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Published by the National Small Business Association

Volume 22, Issue 5November/December 2008

ADVOCATE2 NOVEMBER/DECEMBER 2008

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ADVOCATE 3NOVEMBER/DECEMBER

ChairMarilyn D. Landis

First Vice ChairKeith Ashmus

SecretaryLois W. Riske

TreasurerScott Hauge

Immediate Past ChairGrafton H. “Cap” Willey, IV

Vice Chair, CommunicationsChris Holman

Vice Chair, AdvocacyLarry Nannis

Vice Chair, MembershipPhyllis Shearer Jones

PresidentTodd McCracken

EditorMolly Brogan

Layout & DesignGreg Smith

Staff WritersMolly BroganJere Glover

Daniel R. JonesKyle W. KempfJody MilaneseJim MorrisonGreg Smith

HOW TO REACH USNational Small Business Association

1156 15th Street NW Suite 1100Washington, DC 20005Phone: (202) 293-8830Fax: (202) 872-8543Web: www. nsba.biz

Notification of address changes should be sent to the address listed above.

MISSION STATEMENTNSBA is a volunteer-led association. Our primary mission is to advocate federal policies that are beneficial to small business and promote the

growth of free enterprise

08 FEATURE ARTICLEWith President-Elect Barack Obama in the White House and signifi cant gains among Democrats in both the House and Senate many small-business owners want to know what is in store for the small-business community.

Understanding that the fi rst 100 days of a new administration and a new Congress is the most critical period for establishing a governing doctrine, NSBA is busy pushing the small-business agenda - an agenda that not only promotes small-business, but that will help the American economy recover.

CONTENTS06 RESOURCES

Are you not sure what to do now that the campaigning has subsided? Take it from NSBA, there is no better time than the present to get active and take action.

07 FROM THE HILLU.S. Senate Majority Leader Harry Reid talks to NSBA about the fi rst 100 days of the 111th Congress and what the small-business community can anticipate.

14 COUNCIL UPDATESNot sure what the Obama administration and the 111th Congress mean for your technology fi rm or exporting business? Find out from the experts exactly what you can expect.

15 ADVOCACY & EVENTSAs the nation’s oldest advocate for small business, we’re always working on behalf of you, the small-business owner. Take a moment to see some of our recent activity as well as ways you can get involved.

13 ON THE TRAILIn this issue we take a look at the winners and losers from this years election and offer an analysis of what it means for small business community.

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The Year in Review A Successful Year for the Voice of the Small-Business CommunityBy Marilyn Landis

NSBA LEADERSHIP CORNER

Photograph Provided by: Dynamic ConceptsPhotographed by: James Papariello Studio, Inc.

At the beginning of my term as NSBA Chair, one of my top priorities was to raise the profi le of small business issues. Now, as we look back over a

presidential election in which one of the stars was “Joe the plumber,” it’s clear that our message got out there. Yet, the hard work—making sure that the spotlight on small business during the elections translates into the inclusion and consideration of the small-business community in policy discussions—is ahead of us.

NSBA must continue to be a leader, not just in the small-business community but also in Congress on key issues of importance to entrepreneurs. In 2008 we led the charge on several key issues, including reauthorizing the Small

Business Innovation and Research Program, credit-card reform, estate tax reform, fair-lending practices, and broad health care reform. Our work on these key issues moved the ball forward, and I am confi dent that in the coming months and years we will continue to see our leadership on key small-business issues have a signifi cant impact on policy.

In addition to our leadership on key issues, NSBA—and each of us—must continue talking about small business and the issues that matter to us. In 2008, NSBA was a leader in providing lawmakers and the media with vital data on the small-business community. Through several widely-cited NSBA surveys and PR campaigns—including the Small Business: 70 Million Strong…And Voting campaign—we continued throughout the year to provide critical information about America’s small businesses. In addition to providing a greater understanding of small business, NSBA cemented our position as a highly-respected and thoughtful voice of the small-business community.

We fi nd ourselves, as an organization, with great opportunity ahead of us. Although it hasn’t always been popular, NSBA has remained a staunchly nonpartisan organization—addressing each issue on its merits, and not on whether a particular bill was introduced by a Republican or Democrat. Our ongoing commitment to working with lawmakers regardless of party affi liation surely will provide us with a unique opportunity to work with the new administration under President-elect

Barack Obama, as well as with new and returning members of Congress.

While we have clearly had a successful and meaningful year as an organization, as I said before—there is more to do. When the 111th Congress begins, and the 44th president is sworn in, NSBA must continue to push for inclusion of small-business needs in any broad-based economic discussions or policy. We must continue to work with Congress and the administration to ensure that their campaign promises to the small-business community turn into a long-term commitment to ensuring small-business issues are addressed at all levels of government.

Your voice, collectively with other NSBA members, is a key part in ensuring that the needs of small business are heard. One of the best ways your voice can be heard is through your participation at NSBA’s Biennial Small Business Congress. Held Feb. 12 through 14, 2009, the Small Business Congress provides all NSBA members with the opportunity to vote on the top priority issues for the upcoming session of Congress. NSBA is only as strong as its members, and your participation in this event is incredibly important.

