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Originally Processed With FOIA(s): FOIA Number: S S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Speechwriting, White House Office of Series: Speech File Backup Files Subseries: Chron File, 1989-1993 OA/ID Number: 13806 Folder ID Number: 13806-009 Folder Title: American Business Conference 4/7/92 [OA 7571] [2] Stack: Row: Section: Shelf: Position: G 26 22 4 3 04/06/92 10:43 OMB LEG. AFFAIRS 001/006 MA EXECUTIVE OFFICE OF THE PRESIDENT STINE OFFICE OF MANAGEMENT AND BUDGET STATE STATES WASHINGTON, D.C. 20503 FAX COVER SHEET NUMBER OF PAGES 5 DATE 3/6/92 (excluding cover sheet) TO: Bob Simon Office: Office Phone Number: 7750 Fax Number: 6218 FROM: Kerry Early Agency: OMB Legislative Affairs Office Phone Number: 395-4790 Office Fax Number: 395-3729 Additional Information: following is a list of the bills transmitted by the President to the 101ˢᵗ and 102nd Congresses. one addition to this list is 0 bill transmitted on friday, April 3, 1992 - "freesbm for Russia and Emerging Eurosian Democracies and open Markets support Act of 1992" 04/06/92 10:43 OMB LEG. AFFAIRS 002/006 01/06/92 10:18 OMB LRD/LWP 003 February 28, 1992 INDEX Page 101st Congress - First Session 1. Clean Air Act Amendments of 1989 1 2. Comprehensive Compaign Finance Reform Act of 1989 2 3. Comprehensive violent Crime Act of 1989 1 4. Educational Excellence Act of 1989 1 5. Government-Wido Ethics Act of 1989 1 G. Head Start Amendments of 1989 1 7. Honoraria Reform Act of 1989 2 8. Judicial Salary Act of 1989 1 9. Senior Executives Salary Act of 1989 1 10. Working Family Child care Assistance Act or 1989 1 101st Congress - second Session 11. Andean Trade Preference Act of 1990 2 12. civil Rights Act of 1990 2 13. Enterprise for the Americas Initiative Act of 1990 2 14. Line-Item Veto Constitutional Amendment 2 15. National Tree Trust Act of 1990 2 16. Savings and Economic Growth Act of 1990 2 04/06/92 10:43 OMB LEG. AFFAIRS 003/006 01/06/92 10:18 OMB LRD/LWP 001 Page 102nd Congress - First Session 17. AMERICA 2000 Excellence in Education Act 2 18. California Public Lands Wilderness Act 2 19. Comprehensive Violent crime control Act of 1991 2 20. Enterprise for the Americas Initiative Act of 1991 2 21. Health Care Liability Reform and Quality of Care Improvement Act of 1991 2 22. Post-Employment Restriction Technical Correction Act of 1991 2 202nd Congress - second session 23. Access to Justice Act of 1992 3 -2- 04/06/92 10:44 OMB LEG. AFFAIRS 004/006 01/06/92 10:18 OMB LRD/LWP 005 201at Congress - First Session 1. Clean Air Act Amendments of 1989 -- Transmitted by the President on 07/21/89 -- Enacted, with substantive modifications, in P.L. 101- 549, Clean Air Amendments of 1990, signed 11/15/90 2. Comprehensive Campaign Finance Refurm ACL of 1989 -- Transmitted by the President on 09/26/89 3. Comprehensive Violent Crime Act of 1989 -- Transmitted by the President on 06/15/89 4. Educational Excellence Act of 1989 -- Transmitted by the President on 04/05/89 5. Government-Wide Ethics Not of 1989 -- Transmitted by the President on 04/12/89 6. Head Start Amendments of 1989 -- Transmitted by the President on 03/15/89 -- Enacted, with substantial modifications, in P.L. 101- 120, signed 10/23/89 7. Honoraria Reform Act of 1969 -- Transmitted by the President on 07/07/89 8. Judicial Salary Act of 1989 -- Transmitted by the President on 04/12/89 -- Enacted, substantially as proposed, in P.L. 101-194, signed 11/30/89 9. Senior Executives Salary ACT of 1989 -- Transmitted by the President on 07/07/89 -- Enacted, with substantial modifications, in P.L. 101- 194, signed 11/30/89 10. Working Family Child Care Assistance Act of 1989 Transmitted by the President on 03/15/89 -- The major child care provisions enacted in P.L. 101-508, Omnibus Budget Reconciliation Act of 1990, signed 11/15/90, are based on LIIE President's proposal 04/06/92 10:44 OMB LEG. AFFAIRS 005/006 01/06/92 10:19 OMB LRD/LWP 006 101st Congress - Second Session 11. Andcan Trade Preference Act of 1990 -- Transmitted by the President on 10/05/90 -- Enacted as part of H.R. 1724, signed 12/04/91 -- P.L. 102-182 12. Civil Rights ACL of 1990 -- Transmitted by the Prosident on 10/20/90 -- Enacted, with substantial modifications, in P.L. 102- 100, civil Rights ACL or 1991, signed 11/21/91 13. Enterprise for the Americas Initiative Act of 1990 -- Transmitted by the President on 09/14/90 14. Line-item Veto Constitutional Amendment -- Transmitted by the President on 04/25/90 15. National Tree Trust ACT or 1990 -- Transmitted by the President on 03/22/90 -- Included in P.I. 101-624, Food, Agriculture, Conservation, and Trade Act or 1990, signed 11/28/90 16. Savings and Economic Growth Act of 1990 Transmitted wy the President on 02/01/90 102nd Congress - First Session 17. AMERICA 2000 Excellence in Education Act -- Transmitted by the President on 05/22/91 18. California Public Lands Wilderness Act -- Transmitted by the President on 07/29/91 19. Comprehensive Violent Crime control Act of 1991 -- Transmitted by the President on 03/11/91 20. Enterprise for the Americas Initiative Act of 1991 -- Transmitted by the President 02/26/91 21. Health Care Liability Reform and Quality of Care Improvement Act of 1991 -- Transmitted by the Precident on 05/15/91 22. Post-Employment Restriction Technical Correction Act of 1991 -- Transmitted by the President on 07/26/91 -2- 04/06/92 10:45 OMB LEG. AFFAIRS 006/006 01/06/92 10:19 OMB LRD/LWP 007 102nd Congress - second Session 23. Access to Justice Aot of 1992 -- Transmitted by the President on 02/04/92 -3- 276 PROSPERITY PROSPERITY 277 9. The man who wrongly holds that every. human right is secondary to his profit must now give way to the advocate of human welfare, who in expedients. Indebtedness can not be lessened by borrowing more money or by changing the form of the debt. rightly maintains that every man holds his property subject to the general Our currency can not be im- right of the community to regulate its use to whatever degree the public proved by the creation of new banks or more issues from those which welfare may require it. now exist. Although these devices sometimes appear to give temporary THEODORE ROOSEVELT relief, they almost invariably aggravated the evil in the end. It is only by Speech at Osawatomie, Kan., Aug. 31, 1910; Works, XVII, 17 retrenchment and reform-by curtailing public and private expenditures, by paying our debts, and by reforming our banking system-that we are 10. We must all recognize that wealth used as capital is the basis of modern civilization, that the right of property is the most valuable right in prosperity. to expect effectual relief, security for the future, and an enduring building up our society, next to the right of personal liberty. The right of MARTIN VAN BUREN property develops in men, and developed in men of the Dark Ages, those Third Annual Message to Congress, Dec. 2, 1839; Ibid., p. 1771 virtues of self-restraint and providence upon which we build all the other virtues. 6. We shall best promote the prosperity of the new States and Territories WILLIAM HOWARD TAFT industrious citizens. by furnishing them with a hardy and independent race of honest and Speech at Boise, Idaho, Nov. 3, 1906; Problems, p. 124 See also Banks 6, Conscience 4, Government 26, 40, Honor 2, Religion JAMES BUCHANAN 2, Republics 1, Rights 13, Slavery 5, 12, Wealth 2 7. At the basis of all prosperity lies the improvement of the intel- lectual and moral condition of the people. Prosperity 1. Of all the dispositions and habits which lead to political prosperity, RUTHERFORD B. HAYES Religion and Morality are indispensable supports. Inaugural Address, Mar. 5, 1877 GEORGE WASHINGTON 8. A really great people, proud and high-spirited, would face all the Farewell Address, Sept. 19, 1796; disasters of war rather than purchase that base prosperity which is bought Writings (Fitzpatrick), XXXV, 229 at the price of national honor. 2. Agriculture, manufactures, commerce and navigation, the four pillars THEODORE ROOSEVELT of our prosperity, are the most thriving when left most free to individual Address at Naval War College, June 2, 1897; Works, XIII, 184 enterprise. 9. I understand prosperity to be the abundant, intelligent, economic de- THOMAS JEFFERSON velopment of resources possessed by the country itself. First Annual Message to Congress, Dec. 8, 1801; Writings, III, is using the plow, engines, mills, and water powers of this Prosperity country 337 just as you would use your own intellectual and physical resources. 3. Canals, railroads, and turnpikes are at once the criteria of a wise WOODROW WILSON policy and causes of national prosperity a want of them will be a Speech in New York, N.Y., Jan. 3, 1912; Ideals, p. 53 reproach to our republican system. 10. The originative part of America JAMES MADISON the class that saves To Reynolds Chapman, Jan. 6, 1831; Letters, IV, 150 spreads its enterprises until they have national scope and character plans -that middle class is being more and more squeezed out by the processes 4. Perhaps of all the evidences of a prosperous and happy condition of which we have been taught to call processes of prosperity. Its members human society the rapidity of the increase of population is the most un- are sharing prosperity, no doubt; but what alarms me is that they are not equivocal. originating prosperity. No country can afford to have its prosperity JOHN QUINCY ADAMS originated by a small controlling class. The treasury of America lies First Annual Message to Congress, Dec. 6, 1825; Messages and Papers, p. 880 favored class. in those ambitions, those energies, that cannot be restricted to a special 5. Let it be indelibly engraved on our minds that relief is not to be found WOODROW WILSON 1912; New Freedom (Hale), p. 17 STATEMENT OF ROGER COLEMAN PRESIDENT RYKOFF-SEXTON, INC. PREPARED FOR DELIVERY AT HEARINGS ON H.R. 3185 (POSTPONED: NOVEMBER 14, 1991) (ENTERED FOR THE RECORD: NOVEMBER 21, 1991) For additional information CONTACT: Mary Lou McDonald American Business Conference (202) 822-9300 My name is Roger Coleman. I am the President and Chief Executive Officer of Rykoff-Sexton, Incorporated. Rykoff-Sexton is a public company with annual sales of $1,460,000,000. Based in Los Angeles, our company manufactures and distributes foods and related products. You can find our products wherever food is prepared and consumed away from home. Our customers include restaurants, industrial cafeterias, hospitals, schools, hotels, and airlines. In addition we offer restaurant design and engineering services and, until last year, we published a consumer mail order catalog featuring specialty food items. In all, we produce or distribute more than 42,000 products. We employ over 5,400 women and men in manufacturing and distribution centers around the country. Whether as plant workers, truck drivers, designers, or sales personnel, all of them have collectively contributed to our company's strong performance and growth. As chief executive officer, I am the steward of their jobs. I hold ultimate responsibility for key decisions regarding the future of Rykoff-Sexton. One such decision, regarding the settlement of a class-action securities litigation, brings me here today. I have come to Washington to ask that you amend H.R. 3185. Specifically, I ask that you consider adding to the bill provisions to address the problem of frivolous and harassing securities suits. 1 The problem of frivolous securities suits has been well-documented in the popular press and in law journals. Casual observers associate these suits with high-tech firms along Boston's Route 128 and in the Silicon Valley in California. As serious as the problem is for such companies, other firms are not immune. I should know. Rykoff-Sexton had record earnings in 1989. I made a statement to my corporate community that 1990 performance should be even better. Due to declining economic conditions in some geographic regions of the country and other business conditions, we did not achieve that level of performance. As a result, I was sued in a shareholder class-action litigation, along with the Company, some of my fellow officers and the directors of Rykoff-Sexton. At our first meeting with plaintiffs' counsel I learned a lesson that was confirmed again and again throughout the entire process. This suit was not about whether we were right or wrong. Plaintiffs' counsel focused at that meeting on only two concerns: Rykoff-Sexton's solvency and the nature of our insurance policies for directors and officers. And the merits of the case? Not one word. The issue was the depth of our pockets. After that meeting I had little doubt who was driving this suit: the lawyers. Class-action plaintiffs, I found, often had no real interest in righting any wrong. Their passive participation simply gives lawyers a license to hunt. This creates a situation in which the plaintiff's lawyer is acting more for his own interest rather than for either the interests of his supposed client or for the shareholder group at large. 2 My own lawyers advised me not to expect the courts to rule quickly on the merits of the case. To be sure, I was told, there are rules designed to deter the filing of frivolous suits. But there is such a huge grey area as to what constitutes frivolous and malicious cases that forcing counsel for plaintiffs to demonstrate proof of merit usually is postponed until the very end of a long and expensive process. Then there is the matter of discovery. Once it was determined this case could proceed as a class action, which required no showing of any strength to the case or even any basis for it, we became mired in an expensive and invasive discovery process. Discovery in federal court suits, I learned, is extremely broad and virtually limitless. We were required to turn over company files, to submit our officers and directors for days and days of deposition testimony, all without any requirement that the plaintiff at any time prove any merit to his case. For a company like ours, which has a relatively lean management structure, time lost in the deposition process can be devastating. We simply could not afford the diversion of managerial attention away from company affairs. Many commentators bewail the supposedly short-term outlook of American management. I can tell you that nothing in my experience so shortens the time horizons of management more than becoming entangled in one of these suits. It brings everything to a stop. Morale at the company was taking a beating, sometimes in unexpected ways. For example, because he was named in the complaint and therefore was 3 potentially liable, a Rykoff-Sexton vice president was unable to obtain a home mortgage. More broadly, SO long as the suit was pending, our prospects, our reputation, our ability to bring our stockholders full value for their investment were all in jeopardy. I faced a difficult dilemma. The company could continue to endure a crippling and expensive discovery process, in the hope of eventually convincing a judge to give us summary judgment. But achieving summary judgment was by no means certain. If we failed, we would then face the expense of trial preparation, followed by the uncertainties of a protracted jury trial. During that time, the case would continue to hang over our heads. Moreover, I was hearing from our insurers that they preferred a settlement instead of going to trial and risking greater liability. Ultimately, I swallowed hard and decided to settle. Plaintiffs' attorneys readily agreed provided that we did not contest their fee application. In all, I calculate that this legal nightmare cost Rykoff-Sexton and its insurance company in settlement in excess of $8.7 million, of which at least 25% will go into the pockets of plaintiffs' lawyers. That's over $8.7 million that was diverted from new investments in jobs and facilities. And what countervailing benefits were realized? None that I can see. Anyone who believes that the Securities and Exchange Commission determines what I and other CEO's can and cannot tell the investing public about our companies is mistaken. It's the trial lawyers and their professional plaintiffs who increasingly govern corporate disclosure policies, and that means less rather 4 than more information to the public. Perhaps that is why SEC Chairman Breeden supports legislation to curtail frivolous suits. I think this subcommittee has before it a real opportunity to achieve substantive reform. By adopting provisions to minimize frivolous suits, you can better direct the legal system toward assisting legitimate victims of fraud. How could this system be improved SO as to not sap the strength of the American business system at the whim of a plaintiff's lawyer? We must act to take the weapons of expense and delay from these extortionists. In my view, the changes that are needed are relatively straightforward. Plaintiffs should be required to show some merit and some basis for process. the claims they make before they can start in motion the discovery There should be reasonable time and cost limits on pretrial discovery SO that discovery becomes a method for pursuing facts rather than a bludgeon for pursuing a quick settlement. Attorneys should be prohibited from paying "finders' fees" or "bounties" to induce potential plaintiffs to sue. Plaintiffs attorneys or the plaintiffs themselves should face some risk if they lose. If the loser were required to pay attorneys' fees, we would see fewer frivolous suits. I note that in a recent Sunday New York Times, an aide to this subcommittee said that the aim of H.R. 3185 is fairness toward those who have been defrauded in the securities markets. My recommendations are wholly consis- tent with that purpose. It seems to me that the only people who could 5 oppose these or similar ideas are the people currently profiting from the legal system's inordinate complexities. We all read stories every day about the financial excesses of the past decade, stories associated with the S&L crisis and certain Wall Street frauds. What I have tried to talk about today is my direct experience with another form of wasteful, fraudulent behavior. It is the shakedown of corporations through the abuse of class-action litigation. While legal, it is no less cynical and no less destructive than some of the more notorious examples of financial corruption. So I say, let's kill two birds with one stone. Use H.R. 3185 as the vehicle to help victims of fraud make the con artists accountable. But let's also use it to end another kind of scam: the class-action shakedown. The goals are complimentary: indeed, they are intertwined. I strongly urge that in the name of protecting business, serious consid- eration be given to limitations of the type I have suggested. To level the playing field will allow American business to go on with its objectives of creating jobs and making profits without distractions from baseless liti- gation. 6 CROWELL & MORING 1001 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D.C. 20004-2595 (202) 624-2500 CABLE: CROMOR FACSIMILE TRAPICOMN 202-528-0116 W.W.I. INTERNATIONAL) 64244 w.w. IDOMESTIC 00-2440 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM, OR ENTITY TO WHICH, IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. If you have received this communication in errer, please notify us immediately by telephone (collect), and return the original message to us at the above address via the U.S. Postal Service. Thank you. FACSIMILE COVER PAGE FAX TELEPHONE NUMBER: (202) 628-5116 TO: John Howard, Counsel Date: 4/6/92 Firm: Office of the UP Facsimile Telephone Number: ( ) 456-7044 Telephone number to confirm receipt: ( ) 456-2816 Total Number of Pages (including cover sheet) 13 FROM: Victor Schwartz, ESG. Originator's telephone number: ( ) 624-2540 Re: History of Federal PL Hard copy to follow: Yes No Please complete instruction page on reverse side. CROWELL & MORING 164:jlb 62410-011 MEMORANDUM TO: John Howard, Counsel, Office of the Vice President FROM: Victor E. Schwartz DATE: April 6, 1992 RE: Legislative History of Federal Product Liability Bills This memorandum will show that product liability legislation has had a long history of careful consideration in both the Sanate and House of Representatives. That history actually began in 1976 when President Ford established a Federal Interagency Task Force on product liability to study the causes of the product liability "insurance crisis" that was occurring in the mid-1970's. Following an 18-month study, the Federal Interagency Task Force published its final report in 1977. The Task Force made two recommendations. The first was to facilitate self-insurance alternatives to commercial product liability insurance. That recommendation led to enactment of the Product Liability Risk Retention Act in 1981 and the Risk Retention Act Amendments in 1986. The second of the Task Force's recommendations was to create more certainty in the product liability litigation system by making product liability laws uniform throughout the United States. Thus, in 1979, under the aegis of the Carter - 2 - CROWELL & MORING Administration, the Department of Commerce published a model Uniform Product Liability Act ("UPLA") for implementation by the states. As it turned out, however, states enacted bits and pieces of the Act, but no state adopted the model Act as a whole; uniformity was not created. After it became clear that the states would not develop uniform product liability laws, efforts arose to create uniform laws through Federal legislation that would preempt the individual states' product liability laws, 96th Congress Extensive hearings were held in the House of Representatives on the topic of product liability. Non-legislative hearings were held by Congressman John LaFalce in the Small Business Committee, and legislative hearings were held by the Consumer Subcommittee of the House Energy and Commerce Committee by Congressman James H. Scheuer. Two bills were considered, H.R. 7000 and H.R. 5626. H.R. 7000 was principally based on the Uniform Product Liability Act, modified SQ that it could be utilized as Federal legislation. Following these later hearings, in the Second Session of the 96th Congress, a new bill was drafted based principally on H.R. 7000. The bill, H.R. 7921, a Federal Uniform Product Liability Act, was introduced by Congressman Richardson Preyer (D-NC), James H. Scheuer (D-NY) and James Broyhill (R-NC). H.R. 7921 was also based on UPLA, with most of the procedural aspects of the model Act removed. It was felt that Federal legislation should concentrate on clear and coherent substantive rules. It was P00.3968 9115829202 21:51 26, 9 APR - 3 - CROWELL & MORING believed that procedural rules would interfere with local court operations. 97th Congress In April, 1981, Senator Kasten asked the staff of the Consumer Subcommittee to begin with H.R. 7921 and prepare a staff draft for consideration by the Commerce Committee. In October, 1981, the staff draft was issued for public comment. The Committee received over 2000 pages of public comment from all interest groups including consumers, manufacturers, and product sellers. Based on these comments, the Commerce Committee made substantial revisions in the draft. Then, the Consumer Subcommittee held two days of hearings in March, 1982, on the need to reform product liability law. Senator Kasten introduced S. 2631 on June 16, 1982. The Consumer Subcommittee held two days of additional hearings on S. 2631. On July 15, 1982, the Administration endorsed the concept of Federal legislation providing uniform product liability standards. On September 9, 1982, after consideration by the Cabinet Council on Commerce and Trade, the Administration expressed its support for S. 2631. On October 1, 1982, the Senate Commerce Committee adopted S. 2631 with an amendment in the nature of a substitute and. ordered the bill, as amended, favorably reported by voice vote. No further action was taken on S. 2631 in the 97th Congress. Members of the Commerce Committee were: 500'3948 9115829202 81:18 26, 9 APR - 4 - CROWELL & MORING Bob Packwood (R-OR) Russell B. Long (D-LA) Harrison H. Schmitt (R-NM) Daniel K. Inouye (D-HI) Nancy Kassebaum (R-KS) Donald W. Riegle, Jr. (D-MI) Slade Gorton (R-WA) Howell Heflin (D-AL) Bob Kasten (R-WI) Howard W. Cannon (D-NV) Barry Goldwater (R-AZ) Ernest F. Hollings (D-SC) John C. Danforth (R-MO) Wendell H. Ford (D-KY) Larry Pressler (R-SD) J. James Exon (D-NE) Ted Stevens (R-AK) 98th Congress On January 26, 1983, Senator Kasten introduced S. 44, the Product Liability Act, in substantially the same form as it had been reported by the Senate Commerce Committee in the 97th Congress. Two days of hearings were held on S. 44 in April, 1983, during the First Session of the 98th Congress. One additional hearing was held in March, 1984, during the Second Session of the 98th Congress. In July of 1983, the Administration again endorsed the concept of Federal Legislation providing uniform product liability standards and specifically endorsed S. 44. On May 23, 1984, the Senate Commerce Committee reported favorably S. 44 with amendments. No further action was taken in the 98th Congress. The recorded vote was as follows: Yes No Barry Goldwater (R-AZ) Bob Packwood (R-OR) John C. Danforth (R-MO) Ernest F. Hollings (D-SC) Nancy Kassebaum (R-KS) Donald W. Riegle, Jr. (D-MI) Larry Pressler (R-SD) Howell Heflin (D-AL) Slade Gorton (R-WA) Frank R. Lautenberg (D-NJ) Ted Stevens (R-AK) Bob Kasten (R-WI) 2026285116 PAGE.006 81:18 26, 9 APR up 5 - CROWELL & MORING Paul S. Trible, Jr. (R-VA) Russell B. Long (D-LA) Daniel K. Inouye (D-HI) J. James Exon (D-NE) Present Wendell H. Ford (D-KY) 99th Concress On January 3, 1985, Senator Kasten introduced S. 100, the Product Liability Act, which was substantially the same as S. 44. The Consumer Subcommittee held a hearing on S. 100 on March 21, 1985, and the Bill was reviewed by the Senate Commerce Committee on May 16, 1985. On that day, S. 100 was not reported out. The vote was. 8-8 vote. The recorded vote on S. 100 was as follows: Yes No John C. Danforth (R-MO) Barry Goldwater (R-AZ) Ernest Hollings (D-SC) Nancy Kassebaum (R-KS) Daniel K. Inouye (D-HI) Bob Kasten (R-WI) John D. Rockefeller, IV (D-WV) J. James Exon (D-NE) Russell B. Long (D-LA) Larry Pressler (R-SD) Slade Gorton (R-WA) Ted Stevens (R-AK) Albert Gore, Jr. (D-TN) Paul S. Trible, Jr. (R-VA) Bob Packwood (R-OR) Donald W. Riegle, Jr. (D-TN) Present Wendell H. Ford (D-KY) Prior to the May 16, 1985, vote, two amendments in the nature of a substitute to S. 100 had been introduced, one by Senator Christopher J. Dodd (D-CT) and one by Senator Slade Gorton. These amendments were complete substitutes for S. 100 that preempted certain aspects of state law and also would have established 200 PAGE 202928519 15.14 26. 