger. We need you to consider joining CPA as an individual or a company member or to make a tax deductible donation to the CPA Education Fund.”

Bad U. S. trade policy is a major cause of California’s economic crisis. Offshoring has cost California hundreds of thousands of its manufacturing jobs. Family members lost good jobs; communities declined; property values plummeted. We Californians know that we need a smarter U.S. trade strategy.

As a fledgling chapter, we are already influencing the trade policy positions of San Diego’s Congressional delegation, but need to grow to influence the other 48 Representatives and our two Senators to support better trade deals that will grow our economy. This is not a Republican issue nor a Democratic issue, but an American issue, and they must vote right to properly represent California. We need to get stronger and grow to accomplish our goals. We need your involvement and financial support to make a difference. Please contact me at michele@savingusmanufacturing.com to participate in the California Chapter.

Innovation Thrives in San Diego

December 10th, 2013

At a time when some pundits are saying that innovation is lagging in the United States, the annual CONNECT Most Innovative Product Awards luncheon on Friday, December 6th demonstrated that innovation is thriving in San Diego, California. More than 700 attended the awards ceremony to recognize cutting-edge local innovations.

This “red carpet” event is CONNECT’s largest and most prestigious event, attracting more than 700 of the region’s top business leaders, researchers and capital providers. CONNECT honors   San Diego’s world-renowned celebrities of innovation along with the groundbreaking new products launched in the last year. The MIP Awards is to San Diego’s technology industry what the Academy Awards™ is to the movie industry. More than 100 San Diego based companies competed in the rigorous judging process representing a broad range of companies across nine categories.

“The success of the MIP Awards continues to be driven by the impressive and growing number of innovative technology and life sciences companies based here in San Diego County,” said Tyler Orion, interim president, CONNECT. “In the 26 years CONNECT has been spearheading the MIP Awards, we’ve never seen such a well-qualified group of nominees – it’s always a difficult decision to select the most innovative products of the year, and we congratulate all of the winners on their noteworthy achievements.”

CONNECT was founded in 1985 as a regional program of the University of California, San Diego (UCSD) to catalyze the creation of innovative technology and life sciences products in San Diego County by linking inventors and entrepreneurs with the resources they need for success. In 1986 UCSD Diego hired Bill Otterson, Chairman of Lexocorp, to head CONNECT. Over the following 13 years, Otterson and Mary Walshok, Associate Vice Chancellor of Extended Studies and Public Programs at UCSD built CONNECT into an internationally renowned program.

To better serve the entire research community, CONNECT spun-out of UCSD in 2005 and formed the CONNECT Association, a 501c6 trade organization, and CONNECT Foundation, a 501c3 charitable foundation. As a result of spinning-out from UCSD, CONNECT has been able to broaden its mandate to include public advocacy work on behalf of its members through the trade organization.

Since 1985, CONNECT has assisted in the formation and development of more than 3,000 companies that have attracted more than $2 billion in investment capital through its “flagship” Springboard program. Springboard is a free program that is open for enrollment to innovation companies in the Southern California region. Springboard assists companies in proving their business model and developing a compelling commercialization strategy.

Companies accepted into the program are assigned expert business advisors who coach the company throughout the process which includes feedback from financial, marketing, legal and commercialization experts, as well advice from industry executives and the opportunity to dry run presentations and pitches.

After completing Springboard, companies that are considered suitable and ready for investment by angels, venture capital and/or corporate investors, move on to participate in the Springboard Capital Competition.

The winners of the 2013 MIP Award contest are:

Aerospace and Security Technologies

Cubic Defense Applications for One Shot

One Shot is a breakthrough in long-range targeting accuracy that automatically measures and corrects for all aiming errors including-for the first time ever-downrange crosswind speed and direction. It gives our warfighters a decisive battlefield advantage. Cubic is the world’s leading provider of realistic air and ground combat training systems for national military and security forces. Infantry troops, aircrews, and security forces all draw upon the realism gained from using our training systems to help them effectively perform their mission.

Communications and IT

iboss Network Security for iboss Cloud Web Security with Device Management

iboss Cloud Web Security with Device Management provides SaaS mobile device web security and management enabling organizations to safely integrate mobile technology. Utilizing the cloud, MobileEther secures company data, protects against web threats and ensures industry compliance seamlessly within minutes.