As I look back over the past 12 months, I am proud of the work we’ve all done – together we made sure the voice of small business was heard. Now, we must make sure that voice continues to be loud, powerful and most importantly — heard.

~ Marilyn LandisNSBA Chair


FROM OUR AFFILIATES

et ready to make a New Years Resolution right now, a resolution that will go a long way and is easy to keep. That resolution is, “I will

communicate with at least one of my federal or state lawmakers - every week.” Having been courted by candidates for the highest offi ce in the land to the smallest offi ce in our local communities, small-business owners have a responsibility to hold their newly elected representatives responsible for delivering on the promises made on the campaign trails.

The only way to get action is to remain relevant and prominent with your elected representatives — to remind them of the promises they made to the small-business community during the campaign. The most effective way to get action is to communicate with your lawmakers regularly. It is crucial for you to communicate the small-business agenda to your elected offi cials on a frequent basis — once a week at a minimum, and more is even better.

The fi rst 100 days of 2009 will set the small business agenda for all of your elected lawmakers. By communicating with your federal and state lawmakers now, in the fi rst 100 days, you will make small business a higher priority throughout 2009. Without constant feedback and communication from their constituency, your elected offi cials enjoy a mandate to legislate as they see fi t, which does not always translate into pro small-business legislation.

What YOU do in the next 100 days is

critical to you and your small business in 2009 and beyond. Your elected lawmakers ARE your business partners. They take part of every dollar you earn, tell you what you must do and tell you what you can not do. YOU need to communicate with them and let them know what you need and what your position is on the proposals they are considering that will affect yoCu.

There are 26 million small-business owners in the U.S. and together you represent a HUGE political force, if you will just stand up and communicate with your lawmakers.

Your political potential is HUGE, you simply have not

made full use of it. You can, starting now, and it won’t cost you anything!

What is the small business message? It is pretty simple really:

Please make “main street” and small • business a top priority to any federal or state economic recovery plan. Small businesses have a long history of leading our nation out of economic challenges by creating jobs and this one will be no exception.For guidance on specifi c issues at the • federal level, such as taxes, health care,

and the Worker Free Choice Act, refer to the information on these issues provided by the NSBA.In your state, you will also be facing • many issues affecting your small business. You need to be a member of a state organization like IBA-Washington so you know what is going on and what message to communicate to your elected state lawmakers. If you would like more details about the challenges Washington State small businesses will face in 2009, go to www.ibaw.net/nsba. Like NSBA, the Independent Business

Association of Washington State will be working extremely hard for small businesses dealing with the current challenges. Those challenges are huge in Washington State, like they are in Washington D.C. and in every other state in our nation. YOU, NSBA, and your state small business organization are a team. We each must play a specifi c role to win. The NSBA and the IBA-Washington State will be lobbying hard, but we need you to communicate with your federal and state elected lawmakers over the next 100 days to maximize our effectiveness and “close the deal.” By communicating with your federal and state lawmakers, you will make things better for you and your small business in 2009 and beyond.

Gary Smith is the President and registered lobbyist for IBA-Washington State. For more information about IBA-Washington State, please visit our website at www.ibaw.net

The Next 100 Days:How You Can Make Things Better for Your Small Business

By Gary Smith, President, Independent Business Association of Washington State

It is crucial for you to communicate the small-business agenda to your elected offi cials on a frequent basis -- once a week at a minimum, and more is even better.

“

“

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The National Small Business Association (NSBA) is leading the fi ght for small-business owners all across

America. NSBA is dedicated to making sure that the issues facing small business are front and center! Whether you are a new advocate who has never contacted your elected offi cials or an outspoken activist who has been active on small- business issues for years, NSBA will help make your voice heard.

WHO CAN BE A SMALL-BUSINESS ADVOCATE? Anyone who cares about America’s small businesses!Small-business advocates play a key role in educating our communities and elected offi cials about why small businesses are essential to the economy and cultural identity of America. While NSBA is ably represented in Washington, the voices heard from around country make the difference in the success or failure of legislation. So show your political muscle and Take Action! After all, who

better to advocate to Congress about affordable health care, reducing the tax burden and opening up sources of capital to small businesses than those who are on the front lines?

H O W C A N Y O U G E T U P T O SPEED ON THE LATEST AND M O S T P R E S S I N G I S S U E S FA C I N G S M A L L B U S I N E S S ? Simple, visit NSBA’s Advocacy Center

on the web.Check out the Advocacy portion

of NSBA’s website (www.nsba.biz/advocacy) to track Federal legislation, learn about the latest issues facing the small-business

community, and view NSBA’s 2009-2010 Legislative Initiatives. Whether

it’s before the U.S. Congress, Federal Agencies, or the Administration, you can be sure NSBA is on top of it and with your help we can achieve our goals.

DO YOU HAVE FIVE MINUTES? That is all the time it will take to get active and become involved!Explore NSBA’s Action Alert Center to fi nd the tools you need to effectively take action on the issues you care

about, both with your elected offi cials and in your

commun i ty. Do time constraints p r e v e n t you from

visiting the Action Alert

Center on a regular basis? If so subscribe to Action Alert Network and get the latest news status of small-business issues in Congress and in the Agencies delivered directly to your inbox as they happen.