9 RPR 10 1 9 CROWELL & MORING alternative expedited claims systems for limited recovery of damages in product liability cases. Following the failure to report out S. 100, hearings on the Dodd and Gorton amendments were held by the Consumer Subcommittee on June 18 and June 25, 1985. After these hearings, Commerce Committee Chairman John C. Danforth directed the Committee staff to draft a proposal that combined elements of all these measures. The first draft was released for public comment on July 15, 1985. After review of extensive comments received from the public, including consumer and business groups, the Commerce Committee released a second draft on November 20, 1985. This draft was formally introduced by Senator Danforth on December 20, 1985, as S. 1999. This Bill was co-sponsored by Senators Dodd and Kassebaum. The Consumer Subcommittee held two days of hearings on S. 1999 on February 27 and March 11, 1986. Witnesses at those hearings, specifically representatives of the professional consumer groups and representatives of manufacturer and insurance groups, testified that the alternative expedited claims system in S. 1999 was too complicated, unworkable and would not achieve its goals of providing speedy but limited recovery as an alternative to litigation for product injuries. On May 12, 1986, Senator Danforth introduced an amendment, co-sponsored by Senator Dodd, in the nature of a substitute for S. 1999. This amendment replaced the alternative expedited claims systems of S. 1999 with an expedited settlement system that 2026285116 PAGE.008 1:51 26, 9 APR - 7 - CROWELL & MORING imposed incentives on plaintiffs and defendants to settle cases. Those incentives included a limitation on plaintiffs' damage awards. The Danforth-Dodd amendment made a number of other changes in S. 1999. On May 20, 1986, Senator Gorton introduced an amendment in the nature of a substitute for the Danforth-Dodd amendment. The Consumer Subcommittee held hearings on these amendments and other product liability measures before the Committee on May 19 and May 20, 1986. On June 3, 1986, the Senate Commerce Committee began its markup of product liability legislation. The markup draft bill was an original bill containing the provisions of the Danforth- Dodd amendment to S. 1999. On June 12, 1986, the Senate Commerce Committee adopted an amendment in the nature of a substitute for the original markup draft bill. This amendment contained product liability reform provisions that had been agreed to by Senators Danforth, Gorton, and Kasten as a "core package" of product liability reforms. It contained numerous changes and modifications that had been urged by consumer groups. This "core package" bill was approved by the Senate Commerce Committee by a vote of 16-1. The only member voting against the "core package" was Senator Ernest F. Hollings. On June 12, 19, 24, 25 and 26, 1986, the Senate Commerce Committee continued its consideration of other amendments to the "core package," and ultimately reported an original bill, S. 2760, the Product Liability Reform Act. The recorded vote on S. 2760, which contained the "core package" and 2026285116 PAGE.009 ST:51 26, 9 APR - 8 - CROWELL & MORING additional provisions including a provision to expedite settlements, was as follows: Yes No John C. Danforth (R-MO) Barry Goldwater (R-AZ) Bob Packwood (R-OR) Nancy Kassebaum (R-KS) Slade Gorton (R-WA) Larry Pressler (R-SD) Ted Stevens (R-AK) Bob Kasten (R-WI) Ernest F. Hollings (D-SC) Daniel K. Inouye (D-HI) Russell B. Long (D-LA) Paul S. Trible, Jr. (R-VA) Wendell H. Ford (D-KY) Albert Gore, Jr. (D-TN) Donald W. Riegle, Jr. (D-MI) J. James Exon (D-NE) John D. Rockefeller, IV (D-WV) S. 2760 was brought up on the Senate Floor in September, 1986. Senator Hollings engaged in a filabuster of the bill. Following a successful motion to proceed, with a vote of 84-13, S. 2760 was set aside by the Senate leadership because of the press of other urgent matters that needed to be completed before Congress adjourned in October. No further action was taken on S. 2760 in the 99th Congress. 100th Congress On March 6, 1987, S. 666, the Product Liability Reform Act, was introduced by Senators Kasten, Inouye, Danforth, Rockefeller, Kassebaum and Pressler. It was similar to the "core package" that was approved by the Senate Commerce Committee in the 99th Congress, but also contained a provision based on Rule 68 of the Federal Rules of Civil Procedure designed to provide incentives for settlement of product liability cases. Unlike S. 2760, these settlement procedures did not place limits on damages. The 010'3988 2029285198 91:51 26. 9 APR - 9 - CROWELL & MORING Consumer Subcommittee, which then was chaired by Senator Albert Gore, held one day of hearings on the bill. The Senate Commerce Committee, then chaired by Senator Ernest F. Hollings, took no further action on S. 666 in the 100th Congress. The primary activity on Federal product liability legislation in the 100th Congress occurred in the House of Representatives. Congressmen Bill Richardson (D-NM) and Thomas A. Luken (D-OH) introduced H.R. 1115 on February 18, 1987. The Subcommittee on Commerce, Consumer Protection and Competitiveness, held extensive hearings on the need for Federal product liability reform and specific issues including punitive damages reform, joint and several liability, workplace safety, certain defenses, and the affordability and availability of product liability insurance. These hearings were held on May 5, May 20, June 18, July 21, August 6, October 7, and December 17, 1987. Then, the Subcommittee on Commerce, Consumer Protection and Competitiveness met to mark up the bill on November 18, 19 and 20 and December 3 and 8, 1987. H.R. 1115 was reported by the Subcommittee, as amended, on December 8, 1987, by a vote of 11-3. The Subcommittee votes were as follows: Yes No Philip R. Sharp (D-IN) Dennis E. Eckart (D-OH) James H. Scheuer (D-NY) Bill Richardson (D-NM) Henry A. Waxman (D-CA) William E. Dannemeyer (R-CA) Jim Bates (D-CA) Mathew J. Rinaldo (R-NJ) Howard C. Nielson (R-UT) Joe Barton (R-TX) 110'398°C 91:51 26, 9 APP - 10 - CROWELL & MORING Norman F. Lent (R-NY) James J. Florio (D-NJ) Donald L. Ritter (R-PA) John D. Dingell (D-MI) On May 10, 12, 18, 19 and 24, and June 1, 2, 8, 9 and 14, 1987, the full Committee on Energy and Commerce met to mark up H.R. 1115. On June 14, the Energy and Commerce Committee voted to report H.R. 1115, as amended, by as recorded vote of 30-12, as follows: Yes NO Philip R. Sharp (D-IN) Thomas A. Luken (D-OH) James H. Scheuer (D-NY) Al Swift (D-WA) Henry A. Waxman (D-CA) Mike Synar (D-OK) James J. Florio (D-NJ) W. J. Tauzin (D-LA) Doug Walgren (D-PA) Cardiss Collins (D-IL) Dennis E. Eckart (D-OH) Ralph M. Hall (D-TX) Mickey Leland (D-TX) Bill Richardson (D-NM) Gerry Sikorski (D-MN) Jim Slattery (D-KS) Jim Bates (D-CA) Jim Cooper (D-TN) Edward J. Markey (D-MA) Wayne Dowdy (D-MS) Frederick C. Boucher (D-VA) John D. Dingell (D-MI) John Bryant (D-TX) Ron L. Wyden (D-OR) Terry L. Bruce (D-IL) Norman F. Lent (R-NY) Edward R. Madigan (R-IL) Carlos J. Moorhead (R-CA) Mathew J. Rinaldo (R-NJ) William E. Dannemeyer (R-CA) Bob Whittaker (R-KS) Thomas J. Tauke (R-IA) Donald L. Ritter (R-PA) Daniel R. Coats (R-IN) Thomas J. Bliley, Jr. (R-VA) Michael G. Oxley (R-OH) Howard C. Nielson (R-UT) Daniel L. Schaefer (R-CO) Joe Barton (R-TX) Jack Fields (R-TX) 2026285116 PAGE.012 21:12 26, 9 APR - 11 - CROWELL & MORING H. L. Callahan (R-AL) Michael Bilirakis (R-FL) H.R. 1115 then received a sequential referral to the House Committees on Judiciary and on Education and Labor. The Education and Labor Committee held one day of hearings on September 27, 1988, on provisions in H.R. 1115 that affected workplace safety. The House Judiciary Committee, then chaired by Congressman Peter Rodino (D-NJ), took no action on the bill. The sequential referrals ran through the end of the session, SO the 100th Congress adjourned without considering H.R. 1115 on the Floor of the House. 101st Congress In the Senate, a bi-partisan bill, S. 1400, has been introduced by Senators Kasten, Inouye, Danforth and Rockefeller. S. 1400 was referred to the Senate Commerce Committee and was subject to three days of hearings before the Consumer Subcommittee. On May 22, 1990, the Commerce Committee voted 13-7 to report S. 1400 favorably. The votes were as follows: Yes No Lloyd Bentsen (D-TX) J. James Exon (D-NE) Ernest F. Hollings (D.SC) Daniel K. Inouye (D-HI) John B. Breaux (D-LA) Charles S. Robb (D-VA) Richard Bryan (D-NV) John D. Rockefeller (D-WV) Wendell H. Ford (D-KY) Albert Gore, Jr. (D-TN) Conrad Burns (R-MT) John C. Danforth (R-MO) John F. Kerry (D-MA) Slade Gorton (R-WA) Bob Packwood (R-OR) Robert W. Kasten (R-WI) Trent Lott (R-MS) 2026285116 PAGE.013 21:12 26. 9 APR - 12 - CROWELL & MORING John McCain (R-AZ) Larry Pressler (R-SD) Ted Stevens (R-AK) S. 1400 received a sequential referral to the Senate Judiciary Committee and, upon request, to the Senate Labor Committee. In the House, Congressmen Luken, Glickman, Synar and Slattery introduced H.R. 2700, which is substantially similar to H.R. 1115 as reported by the Energy and Commerce Committee in the 100th Congress. H.R. 2700 has been referred jointly to the House Committees on Energy and Commerce and on Judiciary. FOR IMMEDIATE RELEASE FEBRUARY 4, 1992 THE PRESIDENT COUNCIL ON COMPETITIVENESS AGENDA FOR CIVIL JUSTICE REFORM IN AMERICA" IMPLEMENTATION FACT SHEET Excessive cost and delay in our civil justice system harm the American people and impair their ability to compete in the global marketplace. Vice President Dan Quayle Many features of our civil justice system no longer expedite justice or insure fair results. Instead overuse and abuse of the legal system impose tremendous costs on American society To address these problems, the President's Council on Competitiveness, chaired by Vice President Dan Quayle, developed 50 recommendations for improving the civil justice system. Reported in the "Agenda for Civil Justice Reform in America, these recommendations help reduce the inordinate cost and delay found in the system. As most ofothe proposals have been tested in federal or state courts and have proven effective the Agenda presents a comprehensive approach to effect meaningful change in our overburdened civil justice system. to The Administration is committed to the fair, efficient and early resolution of disputes. This commitment is demonstrated by efforts to implement reform at all levels: Executive branch action, Federal legislation, Federal rules changes, and model state packages. Executive Action As a catalyst for civil justice reform, the Administration has already implemented many of the Agenda reforms in the Federal government. To promote more efficient litigation in actions involving the United States Government, on October 23, 1991, President Bush signed Executive Order 12778. To help make the Government's litigators a model for the private sector, the President directed all Federal agencies to encourage voluntary dispute resolution, limit unnecessary discovery, avoid "junk science,' and, where appropriate, use the "Fairness" or "loser pays" rule for attorneys' fees. The directive also provides a "litigation checklist" designed to reduce legislative drafting errors that cause uncertainty and unnecessary litigation. Federal Legislation ROY On February 4, 1992, President Bush transmitted the "Access to Justice Act of 1992" calling upon Congress to enact reforms requiring federal legislation. Among the Act' provisions are: Multi-Door Courthouse - Establishes alternative dispute resolution (ADR) programs to provide effective alternatives to trials. Parties would gain the opportunity to choose between several methods of resolving their disputes. Pre-Complaint Notification Encourages resolution at the earliest stages, in most cases the right to sue is conditioned upon giving notice to the intended parties of the nature of the dispute. Fairness Rule - Adopts a "loser pays" rule in cases involving state law brought under the federal courts! diversity jurisdiction. This rule is grounded in the equitable principle that prevailing parties should be made "whole." The loser would pay the winner's legal expenses subject to limits, including when payment would be "unjust." Federal Rules of Civil Procedure and Evidence Through the Supreme Court's rulemaking process, the Administration is proposing amendments to the Federal Rules of Civil Procedure and Evidence to help make the system more rational and efficient: Discovery Reform - Discovery consumes 80 percent of the time and money in litigation. Our proposal will require automatic disclosure of basic or "core information" and mandate discovery planning conferences. After presumptive numerical limits are met additional discovery would be governed by market incentives. Expert Evidence Reform - Experts, who unlike other witnesses, are allowed to present their opinions should be required to base their testimony on "widely accepted" theories instead of "junk science." Our proposal requires courts to determine that proposed witnesses are legitimate experts in their field and bans contingency fees paid to expert witnesses in return for a successful outcome. State Legislation and Rule Changes Most reforms proposed for the Federal system are equally applicable to the states. As a result, the Administration has published the Civil Justice Reform Model State Amendments and the Model State Punitive Damages Act to assist with reforms in the state systems. Reform at the state level could have a dramatic effect since that is where most litigation occurs. INTRODUCTION In 1971, the U.S. lawyer population was one-third of a million; by 1980, it had grown to half a million; in early 1988, it had reached almost three-quarters of a million; and, by the turn of the century, will probably exceed a million. The rate of lawyer population growth has surpassed that of the general population as reflected in the progressive decline of population/lawyer ratios from 1 lawyer for each 695 persons in 1951 to 1 lawyer per 340 persons in 1988. Table 1. Lawyer Population Size and Population/Lawyer Ratio in Selected Years Year No. of Population/ Lawyers Lawyer ratio 1951 221,605 695/1 1960 285,933 627/1 1971 355,242 418/1 1980 542,205 403/1 1985 655,191 360/1 1988 723,189 340/1 1991 Statistical 1989 741,000 - from abstract During the 1970s, growth rate accelerated. Fueled by rising law school enrollments, bar admissions increased from less than 15,000 in 1970 to almost 30,000 by 1980. Since then, the number of yearly admissions has stabilized at or near the 1980 level. The effect of new admissions on lawyer population size is, of course, moderated by mortalities. In the 1970s mortalities averaged about 5,000 per year; since then the yearly average has slightly exceeded 6,000. With yearly admissions at five times mortalities in most of the last 18 years, however, the net increase in lawyer population size has been significant. At the start of 1980, the number of lawyers was 50% greater than in 1971. By 1988, there were twice as many lawyers as in 1971. Table 2. Relationship of New Admissions and Mortalities to Changes in Lawyer Population Size No. of Lawyers Admissions Mortalities Net Increase Start of Period During Period During Period by Period End 1961-70 285,933 120,560 51,251 69,309 1971-79 355,242 231,133 44,170 186,963 1980-87 542,205 231,244 50,260 180,984 1988 723,189 1988 LAWYER POPULATIONS: INTRODUCTION 1 KF301 A75 Suppl 1988 LAW SUPPLEMENT TO THE LAWYER STATISTICAL REPORT The U.S. Legal Profession in 1988 by Barbara A. Curran and Clara N. Carson American Bar Foundation WILLARD INTER. CONTINENTAL WASHINGTON, D.C. 'ntro Jim Jones 80 people THE CAFE ESPRESSO IS OPEN DAILY FOR BREAKFAST/LUNCH/DINNER/COCKTAILS AND LATE NIGHT SNACKS Event: American Business (Council Date: 4/7/92 OFFICE OF PRESIDENTIAL ADVANCE IN-TOWN EVENT CONTACT SHEET conference Name Office Phone Number Presidential Advance Office 456-7565 Presidential Advance Fax Number 456-2820 RIERS STep KnsGoodwin wH Advance 457 456-7565 Sarah Cooper SLA 483-8006 JiLL Hecht 11 11 (E)234-8958 Debbie Taylor 11 11 KEVIN LANESTON Richard Jeter SWANK AuDio VISUAL (INTHELDILLARD) 2-637-2342 WHCA AV lead (202)395-4220 Brad Edgar WH Advance 366-9791 CARLTON HuDSON WILLARD Hotel 637-7303 Frances B Frazier American Business Conference 822-9300 Mary Lou McDonald Robert Simon WH Speechwriting American Business Cory. 822-9300 456-7750 Lori COLODNEY WH Communications AGENCY 757-5000 IAN Mersesian white Herse Communications 757-5464 Peanut Boston FCC 703-631-5257 FRID HENSCHE FCC MAedie- PERdER American Business Col. 703-631-5257 822-9300 Scott FASSETT WH PRESS ADVANCE 456-7565 Marcus Page W/H Press Advance 303-696-3622 Names W. Hutton Willard Hotel 202637-7321 Daniel P. MURPHY U.S. Secret Service Bahn. (202 395-4011 395-1724 US Soma TSALUNE 202-435-7353 Lito Bautista U.H. PCCS. watch (222) 395-4192 Suzanie Dunning U.S.S.S. 202-395-4011 BOB Stewart USSS 202-435-6995 1-92 WFN 17:08 ARC Bob update FYI ABC (FYD) ed n. initiatives Par / AmericanBusinessConference 1730 K Street, NW Suite 1200 Washington, DC 20006 (302)822-9500 FAX (202) 467-4070 THE VITAL LINK THE EDUCATION INITIATIVE President to business Bob- Following challenge OF THE AMERICAN BUSINESS CONFERENCE community of in 6/89 The American Business Conference, 100 chief executives of America's most successful, midsize, high-growth companies, asked in 1989 "Can ABC make a difference to the education challenge" emerging from the decline of skilled laborers entering the workforce? The resulting ABC education initiative, THE VITAL LINK, was formally launched at three demonstration sites 20f3 in September, 1990: Orange County, CA; Fort Worth, TX (in conjunction with the C3 initiative); siteshave and New Jersey. Initially intended for non college-bound students, THE VITAL LINK has applied to developed as a component which assists in qualitative education reform in the transition from school to the workplace. New American Schools THE VITAL LINK functions as a locally-implemented initiative bringing together businesses, educators, students, and the community and challenges them to collectively define a local plan Development of action which includes: the development of entry-level standards necessary for entering the Corp. workplace: continued Interaction between business and the education community within an established and specific structure; a system of testing and assessment of progress (with a All 3 student portfolio the suggested means of student evaluation); accountability by all involved (e.g., better entry-level pay for a better qualified student); and a structure for reward. reportedly part of The American Business Conference owns the role of catalyst in that process, managing from a national level and offering assistance through support, networking, and the communication AMELICA of resources and information. 2006 communities ABC recognizes that businesses must articulate their needs to the education community and take an active role in student preparation and process if an effective and productive transition \ to the workplace is to be achieved. At the same time, ABC acknowledges that the critical ingredient for success is the cooperative communication between business, education and the community. The ABC commitment to THE VITAL LINK is long-term, recognizing that the integrity of success requires continued vigilance, dedication, and commitment to excellence. ABC is optimistic that as educators and businesses share the creative process necessary to stimulate learning, better qualified and motivated students will be prepared to enter the workforce. A Coalition of Growth Companies APR- 1-92 WED 17:09 ABC P.03 INDIVIDUAL SITE PROGRESS FOR ABC's VITAL LINK INITIATIVE THE VITAL LINK: 23 in Fort Worth, TX In Fort Worth, TX, THE VITAL LINK has been implemented as a component of Project C³ with the unprecedented cooperation of the Fort Worth Independent School District and the Fort Worth Chamber of Commerce, reaching all students, grades K-12. Though there are numerous examples of progress, special note should be given to the summer '91 program which was conducted on three separate levels in the Fort Worth healthcare community. In TVL Level I, 40 seventh grade students did intensive work in four medical facilities. 400 seventh grade summer school students visited 21 businesses for a brief look at the workplace in TVL Level II. In TVL Level III, 20 middle school teachers did Internships in three medical facilities. Last summer's program initiated such a positive response that the school district budgeted an additional $70,000 in funds to promote teacher internships and to provide more transportation for students. The Fort Worth Chamber of Commerce has matched that sum. Thirty addition corporations expressed interest in participating in this summer's program. THE VITAL LINK: Orange County, CA Launched in September, 1991, TVL: Orange County has structured cooperation among business leaders and the superintendents and educators in six of the county school districts: Santa Ana, Newport Beach, Irvine, Anaheim, Huntington Beach and Laguna Beach. A Steering Committee with over twenty business leaders, superintendents and higher education representatives has actively solicited involvement from the community, parents, classrooms, and workplaces, and succeeded in putting in place a volunteer network of cooperative action. Mentorships and donations of workers for "in-kind" classroom assistance bring businesses directly to students. The needs of the business community in Orange County are as diverse as the student populations at the various participating high schools. For example, specific student populations have been targeted at schools where high immigrant populations identify language skills and comprehensive education as top priorities, while at an academically accelerated school, the term "non college-bound" has been reinterpreted at educators' insistence to include "all students" in the transition from school to the workplace, whenever it may occur. The needs of the local business community have been defined in cooperation with educators in such progressive documents such as business's "Entry Level Skills Requirements" and a document articulating the long-range commitment required of businesses which participate in THE VITAL LINK, as well as a draft of a "SMART CARD" of portfolio evaluation, based on ETS's Tampa model, WORKLINK, but specific to the needs of THE VITAL LINK philosophy and Orange County's school system and businesses. APR- 1-92 WFN 17:09 ARC P.04 3 THE VITAL LINK: New Jersey at pilot sites in Morristown/Montclair and Somerset/Hunterdon counties. Program coordinators have planned for Implementation of components of THE VITAL LINK: New Jersey on two levels: state-wide, and in two local sites, Morristown/Montclair Schools and Somerset/Hunterdon counties. Stato wide, large professional associations are being encouraged to participate in VITAL LINK concepts and activities. Favorable response from the New. Jersey Chamber of Commerce will help make the state's 200,000 businesses aware of THE VITAL LINK. THE VITAL LINK: New Jersey's portfolio evaluation component, has paired ETS with the State Department of Education. The ETS's WORKLINK computer resume program will provide a etate-wide electronic portfolio system for students to use when applying for jobs. This program, approved by the State Department of Education, will be introduced to the business community by the Private Industry Council. New Jersey will be the first state-wide network of the WORKLINK project, made possible through a special agreement between the State Department of Education and ETS. Implementation of THE VITAL LINK has occurred on the local level. THE VITAL LINK activities in Somerset and Hunterdon counties are coordinated by the Somereet/Hunterdon Business and Education Partnership. In Somersct county, THE VITAL LINK is currently bringing record numbers of employers into direct contact with students and teachers. Local businesses which have had a history of participation in the schools will continue classroom visils but will work with educators to affect long-term changes In curriculum, focusing on communication skills, problem-solving and work-related skills. The Morristown/Montclair site has developed at Montclair High School in collaboration with a program called 10K, using the Business Department to run employability skills class for students, grades 10-12. Summer internships and senior work-study programs are planned. TVL: New Jersey is also included in the New Jerscy Unified State Plan for Workforce Development. Additionally, the State Department of Vocational Education is continuing work on a competencies project that has developed competency standards for 25 of 100 occupations. FOR ADDITIONAL INFO: CONTACT MARY Lov MCDONALD MANAGER, COMMUNICATIONS 302-823-9300 Apr. 9 / Administration of George Bush, 1991 should be finally decreed. But I think we're pleasure to, as Bob says, talk to a group that going to win it. stands for success-a group that admits only Ambassador Brock. So do I. medium-sized companies that thrive in the Q. Mr. President, can Iraq be persuaded marketplace. But I've got to tell you, I feel to accept