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Hoe (9-S) cAo-,rcin- 7-LAt-,e i9Io https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Collection: Paul A. Volcker Papers Call Number: MC279 Box 9 Preferred Citation: White House Correspondence, No. 29-59, 1980 March-June; Paul A. Volcker Papers, Box 9; Public Policy Papers, Department of Rare Books and Special Collections, Princeton University Library Find it online: http://findingaids.princeton.edu/collections/MC279/c289 and https://fraser.stlouisfed.org/archival/5297 The digitization ofthis collection was made possible by the Federal Reserve Bank of St. Louis. From the collections of the Seeley G. Mudd Manuscript Library, Princeton, NJ These documents can only be used for educational and research purposes ("fair use") as per United States copyright law. By accessing this file, all users agree that their use falls within fair use as defined by the copyright law of the United States. They further agree to request permission of the Princeton University Library (and pay any fees, if applicable) if they plan to publish, broadcast, or otherwise disseminate this material. This includes all forms of electronic distribution. Copyright The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other reproduction is not to be "used for any purpose other than private study, scholarship or research." If a user makes a request for, or later uses, a photocopy or other reproduction for purposes not permitted as fair use under the copyright law of the United States, that user may be liable for copyright infringement. Policy on Digitized Collections Digitized collections are made accessible for research purposes. Princeton University has indicated what it knows about the copyrights and rights of privacy, publicity or trademark in its finding aids. However, due to the nature of archival collections, it is not always possible to identify this information. Princeton University is eager to hear from any rights owners, so that it may provide accurate information. When a rights issue needs to be addressed, upon request Princeton University will remove the material from public view while it reviews the claim. Inquiries about this material can be directed to: Seeley G. Mudd Manuscript Library 65 Olden Street Princeton, NJ 08540 609-258-6345 609-258-3385 (fax) mudda,princeton.edu https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COMPTROLLER GENERAL. OF THE UNITED STATES WASHINGTON. D.C. 20548 r" 15' B- 167710 June 12,1980 HEADS OF DEPARTMENTS AND AGENCIES: a d)//"CI SUBJECT: AUDIT OF UNVOUCHERED EXPENDITURES This is to advise you of the impact of recent legislation on your agency. The General Accounting Office Act of 1980, signed into law by The President on April 3, 1980, makes various amendments to the law regarding the General Accounting Office's operations. One of the provisions of this act specifically assigns to the General Accounting Office responsibility and authority for examining unvouchered accounts used by Federal' agencies. Unvouchered accounts are those from which expenditures are normally accounted for solely on the approval, authorization, or certificate of an official of an executive agency. The purpose of the examinations will be to determine whether expenditures from such accounts are for authorized purposes. The law allows The President to exempt certain expenditures from the examinations. Those activities which believe that some of their expenditures qualify for the exemption should now take steps necessary to obtain them in order to minimize questions raised during the course of our examinations. Accordingly, you should take appropriate actions to insure that your organization maintains adequate records and accounts for its unvouchered expenditures. In general, we would expect agencies to keep records over these accounts similar to those maintained over regular financial transactions and accounts. We recognize that there may be unusual requirements for confidentiality over certain transactions and that special accounting procedures may have to be developed to maintain confidentiality. We would be pleased to work with agencies in developing such procedures. If this type of assistance is required, it should be requested now to prevent delays later. Such requests should be directed to D. L. Scantlebury, Director, Division of Financial and General Management Studies. You may be sure that the General Accounting Office is aware of the sensitive nature of such funds. In this regard, your attention is invited to the fact that the General Accounting Office Act of 1980 specifically prohibits the General Accounting Office from disclosing information obtained during the course of such examination except under circumstances specified in the law. Our personnel conducting the examinations will, of course, have the appropriate level of security clearance. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 4„ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis In the event accounts from your agency are selected for audit, the General Accounting Office will formally notify you in advance so that appropriate and convenient arrangements can be made with a minimum of disruption to your staff's work schedule . e:.44 :0 ; /44E414 Comptroller General of the United States 2 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 . ,, ,•• JUN 25 1980 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Controlling Year-End Buying As we enter the last quarter of fiscal year 1980, I ask continue to use public funds wisely by avoiding unne you to make sure that we cessary year-end buying. I cannot overemphasize that prevention of unneed ed or unwise Federal Government spending is an essential part of our efforts to control inflation. Public funds will be used only for necessary program purposes , and will not be obligated solely to Commit funds before they lapse. Good procur ement practice used to insure that fair and reasonable prices are paid by the Govern ment will not be disregarded in an effort to obligate funds quickly. Please issue instructions to your contract and pro gram offices assuring that: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Obligations for the fourth quarter of the fiscal year are no higher than for the third quarter, except where seasonal requireme nts, essential program objectives, or procurement lead-times justify a higher level, or where more money is needed to restore program slippage s to approved levels; Purchases are not made to avoid what otherw ise would be an outlay shortfall; -- Grants are subjected to rigorous review and are not made just to keep funds from lapsing; and Orders for services, supplies, materials, and equ ipment are not more than are needed to meet approved program objectives. (I) The instructions will require that the following be clos ely controlled and the need reevaluated and clearly justified: o Procurement of additional hours of service or items of supply or equipment that were not in the original procureme nt request with funds that would otherwise lapse. o Purchase of additional items or services not containe d in the original procurement request or contractor proposal , with funds negotiated out of contractor's proposals or thos e available because estimated funding needs were in excess of the funds actually required. sso https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2 o Exercising of options, orders against basic ordering agreements or requirements-type contracts, or the funding of the later years of a multi-year contract. o Adding funds to Government Owned Contractor Operated, Federal Contract Research Center, Federal Funded Research and Development Center and other such ongoing contract types. (2) Funds obligated to cover unpriced items, such as spare parts or data will not be in excess of the current best estimate of need for those items. In addition, those in excess of the original procurement request must be clearly justified. (3) Funds will not be obligated for requirements-type or task contracts in excess of anticipated needs based on projections of prior use. (4) Letter contracts should be closely monitored. Funds will not be obligated for letter contracts in excess of that allowed by regulations, nor will letter contracts be used as a vehicle to obligate funds that would otherwise lapse. (5) When contracts are modified or change orders issued to increase level of effort or procure additional tasks, items or services, the additional requirements must be validated. The subcontracting of substantial parts of such modifications, change orders or tasks may indicate contracts are being used as vehicles to avoid competition. (6) The procurement of consultant services and modifications of current consultant contracts will be reviewed for compliance with OMB Circular No. A-120, April 14, 1980. office (7) Purchases or orders for administrative supplies or services, such as furniture, supplies, or renovation will not he approved unless planned in advance or needed to meet an emergency. such as the (8) Purchases by or orders from central procurement offices, off General Services Administration and the Defense Logistics Agency, or utilization the Federal Supply Schedule will not be in excess of current factors and optimal inventory levels. just to come within small purchase (9) Procurements will not be divided t of procedures. However, this will not be construed to prohibit breakou items for small or minority procurements. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 3 Good procurement prac tice and accountability re quires that: 1. A cost or price analys is be made for all contra cts. 2. All non-competit ive proposals be audite d or audit informatio obtained, unless reasonab n be leness of price can be established clearly by _ other means. 3. 4. Negotiation, where applic able, will be conducte d prior to contract award -- certification of current cost or pricin g data will not be used as a substitute for pre-a ward price negotiation. "Unsolicited" proposals must be unsolicited and will not be accepted unless truly unique or in novative and award wil l not be made sole source if other sources are available. Each agency will issue instructions that requir e a close review of en purchases by responsibl d-of-year e reviewing authoritie s. management, and the Inspector General, audi general counsel's staff t, should ensure that endpurchases are not made me of-year rely to obligate funds before they lapse. The re should also ensure that view awards are necessary an d conducted in accordan good procurement practice ce with , and that contract pric es are reasonable. Within 30 days the head of each department and establishment will report Office of Federal Procur to the ement Policy action take n to implement the provis this memorandum. The ions of procedures for the review of end-of-year purchase also be included. s should Those responsible for re view of procurement and grant actions (e.g., contra officers, program office ctincy, rs, legal counsel, auditors and Inspector General pers should consider instance onnel, s of noncompliance with this memorandum to be indication of waste. an I count on your full coop eration and personal atte ntion in implementing th memorandum to save the is taxpayers as much money as possible and to support President's fiscal objectives the . •ft.1 es T. McIntyre, Jr. irector ' ' 1 1MM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Le.e-c07%0,tez4 a-lifi Ar4 ? \ft7tel ,w i*e6&e- 71aA j6e/1,e__ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis o-eve,J62°"-#`•e' (-a 747• THE WHITE HOUSE , WASHINGTON June 24, 1980 .57 OP Dear Mr. Volcker: On June 9, President Carter and I released the final Federal consumer programs developed under Executive Order 12160 before a standing room only audience at the White House. A copy of the final programs is enclosed. I am sorry you could not be with us on the 9th, but I think you will agree that the final consumer programs represent a major commitment to America's consumers by the Federal government. I look forward to working with you as we make the promise of these programs a reality. 00 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Thank you for your support. S' rely, ..••••• sther e e son Sp cial Assistant to the President for Consumer Affairs The Honorable Paul A. Volcker Chairman Board of Governors of the Federal Reserve System 20th Street & Constitution Avenue, N.W. Washington, D.C. 20551 Enclosure .. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 07,,A csy, EXECUTIVE OFFICE OF THE PRESIDENT z OFFICE OF MANAGEMENT AND BUDGET 9 449,tne ' :35 " c, WASH I NGTON • D.C. 20503 JUN 5 1980 MEMORANDUM FOR HEADS OF EXECUTI FROM : SUBJECT: DEPARTMENTS AND AGENCIES J ames T. McIntyre, Jr. Director Executive Order 12160 On September 26 of last year, President Carter issued Executive Order 12160 to strengthen Federal consumer programs. I am writing to emphasize that, notwithstanding the recent round of budget reductions, the President remains firmly committed to the effective implementation of this Order. Agencies should work within current budget ceilings for FY 1980 and 1981, to ensure that sufficient resources are devoted to consumer affairs activities to carry out the President's directive. Beginning with the FY 1982 budget cycle, each agency will I- required, under Section 1-6 of the Executive Order, to include a separate consumer program budget exhibit in its annual budget submission to OMB. Instructions regardino the preparation of this exhibit will be incorporated into Circular No. A-11 to be issued shortly. FOR YOUR INFORMATION ONLY TH E WHITE HOUSE 1 wA S H I N GTO N June 24, 1980 se/ Dear Mr. Volcker: On June 9, President Carter and I released the final Federal consumer programs developed under Executive Order 12160 before a standing room only audience at the White House. A copy of the final programs is enclosed. I am sorry you could not be with us on the 9th, but I think you will agree that the final consumer programs represent a major commitment to America's consumers by the Federal government. I look forward to working with you as we make the promise of these programs a reality. ae https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Thank you for your support. sther e e son Sp cial Assistant to the President for Consumer Affairs The Honorable Paul A. Volcker Chairman Board of Governors of the Federal Reserve System 20th Street & Constitution Avenue, N.W. Washington, D.C. 20551 Enclosure • ..... ••,,,•0 • 1' "4-41 • • co i;itzt• ••0 fluk, ..... • . 0• • .1 1 II1 N.;411' • g• "• June 17, 1980 fit4L KES • - 141 0 • kitlegmassimgmbilealimaii Frederick H. Schultz , - * Mr. Garwood: Would you please respond to this for Governor Schultz's signature. Imemeseregnatemaimmemeiewiesigamminsic Ann •AA. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis --m..1:56e9steepossesavietwe.Ner.itoteinee • 4h THE WHITE ii:i.iiii 0 WASHINGTON June 13, 1980 ore' To Chairman Paul Volcker Two years ago, I issued Executive Order 12044, "Improving Government Regulations". This Order directed executive regulatory agencies to find ways to achieve their goals with reduced burden on the private sector. The agencies have developed several new regulatory alternatives that provide flexibility and decentralized decisionmaking. Last year, I asked the Regulatory Council to study these ideas and develop a blueprint for applying them more widely. • The Council's survey of agency experience found eight techniques that show real promise: •marketable rights; • economic incentives; • I erformance-based standards; -oriented compliance measures; •market •reduction of barriers to competition; •information disclosure; luntary standard setting; and •vS adjustment of standards to distinguish among categories ofI'i regulated entities ("tiering"). These techniques are not always appropriate. In some cases, only the traditional approach of rigid, detailed "commandand-control" regulation adequately protects public health and safety. Often, however, alternatives that allow flexibility or use market forces can make regulation more costeffective. Such approaches can cut cost and red tape without sacrcing legitimate regulatory goals. They can also promote innovation, putting private ingenuity to work finding better long-term solutions to regulatory problems. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 41. e , AG c , .1. • i -) • 2 Each of these alternatives is being used by several agenc ies and is producing substantial benefits. They are described in greater detail, with specific examples, in the attac hed summary report by the Council. I am asking all agencies with regulatory responsibility to review their programs and find areas where these alter natives can be applied. In addition, I am asking each agency to expedite the development and implementation of flexible alternatives now under consideration. The Regulatory Council will report to me on government-wide progress in this area on October 1, 1980. Council Chair man Douglas Castle and his staff will work with individual agencies to apply successful alternatives to new regulatory areas. Please designate a contact person for this program and tell the Council who it is. I know I can count on your personal involvement and suppo rt to expand the use of these alternative approaches to regulation. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Sincerely, 4 • 4 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis REGULATORY ALTERNATIVES U. S. Regulatory Council May 1980 U.S. REGULATGRY COUNCIL Washinoon, D.C. 20503 CHAIRMAN MAY 30 1980 MEMORANDUM FOR THE PRESIDENT As you requested, the Council has exa mined agency experiences with innovative regula tory techniques that depart from the rigid "command-and -control" style that dominates most Federal regulatory pro grams. We have defined eight types of innovative techniques. Most of them rely in part on market forces to meet regulatory goals. The attached report provides a brief introduction to these types and provides examples of each. .The examples are drawn from the Council's Regulatory Reform Highlights: An Inventory of Initiatives, 1978-1980 . The Council's Innovative Techniques Project will be working with agencies to adapt these techniques to their programs when feasible. Dou las Costle Peter J. Petkas Attachment https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis INTRODUCTION Regulatory alternatives are market-oriented tech niques to replace or supplement the "command -and-control" form of regulation. Command-and-control, the traditional approach used by most regulatory programs, entails (1) deta iled specification of actions the regulated entity must foll ow; ' and (2) formal enforcement proceedings against thos e who do not comply. The regulated entity's incentive is simp le, if unsophisticated -- it must comply with the letter of the regulation or face government sanctions (normally civi l penalties). These techniques decentralize decisionmaking and use incentives similar in many cases to those of the priv ate marketplace to achieve broad regulatory goals. Although market-type incentives do not provide a solution to every regulatory problem, they have some general advantages: o Market-oriented approaches give regulated entities more freedom to devise their own means of achievin g regulatory goals. This puts the ingenuity and relevant expertise of the regulated sector to work solving public problems at least cost, and imposes fewer indirect costs arising from obtrusive government intervention in private sector decisionmaking. o Many market-oriented approaches provide incentives to develop better and cheaper long-term solutions to regulatory problems. By specifying compliance acti ons in detail, command-and-control regulation ties policy to technologies and practices available when the regu lation is written -- and provides no incentive to invent more efficient or more effective methods. o Market-oriented approaches allow greater flexibility to respond to change -- by leaving the economy freer to make its own short-teLm adjustments and, in many cases, by removing the need for long adversarial administrative procedures when conditions change. The relative merit of regulatory alternatives to meet specific regulatory objectives depends on case-by-case anal ysis. Each technique has limitations that may prohibit its applicat ion in a particular program; for example, economic ince ntives and information disclosure may be inadequate where the health or safety consequences of mistakes are drastic, and performanceoriented standards may prove difficult to enfo rce. However, where the techniques are feasible, they can be more costeffective and better suited to dynamic conditions than traditional approaches to regulation. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis kb- • 2- • Executive Order 12044, Improving Gov ernment Regulations, emphasized the evaluation of alternat ive solutions to regulatory problems. As a result, many agencies have already had experience with these techniques. The techniques in current use or under consideration fall int o eight areas: 1) 2) 3) 4) Marketable Rights Economic Incentives Performance Standards Compliance Reform 5) 6) 7) 8) Enhanced Competition Information Disclosure Voluntary Standards Tiering The Regulatory Council's recent Regu latory Reform Highlights cites 66 specific examples in 26 agen cies. This paper describes 17 of these examples, which we have selected to demonstrate the range of approaches alre ady in place or under consideration. I. MARKETABLE RIGHTS (creating government -conferred rights that can be traded) Regulation is frequently used to allocate scarce resources. This type of regulation is primarily necessary in two situations: where conflict over the use of scarce resources could be harmful (e.g., destructive interference from incompatible uses of the electromagnetic spec trum as in Example 1 below) or when the use of a resource must be limited for other reasons (e.g., limiting air pollution levels or restricting the rate of aircraft landings for safety reasons as in Example 2). In both cases . the traditional regulatory approach is for the government to decide, case-by-case, who is permitted to undertake particular activities -- and who is barred. An alternative approach is for the gov ernment to create property rights where none existed before and then to allow the rights to pass by trade or sale among bidd ers. This approach can remove the government from difficult, contentious, and lengthy decisions about who can "best" use the limited resource. Example 1: Spectrum Allocation The Federal Communications Commission assi gns and or reassigns licenses to use frequencies by agen cy discretion. The Commission believes the electromagne tic spectrum is inefficiently used and is considering a mark etable rights approach to allocation that would allow the free sale and transfer of frequency allocations. This approach would provide powerful incentives for more effici ent use of the spectrum. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Example 2: Airport Landing Slots For safety reasons, the rate of aircraft landings at airports is limited. Currently, landing slots are allo tted by scheduling committees composed of airline representati ves that already have slots. As an alternative, the Depa rtment' of Transportation is considering auctioning landing slots that can then - be resold. This would allow airlines to compete for additional slots based on their market need s. ECONOMIC INCENTIVES (regulating through the price syst em by making business costs more consistent with social goals) Many regulatory programs have been set up to compensa te for the failure of an economic sector to satisfy public needs. In some cases, this has been due to the fact that some acti vities are in the economic interest of particular firms but against the interest of the public. Pollution is only one example -an air polluter incurs no direct cost from its emis sions, but downwind communities must pay for the resulting health and materials damage. The traditional regulatory response is to correct the situation by eliminating or directly restricting the unwanted acti vity and assessing fines against violators. In contrast, the economic incentives approach attempts to correct the problem at its source by ensuring through fees or subsidies that the cost to the polluter accurately reflects the cost of poll ution to the public. This approach includes use of both penaltie s (e.g., user fees -- the "gas guzzler" tax) and subsidies (Exa mples 1 and 2). Example 1: Airline Subsidies Airline service to small communities has always suffered because such service often is not profitable for airlines. In the past, the CAB based its subsidy program on the financial need s of an airline's entire system, rather than adjusting it to the needs of particular routes. This approach encourages airlines to acquire larger aircraft, ill-suited to serving smal ler communities. Under the new airline law, CAB has develope d a subsidy program that encourages purchase of aircraft bett er suited to serving small communities. Example 2: "Buy Quiet" Program Rather than require industry to design products that meet specific noise emission standards, the Environmental Prot ection Agency has initiated a program that uses governments' substantial purchasing power as an incentive for manufacturer s to https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis develop quieter products. The "Buy Quiet" Program encour ages Federal, state, and local governments to buy quieter pro ducts. In the past, EPA has worked with the General Services Adm inistration to offer premiums to suppliers of quieter products. PERFORMANCE STANDARDS (re placing detailed compliance requirements with general performance standards) The government can continue to regulate through standards while still making room for mar ket forces to work. Performan ce standards are being used as alt ernatives to regulatory requirements that specify the exact means of compliance (prescribing , for example, exactly what tec hnologies must be used). Agenci es set general performance levels and permit the regulated entities flexibility to find and use the best ways of comply ing. Performance standards allow fiL ms to minimize their own costs of compliance and permit the m the flexibility to adapt to the ir particular business condition s. Performance standards can apply to firm-wide, plant-wi de or area-wide levels of per formance (Example 1), or they can apply to particular products or practices (Example 2). Example 1: EPA's "Bubble" Pol icy For Air Pollution Environmental regulations tra ditionally set air pollution emission limits for each pollut ion source within regulated plants. Under its new "bubbl e" policy EPA now encourage s plant managers to propose differ ent mixes of control for the se sources as long as they achiev e the same overall emissi ons performance. Plant managers will have new fle xibility to relax controls at the more costly discharge points in exchange for imposing tighter controls elsewhere (inclu ding neighboring plants) in order to reduce their overall cos t of control. Preliminary estimates show potential cost sav ings as high as 60%, and some firms anticipate savings in the tens of millions of dollars. The new policy reduces the govern mental presence within the plant and provides new incentive s for firms to find better, more efficient pollution control technologies. Example 2: OSHA's Shift to Perfor mance Standards The Occupational Safety and Health Administration has examined hundreds of pages of current standa rds, all based on detailed specification language, and is rew riting them as perfo L111 anceoriented standards. For exaMpl e, an existing regulation specifies the exact height and placement of fire extinguisher s. The new formulation calls for fir e extinguishers to be accessible, but permits firms sev eral ways of providing accessibility. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • IV. 5- • COMPLIANCE REFORM (using market-oriented tech niques for ensuring compliance with regulatory requirem ents) In general, reforms in this area replace or supplement government compliance monitoring and enforcem ent with other mechanisms, such as, supervised self-certificati on (Example 1), economically-based penalties (Example 2) and third party monitoring (Example 3). There is considerable past experience with this area of reform. For example, the Department of Justice relies heavily on private enforcement of antitrust policies, and DOT has relied on self-certification and third-party moni toring in several areas. Market-oriented compliance programs can encourag e wider compliance with less cost to the taxpayer for Federal enforcement. Many agencies also give regulated firms grea ter flexibility to design their compliance effort to minimize their cost. Example 1: Voluntary Meat and Poultry Quality Control System The U.S. Department of Agriculture has inst ituted a voluntary program using quality control systems of plants to determine compliance with government standards. This program enables USDA to monitor increased production of processe d meat and poultry products with equal effectiveness and less disruption to producers while reducing the government's insp ection program costs. Example 2: Nonconformance Penalties for Air Poll ution The Environmental Protection Agency has deci ded that banning the sale of trucks with engines that fail to meet 1984 emissions standards may be too economically disr uptive. Instead, the Agency is examining the use of nonc onformance penalties. Manufacturers would be petmitted to continue selling the trucks, but would pay a graduated penalty based on the amount they exceed the standard (pro vided they do not exceed a designated maximum limit). This pena lty system would provide an economic incentive for manufacturer s to comply with the standard. Example 3: Certification of Lifesaving Equipmen t Previously, the Coast Guard enforced its safety stan dards for lifesaving equipment by means of factory insp ection. Under new rules, the Coast Guard requires manufacturer s of certain classes of lifesaving equipment to obtain independ ent laboratory certification that the equipment meets specific ations https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis before the Coast Guard will give approval. This system shifts inspection costs from the general public to the users of marine devices. .., V. ENHANCED COMPETITION (reducing regulatory and other barriers to competition) Regulatory objectives can be fostered by removing barriers to competition. Frequently, regulation itself is an obstacle to competition, in which case the removal of barriers to market entry or limits on the services that may be provided by those already in the market can be accomplished by agency action (Examples I and 2). Sometimes the barriers have arisen in the private sector and can be dissolved by agency action (e.g., advertising by doctors). Enhanced competition can be an important source of cost savings and can improve the quality and diversity of products and services. Example 1: Transporting Fresh Produce The Interstate Commerce Commission exempted railroads from complicated regulations involving rates, routes, and service frequency for the transportation of fresh fruits and vegetables. As a result, the railroads are now able to offer shippers daily price quotes for these perishables depending upon such factors as the availability of equipment. This has increased competition in the business, improved service, and held down overall transportation costs. Example 2: Electronic Mail Service The Postal Rate Commission rejected a Postal Service recommendation to contract with a single carrier to handle all electronic mail services. Instead, the Commission accepted a plan for private competing firms involved in electronic transmission to send messages from customers directly to specially equipped post offices. This decentralized and competitive approach would foster competition and provide technically superior service at a lower cost. VI. INFORMATION DISCLOSURE (regulating by ensuring informed consumer choice) In some cases regulatory goals can be enhanced by making sure that the user or consumer of a product or service receives key information on the consequences of using it. Disclosure gives users and consumers informed freedom of choice among competing goods and services. To the extent that disclosure is effective, it will reduce pressures to invoke direct government restrictions on the goods and services themselves. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 7-. • Disclosure includes two approaches: labeling programs, in which suppliers are required or encouraged to put rele vant information on labels or accompanying materials (Example 1), and rating programs, in which the government itself publ icizes critical information (Example 2). Example 1: Noise Labels EPA encourages noise level labeling by industry for two types of products: those emitting noise capable of adversely affecting public health; and those sold wholly, or in part , on the basis of their effectiveness in reducing noise. By adopting voluntary noise labeling, the industries expect to avoid mandatory standards. Example 2: Car Safety Information To supplement its safety standards program, the National Highway Traffic Safety Administration is relying on mark et incentives to produce safer, sturdier cars. The Agen cy tests new cars under various crash conditions and publishes comparative ratings by make and model for crashworthiness, damageability, and ease of diagnosis and repair. Cons umers can then make purchasing decisions based on this info rmation. VII. VOLUNTARY STANDARDS (relying on standards developed outside government) In some cases, it is preferable for government prog rams to rely on standards devised by regulated firms themselv es. The advantages of voluntary standards are that private tech nical knowledge can be applied directly to the problem, and that cooperating firms may reach agreement faster than gove rnment procedures will allow. Some regulators are concerne d, however, that there should be some sort of public representati on at meetings where voluntary standards are developed, and that voluntary standards should not represent a de fact barr o ier to market entry. Example 1: Voluntary Standards for Medical Devices Under the Food and Drug Administration's new Voluntary Standards Policy, FDA will support the development and use of voluntary standards for some types of medical devices, whil e reserving the right to issue mandatory standards as nece ssary. FDA will evaluate the standards and endorse those that are found adequate. This policy will expedite standards deve lopment while decreasing the drain on FDA's analytic resource s. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis I- Example 2: Voluntary Standards for Furnitur e Flammability The Consumer Product Safety Commission is working with the furniture industry to develop cost-effecti ve voluntary standards that will reduce by 60%-70% the 500 deaths and 1700 injuries caused annually by cigarettes dropped on upholstered furniture. CPSC will monitor the voluntar y program carefully over the next year to ensure that the furn iture meets safety standards. VIII. TIERING (differentiating standards acco rding to the type of fiLm or product regulated) It is not always reasonable to apply the same regulatory requirements to all regulated firms. In some instances, regulations can be "tiered" to fit the size and nature of the regulated businesses. Tiering can affect the actual level of compliance and may include outrig ht exemptions from regulation (Example 1), or it can appl y to reporting requirements (Example 2). Example 1: Tiering in EPA Programs The Environmental Protection Agency's uniform nationwide pollution control requirements often affect small businesses disproportionately because they lack regulatory expertise and are unable to absorb compliance costs. EPA has relieved the burden on small businesses by requiring less stringent pollution control levels or granting out right exemptions for more than 50 regulations. Example 2: Reporting Burdens for Small Bank s Upon review of its information needs, the Com ptroller of the Currency deteLmined that the amount of fina ncial infoLmation required of small commercial banks was not essential to fulfilling its regulatory mission. The Com ptroller thus reduced the reporting burden on small commercial ban ks, replacing the standard form with an abbreviated version. National banks with less than $100 million in total assets now report 40 percent less financial information than befo re. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Jess 25, 1980 The Misorsble Sob Sergland Secretary of /*Tic:alter* Weebiestes, D. C. 24250 Deer Job: The Psdirel Seeerve Sword La pled to participate Le the 1981 Combined irelers1 Cespeigla and I will be beppy to serve as Chairmen for the BOord's plessimmt. Mt. JOballi. loikler, Staff Director tor Iloomimmost, will Nom MO Vise Cbelemee for OUT CYC Drive. MN Seibler is Located is ism 54947 sod his telephone number is 452-3764. Sincerely, PAUL JIID:dba bee: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Mrs. Mallardi (2) - WE #55 Mr. Denkler Mrs. Wells THE WHITE HOUSE WASHINGTON June 12, 1980 76° MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES The Honorable Bob Bergland, Secretary of Agriculture, has agreed to serve again this year as Chairman of the Combined Federal Campaign for the National Capital Area. Secretary Bergland did an outstanding job as campaign chairman last year and I am pleased that he is willing to serve again. Citizens working together through voluntary agencies can become partners in the effort to build better communities, a healthier nation, and a more peaceful world. This year, our help is needed more than ever. Voluntary organizations need the support of all Federal personnel in the National Capital Area to accomplish their important objectives. I request that you serve personally as Chairman of the combined campaign in your organization and that you appoint a top assistant as your Vice Chairman. Please advise Secretary Bergland of the person you designate as your Vice Chairman. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND, BUDGET WASHINGTON. D.C. 20503 OFFICE OF FEDERAL PROCUREMENT POLICY JUN 5 1980 MEMORANDUM FOR DESIGNATED EXECUTIVE AGENCIES AND ESTABLISHMENTS / 0/ 1"5 SUBJECT: Uniform Procurement System Enclosed for your information is a memorandum dated June 4, 1980 which I sent to the heads of those departments and agencies represented on the Council on the Uniform Procurement System. That Council, which I established pursuant to P.L. 96-83, was created in April of this year to advise and assist me in the development of a uniform procurement system (UPS) proposal for submission to the Congress by October 1980. "N As you will note, that memorandum, along with enclosures, provides a project report on progress to date and solicits information for consideration by the various task groups in developing their recommendations for a UPS proposal. I want to take this opportunity to request your input into this project as well. Your views, principally as customers of the Government's acquisition and supply processes, are especially valuable. Consequently, your identification of problems as well as advice on improving the Government's processes for acquisition, supply, and procurements under grants would be most appreciated. They should be forwarded to Mr. David F. Baker of this office not later than June 27, 1980, using the recommended format which is enclosed. Questions regarding the project to develop the UPS proposal may be directed to Mr. LeRoy Haugh at 202/395-6166. Thank you in advance for your assistance. (suala„, Karn Hastie Williams Administrator Enclosures •• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis w : Designated Executive Departments and Agencies `N https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Advisory Commission on Intergovernmental Relations ACTION Administrative Conference of the U.S. American Battle Monuments Commission Appalachian Regional Commission Board for International Broadcasting , Board of Governors of the Federal Reserve System Civil Aeronautics Board Commission of Fine Arts Commission on Civil Rights Commodity Futures Trading Commission Community Services Administration Consumer Product Safety Commission Federal Election Commission Delaware River Basin Commission Equal Employment Opportunity Commission Export-Import Bank of the United States Farm Credit Administration Federal Deposit Insurance Corporation Federal Election Commission Federal Emergency Management Agency Federal Home Loan Bank Board Office of the Federal Inspector for the Alaska Natural Gas Transportation System Federal Labor Relations Authority Federal Maritime Commission Federal Mediation and Conciliation Service Federal Mine Safety and Health Review Commission Federal Trade Commission Foreign Claims Settlement Commission Interstate Commerce Commission Merit Systems Protections Board National Capital Planning Commission National Endowment for the Arts National Labor Relations Board National Mediation Board National Science Foundation National Credit Union Administration National Transportation Safety Board Occupational Safety and Health Review Commission Overseas Private Investment Corporation % https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis I 1 Pennsylvania Avenue Develope ment Corporation Pension Benefit Guaranty Corpor ation Postal Rate Commission Railroad Retirement Board Securities and Exchange Commis sion Selective Service System Smithsonian Institution U.S. Arms Control and Disarmam ent Agency U.S. International Trade Comm ission Water Resources Council Central Intelligence Agency Special Representative for Trade Negotiations Council on Environmental Quality Federal Communications Commissi on Four Corners Regional Commission New England Regional Commission Ozarks Regional Commission Upper Great Lakes Regional Commissi on EXECUTIVE OFFICE OF THE PRESIDENT OFFICE CF:- MANAGE,AENT AND BUDGET NASHINGTON. D C. Z0503 OF!CE OF FEDERAL PROCUREMENT POL,CY JUN 1980 MEMORANDUM TO THE HEADS OF SELECTED DEPARTMENTS AND AGENCIES Subject: Uniform Procurement System This is to advise you of our progress in developing a proposal for a uniform procurement system which was required by the Congress in Public Law 96-83. You may recall that, by letter of April 15, 1980, I established a Council on the Uniform Procurement System (CUPS), consisting of senior agency officials representing the various disciplines involved in the procurement process to advise and assist me in the development of the proposal. In that context. I also requested that you appoint appropriate representatives (a principa and l alternate) to serve on the Council. Your cooperation in this process has been very helpful. Since that time, I have convened two meetings of the Council -- on April 23 and May 14, 1980. Those meetings have resulted in the development of a project structure consisting of a Coordinating Committee and three subject-oriented task groups -- on acquisition, on supply, and on procurement under grants. Enclosed are minutes of the last CUPS meeting which include charters for these groups as well as an overall project charter for the entire effort. Also enclose d is a project schedule which clearly depicts the severe time constraints associated with the preparation and submission of the proposal to the Congress by October 1980. I am pleased to note that two of the task groups are fully formed and operating while the third soon will be. Because of the comprehensive nature of the proposal requested by the Congress. the short time frame, and the need by the task groups for all available information for consideration in the development of their recommendations, I want to encourage your submission to us, coordinated through your CUPS representatives, of any specific advice you may have on this subject based on the collective experience of your agency -- including budget, planning, financial management, program and delivery system considerations. I would especially appreciate the identification of problems, as encountered by your agency in each of the task group areas -- acquisition, supply, and procurement under grants -- as well as any recommendations for legislation, policy, regulation or other improvements which you believe are needed. Your advice and recommendations should be provided to Mr. David F. Baker of this office not later than June 27, 1980 to be considered by the task groups. A recommended format for this purpose is enclosed. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 2 • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis We have a unique opportunity, unconstrained by existing legislation. to propose a Uniform Procurement System which could greatly enhance our capabilities to effect the needed economies, efficiencies and effectiveness, with equity, of Federal procurement. Thank you, again, for your cooperation. WiLap Karen Hastie Williams Administrator Enclosures Addressees Secretary of Agriculture Secretary of Commerce Secretary of Defense Secretary of Energy Administrator, Environmental Protection Agency Director, Federal Emergency Management Agency Administrator of General Services Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of the Interior Director, International Communication Agency Attorney General Secretary of Labor Administrator, National Aeronautics and Soace Administration Director, National Science Foundation Director, Office of Personnel Nlanagement Secretary of State Administrator, Small Business Administration Chairman, Tennessee Valley Authority Secretary of Transportation Secretary of the Treasury Administrator of Veterans Affairs https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Enclosure 1 • •••;.:17.7.7 • ••• EXECUTIVE OFFICE OF THE PRESIDENT , '<t•• -1 CFF!CE CF MANAGEMENT AND BUDGET .!1 ••• , •:7 WASHINGTON. D.C. 20503 MAY 1 1980 OFFiCa: OF FEDERAL PROCUREMENT POL.CY COUNCIL ON THE UNIFORM PROCUREMENT SYSTEM Minutes of Meeting: May 14, 1980 1. The second meeting of the Council on the Uniform Procurement System (CUPS) was held on May 14, 1980, in Room 9104 of the New Executive Office Building. It was convened at 2:00 p.m. and chaired by Ms. Karen Hastie Williams, Administrator for Federal Procurement Policy. The meeting was attended by representatives of 23 departments and agencies, as indicated on the list of attendees provided as Enclosure 1. The meeting was conducted in accordance with the agenda and other 2. materials, provided as Enclosure 2. In her opening remarks, the Administrator emphasized the need to finalize plans for the project structure so that the Task Groups could be formed and begin their deliberations by the end of the ensuing week. 3. With regard to the specific items on the agenda, Ms. Williams provided the following information: A. Developments to Date (1) A copy of the overall UPS project plan (as discussed at the first CUPS session) was provided to congressional staffs (Brooks/Chiles) and they indicated that it is "on target" in terms of the legislative requirements; (2) The first public hearing on the UPS was held on May 6th: 28 organizations provided written testimony and 13 of these provided oral testimony as well. Copies of the hearing record will be provided to the Task Group Chairmen and a copy is available in OFPP for review. (3) OFPP is developing plans now for a series of public hearings in July to allow public reaction to the first draft of the complete proposal. Consideration is being given to holding those hearings in the Northeast, Mid-west, and West Coast, in additon to Washington, D.C. (4) The Coordinating Committee held its first session on May 2 to discuss Task Group suctures. That meeting resulted in suggestions which have led to the refinement of the proposed Task Force structure, timing and product description — the discussion of which was the principal purpose of the immediate Council session. Revisions in Project Plan. While emphasizing that the structure and B. scope of the UPS as discussed at the April 23rd meeting of the Council and as described at Tab A of Enclosur.: 2 remained unchanged, Ms. Williams proposed several changes to the project structure — in response to agency expressions of concern with respect to workload requirements on available agency personnel. Specifically, the following changes were proposed (as reflected in Tab B of Enclosure 2): https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2 (1) A reduction in the number of Task Groups from 7 to 3. Initially two were proposed: one to look at the procurement process from the acquisition perspective and the other to look at the procurement process from the supply perspective. In the course of discussing the task group structures, however, Ms. Williams suggested that it may be useful to provide for a third task group to deal with the procurement under grants area. Mr. Pippen of EPA supported the suggestion indicating that, as chairperson of the earlier proposed Task Group No. 7, he had already initiated the "grants" effort, identified issue areas, and made assignments. On that basis, there being no objection, Ms. Williams indicated that there would be three task groups (Acquisition/Supply/Procurement Under Grants) and that revised charters would be provided to the Council. (These charters are included at Enclosure 3); 'N (2) A slight revision in the timetable for developing the UPS proposal — to reflect the week's delay in establishing the task group structures (a revised milestone chart is contained at Tab C of Enclosure 2); (3) The identification of five basic elements which should be addre4sed in the final UPS proposal, namely, (a) uniform procurement legislaton; (b) uniform regulation systems; (c) uniform procurement management and management support systems; (d) a Federal data system; and (e) a uniform personnel program. (Each of the elements is discussed in Tab B of Enc_losure 2); and (4) A description of the structure of the final written proposal, to include three elements: (a) a general statement of policy regarding uniformity (including a UPS definition and listing of objectives and management principles); (b) a description of each element and process in the UPS, along with a cost benefit analysis; and (c) plans for implementation. Ms. Williams indicated that these various changes were reflected in Tabs C through E of the package provided to Council members (Enclosure 2). She reviewed briefly the salient aspects of the charters for the Coordinating Committee and Task Groups 1 and 2. C. Task Group Formation. Ms. Williams indicated that, in order to meet existing milestones, the task groups should be formed as soon as possible — certainly by the end of the coming week (May 23). She suggested that the chairmen and vice chairmen meet before May 16 and draw up lists of personnel required (by name, if possible, or by agency/discipline). The lists should be provided to Mr. David Baker at OFPP who will request assignments from the agencies involved. Other Discussion. In the ensuing period of discussion, questions were D. asked or concerns expressed by Council members as follows: (1) Is it intended that a detailed legislative proposal be developed for submission in October? • The Congress has provided an additional year for development of a detailed legislative proposal. We need to provide, by October of this year, only an indication of what essential changes in law appear desirable or necessary. (It was also pointed out with regard to development of a https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 3 uni_form statute, that the Commission on Government Procurement had identified 4,000 procurement-related statutes or statutory provisions of which 50 are OFPP is undertaking to update that list). (2) How does the FAR Council relate to the UPS oroiect? Ms. Williams noted that she expected to issue an OFPP Policy Letter within 30 days establishing a FAR Council, and describing its role and responsibilities. She mentioned that a similar mechanism appeared necessary for the property management and supply regulation system and that both would be elements of the UPS but that she would move forward with the FAR Council since that project was at a more advanced stage. (3) In relation to the "brief but comprehensive" characterization of UPS elements and processes to be described, should not the length of these descriptions be made unitorm so that the final proposal treats each subject area evenly? Ms. Williams indicated that the role of the Coordinating Committee was to provide for similarity in Task Group work products — so that drafting of the final proposal by the Committee could be facilitated. She explained that while descriptions should be brief, they should also be sufficiently comprehensive so that UPS processes and elements were intelligible to persons generally familiar with Federal procurement. (4) It was noted that the agenda packages had not been provided to the Council except shortly before the Council session began. It was requested that future materials be provided to permit time for advance review. Ms. Williams concurred. Whenever possible, more extensive review time will be provided. (5) It was noted that DOD was concerned about the supply aspects of the project and might not Da rticiDate unless the supply interests wre res -icted to the item management assignment, cataloging and reauisitioning areas. Ms. Williams noted that the scope of the UPS, itself, was inclusive of all of the elements of supply, but that the elements which would receive primary emphasis were to be considered and proposed by Task Group No. 2. (6) The project charter identifies four data systems as elements of the UPS. Is it intended that the UPS proposal provide the details for these systems? Ms. Williams noted the project charter identifies three systems, in addition to the FPDS, which appear necessary for a comprehensive UPS proposal. The need for such systems should be addressed by the Task Groups, including the inventorying of current data systems. 4. There being no additional discussion, Ms. Williams adjourned the meeting at 2:45 p.m. Davi Baker Executive Secretary Council on the Uniform Procurement System Enclosures https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • MEETING OF THE COUNCIL ON THE UNIFORM PROCUREMENT SYSTEM ATTENDEES MAY 14,1980 Office of Federal Procurement Policy Ms. Karen Hastie Williams Mr. Fred Dietrich Mr. David Baker Mr. Bill Hunter Mr. Dan Wilson Mr. William Niaraist Ms. Patricia Szervo Mr. LeRoy J. Haugh Mr. William Maraist Mr. William Coleman Mr. Joe Spagnola 395-5802 395-6810 395-7207 235-2434 395-3254 395-3300 395-3300 395-6166 395-3300 395-3455 235-2543 Department of Agriculture P Mr. Lacy Arnold A Mr. Don F. Manns 0 Mr. Tom Ward 447-7527 447-7527 447-0983 Department of Commerce P Mr. David Nathan 377-3490 Department of Defense A Mr. Robert Trimble A Mr. Paul Riley 0 Mr. Ken Payne 0 Mr. Paul Judge P = Principal A = Alternate 0 = Observer 697-8177 697-1367 274-6211 697-3151 2 Department of Energy 6 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis P Mr. Michael J. Tashjian A Mr. Berton J. Roth 252-8613 252-8182 Environmental Protection Agency Co-P Mr. Harvey Pippen, Jr. Actg. P Mr. Robert L. Molino 755-0850 472-9384 Federal Emergency Management Agency P Mr. Duane Murray A Mr. Steve Goodman 634-6046 653-7270 General Services Administration A Mr. Tom Morris 0 Mr. Charles Hulick A Mr. James E. Steele 557-8667 557-8626 566-1100 Department of Health and Human Services P Mr. Murray Weinstein 245-8870 Department of Housing and Urban Development P Mr. Tom Whittleton A Mr. Craig E. Durkin 724-0040 724-0038 Department of the Interior P Mr. Colonel C. Armstrong 343-5914 US International Communications Agency P Mr. Philip Rogers 653-5570 Department of Justice P Mr. Anthony C. Moscato 633-4405 Department of Labor A Mr. Richard Strom 523-9174 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 3 National Aeronautics and Soace Administration P Mr. Stu Evans A Mr. L. E. Hopkins 755-2255 755-2252 National Science Foundation P Mr. William B. Cole, Jr. 357-7880 Office of Management and Budget 0 Mr. Richard Adams 395-3460 Office of Personnel Management A Mr. Gerald D. Curry 254-8492 Small Business Administration A Mr. Edward Odell 653-6332 Department of State A Mr. LeRoy A. Wallin 235-1773 Tennessee Valley Authority A Ms. Betsey J. Horsmon 245-0101 Department of Transportation A Mr. Roger Martino 426-4237 Department of the Treasury P Mr. Thomas P. O'Malley 376-0650 Veterans Administration P Mr. Bob Vaughn 370-0244 PRESS ATTENDEES: Bureau of National Affaifs Mr. Chas Wendel 452-4230 Government Purchasing Outlook Ms. Barbara Oganesoff 785-2593 • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis COUNCIL ON THE UNIFORM PROCUREMENT SYSTEM Second Session May 14, 1980 • COUNCIL ON THE UNIFORM PROCUREMENT SYSTEM May 14, 1980 • AGENDA I. INTRODUCTORY REMARKS II. DISCUSSION TOPICS o Developments to Date o Revisions in Project Plan o o o o Task Group Formation o o III. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Project Schedule Coordinating Committee Membership Task Group Structure Staffing Other CONCLUDING REMARKS CONTENTS 'N https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis TAB A System Charter, Principles and Objectives TAB B Project Charter — Revised TAB C Project Schedule — Revised TAB D Project Structure — Revised TAB E Charters: Coordinating Committee/Task Groups -Revised TAB F Related Correspondence TAB A UNIFORM PROCUREMENT SYSTEM Legislative Charter The requirement for development of a uniform procurement system is provided in Public Law 96-83, Section 4, as follows: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis "The Administrator shall develop ... a uniform procurement system which shall, to the extent he considers appropriate and with due regard to the program activities of the executive agencies, include uniform policies, regulations, procedures, and forms to be followed by executive agencies — "(1) in the procurement of — "(A) property other than real property in being; "(B) services, including research and development; and "(C) construction, alteration, repair, or maintenance of real property; and "(2) in providing for procurement by recipients of Federal grants or assistance of items specified in clauses (1)(A), (1)(8) and (1)(C) of this subsection, to the extent required for performance of Federal grant or assistance programs." • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis UNIFORM PROCUREMENT SYSTEM Goals and Obiectives A. Procurement Coals. The enunciation of procurement goals is found in Public Law 96-83, Section 2, as follows: 1. Promote the use of full and open competition in the procurement of products and services; 2. Establish policies, procedures, and practices which will require the Government to acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost; 3. Improve the quality, efficiency, economy, and performance of Government procurement organizations and personnel, and eliminate fraud and waste in the procurement process; 4. Avoid or eliminate unnecessary overlapping or duplication of procurement and related activities; 5. Avoid or eliminate unnecessary or redundant requirements placed on contractor and Federal procurement officials; 6. Identify gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations and directives, relating to or affecting procurement; 7. Achieve greater uniformity and simplicity, whenever appropriate, in procurement procedures; 8. Otherwise promote economy, efficiency, and effectiveness Government procurement organizations and operation; 9. Coordinate procurement policies and programs of the several departments and agencies; 10. Minimize possible disruptive effects of Government procurement on particular industries, areas, or occupations; 11. Improve understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government; 12. Promote fair dealing and equitable relationships among the parties in Government contracting. in B. Proposed System Objectives. The system will be one designed to accommodate botn normal and peacetime as well as emergency and wartime requirements. It will be designed to: I. Establish and maintain a coherent, comprehensive and responsive system of integrated processes and subsystems for use by executive branch agencies in acquiring products, systems and services; 2. Provide, as fundamental dlaracteristics of the system, maximum uniformity in policy and regulation and maximum flexibility in the application of these policies and regualations to accommodate the diverse needs and capabilities of system participants; 3. Provide for a greater degree of reliance on the private sector so that: alb 'N https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis a. Government duplication of private sector capabilities is minimized; and b. The Government's potential for benefitting from competition within the private sector can be enh -Inced; 4. Consolidate the existing system of differing acquisition regulations into a single unified regulation for use y all executive agencies, thereby establishing one system of accisition procedures for all suppliers; 5. Provide standard, Government-wide supply support and property management systems and procedures to assure uniformity in cataloging, requisitioning, issuing, item management, storage, inventory management, transportation, utilization, disposal and other fundamental procurement processes; 6. Establish a Government-wide, comprehensive approach to the resolution of acquisition and supply problems in the executive branch; 7. Facilitate the Government-wide implementation of new procurement policies as well as system improvements; 8. Assure that policies associated with procurement reflect and respond to the national security and other national interests, as directed by the President and the Congress; 9. Assure that policies associated with procurement reflect and respond to socio-economic considerations, including small and disadvantaged business concerns, as directed by the President and the Congress; 10. Minimize the' regulatory and paperwork burden imposed upon the public and private sectors by the procurement process; 11. Conduct procurement research and, wherever feasible, incorporate the resolution of Commission on Government Procurement recommendations into procurement policies and regulations. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis UNIFORM PROCUREMENT SYSTEM Proposed Governing Principles A. Management Principles. The uniform procurement system will: 1. Include mechanisms with authority to establish, monitor and enforce, policies, procedures and programs governing or directly affecting all phases of the procurement process. 2. Institutionalize in the procurement process the management principles of (a) total process accountability; and (b) assignments of authority commensurate with responsibility. 3. Develop and provide managers directly and personally accountable and responsibile for all phases of the procurement process for a given commodity, procurement program or project. Provide a capability for developing and maintaining a competent, ethical and properly motivated procurement world'orce through recruitment, education, career development, training and performance evaluation programs. 5. Increase reliance on the private sector for goods and services (and their distribution) by maximizing Government knowledge of the by facilitating the Government/contractor and mar Ketplace interface. 6. Provide mechanisms to assure the development of an aggressive position with regard to other functional and management areas of Government so that the capabilities of the UPS to respond to the procurement reds of Government can be satisfied. 7. Provide, as a firm commitment to the user, that needs will be met from Government assets or the private sector and that maintenance of a redundant acquisition capability will not be required. 8. Assure that procurement management decisicr.s are based on the best information available by providing c-omprenensive, accurate and timely data collection and reporting programs. 9. Simplify and streamline existing procurement processes and programs so that organizational layering and regulatory burdens are minimized and unnecessary paperwork is eliminated. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2 10. B. Provide, through a program of procurement research, a means for continuously improving the procurement processes of Government in terms of efficiency, economy, and effectiveness, and equity. Procurement Principles. The uniform procurement system will: 1. Look to the private sector as the primary source of products and services required for Federal missions, except when it is necessary or more economical to use Government sources. 2. Provide commercial or modified commercial products and services in lieu of Government-unique products and services when commercial products and services will adequately satisfy Federal mission needs. 3. Utilize commercial distribution systems in providing product and service support to Federal departments and agencies when such systems will adequately satisfy Federal mission needs. 4. Employ, to the maximum feasible extent, full, open, and effective competition in the acquisition of products and services from the private sector as a principal means of obtaining the most economical and efficient products and services from the private sector; and eliminating fraud and collusion in Federal procurement. 5." Utilize total cost as the basis for procurement decisions, consistent with the policy and program requirements and priorities of Congress and the Executive Branch. 6. Specify needs in the form that permits maximum effective competition a.cd innovation. 7. Maximize the economic utilization of products, properties and facilities in Federal Government hands. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis TAB B CHARTER FOR THE PROJECT TO DEVELOP A UNIFORM PROCUREMENT SYSTEM PROPOSAL INTRODUCTION Section 6, P.L. 96-83 provides that the Administrator for Federal Procurement Policy develop for submission to Congress a proposal for a uniform procurement system (UPS) which will include uniform policies, regulations, procedures, and forms to the extent (she) considers appropriate and with due regard to the program activities of the executive agencies. Section 8 requires that the system proposal contain a full description of the system, projected costs and benefits, and short and long-term plans for implementation of the system. It shall apply to executive agenq,, procurement of property, services, construction, alteration, repair, and maintenance, as well as the procurement of goods and services under Federal grant and assistance programs. The purpose of this Charter is to set forth a conceptual plan for the development of a uniform procurement system proposal, to identify executive agency roles in the preparation of the UPS proposal, and to provide a schedule for its development. RESPONSIBILITIES The Administrator for Federal Procurement Policy shall provide overall leadership and direction in the development of the UPS proposal, in consultation with affected executive agencies and the public. Through the mechanism of an interagency Council on the Uniform Procurement System, as chartered, the executive agencies will provide advice, assistance and personnel resources in developing the UPS proposal. DEFINITION The Uniform Procurement System will be a comprehensive Government-wide system concerned with the process for (1) stating needs for goods and services in support of agency missions; (2) controlling the acquisition, supply, management and disposition of goods and services required by the executive branch; and (3) procuring goods and services under Federal grant and assistance programs. The key elements of the system are (1) uniform procurement legislation; (2) a uniform regulation system to include policies and procedures; (3) a uniform procurement management and management support system; (a) a uniform data system; (5) a uniform procurement personnel recruitment, training, and career development program. ELEMENTS OF THE PROPOSAL The proposal for the uniform procurement system should encompass the following key elements; 2 O. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Uniform Procurement Legislation. Recommend new legislation to 1. incorporate changes required by the proposed uniform procurement system and dation to eliminate inconsistencies in the current procurement statutes. Consoli uniform of the two primary procurement statutes will provide a basis for application of policies and procedures to all executive agencies and departments. s or The legislation should also provide for the elimination of other statute statutory provisions that are outdated and the consolidation of others that should be retained to enhance economy, efficiency, and equity. The relation of socioeconomic matters to the procurement process should be examined. In addition, the UPS proposal should identify those relationships with Congress that are essential to an orderly, efficient procurement process. For instance, greater funding stability, multi-year funding authorizations, less direction on individual procurements would add significantly to the quality of the overall process. The following systems should be Uniform Regulation Systems. 2. considered as elements of the uniform procurement system: a. Federal Acquisition Regulation (FAR) System. This will be a very significant element of the UPS, providing uniform policies, regulations, procedures and forms for Government-wide use in the acquisition phase of procurement. It will be a simple, clear and concise regulation system that will eliminate unnecessary burdens on contractors and Government contracting personnel. It will contain uniform policies and procedures to be used by executive agencies in acquiring property, services and construction, including alterations, repair and maintenance. The FAR will cover the inter-relationships between functional elements directly concerned with the acquisition process, beginning with the statement of needs. It will replace existing agency acquisition regulations with a single uniform Government-wide regulation, except where unique agency mission requirements necessitate supplemental agency regulations. b. Property Management Regulation System. This will also be a significant element of the UPS, providing uniform policies, regulations, procedures and forms for Government-wide use in the supply support and property management phases of the procurement process. It will be a simple, clear and concise regulation system to eliminate unnecessary duplication and overlap in the supply process and to consider uniform policies and procedures to assure uniformity in cataloging, requisitioning, issuing, item management, storage, inventory management, transportation, utilization, disposal, and other fundamental procurement processes not addressed in the Federal Acquisition Regulation System. Uniform Regulation System for Procurement Under Grants and c. Assistance. This third principal regulation system, currently envisioned in the ONiB Circular system, would provide uniform procurement guidelines to grantees and establish management improvement programs to enhance and update grantee management capabilities. 3 • Uniform Procurement Manazement and Management Support System. 3. In recognition of the fact that the economy and efficiency of the procurement process is affected by placement of the procurement functions within management g procurement and procurement management or g anizations and the interfaces amon• functiS ns, the UPS proposal will include consideration of these structures and processes, as exemped by the following: Uniform Organizational Placement Standard. The UPS proposal a. will address the d2sirabty of developing a uniform stanciard for placement of procurement functions to ensure proper consideration of matters relating to establishment of requirements and to acquisiton, supply, transportation, maintenance, disposition, etc. "S https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Government-Wide Contract Administration and Audit. The UPS b. proposal will address centralized responsibility for all field level contract administration functions and, similarly, for all field level contract audit functions. It will address the desirability of providing appropriate personnel ceilings to accomplish these functions for those agencies assigned such responsibilities. Uniform policies, procedures, and forms for contract administration and contract audit will be provided in the FAR. c. Stand2.7--i Government-Wide Item Management Assip.,nment Criteria. The 1.:?S proposal wiLl address the desirability of developing standard criteria .as a basis for making Government-wide item/commodity management assi:-Iments. Such assignments would incorporate the one item/one manage:- concept to assure that duplication and overlap in supply management responsibilities are eliminated and to assure effective support to users. 4. Federal Data System. The uniform procurement system should include: a. The Federal Procurement Data System. The System will collec-t data on all contracts awarded by all E.xecutive Agencies. The FAR will include uniform data elements, forms and procedures for reporting this data to the Federal Procurement Data System. b. Federal Property Management Information System. The uniform procurement system proposal should address the need, scope, and content of a uniform Government-wide information system to provide supply management data to Federal procurement managers. Federal Acquisition Management Information System. c. The uniform procurement system should address the need, scope and content of information systems to provide timely acquisition management data to Federal procurement managers. d. Federal Assistance Information System. The UPS should address the need and content of an information system with respect to procurement under Federal grant and assistance programs. a Uniform Procurement Personnel Recruitment, Training, and Career 5. Development Program. The Nation's annual procurement expenditures affect a significant portion of our economic and industrial resources. It is imperative to _ maintain the best possible professional workforce with high ethical standards to handle these processes. This consideration should be addressed in the uniform • procurement system proposal. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PROCUREMENT STRATEGIES Provide for development of policy regarding agency procurement processes which place into proper perspective, in the acquisition and supply strategy, relationships between requirements, contracting, distribution, maintenance and operations. Recognize, in policy, the necessity to tailor procurement processes to 1. reflect unique aspects and differing strategies for procuring services and end products such as major systems, construction, and research and development. Recognize, in policy, the procurement process for commercial com2. modities that encompasses the total acquisition and distribution spectrum; i.e., (a) complete intelligence on needs translated into requirements; (b) acquisition strategies emphasizing market research and analysis and inventory management (including use of excess and rehabilitation); (c) use of commercial item descriptions and other forms of functional product descriptions; (d) contracting and administration of contracts; (e) application of government and commercial distribution and support channels; (f) user satisfaction; (g) disposal; and (h) other logistic considerations such as standard requisitioning procedures, item entry control (cataloging) and transportation. TASK Prepare a proposal for the uniform procurement system which incorporates those elements listed above, as well as other elements of a similar nature which are determined appropriate by the Administrator, in consultation with the Council. The proposal should be structured as follows: A general statement of policy regarding uniformity, including a defini1. tion of the uniform procurement system, system goals and objectives, and fundamental procurement and management principles; Brief but comprehensive description of each element and process in the 2. UPS, and anticipated costs/benefits; and 3. Short and long-term plans for implementation. ASSIGNMENTS* Executive agencies shall designate knowledgeable individuals, reflecting the various disciplines involved, to work on the three task groups to develop the proposal: Task Group NO. 1 — Acquisition; Task Group No. 2 — Supply; and Task Group No. 3 — Procurement Under Assistance Programs. The task groups will be *As modified May 13, 1980 5 Uniform Procurement System Coordinating Committee. Products will be provided to the Council on the Uniform Procurement System for review and comment. SCHEDULE The Task Groups will be formed by May 16, 1980 and will complete first drafts of work products by July 11, 1980. The Coordinating Committee will prepare a consolidated report by July 25. The Council review, as well as public hearings on the first draft of the proposal, will be completed by August 29, 1980. Final drafts of the UPS proposal will be provided, by September 5, to the executive agencies for consideration. Agency comments will be provided to OFPP by September 26, 1980. The proposal will be provided to the Congress by October 10, 1980. `N https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PROJECT: Development oi Uniform Procurement System Proposal OFFICE: Office c Federal Procurement Policy PROJECT SCHEDULE DATE PREPARED: MAY 1 2 1`380 Atli IL MILESTONES DAY: 1. Establish UPS Council and initiate project plan and schedule. 