WHAT ARE YOU WAITING FOR? Become an active small-business advocate today.During the election, the small-business community — all 70 million members

— united to make the voice of small business

heard. Do not let that voice get

lost in a new Administration and a new session of

Congress. Get active and take

action today.

RESOURCES

GET ACTIVE, TAKE ACTIONThe Elections May be Over, but the Role of the Small Business Advocate is NotBy Gregory Smith

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FROM THE HILL

A PLAN THAT DELIVERSGetting America Back on Track to Economic RecoveryBy U.S. Senator Harry Reid

America’s small

businesses have long

been the nation’s

primary job-creating

engines. Unfortunately,

these engines are sputtering along

with our economy.

The housing crisis and fi nancial crisis

have had a serious impact on the small-

business community across the country. In

Nevada, for example, where foreclosures

are especially high, the housing downturn

has destroyed jobs in the construction

sector and others that depend on the

building trade. Not surprisingly, Nevada’s

unemployment rate rose in October to 7.6

percent, an increase of more than 2 percent

since this time last year.

This year Congress passed an

economic stimulus bill, sweeping

housing legislation and an

economic-rescue measure to

stabilize and ultimately grow the

economy. As gloomy economic

data continues to pour in, I am

all too aware that more must be

done.

Small businesses rely on

credit to fund their operations

and grow. The credit freeze

has choked off lending in some

cases or made it prohibitively

expensive in others.

I am especially concerned

about disruptions in the Small

Business Administration’s

lending programs, particularly

the 7(a) and 504 programs,

which are the largest source of

long-term, small-business fi nancing. Like

other markets, these programs rely on

functioning secondary markets that allow

primary lenders to sell their small-business-

loan portfolios to poolers who securitize

the loans for investors. But dramatic

increases in funding costs for investors

have driven away the secondary market,

leaving primary lenders with no capacity

to continue making loans. The Emergency

Economic Stabilization Act passed in

October was intended by Congress to

confront this issue by restoring liquidity

and stability to the fi nancial system, among

other things, but so far the authority given

to the Treasury Department has not been

exercised toward that end.

This combination of dried up credit,

job losses and dampened consumer

confi dence has been devastating for many

small businesses, and Congress will work

with the Obama Administration to help

get small businesses and our economy

back on track.

First, I intend to work with President-

elect Obama and his economic team to use

existing authorities, including the Troubled

Asset Relief Program administered by the

Treasury Department, to normalize the

credit markets on which SBA lending

programs depend. We must remain vigilant

in ensuring adequate capital, the lifeblood

for small businesses.

Second, I intend to help President-

elect Obama pass a signifi cant economic

stimulus bill that makes long-term

investments in our country and will lead

to long-term jobs. Immediate stimulus

through rebate checks can be appropriate

and boost consumer spending, but

investing in infrastructure that will position

the United States for long-term global

competitiveness will also create lasting

jobs for small businesses and should be the

centerpiece of this effort.

Third, I intend to work with the

president-elect and my colleagues on both

sides of the aisle to lower healthcare costs

for small businesses and to ensure that

their employees have quality, affordable

health coverage.

This election demonstrated that all

Americans, including small-business

owners, want solutions to the enormous

challenges facing our nation. I plan to

build on my record of bipartisan problem

solving and deliver the solutions the small

business community demands.


OUR COUNTRY FACES ITS MOST SERIOUS ECONOMIC CRISIS SINCE THE GREAT DEPRESSION. WORKING FAMILIES, WHO SAW THEIR INCOMES DECLINE BY $2,000 IN THE ECONOMIC “EXPANSION” FROM 2000 TO 2007, NOW FACE EVEN DEEPER INCOME LOSSES. RETIREMENT SAVINGS ACCOUNTS HAVE LOST $2 TRILLION. MARKETS HAVE FALLEN 40% IN LESS THAN A YEAR. MILLIONS OF HOMEOWNERS WHO PLAYED BY THE RULES CAN’T MEET THEIR MORTGAGE PAYMENTS AND FACE FORECLOSURE AS THE VALUE OF THEIR HOMES HAVE PLUMMETED. WITH CREDIT MARKETS NEARLY FROZEN, BUSINESSES LARGE AND SMALL CANNOT ACCESS THE CREDIT THEY NEED TO MEET PAYROLL AND CREATE JOBS.. BARACK OBAMA AND JOE BIDEN HAVE A PLAN TO REVITALIZE THE ECONOMY. 1. IMMEDIATE ACTION TO CREATE GOOD JOBS IN AMERICA2. IMMEDIATE RELIEF FOR STRUGGLING FAMILIES 3. DIRECT, IMMEDIATE ASSISTANCE FOR HOMEOWNERS, NOT A BAILOUT FOR IRRESPONSIBLE MORTGAGE LENDERS 4. A RAPID, AGGRESSIVE RESPONSE TO OUR FINANCIAL CRISIS, USING ALL THE TOOLS WE HAVE. 1. IMMEDIATE ACTION TO CREATE GOOD JOBS IN AMERICA. THE ECONOMY HAS LOST 760,000 JOBS THIS YEAR -- AND SOME FORECASTERS EXPECT THE UNEMPLOYMENT RATE TO EXCEED 8 PERCENT BY THE END OF NEXT YEAR. ADDRESSING THE FINANCIAL CRISIS WILL HELP PREVENT THE MOST SEVERE LOSS OF JOBS FROM THE CRISIS. BUT TAKING DIRECT STEPS TO CREATE JOBS WILL ALSO STRENGTHEN THE ECONOMY AND HELP WITH THE FINANCIAL CRISIS. BARACK OBAMA AND JOE BIDEN’S OVERALL ECONOMIC AGENDA IS PRO-JOBS, INCLUDING THEIR PLANS TO ELIMINATE AMERICA’S DEPENDENCE ON FOREIGN OIL AND BRING DOWN HEALTHCARE COSTS. BUT OBAMA AND BIDEN BELIEVE WE MUST TAKE ADDITIONAL AGGRESSIVE STEPS TO JUMP-START JOB CREATION RIGHT NOW: 2. IMMEDIATE RELIEF FOR STRUGGLING FAMILIES. EVEN WHEN THE OVERALL ECONOMY WAS GROWING, MOST AMERICAN FAMILIES WERE NOT SHARING IN THIS GROWTH. THE TYPICAL NON-ELDERLY HOUSEHOLD SAW ITS INCOME DECLINE BY MORE THAN $2,000 FROM 2000 TO 2007 AS EXPENSES SKYROCKETED. WEEKLY WAGES, ADJUSTED FOR INFLATION, ARE NOW LOWER THAN THEY WERE A DECADE AGO. BARACK OBAMA AND JOE BIDEN’S OVERALL ECONOMIC PLAN WILL RELIEVE THE SQUEEZE ON FAMILIES AND FOSTER BOTTOM-UP GROWTH. BUT THEY ARE PROPOSING THAT WE IMPLEMENT SEVERAL MEASURES IMMEDIATELY: 3. DIRECT, IMMEDIATE ASSISTANCE

