The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
F E D E R A L R E S E R V E B A N K O F D A LL A S F IS C A L A G E N T O F T H E U N IT E D S T A T E S D A L L A S,T E X A S 7 5 2 2 2 Circular No. jk-27 January 25, 197^- To the Chief Executive Officer of the Bank Addressed in the Eleventh Federal Reserve District: Enclosed are amendments to Circular No. 92, Circular No. 1079j and excerpts from the General Services Administration Rules and Regulations. All of the material is related to the Equal Employment Opportunity Executive Order 112^6 by Executive Order 11375, and concerns the promotion of employment of Viet nam veterans. Additional copies of this material may be obtained by contacting this office, but any inquiries concerning the regu lations should be directed to the Contract Compliance Officer, Treasury Department, Washington, D. C. 20220. FEDERAL RESERVE BANK OF DALLAS Fiscal Agency of the United States Enclosures This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org) UNITED STATES TREASURY DEPARTMENT Fiscal Service, Bureau of Accounts Regulations Governing the Deposit of Federal Taxes with Depositary Banks and Federal Reserve Banks Department Circular No. 1079 (First Revision) Revised December 13, 1967 Amendment No. 1 Department Circular No. 1079 (First Revision), dated December 13, 1967, is hereby amended, effective January 1, 1974, as follows: 1. By changing Subsection 214.5(c) to read as follows: 1 (c) Agreement— Receipt by a depositary of notice of 1 approval of its application by the Federal Reserve Bank completes the depositary's qualification and creates an agreement between it and the Treasury Department under which the depositary agrees to be bound by all the terms and provisions of this part and the provisions prescribed in section 202 of Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375." 2. By changing Subsection 214.5(d) to read as follows: ' (d) Existing agreements— Existing agreements between * depositaries and the Treasury Department shall continue in effect without further action until terminated„ A depositary which accepts a deposit of Federal taxes under an existing agreement thereby agrees to be bound by all the terms and provisions of this part and the provisions prescribed in section 202 of Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375." ( )John K. Carlock Fiscal Assistant Secretary DATED: January 2, 1974 UNITED STATES TREASURY DEPARTMENT Fiscal Service, Bureau of Accounts Regulations Governing Special Depositaries of Public Money Department Circular No. 92 (Second Revision) Revised October 9, 1967 Amendment No. 3 Department Circular No. 92 (Second Revision), dated October 9, 1967, as amended, is hereby further amended, effective January 1, 1974, as follows: 1. By changing Section 203.4 to read as follows: "A special depositary which accepts a deposit under this part enters into a contract of deposit with the Treasury Department. The terms of the contract include all the provisions of this part and the provisions prescribed in section 202 of Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 113 75, and the provisions of the General Services Administration regulations for the promotion of employment of disabled and Vietnam era veterans, 41 CFR Subpart 1-12.11, except that depositaries which notify the Department of the Treasury that the gross annual earning value on their Federal deposits is less than $2,500 are exempt from the application of the General Services Administration regulations." DATED: January 2, 1974 9508 RULES AND REGULATIONS objectives, stockpile-grade materials in the Defense Production Act and the sup plemental stockpile inventories shall be retained for national stockpile purposes. n. Disposals. —The Director of the Office of Emergency Preparedness will authorize the disposal of excess m a terials only after due regard to: (a) Avoidance of serious disruption of the usual m arkets of producers, processors and consumers, and (b) the protection of the United States against avoidable loss. In general, excess materials constitute unneeded assets and shall be disposed of as expeditiously as possible. In making such disposals preference shall be given to materials th a t deteri orate, th a t are likely to become obsolete, th a t do not meet quality standards, or th a t do not have stockpile objectives. The Administrator of General Services shall be responsible for disposal of excess materials. He shall advise the Secretary of S tate and the Assistant to the Presi dent for Economic Affairs in advance on all disposal plans. o. Government use.—Under such poli cies and procedures as the Administrator of General Services may prescribe, Government agencies which directly or Indirectly use strategic and critical m a terials shall fulfill their requirements through the use of m aterials in Govern m ent inventories th a t are excess to the needs thereof. Direct use means use in a Government-owned and operated fa cility and use in a Government-owned facility which is operated by a con tractor for the Government. Indirect Government use means use by prime contractors and all tiers of subcon tractors in the production of items being procured by the Government. 