2. Conduct prelininary public hearing. 3. Finalize project plan and schedule. 4. .Establish interagency task groups and provide assignments. 11 '(Al JAME JULY Itl 25 • • • 5 Review project plan, schedule and status With congressional staffs. 6. Complete task group reports and begin drafting of consolidated proposal. 7. Issue first draft of proposal for public review and comment at public hearing; agency comments through UPS 4 council. 8. Receive and analyze comments; prepare second draft of the entire proposal. 9. Provide proposal to agency heads for formal coordination and comment; provide to congressional staffs for preliminary review. 10. Receive and analyze comments; negotiate disagreements and provide final positions on outstanding issues. 11. Prepare final documentation; obtain approval and submit proposal to the Congress. OMB https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • TAB D UNIFORM PROCUREM.ENT SYS.191 Project Structure r _ 1 Council on Uniform Procurement System Administrator Imo as am. Public MIO MB MI OW WO ..... OFPP Hearings I AMEN `N UPS Coordinating Committee ••• Task Group *1: Acquisition Task Group 412: Supply Task Group 43 Procurement Under Grants As revised May 14, 1980 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 41•••••• • 411•11.11. •.01111M1. MINIE1111. COUNCIL ON THE UNIFORM PROCUREMENT SYSTEM (CUPS) Role and Responsibilities I. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Authority. e of The Council is established pursuant to Section 4 of Public Law 96-83, "Offic Federal Procurement Policy Act Amendments of 1979." U. Structure. Chaired by the Administrator, the Council will consist of senior procurement officials (principles and alternates) from 22 departments and agencies, as designated by the heads of those departments and agencies. The number of participating departments and agencies may be increased, at the discretion of the Administrator. Puroose. ism The :urpose of the Council is to serve as the principal interagency mechan for f:cilitating consultation between the Administrator and executive branch departments and agencies on all aspects of the development and implementation of the uniform procurement system. IV. Responsibility. nce to The primary responsibility of the Council is to provide advice and assista uniform the Administrator in the development and implementation of the procurement system. V. Administration. of the The Council will be convened periodically, at the discretion ements, Administrator, during the life of the project. Administrative arrang es and including conference room scheduling, document preparation (Minut Federal Agendas), and records maintenance will be provided by the Office of public and Procurement Policy. Meetings of the Council will be open to the r, time notice of such meetings will be provided to the Federal Registe permitting. TAB E UNIFORM PROCUREMENT SYSTEM COORDINATING COMMITTEE* Role and Responsibilities I. Authority The UPS Coordinating Committee is established pursuant to Section 4 of Public Law 96-83, "Office of Federal Procurement Policy Act Amendments of 1979." II. Structure The Committee will consist of the following officials: Mr. David Baker OFPP Vice Chairperson: Mr. Bob Trimble DOD Members: '1 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Chairperson: Mr. Paul Riley, DOD Mr. Harvey Pippen, EPA Mr. Albert Niarschall, GSA Mr. Stu Evans, NASA Mr. Tom Morris, GSA Mr. Mike Tashjian, DOE Mr. Fred Dietrich, OFPP Mr. LeRoy Haugh, OFPP Mr. Dan Wilson, OFPP Mr. Bill Hunter, OFPP Core Staff: A small number of individuals from OFPP and the executive agencies to prepare a consolidated proposal from task group reports. III. Purpose The purpose of the Coordinating Committee is to provide administrative and substantive oversight to facilitate the development of an integrated system proposal and to assure that the project schedule is maintained. IV. Responsibilities The responsibilities of the Coordinating Committee include: V. A. Minimizing duplication in the efforts of task groups; B. Resolving, insofar as possible, conflicts and contradictions in the proposals and recommendations of the task groups; C. Organizing and drafting, from the products provided by the task groups, an integrated uniform procurement system proposal for submission to the Congress. Administration The core staff will operate on a full-time basis during the proposal development phase while the full Committee will be convened periodically, at the discretion of the Chairperson. All administrative arrangements will be provided by the Office of Federal Procurement Policy, insofar as possible. UNIFORM PROCUREMENT SYSTEM Charter for Task Group No. 1: Acquisition I. Subject Area: All aspects of the Federal procurement process will be considered from the acquisition perspective: from the process for stating needs for goods and services in support of agency missions to controlling the acquisition, supply , management and . disposition of systems, services, products and commo dities required by the executive branch. II. Staffing and Leadership: Chairperson: Mr. Stuart Evans NASA Vice Chairperson: Mr. Fred Dietrich OFPP Key Agency Participants: NASA (Lead Agency), DOD, DOE, SBA, GSA, DOT, EPA, TVA, HHS, DOI, HUD III. Administration: Administrative and other arrangements necessary to assure the effective and timely accomplishment of the task group's responsibilities will be arrang ed by the chairperson and provided by the lead agency with the assist ance of participating executive agencies. The product of the task group deliberation s, in the form of a written report, will be provided to the Administrator for Federal Procurement Policy not later than July 11, 1980. The report should reflec t the task groups' considerations, findings, conclusions, and recommendations . Formal meetings of the full task group will be open to the public and, time permitting, notice of such meetings will be provided to the Federal Regist er. IV. Task: The task group will consider all aspects of the procurement process and the procurement management and support processes in its assigned subject area. It will consider, in addition, the stated goals, objectives and governing princi ples for the uniform procurement system as they apply to the five elements of the UPS proposal (i.e., uniform procurement legislation; uniform regulation syste ms, uniform procurement management and management support system; Federa l https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 2 data system; uniform procurement personnel system). elements will enable the task group to: Consideration of these Describe the optimum process, including the identification of key 1. characteristics and features, for the uniform acquisition of systems, services, products and commodities; Propose a plan and schedule, including recommendations for neces2. sary changes in legislation, policy, regulation and procedure for establishing and maintaining the optimum acquisition process and related procurement management and support processes (i.e., training and career development; management data/information; program evaluation; management structure); and 3. Identify the potential for developing standard contracts, contract language, and forms; and describe, broadly, the purpose and contents of such standard documents. V. Task Considerations: To assure the development of an integrated as well as uniform procurement system, the task group should maintain close liaison with Task Group Nos. 2 and 3 so that supply and procurement under grants and assistance processes and functions, as they relate to acquisition, are integrated into the acquisition process. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis UNIFORM PROCUREMENT SYSTEM Charter for Task Group No. 2: Supply I. Subject Area: All aspects of the Federal procurement process will be considered from the supply perspective: from the process for stating needs for goods and services in support of agency missions to controlling acquisition, supply, management and disposition as they relate to the supply/property management and supply support of systems, products and commodities. II. Staffing and Leadership: Chairperson: Mr. Tom Morris GSA Vice Chairperson: Mr. Dan Wilson OFPP Key Agency Participants: GSA (Lead Agency), DOD, DOT, USDA, VA, SBA, HHS, Commerce III. Administration: Administrative and other arrangements necessary to assure the effective and timely accomplishment of the task group's responsibilities will be arranged by the chairperson and provided by the lead agency with the assistance of participating executive agencies. The product of the task group deliberations, in the form of a written report, will be provided to the Administrator for Federal Procurement Policy not later than July 11, 1980. The report should reflect the task groups' considerations, findings, conclusions, and recommendations. Formal meetings of the full task group will be open to the public and, time permitting, notice of such meetings will be provided to the Federal Register. IV. Task: The task group will consider all aspects of the procurement process and the procurement management and support processes in its assigned subject area. It will consider, in addition, the stated goals, objectives and governing principles for the uniform procurement system as they apply to the five elements of the UPS proposal (i.e., uniform procurement legislation; uniform regulation systems, uniform procurement management and management support system; Federal data system; uniform procurement personnel system). Consideration of these elements will enable the task group to: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2 Describe the optimum process, including the identification of key I. characteristics and features, for the supply of systems, products and commodities (e.g., item entry, cataloging, item management, storage, distrib ution, requisitioning, issuing, transportation, reutilization and disposal; and Propose a plan and schedule, including recommendations for:neces2. sary changes in legislation, policy, regulation and procedure for establishing and maintaining the optimum supply process and related procurement management and support processes (i.e., training and career development; management data/information; program evaluation; management structure). V. Task Considerations: To assure the development of an integrated as well as uniform procurement system, the task group should maintain close liaison with Task Group No. 1 so that acquisition processes and functions, as they relate to supply, are integrated into the supply/property management process. ei• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis UNIFORM PROCUREMENT SYSTEM • Charter for Task Group No. 3: Procurement Under Assistance Programs I. Subject Area: tance of property (other Procurement by recipients of Federal grants or assis and development), and than real property in being), services (including research to the extent construction, alteration, repair or maintenance of real property will be required for performance of Federal grants or assistance programs considered. II. Staffing and Leadership: Chairberson: Mr. Harvey G. Pippen EPA Vice Chairperson: Mr. Jack Nadol OFPP Key Agency Participation: EPA (lead agency), HHS, SBA, HUD, Energy, NSF, DOT, Justice, OMB https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis III. Administration: tive and Administrative and other arrangements necessary to assure the effec be arranged by timely accomplishment of the task group's responsibilities will the assistance of the chairperson and provided by the lead agency with deliberations, in participating executive agencies. The product of the task group istrator for Federal the form of a written report, will be provided to the Admin d reflect the Procurement Policy not later than July 11, 1980. The report shoul mendations. task groups' considerations, findings, conclusions, and recom public and, time Formal meetings of the full task group will be open to the al Register. permitting, notice of such meetings will be provided to the Feder IV. Task: t under assistance The task group will consider all aspects of the procuremen sses in its assigned process and the procurement management and support proce , objectives and subject area. It will consider, in addition, the stated goals they apply to the governing principles for' the uniform procurement system as legislation; uniform five elements of the UPS proposal (i.e., uniform procurement management support regulation systems, uniform procurement management and nnel system). system; Federal data system; uniform procurement perso Consideration of these elements will enable the task group to: 2 Describe the optimum process, including the identification of key 1. characteristics and features, for the uniform procurement of systems, services, produc-ts and commodities under assistance programs; - https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Propose a plan and schedule, including recommendations for neces2. sary changes in legislation, policy, regulation and procedure for establihing and maintaining the optimum procurement under grants and assistance process and related procurement management and support processes (i.e., training and career development; management data/information; program evaluation; management structure); and Identify the potential for developing standard contrac-ts, contrac-t 3. language, and forms; and describe, broadly, the purpose and contents of such standard documents. V. Task Considerations: To assure the development of an integrated as well as uniform procurement system, the task group should maintain appropriate liaison with Task Group No. 1 so that acquisition processes and func-tions, as they relate to procurement uncier assistance programs, are integrated into the procurement under assistance process. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis TAB F EXECUTIVE OFFICE OF THE PRESIDENT OFFICE CF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20SCI3 OFFICE OF FEDERAL PROCUREMENT POLICY MAY 9 1980 MEMORANDUM FOR MEMBERS, COUNCIL ON THE UNIFORM PROCUREMENT SYSTEM SUBJECT: Second Meeting of the Council I propose to convene the second session of the Council on the Uniform Procurement System on Wednesday, May 14 in Room 9104 of the New Executive Office Building at 2:00 p.m. The purpose of the meeting will be to discuss refinements in the project structure established to draft the uniform procurement system proposal. Your attendance at this is meeting will be most appreciated. Karen 11^-+'. Karen Hastie Williams Administrator https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Enclosure 2 FOR:1AT The recommended format for providing comments for consideration in the development of the Uniformed Procurement System proposal is as follows: Identify legislation, policy, regulation, or other document which is 1. being addressed. 2. Provide a statement of the problem. 3. Provide any supporting data that is available which indicates the magnitude of the problem, including annual estimates of procurement dollars and actions that might be involved. a1I.1E4r*luei.i. s. Describe possible alternative solutions to the problem and identify delta riiI costs and benefits associated with each alternative. 6. Provide a recommendation as to the preferred alternative. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION WASHINGTON, D. C. 20506 • JUN 4 19 0 OFFICE OF THE CHAIR (P) MEMORANDUM Heads of Agencies TO FROM : SUBJECT: Eleanor Holmes Norton i4:01 Chair, EEOC Request for Comment on Proposed EEOC Management Directive Your review and comment are invited on the enclosed proposed EEOC Management Directive entitled, "Quarterly Bulletin by the Equal " Employment Opportunity Commission of EEO Issuances Under Development. The Commission proposes to issue this Management Directive using its authority under Executive Order 12067, Providing for the Coordination eof Equal Employment Opportunity Programs. As such the reporting requir ment imposed by the Management Directive would be mandatory for all employFederal agencies proposing to issue materials dealing with equal ment opportunity. es which The proposed Management Directive requires that Federal agenci own employees) propose EEO issuances (other than issuances affecting their development report key information to EEOC hout proposed issuances under ation and at least four times a year. EEOC will compile the inform circulate it to affected agencies in a quarterly bulletin. The Commission plans to submit its request Report of EEO Issuances Under Development, Archives and Records Service after we have the comments of the agencies which will be reporting requirement. for approval of the Quarterly EEOC Form 406A, to the National had an opportunity to review required to comply with this Please submit your comments by June 27, 1980 to: Office of Interagency Coordination Equal Employment Opportunity Commission Room 2534 2401 "E" Street, N.W. Washington, D.C. 20506 EEOC Management Directive, For further information about this proposed contact Mr. Arthur Jefferson at 202-254-3036. Attachment https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis I r; • -;7k-*lr'r.A-*70c**********-A*AAAAAk EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EQUAL EWPLOYMENT OPPORTUNITY 11:INAGEMENT DIRECTIVE DRAFT EEO-MD DATE: TO THE HEADS OF FEDERAL AGENCIES QUARTERLY BULLETIN BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OF EEO ISSUANCES UNDER DEVELOPMENT 1. SUBJECT. 2. This directive establishes a Quarterly Bulletin to be issued PURPOSE. by EEOC and imnoses a quarterly reporting requirement on Federal departments and agencies proposing to issue rules, regulations, policies, procedures or orders concerning equal employment opportunity (EEO). The Quarterly Bulletin summarizes the information submitted to EEOC by Federal departments and agencies. The purpose of providing the information to Federal departments and agencies in the Quarterly Bulletin is to enable them to participate more fully in policy develop es. ment and to avoid duplication, overlap and inconsistency in EEO issuanc The Quarterly Bulletin is different from the Semiannual Agenda of Federal Regulations which Federal agencies are required to publish in the Register pursuant to Executive Order 12044 (Improving Government Regulations) because: the Quarterly Bulletin deals only with EEO issuances; as reguincludes issuances of lesser authority than regulation§ as well es only; lations; is addressed to Federal agencies with EEO responsibiliti l and is issued quarterly by EEOC instead of appearing in the Federa Register. 3. 4. 5. SUPERSESSION. ions AUTHORITY. This directive is prepared pursuant to EEOC's obligat Executive and authority under Sections 1-201, 1-203, 1-303 and 1-304 of Employment Order 12067 (Providing for Coordination of Federal Equal Opportunity Programs). quarterly POLICY INTENT. This directive, the Quarterly Bulletin and the s with EEO reports are intended to assist EEOC and other Federal agencie 1-303 and responsibilities to comply with the requirements in Sections EEOC and 1-304 of Executkve Order 12067. These sections require that d other Federal agencies "advise and offer to consult with affecte Federal departments and agencies during the development" of EEO issuances. EEOC FORM MAR 79 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 336 None. 6. 7. APPLICABILITY AND SCOPE. a. The procedures of this directive apply to Federal departments and agencies covered by Section 1-201 of Executive Order 12067. b. Issuances relating to internal management and administration are exempt from the reporting requirements in paragraph 10. DEFINITIONS. a. "Initiating agency" means the Federal department or agency responsible for the development of an EEO issuance. b. "Quarterly Report" means EEOC Form 406 A (Quarterly Report of EEO Issuances Under Development). See Exhibit A of this directive. c. "Quarterly Bulletin" means EEOC Form 406 B (Quarterly Bulletin of EEO Issuances Under Development). See Exhibit B of this directive. `N 8. 9. DRAFT RESPONSIBILITIES. a. The Office of Interagency Coordination, EEOC, is responsible for receiving and digesting the Quarterly Reports from other Federal agencies and for issuing the Quarterly Bulletin. b. Initiating agencies will complete the Quarterly Report by following the procedures in paragraph 10 of this directive. c. Heads of offices within EEOC will complete the Quarterly Report by following the procedures in paragraph 10 of this directive. POLICIES AND PROCEDURES. Federal departments and agencies proposing to issue rules, regulations, policies, procedures or orders concerning EEO will notify EEOC of proposed issuances at least each quarter using the Quarterly Report. Initiating agencies will keep EEOC informed of the status of proposed issuances. 10. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis REPORTING REQUIREMENTS. a. Initiating agencies will complete Quarterly Report of EEO Issuances Under Development, EEOC Form 406 A. Mail the completed Quarterly Reports to the address shown in para, graph 12. 2 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • • • DRAFT b. The Quarterly Reports are due kaieh-31, June 30, September 30 and December 31. c. Office of Interagency Coordination, EEOC, will send blank EEOC Forms 406 A to Federal agencies with EEO responsibilities at least 30 days before the due date. d. Complete EEOC Form 406 A as follows: (1) Name and Address of Agency - Enter the name of the initiating agency, including the name of the program office responsible for development of the issuance, and the address. (2) Date - Enter the date the form is sent from the initiating agency. (3) Name and Telephone of Contact Person - Enter the name and telephone nunber of the initiating agency official designated to answer questions about the proposed issuance. Normally this should be the person responsible for the development of the issuance. (4) Title and Type of Issuance - Enter a title for the proposed issuance which is sufficiently explicit and non-technical so that a person who is not an expert can determine the subject, scope and significance of the proposed issuance. (5) New or Previously Reported - Check the appropriate box. (6) Policy Objective of Issuance - State the policy objective of the proposed issuance. For example, state whether the proposed issuance replaces a previous policy. (7) Legal Basis of Issuance - State the legal basis which the agency is relying upon for its authority to issue the issuance. For example, state "Title VI of the Civil Rights Act of 1964." (8) Current Status of Issuance - State the most recent event in the development of the issuance. For examples, "Notice of Proposed Rulemaking appeared in Federal Register on April 7, 1980" or "Sent to EEOC for clearance under E. 0. 12067 on April 11, 1980." 3 411. • • 11. 12. sN https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • DRAFT e. Attach a copy of the -araft of the 15-ioPosed issuance, if one exists. f. Office of Interagency Coordination, EEOC, will compile and enter the information on EEOC Form 406 B. EEOC will issue the Quarterly Bulletin on April 31, July 31, October 31 and January 31. APPENDICES. The following exhibits are included in the appendices: a. Exhibit A is Quarterly Report of EEO Issuances Under Development, EEOC Form 406 A. b. Exhibit B is Quarterly Bulletin of EEO Issuances Under Development, EEOC Form 406 B. Further information about this directive may be INQUIRIES. obtained by contacting: Francesta E. Farmer, Director Office of Interagency Coordination Equal Employment Opportunity Commission Room 2534 2401 E Street, N. W. 20506 Washington, D. C. Telephone: (202) 653-5490 or 254-3036 4 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • S EQUAL EMPLOYMENT OPPORTUNITY COMMISSION QUARTERLY REPORT OF EEO ISSUANCES UNDER DEVELOPMENT DRAFT r —1 RAMIE AND ADDRESS OF AGENCY 0AVE. L. _1 NAME AND TIELEPNONIC NUmilEP OP CONTACT PERSON INSTRUCTICNS: Thus form should be completed in accordance with the instructions provided in paraqrion 10, of the EEO Management Directive 1002. Quarrerly Bulletin by the Eavai Emoioyment Ocoor.unity Cor-riission ot EEO Policy Issuances tingar Development. TITLE AND TYPE OF ISSUANCE (Check PoLicY applicable box, if N.. Seta Of P — P'eVICV317 reported Issuance) N — E P — OBJECTIVE OF ISSUANCE: LEGAL BASiS OF ISSUANCE: _ CURRENT STATUS OK ISSUANCE: EPOC 406 A 1.4:e EXHIBIT A 5 011, •AS(I • • , LIVI . A, 41v,' • 4It QB N EQUAL EMPLOYMENT OPPORTUNITY COMMISSION cl, QUARTERLY BULLETIN OF EEO ISSUANCES UNDER DEVELOPMENT V V ,/(; 3 it` OF F IC E Off IHTERA ....'Try tt• EN OowniNA ON -- — — -- ---- TITLE AND TYPE OP ISSUANCE FEDERAL. AOENCY (A) (Check duplicable box, ii New—N, 11 Previously Reported Issuance —P) 1(n) -i,A-Te. DRAFT POLICY 013JECTIVE OP ISSUANCE (C) LEGAL. EASIS OP ISSUANCE CURRENT STATUS OF ISSUANCE (I)) (F.) or AGENCY% • CONTACT P11,130061 TILE PNONII. HO: El — N CD - P HARE Of AGENCY% CONTACT PERSON: 'l 11qIHX2 TELEPHONE N01 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CD - N 0- P N•TfE OF AGENCY% CONTACT PERSON: TELEPHONE NO, OM — N NAHE Of AGENCYi • CONTACT PENSONs TELEPHONE NOt 11. — N IIII _P HARE OF AGENCY: , CONTACT PERSON, TELEPHONE 1401 II — EEOC' 0"" 4°6B T•AY SO N 0— P PAU( OF PAGES https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • EXECUTIVE OFFICE OF THE PRESIDENT El OFFICE OF MANAGEMENT AND ,BUDGET WASHINGTON. D.C. 20503 JUN 3 1980 MEMORANDUM TO HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES Subject: "N https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Proposed Policy on Improved Management and semination of Federal Information On July 25, 1q78 the Office of Management and Rudget published (Federal Register, page 32204) for public comment a proposed policy on the dissemination of scientific and technical information which results from Federal funds. The purpose of the proposed policy was to (1) establish that scientific and technical information which results from Federal funds shall, to the extent possible, be made available to the public, (2) require agencies to select that method for disseminating scientific and technical information which is in the best interests of both the agency and the Government, (3) require, with certain exceptions, that scientific and technical information be made available on a full cost recovery basis and (4) require the National Technical Information Service in the Department of Commerce to maintain a central index of scientific and technical information which is available from the Federal Government. Over 300 comments were received from Federal agencies, libraries, State and local governments, trade associations, members of the public and others. The majority of the comments received supported the objectives of the proposed policy and provided suggestions on ways to improve the policy directive. Among these suggestions were: (1) The policy should be clarified to assure a common understanding of its intent and requirements. In particular, it should be clearly stated that the policy does not mandate the use of the National Technical Information Service by Federal agencies for dissem ting scientific and technical information. (2) There should a greater recognition of the role played by the Federal depository libraries and the private sector in providing public access to federally financed information. •be 2 (3) Whilr: fherrs is a need to better raniige f-ederally .financed scientiri,7 and tf,ehil;col inc(,rmat inn, it will be difficult to roalize significant improvem ent!: witlq,lit addressing some of the broader information poli(717 In particular, there is a reed t(_, '- 71h1ish a nolicy and organizational framework which will permit thes e issues to he addressed. (4) Federal rlepartments and agencies should he permitted maximum flexibility in managing their inr(,, poli on resources, consistent with other pit ,gram responsi bilities. Fow,2ver, there is a need for greater central guidance and coordination. (5) Cost should not become a barrier to public access to federally financed information. 7-‘e,,er, except where required by law, agencies should generally not he reTlied to finance the dissemination of information beyond that required for miion acctilplishment. `N These and the many other comments that were received have been ,irofull (7onsidered in revising the poli cy. While it was not possible to incorporate all of the sugg estions, major changes have been made in the proposed policy to address as uld1,,. ()1 the concerns as possible. . As a result, the policy (enclosed) has been significantly expa nded and is now entitled"Imnroved Managment and Dissemination of Federal Information." While the policy still establishes an index of scientific and technical information, to he managed by the National Technical information it also addresses the issues of public acce ss to federally riminced information and the establishmen t or expansion of information centers by Ffleral departme nts and agencies. The policy also proposes a set of principl es to govern the dissemination of, and public access to, federAfl y !7inanced information. We intend to pulllsh ,Iraft policy in the Federal Register 'Tor comment. In the meantime, I woul d appreciate it if you could review this policy and provide us with comments by July 25, 10. For further information, please contact Mr. Kenneth Allen of my staf f, (202) 395-3785. c.incorelv, I En'7]0!311 . 1- 0 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis no .G raT4p Ijst .,sociate Director for T 711nag(.ment and Regulatory Polic DR A F I. communicating with, or or one educating informing more segments of the public. The distinuushinu characteristic of public is information that the an,:y actively :eeks, in some fashion, to disseminate such informiltion or otherwise make it available to the public. or Data -inn" C'. and technical conduct of federally funded the from resulting knowledge orcanizing, for iecrui!ed and or development, research Such or performing research and development. administering engineers and scientists information is ul-“_-d primarily by encaged in reseaich and development work. structured formally A center" d. "Information with totally or partially unit financed organizational acquiring, Federal funds and established for the purpose of of body a synthesizing and maintaining, retrieving, suecia:ized defined clearly a information and/or data in field or pertaining to •a specific mission with the intent of or otherwise organizing repackaging compiling, digesting, a in data andior information pertinent and presenting logical i timely and useful form. statutory a have agencies Federal Many Background. 4. To responsibility to disseminate information to the public. thi responsibility, agencies currently employ a carry out of Superintendent the including multitude of me chanisms, the programs, library and depository sale Document clearinghouses Service, Techn ical Information National informa tion centers and sales programs, journals and agency and services dissemination industry periodicals, pr ivate Many of these mechanisms are also used activi ties. similar produced information to provide publ ic access to other agency missions, of performance the with connection in for although such i nformation is not specifically developed the purpose cf public dissemination. of information the .amount in the growth Unfortunately, with counied government, the collected and maintained by to provide access to this information, has agency desires https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DRAH Lecu rivE OFFICE OF THE PRE-OW:NT OH-ICE OF MANAGLMENT AND BUDGET V.ASI4ING ION. DC UL)0 DRAFT CIPCULAR NO. A- TO THE HEADS OF EYF'UTIVE DEFAF. Tr.:ENT.F. AND FSTArS':IY.F,NT'7 SUBJECT: Im1L,1ove Vana(jement and D :mination Informa - ion of Federal Purpose. 1. This Circular promulgates policies and responsibilitie regarding the management and dissemination of information held by the Executive Franch of the Federal Government which is produced or created with Federal funds; establishes a comprehensive index of Federal scientific and technical information; and provides guidance the on establishment or expansion of information centers by Executive Branch departments and establishments. 2. Applicability. This Circular applies to all departments and agencies whse budgets are F-.:bject to Presidential review in accordance with OMB Circular No. A-11. Ncthina in thi Circular is intended to supersede existing law and reaulaticns, including, but limited to not the Freedom of Information Act and Act. Fri -.- acy •Where aTolicable the provisions of curient law or regulation shall taKe precedence over the policies 1)rovisions and this of Circular. 3. Definitions. For the purposes following definitions shall apply: or this Circular, the a. "Information" - .The term "information" as used herein is generally intended to mean publications and other documents, such as reports, studies and brochures, which are available in a paper or microform media. however, agencies are encouraged, as appropriate, to apply the policies and principles contained in this Circular to information which is available in other media, such as computer data bases. b. "F- ublic information" Information is which collected, prc,juced or created or by for the Federal Government, with Federal funds, primarily for the -purpose of https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DRAFT • DRAF? 4 both the Finally, there are a multitude of activities in public and private sectors devoted to the Aissemination of While some of activities have been these information. e stablished by law, Federal agencies often have a great deal will be in determining how' information of flexibility disseminated. Unfortunately agencies frequently do not consider all viable options when decidina how to disseminate new and, as a sometimes er:tablish information result, advantacie of tai-zing of dissemination actives instead existing activities. This results in increased costs to the aovernment and the public, increases the size of the Fed,,ral workforce,' contributes to the proliferation of informa -..ion activities, places the government in unnecessary compeon ability of the inhibits the with the private sector and goods and information to provide marketplace private services. Policy Princip es. 5. establisned: The following principles are Government FederAl the a. Public information held by public in an effective, available to the made shall be efficient and economic manner. subject to be shall information All other b. unless exempted by the Freedom public the tc release Information Act, other law, or potentially subiect to claims of privilc.qe in litigation. However, even information which by law, released unless prohibited is exemptable may be executive order or reaulation. Information is not a free good; however, no member c. the public should be denied access to public information economic of because held by the Federal Government solely the Federal Government shall rely particular, In status. free citizen upon the depository library system to provide access to public information. I• through available d. Information mechanism other than the depository library system shall, a made unless required by other law or program oblectives, be costs to the all which recovers at price a available such of the dissemination with associated government in accordance with the released information. Information made be Act shall or Privacy of Freedom Information at such fees as reluired by the appropriate law. available Fees for information shall be waived or reduced when in 'the public interest and permitted by law. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DRAFT • • DRAFT 3 resulted in a continuing proliferation of dissemination mechanisms. The very number of such mechanisms has lesulted unnecessary duplication in and overlap in the information collected or created by the Federal Government; inefficient and overlapping methods of disseminating information; diminished public access to Federal information; and increased costs to the taxpayer. Four particular problems have been identified. First, the large number of hiahly specialized mechanisms for disseminating information has inhabited oe::eral public access to information held by the Federal Government since many of these mechanisms are designed or intended to serve a particular community of interest and are hiahly specialized as to subject matter. While such mechanisms may serve their own community of interest persons well, outside that community may not be aware of the existence of the information being disseminated. Furthermore, while an individual auency may appropriately use a variety of mechanisms and activities to disseminate information, there is frequently no single office within the agency which can identify all the information dissemination activities used by the agency. As a result, persons who desire information from a particular aaency must fiemiently identify and contact a large number of sources. Second, in response to legislative reduirements :ram pre: . or needs, many Federal agencies have established information centers for the purpose of collecting information on a particular subject and making it available to interested parties. Currently there are almost 300 such centers which were either totally or partially federally funded. There is evidence wlich suggests that there has been unnecessary duplication and overlap in the establishment and expansion of such centers. Third, each year the Federal Government acauires a great deal of scientific and technical information through its involvement in research and development. Although much of this information could be used to support activities in the public and private sector beyond the amr,.e:iiate , r:Issa-)n of the spenso:ing agencies, it frocuently is not readily accessible. Individuals organizations and are who interested in locating scientific and technical information held by the Federal Government must freauently contact a large number of different sources. The lack of central a index inhibats public access to this information and reduces the potential value, through wider usage, of the information. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis RAFT • c. their: Establish guidance to be used by agency managers (1) Review of information held agency by the determine if it may be released to the public. ••-• •• • I to (2) Evaluation and selection of most the approp:-:ae method for disseminating agency information. (3) Determination of what price, if any, will be charged for information. d. Assure that the requirements of Title 44 of the. U.S.C. and the regulations issued by the Joint Committee on Printing, U.S. Congress are fulfilled. In particular, each auency shall assure that two (2) copies of those types of aovernment publications cited in Section 1902 Title 44 U.S.C. are provided to the Superintendent of Documents co: inclusion in the depository library program and preparation of the Monthly Catalog of U.S. Government publications. e. Assure that the requirements of Title 31 of the United States Code, Sections 483a, and 686(a), and CE Circular No. A-25, regarding the impositicn of charges for agency services, are appropriately and unifcrmly applied ts7 agency information services. In particular, agency each will establish mechanisms which permit a7ency manager2 -identify the costs of disseminating information. All dirtf.Jt and indirect costs associated with the dissemination of information, including the printing, processing, and retention, shall be identified. The costs of producing or creating the primary information should not be included. 7. Information Centers. It is the responsibility of each aaency head to assure that agency resources are being economically and efficiently managed. In order to avoid the establishment of unnecessary or duplicative inform:-Ition centers and to preclude the unnecessary expendit,,:re ,= taxpayer dollars, each agency head shall implement the following policies: a. No Federal funds will be requested establish to a new information center, or significan-.1y expand an existing one, until the agency has reviewed a: evaluated existing information activities and sources tc ee if they will meet the agency's requirements. At a minimum, this review will include: •• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DRAFT 5 e. The Federal Government shall, in accordance with OY.B Circular No. A-76 and where not inconsistent with law, place maximum feasible reliance upon the private sector to disseminate public information. f. The head of each executive department and ,,-"" establishment, consistent with existina laws, has pr responsibility for determining what information will be r..1J0 available to the public, the methods to be used in makinc it available and the price to be charged. 6. Information Dissemination. The 11,-ad of each executive department and establishment is responsible for assuring that public information held by his or her oraanization is made available to the public in an efficient, economic and effective manner and in accordance with existing He laws. or she as also responsible for assuring an appropriate degree and method of public access to other information which is held by the agency and which is subject to release. •To carry out these responsibilities, each department and establishment shall issue policies and procedures which: a. Implement the principles established in section 5 of this Circular. b. Identify a single office within 'agency to: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis the department or (1) Monitor and coordinate the information dissemination activities of the agency. (2) Assist persons and organizations external to the a7ency in identifying and locating information held by the agency. publications list of aovernment (3) Assure that the required by Section 1902 of Title 44 of the United States Code is provided to the Superintendent of Documents each month. (4) Maintain an inventory of agency including sources, information centers, bibliograrhic data bases and similar activities, which have information that may be of interest and is releasable to the public. (5) Be coanizant dissemination of alternative activities, both public and assist and private, managers in agency selectanc appropriate the activity to.use. DRAFT 8 (3) Work with the Superintendent of Documents and other appropriate organizations to eliminate unnecessary duplication and overlap in the indexing anddissemination of information. b. shall: The head of each executive department and agency (1) Identify, in conjunction with NTIS, those categories of scientific and technical information that will be maintained in the NTIS index. (2) Provide one copy and a bibliographic description of each scientific and technical report, study or similar document, identified in accordance with Section 8(b)(1) above, to NTIS. The manner and method of submission will be developed jointly by NTIS and the agency. Agencies are reminded that compliance with this section does not relieve them of their responsibilities to comply with Title 44 U.S.C. and the printing and binding regulations of the Joint Committee on Printing. Each agency should, where permitted by law, continue to evaluate viable all alternative methods for disseminating or providing access to information, including but not limited to NTIS and activities in the private sector. 9. Reports. a. Within 60 days of the effective date of this Circular, and annually thereafter, each aaency shall publish a notice in the Federal Register which provides information to the public on how they can contact the office identified in Section 6(b) of this Circular. At the same time, this information shall be provided to the Office of Management and Budget. b. Within 180 days of the effective date of this Circular, each agency shall provide a one-zime report to the OMB which identifies what steps the agency has taken or is taking to implement the requirements of this Circular and improve public access to agency information. 10. Supplementary Information. This Circular is beng issued in order to aevelop a framework within which public access to information held by the Federal Government can be improved. It is intended to provide agencies with maximum flexibility in order that they may develop policies, procedures and syStems which will meet agency reauirements https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • DRAFe 7 (1) Publication of a notice in the Federal Register which indicates the agency's intent to establish or expand an information center, the purpose of the center and the subject matter to be included. This notice will permit at least 60 days for comments and suggestions on alternative ways to meet the agency's requirements. A copy of this notice will be provided to the Director, OMB at the time of publication. (2) Completion of any analysis iequired by OMB No. A-76. Circular (3) Certification by the agency head, or his desianee, that the agency review and public comments have not identified viable alternatives to the meeting. aaency's requirements and the proposed center is the most cost-effective approach. b. Compliance with the above requirement does not relieve agencies of their responsibility to submit and justify such reauests for the establishment or expansion of information centers through the normal budaet process. c. Information centers required to be established by shall law adhere to the above procedures to the extent• not inconsistent with the law. e. Scientific and Information. Technical It is hereby established that the National Technical Intormation Service of the Department of Commerce, which is a clearinuhouse for the collection and dissemination of scientific and technical information, will develop and maintain a comprehensive index of scientific and information available to the technical public from the Federal ,Qovernment. More specifically: a. The National Technical Information Service shall: (1) Establish and maintain an index of unclass:fied scientific and technical information which is produced or created with Federal funds and which is releasable to the public. , (2) Identify, in conjunction with the executive departments and agencies, those cateaories of scientific and technical information that will be maintained in the NTIS index and the method of submission. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DRAF1 9 an without imposing and the requirements of this Circular es on For that reason, specific ,guidelin unnecessary burden. However, are not being issued at this time. implementation becomes evident that such guidelines will be issued if it meantime, •questions about this In the needed. are they ice of Management and Circular should be referred to the Off Information Assistant Director for Regulatory and Budget, Policy (202) 395-3785. upon effective is This Circular 11. Effective Date. : • years thee for effect in remain will and issuance that to prior rescinded thereafter, unless superseded or time. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis James T. McIntyre, Jr. Director t I https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 6,_,L7 -t---042.r.,,, EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET - • WASHINGTON. D.C. 20503 May 21, 1980 HENuRANDUM TO THE FEDERAL AGENCY BUDGET OFFICERS swiaLCT:. Survey on i.ederal Funds Distributed to Public Telecommunications Entities - FY 1979 I. Purpose. This request is for information necessary to prepare a "comprehensive and detailed inventory of funds d istributeu by Federal auencies to public telecommunications entities during the precediny fiscal years." This inventory, anu oNB's assistance, was mandateu by the Public Telecommunications Financing Act uf 1978. The inventory is to include information from ail Federal agencies on awards made to public telecommunication enes for services such as: noncommercial radio anu television programs; noncommercial instructional or information materials; tunuinu ot facilities necessary tor prouuction, interconnection, captioning, broadcast or other u istriuution metnods fur public telecommunications programming. 2. Reportiny r6luirewents. • Toe inventory is limited to those g rant's or contract8 which provide tunuiny tor public telecommunications entities in FY 1979. A public telecommunications entity is defined as: any governmental or. nooprotit organization whose purpose is the dissemination or distribution of public telecommunication services to tne public by broadcast or other means. The term public telecommunications services means noncommercial educational and cultural radio and television proyrams, and related noncommercial instructional or informational material that may be transmitted by means of electronic communications. • list of public telecommunications entities is attacheu. if a urant or contract has been awarded to such an entity, it snoulu oe reported in the inventory if its purpose is for: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis .planniny, tacilities or equipment .prouram production sother support for telecommunications services to toe yeneral public • S Certain types of grants or contracts should not Ue reporte:., even thoujn they were awarded to a public telecomfflunications entity iL they are: .Grants which nave no direct bearin.j on public telecommunications services. .Grants used to support services in which the purpose and application of such service is intended 1Jrimarily for the benefit of the Federal a,jency itself. .Funds distributed to an "intermediary" institution or organization by a Federal a(jency which in turn are disbursed to a public telecommunications entity. Examples of such funds are unrestricted CETA or National Endowment grants made to institutions which in turn disburse these monies to a public telecommunications entity. Please submit your response to this inventory not iater tnan June 1, 1960. Submissions should be addressed to: John Dimling -Office of Pianning and Analysis Cooration for Puolic Broadcastiny 1111 16th Street, N.W. .vv'ashington, D. C. 20036 IL assistance or clarification is recluired on completin9 the survey forms, tney litay be obtained by contactin,j Nr. John pii,diny at 202/296-6160 ext. 212. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ames F. Hinchman /Deputy Associate Director Labor, Veterans and Education Division GUIDELINES FOR COMPLETING THE PUBLIC TELECOMMUNICATIONS FUNDING INVENTORY All information and figures to be listed are for FY 1979 grants only. A separate form should be completed for each grant or contract, made to each recipient. Instructions on filling out the attached form Question 1. Federal Funding Source. List department or agency name, or agency name within department if applicable, and organizational unit awarding the fund„.; be as specific as possible. Question 2. Program Information. Name the general authorizing act and indicate the specific title, the Public Law #, the federal program name, and the amount appropriated for the program in FY 1979. Question 3. Recipient of Funds. Enter the name of the public teleconuitunications entity receiving funds during FY 1979. Use the list of some types of public telecommunications facilities and entities supplied in attachments I and II. Question 4. Funding Information. Please specify the amount awarded in FY 1979, in whole dollars, the type of award and any matching conditions. Question 5. Grant or Contract Information. Please indicate the percentages of the grant that were allocated to programming, facilities, general support and any other itemized item. All percentages should total 100. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CORPCION FOR PUBLIC BROADCASIIC III. SURVEY ON FEDERAL FUNDS DISTRIBUTED TO PUBLIC TELECOMMUNICATIONS ENTITIES DURING FISCAL YEAR 1979 1. FEDERAL FUNDING SOURCE: Department or Agency Name Agency Name (Within Department) Organizational Unit Awarding Funds 2. PROGRAM INFORMATION: Authorizing Legislation and Public Law Number Program Name used in Budget Amount Appropriated - FY79 3. RECIPIENT OF FUNDS: Name of Public Telecommunications Entity 4. FUNDING INFORMATION: Amount awarded in FY 1979 Type of award Grant Other (specify) Are their matching conditions? Matching Ratio: Federal 5. Contract Yes No Recipient GRANT OR CONTRACT INFORMATION: What percentage of the grant, award or contract went for the following: a. b. c. Facilities and Equipment General Support Programming On-Air Broadcast NonBroadcast d. Other Support (specify) Total Person Completing Survey (Title) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 100% Telephone Date • • ATTACHMENT I LIST OF PUBLIC TELECOMMUNICATION FACILITIES Licensee LABAMA Alabama Network Birmingham Huntsville Troy WBHM-FM WLRH-FM WTSU-FM Alabama ETV Commission University of Alabama Alabama Public Television Network Troy State University LASKA Anchorage Bethel Fairbanks Juneau KAKM KYUK KUAC KTOO Alaska PTV, Inc. Bethel Broadcasting, Inc. University of Alaska Capital Community Broadcasting, Inc. KSKA-AM KYUK-AM KDLG-AM KUAC-FM KTOO-FM KMXT-FM K9TZ-FM Aurora Community Broadcasting, Inc. Bethel Broadcasting, Inc. Dillingham City Schools University of Alaska Capital Community Broadcasting, Inc. Kodiac Public Broadcasting, Corp. Kotzebue Broadcasting, Inc. KAET KUAT Airzona Board of Regents, Az. St. Univ. University of Arizona KMCR-FM KUAT-AM KUAT-FM KAWC-AM Maricopa County Community College Dist. KUAT-AM KUAT-FM Arizona Western College Anchorage Bethel Dillingham Fairbanks Juneau Kodiak Kotzebue RIZONA Phoenix Tucson Phoenix Tucson Tucson Yuma RKANSAS Arkansas Network Jonesboro ALIFORNIA Huntington Beach Eureka Fresno Los Angeles Los Angeles Redding Sacramento San Bernardino San Diego San Francisco https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Arkansas ETV Commission KASU-FM Arkansas State University KOCE KEET KMTF KCET KLCS KIXE KVIE KVCR KPBS Brd. of Trustees, Coast Comm. Coll Dist. Redwood Empire PTV, Inc. Fresno County Board of Education Community TV of Southern California Board of Ed., LA City Schools Northern California ETV Association Central California ETV San Bernardino Comm. College District Board of Trustees, Ca. St. Univ. & S.D. St. University KQED, Inc. . KQED • San Jose San Mateo KTEH KCSM Santa Clara County Board of Education San Mateo County Comm. College District Berkeley Long Beach KPFA-FM KLON-FM KSBR-FM KUSC-FM KPFK-FM KCSN-FM KPCS-FM KXPR-FM KVCR-FM KPBS-FM KALW-FM KQED-FM KCSM-FM KCRW-FM KBBF-FM KUOP-FM Pacifica Foundation Board of Education High School Dist. State Community College University of Southern California Pacca Foundation Calif. State Univ. of Northridge Pasadena Community College Dist. Univ. Board of Trustees of CSUC San Bernardino Community College Dist. San Diego State University San Francisco United School Dist. KOED San Mateo County Community Santa Monica Community College Bilingual Broadcasting University of the Pacific COLORADO Denver KRMA Pueblo KTSC School District #1, City & County of Denver & State of Colorado University of Southern Colorado Los Angeles Los Angeles Northridge Pasadena Bernardino Diego Francisco Francisco Mateo Santa Monica Santa Rosa Stockton Boulder Denver Ft. Collins Greeley Boulder Community Broadcast University of Denver State Board of Agriculture University of Northern Colorado CONNECTICUT Connecticut Network WEDW Bridgeport Connecticut Educational Telecomm. Corp. Connecticut Educational Telecomm. Corp. WASHINGTON, D.C. Washington, D.C. WETA Greater Wash. Ed. Telecomm. Assn., Inc. WAMU-FM WETA-FM WPFW-FM American University Greater Wash. Ed. Telecomm. Assn., Inc. Pacifica Foundation WUFT WJCT WPBT WLRN WMFE WSRE Board of Regents, State of Florida Community Television, Inc. Comm. TV Foundation of So. Florida, Inc. School Board of Dade County Florida Central East Coast ETV, Inc. Board of Trustees, Pensacola Jr. College FLORIDA Gainsville, Jacksonville Miami Miami Orlando Pensacola https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 411 . • 3 Tallahassee WFSU Tampa Tampa WEDU WUSF Prd. of Regents of Fla. Acting for & on behalf of Florida State University Fla. West Coast Public Broadcasting, Inc. University of South Florida Jacksonville Miami Panama City Tallahassee Tampa WHRS-FM WJCT-FM WLRN-FM WKGC-FM WFSU-FM WUSF-FM School Board of Palm Beach Co., Fla. Community Television, Inc. School Board of Dade County Gulf Coast Community College Board of Regents, State of Florida University of South Florida WGiV WETV University of Georgia The Atlanta Board of Education Georgia State Board of Education WABE-FM Atlanta Board of Education GEORGIA Athens Atlanta Georgia Network Atlanta HAWAII Hawaii PTV IDAHO Moscow Boise Pocatelo ILLINOIS Carbondale Chicago Peoria Urbana Hawaii Public Broadcasting Authority KUID KAID KBGL University of Idaho Id. St. Brd. of Ed. As Trustee for Boise State University St. Brd. of Ed. as Trustee for Idaho State University WSIU WTTW WTVP WILL Southern Illinois University Chicago ETV Association Illinois Valley Public Telecomm. Corp. University of Illinois WSIU-FM WBEZ-FM WNIU-FM WSIE-FM WCBU-FM WSSR-FM WILL-AM WILL-FM Board of Trustees, Southern Ill. Univ. Board of Education, City of Chicago Board of Regents, Northern In. Univ. Southern Illinois University Bradley University Sangamon State University University of Illinois INDIANA Bloomington Evansville Indianapolis WTIU WNIN Wry' Munice St. John South Bend Vincennes W1PB WCAE WNIT WVUT Trustees of Indiana University Southwest Indiana PTV, Inc. Metropolitan Indianpolis TV Asso., Inc. Ball State University Lake Central School Corporation Michiana Public Broadcasting Corp. Vincennes University Carbondale Chicago Dekalb Edwardsville Peoria Springfield Urbana https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Bloomington Indianapolis West Lafayette Vincennes WFIU-FM WIAN-FM WBAA -FM WVUB-FM IOWA Iowa Network Ames Sioux City Cedar Falls Cedar Falls Cedar Rapids Iowa City Iowa City KANSAS Topeka Wichita Lawrence Manhattan Wichita KENTUCKY Kentucky Network Louisville Lexington Louisville Louisville Louisville Morehead Murray Richmond LOUISIANA Louisiana Network New Orleans New Orleans MAINE Augusta Maine Network Bangor Portland https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 Trustees of Indiana University Center for Instructional Radio/TV Purdue University Trustess of Vincennes University State Ed. Radio/TV Facility Board WOI-AM WOI-FM KWIT-FM KHKE-FM KUNITM KCCK-FM KSUI-FM WSUI-AM Western Iowa Technical Community College University of Northern Iowa University of Northern Iowa Kirkwood Community College University of Iowa University of Iowa KTWU KPTS Washburn University of Topeka Kansas Public Telecomm. Service, Inc. KANU-FM ..KSAC-AM KMUW-FM Iowa State University University of Kansas Kansas State University Wichita State University WKPC Kentucky Authority for Educational TV Board of Ed. of Jefferson County WBKY-FM WFPL-FM WFPK-FM WUOL-FM WMKY-FM WKMS-FM WEKU-FM University of Kentucky Louisville Free Public Library Louisville Free Public Radio University of Lousville Morehead State University Murray State University Eastern Kentucky University WYES Louisiana ETV Authority Greater New Orleans ETV Foundation WWNO-FM University of New Orleans WCBB Colby-Bates-Bowdoin Ed. Telecasting Corp. University of Maine WMEH-FM WMEA-FM University of Maine University of Maine • • FIARYLAND Maryland Network Baltimore Baltimore MASSACHUSEifS Boston Springfield Amherst Boston Boston MICHIGAN Detroit East Lansing Grand Rapids Marquette Mt. Pleasant Univ. Center Ann Arbor Berrien Springs Detroit East Lansing' Flint Houghton Inter lochen Kalamazoo Marquette Mt. Pleasant Ypsilanti MINNESOTA Appleton Maryland Public Broadcasting Commission WBJC-FM WEAA -FM Community College Baltimore Morgan State University WGBH WGBY WGBH Educational Foundation WGBH Educational Foundation WFCR-FM WBUR-FM WGBII-FM University of Massachusetts Trustees of Boston University WGBH Educational Foundation WTVS WKAR WGVC WNMU WCMU WUCM Detroit Educational TV Foundation Board of Trustees of Michigan St. Univ. Brd. of Control, Grand Valley St. College Northern Michigan University Central Michigan University Delta College WUOM-FM WAUS-FM 4siDer-FM WKAR-AM WKAR-FM WFBE-FM WGGL-FM WIAA-FM WMUK-FM WNMU-FM WCMU-FM WEMU-FM KWCM Board of Regents, Univ. of Michigan Andrews Broadcasting Corporation Wayne State University Michigan State University Flint Board of Education Michigan Tech. University Interlochen Center for the Arts Western Michigan University Northern Michigan University Central Michigan University Eastern Michigan University Austin Duluth St.Paul KAVT WDSE KTCA Twin City Area ETV Corp. & W.C. Minn. ETV Co. Independent School District No. 492 Duluth-Superior Area ETV Corporation Twin Cities PTV, Inc. Collegeville Duluth Grand Rapids Minneapolis Moorhead Northfield KSJR-FM WSCD-FM KA.XE-FM KSJN-FM KCCM-FM WCAL-FM Minnesota Public Radio Minnesota Public Radio Northern Community Radio University of Minnesota Minnesota Public Radio St. Olaf College Worthington Minneapolis KRSW-FM KUOM-AM Minnesota Public Radio Minnesota Public Radio https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • ISSISSIPPI Mississippi Network Senatobia '1ISSOURI Kansas City St. Louis Springfield Buffalo Columbia Kansas City Maryville Pt. Lookout Rolla St. Louis Springfield Warrensburg IONTANA Missoula EBRASKA Nebraska Network Lincoln Omaha 'EVADA Las Vegas The Mississippi Authority for ETV WNJC-FM Northwest Mississippi Junior College KCPT KETC KOZK PTV 19, Inc. St. Louis Regional Ed'l & Public TV Comm. Springfield Community TV, Inc. KBFL-FM KBIA-FM KCUR-FM KXCV-FM KSOZ-FM KUMR -FM KWMU-FM KSMU-FM KCMW-FM School Dist. 441 Dallas Co., Mo. University of Missouri University of Missouri - Kansas City N.W. Missouri State University School of the Ozarks University of Missouri - Rolla University of Missouri Southwest Missouri State University Central Missouri State University KUFM-FM University of Montana KUON KIOS-FM Nebraska ETV Commission University of Nebraska School Dist. of Omaha, Co. of Douglas KLVX Clark County School District 'KW HAMPSHIRE New Hamphsire Network EW JERSEY New Jersey Network WBGV University of New Hampshire N.J. Public Broadcasting Authority Newark Public Radio, Inc. EW MEXICO Albuquerque KNME Las Cruces Portales KRWG KENW Univ. of NM & Brd. of Ed. Albuguerque Public Schools Board of Regents, NM State University Eastern New Mexico University Albuqerque Las Cruces Ramah KUNM-FM KRWG-FM KTDB-FM University of New Mexico New Mexico State University Ramah Navajo Radio https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • EW YORK Binghamton New York Buffalo Garden City New York New York Plattsburgh Rochester Schenectady Syracuse Watertown WCFE WXXI TgrAirr WCNY WNPE Albany WAMC-FM Binghamton WSKG-FM WNED-FM/WEBR-AM Buffalo Buffalo WBFO-FM Canton New York New York Oswego Rochester .Syracuse Schenectady WSLU-FM WNYC-AM WNYC-FM WBM-FM WRVO-FM WXXI-fm WCNY-FM WMHT-FM AITH CAROLINA North Carolina Network Charlotte WTVI Chaptel Hill Winston-Salem Warrenton )RTH DAKOTA Fargo Grand Forks Frago https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 0 WSKG WNYE WNED WLIW WNET WNYC Southern Tier ETV Association, Inc. Board of Ed. of the City of New York Western New York ETV Association, Inc. Long Island ETV Council, Inc. Educational Broadcasting Corporation City of Net York-Municipal Broadcasting System Northeast New York ETV Association Rochester Area ETV Association, Inc. Mohawk-Hudson Council on ETV, Inc. Public B'Casting Council of Central NY, In( St. Lawrence Valley ETV Council, Inc. Albany Medical College Southern Tier Educational TV Association Western NY Educational Television Assn. The Research Foundation of SUNY for and in behalf of WBFO-FM St. Lawrence University Municipal Broadcasting System Pacifica Foundation University College Rochester Area ETV Assn., Inc. The Public Broadcasting Council of Central New York, Inc. Mohawk Hudson Council on Educational TV University of North Carolina Charlotte-Mecklenburg Board of Education WUNC-FM WFDD-FM WVSP-FM University of North Carolina Wake Forest University Sound & Print United KFME Prairie PTV, Inc. KEYA-FM KFJM-FM KDSU-FM Turtle Mt. Chippewa Indian Reservation University of North Dakota North Dakota State University 8 TIO Alliance Athens Bowling Green Cincinnati Cleveland WVIZ Columbus Dayton Toledo WOSU WPTD WGTE Athens WOUB-AM WOUB-FM WBOE-FM WCBE-FM Cleveland Columbus Columbus Cincinnati Kent Oxford Yellow Springs Youngstown Toledo WOSU-AM WOSU-FM WGUC-FM WKSU-FM WMUB-FM - WYSO-FM WY8U-FM WCSU-FM WGTE-FM OKLAHOMA Oklahoma Network Stillwater Tulsa Northeastern ETV of Ohio, Inc. Ohio University Bowling Green State University Greater Cincinnati TV Educational Foundation The ETV Association of Metropolitan Cleveland The Ohio State University University Regional Broadcasting, Inc. Greater Toledo ETV Foundation, Inc. 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WIPR Department of Education WTJX Virgin Islands PTV System 7IDZ Wichita Falls, TX* T3.asic grant recipient only. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Wichita Fall Educational Translator, Inc. • • ATTACHMENT II PARTIAL LIST OF PUBLIC TELECOMMUNICATIONS ENTITIES Agency for Instructional Television Box A Bloomington, IN 47401 National Association of Educational Broadcasters 1346 Connecticut Avenue Washington, DC 20036 Alaska Public Broadcasting Commission 400 Gambel Street Anchorage, AK 99501 National Public Radio 2025 M Street, N.W. Washington, D.C. 20036 California Public Broadcasting Commission 921-11th Street Suite 1200 Sacramento, CA 95814 Ohio Educational Television Network Commission 2470 North Star Road Columbus, OH 43221 Central Educational Network 5400 North St. Louis Avenue Chicago, IL 60625 Pennsylvania Public Television Network Commission 169 West Chocolate Avenue Hershey, PA 17033 Children's Television Workshop One Lincoln Plaza New York, NY 10023 Public Broadcasting Service 475 L'Enfant Plaza West, S.W. Washington, D.C. 20024 Corporation for Pubkic Broadcasting . 1111-16th Street, N.W. Washington, D.C. 20036 Rocky Mountain Corporation for Public Broadcasting 1603 Sigma Chi N.E. Albuquerque, NM 87106 Eastern Educational Television Network, Inc. 131 Clarendon Street Boston, MA 02116 Southern Educational Communications P. 0. Box 5966 Columbia, SC 29250 Eastern Public Radio Network WGBH 125 Western Avenue Boston, MA 02134 Family Communications, Inc. 4802 Fifth Avenue Pittsburgh, PA 15213 Joint Council of Educational Telecommunications, Inc. 1126-16th Street, N.W. Suite 413 Washington, D.C. 20036 S tate University of New York 60 East 42nd Street, Room 2332 New York, NY 10017 Western Educational Network c/o KAKM-TV 3211 Providence Drive Anchorage, AK 99504 Western Educational Society for Telecommunications Solano Community College P. O. Box 246 Suisun City, CA 94585 Midwestern Educational Television, Inc. 1640 Como Avenue St. Paul, MN 55108 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUrDPU,, WASHINGTON, D.C. 20503 1 7 -;• ,.• I - OFFICE OF FEDERAL PROCUREMENT POLICY May 15, 1980 ARTMENTS AND ESTABLISHMENTS MEMORANDUM TO CERTAIN EXECUTIVE DEP nesses Subject: Goal Setting for Women-Owned Busi ive Order 12138, directed that overall The President, in conjunction with Execut At contracts to women-owned firms. goals be set for awarding Federal prime and $300 million for FY 81 were set based that time, goals of $150 million for FY 80 women-owned firms. on eStimates of the potential for awards to mitment to this program the interim FY With your excellent cooperation and com all trends are sharply upwards. Indeed, 1980 goals were exceeded in FY 1979 and curement Data System (FPDS) shows that, Pro ral Fede the m fro ion rmat info ent rec owned firms. Our response to this in FY 79. $181 million was awarded to womenfor FY 1980, tempered by the realitiy information must consider an increased goal Under these circumstances, a modest that the third quarter is already underway'. for FY 80 and a more substantial ion mill 2 $21 to goal all over the in ease incr increase to $400 million for FY 81 is appropriate. ion, we request that you increase your In order to reacts the FY 80 goal of $212 mill rds to women-owned firms in awa nt eme cur pro your of 25°0 by goal agency's FY 79, or $20,000. whichever is higher. 4.11. P Policy Letter 80-4 which provides for I have enclosed for your information OFP for women owned business. This will be implementing the subcontracting clause ract. included in every Federal government cont s. and your staff to meet the new goal Vigorous efforts are required by your agency er way possible. We look forward to OFPP will be available to assist you in whatev g the President's goals. working with you and other agencies in achievin cL1;0-4(4Jagizal4 Karen Hastie Williams Administrator Enclosure https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -5-0 - AtOR --t;) - 0-4-17 WOMEN BUSINESS OWNER'S GOALS FY 79 Total Proc. Agency ($ millions) FY 80 FY 79 Woman Goal Women Proc. 1,500 5.1 5.5 351 1.2 42.0 70,400 123.4 124.0 Department of Energy 5,700 .5 3.5 General Services Administration 2,200 10.2 ' 20.0 Department of Health and Human Services 1,200 8.4 9.0 288 .5 4.55 1,200 5.2 5.5 365 5.3 5.5 National Aeronautics and Space Administration 4,900 .6 2.0 Tennessee Valley Authority 1,500 .7 2.25 Veterans Administration 2,600 9.8 10.0 Department of Treasury 273 .14 2.0 Department of Transportation 1,500 5.8 10.0 Other Agencies 1,465 4.46 5.7 9.5,443 181.3 211.5 Department of Agriculture Department of Commerce Department of Defense Department of Housing and Urban Development Department of Int-erioc .Department Of Labor TOTAL Approx. Source: Office of Federal Procurement Policy https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis IV https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis E.-;;EC-UTIV":::: OFFICE' OF THE PRESIDENT BUDGET C)11 1,17.:. ••• MEMO!ZANDUNI TO: HEADS OF DEPARTMENTS AND AGENCIES FRO .1 James T. McIntyre, Jr., Director Oc /./ Director Alan Campbell, • ' 1 Office of Personnel Management// 40Eleanor Holmes Norton, Chair Equal Employment Opportunity Commission 1.2'6 fr -63 SUBJECT LIMITATION ON HIRING AND AFFIRMATIVE ACTION On March 14, 1980, the President directed each agency to limit the number of appointments to full-time permanent positions to not more than 50c.', of the number of vacancies occurring after February 29, ,1980. We at EEOC, OMB and OPNI, jointly want to underscore the continuing responsibility of all Federal managers to pursue z-Kressively the recruitment strategies and hiring goals established as part of the FY 1980 Federal Equal Opportunity Recruitment Program (FEORP) and Agency Affirwative Action Program Plans. The'fact that there are current limitations on the absolute number of vacancies available should add impetus to your FEORP and affirmative action efforts because agencies often will be filling critical vacancies in occupations where underrepresentation has been found. Therefore, in assessing the vacancies to be filled, a continuing priority should he given to meeting the goals you have established to eliminate. underrepresentrition of minorities, women, and handicapped individuals in targeted occupations during FY 1980. For the duration of the hiring. limitation, you are requested to convert your previously established numerical goals to percentages in order to ensure continuing agency commitment to affirmative recruitment and hiring. We will evaluate your agency's accomplishments in terms of the effectiveness of recruiting plans, the actual number of positions filled and the net increase in the employment of minorities, women and handicapped individuals. As you know, the President. has voiced strong support for vigorous affirmative action within the Federal government. He has stated that "it is through such programs that we can expect to remove the effects of discrimination and ensure equal opportunities for all Americans." This Administration's commitment to these programs has not .wavered, despite the conditions which necessitate the freeze. We know that we can count en your continuity, support to implement the goals .and objectives of Federal affirmative recruitment and hiring programs. 1115 .••••••• •111111••-.....sa BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM • r Date n To: From: Janet Hart , ,• • • 4;"S. rk. „ ,,* . ,4. • is, ‘`, !,";‘,.•;;Attrt • •• ••S# %,,„ ••• Ir.. • •11 • , • 1:0, l• •.•"" • • „ * -*A 14- •• • • , ;-• . 441.. it •%** Ohrr:•... ,P.A 7 '-' 4 n 7 7 n' nn -I rid -i -,ridu ; 1,11t I don't., fr,p1 it rirnro,.-rinto for Rom st fr to 1,1kr, ni-,11 •-m:-;it' on no1 't (-11 Pxcc?ot with Rolrd nnnrov-11 -hrr r'1'1.4",nr1 to Board rr,snonsibil ties, so Pm r-,t.11rn; s 4.o vr" , j •-• rri rrIr - V ( 1 Phone me re attached ) For your information - , A I ) For comments and suggestions ( ) Per Conversation -- ; r1-1 •.'" . .••••• ' •••, 1.. _LL• -'1•A ""- -•'•••• -v.'. 9. " 4 rt.. ;11114Cir. Zr.4141111e"-1"-11: cwwwessm • ..%.• """- ;1-‘441SAiZ-476.-tt‘ • ',••• '''• r 4 • A -, • • .. .• • •• • - • • • " a - ..•••,.o, •- „.0 • , r5 • - , • r.... • r. . .. ... • -... -- •••"• r . *at. • e yr, •*. L.* : ' '. . t1:1• % -••••• lp • •••• t7.„ • 1 • , • ., • • ••• *WV% ek 5. , - • 1 • • 1:.• •. ' 7 "s` *;01101,....::430.20NAlaikareVONAMOMMEWW?!...!MIC4411141•:-.4.-.4••••••••••16•Mhis.okniaraiwair.•..5.4 alp .' •.... . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis i•••• •• ;ire" ,11•115 • r '`• • r •. %%or- .6. ; , • ;• • dk- )41 41,73. att-••&••• • _. -••e • ..• • 14A •• * %V". • .• J.•••• •1 ,A , , -r„f • 444 : Ae ••NYout .- 8tii.A.*:144 A.‘ 41 :•71 , 19F r•._ „ a • MEMORANDUM • THE WHITE HOT -SE • WASHINGTON , C• I I '• 1,8 April 30, 1980 MEMORANDUM FOR MEMBERS OF THE CABINET AGENCY HEADS FROM: RE: JACK WATS° SARAH WED TON Equal R . Amendment As you know, the President wholeheartedly supports the ERA. We need your help in our efforts to secure its ratification and to achieve equality for women under the Constitution. It is likely that the ERA will come before the Illinois legislature within the next month. The political season focuses special attention upon it. It is important for all Administration spokespersons to do the following: - Raise ERA in speeches and press conferences in the unratified states. These states are: Illinois, Missouri, Nevada, Utah, Arizona, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Arkansas, Louisiana, Oklahoma, Virginia. - Reiterate the strong support of the President and the Administration in all press opportunities. - Speak on ERA in addresses to national conventions of a broad range of organizations to show this issue as a domestic policy initiative of importance. Sarah Weddington will personally be available to assist you in this matter. Her staff is available to assist members of your staff in answering questions or tailoring materials to particular audiences (Linda Tarr-Whelan at 456-6585). Attached are "Talking Points on ERA," a copy of the U.S. Civil Rights Commission booklet on ERA, "Statement on the Equal Rights Amendment," a copy of the "Summary of the Efforts of the Carter Administration for Passage of the ERA," and a question and answer guideline. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2- wdtt dre y A th co EfRsfApi ai s b lni ce ik lin g o as usis9 sid e nt p in Your cooperation in this matter would be appreciated. Attachments 4 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis April 1980 PASSAGE OF THE ERA The Efforts of Jimmy Carter NATIONWIDE VISIBILITY FOR A NATIONWIDE ISSUE President Carter actively uses the prestige and influence of his office to promote passage of the Equal Rights Amendment. He has been meeting monthly with presidents of major women's organizations to map out plans for the 1980 state legislative season. The first consultation was held December 13, 1979, and the meetings have continued through the spring of 1980. In January 1980, the President designated Juanita Kreps, former Secretary of the Commerce Department, to represent him in the National Business Council for ERA; which is spearheaded by the National League of Women Voters. The council is composed of chief executive officers, heads of boards and other top business leaders who are lending their names and influence in full support of the ERA. Polly Bergen is working closely with business leaders in this effort. The President has participated in White House briefings to encourage passage of the ERA, including meetings to build stronger coalitions of proponents and a session scheduled for May 15 with national business leaders to seek their more active support of ratification. Mrs. Carter also participates in strategy sessions at the White House with political consultants, ERA supporters and others to help organize campaigns in unratified states. Members of the First Family regularly discuss the ERA with key legislators from unratified states and often telephone state legislators and elected officials to enlist their support for the ERA. A STATE-BY-STATE STRATEGY The White House has planned briefings for state leaders from unratified states where a vote is possible. To broaden the constituency of active ERA support, the White House held a briefing on February 12 for religious, business, labor, minority and other civic leaders from four unratified states — Florida, Georgia, Illinois and Missouri. Besides establishing links between ERA activists and community leaders, the goal of the session — and future ones like it — is to heighten national visibility for the issues involved in ratification. Activism is one of the President's goals as he works for the ERA. "If everyone who told the pollsters they favor equal rights told their legislators the same thing, the votes would shift for ratification," President Carter told his White House guests. Carter Administration efforts on behalf of the ERA are coordinated through the office of his senior advisor, Sarah Weddington. In 1980 her staff has traveled to Missouri, Illinois, Florida, Georgia and Oklahoma to work with legislative and community leaders of ERA coalitions. They meet in weekly ERA strategy sessions https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 3 President Carter directed members of his Administration to address the ERA as a national issue and to stress its passage in their contacts with the press and public and in their speeches across the country. The President includes his support of the ERA in speeches before a variety of audiences on numerous occasions. In the past he has spoken out for the ERA in speeches such as: State of the Union address before the Congress, 1980 State of the Union address before the Congress, 1979 Joint session of the Georgia legislature, 1979 Joint session of the Illinois legislature, 1978 Democratic Mid-Term Conference, Memphis, December 8, 1978 Dinner for Carter-Mondale campaign, Washington, October 24, 1979 Support by First Lady Rosalynn Carter Since she was First Lady of Georgia, Mrs. Carter has actively supported the ERA. In speeches, at fund-raisers and press conferences across the nation, she has emphasized the urgent need to ratify the ERA. At the White House she gives the issue visibility by receiving organizations ranging from the Coalition of Labor Union Women to the League of Women Voters and the Religious Committee for the ERA. Mrs. Carter worked diligently, often behind the scenes, during the spring and summer of 1979. She invited key legislators to the White House and telephoned officials in unratified states. In July 1979, she sponsored a meeting for political consultants, state legislators, ERA supporters and others to plan strategy for the ERA. On October 23, 1979, President and Mrs. Carter sponsored a Presidential Salute to the ERA, drawing more than 800 people to the White House to emphasize the need for the ERA and to demonstrate its broad base of commitment. Support by the President's Advisory Committee for Women At the request of President Carter, the President's Advisory Committee for Women (PACW) held a day of hearings on the ERA to receive testimony from supporters in unratified states. These hearings, on October 23, 1979, were followed by a meeting of the PACW with the President to advise him on how he could assist ERA ratification. Committee members met with him again in January to present a follow-up report. PACW regularly advises the President and his White House staff on ERA ratification strategy. Lynda Johnson Robb, chair of the PACW, and members of the committee often speak before a variety of audiences in support of the ERA. Support by White House Staff Since her appointment, Sarah Weddington, Assistant to the President, has been speaking, attending meetings and fund-raisers for ERA, working with ERA https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis at the White House with leaders of women's organizations, labor, business, religious groups, minority organizations and education associations. A HISTORY OF PRESIDENT CARTER'S SUPPORT President Carter has never waivered in his outspoken support of the ERA. In public statements, in interviews with the media, in directives to members of his Administration, he has made clear his commitment to ERA ratification. Support as Governor 1974 - The halls of the Georgia state capitol were filled with anti-ERA demonstrators, waving red stop signs and upbraiding legislators. Jimmy Carter was governor. It took strength to support the ERA in those days, in that state. Jimmy Carter did. His support has continued from that day, both in words and action. Support as President Efforts for Extension - During the fall of 1978, President Carter and Vice President Mondale turned seven Congressional "no" votes into "yes" votes to pass legislation extending the ERA ratification deadline. The extension of the deadline was critical to the ERA. (Thirty-five states have ratified the ERA, and three more are needed for it to become part of the Constitution.) Mrs. Carter held a White emphasize the importance of Senators to her home to hear explained how the lack of equal House briefing for key Administration officials to the extension. Mrs. Mondale invited wives of from ERA supporters and individual women who rights protection had affected them. Sarah Weddington, then Special Assistant to the President, convened regular meetings with ERA supporters — near the time of the vote, they met daily — to coordinate efforts. The Vice President assigned a staff person full-time and the Congressional liaison office assigned two staff persons to work with Ms. Weddington on this effort. Vice President Mondale remained in Washington rather than attend the funeral of Pope John Paul I in order to preside over the Senate when the final vote was taken. Efforts for Ratification - In early 1979, the President turned his attention back to crucial votes in the states which have not ratified the amendment. North Carolina and Florida were considered pivotal, so the Administration poured time and energy into those states. During the spring of 1979, the White House assigned a full-time consultant to assist elected state officials. The President's top assistants met regularly with leaders in the ERA movement. During the summer of 1979, the President supported media education on the ERA in efforts such as his statement to 34 national magazines for articles on the amendment. This communication effort, spearheaded by Redbook's Sey Chassler, resulted in nationwide publicity for a nationwide issue. • -,t QUES111,1S AND ANSWERS ON THE ERA. Question: Do we really need a new Constitutional amendment? Isn't the 14th Amendment enough to guarantee equal rights for women? Answer: The 14th Amendment was intended to apply to discrimination . because of race or previous condition of servitude. The courts have interpreted it to apply to sex discrimination in only a limited number of areas. Question: How about Title IX of the Education Amendments of 1972 and the Equal Pay Act of 1963. Aren't they enough? Answer: While both laws have resulted in some gains for women, there are several limits to their effectiveness. Title IX applies only to federally-funded educational institutions and is enforced by the Department of Health and Human Services. _ The Equal Pay Act does not cover all occupations and though it has been on the books since 1970, women still earn only 59ç for every dollar earned by men. Question: What would a new constitutional amendment accomplish? Answer: The Equal Rights amendment would establish a single, not a dual system of justice, since the basic principle of the amendment is that sex is not a permissable factor in determining legal rights for anyone. The basic principle of the ERA is not that men and women are the same, but that the law cannot treat them differently solely because of their gender. Discriminatory laws would not be possible on the basis of psychological or social characteristics that through custom have been attributed to women - such things as passive attitude, degrees of physical strength, lack of ability to reason, etc. Question: Won't ERA take jobs away from men with families to support and give them to women who don't need them? Answer: Over seven million women are now heads of households with dependents to support. Additional millions work outside the home to provide a necessary supplement to family income. In the vast majority of cases, women earn less than men, regardless of perfor mance. Question: Will the ERA invalidate state laws which require a husband to support his wife? https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis .4 • •-•• supporters and elected state officials, and responding to requests for assistance on the ERA. Representatives from Sarah Weddington's office are meeting with key people in states where a vote on ratification is likely. Her staff also conducts weekly ERA strategy meetings with leaders of women's organizations, labor, business, church groups, minority organizations and education associations. At the request of the White House, Mariwyn Heath of Business and Professional Women's Clubs assists the Administration in ERA support activities. Support by Judy Carter Judy Carter, daughter-in-law of President and Mrs. Carter, travels extensively-on behalf of the ERA making speeches, attending fund-raisers and conducting fact-finding trips to unratified states for President Carter. Her ERA work has taken her to Illinois, Indiana, Florida, Texas, Missouri, North Carolina, Arkansas, Kansas, New Mexico, New York, Minnesota and all parts of Georgia. She is a leader in Housewives for ERA. She has written six articles on ERA published in Redbook, the Atlanta Constitution, and the Los Angeles Times. Judy Carter appears before women's organizations and Democratic party functions, and participates in interviews for newspaper, TV and radio reporters. Continued Determination On October 23, President Carter summed up what needs to be done to win passage: "We've got to divide up the responsibility; we've got to organize our own forces effectively; we've got to share information; we've got to put aside the inclination that we all have to find a scapegoat on which to blame a temporary setback; we've got to share information about progress; and we need never to be deterred. Our course is a proper one, our time is right. And I predict that next year we will win. I'm determined to do so if you'll help me." Prepared by the Office of Sarah Weddington https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 0 -3 Answer: Possibly. Companies are not prohibited from paying more in benefits to men than to women solely because, on the average, women live six to nine years longer than men. Such gender bas 1classification has been prohibited since the Equal Pay Act of 1964 was passed, but the Labor Department is still working on guidelines for implementation. ERA would require enforcement of the law. Question: Will ERA repeal labor laws that protect women? Answer: Such laws will have to be either repealed or extended to cover men. Most such laws are already invalid under Title VII of the Civil Rights Act. Groups that originally opposed ERA because they valued protective labor laws have come to realize that most such laws were repressive, not protective, and kept women out of the best and highest paying jobs. Question: Will ERA mean that all schools and colleges must be coeducational? Answer: Any school that received federal or state funds would have to be open to both men and women. Strictly private institutions that do not receive such monies could remain segregated if they so chose. The question of awarding government scholarships to students in sex-segregated schools and the question of whether tax-exemption constitutes federal assistance are still being debated. Question: Will ERA make it easier for women to get credit? Answer: Women are legally entitled to credit on the same basis as men under the Equal Credit Opportunity Act of 1975. A woman may apply for credit on the basis of her own income; she may not be asked her marital status, Or anything about her birth control practices - only questions relevant to her ability to repay a loan. ERA will reinforce this law. Question: Will passage of ERA increase my benefits under Social Security? Answer: Possibly. There are some gender-discriminatory aspects of present Social Security law, and those would be corrected. The entire system is currently under review, and many inequities are suffered by women because of discrimination in other areas employment, for example. So, ERA might help indirectly as well as directly in improving benefits for women. Question: Will ERA cause insurance rates for women to rise? Answer: Some rates may rise and some may fall. It is believed that ERA will prohibit use of gender-based actuarial tables for determining rates. While life insurance rates may rise for some women, certain other types of insurance such as disability coverage and some medical benefits that have been unavailable or extremely expensive for women will become available at rates not based on gender. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis I ' Answer: Courts have not always upheld the wife's right to financial support from her husband. The ERA would recognize marriage as a partnership in which both husbands and wives share benefits and the value of a wife's contribution as a homemaker is fully acknowledged. Question: Will the ERA change abortion laws? Answer: The ERA has absolutely nothing to do with abortion. The 1973 decisions of the Supreme Court in regard to abortion were not based on the ERA or any equality principle in the Fourteenth Amendment. Question: - Will the ERA force men and women to use public toilets together? Answer: No. Privacy rights would in no way be affected by the ERA. Men and women already use the same bathrooms on airlines and other public carriers without a loss of privacy. Question: Will the ERA mean that women will be drafted? Answer: No. Congress already has the power to draft women as well as men. ERA will enable women to get a fair share of the military jobs and any benefits that may accrue from military service. Question: Will the ERA legalize homosexual marriages? Answer: Absolutely not. State laws on prohibited marriages will not be affected. Question: Will there be a whole new Federal bureaucracy set up to implement the ERA? Answer: No. President Carter has indicated that it is not his intent to use Section 2 of the Amendment to create a new Federal bureaucracy. Question: Will it be possible under ERA for a husband to disinherit his wife? Answer: This is now possible in only two states, North Dakota and South Dakota. It is believed that more equitable marital property laws will result from ratification of the amendment. This would protect the rights of women to an equal share of assets accumulated during a marriage. Question: Will I be responsible for my husband's debts if ERA passes? Answer: You are responsible for them now. Laws in some states protect certain assets of a wife from her husband's creditors. Such laws could stand under ERA if they were extended to cover men in similar circumstances. Question: Will employed women receive larger pensions at retirement if ERA is ratified? https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Votes are expected in Florida, Georgia, Missouri and North Carolina in 1981. With the continuing commitment to a dream of full equality for women and men, we shall soon celebrate the day when the ERA is the law of the land. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • • ba• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis TALKING POINTS ON ERA 1. President Carter and his Administration support pass age of the Equal Rights Amendment to achieve equality for wome n under the Constitution. 2. The Amendment is a simple document, "Equality of Righ ts under the law shall not be denied or abridged by the Unit ed States or by any State on account of sex." 3. The Amendment is necessary for the following reas ons: • Women do not currently enjoy the same constitu tional protection extended to men. • Court decisions have declined to extend cons titutional protection to women, even under the Fourteenth Amendment. • In principle, women should not be treated differently simply because of their sex. It would be unfair and regrettable if the country were to turn down this principle by rejecting the ERA. • Because of the movement toward equality and the ERA, many discriminatory laws have been repealed. However, this movement toward equality could move backward s if the ERA is rejected and discriminatory laws coul d again be passed in the future. • The U.S. Civil Rights Commission has shown ther e are 800 Federal laws alone where there is a difference in the treatment of men and women. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2 * Women's rights currently vary from state to state; if a woman moves or crossed a state line, her rights change. 4. President Carter and Mrs. Carter have been working for the passage of the ERA in public and private ways. In part: • The President has used the prestige of his position to support the ERA by its inclusion in major addresses and by published statements. • Numerous contacts on behalf of the ERA have been made with legislators and elected officials in unratified states. • The President has been meeting with the Presidents of national women's organizations on a regular basis during the legislative season in the states to help coordinate strategy. • Major briefings have been held, and are planned for leaders of business, labor, civil rights, religious and other community organizations to help build a broadened base of support. 5. Passage of the ERA is a cornerstone of the human righs policy of this Administration. President Carter has said: "This is a human rights issue." (1979 ERA Salute) "And our Nation must make it clear that the legal rights of women as citizens are guaranteed under the 104i, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 3 laws of our land by ratifying the Equal Rights Amendment." (1979 State of Union Address) "Because the principle of equality between man and women could be changed easily to reduce current safeguards - The only way to achieve full legal equality for women is to ratify the Equal Rights Amendment." "It simply gives women the legal rights that every human being deserves and that American men now enjoy." I do not believe my daughter should have fewer rights than my sons." "Only an Amendment in our Constitution can guarantee women the same rights and opportunities." (1979 Statement of National Magazines) 4147 _LpE.' May 30, 1980 The Honorable Esther Peterson Special Assistant to the President for Consumer Affairs The White House Washington, D.C. 20500 Dear Ms. Peterson: Chairman Volcker has asked me to respond to your May 7 letter commenting on the summary of the Board's consumer program pub— lished last December. I am grateful for this opportunity to respond to your concerns. You ask "whether there is a regular mechanism to permit DCCA to analyze the consumer impact of decision documents generated by other divisions of the Board." As director of DCCA, Janet Hart regularly receives the agendas of all Board meetings, decides which sessions to attend, and, when appropriate, presents consumer considerations to the Board on consumer—related issues. I should add, however, that the role of DCCA is not perceived as that of advocating either consumer or creditor viewpoints. The role of advocate is taken by members of 4 the Consumer Advisory Council, who Present the views of both consumers and creditors on issues of concern to the Board. As you know, there are several highly qualified consumer advocates on the Council. The responsibility of DCCA, rather, is to present to the Board, in a clear and consistent manner, the concerns of, and implications of its actions for, consumers and creditors alike. You also ask that the Board explore additional opportunities for public participation beyond the formal rulemaking process, such as "regular forums between Board management and consumers on issues of mutual concern." The Board and Board members do seek the views of consumers on issues of special concern — most recently in connection with the consumer credit restraint program. And, from time to time, the Board holds public hearings on important issues, as it did in implementing the Community Reinvestment, Equal Credit Opportunity, Fair Credit Billing. and Electronic Funds Transfer Acts. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis The Honorable Esther Peterson -9- For regular contact, however, the Board relies on its Consumer Advisory Council to present the consumer viewpoint (as well as that of creditors) on issues facing the Board. This direct method of consumer interaction with Board members, which is expressly mandated by statute, is believed by the Board to be the approach best suited to ensure that the interests of consumers are communicated to it. Finally, you request additional information about the analysis of consumer complaint trends and how they are reported to division management, as well as how complaint handling procedures are evaluated. Beginning this year our consumer affairs specialists analyze and prepare a written evaluation of the consumer correspondence from each of the twelve Federal Reserve Banks. A senior official in DCCA reviews each of these semi-annual evaluations, which are then forwarded to the Reserve Bank for appropriate action. In addition, DCCA's consumer correspondence file is circulated every two weeks to division management for review. In instances when a particular consumer issue is being researched by the division's legal staff, the consumer affairs specialists are frequently asked to provide specific information about the number and types of complaints concerning that issue. The consumer complaint handling procedures of the Reserve Banks are evaluated in two ways. First, a follow-up letter is sent to all complainants. This letter solicits their comments and suggestions concerning the resolution and handling of their complaints by Federal Reserve staff. Second, an on-site review is routinely conducted every third year at each Federal Reserve Bank, during which complaint handling procedures used by the Bank are checked against those issued by the Board. More frequent reviews are conducted if the need is apparent. As you may know, the Board has submitted to your office an updated summary of its consumer program to be published with other agency programs on June 9. The document was revised to clarify certain aspects of the program that were the subject of consumer comments. Please feel free to call me or Ms. Hart at any time when you have a question about the Board's programs. Sincerely, Nancy H. Teeters bcc: Sandy Wolfe AMBray/Rallows:pac 5/28/80 WH-47 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis S . THE WHITE HOUSE WASHINGTON May 7, 1980 Dear Chairman Volcker: I want to thank you and the Federal Reserve Board for your participation in the implementation of the Consumer's Executive Order (12160) by voluntarily publishing a draft consumer program in the Federal Register. I am very much aware that the Board, as an independent agency, is under no obligation to implement the Executive Order; so the publication of your agency's consumer program is truly a tangible demonstration of your commitment to America's consumers. Over the past several weeks, my staff and I have been evaluating the draft consumer programs in light of the specific requirements of the Executive Order and the guidelines we issued last October. We have been focusing on the draft programs of those agencies required to comply with the Order (primarily Cabinet Departments), but we have been able to examine the programs of the independent agencies as well. If I may, I would like to take a few moments to outline my thoughts about what the Board is doing, and proposing to do, in the area of consumer affairs. Of course you are free to use these comments as you wish; however, I do hope that you will give our observations your careful consideration. You may recall that the Executive Order addresses the following five aspects of Federal consumer affairs activity: o o o o o Consumer perspective in agency decisionmaking; Opportunities for consumer participation; Informational materials for consumers; Education and training of agency staffs; and Complaint handling. The Order also asks each agency to appoint a senir-level official to oversee its consumer program. Against this background, my staff has looked at your agency's consumer program. Our analysis shows that the consumer program of the Federal Reserve Board meets several of the criteria of a sound consuper program as described in the Executive Order, but I do have several questions and suggestions. I am glad that the Board has established a Division of Consumer and Community Affairs (DCCA) to be responsible for administering 1 / 1 - , • -, • i ... Rece•Lved CO-Cii. Log No. •,.•7.7-‘"."_CY, Date Out https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 2- a number of consumer-oriented statutes, such as the Truth in Lending Act and the Fair Credit Billing Act. I am also pleased that the Board has published a Consumer Handbook to Credit Protection Laws and a pamphlet on How to File a Consumer Complaint, and appreciate the fact that the Consumer Advisory Council is functioning satisfactorily and is providing valuable advice to the Board on policy issues. My questions and suggestions are as follows: o The section on "Participation in Development and Review of Agency Rules, Policies, Programs, and Legislation" is very general. You may want to provide some examples of past involvement. Also, it is not clear whether there is a regular mechanism to permit DC:CA to analyze the consumer impact of decision documents generated by other divisions of the Board. We believe that every agency of the government should provide its consumer office or its consumer program director with the authority to furnish the agency head with an independent assessment of potential consumer impact arising from all agency decisions I hope that your revised program will provide such authority to a designated individual who can be responsible for overseeing the Board's consumer activities. o Opportunities for public participation appear to be confined to rulemaking but I wonder whether additional opportunities can be provided. Have you examined, for instance, the establishment of regular forums between Board management and consumers on issues of mutual concern? o I appreciate the fact that the Board has established procedures for consumers to file complaints, but it is not clear how complaint trends are analyzed and reported to management or how complainthandling procedures are evaluated. Again, I am grateful to you and the Board for what you are doing, and plan to do, for consumers. I am also grateful for the cooperation and assistance of Ms. Anne Marie Bray who has worked https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • - https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • with us in implementing the Order. I look forward to working with you as we prepare to publish the final consumer programs in June of this year. I am confident that by working together, we shall succeed in making the Federal government more responsive to the needs of consumers. °57:7°". e Sincve. Esther PetersOn Special Assistant to the President for Consumer Affairs The Honorable Paul A. Volcker Chairman, Board of Governors Federal Reserve System 20th Street and Constitution - Avenue NW Room B-2046 Washington, D. C. 20051 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 OFFICE OF FEDERAL PROCUREMENT POLICY APR 2 9 1980 MEMORANDUM TO HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: OFPP Policy Letters Attached for your information are advance copies of three OFPP Policy Letters, as follows: 1. Policy Letter 80-2, Regulatory Guidance on Section 211 of Public Law 95-507 2. Policy Letter 80-3, Regulatory Guidance on Public Law 95-563, the Contract Disputes Act of 1978. 3. Policy Letter 80-4, Women's Business Enterprise Program. These Policy Letters have been sent to the Senate Governmental Affairs Committee and the House Government Operations Committee in accordance with section 8(h) of the OFPP statute. They have also been forwarded to the Federal Register for publication. All the policy letters become effective on June 1, 1980. Karen Hastie Williams Administrator https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EXECIPTIVE OFFICE OF THE PRESIDA OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OFI.ICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy Subcontracting Under Federal Contracts Management AGENCY: Office of Federal Procurement Policy, Office of and Budget. Policy Directive providing amendments to the Federal ACTION: n Regulation Procurement Regulations (FPR), the Defense Acquisitio Administration (DAR), and the National Aeronautics and Space Procurement Regulation (NASAPR). ts to the FPR, the SUMMARY: This Policy Directive sets forth amendmen of Public Law 95DAR, and the NASA PR in implementation of section 211 507. c Law 95-507 On October 24, 1978, the President signed into law Publi Investment Act of amending the Small Business Act and the Small Business subcontracting under 1958. Section 211 of Public Law 95-507 relates to federal contracts. ent Policy published On January 16, 1979, the Office of Federal Procurem atory guidance in the Federal Register (44 Fed. Reg. 3340) proposed regul , final regulatory regarding section 211 Subcontracting). On April 20, 1979 published in the guidance directing changes in the DAR and FPR was Federal Register (44 Fed. Reg. 23610). Policy published On October 29, 1979, the Office of Federal Procurement proposed changes for comment in the Federal Register (44 F.R. 62093) . The October 29, supplementing the guidance published on April 20, 1979 II thereof, proposed 1979 publication also included for comment, in Part with respect to both the data collection formats. Comments were received osed data collection subcontracting regulatory guidance and the prop regulatory guidance formats. The final changes to the subcontracting of those comments. summarized below reflect the views in some formats are still being Comments received regarding the data collection will be published in the near considered, and final versions of those formats future. subcontracting regulatory Several significant features to be found in the guidance are as follows: 1. dvantaged Business The Small Business and Small Disa negotiated and Subcontracting solicitation provisions, for both https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ;: advertised procurements, have been expanded. Many of the earlier instructions to contracting officers -- especially those requiring that officer to impose certain subcontract plan I requirements on the offeror (or bidder) -- have been incorporated into the solicitation clauses. 2. The regulatory guidance, as well as the solicitation clauses, contains a definition of the term "subcontract." 3. The instructions to the contracting officer sections now cover contracts with options and similar provisions, and letter contract4. s. 4. With respect to "commercial products" the plan to be submitted by the contractor and reviewed and approved by the Government will now cover not only the commercial product being procured under the immediate contract, but the company's or division's production generally. Also, if the contracting officer finds that the product being procured differs only insignificantly from the contractor's commercial product, he may regard the contract product, for the purposes of the subcontracting plan provision, as a commercial product. Finally, the contractin,g officer may ask another agency (e.g., an agency with the preponderance of the contracts with the contractor) to review and approve the contractor's plan for commercial products. DATE: The changes set forth herein will be effective June 1, 1980. FOR FURTHER INFORMATION CONTACT: 0,ven Birnbaum, Deputy Associate Administrator for Acquisition Law,(202) 395-3455. Karen H. Williams Administrator DATED: April 29, 1980 2 • • • EXECUTIVE OFFICE OF THE PRESIDENT Ct C OFFICE OF MANAGEMENT AND BUDGET 47 „ Ikr' tzt • WASHINGTON, D.C. 20503 OFFICE OF FEDERAL PROCUREMENT POLICY POLICY LETTER 80-2 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Regulatory Guidance on Section 211 of Public Law 95-507. There is a need in Government for uniformity and consistency in the application of procurement policy. This directive provides the uniform policy applicable to Section 211 of Public Law 95-507. The clauses and The regulatory coverage that follow articulate this uniform policy. Defense Acquisition Regulations (DAR), the Federal Procurement Regulations (FPR), and the National Aeronautics and Space Administration Procurement Regulations (NASA PR) shall be amended to conform to this policy. This guidance supercedes in its entirety the guidance previously published in the Federal Register on April 20, 1979,(44 F.R. 23610). A. UTILIZATION OF SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS (OVER $10,000) The following clause shall be included in all contracts over $10,000 except (I) contracts for services which are personal in nature and (2) contracts which will be performed entirely (including all subcontracts) outside any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency. (b) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys as may be conducted by the Small Business Administration or the contracting agency which may be necessary to determine the extent of the contractor's compliance with this clause. (c) n" (I) As used in this contract, the term "small business concer of shall mean a small business as defined pursuant to section 3 S • ons promulgated ti la gu re nt va ss Act and rele the Small Busine pursuant thereto. by d and controlled e n w o n er nc co ll business viduals" shall mean di in d (2) The term "sma ge ta an dv omically disa socially and econ oncern— a small business c ore wned by one or m o m u t n e c r pe ast 51 individuals; or in d (i) which is at le ge ta an dv sa di omically least 51 per at , socially and econ ss ne si bu d e n w publicly o one or more by d the case of any e n w o is h d ock of whic ged individuals; an centum of the st ta an dv sa di ly al ic socially and econom operations are ss ne si bu y il da d ment an (ii) whose manage such individuals. of e r o m or e n o by controlled d at socially an th e m u s e r p shall include Black s The contractor al du vi di in d dvantage Americans, ve ti economically disa Na , s n a c i r anic Ame ties, or any ri no Americans, Hisp mi r he ot d ricans, an all Asian -Pacific Ame taged by the Sm an dv sa di be to und n 8(a) of the io other individual fo ct se to nt ua rs ration pu Business Administ Small Business Act. written on ly re y a m h fait a s acting in good or ct their status as ra g nt in Co rd ga re (d) rs to their subcontrac ern owned and nc co ss ne si representations by bu l ncern or a smal co ss ne ged individuals. si ta bu an dv l sa di smal ly al ally and economic controlled by soci (End of Clause) . B. DEFINITIONS https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ed members of nam e ar ey th at th y , wners who certif tive Americans Na s, an ic er Am 1. Business o ic d ericans, Hispan ed socially an er id ns co be groups (Black Am ericans) are to m A ic if ac -P n Asia sadvantaged. economically di Indians, Eskimos, n a c i r e m A s n a e m ans" Americans" ic "Native Americ if ac se -P ra an ph si e "A h m T r te 2. China, the Hawaiians. The n, pa ve Ja ti na m o r d f an e Aleuts whose origins ar Territories t ns us ze Tr ti ci S. U. e S. th U. , am means orea, Samoa, Gu ambodia and Taiwan. K m, na et Vi s, Philippine Marianas, Laos, C rn he rt No c, fi of the Paci 2 • Other individuals may qualify as socially and economically 3. disadvantaged under procedures which have been separately established by the Small Business Administration at 13 CFR 124.11(3)(iii). 4. The Office of Minority Small Business and Capital Ownership Development in the Small Business Administration has the final authority to determine the eligibility of a concern to be designated as a small disadvantaged business and shall answer inquiries from prime contractors and others regarding such eligibility. 5. The term "subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract. SMALL BUSINESS AND SMALL C. SUBCONTRACTING (NEGOTIATED). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DISADVANTAGED BUSINESS All solicitations for negotiated contracts or negotiated amendments or modifications (including contracts, amendments, and modifications placed on a sole source basis), except those for procurements and setasides pursuant to section 8(a) and section 15 of the Small Business Act as amended, which individually are expected to exceed $500,000, or in the case of contracts for the construction of any public facility, $1,000,000, and are required to include the clause entitled Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals, shall include a provision which requires the apparent successful offeror, provided the offeror is not a small business concern, to negotiate a detailed subcontracting plan. The provision is as follows: SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (NEGOTIATED) I. This provision does not apply to small business concerns. 