Raise the small business investment expensing limit to $250,000 through the end of 2009: Obama and Biden will give small businesses an additional incentive to make investments and start creating jobs again by providing temporary business tax incentives through 2009. The February 2008 stimulus bill increased maximum Section 179 expenses to $250,000 but this expires in December 2008. This provision will encourage all firms to pursue investment

in the coming months, but will particularly benefit small firms which generally have smaller amounts of annual property purchases and so choose to expense the cost of their acquired property. Zero capital gains rate for investment in small businesses: Barack Obama and Joe Biden believe that we need to encourage investment in small businesses to help create jobs and turn our economy around. That’s why they will eliminate all capital gains

taxes on investments made in small and start-up businesses. They also want to cut taxes for the small businesses that create jobs but are struggling with restricted access to credit on top of skyrocketing health care and energy costs.. Make credit available to small businesses and state or local governments: Third, we should take immediate steps to support non-financial institutions including small businesses and states and municipalities. The

Federal Reserve and Treasury have acted to preserve the availability of liquidity for financial institutions and, more recently, have created a program to purchase commercial paper directly from the large corporate issuers. Small businesses and state and local government. Address the credit crisis facing our small businesses: To address the massive credit crunch that is threatening America’s small businesses, Barack Obama and Joe Biden are proposing two immediate steps: (1) a nationwide emergency lending facility for small businesses that could be run through the SBA’s Disaster Loan Program, which helped thousands of businesses in the wake of 9/11; and (2) temporarily eliminating fees on the SBA’s 7(a) and 504 loan guarantee programs for small businesses, to help increase private lending for small businesses. Provide tax relief for small businesses and start-up companies: Obama and Biden will eliminate all capital gains taxes on start-up and small businesses to encourage innovation and job creation.

Obama and Biden will also support small business owners by providing a $500 “Making Work Pay” tax credit to almost every worker in America. Self-employed small business owners pay both the employee and the employer side of the payroll tax, and this measure will reduce the burdens of this double taxation.. Create a national network of public-private business incubators: Obama and Biden will support entrepreneurship and spurjob growth by creating a national network of public-private business incubators. Business incubators facilitate the critical work of entrepreneurs in creating start-up companies. Obama and Biden will invest $250 million per year to increase the number and size of incubators in disadvantaged communities throughout the country. Raise the small business investment expensing limit to $250,000 through the end of 2009: Obama and Biden will give small businesses an additional incentive to make investments and start creating jobs again by providing temporary business tax

incentives through 2009. The February 2008 stimulus bill increased maximum Section 179 expenses to $250,000 but this expires in December 2008. This provision will encourage all firms to pursue investment in the coming months, but will particularly benefit small firms which generally have smaller amounts of annual property purchases and so choose to expense the cost of their acquired property. Zero capital gains rate for investment in small businesses: Barack Obama and Joe Biden believe that we need to encourage investment in small businesses to help create jobs and turn our economy around. That’s why they will eliminate all capital gains taxes on investments made in small and start-up businesses. They also want to cut taxes for the small businesses that create jobs but are struggling with restricted access to credit on top of skyrocketing health care and energy costs.. Make credit available to small businesses and state or local governments: Third, we should take immediate steps

to support non-financial institutions including small businesses and states and municipalities. The Federal Reserve and Treasury have acted topreserve the availability of liquidity for financial institutions and, more recently, have created a program to purchase commercial paper directly fromthe large corporate issuers. Small businesses and state and local governm.ent. Address the credit crisis facing our small businesses: To addressthe massive credit crunch that is threatening America’s small businesses, Barack Obama and Joe Biden are proposing two immediate steps: (1) anationwide emergency lending facility for small businesses that could be run through the SBA’s Disaster Loan Program, which helped thousands ofbusinesses in the wake of 9/11; and (2) temporarily eliminating fees on the SBA’s 7(a) and 504 loan guarantee programs for small businesses, tohelp increase private lending for small businesses. Provide tax relief for small businesses and start-up companies: Obama and Biden will eliminate all