Hardware and General Technology

Nextivity, Inc. for Cel-Fi RS2

Cel-Fi is a smart signal booster that maximizes a user’s indoor wireless experience by eliminating in-building dead zones. Cel-Fi increases wireless data speeds and eliminates dropped calls for wireless subscribers by boosting signal strength from one bar to five bars.

“We are incredibly proud that Cel-Fi has received San Diego’s most prestigious honor for innovation,” says Werner Sievers, CEO of Nextivity. “The award is testament to the exceptional design and world-class engineering that goes in to developing the world’s only all-digital, one hundred percent wireless smart signal booster. Our team continues to push the boundaries in design excellence, ensuring Cel-Fi meets the stringent testing criteria laid out by carriers worldwide to solve indoor coverage issues for wireless subscribers.”

Life Sciences-Diagnostics and Research Tools

Life Technologies for Ion AmpliSeq Exome

Ion AmpliSeq Exome Kit isolates key regions of the genome with unparalleled ease and speed, leveraging PCR, a routine lab technique. Taking six hours instead of several days, this provides the simplest, fastest exome sequencing solution for researchers studying disease.

Life Sciences-Medical Products

Isis Pharmaceuticals, Inc. for KYNAMRO

KYNAMRO is the first FDA-approved, systemically delivered, antisense drug and a product of Isis’ drug discovery technology platform. KYNAMRO is designed to inhibit LDL-cholesterol formation and is marketed to treat patients with HoFH, a genetic disease characterized by severely high LDL-cholesterol.

Mobile Apps

OneHealth Solutions, Inc. for OneHealth

OneHealth is the leading HIPAA-compliant mobile application combining social technology, game mechanics and clinical principles to support chronic condition and behavioral health patients. Through real-time peer support, OneHealth Experts and evidence-based clinical resources, patients actively manage their conditions anytime, anywhere.

“OneHealth is a pioneer in delivering an integrated web and mobile-based health service that provides users with the tools and real-time support they need to better manage their health goals and lead healthier lives,” said Bruce Springer, CEO of OneHealth. “Our mobile app includes best-practices from nearly five years of implementing our web-based platform, bringing a “healthy support in your pocket” approach to encourage healthy living, drive patient compliance and reduce risk to ensure better health outcomes. This award is an honored recognition of our goal to make healthier living more accessible for everyone when they need it most.”

Software

Emotient for FACET

Emotient is the leading authority in facial expression recognition. Emotient’s flagship product is FACET, a software development kit for automatic emotion detection. Emotient’s technology translates facial expressions into actionable information, enabling companies to develop emotion-aware technologies and create new levels of customer engagement.

“We are honored that FACET received such prestigious recognition from CONNECT,” said Ken Denman, CEO, Emotient. “Emotient’s scientific co-founders are widely regarded as pioneers in applying machine learning, computer vision and cognitive science to facial expression analysis. We look forward to seeing our FACET emotion recognition technology deployed for broad consumer, marketing, healthcare and business use.”

Sport & Active Lifestyle Technologies

Hookit for Hookit Athlete Index

Marketers invest $12B in athlete endorsements every year to capture a piece of $1T plus they impact in consumer spending. Hookit has created the first ever tool to track and monetize athletes’ real-time influence in today’s complex world of digital media.

Sustainability

Achates Power, Inc. for Achates Power Opposed-Piston, Two-Stroke Engine

Achates Power has developed radically improved internal combustion engines that increase fuel efficiency, reduce greenhouse gas emissions and are lower cost. These engines meet the U.S. military’s stringent requirements for power density, fuel efficiency, heat rejection and multi-fuel capabilities.

In my interview, David Johnson, President and CEO, stated, “We were thrilled to win the CONNECT MIP award. Since our 2004 founding, we have worked hard to perfect the opposed-piston engine architecture and our technology is extremely well suited to the needs of the military—providing superior fuel efficiency, high power density and low heat rejection. This is what sets us apart from the competition including, in this case, the incumbent technology.”