the refugees— a little funny being here. After all, I'm the The President. It doesn't have anything to CEO now of an outfit that's lost money for do with Fast Track. I want to talk about 33 of the last 35 years. [Laughter] Fast Track today, and we'll have no more But in keeping with today's theme- press conferences today because as I men- charting economic growth in the nineties— tioned to an earlier group we've had four in I'd like to talk about our administration's the last 3 days, and that's unfair to the plan for generating more American success press. [Laughter] Maybe four in the last 4 stories like your own. Our recent success in days-something like that. the Gulf has renewed Americans' belief in themselves. In just the past couple of Note: The President spoke at 1:21 p.m. in months, consumer confidence has soared. the Cabinet Room at the White House. In And the stock market, of course, has been his remarks, he referred to William E. climbing toward that 3,000 mark. Most Brock and Robert S. Strauss, former U.S. economists predict that the recession soon Trade Representatives; Dan Rostenkowski, will give way to a new cycle of growth. chairman of the House Ways and Means And, incidentally, we agree with that assess- Committee; George J. Mitchell, Senate ment, inside. Democratic leader; and Thomas S. Foley, But we can't rest on our laurels. There's Speaker of the House of Representatives. an entire world of competition out there. The administration's economic growth package is designed to let people like you do what you do best-create jobs, create Remarks at a Meeting of the American new opportunities, create wealth. Business Conference Let's start with an issue that we all have April 9, 1991 to address in the next month. And I think Bob just talked about it; Jim has been par- Thank you very, very much. And, Bob, ticipating in a meeting with me in the Cabi- thank you, sir, for that introduction and for net Room at the White House about it-I'm letting this distinguished group use this talking about the issue of free and fair meeting room today. It's always a pleasure trade. As you know, I have asked Congress to be back here. Let me also salute the to extend the Fast Track trade authority. ABC's leader, Jim Jones. What a job he's Fast Track, in my view, is another term doing. But I remember his effectiveness in for good faith. It guarantees that Congress the leadership role in the Congress, and I'm will accept or reject the very same agree- glad that those energies that he has are ments that our negotiators and their coun- being used and shared by all of you. We terparts have worked out. And this doesn't have many distinguished visitors with us weaken the Congress' power to review today, and I won't single them out. I was agreements; it simply prevents 11th-hour told that Bill Seidman and Richard Breedon changes that would force negotiators from were here. But as I look around, unless all countries to start over-to start from they're basking way back in anonymity scratch. somewhere, they may not have made it. Our trading partners consider Fast Track But in any event, I'm delighted to see a vital test of our reliability. And if we do this group. Great to talk to the American not retain the Fast Track process, we jeop- Business Conference. We did a little home- ardize three critical foreign trade initia- work on this, and I've been here four times tives: the Uruguay round of trade talks, the in recent years. And then, of course, we're North American free trade agreement, and privileged to have two of your own with us the Enterprise for the Americas Initiative. in the administration, Bob Mosbacher and Americans understand the benefits of Arthur Levitt. And it's an honor and a free trade. In the last 4 years, exports from 412 Administration of George Bush, 1991 / Apr. 9 ilk to a group that p that admits only the United States have increased 55 per- talent, our retirees; when communities fight that thrive in the cent, more than twice the rate of import harder to rip down barriers that prevent to tell you, I feel growth. And export business has grown effective teaching-barriers such as crimes After all, I'm the more rapidly than the rest of our economy. and drugs and community indifference. it's lost money for This trade boom has helped everyone in- volved. A North American free trade agree- And we also want to encourage entrepre- ughter] ment would place us in the largest integrat- neurship in education. We will support re- today's theme- in the nineties- ed market on Earth: 360 million people, $6 search into the best teaching methods and administration's trillion of annual output. It would also give techniques. We want to help workers im- our neighbors access to the technologies prove their knowledge and skills. Your Vital American success and products that they need to improve Link program offers a great way to achieve recent success in their standards of living, further clean their this goal. And we want to ensure that the ericans' belief in environments, and create a true community American people are the best educated, past couple of of nations on our continent. best motivated in the entire world. ence has soared. We also believe strongly in promoting Our economic proposals also sweep away course, has been trade. I have asked Bob Mosbacher to lead obstacles to free enterprise. What we're 000 mark. Most a governmentwide effort to help small- and trying to do-we're trying to unleash the e recession soon medium-sized companies sell their goods power of American imagination. cycle of growth. and services abroad. I know you support Your organization understands, I'd say with that assess- free trade, which is why I want to help you better than most, that runaway government in persuading Congress to extend the Fast spending steals opportunity from private r laurels. There's Track process. Without it, we will surrender citizens. Last year's budget agreement- tition out there. our chance to shape the emerging world controversial though it was-placed real onomic growth economy. Without it, we risk setting off the and stringent caps on congressional spend- people like you kind of protectionist warfare that helped ing. If Congress wants to spend money now, eate jobs, create produce the Great Depression. And with it, more money on certain programs, it'll have ealth. American workers and businesses will be to make the hard choices. It'll have to raise that we all have able to demonstrate their strength in a new taxes or take the money from other pro- nth. And I think and vibrant world market. grams. m has been par- Let me say that we are approaching this This year, for the first time in years, Fed- 1 me in the Cabi- Fast Track process on the Hill in a totally eral spending will actually increase less rap- ise about it-I'm nonpartisan manner. The Democratic lead- idly than the inflation. And I can promise f free and fair ers, several of the key Democratic leaders, you that if Congress sends me these spend- asked Congress are as enthusiastic about this Fast Track au- ing bills that break this budget, I will send trade authority. thority granting as I am. And we're ap- them back, with a veto message. is another term proaching it strictly because we believe that But there's lots more to do. We in gov- S that Congress it is best for the United States of America. ernment must do more. As vice president, I ery same agree- And I also know that it's good for our trad- headed the Task Force on Regulatory and their coun- ing partners as well. Relief. And as President, I remain commit- And this doesn't This brings me, then, to a second part of ted to weeding out regulations that prevent wer to review our growth package: creating an educated, people from creating jobs and opportuni- vents 11th-hour innovative work force. Our budget empha- ties. I see some know what over-regulation legotiators from sizes the importance of building an America means. [Laughter] But we're going to con- -to start from that is ready to take its place in an emerg- tinue to do this, and we must. Last year ing world economy. It stresses the absolute regulations-here's why-last year regula- ider Fast Track necessity of an educated nation. We want to tions cost the economy at least $185 billion, And if we do reinvent the American school, to create a or $1,700 for every taxpayer. The Govern- rocess, we jeop- nation of students, to make sure that educa- ment generated more than 5.3 billion hours n trade initia- tion offers opportunity to everyone. of paperwork last year. And that's enough trade talks, the Our education strategy starts with some to keep 2 million people busy doing nothing agreement, and very obvious truths: that schools succeed but filling out forms. ricas Initiative. when teachers teach; when parents support Our Council on Competitiveness, as he benefits of the schools; when schools accept help from chaired by Vice President Quayle, attacks S, exports from people with skills-local businesses, commu- the scourge of unnecessary regulation. We nity colleges, that huge pool of untapped want to let people turn their attention to 413 Apr. 9 / Administration of George Bush, 1991 the more important and rewarding work of dream. And similarly, we should foster inno- building a prosperous future. We've fol- vation wherever we can. lowed the same approach in looking at our Our budget advocates increased Federal Tax Code. We want a tax system that re- support for R&D, for research and develop- wards enterprise. I have repeatedly asked ment, in basic and applied science. It also the United States Congress to cut our high encourages private-sector innovation by ex- capital gains tax. And I can't think of any tending the research and experimentation issue that's been more badly misrepresent- tax credit. Our administration understands ed than this one. Our critics say that a cap- the power of knowledge, and we want the ital gains cut helps only the rich. And in my Tax Code to reward people who turn their view, they are dead wrong. big dreams into revolutionary new goods Here are the facts on it. More than a and services. quarter of all families who file capital gains And finally, this administration believes have annual incomes of less than $20,000 a in protecting workers' earnings and savings. year. More than three-quarters of all fami- Our banking reform proposals-they try to lies who declared make less than Members modernize the laws that affect our banking of Congress. A capital gains cut isn't a sop system. Let's face it: 1930's regulations and to the rich. It rewards people who turn restrictions don't cut it in the 1990's. good ideas into goods and services-goods To pick just one example, under our cur- and services that people need. rent laws, a California bank can open a When taxes on entrepreneurship are branch in Birmingham, England, but not in high, investors have no incentive to risk Birmingham, Alabama. Think of the bank- money on untried businesses and entrepre- ing system as an irrigation network for the neurs. Before Congress cut the capital gains economy. When it works properly, it nour- rate in 1978, the pool for start-up businesses ishes the seeds of economic growth. And had virtually dried up. And after the cut, when it doesn't, companies like the ones we experienced an investment boom. Be- represented here can wither and die. Our tween 1978 and 1986, the number of initial reform package tries in a very comprehen- public offerings increased nearly 1600 per- sive way to make our banking system more cent, from 45 to 719. The amount of invest- competitive, up to date, safe and sound. ment seed money increased nearly a hun- We also believe in protecting retirees dredfold, from $250 million to $22.5 billion. from undue hardship. Eight years ago, Con- Capital gains payments to the Federal Gov- gress adopted measures to guarantee the ernment quadrupled. This is what happens short-term solvency and long-term stability when you reduce the cost of capital. of the Social Security system. Congress We must encourage savings and discour- should resist any temptation to undermine age debt. And for the past 4 years we've that stability by permitting raids on the taxed capital gains like any other form of trust fund balances. We need to honor our income. And at the same time, we have promises to the workers and retirees. I encouraged people to take on debt. Not sur- know we've got a fight on this one. But I prisingly, people have borrowed more and believe we're going to prevail. invested less. Home equity lines of credit I know I have covered a lot of ground, offer a perfect example. These devices, touching on a lot of different issues here, which let homeowners borrow against their but I wanted to make a point. Our growth increased home values, have nearly tripled package addresses the challenges posed by in volume since tax reform. a new, exciting, rapidly changing world. No other major industrial power taxes Our themes: We want to promote growth. capital gains at nearly the rate we do. Ger- We want to create jobs for all Americans. many and Japan enjoy much higher savings We want to unleash the power of American and investment rates in part because they imagination. We want to ignite people's am- don't punish successful investment. bitions, rather than inciting their fears. My point is simple: Taxes on growth are Many people call the 20th century the taxes on the American dream. We should American century. Well, we shouldn't be clear away obstacles to the American content with that. The stunning collapse of 414 Administration of George Bush, 1991 / Apr. 10 communism in 1989 was no accident. a friend of education, Governor Caperton, should foster inno- During the 1980's, the Communist world who you met earlier. learned that no wall, no barrier can fend off I'm told that a former Member of Con- increased Federal powerful ideas. It saw our prosperity and gress, Harley Staggers, is here. I'm not fo- earch and develop- our vitality. It saw that our way is better. cusing too well from up here, but if he- ed science. It also The prosperity of the 1980's, which began they're pointing out here. But anyway- innovation by ex- with tax cuts and progrowth policies in the way back over there. But Harley, nice to d experimentation United States, transformed the entire world. see you, sir-a man that served his State ration understands Our challenge now is to shape the revolu- with great distinction. I want to single out and we want the tion that we started to make the 21st centu- Commissioner Benedict and Superintend- ole who turn their ry the next American Century. ent Marockie; John Quam, the director of ionary new goods And so, I ask your help in that quest. the National Teacher of the Year Program; Together, with business working coopera- and of course, your own principal-and now nistration believes tively with government, we cannot fail. that I feel a part of this school, our own rnings and savings. Thank you all very much for coming to principal-Gary Kidwell. posals-they try to Washington. And may God bless our great Let me say that I'm especially pleased, on affect our banking country. this whole broad national education front, )'s regulations and to be side-by-side with Lamar Alexander-a the 1990's. Note: The President spoke at 2:07 p.m. in former Governor, a man that is committed, le, under our cur- the Great Hall at the Department of Com- a former head of a great university system, bank can open a merce. In his remarks, he referred to Secre- now our Secretary of Education-a man ngland, but not in tary of Commerce Robert A. Mosbacher; L. who has made it his mission, his sacred mis- hink of the bank- William Seidman, Chairman of the Federal sion, to join with the teachers of this school n network for the Deposit Insurance Corporation; Richard and others all across this country to make properly, it nour- Breedon, Chairman of the Securities and mic growth. And America's schools second to none. And very Exchange Commission; and Arthur Levitt, ies like the ones soon, back in Washington, we are going to nominated to be a member of the Defense her and die. Our unveil our National Education Strategy. It's Base Closure and Realignment Commission very comprehen- a long-term strategy to make America all and former chairman of the American king system more that it can be-to spark a nationwide move- Stock Exchange. afe and sound. ment that touches every school and every student in America. rotecting retirees at years ago, Con- But today I want to focus on the fact that, to guarantee the in the end, everything we try to do in edu- ong-term stability Remarks at the Presentation Ceremony cation comes down to teaching and learn- system. Congress for the National Teacher of the Year ing, to each teacher and each student in our on to undermine Award in Slanesville, West Virginia classrooms. There's no better way to make ng raids on the April 10, 1991 that point than to come here to honor eed to honor our someone Slanesville knows so well, the 1991 and retirees. I The President. Well, please be seated. National Teacher of the Year, Rae Ellen n this one. But I Kids, it's great to be with you. And you McKee. vail. ought to be very happy that I'm here be- You know, the last time I went to a a lot of ground, cause you don't have to be in school work- school, it was just a few miles away from rent issues here, ing hard, you see. [Laughter] To all those the White House, and I had a third-grade oint. Our growth who handled the arrangements for a com- kid, a boy ask me to prove that I was the illenges posed by plex visit like this, let me at the very begin- President. [Laughter] I finally showed him changing world. ning express my sincere thanks to you, and my American Express card. [Laughter] And promote growth. we promise to leave right on time so things this time I came prepared, though. I or all Americans. can get back to normal in this beautiful part brought the Secretary of Education so there wer of American of our country. can be no doubt. And then I flew down nite people's am- I want to thank Secretary Alexander for here on Marine One. And third, when their fears. his remarks, for his kind words. Thank all of. we're done here, just to prove it, I'm going 0th century the you for this West Virginia welcome. It's to take Mrs. McKee back up to the White we shouldn't be good to see the Governor of this State here, House with me. uning collapse of 415 We must work together to establish a business climate that encourages growth and investemtn, that lets American business do its thing. That lowers the cost of doing business -- cutting taxes and the deficit to cut the cost of capital. I ask businessmen to make their decisions on the basis of international competitiveness. We are the most productive nation on earth, we enjoy the highest standard of living. With one-twentieth of the world's population, we produce one-fourth of the world's goods and services. Why? Because of our resiliency; because we changed as conditions changed. We've never been afraid of the future, to innovate, to take risks, to test the untested. Because of that America has been the agent of change, led the world, never fearing to be out front. But this edge is not a birthright. We will only continue to lead, to provide a better life for our children, if today we take steps that guarantee our power to shape the world. That means change: it means reform. The world is changing, and we must change with it. We must recongnize that there are trends that endanger our leadership. You feel them everyday, in the most immediate way -- the cost of doing what you do, business. Our system has become distorted by forces that only comprehensive reform can alleviate. These forces force you to divert expenditures into non-productive tasks, investments with no return. The Five Pillars of Reelection: 1) health care reform 2) legal reform We must close those loopholes that litigants can exploit, deprive the system of the instruments used to delay the administration of justice and the resolution of disputes. The lawsuit in the wrong hands has become an instrument of social engineering, used by special interests unable to enact their agenda -- often an agenda hostile to business -- through normal democratic processes. Much litigation is fueled by an animus toward free enterprise itself. Engineers sitting around to testify in court cases. Fear of frivolous lawsuits can discourage innovation without a compensatory addition to the public welfare. We have ceased to look on the lawsuit as a grim last resort, because our system of civil litigation makes lawsuits preferable to more informal efficient and less rancourous means of resolving disputes. It is extraordinarily easy to initiate a lawsuit, and extraordinarily difficult to finish one. The system must be changed. You're called upon to put r&d on hold. The costs of complying with catch-all discovery requests in which, to use the words of one judge, the parties simply exchange filing cabinets. Would that it were that simple. We must offer alternatives to litigation, the multi-door courthouse. Loser pays -- we have called for a limited, experimental application of this, ot weed out frivolous claims or discourage them from ever being initiated. FEar of medical malpractice suits alone generates up to $20 b a year in added medical costs the Philadelphia woman who sued her doctor because a cat scan distorted her psychic ability to communicate with John Milton; or the litigant who sued a state lottery because she didn't win the grand prize, and was awarded $400,000 for emotional trauma. All entertaining, but you understand the seriousness of this issue, and how much it costs -- how much it costs all of us. "Almost half of all U>S> manufacturers have wihdrawn products from world markets, according to a recent survet by the Conference Board A quarter of US companies have discontinued some fors of product research. Approximately 15 percent of companies have dismisse dworkers because of stringent product liability laws. 20 yrs. ago, 13 companies did research on fertility. 11 years later there was one We have 20 times the number f lawyers as Japan per capita. whole industries have been destroyed -- for example, the light aircraft industry; once employed 22,800 workers, now 6,000 after a decade. Talk about lost opportunities: 94,2000 people applied to law school last year -- human capital driven into a profession whose addition to the commonwealth is highly dubious. a huge reservoir of human capital drained into an enterprise whose use is increasingly dubious. I leave aside the for now the rancor and ill-feeling that litigation inspires, the disruptions to the civility of our common life that come from drawn-out duels between lawyers. I can focus instead on the costs to you, on the drain on our productivity and hence on our competitiveness. These costs are passed along to the consumer in the form of higher prices, with the dampening effect higher prices necessarily entail. Or you have to absorb the higher costs yourselves, lowering your profit margins and increasing your expenses. 3) education reform English is now the language of international business. April 1, 1992 MEMORANDUM FOR ANDY FERGUSON FROM: BOB SIMON PR SUBJECT: STATISTICS HEALTH CARE COSTS Businesses paid $186 billion for health care in 1990 -- almost triple what they spent 10 years ago. This is 29% of all health care costs. These costs now represent 45% of all fringe benefits provided to employees, double the share of benefits in 1965. EXPORTS O Merchandise exports rose 30% over the last three years. During that time, the trade deficit has been almost cut in half. BUSINESS TRAINING Businesses spend $30 billion a year in formal training for their employees, 1% to 2% of their payroll costs. Bob -- -- Here are some possibilities. I'm checking with Education to find the best "can't even write a complete sentence" statistic. Only one-third of our students leave grade 12 "competent" in mathematics (1990 data). More than two-thirds of our sevetnteen-year-olds were unable to date the Civil War within the corrent half-century (1986 data). Only [ %] could find France on a map. Only about half leave high school understanding government structures and function (e.g., the separation of powers). Roe April 1, 1992 NOTE TO RAE NELSON As requested, attached are some facts which illustrate the poor state of U.S. education: o From international studies of academic achievement we find: - Americans rank progressively worse on international comparisons. On a 1986 study of science achievement, the U.S. ranked 8th (out of 15 countries) in grade five; 14th in grade 9; and last in grade 12. - A 1982 study of mathematics found that the most able U.S. students scored the lowest among comparable students from lowest in calculus. all participating countries in algebra and were among the - Despite our poor showing on international mathematics comparisons, about two-thirds of 13-year-old U.S. students felt that they were good at math. Only 23 percent of Korean students, the highest achievers, felt this way. O that: From the National Assessment of Educational Progress, we know - Less than 3 percent of 17-year-olds can write a persuasive letter applying for a job. letter and only 20 percent can write a simple two-paragraph - Only 12 percent of 17-year-olds can arrange a series of simple fractions in order of magnitude. - Less than one-third of 17-year-olds know in which half century the Civil War occurred. O On an international test of geography knowledge, the U.S. was the only country tested in which young adults know less geography than do older adults. In addition, only about one- third of Americans ages 18-24 could locate Vietnam on a map and 45 percent did not where Central America was. Finally, a greater percentage of young adults in Japan, Canada, Mexico, U.S. Sweden, and Central America knew the correct population in the The 1991 average score on the verbal portion of the SAT sank to an all-time low of 422, while the average math score dipped for the first time since 1980 to 474. Alan Ginsburg 04/01/92 16:57 202 5350514 1001 U.S. Department of Labor Employment and Training Administration 200 Constitution Avenue, N.W. Washington, D.C. 20210 E THE Facsimile Transmittal Form Date: 4-1-93 Pages to Follow: To: Bob Simon From: Dolores Battle Fax #: 456-6218 Tel #: 535-0236 Of: WHITE HOUSE Subject: Distribution: Normal Urgent/Hand Carry Confidential Comments: As promised. 