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o m s a f o l

FEATURE ARTICLE

THE FIRST

With President-Elect Barack Obama in the White House and signifi cant gains among Democrats in both the House and Senate many small-business owners want to know what is in store for the small-business community. Understanding that the fi rst 100 days of a new administration and a new Congress is the most critical period for establishing a governing doctrine, NSBA is busy pushing the small business agenda. An agenda that not only promotes small-business, but an agenda that will help the American economy recover.

110000DAYS

The U.S. is set to see signifi cant

change as a solid victory for

Barack Obama, along with the

signifi cant gains in the House

and Senate among Democrats,

overhauls the power structure

in Washington. President-Elect

Obama will face substantial

challenges during his fi rst term:

a faltering economy, broken health care system, and energy

independence. However, his success in addressing and

overcoming these challenge hinges on how he handles the

small-business community.

While Obama has talked about needing to measure his

accomplishments over the fi rst 1,000 days, rather than the fi rst

100—typically seen as a key measure of a new administration--

there are actions that can be taken in the fi rst 100 days to

immediately achieve real and signifi cant change. In fact, the

fi rst 100 days are even more crucial now, given the lagging

economy and somewhat dismal outlook many Americans have.

There are a number of actions — ones that stand to signifi cantly

and positively affect the small-business community — that

can be enacted during this crucial time frame. Some of these

actions literally can be achieved on day one with the stroke

of a pen, while others will demand coalition building and a

cooperative strategy to reach across the aisle to develop pro

small-business legislation. Given the state of infl ux with the

Senate Democrats who currently hold 58 seats — just shy of

a fi libuster-proof majority of 60—with two seats up for grabs

in Minnesota and Georgia, Democrats appear to be embracing

the need to work with Republicans.

As a staunchly nonpartisan organization, NSBA urges

cooperation among lawmakers of all persuasions and has

created a list of key issues on which the small-business

community urges prompt action during the fi rst 100 days of

the Obama Administration and 111th Congress.

by Greg Smith


FEATURE ARTICLE

The No. 1 concern for voters this

past election — by far — was

the economic crisis: Sixty-three

percent of those who responded to exit

polls ranked the economy as their biggest

concern. That compares with 18 percent

who saw the economy as the largest

problem in 2004. Historically, when the

economy goes into the tank in a presidential

election year it is almost impossible for

the party in power to retain control of the

White House, and this election proved

no different. Since the economy was the

driving force behind the electorate’s vote,

President Obama and Congress must now

offer real solutions that address the deep

reaching economic crisis. As America’s

traditional engine of economic growth — having created 93.5 percent of all net new

jobs since 1989 — small business must be

the cornerstone of any economic policy

crafted by the Obama Administration and

111th Congress. During the fi rst 100 days

the following actions can be taken to help

strengthen the failing U.S. economy.

Another issue facing America’s

small businesses — and falling

in the top fi ve issues that the

electorate based its vote upon — is the

nation’s pending energy crisis. Given that

small business consumes a signifi cant

portion of the nations energy — nearly

half of all of the electricity and natural

gas used for commercial and industrial

purposes - it is imperative that America’s

small businesses be comprehensively

involved in the effort to solve the nation’s

energy crisis. That is why in the fi rst 100

days there are simple but long-lasting

actions that can be taken to address the

problem, while reducing environmental

and regulatory burdens.

Economic Development Issues

Address the small business credit crunch.1. While long-term issues

surrounding small business access to credit need to be addressed, it is crucial

that near-term strategies and contingencies be put in place to deal with the effects

of current market conditions on small business lending.

Reform credit card practices.2. . Legislation should be passed to end unfair credit card

practices, such as retroactive rate increases and universal default. While care must be

given to ensure that credit cards remain a vibrant source of small business liquidity, a

more fair and transparent system should be created.

Strengthen the role and budget of the Small Business Administration (SBA). 3.

Eliminate fees on loan programs and elevate Administrator to cabinet. Also, evaluate,

strengthen and expand the potential role of an agency dedicated to small business.

Reauthorize a strengthened Small Business Innovative Research (SBIR) program. 4.

Though on temporary extension until March 2009, the main authorization for the SBIR

program expired earlier this year. Long recognized as one of the most successful and

innovative of government programs, SBIR directs a percentage of federal research

dollars to small companies. The program should receive a long-term re-authorization

that excludes large company participation and maintains a signifi cant number of

awards.