Distinguished Contribution Award

In addition to the nine companies honored for their outstanding new products, the Distinguished Contribution Award for Life Sciences and Technology Innovation was awarded posthumously to former Chief Executive Officer, Duane Roth, who passed away in August. Duane’s brother Ted accepted the award, followed by an inspiring tribute video honoring all that Duane did for the San Diego region. The Distinguished Contribution Award for Life Sciences and Technology Innovation is bestowed annually to honor individuals in San Diego who, through business activities and community involvement, have encouraged innovation, diversity of thought and the advancement of local entrepreneurs. A lover of innovation and technology and a true community cultivator, Roth was beloved in the community for serving as an inspiration, a leader, a mentor, a role model, an advocate and friend. Roth’s many contributions to local entrepreneurs and the San Diego innovation economy coupled with his infectious spirit will live on as the award will be renamed in his honor as the Duane Roth Distinguished Contribution Award for Life Sciences and Technology Innovation.

California has a bad rap for an unfavorable business climate with regard to taxes and regulations, but entrepreneurs are still choosing California as the location for starting and growing their technology based companies. San Diego has a great deal to offer these companies to help them succeed and grow starting with the San Diego Inventors Forum (about which I have written previously), CONNECT’s various programs, the CommNexus EvoNexus incubator, and the large pool of angel investors that comprise the TechCoast Angels. San Diego continues to grow more companies than it loses to other states. However, when a company grows to the point that it is acquired by an out-of-state public company, it is often moved to another state by the new parent company. Governor Brown and our state legislators could remedy this situation by improving California’s overall business climate.

Country of Origin Labeling is Critical to Buying American and Must be Improved

December 3rd, 2013

On January 15, 2013, Walmart and Sam’s Club announced that they will buy an additional $50 billion in U.S. products over the next 10 years. “…by increasing what it already buys here – in categories like sporting goods, apparel basics, storage products, games, and paper products, and by helping to onshore U.S. production in high potential areas like textiles, furniture and higher-end appliances.”

The news release stated, “A popular misconception about Walmart is where the majority of the products on its shelves are sourced. According to data from its suppliers, items that are made here, sourced here, or grown here account for about two-thirds of what the company spends to buy products at Walmart U.S.”

Since 11 months has passed since Walmart’s announcement, I wanted to see if the company was living up the claims of their press release. So I visited two Walmart stores in San Diego to see if I could find products with “Made in USA” labels. I spent a couple of hours going through various departments. In the clothing departments for men, women, boys, girls, and babies, I only found one “Made in USA” label on a team logo shirt made by Intex in the sports team department. The majority of clothing in all departments had “Made in China” labels, but there were also labels for clothing made in Bangladesh, Cambodia, El Salvador, Honduras, Jordan, Nicaragua, Pakistan, and Vietnam.

When I browsed the small appliance and furniture departments, I found only “Made in China” products. I was especially disturbed to see only “Made in China” labels for everything in the baby department: car seats, cribs, infant seats, playpens, strollers, swings, etc.

Since Walmart pledged to buy more “Made in USA” textiles, I made a point to check the labels of all the products in the Bedding department. I found sheets made in China, India, and Pakistan, but all of the comforters, blankets, bedding sets, pillows, towels, bath rugs, and throw pillows were made in China. It was interesting to find two brands of foam mattress pads (Intex and Mainstay) made in America that were cheaper than the brands made in China.

I browsed the sporting goods department carefully and was pleased to find Exxel sleeping bags made in America. I wrote about this company in the second edition of my book as an example of a company that “reshored” manufacturing; that is, returned manufacturing to America from offshore. “In 2007, 60 percent of Exxel’s sleeping bags were made in Shanghai, while Haleyville [Alabama] produced the rest. By 2009, only a third came from China, and by 2010, Haleyville accounted for 90 percent. ‘Labor is China’s advantage and our weakest link,’ Kazazian said. ‘But they can’t compete with me on my just-in-time production cycle.’”

I did find one model of Coleman coolers (a blow-molded plastic model) “Made in USA,” but all other models were made in China. All of the weights, exercise balls, golf clubs, tents, air mattresses, and sports balls were made in China.

Regarding paper goods, you can find “Made in USA” cards in the gift card section, but they are outnumbered by a 3:1 ratio by “Made in China” cards.

I didn’t have time to check labels in the grocery department, but am sure that I would have found the same labeling information I am accustomed to seeing as I noticed that they carry the same brands that I regularly buy at my local grocery store.

The problem with food labeling is that Country of Origin (COOL) Labeling rules defined by the U. S. Department of Agriculture (USDA) leave some loopholes that mean consumers are not getting all the information they need to make informed buying decisions.