2. The term "subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract. 3 • ntracting o c b u s e h t of apparent it is aware t e a h h t t s e s i g d t e i l ng ror acknow his provision; and if e f f o e h ubcontracti T s s t r 3. e n f i f o ct rements the contra if plan requi d n a ncludes: i , r h o c r i e h f w f . o n a l a p successful o negotiate t s e e r g a , s e of total g a t n e c r e possibilitie p f d in terms o e utilization as e s s e r p x e ( s th tage goal ars) for l l o d ll business a g a. Percen m n s i t d c n a r a t n s o rn ubc nomically iness conce o s planned s c u e b l d l n a a m s y ll ors of the ed by socia purposes of l l o subcontract r t n o c d the s wned an For ( ; s l concerns o all purchase a u e d d i u v l i c d n n i i ay ed t, including ntractor m disadvantag c o a c r e t h n t o , c n e a l h s f t ing p formance o ces, etc., whose cost r subcontract e p e h t o t i ibute ducts, serv o r p which contr f o e r a ead costs.) sh h e r t e a v n o o i r t o r o t rec a prop ated as indi c o l l a y nt l l a the appare are norm s l a o g e g of percenta bcontracting plan: t n e m h s i l b a its est in its su e d u l c n i o s l As part of a fferor shall d to be e n n successful o a l p s r la e ) total dol a ( ed to b : n f n o a l t p n e m e s r t a (1) A sta total doll al dollars t o t ) b ) ( c ( ; d d n e business; a all disadvantaged subcontract l l a m s o t ed o sm subcontract be subcontracted t planned to business. nd service a t c u d o r p pal of those the princi n o f i o t a c n i o f i i t t p en ri d and an id (2) A desc business e t c a l r l t a n m o s c ) b 1 ( su s ed to use areas to be n n a l d busines p e g s a i t n a t i v d a e s areas wher , and (ii) small di ors subcontract ors. eveloping subcontract d n i d e us ness, (ii) he method i t s u b f o l l t a m n (i) s teme e (3) A sta contracting goals for ., did th g . e ( s n b r u e s nc proposed company usiness co s b e s o d p e r g u a p t n n a io adv act solicitat disadvantaged small small dis r t n o c b u s for nd he offeror use the small business a ided by t v o r p m , e s t t s ys ed source li tification s ocurement Automat n e d i e c r u o r business s ng Council tration's P i s s i a n h i c m r d u A P s ty rity ines of Minori Small Bus em, the National Mino e c i f f O st the mmerce, o C Source Sy ormation Service, f o t n me nf ty the Depart n Vendor I i r and minori e t s n s e e C n i s a u t b a Business D local small f o s e i t i l i fac and the ?). costs as d associations a e h r e v o nd s indirect a tracting e n d o u c l b c u n s i e r h o offer ls in t (4) If the n establishing the goa i an element https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis e plan, the method used in determining the proportionat with (1) share of indirect and overhead costs incurred d business small business, and (ii) small disadvantage subcontractors shall be explAined. of the offeror b. The name of an individual within the employ m of the offeror who will administer the subcontracting progra al; and a description of the duties of such individu r will take to assure c. A description of the efforts the offero concerns owned that small business concerns and small business ically disadvantaged and controlled by socially and econom to compete for individuals will have an equitable opportunity subcontracts; the clause entitled d. Assurances that the offeror will include Small Business Utilization of Small Business Concerns and and Economically Concerns Owned and Controlled by Socially cts which offer Disadvantaged Individuals in all subcontra to require all further subcontracting opportunities and cerns) which receive subcontractors (except small business con case of a contract subcontracts in excess of $500,000, or in the $1,000,000, to adopt for the construction of any public facility, agreed to by the and comply with a plan similar to the plan offeror's procedures offeror. Such assurances shall describe the compliance with for the review, approval, and monitoring for such plans; such periodic reports e. Assurances that the offeror will submit be required by and cooperate in any studies or surveys as may Administration in the contracting agency or the Small Business by the offeror order to determine the extent of compliance with the subcontracting plan; and ror will maintain f. A recitation of the types of records the offe pted to comply to demonstrate procedures which have been ado plan, including with the requirements and goals set forth in the ss concerns and the establishment of source lists of small busine d by socially and small business concerns owned and controlle efforts to identify economically disadvantaged individuals; and concerns. The and award subcontracts to such small business records may records shall include at least the following (these e basis unless be maintained on a plant-wide or company-wid otherwise indicated): • s, guides t s i l e c r u o ss s aged busine t n a v advantaged d s a i s d i d l d l n a a m s d (1) Small ing small an y f i t n e d n i a at and other d dors. d business ven isadvantage d d n a l l ma acted for s t n o c s n o i t za (2) Organi ces. all business sour ecords on r , s i s a b ct cating on i t-by-contra d c n a i r t , n 0 o 0 c 0 , a 00 On (3) solicited, ns over $1 o s i t a a w t i c s i s l e o n s si ed subcontract er small bu h t e h w ) disadvantag a ( n l o l i a t m a s t i c r i e each sol (c) reasons ; (b) wheth t d o n n a ; y t h o w n t y h and if no or small and if not w , s d s e e t n i i c s i l u o b s s ll business wa licited sma subcontract award. o s f o e r u l i e for the fa o receive th t s s e n i s u b ed disadvantag : ach efforts e r t u o r e h t o s to support (4) Record ess trade n i s u b l l a m s nority and i m h t i w s t o Contac ; associations velopment e d s s e n busi with tacts n o C o ns; organizatio business y t i r o n i m small and t a e c n a d ade fairs. r t d n o Atten a s e c t conferen d procuremen o guide an t s e i t i v i t c a rt internal o p p u s o t s (5) Recorduyers: encourage b ograms, etc. r p g n i n i a r t , s, seminars p o h s k r o W o ompliance. c e t a u l a v e activities to g n i r o t i n o rt o M s to suppo d r o c e r , s i s a -contract b lude name c y n b i t o c t a r t t n n e o c rnm (6) On a submitted to the Gove award data ontractor. c b u s f o s and addres tands that: s r e d n u r o r acceptable n a l i t n u 4. The offe nd lan will p ded unless a r h a c w i a h w e b r e ic . ntract will tracting off n o c e h art thereof t p a. No co h l t a i i w r e t d a e m a otiat contract, as plan is neg e h t o t n i rated n of the o i t be incorpo a n i m r e t de practicable st, in the u m m n u a m l p i x ma able An accept icer, provide the b. off contracting 6 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged persons to participate in the performance of the contract. c. If a subcontracting plan acceptable to the contracting officer is not negotiated within the time limits prescribed by the contracting activity and such failure arises out of causes within the control and with the fault or negligence of the offeror, the offeror shall be ineligible for an award. The contracting officer shall notify the contractor in writing of his reasons for determining a subcontracting plan to be unacceptable. Such notice shall be given early enough in the negotiation process to allow the contractor to modify the plan within the time limits prescribed. Prior compliance of the offeror with other such d. subcontracting plans under previous contracts will be considered by the contracting officer in determining the responsibility of the offeror for award of the contract. e. It is the offeror's responsibility to develop a satisfactory subcontracting plan with respect to both small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals and that each such aspect of the offeror's plan will be judged independently of the other. f. The offeror will submit, as required by the contracting officer, subcontracting reports in accordance with the instructions thereon, and as further directed by the contracting officer. Subcontractors will also submit these reports to the government's contracting officer or as otherwise directed, with a copy to the prime contractor's designated small and disadvantaged business liaison. 5. The failure of any contractor or subcontractor to comply in good faith with (a) the clause entitled Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals or (b) an approved plan required by this Small Business and Small Disadvantaged Business Subcontracting Plan (Negotiated) provision, will be a material breach of such contract or subcontract. 7 w) is 6. Commercial Products. If a commercial product (defined belo any's offered the required subcontracting plan may relate to the comp commercial production generally (both for commercial and nonr the products) rather than solely to the item being procured unde be required government contract. In such cases, the contractor shall oval to submit one company-wide, annual plan to be reviewed for appr ract (which by the first agency with which it enters into a prime cont another requires a subcontracting plan) during the fiscal year, or by oved plan agency satisfactory to the contracting officer. The appr all of will remain in effect for the company's entire fiscal year for the company's or division's commercial products. regular The term "commercial products" means products in ic and/or production sold in substantial quantities to the general publ which, in industry at established market or catalog prices. A product gnificantly the opinion of the contracting officer, differs only insi for the from the contractor's commercial product may be regarded purpose of this clause as a commercial product. (End of Provision) INSTRUCTIONS TO CONTRACTING OFF10E.RS to contracting The following policy and procedural guidance is provided y of a Small officers in making determinations as to the acceptabilit Disadvantaged Business Subcontracting Plan Business and Small ror, in accordance (Negotiated) submitted by an apparent successful offe s to the Small with the requirements of Public Law 95-507, Amendment . This guidance Business Act and the Small Business Investment Act of 1958 Other factors may warrant is not intended to be all inclusive. s of the proposed consideration dependent upon the particular circumstance and Ultimately, there is no substitute for the reasoned acquisition. on a case by case objective judgment of a cont-acting officer exercised basis. ns - In the case of contracts (a) Contracts with Options or Similar Provisio acting plan, the with options, or similar provisions, requiring a subcontr tory plan prior to award covering contracting officer shall obtain a satisfac ract. The price of the option the basic and the option items of the cont whether the contract meets the items shall be included in determining shall take into account the subcontracting threshold, and the plan event the option or similar procurement of the option items. In the ld not be bound by that provision is not exercised, the contractor shou s. portion of the plan relating to the option item https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 8 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis er-type contracts requiring a (b) Letter Contracts - In the case of lett r shall seek to obtain a subcontracting plan, the contracting office or before definitization, satisfactory plan within 90 days after aWard whichever comes first. - In making determinations concerning n Pla ed pos Pro of y lit abi ept Acc (c) ng plan, the contracting officer the acceptability of a proposed subcontracti should take the following actions: officer shall obtain the (1) To the extent available, the contracting small business, and (ii) names and locations of principal proposed (i) including the type of small disadvantaged business subcontractors, f to be awarded to each product or service and the dollar value thereo will be used only to assist principal subcontractor. (This information ermination as to the the contracting officer in making a det e and dollar subcontract acceptability of the proposed percentag ctually bound to make tra con be not will r ero off The goals. subcontractors nor will the subcontract awards to the designated in any subsequent approved names of the subcontractors be included plan). all, appropriate sources, (2) Obtain and review information from contract administration including the prospective contractor, Utilization Specialist, activities, Small and Disadvantaged Business successful offerors and SBA representatives concerning the apparent placing subcontracts for historical performance and achievements in (i) small business, and the same or similar products or services with -- if this information (ii) small disadvantaged business subcontractors e, the offeror's past is not available for a specific product or servic ent of total subcontract performance and achievements in the placem disadvantaged business awards to (i) small business, and (ii) small subcontractors shall be examined. for subcontracting to (i) small (3) Evaluate the anticipated potential ss considering the makebusiness, and (ii) small disadvantaged busine successful offeror, the or-buy policies or programs of the apparent tracted, and the known con sub be to es vic ser or ts duc pro the of ure nat disadvantaged business availability of (i) small business, and (ii) small work will be performed. concerns in the geographical area where the the availability of the (i) of r ero off l sfu ces suc nt are app the ise (4) Adv ll business and small sources of information on potential sma (ii) the names of any disadvantaged business subcontractors and advantaged business known potential small business and small dis are questionable, the subcontract sources. If the proposed goals 9 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis that one or more of the sources e iz as ph em ll sha r ice off ng cti tra con potential small business and small of information should be used and sources be considered to ensure ct tra con ss sub ine bus d age ant adv dis able goals. development of realistic and accept endations of the Small and (5) Obtain advice and recomm Specialist and the assigned Small on ati liz Uti ss ine Bus d age ant adv Dis Center Representative (if t en em ur oc Pr on ati str ini Adm Business lity of the proposed plans. available) concerning the acceptabi d at a level which represents a goo ls goa ng cti tra con sub ate oti Neg (6) effort of the apparent e iv ns he re mp co d an e, siv res faith, agg ximum practicable extent small successful offeror to use to the ma appropriate after subcontractors disadvantaged small and capability, and other pertinent cal hni tec ce, pri ir the of n tio era consid wards if it is apparent that up d ate oti neg be l wil ls goa No factors. the significant increased costs to such higher goals must result in pede acquisition objectives. im sly iou ser l wil or nt me rn Gove uses should be considered in cla ng cti tra con sub ive ent r, inc ve Howe onal and unique prime iti add t tha ed iev bel is it e er wh those cases ntly increase small business and contractor effort could significa tract awards. small disadvantaged business subcon ly negotiate appropriate mpt pro ll sha r ice off ng cti tra (7) The con centage and dollar goals if any revisions to agreed subcontracting per will have a major impact on ct tra con the to ts en dm en am t uen subseq contracting effort. If sub of e typ or me lu vo d nne pla the original the matter will be resolved under agreement cannot be reached, the Disputes Clause of the contract. and contractor's proposed small a ng ati oti neg d an ing iew rev (8) In contracting officer the n, pla ng cti tra con sub ss ine bus disadvantaged icy contractor's "make -or -buy" pol the to n tio era sid con e du e giv shall rams ure that the respective prog ens to ary ess nec is s Thi m. ra or prog sts of the Government are ere int t bes the and ct, fli con are not in work involves products or ct tra con the e er wh e, or rm he rt obtained. Fu in the commercial ble ila ava lly era gen not services which are has cialized, and the contractor spe rly ula tic par are or ce may marketpla rk, the contracting officer wo the m or rf pe to ty aci current cap unities. elihood of subcontracting opport lik d uce red the ize ogn rec 10 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • (d) Forwarding to SBA of Plans Involving Commercial Products Contracting officers receiving, company-wide plans under paragraph 6 (commercial products) of both solicitation clauses -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (NEGOTIATED) and SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (ADVERTISED) -- shall forward copies of such plans and approvals thereof to the Central Office of the Small Business Administration, 1441 "L" Street, N.W., Washington, Attention: AAPA. (e) Failure to Comply in Good Faith with the Subcontracting Requirements The failure of any contractor or subcontractor to comply in good faith with (1) the clause entitled Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals, or (2) an approved plan required by the Small ion, Business and Small Disadvantaged Business Subcontracting Plan provis will be a material breach of such contract or subcontract. If such a breach has occurred in the prime contract, the contracting officer best shall review the available facts to determine what remedy is in the . interests of the Government. to the Such remedies may include Termination of the Contract pursuant price, Termination for Default Clause, negotiated reduction in contract g plan to correct deficiencies, or negotiation of a revised subcontractin• S ther negotiated measures the contracting officer may deem appropriate. er as In determining the proper remedy, the contracting officer shall consid faith, a minimum (1) the reasons attributed tb the failure to comply in good the impact (2) the Government's need for the contract deliverables, and (3) disadvantaged a proposed remedy may have on existing, small and suISntractors. agreement, a If the failure to comply in good faith cannot be settled by shall contracting officer decision pursuant to the contract disputes clause be issued. 11 D. INCENTIVE SUBCONTRACTING PROGRAM. The following clause may be used in negotiated contracts for which a subcontracting plan is required. INCENTIVE SUBCONTRACTING PROGRAM FOR SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS (NEGOTIATED) (1) The contractor has established, in its subcontracting plan, the following goals for awards to small business and small disadvantaged business concerns: (i) $* * percent of the total planned subcontract amount of to small business concerns, and percent of the total planned subcontract amount of (ii) ** to small business concerns owned and controlled by $ ** socially and economically disadvantaged individuals. (2) To the extent that the contractor exceeds such subcontract goals percent in the performance of this contract, it will receive *** (not to exceed 10 percent) of. the dollar amount of such excesses, unless the contracting offficer determines that such excess was not due to efforts by the contractor, i.e., subcontractor costs in excess of those contractually agreed upon or where the actual subcontract amount exceeds that estimated in the subcontract plan; or planned subcontracts which were not disclosed in the subcontract plan during contract negotiation. (3) If the contract is a cost plus fixed fee type, the total of the fixed fee and the incentive payments made pursuant to this clause is subject to the limitations set forth in FPR 1-3.405-5(c)(2) and DAR 3405.6(c)(2). (End of Clause) * ** Identified elsewhere in the contract. *** Exact percentage to be inserted into the contract document. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 12 E. SMALL BUSINESS AND SMALL SUBCONTRACTING (ADVERTISED). https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis DISADVANTAGED BUSINESS All solicitations for formally advertised contracts or amendments or mSiifications thereto which, except those for procurements and setasides pursuant to section 8(a) and section 15 of the Small Business Act as amended, offer subcontracting opportunities and are expected to exceed $500,000, or in the case of contracts for the construction of any public facility, $1,000,000, and are required to include the clause entitled Utzation of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals, shall include a provision which requires the bidder selected to be awarded the contract, provided the bidder is not a small business concern, to submit a detailed subcontracting plan. The contracting officer shall include the solicitation notice below in all solicitations meeting the monetary threshold unless the contracting officer determines in writing that the proposed contract, amendment or modification, offers no subcontracting possibilities. If the contracting officer is not sure of the presence of subcontracting possibilities, the notice must be included; but the requirement to furnish a plan may be omitted on a showing by the bicider selected for award that subcontracting possibilities do not exist. The provision is as follows: SMALL BUSINESS AND S;'. , 1ALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (ADVERTISED) I. T'nis provision does not apply to small business concerns. 2. The term "subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract. 3. The bidder acknowledges that it is aware of the subcontracting plan requirement in this provision; and if selected for award, will submit within the time specified by the contracting officer a subcontracting plan that will afford the maximum practicable opportunity to participate in the performance of the contract to small and small disadvantaged concerns, and will include: 13 a. Percentage goals (expressed in terms of percentage of total planned subcontracting dollars) for the utilization as subcontractors of small business, concerns and small business concerns owned and controlled by socially and economically,. the of purposes the individuals; (For disadvantaged subcontracting plan, the contractor may include all purchases which contribute to the performance of the contract, including a proportionate share of products, services, etc., whose costs are normally allocated as indirect or overhead costs.) As part of its establishment of percentage goals the apparent successful bidder shall also include in its subcontracting plan: (1) A statement of: (a) total dollars planned to be total dollars planned to be subcontracted; (b) subcontracted to small business; and (c) total dollars planned to be subcontracted to small disadvantaged business. (2) A description of the principal product and service areas to be subcontracted and an identification of those areas where it is planned to use (i) small business subcontractors, and (ii) small disadvantaged business subcontractors. b. The name of an individual within the employ of the bidder who will administer the bidder's subcontracting program and a description of the duties of such individual; c. A description of the efforts the bidder will take to assure that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals will have an equitable opportunity to compete for subcontracts; d. Assurances that the bidder will include the clause entitled Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals in all subcontracts which offer further subcontracting opportunities and to require all subcontractors (except small business concerns) which receive subcontracts in excess of $500,000, or in the case of a contract for the construction of any public facility, $1,000,000, to adopt and comply with a plan similar to the plan agreed to by the bidder; 14 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis IP https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis it such periodic reports bm su l wil er dd bi e th at th es e. Assuranc by surveys as may be required and cooperate in any studies or in all Business Administration Sm e th or cy en ag g in ct ra nt e co th liance by the bidder with mp co of nt te ex e th e in rm te order to de the subcontracting plan; and cords the successful bidder re of s pe ty e th of on ti ta ci f. A re es which have been ur ed oc pr e at tr ns mo de to will maintain in quirements and goals set forth re e th th wi ly mp co to d te adop ent of source lists of small hm is bl ta es e th g in ud cl in , the plan ss concerns owned and ne si bu l al sm d an ns er nc business co ically disadvantaged om on ec d an ly ial soc controlled by ts to tify and award subcontrac en id to s rt fo ef d an s; al du indivi cords shall include at least re e Th . ns er nc co ss ne si such small bu tained on a plant-wide in ma be y ma s rd co re se he the following (t otherwise indicated): ss le un is bas e id y-w an mp co or es siness source lists, guid bu d ge ta an dv sa di d an l (1) Smal d small disadvantaged an l al sm ng yi if nt de in ta da and other business vendors. l and disadvantaged al sm r fo d te ac nt co s on ti (2) Organiza business sources. all act basis, records on tr on -c by tac nt co a On (3) ,000, indicating on 00 $1 er ov s on ti ta ci li so subcontract ted, all business was solici sm r he et wh ) (a ion tat ici sol each small disadvantaged r he et wh ) (5 t; no y wh t and if no y not; and (c) reasons wh t no if d an , ted ici sol s business wa siness or small bu l al sm d te ci li so of for the failure d. e the subcontract awar iv ce re to ss ne si bu d ge ta an disadv r outreach efforts: (4) Records to support othe trade ty and small business ri no mi th wi ts ac nt Co o associations, development ss ne si bu th wi ts ac nt Co o organizations d minority business an l al sm at ce an nd te o At trade fairs. procurement conferences and 15 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (5) Records to support internal activities to guide and encourage buyers: o Workshops, seminars training programs, o Monitoring activities to evaluate compliance. (6) *On a contract-by-contract basis, records to support award data subinitted to the Government to include name and address of subcontractor. 4. The bidder understands that: (a) It agrees to carry out the government's policy to provide the maximum practicable opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of the contract, consistent with its efficient performance. (b) If it does not submit a subcontracting plan within the time limits prescribed by the contracting agency, it will be ineligible to be awarded the contract. Prior compliance of the bidder with other such (c) subcontracting plans under previous contracts will be considered by the contracting officer in determining the responsibility of the offeror for award of the contract. (d) It is the bidders responsibility to develop a subcontracting plan with respect to both small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals and that each such aspect of the plan will be judged independently of the other. • 5. The failure of any contractor or subcontractor to comply in good faith with (a) the clause entitled Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals or (b) the terms of any subcontracting plan required by this Small Business and Small Disadvantaged Business Subcontracting Plan (Advertised) provision, will be a material breach of the contract or subcontract. 6. Commercial Products. If a commercial product (defined below) is offered the required subcontracting plan may relate to the company's 16 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis or division's production generally (both for commercial and noncommercial products) rather than solely to the item being procured under the government contract. In such cases, the contractor shall be required to submit one company-wide, annual plan to be reviewed for approval by the first agency with which it enters into a prime contract (which requires a subcontracting plan) during the fiscal year, or by another agency satisfactory to the contracting officer. The approved plan will remain in effect for the company's entire fiscal year for all of the company's or division's commercial products. The term "commercial products" means products in regular production sold in substantial quantities to the general public and/or industry at established market or catalog prices. A product which, in the opinion of the contracting officer, differs only insignificantly from the contractor's commercial product may be regarded for the purpose of this clause as a commercial product. (End of Provision) INSTRUCTIONS TO CONTRACTING OFFICERS (a) Informational Goals. The contracting officer may, in a letter accompanying the solicitation or otherwise, inform the offeror of the goal the Government contemplates for subcontracting to both small lled business concerns and small business concerns owned and contro by socially and economically disadvantaged individuals. Any such y letter shall state that the goals are informational only and not legall binding. officer (b) Notification of Unsatisfactory Plans. If the contracting believes that the subcontracting plan submitted pursuant to this section does not reflect the best effort by the bidder to award subcontracts to small and small disadvantaged firms to the fullest extent consistent with the efficient performance of the contract, he shall notify the agency's director of the Office of Small and Small Disadvantaged Business Utilization who shall in turn notify the Business Administration and request a review of the plan pursuant to Section 8(d)(10) and (11) of the Small Business Act. Such request for Prior an SBA review shall not delay award of the contract. under compliance of the bidder with other such subcontracting plans previous contracts will be considered by the contracting officer in determining the responsibility of the bidder for award of the contract. 17 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (c) Forwarding to SBA of Plans Involving Commercial Products. Contracting officers receiving company-wide plans under paragraph 6 (commercial products) of both solicitation clauses -- SMALL BUSINESS DISADVANTAGED SMALL AND BUSINESS SUBCONTRACTING PLAN (NEGOTIATED) and SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (ADVERTISED) -- shall forward copies of such plans and approvals thereof to the Central Office of the Small Business Administration, 1441 "L" Street, N.W., Washington, D. C., Attention: AAPA. EFFECTIVE DATE: This Policy Letter is effective June 1, 1980. CONCURRENCE: This Policy Letter has been concurred in by the Director of OMB. •(f aren H. Williams Administrator 13 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 OFFICE OF MANAGEMENT AND FUDGET Office of Federal Procurement Policy CONTRACT DISPUTES FINAL CONTRACT DISPUTES CLAUSE. REGULATORY COVERAGE AND AGENCY: Office of Federal Procurement Policy, Office of Management and Budget. ACTION: Final text of contract disputes regulatory coverage and Contract Disputes Clause to be adopted. SUMMARY: On November 1, 1978, the President signed into law Public Law 95-563, the Contract Disputes Act of 1978. That Act, among other things, required certain changes to clauses and procurement regulations of the procuring agencies by March 1, 1979. To assure uniformity of language in the resulting changes, a suggested text of provisions to implement that Act was published at 44 FR 5219, January 25, 1979 for comment. After ed consideration of comments received and resulting changes to the suggest text, a set of interim final regulations and a Contract Disputes Clause was published at 44 FR 12519, March 7, 1979. This set of interim final regulations and Disputes clause contained language to be used by the affected agencies when amending their regulations. This language was to become final June 1, 1979, unless changed before that time. The interim final rules were made final by notice published at 44 FR 34228, June 14, 1979, but the Disputes clause remained as interim. In addition, a second proposed Disputes clause was published there for comment. Comments have been received and evaluated and this document (1) rescinds the regulations and contract Disputes clause issued March 7 and June 14, 1979, and (2) provides final regulatory coverage and a contract Disputes clause for incorporation into the Defense Acquisition Regulation, the Federal Procurement Regulations, and the National Aeronautics and Space Administration Procurement Regulations. A major change from the regulations and interim Disputes clause, in use since March 1979, concerns the extent of the contractor's obligation to continue performance of work. Prior to the passage of the Contract Disputes Act, a contractor, pursuant to the Disputes clause then in effect, was in the event of a dispute arisin under the contract, obligated to continue performance in accordance with the contracting officer's decision pending resolution of the dispute. On the other hand, if the dispute arose out of the contract, or in breach of the contract, there was no obligation to https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis continue work. The interim Disputes clause expanded the contractor's obligation to continue performance to include disputes arising out of, or in I-.ch of, the contract as well as under the contract. The final Disputes clause published here returns the situation to the pre-Contract Disputes Act obligation. Under the Disputes clause and the accompanying regulations, the contractor is obligated to continue performance only if the dispute arises under the contract. It is recognized, however, that in unusual circumstances the performance of some contracts may be vital to the national security or to the public health and welfare so that performance must be g uaranteed even in the event of a dispute arising out of, or in breach of, contract. In those unusual cases, procuring agencies may provide for a change to the Disputes clause to assure a continuation of the work. In such cases agencies should also seek 555ovide appropriate financing to cover the additional work, provided that the Government's interests are properly secured. The final Disputes clause and regulations also provide technical changes from the interim clause and regulations with regard to payment of interest, procedures for certification of a claim exceeding $50,000, and other areas. These changes are made to better reflect the intent of the Contract Disputes Act. DATES: This regulatory coverage and contract Disputes clause are to be effective June 1, 1980, and shall apply to all solicitations and resulting contracts issued on or after June 1, 1980. FOR FURTHER INFORMATION CONTACT: Ms. Patricia A. Szervo, Associate Administrator for Acquisition Law,(202) 395-3501. Karen Hastie Williams Administrator DATED: April 29, 1980 2 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 OFFICE OF FEDERAL PROCUREMENT POLICY OFPP POLICY LETTER 80-3 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Regulatory Guidance on P.L. 95-563, the Contract Disputes Act of 1978 There is a need in Government for uniformity and consistency in the application of procurement policy. This directive provides the uniform policy applicable to the Contract Disputes Act of 1978. The clauses and The regulatory coverage that follow articulate this uniform policy. Defense Acquisition Regulation (DAR), the Federal Procurement Regulations (FPR), and the National Aeronautics and Space Administration Procurement Regulations (NASA PR) shall be amended to conform to this policy. This guidance supersedes in its entirety the guidelines previously published in _the Federal Register on March 7, 1979 (44 FR 12519), and June 14, 1979 (44 FR 24228). I. REGULATORY COVERAGE - RESOLUTION OF CLAIMS. 1. Contract Disputes Act of 1978 (a) General. The Contract Disputes Act of 1978 (P.L. 95-563, 41 U.S.C. 601-613) establishes procedures and requirements for asserting and resolving claims by or against contractors relating to a contract subject to the Act. In addition, the Act provides for the payment of interest on contractor claims, for the certification of contract claims in excess of $50,000, and a civil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact. (b) Definition of Claim. (i) As used herein "claim" means a written demand by one of the contracting parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or related to the contract. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes However, where such submission is of the Act. subsequently not acted upon in a reasonable time, or https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis , disputed either as to liability or amount, it may be converted to a claim under Section 6(a) of the Act as provided in Section 3, below. (c) Government Policy on Settlement by Mutual Agreement. It is the Government's policy, consistent with the Act, to try to resolve all claims by mutual agreement at the contracting officer's level, without litigation. Implementation of this policy depends on an open mind with regard to the matter in dispute and the adequacy of the information provided in support of the In claim by both the contractor and the Government. appropriate circumstances, before issuance of a contracting officer's decision on a claim, informal discussions between the parties, to the extent feasible, by individuals who have not participated substantially in the matter in dispute, can aid in the resolution of differences by mutual agreement and should be considered. (d) Contracting Officer Authority. Except as provided in this subsection (d), the Contracting Officer is authorized (within any specific limitations in his warrant) to decide or settle all claims relating to a contract subject to the Act. The authority of this subsection (d) does not extend to (1) a claim or dispute for penalties or forfeitures prescribed by statute or regulation which another Federal agency is specifically authorized to administer, settle, or determine, or (2) any claim involving fraud. See Section 2, below. (e) Contracts Excepted from the Act. A contract with a foreign government or agency thereof, or with an international organization or subsidiary body thereof may be exempted from the Act and DAR Section 1-314 and FPR Section 1-1.318, if the ct head of the Agency determines that application of the Contra Disputes Act to the contract would not be in the public interest. relief under (1) Public Law 85-804 Requests. Requests for the Public Law 85-804 are not considered to be claims within and shall Contract Disputes Act of 1978 or the Disputes clause, continue to be processed under DAR Section XVII or FPR Section 1-17. 