Issue a strong Executive Order creating a more fair and signifi cant role for small 5.

businesses in federal procurement. Although small businesses constitute half of the

U.S. economy, the federal government continues to fail to meet its own 23-percent

small-business contracting goal. Increase the share of federal contracts awarded to

small businesses, eliminate fraud, ensure accurate and reliable data, reduce contract

bundling, improve authority and oversight over contracting dollars, and provide

appropriate treatment of subcontractors.

Institute a process to examine accumulated regulatory burden on small businesses,1. not just the incremental burden of each new regulation. Avoid the simultaneous creation of new regulatory burdens from different federal agencies. New regulatory burdens early in a new Administration—even if each is not signifi cantly burdensome—could accumulate to a signifi cant economic drag.Maintain a balanced regulatory process with a key role for the SBA Offi ce of 2. Advocacy. A strong and independent role for the Offi ce of Advocacy—particularly within the administration—is critical to ensuring well-crafted regulations that effi ciently achieve their goals without unnecessary burdens on small businesses.Signifi cantly increase the share of the Energy Star budget dedicated to Energy Star 3. Small Business. While small business constitutes half of the U.S. economy and a similar share of our national energy consumption, an extremely small share of the EPA Energy Star budget is dedicated to reaching these small companies.Consider the central role small fi rms plays in job and innovation creation and the 4. unique needs of the small-business community in any “green jobs” initiative. Assisting the small business that are seeking increased energy effi ciency or energy independence, through the use of renewable energy sources, should be a priority, as should aiding the small fi rms inventing the “green” technologies of tomorrow.

Energy, Environmental, and Regulatory Issues

* * *


FEATURE ARTICLE

With a great deal of back-and-forth on the tax proposals of presidential

hopeful John McCain and President-elect Barack Obama, there still remains a great deal of confusion as to how small business will be impacted by new tax proposals from the incoming administration. When people were asked whether taxes would rise if Obama was elected, 71 percent said yes. But 61 percent of the same sample believed that McCain would raise taxes as well.

The most talked-about tax change of the election was Obama’s proposal to repeal a portion of the Bush tax cuts for families earning more than $250,000 annually. While this particular proposal focused on individual income tax, the prevalence of pass-through entities in the small-business community—those businesses for which profi ts are taxed as the owner(s) individual income—made it a signifi cant small-business issue. While the jury is still out on Obama’s ultimate tax proposals, there are other eminent tax policies presently in place that harm the livelihood of the small-business community. These tax policies are not just burdensome and far reaching, but they are further exacerbating the road to economic recovery. NSBA offers the following tax policy issues that should be addressed by the Obama Administration and 111th Congress during the fi rst 100 days to help foster entrepreneurship and the growth of small business.

Tax Policy

Avoid burdening the small-business community with ill-considered 1. attempts to close the “tax gap.” A number of steps were recommended by the

Bush Administration to close the tax gap, but many of these impose signifi cant

administrative, reporting, and tax collection burdens on small companies, in order

to collect taxes from other bad actors—despite a real debate about the effi cacy

of these approaches. While it is tempting to “score” these steps as easy revenue

raisers in a diffi cult fi scal environment, many of these recommendations may

impose big IRS burdens on small businesses without a commensurate increase

in federal tax revenues. Repeal the recently adopted reporting requirement on

credit card receipts.

End the Self-Employment tax on health insurance.2. Small business owners

are the only members of society whose employer-provided health insurance is

subject to FICA taxes. Since the self-employed pay both halves of this tax (the

so-called self-employment tax), it makes for a 15.3% tax on employer-provided

health benefi ts that no one else must pay. Ending this tax not only would end a

signifi cant inequity, it would also greatly reduce the cost of health insurance for

many self-employed Americans.

Permanently reform the estate tax by instituting a signifi cant exemption 3. indexed for infl ation. The estate tax regime will revert to its 2001 state if

no action is taken by this Congress. Small businesses need a permanent and

predictable system that is not eroded by infl ation.

Equalize top marginal tax rates for corporate and pass-through entities.4. Higher marginal tax rates for Pass-through entities will put successful small

businesses at a competitive disadvantage to larger businesses. Any increase in

individual marginal tax rates should exclude increasing the marginal tax rates

on the trade or business income from pass-through entities. Small business

should not pay higher taxes than larger businesses.

* * *Official Ballot 1/ 4

By the Numbers

Very Significant 63%

Somewhat Significant 22%

Not Significant 10%

Unsure 5%

HOW SIGNIFICANT OF A FACTOR WAS SMALL BUSINESS IN CASTING YOUR VOTE IN THE 2008 ELECTION?


FEATURE ARTICLE

The trend in spiraling health

care cost, coupled with current

economic trouble, weighed

heavily on small-business owners and

voters alike. Ranked as the third most

infl uential factor in deciding who to vote

for — according to an exit poll conducted

by Pew Center for the People and the

Press — the current health care system is

clearly broken. Even more disconcerting

is the disproportionate burden placed

on small businesses who offer health

insurance in comparison to larger fi rms.

That is why it is imperative that the

Obama Administration and Congress act

swiftly and prudently during the fi rst 100

days to address the current state of the

health care system. NSBA has identifi ed

ways in which the health care system,

along with other workforce issues, can

be addressed to provide much needed

relief to America’s small businesses.

