Posts tagged as:

bailout legislation

Buy America, By America, Bye America: Huh?

by John Richardson on February 9, 2009

As members of Congress and the Obama Administration hammer out the details of the economic stimulus package, a debate has erupted about  “Buy American” provisions in the legislation.  Whatever the outcome, the concept, “Buy American” is a muddled anachronism in today’s world. The very term does injustice to ensuring that working Americans get a fair share of the economic pie in the coming years.

Back in the Old Days

57 ChevyThe notion of “Buy American” dates back many years to an era when American cars were made in America, the U.S. steel industry was robust and consumers could buy clothing, televisions and household goods without giving a second thought about where the products were made. China was kept in the dining room, Japanese made products were the laughing stock of consumers and most Americans couldn’t find many Southeast Asian countries on a map.  But the very definition of the term was and remains a moving target. The world as we knew it then has disappeared, replaced with one where most consumer products are made in those very places we laughed about or vaguely knew existed.

When Good Is Bad and All is Unclear

What does “Buy American” mean exactly? Consider the following possible definitions:

  • Buy American branded products (Ford cars, General Electric light bulbs, Levis jeans).
  • Buy from or do business with American companies (Bank of America, Stop-And-Shop, Verizon).
  • Buy goods made by American workers.

How we choose to define “Buy American” gives us very different answers with each definition posing a separate set of problems.

Backers of the Buy American provision in the current Congressional legislation make a simple argument. “If we’re going to try to create American jobs, we need to direct stimulus money to American firms,” says Scott Paul, executive director of the Alliance for American Manufacturing.

Unfortunately, Mr. Paul mixes his terms a bit and herein lies the problem. It’s worth noting that the House version of the bill would require that:

None of the funds appropriated or otherwise made available . . . may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in the project is produced in the United States.

The provision could be waived if . . .  it would be inconsistent with the public interest; [or] iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or inclusion of iron and steel produced in the United States will increase the cost of the overall project by more than 25 percent.

The provision would apply to airports, bridges, canals, dams, dikes, pipelines, railroads, multiline mass transit systems, roads, tunnels, harbors, and piers.

The Senate bill would go further, extending the domestic content requirement to all manufactured goods used in infrastructure projects.  Neither bill makes any mention of using products from American companies. However, this is the way many observers tend to define the term.

Let’s take a moment and look at automobiles. Today, we can hardly argue that American automobiles manufactured by Ford, GM and Chrysler are made 100% in America. “In model year 2006, vehicles built by foreign-owned car makers at assembly plants located in the U.S. and Canada for sale in the U.S. had 66.2% domestic content. This level is only slightly below the 79.4% recorded by the Detroit Three. Furthermore, the gap in the level of domestic content between foreign-owned carmakers and the Detroit Three has narrowed substantially since 1997, when foreign-owned car makers had only 52.5% domestic content compared with 85.7% for the Detroit Three.”

However, even the proponents of “Buy American” make the mistake of using the “Buy a Chevy” argument in supporting their position.

So here is my question: Does the notion of “Buy American” make any sense in the 21st century global economy?

Buy American: An 8 Track Tape in an iPod World

The first question in my mind is to understand what “Buy American” language really means. As it applies to 8-Track and iPodthe purchasing of iron and steel, the legislative definition noted above is adequate. However, it becomes muddled when applied to other manufactured goods.

The argument that we should support American companies with this legislation fails. By and large, the companies we speak of here are publicly traded global businesses. They gave up on the American worker for the most part decades ago. Listening to their trade association flaks on this issue, “Buy American” is ridiculous. Outside of steel, most U.S. manufacturers would be sidelined if a full-blown domestic content provision were to be enacted.

Moreover, U.S. companies are no longer U.S. owned in the strictest sense. A quick look at the institutional ownership in most public companies reveals a mishmash of foreign and domestic shareholders.

Create Jobs Not Rhetoric

Unemployment StatisticsThis then takes us to the real question, which is whether or not a provision of the economic stimulus legislation should be included that protects American steelworkers. The banking industry has certainly received protection from Congress. There is a certain measure of fairness in supporting the domestic content provision.