04/01/92 16:58 202 5350514 002 TRAINING PARTNERSHIPS INTRODUCTION Training Partnerships: Linking Employers and Providers A merican employers spend employers are turning to outside training providers for about $30 billion, or 1 to 2 assistance. percent of their payrolls an- This report looks at the provider community and how employer-provider relationships are developed nually on formalized training and sustained over time. Through checklists and for their workers. About 69 percent or $21 billion is in- decision-trees, it also attempts to assist employers in vested in training that companies design, develop, and making more informed decisions regarding the pur- deliver using in-house resources. But, 31 percent or $9 chase of provider training: and it aims to help pro- billion is expended on training that is purchased from viders understand more fully what drives employers outside providers. to reach the "make or buy" decision. Several large players have slices of the $9 billion Partnerships between employers and training pro- training provider pie. Four-year colleges and univer- viders such as educational institutions, unions, public sities get the largest slice at about $2.9 billion. Com- job training underwriters, and private training sup- munity colleges and technical institutes ring up about pliers are common. Over the years, they have become $1.4 billion, while vocational and other schools provide widely recognized as an important tool for cost- about $760 million in training. Investment in training effectively meeting the evolving training needs of provided by community organizations and private in- employers. structors, are underwritten by government funding ac- As employers have become more sophisticated about counts for another $928 million. Professional, trade, the availability, quality, and services of outside train- and labor organizations ing providers, they have provide about $1.3 billion. moved to build new and And the training industry, more flexible partnerships. composed of large and Often, they have taken the small suppliers of train- initiative in developing ing assistance, provides cost-effective, long-term about $1.5 billion in train- relationships that spawn a ing services to employers renewable source of skills annually. (See Figure 1). and knowledge. Providing training to Providers have done companies is big business. their part as well to foster And it's growing. Techno- and sustain partnerships. logical and process innova- They have worked hard to tions are driving skill re- be flexible and adaptable quirements upward as in response to employer workers struggle to adapt needs. And, they have ag. to changing times. Com- gressively moved to por- plicating this picture is a tray their services in terms shifting demographic land- of return on investment for scape that has America's both an employer and its existing workforce aging community. and its entry-level labor In fact, the idea of part- pool shrinking, creating a nerships has become SO whole new set of challenges around basic skills defi- popular and grown so quickly in all fields that it has ciencies and learning styles. The massive job of pre- spawned a litany of terms to capture the essence of paring workers to fine-tune their existing skills and these endeavors. One of the most well-known and acquire new ones is often too big for an in-house train- popular phrases to describe relationships between ing department to handle alone. So, increasingly, employers and outside providers is linkages. Linkages 1 INTERNATIONAL STATISTICS 8 INDUSTRIAL PRODUCTION AND CONSUMER PRICES-MAJOR a INDUSTRIAL COUNTRIES Industrial production = 100; seasonally adjusted) Consumer prices (1982-84 = NSA) Period United United United United Canada Japan France States Germany Italy Canada Kingdom Japan France States 1 Germany Italy Kingdom 1982 81.9 76.5 82.9 97.3 90.3 '91.7 86.4 96.5 94.9 98.0 91.7 97.0 87.7 95.4 1983 84.9 81.5 85.5 96.5 90.9 '88.9 89.6 99.6 100.4 99.9 100.3 100.3 100.8 99.8 104.8 1984 92.8 91.4 93.4 97.1 93.5 91.8 89.7 103.9 104.8 102.1 108.0 102.7 111.5 1985 94.4 96.5 96.8 97.2 97.7 92.9 94.6 107.6 108.9 '104.1 114.3 '104.8 121.1 111.1 1986 95.3 95.4 96.6 98.0 99.6 96.2 96.9 109.6 113.4 '104.8 117.2 104.7 128.5 114.9 1987 100.0 100.0 100.0 100.0 100.0 100.0 100.0 113.6 118.4 '104.9 121.1 104.9 134.4 119.7 1988 105.4 105.5 '109.2 104.7 103.9 105.9 103.6 118.3 123.2 105.7 124.4 106.3 141.1 125.6 1989 108.1 105.3 '115.9 108.9 108.7 109.2 104.0 124.0 129.3 '108.0 128.9 109.2 150.4 135.4 1990 109.2 100.8 121.4 110.2 114.6 '109.4 103.4 130.7 135.5 111.4 133.2 112.1 159.6 148.2 1991 P 107.1 124.2 100.4 136.2 143.1 115.0 137.2 116.0 169.8 156.9 1990: Nov 108.3 97.4 '124.3 108.0 116.6 106.8 100.8 133.8 138.2 '113.1 135.0 113.2 163.6 152.7 Dec 107.2 96.4 '123.8 106.0 116.2 109.6 100.2 133.8 138.1 '113.0 134.9 113.3 164.2 152.6 1991: Jan 106.6 '96.2 '125.8 110.4 119.1 108.6 '99.7 134.6 141.7 '113.8 135.5 114.0 165.4 153.0 Feb 105.7 95.4 '125.7 109.4 118.3 108.4 '101.3 134.8 141.7 '113.5 135.7 114.3 167.0 153.8 Mar 105.0 95.1 123.0 106.8 118.3 108.2 '101.3 135.0 142.3 '114.0 135.8 114.2 167.4 154.4 Apr 105.5 96.3 123.3 109.8 117.8 103.3 98.7 135.2 142.3 '114.7 136.3 114.7 168.2 156.4 May 106.4 '96.9 126.0 109.6 116.9 104.6 '98.5 135.6 143.0 '115.3 136.6 115.2 168.8 156.9 June 107.3 97.4 122.8 109.7 121.6 110.5 '101.5 136.0 143.7 '114.8 136.9 115.8 169.7 157.6 July 108.1 '97.8 126.6 '110.9 119.5 106.3 101.6 136.2 143.8 '114.7 137.4 116.8 169.9 157.2 Aug 108.0 97.5 122.8 '110.9 117.3 104.1 '100.0 136.6 143.9 '114.9 137.7 116.8 170.4 157.6 Sept 108.4 98.1 123.7 '109.3 117.5 '107.6 '100.2 137.2 143.7 '115.1 138.0 117.0 171.1 158.1 Oct 108.4 97.5 123.9 '110.6 '117.5 105.5 '100.9 137.4 143.4 '116.4 138.6 117.4 172.6 158.7 Nov r 108.1 97.5 '123.8 109.9 119.0 111.1 100.4 137.8 144.0 '116.6 138.9 117.9 173.8 159.3 Dec 107.6 122.6 100.1 137.9 143.4 116.0 139.1 118.0 174.2 159.4 1992: Jan P 106.7 138.1 144.0 118.6 175.5 159.3 1 Data relate to all urban consumers. Source: National sources as reported by Department of Commerce (Bureau of Economic Analysis and International Trade Administration, Trade Information and Analysis). U.S. MERCHANDISE EXPORTS AND IMPORTS [Billions of dollars; monthly data seasonally adjusted] Merchandise exports (f.a.s. value) 1 General merchandise imports (customs value) 3 Trade balance Principal end-use commodity category Principal end-use commodity category General Auto- Con- Auto- Con- mer- Indus- Indus- Period motive sumer motive chandise Exports Exports Foods, trial Cap- trial Cap- sumer Foods (f.a.s) less (f.a.s) Total 2 ital vehi- goods ital vehi- feeds, Total feeds, goods imports sup- and goods cles, (non- sup- cles, (c.i.f. imports less plies and plies goods (non- Other 2 Other (customs imports bever- except food) parts, food) value) and parts, bever- and except value) (c.i.f.) auto- and except auto- and ages materi- ages materi- except motive en- auto- motive en- auto- als als gines motive gines motive 1982 216.4 31.3 61.7 72.7 15.7 14.3 20.7 244.0 17.1 112.0 35.4 33.3 39.7 6.5 254.9 -27.5 -38.4 1983 205.6 30.9 56.7 67.2 16.8 13.4 20.5 258.0 18.2 107.0 40.9 40.8 44.9 6.3 269.9 -52.4 -64.2 1984 224.0 31.5 61.7 72.0 20.6 13.3 24.0 4 330.7 21.0 123.7 59.8 53.5 60.0 7.8 346.4 -106.7 -122.4 1985 5 218.8 24.0 58.5 73.9 22.9 12.6 27.3 4 336.5 21.9 113.9 65.1 66.8 68.3 9.4 352.5 -117.7 -133.6 1986 5 227.2 22.3 57.3 75.8 21.7 14.2 35.9 365.4 24.4 101.3 71.8 78.2 79.4 10.4 382.3 -138.3 -155.1 1987 254.1 24.3 66.7 86.2 24.6 17.7 34.6 406.2 24.8 111.0 84.5 85.2 88.7 12.1 424.4 -152.1 -170.3 1988 322.4 32.3 85.1 109.2 29.3 23.1 43.4 441.0 24.8 118.3 101.4 87.7 95.9 12.8 459.5 -118.5 -137.1 1989 363.8 37.2 99.3 138.8 34.8 36.4 17.2 473.2 25.1 132.3 113.3 86.1 102.9 13.6 493.2 -109.4 -129.4 1990 393.6 35.1 104.4 152.7 37.4 43.3 20.7 495.3 26.6 143.2 116.4 87.3 105.7 16.1 517.0 -101.7 -123.4 1991 421.9 35.8 109.2 166.8 39.9 46.1 24.1 488.1 26.5 131.4 121.4 84.8 108.0 16.0 509.3 -66.2 -87.5 1990: Dec 33.6 2.6 9.2 13.2 2.8 3.8 1.9 39.9 2.2 11.6 9.8 6.6 8.3 1.3 41.6 -6.3 -8.0 1991: Jan 34.1 2.7 9.5 13.0 3.1 3.9 1.9 41.5 2.2 12.2 9.9 7.3 8.6 1.3 43.4 -7.4 -9.2 Feb 33.6 3.1 9.7 12.4 2.6 3.9 1.9 39.1 2.1 10.8 9.9 6.7 8.5 1.2 40.9 -5.5 -7.3 Mar 34.0 3.0 8.9 13.5 2.9 3.8 1.9 38.1 2.1 10.1 9.9 6.6 8.0 1.3 39.8 -4.1 -5.8 Apr 35.6 2.9 9.2 14.4 3.4 3.8 1.9 40.1 2.4 11.0 10.4 6.7 8.5 1.3 42.0 -4.5 -6.4 May 35.3 3.0 9.4 13.7 3.5 3.8 2.0 40.1 2.3 11.3 10.1 6.5 8.4 1.5 41.8 -4.8 -6.6 June 35.0 2.9 8.7 14.4 3.5 3.7 1.9 38.8 2.3 10.5 9.8 6.6 8.1 1.4 40.4 -3.8 -5.5 July 35.2 3.1 9.1 13.7 3.6 3.7 2.1 41.2 2.3 10.8 10.4 7.2 9.3 1.3 43.0 -5.9 -7.8 Aug 34.4 2.9 9.1 13.4 3.2 3.7 2.0 40.9 2.1 10.9 9.9 8.0 8.7 1.3 42.7 -6.5 -8.3 Sept 35.3 3.0 8.5 14.3 3.6 3.8 2.1 42.3 2.2 11.2 10.3 7.6 9.6 1.3 44.1 -6.9 -8.8 Oct 37.1 3.2 9.3 14.4 3.8 4.2 2.2 43.4 2.2 11.2 10.6 7.9 10.3 1.4 45.2 -6.3 -8.1 Nov 36.9 3.2 8.8 15.4 3.7 4.1 1.8 41.1 2.2 10.8 9.7 7.2 9.9 1.4 42.8 -4.2 -5.9 Dec 36.1 3.4 8.9 14.2 3.3 3.9 2.4 42.1 2.3 11.0 10.5 7.1 10.0 1.3 43.9 -5.9 -7.7 1 Includes Department of Defense Military Assistance Program grant-aid shipments. 5 Total exports are on 8 revised statistical month basis; end-use categories are on a statistical 2 Includes undocumented exports to Canada through 1988. month basis. 3 Total arrivals of imported goods other than intransit shipments. 4 Total includes revisions not reflected in detail. NOTE.-Data shown include trade of the U.S. Virgin Islands. Source: Department of Commerce, Bureau of the Census. 35 04-01-92 10:22AM 1705 EQUIQABLE HCA 'A P01/** FACSIMILE TRANSMI Health Care Financing Administration Office of the Actuary ADDRESSEE: (Name, Organization, Address) FR / Bob Simon KATHARINE R. LEVIT Chief, National Health Expenditures Branch Office of National Health Statistics Room L-1, EQ05 410 6325 Security Boulevard (304) 966-7942 Beltimors, MD 21207 FAX (304) 965-6371 Phone: 456-7750 Phone: 410 TOTAL PAGES: ADDRESSEE'S FAX MACHINE PHONE NUMBER: DATE: (Witheut Cover) (If Knewn) 11 202-456-6218 4/1/92 REMARKS: If you have any questions, please call Cathy Cowan (410-966-4880) or me. IF FAX MACHINE RETRANSMISSION IS NECESSARY PLEASE CALL: AT: (Name) (Phene) REQUESTOR'S INSTRUCTIONS TO RECEIVER: Please cell: at (Name) for pick-up (Phone) Mail copies for Location: Retain copies in files. 04-01-92 23AM 1705 EQUIQABLE HCA 'A P02/** Health Care Financing Trends Business, households, philanthropic contributions to health organizations, and governments: income taxes, earnings reduced by increases in employers' health insurance costs, and higher cost of Health care costs, 1990 products. HSS amounted to $643.4 billion in 1990, an increase by Katharine R. Levit and Cathy A. Cowan of 10.5 percent since 1989, the third consecutive year that HSS has grown at double-digit rates. Over time, the This annual article presents information on health care primary responsibility for sponsoring health care costs costs by business, households, and government. shifted from the household to other sources, such as Households funded 35 percent of expenditures in 1990, business and government. In 1965, households paid for government 33 percent, and business, 29 percent. During 61 percent of all HSS, with business accounting for the last decade, health care costs continued to grow at 17 percent and public programs accounting for annual rates of 8 to 16 percent. Burden measures show 21 percent. By 1990, the distribution of payments that rapidly rising costs faced by each sponsor sector are changed, so that each of the major components accounted exceeding increases in each sector's ability to fund them. for approximately one-third of the health care cost Increased burden is particularly acute for business. (Figure 2). Because of these changes, business is The authors discuss the problems these rising costs pose becoming extremely concerned over the costs of health for business, particularly small business, and some of the care and the amount of resources being consumed. This strategies businesses employ to constrain this cost was especially true in 1990, as the United States entered growth. a recession. The recession caused growth in consumer spending for most goods and services to slow down, Introduction while spending for health care continued to grow unabated. National health expenditures consumed 12.2 percent of Business paid $186.2 billion for health care in 1990 the gross national product (GNP) in 1990 (Levit et al., (Table 1), 29 percent of HSS. Business estimates include 1991) and are expected to rise to 16.4 percent of GNP in expenditures for all types of organizations-sole the year 2000 (Sonnefeld et al., 1991). These increases proprietorships, partnerships, and corporations. These raise concern over the availability of resources to pay for payments cover employer contributions to health upwardly spiraling health care costs-resources that differ insurance premiums for employees, mandatory employer by sponsor. By measuring the burden health care costs contributions to the Medicare hospital insurance trust impose on each sponsor, we can track mounting pressure fund, workers' compensation medical premiums, within the separate sponsor sectors that will trigger temporary disability medical insurance, and industrial change. These pressures have been building for both inplant services. business and government for several decades; however, The employer contribution to employee health for the household sector, increasing health care cost insurance premiums accounts for the largest portion of burdens are only beginning to be felt. private business health spending: $139.1 billion, or The analysis presented in this article builds on the 75 percent. The second-largest component is the national health accounts (NHA), which present spending employer contribution to the Medicare hospital insurance by health care bill payers such as Medicaid, Medicare, trust fund, which, at $29.7 billion, holds a 16-percent and private health insurance. The NHA estimates are share. Workers' compensation. temporary disability rearranged and disaggregated to permit an examination of insurance, and industrial inplant health services comprise sponsors of health care who provide funding to bill the remaining $17.4 billion, or 9 percent of private payers. These major sponsors of health care are business, business health spending. Since the advent of Medicare households, government, and non-patient revenues. Their and Medicaid in 1966, these component shares of private spending is measured as expenditures for health services business health care expenditures have remained stable. and supplies (HSS) that represent the cost of health care Despite stability of each business components' share of excluding research and construction. Some payments for business health spending, business' overall share of HSS HSS by sponsors pass through health care bill payers has risen. Each major component contributed to rising such as insurance and government, while other payments business health care costs and caused the business share (e.g., out-of-pocket, non-patient revenues) flow directly of the total health care bill to grow. The expansion of into the health care system (Figure 1), In this article, one employer-paid insurance in both the number of workers additional level of payer is revealed beyond those and dependents covered and in breadth of coverage is presented in NHA. Ultimately, however, the individual well known. Employers also shared in paying for public bears the primary responsibility of paying for health care insurance premiums of their employees through Federal through health insurance premiums, out-of-pocket costs, Income Compensation Act (FICA) taxes for Medicare. The growth in Medicare contributions was the result of increases in either the annual maximum taxable earnings, Reprint requests: Anna Long, Office of National Health Statistics, L-1, on which the employers' and employees' Medicare EQ05, 6325 Security Boulevard, Baltimore, Maryland 21207. contribution was applied, or the contribution rates, or both. In 1966, the maximum taxable earnings level was Health Care Financing Review/Winter 1991/Volume 13, Number 2 83 04-01-92 0:26AM 1705 EQUIOABLE HCA 'A P03/** Figure 1 Flow of funds from sponsors of health care Into the health care system: United States, 1990 (Amount in billions) Government: $212.9 Business: $186.2 Non-patient revenues¹: Household: $224.7 $19.6 insurance premiums for individually Insurance premiums for Insurance premiums: $139.1 purchased and employer-sponsored employees: $35.1 Medicare contributions: $29.7 policies: $42.6 Federal programs: $104.7 Workers' compensation and temporary Medicare contributions and premiums: 45.9 State and local programs: $73.2 disability insurance: $15.2 Out-of-pocket: $136.1 Industrial inplant: $2.2 Private health insurance: Public programs: $216.8 $268.6 Health services and supplies: $643.4 Hospitals $256.0 Drugs and medical sundries $54.6 Physicians $125.7 Dental care $34.0 Nursing homes $53.1 All other² $120.0 Private health insurance Public programs Other private payments 1 Includes revenues from philanthropy, and income from the operation of gift shops, cafeterias, parking lots, and educational programs, as well as those 2 Includes home health care, other professional services, durable medical equipment. other personal health care, administration and net cost of received from assets such as interest, dividends. and rents. insurance, and government public health activities. SOURCE: Health Care Financing Administration, Office of the Actuary: Data from the Office of National Health Statistics. $6,600 with a contribution rate of 0.35 percent; by 1990, paying for health care of the elderly and indigent. Also, these had risen to $51,000 and 1.45 percent, respectively. employer-sponsored insurance grew dramatically Household spending accounted for $224.7 billion, or throughout this time period. Insurance is the major cause 35 percent, of expenditures in 1990. This total covered of business health care cost rising from 17 percent of spending for health insurance premiums, including the HSS in 1965 to 29 percent in 1990. Employer-sponsored employee contribution to employer-sponsored or insurance plans reallocated health care expenses from the individually purchased policies, contributions and household to private and public employers. premiums to Medicare trust funds, and out-of-pocket Non-patient revenues, including philanthropic funds, payments. Out-of-pocket spending includes copayments, providers' interest income, and revenues from other deductibles, and payments for services not covered by non-patient care activities, were $19.6 billion in 1990. insurance (for individuals with either limited or no Non-patient revenue estimates transfer directly from the NHA and have been responsible for 3 percent of HSS insurance). Household spending as a share of HSS has felt the since 1980 (Table 2) and 2 percent from 1965 to 1980. largest impact, as the sources of health care payments Public expenditures from general revenues, which changed over time. In 1965, households accounted for include spending for some of Medicare and all of 61 percent of all HSS expenditures; by 1990, households Medicaid. reached $212.9 billion in 1990. This spending accounted for 35 percent (Table 2). This change is in part accounts for 33 percent of HSS. Public expenditures in a result of the advent of Medicare, Medicaid, and other this payer taxonomy include payments for health care public programs that increased the government role in programs such as Medicaid, Medicare, U.S. Department Health Care Financing Review/Winter 1991/Volume 13, Number 2 84 F "nith Non-patient revenues 50 40 Percent 30 20 10 0 1965 1970 1975 1980 1985 1990 Year SOURCE: Health Care Financing Administration, Office of the Actuary: Data from the Office of National Health Statistics. of Defense, maternal and child health, and other Federal These aggregate private business health insurance and State and local programs. For the purpose of premiums summarize the experience of business realigning payments to the sponsors of health care, the nationally. They represent the experience of all sizes of estimates for Medicare include only general revenue establishments in all industries. These premiums for funds. These funds flow into the Medicare trust fund hospital, medical, dental, prescription drug, and vision from taxes. The other sources of funds for Medicare, coverage include those paid to insurance companies, premiums and contributions, are allocated to the health Blue Cross and Blue Shield organizations, and health care sponsor (households or business) that paid them. maintenance organizations, as well as the costs incurred Public expenditures also include insurance premiums for by businesses that self-insure health care benefits. These employees of government agencies. In 1990, these aggregate private business health insurance premiums insurance premiums amounted to $9.2 billion for Federal cover only the employer contributions for policies of employees and $25.9 billion for State and local current workers, retirees, former workers, and employees. dependents. They measure the aggregate financial impact on business of the provision of health care benefits to Business expenditures workers. Other private sector surveys report growth rates for In 1990, expenditures by private business accounted for employer-sponsored health insurance that are higher than, 29 percent of health services and supplies, or although not necessarily inconsistent with, those $186.2 billion. Private business financed health care estimated in this article. A. Foster Higgins (1991) reports through contributions to the Medicare hospital insurance growth rates in premiums per covered employee of trust fund ($29.7 hillion), payments for the medical 21 5 percent for fee-for-sel plans In 1990 and for all portion of workers' compensation and temporary plans of 17.1 percent. The Health Insurance Association disability insurance premiums ($15.2 billion), and of America (HIAA) survey cites premium increases of industrial inplant health services ($2.2 billion). The 14 percent per covered worker (Sullivan and Rice, 1991). primary method of business support of health care is Close examination of these statistics reveals differences in through the provision of health insurance for employees. what these growth rates measure (employer-only versus The premiums for health insurance cost business $139.1 employer and employee costs; aggregate versus per billion in 1990, an increase of 10.6 percent from 1989. employee costs) and scope of business (and governments) covered. Health Care Financing Review/Winter 1991/Volume 13, Number 2 85 04-01-92 0:29AM 1705 EQUIQABLE HCA 'A P05/** Table 1 Expenditures for health services and supplies, by type of payer: United States, selected calendar years 1965-90 Type of payer 1965 1970 1975 1980 1985 1986 1987 1988 1989 1990 Amount In billions Total $38.2 $69.1 $124.7 $238.9 $407.2 $438.9 $476.8 $526.2 $582.1 $643.4 Private 30.3 50.1 86.2 162.1 278.9 302.9 327.2 362.8 397.5 430.4 Private business 6.5 15.1 28.8 64.8 115.0 127.3 133.6 153.1 169.7 186.2 Employer contribution to private health insurance premiums 5.4 11.2 20.9 48.4 85.4 93.6 96.7 112.9 125.7 139.1 Employer contribution to Medicare hospital insurance trust fund¹ 0.0 2.1 5.0 10.5 20.3 23.3 24.7 26.3 28.4 29.7 Workers' compensation and temporary disability insurance 0.8 1.4 2.4 5.1 7.8 8.8 10.5 12.0 13.6 15.2 Industrial inplant health services 0.2 0.3 0.5 0.9 1.4 1.6 1.7 1,9 2.1 2.2 Household 23.1 33.6 54.9 90.3 152.0 162.7 179.8 194.3 210.3 224.7 Employee contribution to private health Insurance premiums and individual policy premiums 4.1 4.6 8.9 16.2 28.4 28.9 35.3 34.9 39.2 42.6 Employee and self-employment contributions and voluntary premiums paid to Medicare hospital insurance trust fund' 0.0 2.4 5.7 12.0 24.0 27.6 29.5 31.4 33.8 35.7 Premiums paid by individuals to Medicare supplementary medical insurance trust fund 0.0 1.0 1.7 2.7 5.2 5.2 6.1 8.7 11.2 10.2 Out-of-pocket health spending 19.0 25.6 38.5 59.5 94.4 100.9 108.8 119.3 126.1 136.1 Non-patient revenue 0.6 1.5 2.5 7.0 12.0 12.9 13.8 15.4 17.5 19.6 Public 7.9 18.9 38.5 76.7 128.3 135.9 149.6 163.4 184.6 212.9 Federal Government 3.4 10.4 21.3 42.5 69.0 70.4 77.3 84.2 96.2 113.9 Employer contributions to private health Insurance 0.2 0.3 1.2 2.2 4.3 3,9 4.9 6.4 8.1 9.2 Adjusted Medicare 0.0 2.0 3.3 11.1 20.4 18.5 20.0 20.8 25.5 31.5 Medicare 0.0 7.6 16.4 37.5 72.2 77.4 83.4 90.5 102.6 111.2 Less Medicare hospital trust fund contributions and premiums 0.0 4.7 11.3 23.7 46.6 53.7 57.3 61.0 65.9 69.5 Less Medicare supplementary medical Insurance premiums 0.0 1.0 1.7 2.7 5.2 5.2 6.1 8.7 11.2 10.2 Health program expenditures (excluding Medicare) 3.3 8.2 16.8 29.2 44.3 48.0 52.4 57.0 62.6 73.1 Medicald 0.0 2.9 7.4 14.5 23.1 25.4 27.9 31.0 35.4 42.9 Department of Veterans Affairs 1.2 1.8 3.5 5.9 8.6 9.1 9.6 10.0 10.6 11.4 Department of Defense 1.0 1.8 2.8 4.3 7.6 8.4 9.3 9.8 10.4 11.5 Other programs² 1.2 1.8 3.0 4.4 4.9 5.2 5.6 6.2 6.2 7.4 State and local government 4.5 8.5 17.2 34.2 59.3 65.5 72.3 79.1 88.4 99.1 Employer contributions to private health insurance 0.3 0.6 1.9 6.7 16.0 16.7 17.9 20.2 23.4 25.9 Employer contributions to Medicare hospital insurance trust fund 0.0 0.2 0.7 1.3 2.2 2.7 3.1 3.3 3.7 4.1 Health expenditures by program 4.2 7.6 14.6 26.3 41.1 46,1 51.4 55.6 61.2 69.1 Medicaid 0.0 2.5 6.1 11.6 18.6 19.8 22.9 23.9 26.8 32.3 Hospital subsidies 2.6 3.4 5.2 6.2 7.8 10.0 11.2 12.4 13.1 14.1 Other programs³ 1.6 1.8 3.3 8.5 14.7 16.3 17.3 19.3 21.3 22.7 Includes one-half of self-employment contribution to Medicare