What Has Washington Done for to you Lately? Presented by Miles Free, PMPA Omar S. Nashashibi, The Franklin Partnership, LLP October 27, 2017
Your Team in Washington, D.C. Lobbying Firm The Franklin Partnership, LLP Bi-partisan Washington, D.C.-based government relations firm 80 years combined experience; representing manufacturing industry since 2003 Lobby White House, Federal Agencies, Congress, Interest Groups Clients include: Manufacturing associations, defense manufacturers, hospitals, cities
The Government Affects Every PMPA Member U.S. Manufacturers face a 17-20% global competitive disadvantage Highest Tax Rate Among all OECD Nations - U.S.A. Ranks 134 in world - United Arab Emirates is 135 95,894 Federal Register Pages in 2016 Regulations cost $1.806 Trillion in 2012 Regulations cost $19,564 per mfg employee Cost $34,671/employee for small mfg biz
PMPA Reversing Regulations Saving Your Resources Blocking Overtime Increase to $47,764 Affected Everyone - avg. PMPA clerical salary: $35,068 Recordkeeping Rule Reversed 80% of PMPA members spend over 100 hours on paperwork OSHA Workplace rule delayed PMPA members spend hundreds of hours on OSHA compliance Waters of the U.S. $155,000 avg. cost of environmental review permit Clean Power Plan raise electricity costs by 6-20% annually 68% of members spend over $100k on electricity Eliminating TCE would cost PMPA member $350,000-500,000; Industry would lose $902m in sales Persuader rule sought to divide companies, promote unions
Regulations A Total Overhaul Cutting EPA s Budget by 25%; 3,000 Layoffs; 19% Staff Reductions - Clean Power Plan, 54.5mpg Fuel Efficiency Standards, Ground Level Ozone, Waters of the U.S. rewrite begins - Chemical regulation to continue? TSCA fees; Trichloroethylene; Chlorinated Paraffins Some OSHA Activity May Continue, For Now - Electronic Recordkeeping Form 300A online data filings start - Fighting Lockout/Tagout Rule, elimination of Beryllium - Volks 5 year recordkeeping decision overturned; Persuader Rule withdrawn - Voluntary Protection Program under review Others: NLRB; SEC; DOL - Court overrules Overtime Pay Threshold - Dept. of Labor Fiduciary Rule delayed - EEOC wage, gender reporting EEO-1 on hold - Even if Conflict Mineral Rule repealed, most companies will continue enforcement
Association Health Plans (AHPs) Executive Order issued October 12, 2017 Changes the definition of employer under ERISA - Possibly expand commonality-of-interest conditions - McCarran-Ferguson Act of 1945 granted states authority to regulate health plans, exempted large employers Allow Associations to Create Plans for Members Offered Across State Lines Within 60 days Treasury, Labor, HHS to consider coming up with regulations Within 180 days agencies conduct review of state/federal regulatory obstacles Within 120 days also explore ways to expand Health Reimbursement Arrangements (HRAs) Cannot block employee from joining a plan; premiums cannot be based on health conditions Exempt from Essential Health Benefits requirements Challenges Remain - Those Opposed: State Insurance Commissioners, Insurance Companies - Affordable Care Act supporters say healthy people will sign up, undermining marketplace for preexisting conditions - Failure of MEWA s in 1980 s was undercapitalization
$ PMPA Members Save Millions in Tax $ Once Expired, Section 179 Equipment Expensing now Permanent - PMPA members claimed on average $370,000 in Section 179 Expensing (2014) Bonus Depreciation Extended Through 2019 - PMPA members report $188,000 in Bonus Depreciation for equipment Now Permanent, R&D Tax Credit Expired 16 Times - PMPA members claim $40,000 in R&D annually Medical Device, Cadillac health care taxes delayed Section 179 - $370,000 + R&D Credit - $188,000 + Bonus Depreciation - $40,000 $598,000 average saved per PMPA company ANNUALLY!!! PMPA Member Todd Kriegel Testifies before Congress on taxes
GOP Tax Plan Unveiled Sept. 27 Business Expensing Sec. 179 Equipment Expensing; Bonus Depreciation 5 years 100% business expensing starting Sept. 27, 2017
Tax Reform Timeline House and Senate need to pass budget resolutions - Reconciliation process only requires 50 Senate votes - Cannot create deficits beyond ten years House Ways and Means Committee hopes to release draft Nov. 1 st Speaker Ryan wants House vote by Thanksgiving IF bill passes House, Senate will take at least several weeks to consider Democrats excluded so far Plan was to finalize tax reform in December Last chance to move any real measure likely March 2018 (before primaries)