Protecting American steelworkers to the degree that Congress has protected American executives is the right thing to do. However, framing the debate in this antiquated patriotic rhetoric is counterproductive.  The time has come for those who support the notion that American workers deserve something other than the shaft that they have received for the last 25 years to come up with a better way to bring some balance to our economic system. This will require more than a policy slogan susceptable to an intellectual attack. Retooling our thinking about the importance of all Americans, not just those with the means to wield power in Washington, is the key.

Popularity: 13% [?]

Sphere: Related Content

  • Share/Bookmark

{ 0 comments }

Farmer Paulson Slops the Hogs

by John Richardson on November 5, 2008

The Wall Street bailout legislation, formally known as the Emergency Economic Stabilization Act of 2008, includes limits on compensation for executives of companies receiving taxpayer support.  So what does this mean for taxpayers who are footing the bill?

istock 000003742646xsmall Farmer Paulson Slops the Hogs

Not much.

Unfortunately, as drafted the provisions are practically meaningless and will do little to limit the gross payouts already available for these executives. Section 111 of the Act only restricts compensation paid to the top five executives at these companies. In addition, it provides for the recovery, or “claw back,” of ill gotten compensation, that is, performance pay received based upon materially inaccurate financial information.

The “big” provision that has both Republicans and Democrats squealing to their constituents is the provision in the Act that bans payments of “golden parachutes.” These are executive severance agreements that usually pay executives when there is some sort of change in control in the company or, as is often the case, when the executive is fired.  This later provision only applies as long as the federal government holds an equity or debt position in the company.

As noted in last week’s Wall Street Journal, the stakes are significant. The paper reported that executives of financial institutions receiving federal assistance are owed more than $40 billion for past years’ pay and pensions.  Deferred compensation coming due includes $11.8 billion at Goldman Sachs Group Inc., $8.5 billion at J.P. Morgan Chase & Co., and $10 billion at Morgan Stanley.

Since most of these firms haven’t set aside the cash required, they are a drag on current earnings and will be paid out of the corporate coffers.

The liabilities are an essentially a hidden obligation. Even when the debts to their executives total in the billions, most companies lump them into “other liabilities” and only a few of the companies identify amounts attributable to deferred pay.

In today’s Financial Times, it was noted that these Wall Street firms have promised not to use public support to pay these executives’ bonuses.  Bank of America, Bank of New York, Citigroup, Goldman Sachs, JPMorgan Chase, Merrill Lynch, Morgan Stanley, State Street and Wells Fargo all promised to pay salaries and bonuses from existing cash resources.

So lets walk through this scenario and look at the situation at Morgan Stanley.

The company received a capital infusion of $10 billion from the federal government. They stick their newfound money in their corporate pocket (this is a really big pocket by the way) along with their other cash reserves. Let’s say that tomorrow is “bonus day” at the company.  Colm Kelleher, Morgan Stanley’s Chief Financial Officer reaches deep into the company “pocket” and pulls out $21,015,689, which he intends to use to pay himself (this is the total compensation that Mr. Kelleher received in 2007 according to company filings).

“Ooops! That looks like “government” money. Back in it goes,” he muses. Digging around for “loose change,” he eventually finds some “corporate” money and marches off to his bank in the Hamptons where he can console himself over the terrible financial crisis facing America.  This shell game would be laughable if it weren’t our money!

Meanwhile, our leaders in Congress are calling on the government to tighten restrictions on executive pay for these institutions receiving our money. House Speaker Nancy Pelosi and Senate Leader Harry Reid are wringing their hands with concern.  If their last attempt at reining in executive compensation is any measure, we shouldn’t expect real reform anytime soon.

The task of holding corporations responsible for grossly excessive executive pay falls squarely on shareholders. The only problem is that, in years past, the Securities and Exchange Commission has prevented shareholders from raising compensation issues in the form of shareholder resolutions, arguing that such matters constitute “ordinary business” that is exempt from proper shareholder consideration. Let’s hope that, given the massive public policy issues raised by using public funds for executive compensation, the SEC will reconsider its policy in regard to this important matter.

Stay tuned.

Popularity: 6% [?]

Sphere: Related Content

  • Share/Bookmark

{ 1 comment }