hospital insurance trust fund. 2Includes Maternal and Child Health, Vocational Rehabilitation, Alcohol, Drug. and Mental Health Administration, Indian Health Service, Office of Economic Opportunity (1965-74), and other miscellaneous general hospital and medical programs and public health activities. Includes other public and general assistance, Maternal and Child Health, Vocational Rehabilitation, and public health activities. SOURCE: Health Care Financing Administration, Office of the Actuary: Data from the Office of National Health Statistics. Employers' role in providing insurance Business accepted the function of primary provider of health insurance for the non-elderly population, Private health insurance became established as a fringe encouraged by insurance companies, government, and benefit of employment during World War II. During this employees. First, insurers preferred employer groups period of labor shortages, employers began to use fringe because they reduced private health insurers' risk of benefits, including health benefits, to entice marginal adverse selection and provided insurance companies with non-workers into the labor force and to discourage a mechanism for reducing their marketing, enrollment, existing workers from changing jobs (Starr, 1982). Since and premium collection costs below those encountered World War II, private health insurance has grown to when selling to individuals. become an acknowledged and accepted "responsibility" Second, government supported employer-sponsored of business, a role that continues today. private health insurance by offering tax incentives that 86 Health Care Financing Review/Winter 13, Number 2 04-01-92 10:33AM 1705 EQUIQABLE HCA 'A P06/** Table 2 Percent distribution of expenditures for health services and supplies, by type of payer: United States, selected calendar years 1965-90 Type of payer 1965 1970 1975 1980 1985 1986 1987 1988 1989 1990 Percent distribution Total 100 100 100 100 100 100 100 100 100 100 Private 79 73 69 68 68 69 69 69 68 67 Private business 17 22 23 27 28 29 28 29 29 29 Household (individual) 61 49 44 38 37 37 38 37 36 35 Non-patient revenue 2 2 2 3 3 3 3 3 3 3 Public 21 27 31 32 32 31 31 31 32 33 Federal Government 9 15 17 18 17 16 16 16 17 18 State and local government 12 12 14 14 15 15 15 15 15 15 NOTE: Columns may not add to totals shown because of rounding. SOURCE: Health Care Financing Administration. Office of the Actuary: Data from the Office of National Health Statistics. encouraged business to assume this role of health went for the employer share of private health insurance insurance sponsor. Government tax rules treated health premiums. These premiums financed 22 percent of costs insurance premiums as a business expense that reduces a for HSS in the United States in 1990 and provided business' gross taxable income. It also excluded these coverage to 140.4 million workers and their dependents benefits from workers' taxable gross income, raising the and another 11.4 million non-workers and their effective wage rate to the employee without incurring dependents (Fu Associates Ltd., 1991). additional cost to the employer. These tax incentives The burden that health care imposes on business has promoted public policy objectives of making health care soared over the past 25 years (Table 3). In 1990, accessible and affordable without direct government employer health care costs consumed 3.9 percent of the intervention. gross private domestic product of the Nation, almost four Third, employees continue to view health insurance times the share these costs represented in 1965. As a benefits as a major factor in their decisions to change or share of total compensation of labor, business health care remain in a job (Katz, 1991). Insurance companies, spending climbed to 7.1 percent in 1990, up from government, and workers have reinforced business' 4.9 percent in 1980 and 2.0 percent in 1965. In 1990, historical role as providers of health insurance. Therefore, health care costs represented 45.5 percent of all fringe businesses today believe that employers should be the benefits provided to employees, more than double the source of health insurance benefits for their employees share of fringe benefits in 1965 (22.4 percent). To gauge and dependents (Woolsey, 1991). the size of health care expenditures, business health care Whereas both employers and employees derive expenditures can be compared with profits. These advantages from employers' role in sponsoring health statistics show that health care spending by business insurance, pressure for change is mounting, as recorded equaled 61.1 percent of corporate profits¹ before tax and by recently conducted polls. A Robert Wood Johnson was greater than the amount of corporate profits after tax Foundation survey of business executives found that, (107.9 percent) in 1990. These comparisons highlight despite its positive aspects, changes would be required to business concerns about the burden that rising costs are enhance the health care system, particularly in the area of placing on their ability to continue providing these value received for expenditures (Johnson, 1991). In benefits. addition, more than one-third of large employers surveyed Rising health care costs have had a profound effect on by the Washington Business Group on Health would the coverage of workers. The U.S. Bureau of the Census favor a national health system if medical costs grow over conducts the Current Population Survey that collects the next 3 years at rates of 15 percent or more (Woolsey, information on the health insurance status of individuals 1991). As health care costs reach the projected each March. Data for 1990 reveal that three-quarters of 16.4 percent of GNP by the year 2000 (Sonnefeld et al., the uninsured population, 25.0 million persons, reside in 1991). the burdens borne by business will have an families in which the greatest income earner works full ever-increasing impact. The rising costs, in addition to time. These data show an estimated increase of these attitudes expressed by business, will be instrumental 28 percent in the number of uninsured full-time workers in triggering any health care reform. and their dependents since 1980. During this time period, the number of all full-time workers and their dependents Rising business health care costs increased 7.9 percent (Fu Associates Ltd., 1991). This shows that full-time employment does not guarantee Employers' role in providing health care coverage has health insurance coverage and has become less able to existed for more than half of this century. Both guarantee coverage over the last decade. If the percentage employers and employees view this role as an important of full-time workers and their dependents that were benefit in attracting and keeping workers. But the cost of uninsured in 1990 had been the same as in 1980, health care sponsored by employers has increased almost threefold over the past decade alone-from $64.8 billion in 1980 to $186.2 billion in 1990. Three-quarters of 1990 business expenditures for health care-$139.1 billion- ¹A similar concept of "profits" for sole proprietorships and partnerships is not available. Health Care Financing Review/Winter 1991/Volume 13, Number 2 87 04-01-92 37AM 17051 EQUIQABLE HCA 'A P07/** Table 3 Expenditures for health services and supplies as a percent of business income, expense, or profit: United States, selected calendar years 1965-90 Business health spending as a share of Gross private Labor compensation Corporate profits¹ Total business domestic Total Wages and receipts³ Fringe product compensation⁵ salaries⁵ benefits Before tax After tax Percent 1965 0.4 1.0 2.0 2.2 1970 22.4 0.7 8.4 1.7 14.0 3.1 3.5 1975 29.2 0.8 19.8 2.1 36.1 3.9 4.5 1980 28.5 0.9 21.3 2.7 34.3 4.9 5.8 1985 31.7 1.2 27.3 3.3 42.6 6.1 7.2 1986 38.9 1.3 51.3 3.4 89.9 6.3 7.5 1987 40.5 1.3 57.5 3.4 110.4 6.2 7.3 1988 40.8 1.3 48.5 3.6 90.1 6.5 7.7 1989 NA 43.2 3.7 48.3 84.8 6.9 8.1 1990 45.1 NA 55.1 3.9 98.3 7.1 8.5 45.5 61.1 107.9 1 Based on July 1990 data from the U.S. Department of Commerce national income and product accounts. 2A similar concept of "profits" for sole proprietorships and partnerships is not available. Business receipts for sole proprietorships and total receipts of partnerships and corporations based on Internal Revenue Service data. income Reflects health costs embedded in the unduplicated value of intermediate and final goods; based on data from the U.S. Department of Commerce national and product accounts. For employees in private industry. Estimated. U.S. Department of Commerce benchmark revisions will not be available until November 1991. NOTE: NA is not available. SOURCE: Health Care Financing Administration. Office of the Actuary: Data from the Office of National Health Statistics. business' share of HSS and the burden that these costs here. imposed on business would be even greater than shown (experience rating), rather than pooling all sizes of employers in an area to share the insurance risk (community rating). This process segments the insurance Dilemmas of small business market into lower risk (i.e., lower cost) large employers and higher risk (i.e., higher cost) small employers (Arnett and Trapnell, 1984). The business share of HSS, 29 percent in 1990, is not Second, larger companies are also more likely to take borne evenly across all business. Small employers are advantage of cost savings resulting from self-insuring disadvantaged in their ability to provide health insurance employee health care. Self-insuring reduces costs to benefits to their workers. The problem of uninsured employers by eliminating State premium taxes, profits workers manifests itself most noticeably in small business paid to insurance companies, and the marketing costs and with fewer than 100 workers. These establishments commissions embedded in premiums, while retaining the employ 40.8 million workers, or two-fifths of civilian interest earned on reserves held to cover claims. employees in full-time or part-time jobs. The U.S. Self-insured businesses also can eliminate State-mandated Department of Labor conducted surveys on workers in benefits (McDonnell et al., 1986). small establishments (fewer than 100 employees) for 1990 Third, small business' competitive disadvantage in the and in medium and large establishments for 1989. These acquisition of health insurance is compounded by tax statistics show that 92 percent of full-time employees in laws that discriminate against small firms in favor of medium and large firms participate in employer-sponsored corporations. Corporations can write off 100 percent of plans, compared with 69 percent of full-time employees their medical premium expense. Small businesses that are in small establishments (U.S. Bureau of Labor Statistics, classified as sole proprietorships, partnerships, and 1991). Part of the cause of uninsured employees of small premiums. S-corporations are permitted to deduct only 25 percent of businesses can be linked to the health insurance premium Finally, it is possible that insurers may choose not to costs faced by these companies. Employer-sponsored provide coverage for certain industries where small health insurance premiums paid by small business exceed businesses are prevalent. Industries include those with those paid by larger companies for the same benefit higher risk occupations, higher likelihood of litigation package. These higher costs affect small business' ability (e.g., physicians and lawyers), or higher incidence of markets. to compete with larger firms in both labor and product drug and alcohol abuse or of acquired immunodeficiency syndrome (AIDS). These exclusions constrain many small Higher costs in the provision of health insurance employers by reducing the number of companies from benefits for small business result from several factors. which they can seek coverage. First, the health insurance marketplace is becoming more High insurance premiums frequently force small fragmented. Increasingly, insurers are basing insurance businesses to change policies in search of more rates on an individual company's claims history favorable rates. New policies subject employees to pre-existing-condition exclusions, jeopardizing access to care for employees most in need of coverage. 88 Health Care Financing Review/Winter 1991/Volume 13, Number 2 04-01-92 1705 EQUIQABLE HCA 'A P08/** Small businesses face additional problems from the 1985 Consolidated Omnibus Budget Reconciliation Act one-half the cost of medical care services up to a certain (COBRA) that forces employers with 20 or more limit before stop-loss coverage kicks in. These plans provide employees with an incentive to use services employees to make available group insurance protection judiciously, as they must contribute one-half of the cost to former employees for 18 months after separation and for their dependents for 3 years. COBRA mandates that from out-of-pocket sources. These plans can mean premiums charged by employers equal no more than premium reductions of 10-20 percent from those charged 102 percent of the premiums paid by similar active for conventional plans that require employees to contribute 20 percent of the cost of services workers. According to recent studies, COBRA claims per (Landes, 1991). worker exceeded those of active employees by The rising cost of retiree health care and the new 33-100 percent, (Huth, 1991) and smaller companies reported higher claims costs per beneficiary than do larger FASB requirements have caused employers to re-evaluate ones (Towers Perrin/The National Association of their retiree health benefit programs. Business has Manufacturers, 1991). COBRA drives up employer employed or is considering strategies to minimize future premium costs because active workers must subsidize health care costs by this group of beneficiaries. These higher costs of former employees. This legislation is include fixing employer contributions to future health care particularly adverse to small businesses that not only face plans; gauging employer contribution to length of higher costs for their COBRA beneficiaries but that employment and increasing the basic eligibility frequently experience higher employee turnover rates. requirements; offering minimal plans to younger retirees; increasing deductibles and out-of-pocket maximum Retiree health care expenditures by retirees; and requiring active workers to contribute currently to future health care benefits (Quinn, 1991). Employers offering health benefits to current and future retirees face new challenges that will likely increase their Business summary future share of health care costs. Most employers operate on a pay-as-you-go basis for retiree health care, purchasing policies or paying claims as they arise. As the In summary, employer-sponsored private health number of retirees increases in relation to the number of insurance has been in existence for half a century in the current workers, these benefits will become more difficult United States. Historically, employers believed their role to fund. Beginning in 1993 and gradually implemented in sponsorship of health insurance for their workers to be over many years, the Financial Accounting Standards appropriate and worthwhile. Prospective workers typically Board (FASB) will require employers to account for examine these benefits when choosing a job and often accrued retiree health benefit liabilities from the date that make their employment decision based on the availability employees are hired until they become eligible for and breadth of these benefits. But rapidly rising health benefits. Estimates of the accrued cost of these benefits care costs are forcing businesses to re-evaluate their role that will enter financial statements range from $400 with regard to private health insurance. Small businesses billion to $2 trillion (Adler, 1991). FASB will force in particular face tremendous problems in affording and employers to recognize future health insurance liabilities keeping this benefit for their employees, while still as they are incurred, greatly increasing the current overall maintaining competitive prices for their products. Many book value of employer-sponsored health care. strategies are being used in an attempt to reduce these costs. Through 1990, however, a reduction in overall cost Business strategies in containing costs or in business' share of the Nation's rapidly rising health care bill does not appear to have occurred. Employers are taking steps aimed at reducing their share of health care costs. Elimination of Households employer-sponsored health insurance coverage is one drastic solution to rising health care costs that Households spent $224.7 billion on health care during businesses-particularly small ones-have used. Some calendar year 1990, an increase of 6.8 percent from large companies have sought temporary relief from the 1989. The largest single category of payments by families relentless rise of health care costs through self-insurance. is for out-of-pocket medical expenditures, financing That option is less viable for small business. 21.2 percent of HSS expenditures in 1990. These Seventeen States have already instituted and another expenditures pay for services not covered by insurers and 10 are considering exemptions from State-mandated for copayments and deductibles required by insurers for benefits for small firms that have not contributed to covered health care services. Additional family health insurance coverage for their workers during the expenditures for health care include spending for health past 12 months. State-mandated benefits raise costs faced insurance purchased individually or through employers, by business in supplying health care coverage to contributions to the Medicare hospital insurance trust fund employees because a specific set of benefits must be through payment of FICA taxes, a small amount of included in employer-sponsored health plans. The voluntary premiums paid by individuals to the Medicare "bare-bones" policy alternative permits employers to hospital insurance trust fund, and premiums paid to the provide basic private health insurance coverage for Medicare supplementary medical insurance trust fund. employees who previously lacked employer-sponsored The spending for which individuals are responsible has coverage. grown at a slower pace than overall health care costs for Some small firms are experimenting with 50/50 most years since 1965, primarily because of the falling coinsurance plans that require employees to contribute share of health expenditures paid from out-of-pocket Health Care Financing Review/Winter 1991/Volume 13, Number 2 89 04-01-92 10:46AM 1705 EQUIQABLE HCA 'A P09/** sources. Public and private health insurance assumed greater responsibility for health care costs during this more care, some of which must be paid from income, but period. Since 1980, contributions to the Medicare hospital these out-of-pocket costs affect the elderly's disposable insurance trust fund and premiums paid to the Medicare income disproportionately. hospital and supplementary medical insurance trust funds Households are insulated from the full costs of health have risen as a share of total health care costs. These care. For services covered by private insurance, increases have offset most, but not all, of the small households are responsible for copayments and/or declines in the out-of-pocket share of health care costs. deductibles, with the insurance paying a substantial As a result of slower growth than that of overall health portion of the charges. Families make their decision to care costs, households' share of the Nation's health care purchase and utilize services based on a greatly reduced bill fell from 61 percent in 1965 to 49 percent in 1970, out-of-pocket perceived price at the point of purchase- 38 percent in 1980, and 35 percent in 1990. Although prices that only include a portion of the full costs. The this share continued to fall during the past decade, it fell average price of the remaining portion of privately less rapidly than it had previously. It appears that efforts insured services is more adequately reflected in prepaid by other sectors to shift some proportion of the costs back private health insurance premiums. To the extent that the to households have slowed the decline in share paid by cost of this premium is shared with an employer, the households, but not to the point that that share has begun household may be unaware of and/or unaffected by the to rise. true price paid for health care services. Private health Health care costs financed by households must be insurance plays an important social function by spreading funded from available income. Therefore, their share of one person's excessive medical costs over all similarly adjusted personal income is used to measure the burden insured persons. However, the benefits of risk sharing of such costs on families. After maintaining a stable share through insurance also provide incentives for overuse of from 1965 to 1980, households' share of personal income services and the purchasing of higher priced services than would otherwise be the case. devoted to health care began to gradually rise from 4.1 percent in 1980 to 5.0 percent in 1990 (Table 4). Recent surveys indicate that households in general do Calculations made using data from the 1989 Bureau of not currently feel burdened by the costs of health care. Labor Statistics' Consumer Expenditure Survey show Results of an Employee Benefit Research Institute (EBRI) health care spending as a share of income after taxes at survey of citizens' attitudes toward the health care system 4.9 percent for all households. Households where the indicated that Americans are satisfied with the health care reference person is 65 years of age or over show a system as it currently exists and would balk at major significantly higher share of income going to health share increases in their responsibility for financing care-11.5 percent in 1989. The elderly not only use employer-sponsored health insurance premiums. Only one-half of the respondents were willing to pay $2,000 Table 4 for their share of premiums, despite the fact that Expenditures for health services and supplies as employers pay considerably more per employee for this benefit (Shalowitz, 1991). a percent of household (Individual) Income: The Federal Government promotes the use of United States, selected calendar years 1965-90 employers as a mechanism for providing health insurance Health spending as a share of through the tax system. By excluding the employer-paid Individual heatth income after taxes' portion of employer-sponsored health insurance premiums spending as a Reference from employees' taxable gross income, the Federal share of adjusted person 65 years Government partially subsidizes health care benefits. It Year personal income² All ages of age or over³ also achieves policy objectives in providing a mechanism Percent for affordable and accessible health care for more workers 1965 4.2 I than would otherwise be the case. In fiscal 1990, the - 1970 4.1 - - Federal Government experienced revenue loss of 1972-73 - 5.1 1975 8.9 4.3 $26.4 billion as a result of the exclusion of this employer - - 1980 4.1 benefit from individual's gross income. In other words, - - 1985 4.7 4.8 individuals would have paid an additional $26.4 billion in 11.0 1986 4.7 4.9 1987 11.8 taxes if the employer-paid portion of health insurance 4.9 4.6 10.7 1988 premiums were taxable income to individuals (Executive 4.9 5.0 12.5 1989 Office of the President, 1991). This amount is not 4.9 4.9 11.5 1990 5.0 included in the accounting framework presented in this - - article. Calculated from the Consumer Expenditure Integrated Survey of the U.S. Bureau of Labor Statistics. In this survey, the institutionalized population, including nursing home residents, were excluded, so spending Public sector payments for nursing home care covers only a small portion of total days of care. 2Personal income adjusted to include personal Medicare contributions and to exclude certain transfer payments (medical benefits for Medicare, In 1990, Federal and State and local governments paid Medicaid. workers' compensation, and temporary disability insurance). $212.9 billion for the financing and delivery of health Consumer expenditure data are tabulated by age of reference person. These households may include some individuals under 65 years of age. care services. Governments as employers spent Similarly, individuals 65 years or over who reside in households where the $35.1 billion providing health insurance coverage for its reference person is under 65 years of age are excluded. workers. In their role of promoting public policy and from the Office of National Health Statistics. SOURCE: Health Care Financing Administration, Office of the Actuary: Data redistributing income, governments also target specific population groups with their health care spending. This 90 Health Care Financing Review/Winter 1991/ 13, Number 2 04-01-92 10:51AM 1705 EQUIQABLE HCA 'A P10/** encompasses expenditures such as those by the U.S. Departments of Defense and of Veterans Affairs for the increases in these expenditures in combination with the operation of their own facilities. Also included are grants recession in 1990 severely strained State resources for needy population groups, such as the elderly, the (Stropko et al., 1991). poor, mothers and children, American Indians, school children, and the disabled; expenditures for public health Non-patient activities; and State and local government hospital subsidies. Excluded from government expenditures are Non-patient revenues funded 3 percent of all health dedicated tax revenues paid into trust funds for specific care spending in 1990, a share maintained throughout the programs, such as Medicare. Only general revenue past decade. Non-patient revenues consist of philanthropic contributions in support of programs such as Medicare are expenditures for health care services and other