2. ctor is Referral of Suspected Fraudulent Claims - If a contra unable to support any part of its claim and there is evidence of fact that such inability is attributable to misrepresentation officer or fraud on the part of the contractor, the contracting l shall refer the matter to the designated Agency officia responsible for investigating fraud. -2- 1 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 3. Initiation of a Claim - Except as provided in the Act, (a) contractor claims shall be made in writing and submitted to the contracting officer for a decision, and (b) claims by the Government against a contractor shall be the subject of a contracting officer decision. 4. Contracting Officer's Decision .(a) When a claim by or against a contractor cannot be satisfied or settled by agreement and a decision on the claim is necessary, the Contracting Officer shall: (i) review the facts pertinent to the claim; (ii) secure assistance from legal and other advisors; and (iii) coordinate with the contract administration office or Contracting Office, when appropriate. (b) The Contracting Officer shall furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, and shall include in the decision: (i) A paragraph substantially as follows: This is the final decision of the Contracting Officer. This decision may be appealed to the Board of Contract Appeals. If you decide to make such an appeal, you must mail or otherwise furnish written notice thereof to the Board of Contract Appeals within ninety days from the date you receive this decision. A copy thereof shall be furnished to the Contracting Officer from whose decision the appeal is taken. The notice shall indicate that an appeal is intended, shall reference this decision, and identify the contract by number. of In lieu of appealing to the cognizant Board Contract Appeals you may bring an action directly in the U.S. Court of Claims,* within twelve months of the date you receive this decision. (ii) A description of the claim or dispute; (iii) A reference to pertinent contract provisions; and 10(a)(2) Except as provided in Sections 4 (maritime contracts) (Tennessee Valley Authority) of the Act. I 1 •• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (iv) A statement of the factual areas of agreement or disagreement; (v) A statement of the tontracting Officer's decision, with supporting rationale; (vi) Notification that the small claims procedure of the cognizant Board shall be applicable at the sole election of the contractor in the event that the amount in dispute as a result of the final decision is $10,000 or less; and (vii) Notification that the accelerated procedure of the cognizant Board shall be applicable, at the sole election of the contractor in the event the amount in dispute as a result of the final decision is $50,000 or less. n the (c) The Contracting Officer shall issue the decision withi following statutory time limitation: (i) For claims not exceeding $50,000: Sixty days after receipt of the claim. (ii) For claims exceeding $50,000: Sixty days after receipt of claim; provided, however, if a decision is not issued within sixty days the Contracting Officer shall notify the contractor of the time within which he will make the decision. The reasonableness of this time period will depend on the size and cor'nplexity of the claims and the adequacy of the contractor's supporting data and any other relevant factors. ion, (d) The amount determined payable pursuant to the decis less any portion already paid, should be paid, if otherwise l. proper, without awaiting contractor action concerning appea Such payment shall be without prejudice to the rights of either party. - The Government 5. Payment of Interest on Contractor's Claims found due and shall pay interest on a contractor claim on the amount ves the claim until unpaid, from the date the contracting officer recei of the the date payment is made, at the rates fixed by the Secretary 92-41. Treasury pursuant to the Renegotiation Act, Public Law -4- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 6. Disputes Clause (a) The Act applies to all disputes with respect to contracting officer decisions on matters arising out of or relating to a contract. Agency Boards of Contract Appeals (BCA) created under the Act have the same jurisdiction as the Court of Claims with respect to a claim that is subject to the Act. Thus, the statutory agency BCAs continue to have all of the authority they possessed before the Act with respect to disputes arising under a contract, as well as authority to decide disputes relating to a contract. The Disputes clause set forth in Part 11 recognizes the all disputes authority established by the Act, and states certain requirements and limitations of the Act for the guidance of contractors and contracting agencies. It is not intended to affect the rights and obligations of the parties as provided by the Act, nor to constrain the authority of the statutory agency BCAs in the handling and deciding of contractor appeals pursuant to the Act. (b) Obligation to Continue Performance - Section 6(b) of the Act authorizes contracting agencies to include a provision requiring a contractor to continue performance of the contract in accordance with the contracting officer's decision pending final decision on a claim. In general, prior to passage of the Act, the obligation to continue performance applied only to claims arising under a contract. Subparagraph (i) of the new Disputes clause is intended to require continued performance to the same extent as existed under the standard Disputes clause in effect prior to the Act. 7. Certification of Contractor Claims Over $50,000 (a) Section 6(c)(1) of the Act requires that a contractor claim over $50,000 shall be certified that it is made in good faith; that the supporting data are accurate and complete to the best amount of the contractor's knowledge and belief; and that the ment for requested accurately reflects the contract adjust which the contractor believes the Government is liable. an (b) The certification shall be executed by the contractor if When the contractor is not an individual, the individual. l in certification shall be executed by a senior company officia an by or ed, charge at the contractor's plant or location involv overall officer or general partner of the contractor having responsibility for the conduct of the contractor's affairs. -5- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis II. CONTRACT DISPUTES CLAUSE The following clause shall be included in all contracts subject to the Contract Disputes Act unless (1) exempted by the head of the Agency under 41 U.S.C., 603(c), or (2) modified in accordance with DAR 1-314 or FPR 1-1.318: Disputes Clause (a) This contract is subject to the Contract Disputes Act of 1978 (P.L. 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved in accordance with this clause. (c) (i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (iii) A claim by the contractor shall be made in writing and submitted to the contracting officer for decision. A claim by the Government against the contractor shall be subject to a decision by the Contracting Officer. (d) For contractor claims of more than $50,000, the contractor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the contractor's knowledge and belief; and the amount requested accurately reflects the contract adjustment for which the The contractor believes the Government is liable. certification shall be executed by the contractor if an individual. When the contractor is not an individual, the 6— https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis certification shall be executed by a senior company official in charge at the contractor's plant or location involved, or by an officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. For contractor claims of $50,000 or less, the (e) Contracting Officer must render a decision within 60 days. For contractor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the contractor of the date when the decision will be made. (f) The Contracting Officer's decision shall be final unless the contractor appeals or files a suit as provided in the Act. (g) The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies are expressly authorized to decide. (h) Interest on the amount found due on a contractor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. (i) Except as the parties may otherwise agree, pending final resolution of a claim by the contractor arising under the contract, the contractor shall proceed diligently with the performance of the contract in accordance with the contracting officer's decision. EFFECTIVE DATE: This Policy Letter is effective June 1, 1980, and shall apply to all solicitations and resulting contracts issued on or after June 1, 1980. CONCURRENCE: Director of OMB. This Policy Letter has been concurred in by the Karen Hastie Williams Administrator 7 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EAUTIVE OFFICE 07 THE PRESIPNT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 OFFICE OF MANAGEMENT AND BUDGET OFFICE OF FEDERAL PROCUREMENT POLICY Subcontracting With Women's Business Enterprises Under Federal Contracts AGENCY: Office of Federal Procurement Policy (OFPP), Office of Management and Budget Policy directive providing amendments to the Federal ACTION: Procurement Regulations (FPR), the Defense Acquisition Regulation (DAR), and the National Aeronautics and Space Administration Procurement Regulations (NASA PR). SUMMARY: On May 18, 1979, the President signed Executive Order 12138 which created a National Women's Business Enterprise Policy, and prescribed arrangements for developing, coordinating and implementing a national program for women's business enterprise. Each department and agency of the Executive Branch was directed, within the constraints of statutory authority and as otherwise permitted by law, to take appropriate action to facilitate, preserve and strengthen Women's Business Enterprises and to ensure full participation by women in the free enterprise system. To achieve the maximum practicable Federal contracting opportunity for women-owned firms, the Office of Federal Procurement Policy among other things, has directed the uniform revision of government-wide procurement regulations to assure that Federal prime contractors increase their use of women-owned firms as subcontractors. These revisions include: (a) (b) Developing clauses for inclusion in prime contract solicitations and in prime contracts that encourage the use of women-owned firms as subcontractors to the maximum degree feasible; and Studying the feasibility of developing an incentive clause for inclusion in appropriate prime contracts to offer a dollar award to a prime contractor for subcontracting with women-owned firms in excess of an agreed upon goal for such subcontracting. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis To implement (b) above, OFPP will in September 1980, evaluate the results of the pilot programs using incentive clauses for small and disadvantaged i5-507, and relate the lessons learned firms, as authorized in Public Law ( to the women business enterprise program. To implement (a) above, the following Policy Letter sets forth changes to be made in the FPR, DAR and NASA PR. These changes are to be effective June 1, 1980, and are applicable to all solicitations and contracts arising therefrom, issued after June 1, 1980. FOR FURTHER INFORMATION CONTACT: Dorothy Dickerson, Deputy Associate Administrator for Acquisition Law,(202) 395-34.55. Karen Hastie Williams Administrator DATED: April 29, 1980 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET VVASHING1ON. D.C. 20503 OF FICE OF FEDLRAL PROCUREMENT POLICY POLICY LETTER 80-4 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Women's Business Enterprise Program Backaround - Executive Order 12138 noted that Congressional findings and the findings of the Interagency Task Force on Women Business Owners recognize: 1. the significant role which small business and women entrepreneurs can play in promoting full employment and balanced growth in our economy; 2. the many obstacles facing women entrepreneurs; and 3. the need to aid and stimulate women's business enterprise. In response to these findings, the Executive Order established a National Women's Business Enterprise Policy and prescribed arrangements for developing, coordinating and implementing a national program for women's business enterprise. Each department and agency was directed to take affirmative action in support of women's business enterprise in appropriate programs and activities including, but not limited to, procurement. The President's Memorandum for the Heads of Departments and Agencies dated May 18, 1979, accompanying E.O. 12138, noted that the Interagency Task Force on Women Business Owners found that efforts to encourage full participation of women in Federal procurement activity have been less than adequate. Subsequently, OFPP undertook to establish agency goals for the award of prime contracts to women-owned firms and to develop Government-wide procurement regulations to encourage Federal prime contractors to increase their use of women-owned firms as subcontractors. tion - There is a need in Government for uniformity and consistency in the dd1,, ation of procurement policy. This dire( tive provides a uniformn policy applicable to the Women's Business Enterprise Program. The clauses iegulatory coverage that follow articulate this uniform policy. The DL•feilse \( uisition Regulation (DAR), the Federal Procurement sr.:, '-t 0-PIR), and the National Aeronautics and Space Administration Pio( cit It P,-„ultitions (NASA PR) shall be amended to conform to this poll( y. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CLAUSES FOR WOMEN-OWNED BUSINESS CONCERNS 1. The following clause shall be included. in all contracts expected to exceed $10,000 except (i) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, its possessions, Puerto Rico and the Trust Territory of the Pacific Islands, and (ii) contracts for services which are personal in nature. UTILIZATION OF WOMEN-OWNED BUSINESS CONCERNS (Over $10,000) (a) It is the policy of the United States Government that womenowned businesses shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal agency. (b) The Contractor agrees to use his best efforts to carry out this policy in the award of subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, a "woman-owned business" concern means a business that is at least 51% owned by a woman or women who also control and operate it. "Control" in this context means exercising the power to make policy decisions. "Operate" in this context means being actively involved in the day-to-day management. "Women" mean all women business owners. (End of Clause) 2. The following clause shall be included in all contracts, amendments or modifications expected to exceed $500,000 or in the case of contracts for the construction of any public facility, $1,000,000 which require the Utilization Clause in (I) above. WOMEN-OWNED BUSINESS CONCERNS SUBCONTRACTING PROGRAM (Over $500,000 or $1,000,000 for Construction Of Any Public Facility) (a) The Contractor agrees to establish and conduct a program which will enable women-owned business concerns to be considered fairly as subcontractors and suppliers under this contract. In this connection, the contractor shall: (1) Designate a liaison officer who will administer the Contractor's "Women-Owned Business Concerns Program." (2) Provide adequate and timely consideration of the potentialities of known women-owned business concerns in all "make-or-buy" decisions. 2- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (3) Develop a list of qualified bidders that are women-owned businesses and assure that known women-owned business concerns have an equitable opportunity to compete for subcontracts, particularly by making information on forthcoming opportunities available, by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of women-owned business concerns. (4) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of women-owned business concerns; (ii) awards to women-owned businesses on the source list by minority and non-minority. wornen-owned business concerns; and (iii) specific efforts to identify and award contracts to women-owned business concerns. (5) Include the "Utilization of Concerns" clause in subcontracts subcontracting opportunities. Women-Owned Business which offer substantial (6) Cooperate in any studies and surveys of the Contractor's women-owned business cncern o s procedures and practices that the Contracting Officer may from time-to-time conduct. (7) Submit periodic reports of subcontracting to womenowned business concerns with respect to the records referred to in subparagraph (1-4) above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe. (b) The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000 or $1,000,000 in the case of contracts for the construction of any public facility and which offers substantial subcontracting possibilities, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors. agrees to require written certification by t (c) The contractor furher its subcontractors tha t they are bona fide women-owned and controlled business concerns in accordance with the definition of a -3 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis women-owned business concern as set forth in the Utilization Clause 1(b) above at the time of submission of.bids or proposals. (End of Clause) EFFECTIVE DATE: This Policy Letter is effective June 1, 1980, and shall be applicable to all solicitations, and contracts arising therefrom, issued after June 1, 1980. CONCURRENCE: Director of OMB. This Policy Letter has been concurred in by the Karen Hastie Williams Administrator - 1- • THE WHITE HOUSE •• • WAS May 2, 1980 MEMORANDUM FOR THE WHITE HOUSE SENIOR STAFF AND THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES ' FROM: AL McDONALD RICK HUTCHESON SUBJECT: Presidential Paperflow Too frequently memoranda which require a decision by a certain deadline are coming to the President too late, giving him inadequate time to request supplemental information or points of view while considering his decision. The President should have at least 24 hours to deal with a decision memorandum requiring fast turnaround. With very few exceptions, there is no excuse for giving the President a memo at the last minute. He needs time to fit it into his schedule and deal with it in an orderly fashion. When inadequate lead time is allowed, there may also be a question raised as to the completeness of the staff work and coordination of inputs before coming to his attention. To serve him better, you are requested to adhere to the following guidelines: I. Alert Rick Hutcheson to deadlines for decision memoranda well in advance of the due date, so that he may work with you in expediting the processing of the memorandum. 2. Remember that other EOP offices in addition to your own may require time to consider the decision you are proposing to the President, and allow time for them to prepare their comments. The normal "staffing" period is 48 hours. 3. Indicate clearly any absolute deadline in the upper right-hand corner of the memo, i.e. "Last Day for Action: 20 May 1980." 4. Remember that all letters or memoranda intended for Presidential signature must be cleared by the speechwriters. You may expedite the handling of your memo by handling this clearance directly with the speechwriters before submitting the memorandum to the Staff Secretary. 5. Direct memoranda requesting Presidential meetings to Phil Wise, not to the President. 6. In planning adequate lead time, remember that most official documents (executive orders, proclamations, letters) must be retyped after staffing before being submitted to the President. With your cooperation in following these guidelines we can assist you better to meet your target times for decision. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis THE WHITE HOUSE WASHINGTON May I, 1980 CA1 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES Youth employment is one of my top domestic priorities. For this reason I am asking Congress to enact the Youth Act of 1980, which will provide education and jobs for millions of disadvantaged youth. These new initiatives grew out of the work of the Vice President's Task Force and are intended to prepare young people for the labor market of the 1980s. In the meantime, many young Americans will seek summer employment at the end of this school year. Some will need earnings from their jobs to help meet their educational expenses or to help out at home. Others will be looking for an opportunity to translate classroom theory into practical experience. Under the 1980 Federal Summer Employment Program for Youth, we can meet the aspirations of these young people. The Federal government's outstanding reputation as an employer of students during the.sumnier months has long set an example for private employers and for State and local, governments. I am confident that once again Federal departments and agencies will support the summer employment program. Opportunities should be provided for students who have successfully competed in the summer employment written test, who have filed under agency merit staffing plans, or who are nominated by their schools under the Federal Summer Intern Program. In addition to these programs, I am determined to see that Federal agencies do their part to alleviate the high rate of unemployment among needy youths this summer. For this reason, I am asking that one disadvantaged young person b hired for every 40 regular employees in each department and agency. Alan K. Campbell, Director of the Office of Personnel Management, will provide guidance on all aspects of our Federal summer employment efforts and will report to me on the results. I know that I can count on your personal involvement and support in achieving a successful 1980 summer employment program. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • THE WHITE HOUSE WASHINGTON April 16, 1980 01-1 Dear Mr. Volcker: ' 4.011 3 For your information I am sending you a copy of a report, The Major Consumer . 2 1 21LEy_ Developments in the United States, 1978-1979 prepared by my Office with the assistance of staff of the Consumer Product Safety Commission. This report, developed at the request of the Committee on Consumer Policy (CCP) of the Organization for Economic Cooperation and Development (OECD), outlines very concisely recent extensive and often unheralded consumer protection activities in this country. Many of these activities would not be available, especially those which now give consumers a voice at the highest level of Federal government policymaking, if it were not for President Carter's steadfast commitment to consumers. It is my pleasure to represent the United States on the OECD Consumer Committee and to have overseen ?reparation of this report. It will be combined, in its entirety, with reports from the 23 other OECD-member nations and made available at nominal cost as an OECD publication later this year. That compendium will offer convincing evidence that there is increasing government interest and action on behalf of consumers in all major industrialized nations. Please feel free to use any of the report as you see the need, I look forward to our continued working t ther in the interest of consumers. S erely, °4414:/ 440/ Esther Peterson Special Assistant to the President for Consumer Affairs Enclosure 4 W https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis fiv • ASIAN AND PACIFIC AMERICAN FEDERAL EMPLOYEE COUNCIL P.O. Box 23125 L'Enfant Plaza Station Washington, D.C. 20024 April 15, 1980 Dear Mr. Volcker: By Presidential Proclamation, May 7-14, 1980 has been designated as Asian/ Pacific American Heritage Week. In his Proclamation of February 27, 1980, President Carter calls upon the American people to observe this week with appropriate ceremonies and activities which would recognize the diverse contributions made by Asian and Pacific Americans to the American culture and institutions. President Carter also issued an Executive memorandum on March 24, 1980; directing all Federal agencies to observe the Asian/Pacific American Heritage Week. The Asian and Pacific American Federal Employee Council(APAkhC) takes this opportunity to urge you to encourage your agency to take appropriate steps to recognize the Peoples of the Asian and Pacific Community and their contributions to America's cultural heritage. To assist your agency efforts, APAkhC has prepared a resource packet which can serve as a reference on Asian/Pacific Americans in the Federal Service, legislative discrimination against Asians and Pacific Islanders, sources of audio-visual materials on Asian/Pacific Americans, and selective books on the Asian/Pacific American experience. APAFIC would also like to invite your agency's employees to the Second Asian/Pacific American Heritage Festival on May 10, 1980 at the Washington Monument grounds from 12 Noon to 6 PM. This event is sponsored by the Asian/ Pacific American Heritage Council. We look forward to receiving your agency's plans for the Asian/Pacific American Heritage Week. If we can be of any assistance, call me at (703) 235-1079. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Sincerely yours, Anna Wong, Chairperson • BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM •o • -rt To: From: Edward T. Mulrenin Date: c N 6. iv mei - A ((1,\ 0-14-0 (/ pivivve,1 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis oviL eci 4/-/ IA/ • Az THE WHITE HOUSE WASH I N GTO N April 16, 1980 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES SUBJECT: National Volunteer Week Because of the deep commitment to voluntary action that Mrs. Carter and I share, I am pleased to join in the observance of National Volunteer Week, April 20-26, 1980. In order to meet the serious economic and social challenges that our country faces today, citizens and communities must take more responsibility for themselves and for each other. This effort requires the help of the millions of volunteers and volunteer organizations across this nation. Voluntary citizen action is one of the cornerstones of our I- mocracy. Americans have always been willing to lend their talents and energies to assist their communities, their nation, and the world. They have volunteered as individuals, they have volunteered through religious and community organizations, and they have volunteered by the tens of thousands through the government programs administered by ACTION. There is no area of American life -- health care, education, the law, housing, reon, the arts, civil and human rights -- that has not been strengthened by citizens willing to donate their time and energy to the benefit of others. I urge every Federal agency to participate in National Volunteer Week with activities that salute and promote volunteerism and self-help. I know that many Federal employees already do volunteer work in their communities. I encourage you to highlight their achievements with appropriate recognition, and to encourage others to follow their example. Participation in National Volunteer Week will once again affirm our belief that citizen involvement in all aspects of our national life is essential to the health and well-being of the democracy we live in. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 April 18, 1980 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Reporting Requirements for Federal Plans Government Pension Public Law 95-595 established uniform annual reporting requirements for Federal Government pension plans. The law also specified those plans that would be subject to annual reporting requirements (see Attachment C). On December 10, 1979, President Carter signed Executive Order 12177, which delegates to the Director of the Office of Management and Budget all the functions vested in the President by P.L. 95-595 and delegates to the Secretary of the Treasury the responsibility for establishing the form and content of the reports (Attachment B). Attachment A provides more specific guidance to those agencies to which P.L. 95-595 is applicable. Instructions on the specific form and content of the annual reports will be provided separately to executive agencies and departments by the Secretary of the Treasury. John P. Wh e Deputy Director Attachments • ATTACHMENT A e' ANNUAL REPORTING REQUIREMENTS FOR FEDERAL GOVERNMENT PENSION PLANS Executive Order 12177 delegates to the Director of the Office of Management and Budget all functions vested in the President by section 121(a) of the Budget and Accounting Procedures Act of 1950, as amended. The Executive Order stipulates that the heads of executive agencies responsible for Federal Government pension plans under the Act ensure that the administrators of plans under the Act comply with the form, manner, and time of filing as required by the Director of the Office of Management and Budget. The Executive Order further stipulates that the Secretary of the Treasury, in the absence of contrary direction by the Director, shall develop the specific form and content of the annual reports required by the Act. Instructions to executive agencies on the form and content of the reports will be provided to agencies directly by the Treasury Department. These instructions incorporate economic assumptions regarding inflation rates provided by the Office of Management and Budget for the development of annual reports. Inquiries about the form and content of required annual reports should be addressed to Gary Gilliam in the Office of Government Financing, Office of the Assistant Secretary of the Treasury for Domestic Finance. P.L. 95-595 requires that the first annual reports on Federal Government pension plans be submitted to the Congress by April 30, 1980, for those plans that are calculated on the same fiscal year as used by the Federal budget. Agency drafts of the required reports should be submitted for review to the Fiscal Analysis Branch, Budget Review Division, Office of Management and Budget by April 23, 1980. Those plans using a plan year other than the Federal Government fiscal year may submit their annual reports at later dates, as specified by P.L. 95-595. Approved reports will be submitted by the agency head to the Congress. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ATTACHMENT B FOR IMMEDIATE RELEASE DECEMBER 10, 1979 Office of the White House Press Secretary THE WHITE HOUSE EXECUTIVE ORDER FEDERAL GOVERNMENT PENSION PLANS By the authority vested in me as President of the United States of America by Section 121(a)(1) of the Budget and Accounting Procedures Act of 1950, as amended (92 Stat. 2541, Public Law 95-595, 31 U.S.C. 68a), and Section 301 of Title 3 of the United States Code, and in order to provide consistency among the financial and actuarial statements of Federal Government pension plans, it is hereby ordered as follows: 1-101. All the functions vested in the President by Section 121(a) of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68a), are delegated to the Director of the Office of Management and Budget. The Director may, from time to time, designate other officers or agencies of the Federal Government to perform any or all of the functions hereby delegated to the Director, subject to such instructions, limitations, and directions as the Director deems appropriate. 1-102. The head of an Executive agency responsible for the administration of any Federal Government pension plan within the meaning of Section 123(a) of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68c), except subsection (a)(9) and (b), shall ensure that the administrators of those plans comply with the form, manner, and time of filing as required by the Director of the Office of Management and Budget. 1-103. Subject to the provisions of Section 1-101 of this Order, and in the absence of any contrary delegation or direction by the Director, the Secretary of the Treasury, with respect to the development of the form and content of the annual reports, shall perform the functions set forth in Section 121(a) of the Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. 68a). In performing this function, the Secretary shall also be responsible for consulting with the Comptroller General. JIMMY' CARTER THE WHITE HOUSE, December 10, 1979. ATTACHMENT C 1.• •• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PUBLIC LAW 95-595 NOV. 4, 1978 92 STAT. 254] Public Law 95-595 95th Congress 1978 To amend the Budget and Accounting Procedures Act of 1950 to require that the Comptroller General provide for a financial audit with respect to pension plans for officers and employees of the Federal Government and its agencies and instrumentalities, to require that an annual report, including a financial statement and an actuarial statement, be furnished to the Congress and the Comptroller General with respect to such plans, and for other purposes. [H.R. 97011 Be it enacted by the Senate and House of Representatives of the United States of America in Congress a,ssembled, SECTION 1. Part II of title I of the Budget and Accounting Procedures Act of 1950 (64 Stat. 832) is amended by adding at the end thereof the following new matter: Budget and Accounting Procedures Act of 1950, amendment. 31 USC 1 note. 31 USC 65 et seq. "Subpart C c‘FEDF.RAL GOVERNMENT PENSION PLANS 120. It is the purpose of this subpart to protect the interests of the Nation and of the participants and their beneficiaries in Federal Government pension plans and certain other pension plans by requiring full disclosure of the financial condition of such plans. "SEc. 121. (a) Notwithstanding any other provision of law or any administrative determination to the contrary, each Federal Government pension plan and each plan described in section 123(b), except as specified in subsection (b) of this section, shall be deemed to be suS.ct to the provisions of section 103 of the Employee Retirement Income Security Act of 1974 in the same manner as an employee pension benefit plan to which such section applies,except that, with respect to such a Federal Government pension plan or a plan described in section annual report required by such section shall be in such form, and shall include such information and data as the President, in consultation with the Comptroller General (or in the case of a plan described in section 123(a)(9) or 123(b), the Comptroller General) may prescribe; "(2) the annual report required by such section shall be furnished to the Congress and to the Comptroller General, not later thIn the end of the two hundred and ten-day period beginning on the day after the last day of the plan year involved; "(3) unless specifically authorized by the Comptroller General, no provision of such section which provides for waiver of, relief from,or exception to any requirement otherwise applicable tS an employee pension benefit plan shall be deemed to apply to such Federal Government pension plan or such plan described in section 123(b) "(4) the provisions of section 104(b) of such Act shall not apply; "(5) the report required by this subpart shall be in addition to anI shall not supersede other reports or projections required by and 31 USC 68. 31 USC 68a. 29 USC 1023. 29 USC 1024. 39-139 0 - 78 (518) • 92 STAT. 2542 29 USC 1023. 31 USC 68b. Recommends. tiono, mbmittal to Congress. "Federal Government pension plan." 31 USC 68c. 29 USC 1001 note. 26 USC 3101. 26 USC 3201. 29 USC 1002. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis HAUG LAW 95-595—NOV. 4, 1978 "(6) other than in the case of a plan described in section 123(b), the Comptroller General shall perform such audits as the Comptroller General deems appropriate in lieu of the requirements for the independent qualified public accountant under section 103 of the Employee Retirement Income Security Act of 1974. "(b) Nothing in this subpart shall be construed as imposing any requirement with respect to a Federal Government pension plan for officers or employees of the Central Intelligence Agency, unless the imposition of such requirement is specifically approved in writing by the President. "(c) Nothing in this Act shall preclude the use by a plan of the services of an enrolled actuary employed by the agency or agencies administering the phn. "SEC. 122. If regnested by either House of Congress (or any committee thereof) or if deemed necessary by the Comptroller General, the General Accounting Office shall— "(1) review financial and actuarial statements furnished pursuant to section 121 for the purpose of determining whether the reporting requirements of such section are adequate to carry out the purpose of this subpart; and "(2) submit to the Congress such recommendations for legislative action as it may deem necessary to carry out the purposes of this subpart. "SEc. 123. (a) For purposes of this subpart, the term 'Federal Government pension plan' means a pension, annuity, retirement, or similar plan (other than a plan covered under the Employee Retirement Income Security Act of 1974, or any plan or program which is financed by contributions required under chapter 21 of the internal Revenue Code of 1954 (the Federal Insurance Contributions Act) or chapter 22 of the Internal Revenue Code of 1954 (the Railroad Retirement Tax Act)), whether or not such plan is an employee pension benefit plan within the meaning of section 3(2) of the Employee Retirement Income Security Act of 1974, established or maintained by the Government of the United States, or an: agency or instrumentality thereof, for any of its officers or employees, without regard to the number of participants covered by such plan, and such term includes but is not limited to the following plan: "(1) Civil Service Retirement System; "(2) Foreign Service Retirement and Disability System; "(3) Military Retirement System; "(4) Coast Guard Retirement System; "(5) Commissioned Corps of the Public Health Service Retirement System; "(6) National Oceanic and Atmospheric Administration Retirement System; "(7) Tennessee Valley Authority Retirement System; "(8) nonappropriated fund plans; and "(9) judicial plans. •JA. PUBLIC LAW 95-595—NOV. 4, 1978 92 STAT. 2543 "(b) For purposes of this subpart, the plans described in section 123(b) are the following (other than any of the following which are covered under the Employee Retirement Income Security Act of 1974) "(1) Federal Reserve Employees Retirement Plans; "(.2)Federal Home Loan Bank Board Retirement Systems; "(3) Federal Home Loan Mortgage Corporation Plan; and "(4) Farm Credit District Retirement Plans. "SEC. 124. The requirement imposed by section 121(a) shall apply with respect to plan years beginning after September 30, 1978. For purposes of this section, the term 'plan year' means with respect to a plan, the calendar, policy, or fiscal year chosen by the plan on which the records of the plan are kept". SEC. 2. Part II of title I of the Budget and Accounting Procedures Act of 1950(64 Stat. 832) is further amended— (1) by inserting after "PART II—ACCOUNTING AND AUDITING" the following new center heading: "Subpart A"; and (2) by inserting after section 111 the following new center heading: "Subpart B". Approved November 4, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1678(Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 15, considered and passed Senate. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 0 29 USC 1001 note. 31 USC 68d. "Plan year." 31 USC 65. W 3 7-->v a-tke,„ • THE WHITE HOUSE VVASHINGTON April 11, 1980 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES SUBJECT: Procurement Sanctions 00'4 ' der" 3? Inflation continues to be one of our most pressing national problems. It is a problem which we must all fight togcther, and with every weapon at our disposal. In the fall of 1978, the Council on Wage and Price Stability developed wage and price guidelines and we asked for voluntary compliance with those guidelines. We went a step further with respect to Government purchasing, and stated that firms which did not comply with these guidelines would not be eligible to receive Federal Government contracts worth more than $5 million. It is critical that the Government continue to make pruI•uying decisions as a purchaser and consumer of goods and services. Accordingly, I ask that each of you personally take responsibility for approval of all requests to waive either certification of compliance with the Council on Wage and Price Stability's standards or ineligibility for contract awards to assure scrutiny at the highest level of all such requests. Specifically, waivers should not be granted unless approved by the Head of the Agency or a Cabinet-level official, whichever is hi• gher, after prior consultation with the Chairman of the Council on Wage and Price Stability. Waivers should only be considered for the most essential national security requirements and then only when there are no alternative sources available. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis A/14 W14- -3 Jilited States of America Office of Fersonnel Management Washington, PZ[S1II 15 Your REIrrenc c April 8, 1980 MEMORANDUM MR HEADS OF DEPARTMENTS AND AGENCIES On August 3, 1979, we issued FPM Bulletin 315-19 (Special Bulletin #64) providing FPM instructions for establishing a probationary period for newly appointed managers and supervisors, as authorized by 5 U.S.C. 3321. Agencies were asked to submit one copy of their plans implementing this new requirement to: Morton I. Horvitz, Chief, Office of Policy Analysis and Development, Staffing Services Group, Office of Personnel Management, 1900 E Street, N. W., Room 6526, Washington, D.C. 20415. To date, we have received only 20 agency plans. The purpose of this memorandum is to emphasize the importance of these plans to our ongoing efforts to evaluate this facet of Civil Service Reform Act implementation. We recognize the heavy workload placed on agencies by the many Reform Act provisions. However, the probationary period requirement was effective August 11, 1979, and agency instructions for carrying this into effect should already have been developed. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Would you, therefore, please submit them no later than May 1, 1980. Jule M. ugarman Deputy Director CON 114 24-3 January 1979 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis *3.6' • • • •• • • • of GOvEk . BOARD OF GOVERNOR OF THE *co . . • Li.J. .0 • on, 4..4 ..... A. itfff i-.0 vl. .a. (,) • FEDERAL RESERVE SYSTEM WASHINGTON,0.C. 20551 ?AL RES%• April 22, 1980 Ms. Diane Steed Acting Deputy Assistant Director for Regulatory Policy Office of Management and Budget Room 3228 New Executive Office Building Washington, D.C. 20503 Dear Ms. Steed: In response to the request for information from independent agencies on their activities in "Improving Government Regulations", we are enclosing a copy of the Final Status Report for 1979 for the Federal Reserve System's Regulatory Improvement Project. This status report was prepared as part of an overall report on the objectives for this project. The review and improvement of all the Federal Reserve's regulations is considered a major objective of the System. Sincerely yours, t-4-trti Le-c;j, Barbara R. Lowrey, Assistant Secretary to the Board Regulatory Improvement Project Enclosure BRL:cac wit https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 111 FINAL STATUS REPORT 111 REGULATORY IMPROVEMENT PROJECT OBJECTIVE: Review all existing Federal Reserve regulations to determine if such regulations are meeting their current policy goals; rewrite the regulations to improve style and clarity; review the scheme of all regulations and preserve the integrity of the improved regulatory structure and content. Undertake a separate and similar review of all internal Federal Reserve rules, regulations and published procedures. STATUS: As of the end of 1979 reviews had been completed on eight regulations: C (Home Mortgage Disclosure); E (Purchase of Warrants); K (International Banking Operations); L (Management Official Interlocks); M (Foreign Activities of National Banks); 0 (Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks); S (Bank Service Arrangements); and V (Loan Guarantees for Defense Production). Three (E, M and .9) had been abolished. However, as a result of the adoption of new legislation, two (E and S) had to be replaced with new regulations concerning electronic fund transfers and reimbursement to financial institutions for providing financial records. During the year, several Regulations were rewritten after the Board requested and received comments from the public. These were: K (International Banking Operations), L (Management Official Interlocks), and 0 (Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks). Regulation V (Loan Guarantees for Defense Production) was also rewritten. Also during the year, the Board adopted simplified rules for the computation of annual percentage rates under Regulation 7. (Truth in Lending). The simplified rules are of particular value to small financial institutions and other small businesses without the highly specialized personnel or equipment sometimes needea to compute annual percentage rates. In addition, the Board invited public comment on a revision of Regulation J (Collection of Checks and Other Items and Transfers of Funds), rewritten to make it easier to understand. Comment also was requested on proposed amendments to Regulation F (Securities of Member State Banks). The amendments would, among other things, facilitate preparation of financial reports for stockholders, which are especially burdensome to smaller banks. Under the original scope of the project, 17 regulations have yet to be reviewed. In 1980, staff will concentrate on Regulations G, T, U, X, J, Y and Z. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM It is my recollection that we provided an input to the first report. Would you prepare an appropriate response? Perhaps the Chairman or Vice Chairman should sign it -- I'll leave that up to you. In any event, please let Catherine Mallardi know the outcome. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis EAUTIVE OFFICE OF THE PRESAT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 APR 1 1 1980 Honorable Paul A. Volcker Chairman Federal Reserve Board Washington, D.C. 20551 Dear Mr. Chairman: As you know, E.O. 12044, "Improving Government Regulations", was issued on March 23, 1978. The Order was designed to simplify regulations, open new opportunities for public participation in the regulatory process and assure more effective oversight of the development of agency regulations. Although the independent regulatory commissions are not subject to the Order, the President asked for your voluntary compliance with this important program. We have been pleased to receive occasional progress reports from some agencies noting changes in agency practices and the results of these changes in specific rulemakings. In our first public progress report on the Order, we included actions underway in the independent regulatory commissions. We are now compiling our second progress report and we would like to update our chapter on the independent commissions. We will be reporting on achievements in five areas: policy oversight; public participation; regulatory analysis; the review of existing regulations; and "p1Fin English." We would like to include some of your recent experiences in this second progress report and would appreciate receiving your response by April 21, 1980. Please address your response to Ms7TI65-4—neia, Acting Deputy Assistant Director for Regulatory Policy, Office of Regulatory and Information Policy, Office of Management and Budget, Room 3228 - New Executive Office Building. Thank you for your cooperation in the President's regulatory reform program. Sincerely, Way,tie G Gr quist As ociate Director for Management and Regulatory Policy https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis WASH I NG TON https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis THE WHITE HOUSE WASHINGTON April 8, 1980 MEMORANDUM FOR STU EIZENSTAT FROM: ESTHER PETERSON SUBJECT: Possible Meeting of Administration Officials with Representatives of Beef, Pork Grain Groups • Attached are remarks from John Mohay, President of the National Meat Association, relative to the situation he describes as critical within the livestock and meat industries. He recommends that Administration leaders meet with a small group of representatives of beef, pork and grain industries. A letter to this effect is coming to you. The points of their concern are attached. I am sending a copy of Mr. Mohay's remarks to Secretary Bergland, Fred Kahn, Charlie Schultze, Chairman Volcker, and Lynn Daft, persons with whom they would like to meet. Mr. Mohay called on me to explain their problems relative to our price ceiling program. Attachment https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - 3c7 Remarks of John Mohay President, National Meat Association at a meeting with Esther Peterson Special Assistant to the President White House Office of Consumer Affairs April 8, 1980 CURRENT BEEF/PORK SITUATION I. Current situation for beef producers, ranchers, cattlemen and wholesalers very bleak o Prices are far below costs of production o Effecting entire spectrum of production and distribution -- very unique situation unparalleled at any other point in history -- no supply and no demand. o Anticipate agricultural bankruptcy if nothing is done within the next 6-8 weeks. In addition, a crucial meat nt shortage is predicted by next year and/or exorbita prices for meat. hunRight now live slaughter cattle prices at $60 per Wholedred weight, down about S12 from one year ago. sale choice steer carcass costing approximately $92 to $94 today while a year ago prices ranged from 3105 s, to $109 and were increasing. By products, such as hide ucers, which previously were the profit-makers for prod April have decreased tremendously -- from $82.20 last to $33.00 today. Prices received for calves are down last 21%, yearlings 19%, and choice steers 17% from last year. Cattlemen began losing money per head August and today losses range from $84 to over $100 lost for each animal sold. The hog producers have currently over $90 million in the past 2 weeks and are . losing at the rate of $50 million per week II. Factors contributing to current situation A) , 41 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis s. Unavailability of credit and high interest rate e in In late 1978, catle producers were at that stag r the cattle cycle where they began liquidating thei shortages stocks. They predicted there would be beef in 1979 but would begin to rebuild their herds in the will early 80's. However, currently this has not and • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis not occur because cattlemen cannot afford to raise these cattle while facing the current record inflation rates and interest rates (up over 30%). At present there are only 50 cattle for every 100 people in the U.S. while in January 1975 there were 62 cattle per 100 persons. The entire cattle herd has decreased from 132 million in 1975 to 111 million in January 1980. The unavailability of credit disproportionately affects cattlemen. Reports of loans denied, distress selling, postponements of needed repairs and reductions in necessary outlays to maintain the farm. It is estimated that for every 1 percent increase in the interest rate, it costs the hog producer an additional $1.10 per hundredweight. This is not a short-term problem and there is no forecast for the situation to improve in the near future. As the credit crunch tightens the effects on cattlemen and pork producers will merely compound. B) Increased costs of production Tremendous increases in costs of energy and transportation in recent months. These effect the cost of production all along the line. Producers are unable to pass on rising costs to consumer. In an attempt to save on some costs many slaughtering plants and meat packers are shutting down completely, decreasing their work week, or laying off employees. C) Sluggish consumer demand for beef and effects of competing meats Consumer demand for beef products have been decreasing markedly due to the large available supplies of pork and poultry and their relatively low (and decreasing) price. As a result, consumers are substituting pork and poultry products for beef products which further places an economic burden on producers who must cope Anticiwith an already depressed market for beef. pated that hog raisers will cut production and step up slaughter to work out an overabundant pork supply. By decreasing supply pork prices should increase. • D) III. Due to the liquidation of stocks and inventories in the late 70's, the entire industry has become much more unstable -- no supply cushion left to fall back upon. Recommended solutions -- need for immediate action. A. Availability of money, i.e., low-interest government backed loans at rates of 12-15c/o. Necessary to stimulate rebuilding of herds. Imperative that cattlemen and hog producers have funds available or else bankruptcy will result. B. Encourage buying of leather goods instead of plastic. Leather goods need to be promoted as a good buy in order to stimulate demand. As demand for hides increases producers may be able to recoup some of their losses from meat sales. C. Increase demand for exports -- need to open the door in Japan and the European Economic Community. Stimulating demand abroad will prompt increased production as prices for beef and meat products rise. ? WO Increase consumer demand by promoting meat as an excellent buy. There is a definite need for the government and consumer groups to stimulate consumer demand for meat by encouraging its purchase. This can be done through advertising channels and various communication programs. This promotion can easily be accomplished by highlighting the nutritional and economic value of meat products. E. OV https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Increase government and military purchases of certain cuts of beef and pork. The various government food purchasing and assistance programs can greatly aid the meat industry if the government increases its purchase of meat products in general and, in addition, targets in on certain specific types and cuts of meat (for example, precooked roasts). Not only would this he an economical purchase for the government but at the same time it can stimulate production and increase revenues for the producer and rancher. Also, if the military increases its purchase of commercial cuts of meat this will prove beneficial to both the military and meat producers. S. STEER PRICES.) COSTS AND NET MARGINS YEAR FEED FE FEEDER STEERS OMAHA BREAKEVEN NET MARGIN $ per cwt. 1979 n. 49.92 57.02 January 60.35 February 64.88 March 71.04 50.97 58.26 April 75.00 51.72 59.04 May 73.99 52.73 59.80 + 14.19 June 68.53 55.33 62.88 + 5.65 July 67.06 58.73 66.53 + 0.53 August 62.74 61.90 70.12 September 67.84 66.14 74.65 - 6.81 October 65.81 68.02 76.65 - 10.84 November 67.00 68.31 75.93 - • 8.93 December 67.78 64.70 S. January 66.32 66.00 74.39 - 8.07 February 64.00* 62.70 70.90 - 6.90 March 60.00* 66.40 74.8• 3 - 14.83 63.89 72.22 63.95 72.33 64.37 72.73 I. 57.81 + 7.07 1980 April May •••••• .IM June * Estimated price https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis , 'UMW .••••• ./•• HOG PRICES, COSTS, AND NET MARGINS YEAR BARROWS & GIFTS 7 MARKETS FEED AND FEEDER BREAKEVEN NET MARGINS $ per cwt. 1979 January 52.13 40.85 49.63 + 2.50 February 54.42 41.04 49.79 + 4.63 March 49.38 39.56 48.27 + 1.11 April 45.04 38.58 47.23 - 2.19 May 43.79 37.67 46.35 _ 2.56 June 40.29 42.60 52.09 -11.80 July 38.73 43.17 52.76 -14.03 August 38.21 42.73 52.28 -14.07 September 38.62 38.58 47.74 - 9.12 October 34.70 34.49 43.31 - 8.61 November 36.01 33.58 42.25 - 6.24 December 38.45 32.30 40.83 - 2.38 36.00* 33.96 42.65 - 6.65 30.83 39.35 31.98 40.93 32.04 41.02 1980 January February March 38.28* April https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis * Estimated price - 2.75 AVERAGE PRICE CHOICE SLAUGHTER STEERS - OMAHA4 J0 80 10 60 50 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis LI I 1_ L 1 LI I 1 _I Jan Feb Mar I 1 iLLI.JLL L 1_ I 1 1 1 11 I LL Jul I t 1 ___LLLLI__Llill Dec Nov Aug Sep Oc • Apr May Jun AVERAGE PRICE OF HOGS 60 I 50 z 1979 40 ,... / •'-‘.....-\ i \/ \ /\ 1980 \ .e._ 30 20 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis L11111111IL (MILLI flan Feb Mar Apr May I Jun JIIIL1111111LII1111 I Dec 1 Jul Aug Sep Oc L Nov https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • AVERAGE MONTHLY PRICE ON BUTT BRANDED HIDES AS COMPLILED BY THE JACOBSON REPORT, CHICAGO, IL 1979 MARCH 76.95t APRIL 82.20t MAY 90.30t JUNE 81.95t JULY 75.48t AUGUST 64.09t SEPTEMBER---55.11t OCTOBER 54.45t NOVEMBER 51.89t DECEMBER 51.60t 1980 JANUARY 54.70t FEBRUARY 44.69t MARCH 34.14t Last Quoted Price APRIL 3 33.00t • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CPI PERCENT CHANGE FROM FEBRUARY 1979 TO FEBRUARY 1980 FOR SELECTED ITEMS Food 7.3% Food at Home 5.8 Commodities 13.6 Energy 46.6 All items less food 15.7 Transportation 22.5 Services 15.0 Meats 2.3 Beef and Veal 9.4 Pork —12.7 6.6 Other Meats Poultry * — 1.7 For all Urban Consumers, US City Average 2 3 kir?, 1980 As. 4.sther Peterson Special Asistant to the President for Consumer Affairs The White aouse 4ashington, D.C. 20500 Dear Hs. Peterson: Thank you for your March 28 letter concerning the Board's consumer credit restraint regulation. In your letter, you urge the Board to adopt a regulation prohibiting changes in terms that affect outstanding balances on existing credit accounts. As i am sure that you are aware, on Anril 2 and 14, the 'board amended its consumer credit restraint regulation to establish a uniform rule for creditors to follow if they wish to make certain changes in terms on open-end and 30-clay credit accounts. Enclosed are copies of the amendments and the press release describing the rules adopted by the Board. Before taking those actions, the Board and its staff considered many comments such as yours. The Board believes that the change in terms rule best effectuates the purpose of its provxam to restrain the growth of consumer credit, while taking into account consumers' concerns about adequate notice and creditors' concerns about disruption of their credit plans. We appreciate your taking the time to send us your coments for your consideration. Sincerely, Enclosures Claudia Yarus:flh WH:33 4/21/80 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 ' t, 1 f. • Jr ,..,•% - "AY.' '''", ''' 1 4 ii4i13ititoe 'ie' / ei 41 4't • ee THE WHITE HOUSE WASHINGTON March 28, 1.980 Mr. Paul A. Volcker Chairman Board of Governors Federal Reserve System 20th Street and Constitution Ave., NW Washington, D.C. 20551 q Dear Yr. Volcker: I am writing to express my deep concern regarding proposed changes in revolving charge accounts being implemented by many creditors in response to President Carter's call for credit controls, and the imposition by the Board of Governors of the Federal Reserve System (the "Board") of controls requiring a fifteen (15) percent special deposit for increases in consumer credit. Let me say first that I fully support the President's decision to impose controls on the extension of consumer credit. I do so recognizing that restricting availability of credit may result in hardship for many persons. Nonetheless, I believe that all of us will benefit in the long run from this action. I also believe that, as to future extensions of credit, it is best to leave it to the marketplace to decide how credit is to be allocated. In response to the Board's actions on consumer credit, a number of large retailers and other consumer creditors have announced that they are increasing the minimum monthly payments which consumers must provide. Except where expressly prohibited by state law, the new minimum payment requirements will be extended to outstanding balances as well as to balances from new purchases on credit. I do not believe that the imposition of credit controls should unfairly burden consumers who have previously used credit based on certain expectations as to how that credit was to be repaid. Many consumers, faced with increases in monthly payments from several creditors, will find it difficult, if not impossible, to meet those increases. As a result, many may be forced into bankruptcy -- at a time when the personal bankruptcy rate has already increased dramatically. Therefore, I urge the Board to carefully consider the impact of these actions on consumers, and specifically prohibit creditors from retroactively applying any changes to outstanding balances. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CA 1:.)a 1:o. Out • PR 3 1. • • 2 • For years, the consumer credit industry has courted the consumer with promises of easy credit and low repayment terms Now, that same industry, claiming it cannot make a profit from these extensions of credit, is proposing to change those terms. In my view, it is unconscionable to allow creditors to impose changes retroactively on outstanding balances, the accumulation of which have been actively encouraged by creditors. I further believe that these proposed actions -- as retroactively applied -- may not successfully tighten credit. Rather, they will actually provide creditors with a greater amount of money to extend credit without having to make_ a special deposit. Prohibiting retroactive changes will make credit controls more effective because new credit extensions will be subject to the special deposit requirement and, therefore be more costly to the creditor. Obviously, a choice between competing interests is involved. Creditors want to continue issuing credit at a profit and consumers will continue to need some credit. But debtors with outstanding balances -- particularly those lower and middle income families who have budgeted their credit purchases based on the minimum payments required when they made their purchase -- will be especially harmed if changes are retroactively imposed. I, therefore, urge the Board to adopt a regulation prohibiting changes which apply to outstanding balances on consumer credit accounts. I believe that such a regulation would achieve the balancing of the burdens which President Carter intended in invoking his powers under the Credit Control Act. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Sincerely, Esther Peterson Special Assistant to the President for Consumer Affairs https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis April 14, 19FO Denr Wrtson: Thrnk you for your memorandum on the President's BYecutive Exchnnge Program. I strongly support the program mid will continue to encournge pnrticipntion in it throughout the Federal P.eserve System . hive psked that Governor Emmett J. Rice serve as the System's Unison to the Pre sident's Commission on Er.ecutive Exchnrge for 19C0411. Governor Rice, I am sure, shnres my ieens :'bout the benefi ts to be derived from this progrnm. Sincerely, Jnck H. Watson, Jr. Assistnnt to the President The White House Washington, D. C. 20500 cc: 1 Governor Rice Mr. Denkler Mr. Shannon Mr. Mulrenin Mr, Weis Mrs. Mallnrdi (WH-1 ET/Tulrenin:mhw THE WHITE HOUSE WASHINGTON March 25, 1980 MEMORANDUM FOR PAUL A. VOLCKER FEDERAL RESERVE SYSTEM FROM: JACK WATSON SUBJECT: The Pre 's Executive Exchange Program The President strongly supports the Executive Exchange Program, in which mid-career executives from private industry and the Federal Government work for a year in the opposite sector. When he met with the Presidential Exchange Executives on February 26, he said, " we have benefitted in the government, and I think the Nation has benefitted as well from your fine service." To ensure that your agency continues to support this Program, would you please designate a Presidential Appointee who is not a member of the President's Commission on Executive Exchange, to serve as liaison to the Commission for 1980-81. If .possible, I would like you to designate yourself. Would you pre'asenireg6 me if you concur. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ' • THE WHITE HOUSE • WASHINGTON March 24, 1980 Fv31 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES I have just signed a Presidential Proclamation designating the seven day period beginning May /, 1980 as Asian/Pacific American Heritage Week. Out of all proportion to their numbers, Asian and Pacific Americans ha,7e contributed to our Nation's progress in a wide range of fields - science, the arts, literature, agriculture, industry and commerce. Bringing with them the strong and varied traditions of their Asian and Pacific homelands, they have greatly enriched our cultural heritage and institutions. As President of the United States, I urge all members of the Federal establishment to recognize Asian and Pacific Americans during Asian/Pacific American Heritage Week. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - 4T https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -V* uea United States • Z.".. Fa.Executive Institute Route 29 North Charlottesville, Virginia 22903 Office of Personnel Management 804 296 0181 (FTS 937-1295) In Reply Refer To: Your Reference: .larch 20, 198C • • --- • •-• • • .57.55755.7. 7- `TD777'"7-\ r• - ' /1 _ep-_, Executives cf Ancestry J.. Offica o" 7,= r=:n, n1 's .-xcinrr: a n-7,bar of essential cutting, n 'avelopm...nt hich are stiltin:- to surface with thc imple::enta:ion If tht- :eniol. Executive :ervice provisi-n of the Civil service Reform _ thasa .."_"F:.! has l - evel r.-1 a snecial :ne-week activity focusin7 on Fiera. Executives :f H'spanir ancest:.:;, whi-h is schdul..d for Dr‘ 21 — the residential trai.lin7 facility of the Federal 7xacutiv :ticute in Charlottesville, Vinsinia. • , he Droran is antitlea 2iversity in Feder el A Focus on Executives "..7 .„. wha,,4. • c :, is the first in 1 :mnel as a series of exPeri" .nd tnnov:..tiv.= '-,-%,4 arsh4 n development focusinE on the -hanginq cs.mr..o.•-'t'on of th.workforce, the imulicati:ns and ramifications of these t' chana= fi;/Fd-r- Gov..rr-larit in terms of and new initiat.+1. ." amo :Den forum for liscussion, Dras,-ntstion and aysis of the -c'as restrInsil,i:ities and chalLcn.7.es which face those an:astrv who c„Irren occ.,:ny ,3overnment career osioios an,':r those 11^ ast,ire t;) ' ..:t•nermost , the and _ crrhi r•han -es in the 7-.Tulation of the Tr.ited tat c.s vhichare .1.=,r:-.Pnci for more of a ra-spive in tha rc workforr‘a as wel' .s axamina •^ -• v3rious constituent porulation a,7ancias and " 3 be may called to address in "e fo,-eqe.ble would Like to -e-07--,-.nd this plr--_-__ _ nrc4= 1 - you and hea-ti'v encourage :.'cu to no:ninate those managers ana executi within your ag:ency whom you and contribute to thi.7 innvative executive develop. , ment effort .t 7=1. 7:71:ss LL and attached 1:amthlat contain more snocific infcrmution on the i:urose and the th,„, -f this n.roc-ram as well as _•-• ration nroceaures and costs. T • may also ,:„.; the other topic week sessions. 7n - https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis you review the lttachea Pamphlet to take note of which will be axtlorad at the FEI this summer in short one- in sutcortirm nav-_ • think will be wo-k"o-ra .±.C.. ; on ._ '3, — Q1 it _ -. • t . a Z.". •1• va-v worthwhile pros.ram at the arranzeL"C ' of July 27 —1 BOARD OF GOVERNORS https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • OF TH EDERAL RESERVE SYSTEM 3/.2 //eCt 41111111111 --e-11•47 to eAd-11--(2 24.7")• ,ya-) , _z-rt-01 ,4,470 • vb. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis F LABOR O T N E M T R A U.S.DEP TION ARDS ADMINISTRA C. 20210 Tashington. D. AND EMPLOYMENT ST ms ensation Progra mp Co s' er rk Wo Office of ctor Office of the Dire MAR I AGENCIES L A R E D E F I L OF AL SENTATIVES 1980 FOR: MEMORANDUM FROM: SUBJECT: REPRE ARTMAN RALPH M. H Office Director, o/Programs i t a s n e p m o C Workers' Procedure g n i l l i B m or OWCP Unif y perform l t n e i c i f f e nd e paying, th promptly a l l i e b r o m d n a o on nfort t adjudicati ) is conti P s In its ef C m W i O a ( l c s m f a ith rogr ions o nsation P nnection w e o the funct p c m o n C I ' s . r s 3, ion Worke orm CA-133 hese funct F t Office of , y f l o e m n a o n i ted, utomat er's Claim been adop d uing its a i s v a o h r P m r o l f /or dica ling rvices and nsation Me e this a bil e s p m l o a C c i d ' e s m loyee payment of Federal Emp r o f optional. , s ) i d e s s o l l a c t n i e p hos Form (copy he form by t f o e s U ssible but o supplies. p s a n o as so fter this a uld begin o d h e s v i m e r c o e F s r this compensa0, as bill 8 The use of , 9 e 1 r o , f 2 e r e e n Th an Ju your the form. no later th n o d e sonnel in t r t e i p m b e u t s a e i b ee opr date must Any employ other appr d . n y a l p s p t u s s i l services dequate l a a tion specia c n i a d e n m i a t n btai ld main of CA-16 to o agency shou m r o F o copies w y t b h d t e i z w i r o ished who is auth ld be furn u o h s s e i l and/or supp . er Form CA-1333 to you und t n e s g n i e om is b his Fern ordered fr t e f b o y y a l m p p s su plie An initial d by your tional sup e i c d u d d A o r p . e r r e v or separate co ng Office, i t n i r P t n e the Governm s to agency. ur service o e v o r p m i g us in helpin n o i t a r . e p o Your co ppreciated a s i s e e y plo Federal em Enclosure nce on all correlonde er mb nu le fi d an rw, ZIP roar, Include your add • T I'A 1,1 NT • FEDIAIL EMPLOYEES COMPENSATION PROGRAM IPMEDICAL PROVIDER'S CLAIM FORM • erdEPARTME NT OF LABOR rAIIINT 1.1A MI If V ATI r•I rATH 1? roam. ry, ,,,1• • rs 411• ••1•• c1. vat- % •tol •PA of ''., tiI I (-A •• ASE NUMBE R '(YALE 1 7 NAME AND AMOR SS TH 1 VI'LDr'NG At-,E 'ICY _ 10 AA% A PA Alf It II, TI s f _ ) IA • .f . . IISON S . f, (••4 fb..nt tw/or, on if 511,%1 o PHOVIDE II INI(JIIMATION ILLNESS 11111ST SYMPTOM)(III tNTDITy 14 DATE 91 1ACCIDI N TI 15 DATE T ItTsT CONSULTED YO1 CONDITION )1 THIS 16 HAS PATIENT EVER HAD OR SIMILAR SYMPTOMS' fl NO YES I OATES OF PARTIAL DISABILITY 41114 IT Y 18 DATE S Di TOT Al. 015, 1' DA TI PA III NT ABLE TO SAME (IF TURN TO b4(011k I THROUGH FROM THROUGH HOM 111 1.4A M1 OF Ill I I imING PHYSIC /AN 011 0111( 11 SOURCE (e.g.. onIPIOVIngagenCY) 1 1SsE 4; ) ( :0 1) V ICES TT(LATE 0 TO HosPITALtZATION DIVE HOSPITALIZATION I DISCHARGED ADMITTED •,,AAVI ANT) ADDRESS f IL ITV 1NFIE RE SE liVICE S HI Not III 0(If other than horn, or ollIce) WAS LABORATORY WORK PERE MIMEO OUTSIDE YES DIAGNOSIS OFT NATURE 01 ILLNESS OR INJLIFIT RELATE DIAGNOSIS TO PROCEDURE IN COLUMN YOUR OFFICE' CHARGES NO • I) NUMBE 145 1.7..! ETC 014 Ox CODE /Spy ,osniArr,ont on otwoosol B• ITE I FF11N 1 2 1 4 A DATE OF SI IlyiCE IV f. ,Roc' MATES. MEDICAL sEtiviCES On SorPot s I TOINISHE It I uLL r DI srmilit' DATE IvIVI N PLACE PROLE OL/HE CODE OF I tEliviCE IIDE NTli r 'EACH IF XPL AIN UNUSUAL SERVICES OR CIRCUt“ TA',' Ox CODE colARL;( S 7R AMOUNT PAID TOTAL CHARGE 25 SRoNA111111 OF PROVIDE' Il (I CI,Of): th.or Op statement on the 'Prone orphel to Pi,. Om .4nd n 9 BALANCE DUE 1: •port hem°, PDOVIDE WS NAME A14011155 ZIP CODE AND.TE LE PTT0NE NO. xi youiT.SIK-H4 SICLJI1ITY SIUNE0 _ DA It 31 YOUR 37 YOUR PATIENT'S ACCOUNT NO MPLOYER Ill NO • o L, AC1 Of SI nv,Ct CUOIS 1 2 3 INPATIF NT HOSPITAI OUTPATD NT HOSPITAL DOCTOR S or F IC https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 % 6 147114415 HOW ()AY(Allf 1 A( 1111y frsy Poc.HT I AID I 4CI1 IT Y IPSYI 7 8 9 '.( IISINI, HOME '0,11110 14111151111, F AC1L ITV o'MILK A NCI 0 A B APONOVI OTHER LOCATIONS IND( Pf 1101N7 lABORATORY OTHER MEDICAL -SullwcAL rAcit ITY BY AlA COUNCIL ON 1.4l OIC•L SERVICE Form C.A I ' DecembAr ' Sere • Patient Information: • It.,m • The name of the Patient must b.. 1 in here as pr1(1.1 .21P'‘'71. Item 2 P.1onth, day and year of patient's hr th Item 4 This should be filled in as completHy and accurately as possible. Item 5 -- The sex of patient must he ir7ilicated. ltrm 6 Item It The applopriate block should„he checked. l'ayillent for thr. r The patient's soill,ildr‘. V'rviCeS rendered and Cf”(I fins that the services were, ill fact, rendered. This block must be signed oi the claim can. not be processed. In -Henn E the charge for each service described in column ( sho.C . I be entered. F can be used for any additional remarks. If this claim or (lily portion of this claim, has been previously submitted, shoei',1 he so indicated in this column. 12 Provider Information: Since many different types of providers may use this form, it is unlikely that all the items will be completed by any single provider. For ins lance, item 22 would not be completed for milergency ambolance transportation. This i tern must Contain the date of the first symptons Item 14 an illness or the date of the accident for an wilily . for Month, day and year patient first consultr d the for the condition for which the claim is being submitted. !tern 15 - 1)1 nvidi,t Item 16 -- Provider should check the appropriate block !tern 17 & 18 These items are for completion by the attending -physician. Item In C "Arlin D it is not mandatory to enter a diagnosis code bo. it preferred that the loteenational Classification of Disease' Adarred (ICDA) Code be entered. Enter FECA Case No. 7 - The name and address of 111P einPloying aglty. should be included. Item 10 C fully describe the service that was rendered. HosPita' char';, ; other than room charges must be itemized though date o' serv.c , need not be given. It is not mandatory that a procedur, code be entered but, it is preferred that the appropriate Californi Relative Value (CRV) Code be entered: When using the CFR Code please indicate the year of the edition you used. This item must be completed on your initial claim for 19 this patient. Item 20 Complete if applicable (month, day, year). Item 21 - Complete if applicable It the answer is yes, the.amount of charges from the Itern 22 I aboratory must be coinpleted and the iiarne and address of the laboratory must be entered in item 21. Item 23 -- The diagnosis must always lw included on a claim from a physician and, it should lw included on all other claims if known. Item 24 -- In column A enter the month, day and year for each service. "From" and "To- can he used for repetetive services such as hospital care charges or visits by a physician in a hospital. In column B enter the appropriate place of service code shown at the bottom of the form, If the place of service is other than the patient's home or your facility, it should be so indicated in item 21. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Item 25 - The provider, or a representative, must personall sign and date the claim form. The claim cannot be pr( ressed unless it is signed. By this signature, the provide . certifies that the described services were, in fact renderec as described either personally by the provider or unde direct personal supervision: that the foregoing informatio! 'S true, accurate and complete • futhermore, the service were medically necessary because of the condition ind , rated in item 23. !ter' 27 - This amount must equal the total of all amount i.nteied in itern 24 column E. Item 28 & 29 -- These items relate to bills with a runnin balance They should be completed if applicable and pri \ musk; submitted items should be so indicated in item ':olumn F. hen 30 - The Social Security Number should be used by a' or °vider s that are in independent practice. 'tee '31 -- This item must be completed in detail. Don't forge' 'hi' code. !ter, 2 - The patient's account number, as recorded in the pa( vider's accounting system, may be entered for additionw Patient identification. Imre 33 - The Employer I.D. Number should be complete(' when the services are provided by an entity that has bee' assigned an income tax identification number other that. the social security number, i.e., physicians in a professiona. association, claims from an institution such as a hospita'r etc. Either item 30 or 33 must be completed or the elairwill not he processed. Ple,v,e double check the claim for for accuracy and submit it the lopropriate Federal Employees' Compensation Office. Any one -.ho misrepresents or falsifies information may upon cor victii,ii be subject to fine and imprisonment under applicabl, feder at laws. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis . You may be a member of a political party or other political organization and attend meetings and vote on issues, but you may not take an active part in managing the organization. . You may attend a political convention, rally, fund-raising function, or other political gathering, but you may not take an active part in conducting or managing such gatherings. . You may sign petitions, including nominating petitions, but may not initiate them or canvass for signatures, if they are nominating petitions for candidates in partisan elections. . You may petition Congress or any Member of Congress, such as by writing to your Representatives and Senators to say how you think they should vote on a particular issue.