Move toward a health care system that reduces costs, improves quality, and 1.

covers all as expeditiously as the fi scal climate will allow. While there are a

number of individual reforms that can improve the functioning of the health care

system and keep costs in check, many of the most important reforms can only

happen in the context of universal coverage and comprehensive reform.

Consider the unique needs of small companies before imposing signifi cant 2.

new compensation costs on small companies during a declining economy,

such as new mandatory leave requirements and new pay equity regulations

that could increase the incidence of frivolous lawsuits. The negative effects of

detailed workforce regulations increase dramatically as the size of the business

declines, as basic logistics create enormous burdens.

Avoid new immigration enforcement rules that unfairly place the burden 3.

of enforcement on the small-business community. Small businesses want to

do everything they can to obey the laws, but becoming the front-line enforcer of

the laws (such as immigration) is more than many can handle. Also, mandatory

use of the E-verify program poses grave concerns, at least until it has been fully

proven and vetted.

Oppose the Employee Free Choice Act,4. which could fundamentally alter

the nature of the small business-employee relationship. It is not yet clear how

such a change in the law would affect small businesses and their employees.

Action should at least be deferred until the many small business questions about

this legislation can be answered. Such a new law could create signifi cant new

division at a time national unity should be a higher priority.

Health Care and Workforce Issues

* * *

While President-elect Obama

has undoubtedly received

myriad recommendations

on how to proceed during his fi rst

100 days, NSBA urges his thoughtful

consideration of the state of the U.S.

economy and the important role small

business will play in the recovery process.

Furthermore, the broad implications of

any piece of legislation on the small-

business community should remain a

constant consideration—not only for the

fi rst 100 days.

Official Ballot 1/ 42/4

By the Numbers

DO YOU THINK THE PRESIDENTIAL CANDIDATES ARE TALKING ENOUGH ABOUT SMALL BUSINESS?

YES 17%NO 83%


Tallying the Score:A Look at this Season’s Winners and LosersBy Molly Brogan

ON THE TRAIL

O=n the face of it, this elections winners s eems obv ious : B a r a c k O b a m a , c o n g r e s s i o n a l Democrats, and

the Democratic Party. Yet the ultimate verdict on the victors will come not from a single night of election returns but from the actions the winners take to remedy the nation’s economic ills and myriad other issues weighing heavily on the minds of Americans, including small-business owners.

While it appears unlikely that Democrats will secure the fi libuster-proof 60 voter majority they were seeking in the Senate – fi nal tallies will not be known until after Georgia’s Dec. 2 runoff between incumbent Republican Saxby Chambliss and his Democratic challenger, Jim Martin, a former state representative – it is clear that both chambers of Congress have an overwhelming majority of Democrats holding seats. As a result, new leadership and key appointments to committees will be forthcoming in the months ahead, particularly for the House and Senate Committees on Small Business.

HOUSE SMALL BUSINESS COMMITTEE

Rep. Steve Chabot (R-Ohio) has withstood several tough challenges over the years in his conservative, urban

district, but state Rep. Steve Driehaus (D) proved too much for the seven-term Congressman. Not only did Chabot’s loss put another check in the victory column for Democrats but it also means that the House Small Business Committee will say goodbye to its current ranking member.

The status of House Committee Chair Nydia Velazquez (D – N.Y.) still remains to be seen. Speculation continues to mount that the Congresswoman could relinquish her post to assume chairmanship of a prominent subcommittee or even ascend to a Cabinet member in the Obama Administration specifi cally as the head of the U.S. Small Business Administration.

SENATE SMALL BUSINESS COMMITTEE

Sen. John Kerry (D-Mass.), the chair of the Senate Committee on Small Business and Entrepreneurship, seems

poised to claim the gavel of the Foreign Relations C o m m i t t e e as a result of Joe Biden’s s i m u l t a n e o u s victories in both the Presidential and Senatorial races. This most

likely would result in the accession of Sen. Mary Landrieu (D-La.) to head the Senate’s Small Business Committee.

The future of the Senate’s Small Business Committee Ranking Member Olympia Snowe (R-Maine) still remains unknown. Snowe is poised to relinquish her post in pursuit of ascending to chairmanship on a more prominent subcommittee.

Although Election Day has come and gone and a new President-elect readies for the White House, the future of Congress—along with small business interests – remains undetermined. A number of U.S. House races, separated by a small margin of votes, are still being counted, and two critical U.S. Senate races have yet to be decided: Minnesota and Georgia. All that remains certain is that the true winners and losers of the 2008 election will only be known once policies are crafted and how those policies effectively consider small business issues.

“Yet the ultimate verdict on the victors will come not from a single night of election returns but from the actions the winners take to remedy the nation’s economic ills and myriad other issues”

1

2

Winners & Losers

President-Elect Barack Obama & 1. Senator John Kerry (D-Mass)State Representative Jim Martin (D - Ga.) 2. Senator Saxby Chambliss (R - Ga.)3.