revenue included. Government expenditures for health increased sources of institutions such as hospitals, home health 15.3 percent from 1989 to 1990, 4.8 percentage points agencies, and nursing homes that are not directly faster than the growth in overall health spending. This associated with the delivery of services. The latter caused the share of expenditures financed by the public includes revenues from sources such as gift shops, sector to increase slightly to 33 percent. Increases in cafeterias, and parking lots. In 1990, $19.6 billion of general revenue contributions to Medicare contributed to health expenditures were funded from this source. this change. The major cause, however, was increases in the Methodology Medicaid program, up 20.7 percent in 1990. Medicaid expenditures, jointly funded by Federal and State governments, increased from $62.3 billion in 1989 to In this article, we look at HSS by who sponsors the $75.2 billion in 1990. These increases are at least provision of health care services. HSS covers the cost of partially attributable to the additional 1.7 million people all personal health care goods and services, government on the Medicaid roles in 1990. public health activities, administrative costs of public The Federal Government's health spending as a share programs, and the net cost of private health insurance. of Federal revenues reached 17.2 percent in 1990, up The sponsors of health care may be households, from 15.2 percent in 1989. Since 1965, the proportion of governments, or business. Spending on health care does Federal revenues spent on health care rose from not always flow directly from the sponsor into the health 3.5 percent. prior to the introduction of Medicare and care system but can pass through intermediaries, such as Medicaid, to 7.3 percent in 1970 and 11.6 percent in insurers and governments. These payments in turn are 1980 (Table 5). allocated to the different types of health care services. State and local government health spending as a share For example, households, business, and governments of revenues increased from 15.4 percent in 1989 to each pay health insurance premiums: households through 16.3 percent in 1990. Medicaid is the second-largest State direct purchase of policies or through employees' government budget component after education, so rapid contributions to employer-sponsored health insurance; business and government employers through contributions Table 5 to employee health insurance plans. These premiums sum Expenditures for health services and supplies as to $216.8 billion, the amount of private health insurance a share of Federal and State and local premiums in the NHA. Health insurance premiums are used to pay for the health care benefits or services government revenues: United States, delineated in the NHA, plus health insurers' selected calendar years 1965-90 Federal Government health earnings. administrative expenses and profits and/or retained spending as a share of State and local government Year health spending as a share Federal revenues¹ Most of the estimates (such as workers' compensation of State and local revenues² and non-patient revenues) presented in this article come Percent directly from the NHA and are reassigned to separate 1965 3.5 1970 7.5 sponsor categories. Other estimates also come from the 7.3 1975 8.3 NHA, although they must be disaggregated before 11.0 1980 10.2 11.6 reassignment. Two NHA estimates are affected by this 1985 12.6 14.4 13.5 disaggregation and reassignment: Medicare and private 1986 14.2 13.9 health insurance. Data sources used in Medicare 1987 13.7 1988 14.4 14.5 disaggregation include the Annual Report of the Board of 1989 14.7 15.2 Trustees of the Federal Hospital Insurance Trust Fund 1980 15.4 17.2 16.3 (1991), Annual Report of the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund from businesses and individuals. These funds are for dedicated purposes 'Excludes contributions to social insurance because these came directly (1991), and unpublished detailed data on Medicare and are not part of the general revenue pool of funds from which health hospital insurance tax liability from the Social Security spending can be financed. Based on July 1991 data from the Administration. Private health insurance estimates are U.S. Department of Commerce national income and product accounts. 2Excludes contributions to social insurance, as explained in footnote split into private and public employer-paid premiums and Federal grants in aid, such as Federal Medicaid grants to States. Based 1, and household-paid premiums using data from the Bureau of product accounts. July 1991 data from the U.S. Department of Commerce national income and on Economic Analysis (BEA), U.S. Chamber of Commerce, Health Care Financing Administration, the U.S. Bureau from the Office of National Health Statistics. SOURCE: Health Care Financing Administration, Office of the Actuary: Data of the Census, and the Office of Personnel Management. Health Care Financing Review/Winter 1991/Volume 13, Number 2 91 P11711 Any revisions to these methods are listed in the next section. update raised the 1989 non-durable medical product expenditures estimates by $6.0 billion and lowered Revisions durable medical product estimates by $2.1 billion. The out-of-pocket and private health insurance estimates for these two components were also revised back to 1978 as There have been some revisions to the procedures and a result of the 1982 PCE detail tables. These revisions data sources used in the preparation of these estimates. affected the total of health services and supplies and the Changes affect estimates for 1974 and later. The first allocation between out-of-pocket and health insurance change is to the private employer-sponsored health premiums from 1978 forward. insurance estimates. The primary source of historic A more complete description of these and other estimates of employer contributions to private health revisions to NHA estimates upon which the payer insurance premiums is the U.S. Department of estimates are based can be found in Levit et al. (1991). Commerce, Bureau of Economic Analysis. The BEA estimates are used to quantify the private employer Summary portion of the health insurance premiums for 1965-77. BEA will be revising its estimates of employer-paid premiums as part of its periodic benchmark. These From 1965 to 1990, the cost of health services and revisions will affect estimates for 1978 and later, and supplies grew from $38.2 billion to $643.4 billion. For were scheduled to be available in late 1991. In the both business and government, rising health care costs interim, estimates have been developed that follow BEA's imposed an ever-increasing burden as growth in their methods but that incorporate minor methodological ability to finance these costs failed to keep pace. For changes and new or revised data sources. For private households, the impact of rising costs on their ability to employers, premiums are estimated using the U.S. pay began to increase slightly in the mid-1980s. By 1990, Chamber of Commerce survey of employee benefits the share of personal income devoted to health care (U.S. Chamber Research Center, 1990) and NHA reached 5.0 percent, up from 4.2 percent in 1965 and 4.1 percent in 1980. estimates of insurance premiums. Estimates of insurance premiums were recently benchmarked (Office of National While government provided health care coverage for Cost Estimates, 1990) and current estimates presented the elderly, poor, disabled, and other special here reflect those revisions. disadvantaged groups, business emerged as the primary Second, the data sources and estimation procedures for source of health care coverage for workers and their premiums paid by State and local governments for their dependents. Small businesses, in particular, have felt the employees were also revised. The current estimates burden of health care costs mount. Both insurers and integrate data from the 1982 and 1987 Census of governments are developing plans aimed at easing that Governments (U.S. Bureau of the Census, 1991). With burden for small employers. For all sizes of companies, the availability of these surveys, the estimates for State the pending FASB regulations will make business' retiree and local expenditures for employee health insurance health care costs more apparent and will undoubtedly were revised back to 1978. alter the type and quantity of retiree benefits offered in the future. A third revision affected estimates for household spending on health insurance premiums. For 1965-90, estimates of household contributions to health insurance Acknowledgments premiums were developed using NHA estimates for health insurance premiums. The NHA estimate was This article was prepared under the general direction of reduced by the amount of revised employer-paid private Mark Freeland, Director of the Division of Health Cost and government premiums, resulting in the estimate of Analysis. The authors wish to acknowledge the assistance household premium payments for health insurance. New of Sally Burner in providing disaggregation of insurance methods and data for estimating employer-paid health by type of insurer, Patricia McDonnell for researching insurance premiums for private business and State and insurance issues that arose during the preparation of this local governments caused household premium estimates article and of private employer-sponsored health insurance to be revised for the period 1974 and forward. estimates, and Louis Blank for investigating new Lastly, the estimates for this sponsor taxonomy are insurance data sources. The authors are grateful to based on the NHA. The NHA are revised annually to colleagues in the Office of National Health Statistics for incorporate newly released data. Because the NHA are their advice and comments: Ross Arnett, Mark Freeland, the basis for this article, these annual revisions will affect Charlie Fisher, Helen Lazenby, Suzanne Letsch, the payer disaggregation. Recent significant changes in Dan Waldo, Sally Burner, and Patricia McDonnell. the NHA resulted from new data from the personal consumption expenditures (PCE) detail tables, produced References every 5 years in conjunction with the GNP benchmark revisions. These tables provide component information on A. Foster Higgins: Health Care Benefits Survey: Report 1, non-durable and durable medical products. The most Indemnity Plans: Cost, Design and Funding. Princeton, NJ. recent detail table, 1982, became available for the 1990 A. Foster Higgins, 1991. 92 Health Care Financing Review/Winter 1991/Volume 13, Number 2 04-01-92 11:00AM 1705 EQUIQABLE HCA 'A P12/** Alder, S.: Firms seek to minimize cost of retiree medical. Business Insurance 25(30):40, July 29, 1991. McDonnell, P., Guttenberg, A., Greenberg, L., and Arnett, R.H.: Self-insured health plans. Health Care Financing Arnett, R.H., and Trapnell. G.R.: Private health insurance: Review 8(2):1-16. HCFA Pub. No. 03226. Office of Research New measures of a complex and changing industry. Health and Demonstrations, Health Care Financing Administration. Care Financing Review 6(2):31-42. HCFA Pub. No. 03195. Washington. U.S. Government Printing Office, Winter 1986. Office of Research and Demonstrations, Health Care Financing Administration. Washington. U.S. Government Printing Office, Office of National Cost Estimates: Revisions to the national Winter 1984. health accounts and methodology. Health Care Financing Review 11(4):42-54. HCFA Pub. No. 03298. Office of Research Board of Trustees of the Federal Hospital Insurance Trust Fund: and Demonstrations, Health Care Financing Administration. 1991 Annual Report of the Board of Trustees of the Federal Washington. U.S. Government Printing Office, Summer 1990. Hospital Insurance Trust Fund. Washington. May 17, 1991. Quinn, J.B.: Future retirees likely to see reductions in health Board of Trustees of the Federal Supplementary Medical benefits. The Washington Post. Section H, p. 3, Aug. 4, 1991. Insurance Trust Fund: 1991 Annual Report of the Board of Trustees of the Federal Supplementary Medical Insurance Trust Shalowitz, D.: Having their cake Americans like health Fund. Washington. May 17, 1991. benefits, but not the cost. Business Insurance 25(14):3, Apr. 8, 1991. Executive Office of the President: Budget of the United States Government. Office of Management and Budget. Washington. Sonnefeld, S.T., Waldo, D.R., Lemieux, J.A., and U.S. Government Printing Office, 1991. McKusick, D.A.: Projections of health care spending through the year 2000. Health Care Financing Review 13(1):1-27. Fu Associates Ltd.: Unpublished results from tabulations of the HCFA Pub. No. 03321. Office of Research and Current Population Survey under Health Care Financing Demonstrations, Health Care Financing Administration. Administration Contract No. 500-90-0010. Arlington, VA. Washington. U.S. Government Printing Office, Fall 1991. 1991. Starr, P.: The Social Transformation of American Medicine. Huth, S.A.: COBRA costs average of 150% of active costs. New York. Basic Books, Inc., 1982. Employee Benefit Plan Review 46(4):14-19, Oct. 1991. Stropko, E.P., Clayton, A., Tilson, S., et al.: Medicaid Johnson, C.: Health system is flawed: CEOs. Business Expansions: Coverage Improves but State Fiscal Problems Insurance 25(15):1, Apr. 15, 1991. Jeopardize Continued Progress. GAO Pub. No. Katz. A.: Benefits important in job search: Poll. Business GAO/HRD-91-78. Washington. U.S. General Accounting Insurance 25(29):3. July 22, 1991. Office, June 1991. Landes, J.: 50/50 health plans start catching on. National Sullivan, C.B., and Rice, T.: The health insurance picture in Underwriter 3:7, Jan. 21, 1991. 1990, Health Affairs 10(2):104-115, Summer 1991. Levit, K.R., and Cowan, C.A.: Burden of health care costs: Towers Perrin/The National Association of Manufacturers: Business, households, and governments. Health Care Financing COBRA survey results. Medical Benefits 8(14):3, July 30. Review 12(2):127-137. HCFA Pub. No. 03316. Office of 1991. Research and Demonstrations, Health Care Financing U.S. Bureau of the Census: 1987 Census of Governments: Administration. Washington. U.S. Government Printing Office, Winter 1990. Public Employment: Government Costs for Employee Benefits. U.S. Department of Commerce. Washington. U.S. Government Levit, K.R., Freeland, M.S., and Waldo, D.R.: Health Printing Office, Mar. 1991. spending and ability to pay: Business, individuals, and U.S. Bureau of Labor Statistics: BLS reports on its first survey government. Health Care Financing Review 10(3):1-11. HCFA of employee benefits in small private establishments. Press Pub. No. 03280. Office of Research and Demonstrations, release. U.S. Department of Labor. Washington. June 10, 1991. Health Care Financing Administration. Washington. U.S. Government Printing Office, Spring 1989. U.S. Chamber Research Center: Employee Benefits Survey Data from Benefit Year 1989, 1990 Edition. U.S. Chamber of Levit, K.R., Lazenby, H.C., Cowan. C.A., and Letsch, S.W.: Commerce. Washington. 1990. National health expenditures, 1990. Health Care Financing Review 13(1):29-54. HCFA Pub. No. 03321. Office of Research Woolsey, C.: Not ready to give up: Employers still want to and Demonstrations, Health Care Financing Administration. provide health coverage. Business Insurance 25(20):3, Washington. U.S. Government Printing Office, Fall 1991. May 20, 1991. Health Care Financing Review/Winter 1991/Volume 13, Number 2 93 (Ferguson/Aarhus) March 25, 1992 Draft One BUSINESS PRESIDENTIAL REMARKS: AMERICAN BUSINESS CONFERENCE WILLARD HOTEL TUESDAY, APRIL 7, 1992 2:00 PM [Acknowledgments] It is always a pleasure to speak with members of the American Business Conference, because it is always a pleasure to speak with the best. I would like to talk to you today about the future -- the future of our country generally, and more particularly the future of our country's business environment. In fact, we cannot separate the two. The America of the 21st century -- its growth, its opportunities -- will be determined by how hospitable we make America for business today. We can learn from the success your companies exemplify. The key to your success -- the key to the success of any high-growth company -- is the wise deployment of your resources. The successful company channels labor and investment into those areas with the potential for the greatest expansion and the highest return. You are free to take the risk; you are free to reap the reward; everyone, meanwhile, benefits from the wealth you create. That, in brief, is the genius of entrpreneurial capitalism. Our system has made America the envy of the world, the most prosperous country on earth, affording the highest standard of living to the largest number of people in history. With one- twentieth of the world's population, we produce one-fourth of the world's goods and services. When we ask ourselves what has brought us to this preeminence, we find the answer, I believe, in our resiliency, our historic ability to innovate, to change as the world changes. America's world leadership is not automatic; it is not a birthright. We must continue to earn it, day by day, quarter by quarter, year by year. The world now is changing at a pace no one could have dreamed of a generation ago. And America, which has led the world's transformation, must change with it. But we face obstacles. Over the last several years barnacles have begun to cling to the engine of growth. I have isolated five areas for reform, five critical ways in which America must change. I would like to go through those with you this afternoon. You understand their urgency, for each presents itself to American companies not as an abstraction but in the most immediate way: as a cost of doing business -- a cost you can't control, an expenditure with no possible return. When our legal system becomes incapable of resolving disputes in a timely and civil manner, business loses the incentive to innovate and take risks. When health care costs skyrocket, business picks up the tab. When government imposes barriers to trade, businesses pay the costs in lost opportunities. When our children leave school without rudimentary skills, business bears the burden in lost productivity. And when government freezes in gridlock, business can no longer plan rationally for the future. Each of our system's failings saps your resources, drawing away investment and manhours from productive tasks. For America to continue to lead the world, each must be addressed. Let me start with the crying need to reform our country's civil justice system. Every American has heard the stories of bizarre or frivolous lawsuits; but most of you in this room have lived them, tales that could have been torn from the pages of Kafka. I will cite one example, related by one of your members, Roger Coleman, president of Rykoff-Sexton, a food manufacturer and distributor. After a record year of earnings in 1989, Mr. Coleman publicly expressed his confidence that 1990 would be even better. When earnings fell short the following year, his hopeful statement became the cause of a shareholder class-action lawsuit. Mr. Coleman, his company and its directors were named as defendants. First came a meeting with plaintiffs' lawyers, at which the merits of the case were never even discussed. "The issue," says Mr. Coleman, "was the depths of our pockets." Next came the nightmare of discovery: endlessly expensive and invasive. The attention of the company's managers was diverted from running the business to preparing for depositions. The lawsuit, he says, "brought everything to a stop." In the end, rather than face the bottomless drain on company resources, Mr. Coleman decided to settle. Total tab for this fruitless exercise: $8.7 million. As Mr. Coleman says: "That's over $8.7 million that was diverted from new investments in jobs and facilities." The scenario is repeated daily throughout American business. It is not repeated, let me stress, among our world competitors. This absurd drain on productivity is a peculiarly American phenomenon, putting us at an increasing disadvantage in the international marketplace. Only the United States has seen a 382 percent increase in the number of lawyers over a twelve year period. Only the United States spends XX percent of its GDP on litigation -- more than 80 billion annually in direct costs, perhaps four times that in indirect costs. Fear of lawsuits have driven almost half of U.S. manufacturers to withdraw products from world markets. One out of every four American companies has discontinued certain types of product research for the same reason. And at least one entire industry -- light plane manufacturing -- has been all but ruined. The price of lawsuit madness is too high. It is a deadweight on our ability to produce and compete worldwide. It must end. We've been proud to work with ABC in restoring sanity to our civil justice system. My competitiveness council, led by Vice President Quayle, has offered 50 recommendations for legal reform. They would limit discovery to rational proportions, discourage some frivolous suits through a "loser-pays" rule, and offer alternative means of resolving disputes. Some of these 50 comprehensive recommendations I have instituted by Executive Order; others are contained in our Access to Justice Act, submitted to Congress earlier this year; and still others will take place at the state level, using the model reforms we have proposed. If we are successful, the effects will be far-reaching, extending into another area critically in need of reform. Medical malpractice premiums almost doubled in the second half of the 1980s, owing largely to the explosion in lawsuits. Doctors have begun practicing "defensive" medicine, ordering unnecessary tests and procedures to protect against litigation. This too drives up health care costs. The trends are simply unsustainable. From less than 6 percent 30 years ago, total health care expenditures are today about 13 percent of GDP. Incredibly, some mid-range estimates put that figure at 30 percent by the year 2030 -- that's thirty cents of every dollar of national output spent on health care. It is not hard to imagine what this would mean for American business. Profits are already swamped in health care costs. American companies, on average, spend more on health premiums each year than they earn in after tax profits. And this trend too is heading inexorably upward. This is a crisis -- for American business, for every American. Reform of the system is inescapable. But we face a crossroads. Some have advocated nationalized care; others propose the so-called "pay or play" approach, which I am convinced is merely a step on the road to nationalized care. Neither is acceptable. Neither will preserve the quality of our country's health care, which for all its faults is still the best in the world. I will not let that high quality be taken away from the American people through some scheme of government control. Nationalized care means rationed care; its promise of cost containment is a mirage. Pay or play would increase still further the mandates on business. The proposed 9 percent payroll tax, for example, would mean a 34 percent increase to a company's insurance costs. That money must come from somewhere -- and for a company unable to pass along the added costs through higher prices, it will come out of profits. There is an alternative. My proposed reform of our nation's health care system is based on sound principles. We will build on our strengths, preserving the quality of care by avoiding the chimera of government cost controls. We will preserve consumer choice. Through tax credits, we will assure access to basic health insurance for the uninsured, and control costs through market incentives. And we will not raise taxes on American employers. I have targeted a third area for change, one no less critical to our success in the coming decades. Recently we have seen a resurgence of the protectionist threat. You well know the dangers of this siren call, because you understand as well the opportunities the global marketplace offers the American worker. ABC's members tell the story. The fastest growing companies among you -- the ones creating the greatest number of jobs here at home -- are those with far-reaching involvement in foreign markets. You understand that for America to succeed economically at home, we must succeed economically abroad. I am committed to opening markets to American products, removing the government-imposed barriers that act as a hidden tax on American business. Each market by protection is a lost opportunity to sell your products. A successful conclusion to the current Uruguay round of trade negotiations, for instance, is expected to increase world economic output by $5 trillion over the next decade. More than $1 trillion of that boom will go to the United States. Even closer to home, exports to Mexico have more than doubled over the five years -- creating more than 260,000 American jobs. Our North American Free Trade Agreement will lock in those gains. Together with Mexico and Canada, we will create a $6 trillion market of 360 million producers, the largest marketplace in the world. ABC proves that American businesses have nothing to lose and everything to gain by increased international competition. As world trade exands, the need for a sophisticated, well-educated workforce will intensify. Yet the fact is grim and undeniable: our educational system, as currently structured, is simply unable to produce the workers the highly competitive world market demands. And make no mistake: a failure to produce a world- class workforce will only provide an incentive to move new jobs overseas. Our educational failures have hit American employers hard. English is now the language of international business, but XX young people graduate high school lacking minimal grammar and writing skills. The same holds for studies in geography, math and science. Too many businesses are forced to pay twice for the education of