For example, seafood has been covered since 2005, and raw seafood requires a label, but if it is cooked or smoked, no label is required. Since 2009, beef, poultry, lamb, goat, some nuts (peanuts, pecans and macadamias), fresh and some frozen fruits and vegetables, and ginseng have to be labeled with their country of origin. However, this requirement applies to retailers (grocery stores), but is not required at restaurants or specialty markets (like fish markets, butcher shops or roadside stands).

The USDA rules for COOL exempt “processed” versions of the foods, and unfortunately, USDA defines the word “processed” in the broadest way they could, so that the maximum amount of food is exempted from labeling. The rules now exempt things that are:

  • cooked, roasted, smoked or cured
  • combined with one other ingredient

This means that all of the frozen meals that you warm up in your microwave have no Country of Origin labels for the ingredients of the meal. The packages just provide “Distributed by” information. The rule that adding one ingredient exempts products from labeling means that lots of frozen vegetables (think peas and carrots) and salad mixes don’t have to be labeled.

Most nuts sold in grocery stores are roasted, so they aren’t labeled. Meat that is cooked, roasted, smoked or cured doesn’t require COOL labeling, so a lot of product in the pork section of the meat case is exempt because it is smoked or cured.

An example of labels that are misleading is the “Product of Canada” labeling on Gorton’s gilled Tilapia packages. Since tilapia is a warm water fish, my husband recently inquired as to where their tilapia is raised. The email reply from Gorton’s Customer Service said:  “All of our tilapia is produced (finished and packaged) in facilities located in either the U.S. or in Canada. All of our coatings, glazes, breading, and flavors are produced in the US and Canada. Our tilapia is aquacultured (farm-raised) fish raised in freshwater ponds and lakes, primarily in China and Indonesia. All of our tilapia is from Best Aquaculture Practices (BAP) or Aquaculture Stewardship Council (ASC) certified facilities. Gorton’s goes beyond FDA standards to ensure that our tilapia is safe and of the highest quality. We work with only a few, carefully selected tilapia growers who share our dedication to producing only high quality, safe products. In addition, we inspect every lot of tilapia in our own raw material inspection and safety testing facility. Regardless of where our seafood is caught and processed, Gorton’s uses strict, rigorous quality control processes to ensure that we provide you with the safest, most wholesome and delicious seafood products on the market.” The good news about Gorton’s fish products is that the labeling on their grilled salmon states “Made with 100% wild-caught salmon.”

Another example of a misleading labeling is the new label on some of the Starkist tuna products as part of their recently launched its “Made in America” campaign to celebrate its 50th anniversary in American Samoa… The new American flagged themed labels are on 12-ounce cans of “chunk light” tuna processed in American Samoa – an American territory, so technically it’s made in America.

 

However, according to a U.S. General Accounting Office report, “…more than three-quarters of cannery employees were foreign workers from neighboring Samoa, an independent country.” The workers are far paid less than the U.S. minimum because Congress passed legislation that delayed for Samoa the minimum wage increases that went into effect for the rest of the country. “The minimum wage in American Samoa’s canning industry is set at $4.76 per hour and will not increase until at least 2015.”

In addition, it’s nearly impossible to verify the issue of where the fish is caught and if the fish were caught by U.S. flagged vessels. An article in Undercurrent News states, “While it may seem important to know whether the majority of the fish is caught — in US waters or outside of them — it is not, as far as the US government is concerned. ‘ As long as a US-flagged vessel catches the fish, the US government considers it to be US fish, ´ said Peter Flournoy, a lawyer for commercial marine harvesters. He added, ‘This includes fish caught outside of US waters.’”

Besides ensuring food safety, one of the goals for knowing the Country of Origin for products is to promote the creation of jobs for Americans. The current loopholes for labeling of products such as Starkist’s chunk light tuna are certainly not contributing to achieving this goal.

I’m sure few Americans know that Starkist is now a U. S. subsidiary of the Korea-based tuna giant Dongwon Industries, which means that when American consumers buy Starkist tuna, they are buying a product of a Korean company selling fish caught in international waters, packaged in American Samoa by foreign workers making less than the minimum wage.

We need to make Country of Origin (COOL) Labeling mandatory for all processed food, including frozen meals, vegetables, as well as canned food such as tuna. We could start by requiring that all ingredients representing 25 percent or more of the product be identified by country of origin on the label, including where fish are being farm raised.