The outlook for small business exporting over the next few years is mixed, but marked by some important opportunities. In the area of export fi nancing, so important to maintaining the fl ow of U.S. exports, both the SBA and the Export-Import Bank – the federal agencies that

guarantee commercial bank lending for exports – are considering sharp increases in direct lending by the government. Commercial banks may be used as intermediaries for this government lending. Because the export fi nancing situation has global implications, several major international organizations, like the Organization for Economic Cooperation and Development (OECD) and the World Trade Organization (WTO), are now involved in seeking global solutions. Here at home, Congress seems likely to require banks that accept government aid to strengthen their own lending, including their export lending.

Export fi nancing is not the only area where upgrades are likely. A more robust approach to export promotion by the federal government also seems to be forthcoming. Compared to its key competitors, the U.S. is a laggard in most measures of export-promotion activities. Now several major business groups, including SBEA, are urging Congress and the new Administration to do more – especially for small-business exporters. A more aggressive export push could pay big dividends in high-paying jobs at home and a lower trade defi cit — which would reduce the need for the U.S. government to borrow overseas.

The fate of several trade agreements negotiated by the Bush Administration – with Colombia, Panama and South Korea – is uncertain in the new Congress. But if the worldwide agreement to stimulate trade, known as the Doha Development Round, comes to fruition next year and includes key benefi ts for the U.S., then Congress and the Obama Administration may well support it, partly as a way to demonstrate U.S. commitment to working closely with other nations.

It is no secret that the Small Business Innovation and Research (SBIR) program is a success, but unfortunately its reauthorization is never a sure bet. That is particularly true now with many interests vying for limited Federal budget dollars, not to mention that SBIR continues to have its adversaries who, for various

reasons, oppose the program. SBIR Reauthorization had a particularly troublesome and rocky road

in the 110th Congress and to date the reauthorization legislation has not been approved. The Small Business Technology Council (SBTC) worked feverishly this past Congress to maintain integrity in the SBIR Program and to keep small business intact, while special interest groups, such as Venture Capitalists, lobbied Congress and blitzkrieged the media to get a part of the SBIR pie.

With the 110th Congress currently in a lame duck session and Senator Coburn obstructing progress on S. 3362, it is all but guaranteed that nothing

will get done on SBIR reauthorization until the 111th Congress. However, with a new Congress comes a renewed chance to start over from scratch in drafting SBIR Reauthorization legislation.

The most pressing issue we face now is that SBIR expires on March 20th, 2009. It would be very optimistic to think that a new SBIR reauthorization bill will get to the President’s desk before March 20th, 2009, so there will likely need to be another extension. With a new President comes a new agenda, and that added to the current economic crisis means that the new Congress will have a full plate when it comes to town. There will be plenty of freshmen Congressional members, along with new members on the Small Business committee, who will need to be educated about the SBIR program. Given that this issue is not likely to be a top priority for many members of Congress it is important, now more than ever, that all SBTC members become active in reauthorization efforts. A simple way to get involved is to take part in the monthly SBTC Membership Call – details can be found on the SBTC website www.sbtc.org.

COUNCIL UPDATES

Out with the Old In With the NewSBIR Reauthorization Gets a Fresh Start with the 111th Congressby Jere Glover

On the HorizonPositive Developments for Exporters Appear Likely by Jim Morrison


ADVOCACY & EVENTS

October 22, 2008 NSBA staff met with representatives from AARP

to discuss retirement-savings

legislation.

October 14, 2008

NSBA staff presented a

Vocus online seminar

entitled “Use PR to

Grow your Small

Business”

November 7, 2008

NSBA staff attended a Center for Plain Language symposium.

October 23, 2008

NSBA staff a

ttended the

farewell reception for SB

A

Chief Counsel fo

r Advocacy

Tom Sullivan and presented

him with 2008 Small Business

Star Award.

October 31, 2008

NSBA staff met with offi cials from the U.S. Federal Reserve Board to discuss their proposed credit-card reform rule.

December -February Register for Small Business Congress in Sunny Ft. Lauderdale,

FL!!

November 18, 2008Small Business IRS Forum

Staff attends meeting

with the IRS to gain

the latest information

pertaining to small

businesses.

1156 15th Street NWWashington, DC 20005nsba.biz

Small Business CongressU n l o c k i n g t h e P u z z l e2

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Join NSBA for one of this year’s most important small business conferences – the 2009 Small Business Congress and Economic Summit – a NSBA event that should top the calendars of small-business owners this year.

Following in a long tradition of NSBA small-business congresses, this year’s small business congress will bring small-business owners together with Washington decision-makers, policy experts, and prominent leaders within the small-business community.

The event will kick off with an Economic Summit focusing on the multi-faceted role of small business in the U.S. economy. The summit provides a forum for discussion and deliberation about the crucial role of small business to the U.S. economy and obstacles facing the small-business community in continuing to fulfi ll that role.

The 2009 Small Business Congress is also a time when NSBA brings together its members to discuss pertinent issues for small business and vote on the top priority issues for the upcoming session of Congress.

This select group of small-business owners signifi cantly infl uences how policy makers address small-business issues throughout the Congressional Calendar — issues that directly impact small business all year round. You will not want to miss your chance to hear key speakers, network with government offi cials and one another, and set legislative priorities for the 111th Congress.

nsba advocate

Documents

smallbusiness agenda

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smallbusiness owners

mutual of omaha plaza

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nsbamlc33821health insurance

mutual of omahagreat