prospective employees -- once through taxes that support our schools, and again through job training to remedy the failures of those schools in educating our young. Today American businesses are spending XX on remedial training. I greatly appreciate the steps businesses have taken on their own to correct this national scandal. ABC's Vital Link, which works with local schools to establish learning incentives for students, is a perfect example. But there is much for government to do. In early April, I will submit to Congress a new strategy, called Job Training 200, to reform vocational training for young Americans. This year, seven different federal agencies will spend $18 billion on a patchwork of 60 vocational training programs. Is it any wonder that so many of our young people who desire training don't know where to get it? Working with state and local governments, Job Training 2000 will bring conherence to those programs. Private industry councils, largely composed of businessmen, are crucial to the strategy. They would manage programs tailored to the specific needs of local labor markets. And they will be accountable for the quality and efficiency of their programs. In stressing accountability and local control, Job Training 2000 perfectly complements a revolution that is now taking place in American education as a whole -- a revolution absolutely essential if we are to create a world-class workforce for the future. Our America 2000 initiative aims to reinvent American schools. How we get there is no secret. We set high standards for students. We make teacher training a top priority. And we make schools more accountable, by exposing them to competition. That means giving parents the opportunity to choose their children's schools. I am convinced that each of these steps -- expanding world trade, reinventing education, restoring sanity to our legal system, and ensuring quality health care for all -- is essential to this country's future productivity. Each, I believe, is essential if American business is to create wealth and jobs, because each will remove from you burdens that serve only to divert your valuable resources. At the same time, each faces powerful opposition from special interests who profit from the status quo. So I have targeted a final reform, no less important than the others. If America is to change, American government must change. Last week in Philadelphia, I spoke at some length on the paralysis that grips the federal government. This paralysis prevents Washington from making even the most rudimentary decisions of public policy. The results are plain: a deficit that is a fiscal and a moral outrage, a permanent governing class oblivious to the national interest, hundreds of wasteful programs that live in perpetuity. The steps I outlined will restore accountablity and responsiveness to a system that has been broken for too long. A responsive government will give the steps I've outlined here today a fair hearing, even though the special interests are arrayed against them. These approaches are grounded in basic principles, a way of looking at the world. Government must trust the wisdom of markets more than the whims of bureaucrats. The freely made decisions of businessmen and women must take precedence over the engineering schemes of government. All of our institutions -- from the U.S. Congress to the local school board -- must be accountable to those they serve. With these principles as our guide, we will meet the challenges -- and exploit the opportunities -- of the world that is even now being born. Commitment to Growth: The American Business Conference and the Challenge of Economic Policy Commitment to Growth: The American Business Conference and the Challenge of Economic Policy AmericanBusinessConference Contents Preface iv Foreword V Discussion of ABC Anniversary Survey 1 The Competitive Environment Job Creation Workforce Competence International Outlook ABC and the Washington Business Community: 1981-1991 8 Emergence of an Agenda -- Capital Formation - International Trade and Investment - Education Final Thoughts 19 Selected Readings iii Preface This report contains highlights from a recent survey of the members of the American Business Conference (ABC) and an interpretive essay about ABC and its place in the Washington busi- ness community. There are as well throughout the text comments from individual ABC members that help to illustrate how ABC's mission relates to the business experience of ABC executives. We would like to thank all ABC members for their cooperation in the preparation of this report. We remain struck by their enthusiasm, by the continuing relevance of their views for progressive economic policymaking, and by the accuracy of their vision both in founding ABC ten years ago and keeping it on course for the future. James R. Jones, Chairman Barry K. Rogstad, President The American Business Conference Washington, D.C., April 1991 iv Foreword This report is being issued in conjunction with the tenth anniver- sary of the founding of the American Business Conference (ABC). For those who know ABC well, an anniversary celebration may seem incongruous. ABC members - the chief executives of some of this country's most successful entrepreneurial firms - are not the sort of people who look back. As a study of our members by McKinsey & Company observed, ABC executives have an "eternal dissatisfaction with the status quo." They thrive on change. Still, one can learn from the past without living in it. The policy agenda of ABC for the next decade has been formed and tempered by political and business developments over the last ten years. By providing a backward glance over those developments, this report maps ABC's future. Regardless of the specific policy challenges ahead, ABC's mission and methods will not change. We shall continue to promote initia- tives to encourage economic growth and a higher standard of living for all Americans. Our members, rather than ABC staff, will be responsible for communicating our views to policymakers. We shall ask to be evaluated on the merit of our ideas; ABC will never have a political action committee. And we shall remain bipartisan. Pausing to mark an anniversary is a pleasant and appropriate activity. It must also serve to remind us of how much work lies ahead. The nation's fiscal house is in disorder, the skills of our workforce require improvement, and American business has yet to come fully to terms with economic globalization. These problems, burdening as they do capital formation, labor productivity, and international trade and investment, directly threaten the economic well-being of future generations. The nation needs a new consensus on the importance of economic growth as the only practicable means for building - and paying for - the kind of society we want to bequeath to our children. Taking the lead in building that consensus is precisely what ABC hopes to do over the next decade. We expect to be kept busy. Arthur Levitt, Jr., Founder and Past Chairman The American Business Conference V Discussion of ABC Anniversary Survey In preparation for the American Business Conference's tenth anniversary celebration, ABC executives responded to a survey designed to elicit their views on the competitive environment, the American workforce, and international economic conditions. The survey was distributed to ABC executives in late 1990, a time of discouraging political and economic news. Large numbers of American soldiers were preparing for battle in the Persian Gulf. The American economy had fallen into recession, stretching the already strained resources of the banking system. The Uruguay Round of the General Agreement on Tariffs and Trade was on the verge of col- lapse. Despite these and other grave problems, the seventy ABC executives responding to the survey were characteristically optimistic. To be sure, they face their share of competitive pressures, as the survey revealed. Nonetheless, ABC members were able not only to look back on a decade of accomplishment but forward toward further success. The survey, then, is in effect a single snapshot of a dynamic and continuing process of growth and job creation. Comments regarding "Cost containment with quality and service" key factors for success Peter McCausland, Chairman & CEO in the 1990's. Airgas, Inc. "People - education and training" Roland S. Borebam, Jr., Chairman & CEO Baldor Electric Company "Adequate financing, motivated associates, clear strategic direction" Clark A. Johnson, Chairman & CEO Pier 1 Imports, Inc. "Innovation and price" John W. Brown, Chairman, President, & CEO Stryker Corporation "Worldwide skill at exploring new market niches via clever marketing and technology" John A. Gilmartin, Chairman, President, & CEO Millipore Corporation "The successful adoption of Total Quality Management prac- tices throughout our company" Stephen R. Levy, Chairman & CEO Bolt Beranek and Newman, Inc. 1 The Competitive Environment As a group, ABC companies face a tougher competitive environ- ment than they did ten years ago. A look at the importance they place on key strategic traits demonstrates the point. Ten years ago, ABC executives emphasized innovation, niche competition, and value as key components to their success. Price competition lagged in importance. Today, innovation, niche competition, and value have become even more critical. Price competition, while less crucial, has also grown in significance. ABC executives are today faced with the job of speeding the pace of innovation, expanding their share of key niche markets, and providing more value in their goods and services - all of which demand increased investment - while simultaneously cutting costs to meet stronger price competition. The importance of Key Strategic Traits, 1980 and 1990. VALUE NICHE COMPETITION FREQUENT INNOVATION 1980 PRICE 1990 COMPETITION O 1 2 3 4 5 Job Creation Despite tightening competitive pressures over the past decade, ABC companies achieved a remarkable rate of job creation during the 1980's. According to the survey, for the years 1980-1990, ABC companies created domestic jobs at a compound annual rate of 8.2 percent, thereby more than doubling their number of U.S.-based employees in ten years. Domestic job creation by the subset of ABC companies investing and hiring abroad surpassed that of ABC companies with no foreign- based employees. Because of the so-called runaway jobs syndrome, this point deserves amplification. Sixty-seven ABC executives provided employment data in their survey responses. Seventeen reported that their firms had no foreign- 2 based employees. Between 1980 and 1990, the domestic workforce of these companies increased at an average compound annual growth rate of 6.6 percent. In contrast, the fifty responding ABC companies with foreign-based employees, expanded their domestic employment in the 1980's at an average annual rate of 8.6 percent. Building on a much smaller base, these same companies more than tripled the number of employees outside of the United States. These numbers suggest that, at the very least, investment and employment abroad do not necessarily reduce domestic employment. In fact the data indicate that for growing companies, establishing corporate presence in foreign markets may protect and expand job opportunities in the United States. Average Compounded 10 Annual Growth Rate of Domestic Employment, 8 8.2% 8.6% 1980-1990. 6.6% 6 4 2 0 ALL ABC FIRMS ABC FIRMS ABC FIRMS WITH WITH NO FOREIGN-BASED FOREIGN-BASED PERSONNEL PERSONNEL Average Domestic Employment of ABC Firms, 1980 vs. 1990. 1,877 4,140 Average Non-U.S. Employment of ABC 405 Firms, 1980 vs. 1990. 1980 1,247 1990 0 1,000 2,000 3,000 4,000 5,000 3 Workforce Competence Thirty-four percent of ABC executives surveyed believe that the competence of the American workforce has improved over the past ten years, 41 percent believe workforce competence has declined, and 25 percent found no substantial change. The survey asked those ABC executives reporting declining competence to describe what their companies are doing to compen- sate. "Because the nation's security, economy, and quality Seventy-one percent of those executives who believe workforce of life depend on the techno- competence is declining reported that their companies were becoming logical literacy of all Ameri- less dependent upon workers in favor of greater mechanization; that cans, it is critical that busi- is, their companies were substituting capital for labor where possible. ness invest in and help im- Sixty-eight percent said their firms were redoubling their efforts prove our education system." to retrain workers to specific company standards. Other options cited included instituting remedial education to teach basic skills (32%), John Rollwagen looking beyond traditional sources to satisfy labor needs (32%), Chairman & CEO outsourcing to other firms (18%), and simplifying work procedures Cray Research, Inc. to help less able employees (12%). Clearly there is no single strategy for dealing with the problem of declining workforce competence. ABC executives typically cited multiple tactics. Most of the tactics are short-term responses to a long-term problem. Ultimately, development of a world-class workforce will depend on a world-class educational system at all levels, in all communities, and for all students. Otherwise, the pressure to export jobs will grow - not to cut costs but to find competent people. ABC members' views regarding changes in the competence of the U.S. workforce, 1980-1990. 34% 41% INCREASING DECLINING COMPETENCE COMPETENCE 25% NO CHANGE 4 International Outlook In a characteristic departure from conventional wisdom, and in the face of the collapse of the Uruguay Round and the rise of protectionist pressures, the vast majority of ABC executives surveyed believe that the next decade will be a period of generally liberalized trade and investment. From the standpoint of managerial strategy, ABC executives are looking beyond national borders for increased growth. Sixty-one percent of the ABC executives surveyed said that by the year 2000, international business will be indispensable for their firms' overall success. International business is already a key factor for the growth of ABC companies. In 1990, on average 24 percent of the total rev- enues of ABC firms were derived internationally. For the years 1990-1995, ABC executives project an average compound growth in international sales of nearly 20 percent. Although exporting will remain an important tool for garnering those sales, ABC companies also plan to expand their production capacity abroad. International investment moves in more than one direction. Forty-five percent of the ABC companies surveyed reported that they had tapped international capital markets. When asked why they had looked abroad for financing, ABC executives most often cited the superior availability and price of foreign capital, the longer-term perspective of foreign investors, and the need to minimize risk through foreign exchange hedging. Looking ahead, most ABC executives expect the international capital markets to play an increasing role in helping their companies meet their future financing needs. ABC members assess the importance of interna- tional business for the 10% 11% 8% success of their firms, 26% 16% 42% 1980, 1990, 2000. 25% 61% 25% 32% 37% Critical/Indispensable Substantial Marginal 1980 1990 2000 Irrelevant 5 A. International revenues of ABC firms as a percent- age of total sales, 1990. 24% 38% B. Exports as a percent- age of all international sales, 1990. A B Foreign production capacity of ABC firms as 9% a percentage of total 21% 31% production, 1980, 1990, 2000. 1980 1990 2000 A. Foreign-owned equity as a percentage of total equity of ABC firms, 1990. 10% 15% B. Foreign-owned debt as a percentage of total debt of ABC firms, 1990. A B ABC members assess importance of interna- 60 tional capital markets for 60% their future financial 50 needs. 40 30 38% 20 10 0 2% INCREASING SAME DECREASING 6 To look at these survey results is to understand immediately ABC's policy agenda. Today more than ever, low cost and plentiful investment capital, an able and motivated workforce, and an interna- tional economic system open to the free flow of goods, services, and investment are essential if companies like those in the ABC are to flourish and the economy as a whole is to grow. Growth is not automatic. Job creation does not just happen. International competitiveness is not a right. All require cultivation. While the future of ABC firms appears bright, that future will only be realized in the appropriate policy environment. Articulating the necessary ingredients for such an environment is what ABC members attempt to do. 7 ABC and the Washington Business Community: 1981-1991 The decade of the 1980's was the most active period of federal economic policy formation toward business since the New Deal. Private sector efforts to influence that policymaking were correspond- ingly intense. One measure of those efforts was the growth of the business community in Washington. According to the authoritative directory, Washington Representatives, by the end of the decade there were permanently installed in the Washington area over 1,900 trade and professional associations, 1,500 corporate representatives, and nearly 3,200 lawyers and consultants registered as lobbyists or foreign agents. These numbers underestimate the private sector presence in Washington. Business-subsidized think tanks, coalitions, and other nominally independent organizations have extended business's reach. Overnight mail, facsimile machines, telephone banks, and computer- ized mailing lists have enabled companies without permanent representation in Washington to become, in 1980's parlance, players inside the Beltway. From its inception in 1981, the American Business Conference has faced the challenge of being heard amid the explosion of private sector participation in governance. To do so, ABC has relied upon the power of one idea: economic growth. In the late 1970's - when ABC was taking shape - the promise of economic growth had dimmed. High energy prices, inflation, rising unemployment, and declines in product quality and service all conspired to produce what was accurately described as a national malaise. For many large American companies preservation of existing capacity had replaced growth as the prime imperative. The American economy and American business seemed exhausted. ABC offered another view. Here was a group of entrepreneurs whose companies were doubling in size every five years. Between 1975 and 1980, ABC companies had created new jobs at a rate three times faster than the economy as a whole, enjoyed annualized export growth rates of 29 percent, and expanded capital spending at a rate nearly twice that of Fortune 500 companies. This extraordinary performance during the malaise years was bound to attract attention. Even the relative obscurity of ABC executives and their companies contributed to the organization's reputation. The press and policymakers regarded ABC members as novelties: they were not the usual corporate "statesmen" surrounded by public relations advisers. Here were people quite unused to the ways of Washington, evidently more comfortable at home running their companies, and yet nonetheless convinced it was worth their time to try to orient public policy to encourage economic growth and job creation. Even more surprising, they wanted to concentrate 8 exclusively upon improving aggregate economic conditions rather than plug the self-interest of their individual companies. This perception of ABC members and their motives, which helped SO much to establish the organization's credibility, had the added advantage of being true. Moreover, it was coincident with a burgeoning belief in the possibility of economic renewal that was beginning to sweep the nation in the early 1980's. Emergence of an Agenda Capital Formation ABC's impact was more than just a matter of anticipating and embodying a change in the national mood. Substantively, there was - and is - a difference in public policy perspective between companies that are growing and those that are preserving capacity; companies that aspire to be king of the hill and those desperately trying to stay on top. An early example of that difference involved tax policy. A "Why should the average McKinsey & Company study sponsored by ABC in the early 1980's American who's not an measured the effective tax rate paid by 1,200 midsize, high-growth investor be concerned about companies compared to that paid by the Fortune 100 group of firms. capital formation? Very Using 1978 data (the most recent then available), McKinsey discov- simply, it's in four letters: ered that the growth companies were paying twice the rate of the J-O-B-S. There is no way you larger companies (30% compared to 15%). are going to have job growth The difference was best understood as the result of a corporate unless you have renewed tax structure that rewarded capital intensive, smokestack industries vigorous investment of with generous write-offs while taxing at high marginal rates the capital, both in physical income of companies relying on intellectual and technical know- plant and in buman beings." ledge. Yet, the latter group of companies - including the members of ABC - were creating jobs and internationally competitive prod- James R. Jones ucts. Chairman, American Business For ABC members a solution to this paradox seemed clear: Conference lower corporate tax rates in exchange for the elimination of generous Chairman, write-offs for capital intensive companies. Lobbyists for firms American Stock profiting from the code's prevailing bias were not impressed. The Exchange resulting fissure in the business community persists to this day. Without the advocacy of growth companies, the debate might never have occurred at all. Concern about effective tax rates led naturally to interest in a larger issue: the cost and availability of capital for business invest- ment. In a 1983 monograph entitled High Cost of Capital: Handicap of American Industry, a founding member of ABC, Dr. George N. Hatsopoulos, demonstrated that American business faced a real cost of capital three times higher than that in Japan. Dr. Hatsopoulos argued that this disparity in capital costs, if unattended, would cripple the ability of American companies to compete in the world market. The problem of high capital costs was obvious to ABC executives and business economists. But for Washington, the cost of capital was an idea neither familiar nor well understood. Before the Hatsopoulos monograph, differential labor costs were regarded as the primary 9 advantage enjoyed by non-American companies. That assumption was a product of the hold that big business had on the Washington policy debate. For large firms, as ever, the issue was preservation of capacity. Capital costs were not important because older, larger companies were not capital hungry. But growth companies have a voracious appetite for capital; they must be in the capital markets continually. The predicament of emerging growth companies is particularly dire. Not established in the marketplace and with little collateral, such firms must rely on the equity markets where capital costs are especially high. Once again, the perspective of growth companies had intro- duced something new to the Washington debate. In the years since ABC's release of the Hatsopoulos monograph, America's high cost of Excerpt from ABC Be it resolved that the ABC considers the stimulation of Economic Policy national savings and the continued reduction of the federal Resolution deficit as the nation's leading economic priorities. (Adopted January 24, 1989) Be it resolved that the ABC believes deficit reduction is primarily a matter of reducing the rate of increase in federal spending. To that end, the ABC urges bipartisan scrutiny of all federal spending programs, including defense and domestic entitlements, for possible savings. Be it resolved that the ABC believes that savings can be realized without compromising national security, the needs of low-income Americans, and necessary investments in infra- structure and education. Be it resolved that the ABC advocates consideration of issues of inter-generational equity in order to balance expendi- tures to meet obligations to older Americans in need while providing programs to develop the potential of the young and working population. Be it resolved that the ABC advocates reform of the budget process for the purpose of introducing greater discipline and accountability. A disciplined and accountable budget process is one that communicates to taxpayers the costs as well as the benefits of any new programs while insuring that such pro- grams, if adopted, are adequately financed. Be it resolved that the ABC believes that, to the maximum feasible extent, the burden of new federal spending should be borne by citizens according to their ability to pay, and that citizens with similar income levels should have similar tax obligations regardless of the source of their income. Be it resolved that the ABC, in the event that spending economies and budgetary discipline are not sufficient to reduce the deficit, supports imposition of new taxes explicitly and without exception for the purpose of deficit reduction. The burden of new levies should fall on consumption rather than savings. Be it resolved that the ABC supports longer term tax reform which removes the bias against savings and investment relative to consumption. 