Challenges for Tax Reform Tax cuts for ultra wealthy vs. middle class No tax cuts for over $1 million? Cost to deficit (tax cuts pay for themselves) Permanent tax cuts vs. temporary reductions Ability to deduct business loan interest Elimination of Estate Tax Limitation of Mortgage Deduction Elimination of State and Local Taxes - Half of most vulnerable House GOP from CA, IL, NY, NJ 57% want tax cuts for small biz 54% agree corp. tax cuts create jobs However 55% say raise taxes on corporations 62% say raise taxes on wealthy
Only 22 Days to Thanksgiving, then the Senate
Trade NAFTA, Steel, Aluminum Tariffs Withdrew from Transpacific Partnership (TPP) Agreement on Day One - U.S. wants Japan economic dialogue discussions, UK, India, Indonesia possibly next NAFTA Renegotiations Round 5 of 7 - Goal is to balance the trade deficit - Increase Rules of Origin from 62.5% to 85%; include 50% U.S. Domestic Content - Possible sunset provision: if certain level not achieved, NAFTA automatically phases out - USTR Congressional notification sent; March 21 earliest Trump can sign new agreement - Congressional vote could take another 4-6 months after signing Tariffs, Import Quotas on Steel, Aluminum - Commerce Department 232 Investigations into impact of imports on national security - Currently targeting 25-35% tariffs/import quotas and on steel/aluminum products - Possible action in January 2018 (delayed from June 30) - Steel imports up 20% ; Chuck Schumer blocking Commerce nominees until tariffs imposed
Impact of Tariffs on PMPA Members Avg. PMPA member spends $2.3 million on Steel annually - A 25% tax on steel costs from June 30-Sept. 30 would cost avg. member $125,000 ($500,000 annually!) PMPA members must import leaded steel - Leaded steel is 1/3 of foreign steel PMPA members use High precision, high quality bars for medical only made in Europe PMPA member Tracy Skupien met in July with Commerce Secretary Ross in person - Do not want to shift injury from steel producers to consumers - Aluminum increasingly important to PMPA members - Request to consider impact on downstream industries
Half PMPA Shops Have Jobs Reliant on NAFTA Number of jobs in shop that are reliant on trade with Canada or Mexico? (37 responding) 0 = 19 9= less than 5 4=between 6 and 10 5 = 20-30 0 less than 5 between 6 and 10 between 20 and 30
Current State of Washington: Confused and Transactional
Some days I feel I need to curl up into a ball. Sec. of State Tillerson
Bob Corker couldn t get elected dog catcher in Tennessee President Trump on Twitter Same untruths from an utterly untruthful president. #AlertTheDaycareStaff Sen. Bob Corker (R-TN)
The Trump, Chuck, and Nancy Show From There to Here?
Remember, Trump is His Own Brand Trump Can Leave the Republican Party, but GOP Can t Leave Him
1,102 Days until 2020 Elections You know you can t wait
2018: Tough Comeback Ahead for Senate Democrats
Key GOP House Races: Pelosi Must Net 24 Seats AZ-02 Martha McSally CA-25 Steve Knight CA-49 Darrell Issa CO-6 Mike Coffman FL-27 Ileana Ros-Lehtinen (retiring) IL-6 Peter Roskam IL-12 Mike Bost KS-2 Kevin Yoder MI-11 Dave Trott (retiring) MI-8 Mike Bishop MN-2 Jason Lewis NJ-11 Rodney Frelinghuysen PA-8 Brian Fitzpatrick TX-23 Will Hurd
Potential Democratic Party 2020 Challengers The Outside DC Beltway Candidates Gov. Andrew Cuomo (New York) Gov. John Hickenlooper (Colorado) Gov. Terry McAuliffe (Virginia) Gov. Martin O Malley (Maryland) - former Gov. Gov. Deval Patrick (Massachusetts) former Gov. Mayor Julian Castro (San Antonio), former Mayor, HUD Secretary Los Angeles Mayor Eric Garcetti (California) The Senators Cory Booker (New Jersey) Kirsten Gillibrand (New York) Amy Klobuchar (Minnesota) Bernie Sanders (Vermont) Elizabeth Warren (Massachusetts) The Money Crowd Oprah Winfrey (philanthropist/former talk show host) Mark Cuban (NBA Mavericks) Howard Schultz (Starbucks) Tom Steyer (Billionaire environmentalist) Sheryl Sandberg (Facebook COO)
Questions? Miles Free Director of Industry Research and Technology PMPA mfree@pmpa.org Omar S. Nashashibi Founding Partner The Franklin Partnership, LLP omar@franklinpartnership.com @mfglobbyist