10 capital has taken its proper place in discussions about improving the international competitiveness of American business. Having demonstrated that the declining availability of capital in general and its high cost to business in particular impeded economic growth, ABC executives characteristically set about the task of trying to solve both problems. The solution required two related public policy strategies, neither of modest proportions: reduction of the federal deficit and correction of biases in the tax code. As ABC members saw it, the huge and chronic deficits of the 1980's would have been tolerable had the nation's private saving rate been robust. But the federal dissavings in the form of deficits had been coincident with a plunge in the private saving rate. The amount of capital available for investment declined. By the late 1980's, the United States lagged major industrial nations in both net investment and productivity growth. Much of the investment that was taking place was being financed by a huge influx of foreign capital, indebtedness that caused the nation's trade deficits to swell and imperiled the standard of living of future generations of Ameri- cans. For ABC, then, the importance of deficit reduction could only be understood in the larger context of the nation's low level of national savings. This perspective differed from the traditional hostility of business to "big government." ABC executives did not venture any particular view about the optimum size of government; they were primarily concerned that Americans pay for whatever amount of government they wished to have. While seeing deficit reduction as primarily a matter of moderat- ing the rate of increase of federal spending and establishing greater overall budgetary discipline, ABC also supported new taxes dedicated to deficit reduction. To raise revenues without penalizing savings, ABC called for larger levies on consumption. In the short-term, that meant excise tax increases such as a higher levy on gasoline. Longer term, ABC in the early 1980's supported a national value added tax (VAT) designed with appropriate exemptions for food, clothing, and shelter. In recent years, support for a VAT has been complemented by member interest in a consumption-based income tax. Administered like the current income tax, a consumption-based income tax exempts from taxation all forms of net savings. Along with urging deficit reduction as a means of raising the level of national savings, ABC also sought policy initiatives to correct a prevailing bias in the tax code favoring debt over equity and consumption over savings. The tax code allows corporations to deduct interest on debt while simultaneously taxing equity twice, once as corporate income, later as dividends and the appreciation of corporate shares resulting from retained earnings. As George Hatsopoulos demonstrated in a 1989 monograph co-authored by Professors James Poterba and Paul Krugman of the Massachusetts Institute of Technology, this anomaly has several adverse effects. First, it raises the cost of capital particu- larly for knowledge-intensive firms and start-up companies that must 11 rely principally on equity financing. Second, it provides an incentive for companies to exchange equity for debt, thus making themselves vulnerable in economic downtums. Finally, the code's bias in favor of leverage propelled a number of debt-financed takeovers and buy-outs. These deals resulted in huge, involuntary capital gains realizations for tendering stockholders. Hatsopoulos and his colleagues estimated that every dollar paid out in these transactions resulted in 59 cents of additional consumption. The rash of financial restructuring in the 1980's with leverage, in other words, had been an important contributor to the nation's consumption binge. The code's bias favoring consumption over savings causes equally perverse results. The flow of money into consumption is taxed only once as income. Savings are taxed twice: first as income and then as returns on accumulated savings. ABC executives believed that this disincentive was at the core of America's chronically lagging savings rate. ABC members devoted considerable time to forging proposals to achieve greater tax neutrality regarding debt versus equity and consumption versus savings. Of course, a simple way toward neutral treatment of debt and equity would be to repeal the deduction on corporate debt. Some in Congress proposed as much. ABC members demurred. Repealing the interest deduction would raise the overall cost of capital. ABC members chose instead to join those calling for corporate tax integration - that is, removing a layer of taxation on equity. As an alternative to integration, ABC endorsed enactment of a capital gains differential applicable exclusively to new equities or new gains on existing equities. The degree of tax preference accorded such gains would depend on the length of time the equity had been owned. For longer-term holdings, the tax on capital gains would decline to zero. To correct the code's bias against savings, ABC endorsed tax- based savings initiatives such as expanded Individual Retirement Accounts, family savings plans, and an expansion of the current savings bond program. Recognizing the degree to which American cultural attitudes promote consumption over savings, ABC members strongly urged the President and other political leaders as well as their colleagues in the corporate community to underscore the importance of saving for the nation. ABC's ideas for tax neutrality were not without cost. Compensat- ing for the double taxation of equity and of savings would necessarily reduce federal revenues. ABC's desire to correct the bias in the tax code thus collided with its advocacy of deficit reduction. Confronting this conflict has led to a sense among ABC members that over the long term, the United States must adopt sweeping tax reform that raises an adequate amount of revenues, does not discrimi- nate against savings and investment, and is fair. The consumption- based income tax theoretically meets all three criteria. For that reason it has the potential for providing the structural framework for ABC's capital formation advocacy in the next decade. 12 Like the current income tax that it would replace, the consump- tion-based income tax can be made as steeply progressive as voters wish and economic circumstances require. Because all forms of savings escape taxation until they are drawn down and spent, a consumption-based income tax obviates any need for targeted savings incentives. Similarly, corporate income would remain untaxed unless distributed and used for consumption. The double taxation of equity would disappear. Obviously, a consumption-based income tax presents daunting transition problems (although unlike a VAT it does not necessitate a new bureaucracy). ABC members believe that the tax's merits warrant discussion and resolution of these transition problems. The alternative is continued tinkering with the current tax code - a process guaranteeing uncertainty, unintended consequences, skewed business decisions, voter cynicism, and fat retainers for lobbyists, lawyers, and accountants. It is within the capacity of the United States to develop a system of taxation that is equitable, efficient, and neutral. Such a system will not eliminate all concerns about America's economic competitiveness. Absent such a system, however, discussions about what government can "do" for business are futile. International Trade and Investment Like ABC's fiscal policy, the organization's perspective on international trade and investment ran counter to the prevailing views of the business community in Washington. Chronic merchandise trade imbalances in the first half of the 1980's prompted Congress to involve itself far more than at any time since World War II in the formation and management of trade policy. Congressional participation spurred greater business lobbying on "Doing business interna- trade and investment issues. tionally is not an option for The greatest share of business advocacy on trade emanated from most American companies. It companies seeking protection for their share of the domestic market. is a necessity. Unless we For firms more intent upon preservation rather than expansion, this aggressively establish market was a rational course. It is also true that protective measures are presence abroad and unless easier to devise and their effectiveness simpler to measure than we are willing to learn from initiatives to encourage businesses to sell abroad. our foreign-based competi- tors, our capacity to control ABC executives were not among those pursuing protection. The our market bere at home will early 1980's had been a period of rapid international expansion for be irremediably crippled." member firms. Between 1981 and 1986, the foreign sales of ABC firms had grown at an average rate of 20 percent a year, compared J.P. Barger with 3 to 4 percent for other American companies reporting interna- President & CEO tional revenues. The foreign operating income of ABC companies Dynatech Corporation had increased 23 percent annually, in contrast to 4 percent for other companies. ABC companies similarly outpaced their corporate colleagues in export growth and in the acquisition of foreign assets. As in tax policy SO in trade policy the line between growth companies and firms seeking to preserve capacity was stark. ABC companies made their views known in two publications, The Challenge of Global Competitiveness: Views of America's High Growth Companies (1987) and Winning in the World Market (1987). These 13 two monographs, based on surveys of ABC executives and follow-up interviews, described the international success of ABC firms and the managerial principles behind that success. Other than calling for a reconsideration of export control International Environment: Views of ABC Members ABC members assess the overall trade and invest- ment environment over 7% the next decade. 21% -- 72% Improving/more liberalized trade investment environment -- 21% Worsening environ- 72% ment/greater protectionism -- 7% No change The three highest growth markets for ABC firms over the next five years. JAPAN/ GERMANY/EEC CANADA PACIFIC RIM ABC members over- whelmingly support U.S.-Mexico Free Trade 8% Agreement. -- 92% Support -- 0% Oppose -- 8% No opinion 92% 14 regulations, neither publication made specific policy proposals. Indeed, ABC executives evinced little enthusiasm for new trade legislation and no enthusiasm at all for protectionism. ABC members did not deny that barriers to trade and investment existed in Japan and elsewhere. They denied instead the capacity of "Our continued success government to remove those barriers through unilateral action. depends upon our ability to Moreover, ABC dared to suggest that some barriers were not so much compete effectively with walls as hurdles and that managerial commitment and skill could international competition in surmount them. both the domestic and over- These views were provocative. In advancing them, ABC mem- seas market. We must bers were at some pains to point out that they did not regard their continue to offer consumers international success as automatic or necessarily permanent. They the finest products at the best value in whatever market were, in the words of Ray Stata, CEO of Analog Devices, "running scared." They did not want anyone concluding, on the basis of their place we compete. To be performance, that government had no role to play in cultivating successful we must have a competitiveness. competitive cost of capital, able employees, and an open, For government did have a role. Rather than squander political rules-based trading system." resources trying to force the Japanese to behave, policymakers could better spend their time helping to create a healthy economic environ- W.L. Lyons Brown, Jr. ment at home. Reduction of the federal budget deficit and construc- Chairman & CEO tion of a neutral tax code to facilitate the amassing of low cost, Brown-Forman patient investment capital were high on the list of necessary tasks. Corporation Fiscal policy was linked indissolubly to international competitiveness. That linkage was, during the heat of the battle over omnibus trade legislation in the mid-1980's, an inconvenient truth. ABC's agnosticism on the matter of devising tough new trade laws placed the organization in the not unfamiliar position of bucking current wisdom. Equally controversial was the nature of ABC firms' international success. As described in Winning in the World Market, ABC compa- nies typically had combined exporting with an investment-based strategy. The latter entailed establishing sales, production, and research and development facilities in key international markets such as Japan and the European Community. These facilities were staffed almost exclusively by foreign nationals. That ABC members viewed exporting as only one tool among many for succeeding in international markets disappointed many tribunes of competitiveness. For them, it was not enough to succeed internationally; a firm must export. Central to this view was the assumption that investment abroad eliminated jobs at home. For companies struggling to preserve capacity, such a zero sum game might be the rule. Going offshore is a quick way of reducing costs. Growth companies are different. Their market share at home is expanding. They do not invest in international markets to pare domestic labor costs. They develop a presence abroad to grow abroad, by keeping close to their customers, capturing product and technological innovations developed outside of the United States, and tying down foreign competitors on the latter's turf rather than in the American market. 15 The ABC experience suggests that, rather than reducing domestic employment, an international presence helps to create new jobs at home. In making this point, ABC members hope to elevate the debate on competitiveness beyond a one-dimensional fixation on the merchandise trade deficit, a measure that disguises as much as it reveals about American business's relationship to the rest of the world. To that end, ABC members strongly supported efforts to facilitate the movement of goods, services, and investment through bilateral pacts, such as the U.S. - Canada Free Trade Agreement and multilat- eral negotiations such as the Uruguay Round of the GATT. Addition- ally, ABC members are today actively involved in establishing linkages with entrepreneurial firms in Japan and the European Community. Ultimately, ABC hopes to establish an international business-to-business dialogue on the importance of open markets for world prosperity and economic efficiency. Forestalling a new era of protectionism is absolutely critical for the ability of ABC companies as well as other American firms to thrive in the next decade. Education While international expansion does not necessarily reduce domestic employment, it does require an able and productive domestic workforce. Along with augmenting the quality and amount of investment capital, ABC members are similarly concerned with improving the skills of employees. This concern predated current business anxiety regarding education. The rapidity of ABC companies' job creation brought "We can no longer over- them close to the problem early on. A 1982 study of ABC companies look the needs of the majority found that in order to sustain their job growth rate, 87 percent of the of our high school students companies surveyed sponsored job training programs, 65 percent job who directly enter the retraining programs, 62 percent handicapped hiring programs, and 53 workforce. They will be our percent disadvantaged hiring programs. employees, and we must invest in their future." A 1989 survey of the ABC membership further underscored members' view of the importance of educational improvement. The Josh S. Weston vast majority - 83 percent - of ABC members described the decline Chairman & CEO in the quality of American education as "very serious." Asked to rank Automatic Data the severity of that decline at various scholastic levels, ABC members Processing, Inc. cited grades 9-12 as of greatest concern, followed by grades K-8, college, preschool, and, finally, graduate education. ABC members were asked to explain the decline in education quality. First on their list was the relative lack of prestige enjoyed by the teaching profession in American society. ABC members also believed that parents were insufficiently involved in their children's education, that there were no incentives in place to encourage students to reach for academic excellence, that curricula needed to be reformed, and that the nation lacked a reliable, standardized measure- ment to gauge academic achievement. The diagnosis is not surprising. Respect, involvement, incentives, ability to change in the light of new conditions, accountability: these are principles ABC companies put into play every day. To an extent remarkable for companies of modest size and limited staff resources, ABC firms are intensely involved in applying those principles for the 16 improvement of education in their communities. This is not the old story of corporations demanding that schools be run more like businesses, whatever that may mean. Rather, it is a statement of belief that across organizations of all kinds, the conceptual keys to higher achievement are the same. As ABC members talked with one another about their efforts to promote education reform, they sought a way to involve ABC as an organization in the same pursuit. It was not a simple task. The "Students and educators essential paradox presented by education is that, while a matter of national concern, it remains preeminently a local matter. It remains must know the needs of business and be convinced we as well an enormously complicated issue: the American education will help schools better meet "problem" is in fact a number of discrete dilemmas ranging from those needs. Business must preschool funding to securing an adequate supply of doctoral candidates in critical fields. understand the education system and be ready and ABC decided to focus its efforts on improving academic achieve- willing to make the long-term ment among secondary school students intending to enter the job commitment to be an active market after high school. These work-bound students were most in partner. THE VITAL LINK is need of incentives to perform well in school. aimed at developing specific Virtually from kindergarten, young people learn of the impor- conduits that facilitate this tance for college admission of high grades, extracurricular activities, process." and good scores on standardized tests. By contrast, students planning to get a job after high school rarely hear of a relationship Roger W. Johnson between scholastic achievement and eventual employment. Too Chairman, President many employers cannot be bothered to look beyond a high school & CEO diploma to discover what, if anything, a prospective employee did to Western Digital earn it. If employers are indifferent to academic achievement, why Corporation should work-bound students care? To break this cycle of shared apathy, ABC in 1989 launched its VITAL LINK project. The VITAL LINK encourages businesses to understand better the skills they seek in new employees, to commu- nicate those criteria to the schools, and to reward with differential pay and superior opportunities for advancement those students meeting the standards. Such incentives enable students to work toward their fullest potential by helping them to understand the opportunities available after graduation. Conceptually simple, the VITAL LINK promises a revolution in the way business hires high school graduates. Over time, as students learn what skills prospective employers value and see graduates with those skills receive better pay and faster promotions than less able graduates, they will learn that scholastic achievement and meaningful extracurricular experience matter. The VITAL LINK does not include proposals for changing the structure of schools or school curricula. It may well be that as work- bound students begin to draw a close association between what they learn in school with what they earn on the job, they will ask for more varied courses. Similarly, educators may be spurred to effect innovations to better develop the skills work-bound students seek. In addition, the VITAL LINK could spawn novel forms of skill assessment as well as new methods for helping students to compile and transmit to prospective employees records of their academic performance, test scores, and relevant work experience. All such innovations would be desirable. From the perspective of ABC and 17 the VITAL LINK, they are by-products of the core tasks of making businesses more intelligent employers of work-bound students and providing students greater motivation to achieve. To implement the VITAL LINK, ABC organized a National Steering Committee comprising representatives of leading national "We've beard a lot today business and educational associations. The steering committee about the work ethic in our oversees a number of demonstration projects in communities around country not being up to par the country. with other nations. As Ameri- At these demonstration sites, committees of local business can businesses compete for people, community leaders, and school administrators, teachers, and leadership in a global students are working together to establish the feasibility of the VITAL economy, it is imperative that LINK concept. Assuming success, the National Steering Committee our productivity and the will assist in the dissemination of the VITAL LINK model throughout quality of our work be at the nation. least competitive and at best exceptional." The evaluation of each demonstration project will take time. ABC members believe that the potential rewards justify the effort. Gloria Boban Helping work-bound students, some of whom are the most disadvan- President taged young people in the nation, is essential if they are to realize a Omega World Travel, Inc. fair share in a growing economy. It is said that a rising tide lifts all boats. That assumes that significant segments of the populace are not stranded on islands of apathy and neglect. Education can be a lifeline to these people, if that line is connected to meaningful economic opportunity. The VITAL LINK seeks to supply that connection. The VITAL LINK American Association of Community and Junior Colleges National Partners American Association of School Administrators American Electronics Association American Federation of Teachers American Society for Training & Development Business-Higher Education Forum The Business Roundtable Cities in Schools, Inc. National Alliance of Business National Association of Manufacturers National Association of Secondary School Principals National Association of Wholesaler-Distributors National Education Association National School Boards Association The VITAL LINK Fort Worth, Texas Demonstration Sites Orange County, California Montclair/Morristown and Somerset County, New Jersey 18 Final Thoughts Two important points implicit throughout this report should, perhaps, be made explicit at the end. First, ABC members believe that the future of the nation is in our "The United States faces own hands. If we bequeath to our children a lower standard of the real risk of economic living and worsened social conditions, we shall rightly be held stagnation. But if we restore responsible. The source of our problems is not overseas. It is here at our faith and determination home, with us, and what we have chosen to do with the extraordi- to save and invest for the nary advantages given to us by past generations of Americans. future - which served our Second, to secure the future we would wish for our children, we country so well in the past - must cultivate economic growth. This is not to say that growth our society's advantages in should be an end in itself. A good society is not measured solely in natural and buman resources terms of GNP. Without growth, however, the desire to achieve will enable America to grow greater equity in American society devolves into a struggle over life and remain the most prosper- preservers on a sinking ship. ous society in the world." Too often in recent years growth has been treated as a code word for avarice. In fact, it is a synonym for opportunity. ABC George N. Hatsopoulos Chairman & President executives have made the most of the opportunity created by the Thermo Electron nation's past commitment to growth. They want future generations of Americans to have an even better chance to do the same. It is that Corporation motive, in essence, that led to the founding of the American Business Conference. It is that motive, too, that will propel the organization into the next decade and beyond. 19 Selected Readings The American Business Conference, The Challenge of Global Competitiveness: Views of America's High Growth Companies. Washington: American Business Conference, 1987. The American Business Conference, Reflections on Competitive- ness: Views of Two Chief Executive Officers. Washington: American Business Conference, 1987. The American Business Conference, The Vital Link: Motivating Student Achievement. Washington: American Business Conference, 1990. The American Business Conference and McKinsey & Company, Inc., Winning in the World Market. Washington: American Business Conference, 1987. Clifford, Donald K., Jr. and Richard E. Cavanagh, The Winning Performance. New York: Bantam Books, 1985. Hatsopoulos, George N., High Cost of Capital: Handicap of American Industry. Washington: American Business Conference and Thermo Electron Corporation, 1983. Hatsopoulos, George N., Paul R. Krugman, and James M. Poterba, Overconsumption: The Challenge to U.S. Economic Policy. Washington: American Business Conference and Thermo Electron Corporation, 1989. McKinsey & Company, Inc., The Winning Performance of the Midsized Growth Companies. New York: McKinsey & Company, 1983. About ABC Since its inception in 1981, the American Business Conference has served as the voice of the midsize, high-growth sector of the economy. Comprising 100 chief executive officers of high-growth companies with revenues over $25 million, ABC works to create policies which promote fundamental economic growth, job creation and a better standard of living for all Americans. American Business Conference 1730 K Street. NW, Suite 1200 Washington. DC 20006