4. Delegation of a u th o rity — Prepara tio n of reports. —The Administrator of General Services shall prepare on be half of the Director of the Office of Emergency Preparedness and forward to him for transm ittal to the Congress th e reports required by section 304 of the Defense Production Act of 1950, as amended, and section 4 of the Strategic and Critical Materials Stock Piling Act. 5. Effective date. —This order shall take effect on the date hereof. Dated April 11, 1973. D arrell M. T r ent , A cting Director, Office of Emergency Preparedness. [FR Doc.73-7348 Filed 4-16-73;8:45 am] Title 41— Public Contracts and Property Management CHAPTER I— FFDERAL PROCUREMENT REGULATIONS EMPLOYMENT OF DISABLED AND VIETNAM ERA VETERANS This amendment of the Federal pro curement regulations revises subpart 1 12.11 relating to the listing of employ m ent openings by Government contrac tors and subcontractors in order to give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era. The am endm ent im plements provisions of Public Law 92-540, approved October 24, 1972, Ex ecutive Order 11701, dated January 24, 1973, and rules and regulations of the Secretary of Labor issued pursuant thereto (41 CFR 50-250, 38 FR 2968* Jan. 31, 1973). It provides for the inclu sion of a contract clause in all procure m ent contracts and first-tier subcon tracts which requires Government con tractors and subcontractors to offer for listing a t an appropriate local office of the Federal-State employment service system all employment openings which occur a t their facilities. practicable the U.S. Employment Service (USES) and its affiliated local S tate em ployment service offices in meeting the contractors’ and subcontractors’ m an power (labor supply) requirements to staff new or expanding facilities, includ ing the recruitm ent of workers in all occupations and skills both from local labor m arket areas and through the Fed eral-State manpower clearance system. Local State employment service offices are operated in every State and in the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. In addition to providing recruit m ent assistance to contractors and sub PART 1 -2 — PROCUREMENT BY FORMAL contractors who need and desire it, cooperation with the local State employ ADVERTISING m ent service offices will furth er the n a Subpart 1-2.2— Solicitation of Bids tional program of m aintaining continu Section 1-2.201 is amended to revise ous assessment of manpower require ments and resources on a national local paragraph (a) (30), as follows: basis. § 1— 2.201 P reparation o f invitations fo r bids. • • • • § 1— 12.1102 L isting § 1-12.1102-1 (a) • • * of e m p lo y m e n t o p e n in g s. * P olicy. In order to give special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era, Government contractors and firsttier subcontractors shall list all of their suitable employment openings with the appropriate local office of the State em ployment service system as required by L is t in g o f E m p l o t m e n i O p e n in g s Public Law 92-540, approved October 24, Bidders and offerors should note that this 1972 (86 Stat. 1097; 38 U.S.C. 2012), Ex solicitation Includes a provision requiring ecutive Order 11701, dated January 24, the listing of employment openings with the 1973, and the rules and regulations of the local office of the Federal-State employment service system where a contract award is Secretary of Labor issued pursuant there to (41 CFR 50-250, 38 FR 2968, Jan. 31, for $2,500 or more. 1973). (30) The following provision regarding the employment of qualified disabled veterans and veterans of the Vietnam era shall be placed on the face of the invitation for bids or on a cover sheet where awards in the amount of $2,500 or more may result: § 1-12 .11 02-2 PART 1-12— LABOR The table of contents is changed to provide a revised entry as follows: Sec. 1-12.1102-4 Inquiries on ments. listing require Subpart 1-12.11 is revised to read as follows: Subpart 1-12.11— Listing of Employment Openings §1— 12.1100 S copc o f subpart. This subpart sets forth policies and procedures relating to manpower re quirements for Federal contractors and subcontractors and implements Public Law 92-540, approved October 24, 1972 (86 Stat. 1097; 38 U.S.C. 2012), Execu tive Order 11701, dated January 24, 1973, and rules and regulations of the Secre tary of Labor issued pursuant thereto (41 CFR 50-250, 38 FR 2968, Jan. 31, 1973) concerning employment oppor tunities with Federal contractors and subcontractors, w ith special emphasis on the employment of qualified disabled veterans and veterans of the Vietnam era. §1-1 2.1 101 G e n e ra l. Executive agencies shall cooperate with and encourage contractors and subcon tractors to utilize to the fullest extent F l D f R A l REGISTER, VOL. 3 8 , Clause. Unless otherwise provided in this sub part, executive agencies shall include, either directly or by reference, the con tra c t clause prescribed by this § 1-12. 1102-2 in (a) all invitations for bids and requests for proposals for the procure m ent of personal property and nonper sonal services (including construction), and (b) all contracts for the procurement of personal property and nonpersonal services (including construction), includ ing contracts resulting from unsolicited proposals, where it is anticipated th a t a contract will be for $2,500 or more. L is t in g of E m ploym ent O p e n in g s (This clause* is applicable pursuant to 41 CFR 50-250 If this contract is for $2,500 or more.) (a) The contractor agrees, In order to pro vide special emphasis to the employment of qualified disabled veterans* and veterans of the Vietnam era, that all suitable employ m ent openings of the contractor which exist at the time of the execution of this contract and those which occur during the perform ance of this contract, Including those not generated by this contract and including those occurring at an establishm ent other than the one wherein the contract is being performed but excluding those of Independ ently operated corporate affiliates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such reports to such local oflice regarding em ployment openings and hires as may be N O . 7 3 — TUESDAY, APRIL 1 7 , 1973 t 9509 RULES AND REGULATIONS re q u ire d : Provided, That If this contract Is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of employment openings with the employment service system pursuant to this clause shall be made at least con currently with the use of any other recruit m ent service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non veterans. This 'listin g of employment openings does not require the hiring of any particular Job applicant or from any par ticular group of job applicants, and n o th ing herein is intended to relieve the con tractor from any requirements in any stauites, Executive orders, or regulations re garding nondiscrim ination in employment. (c) The reports required by paragraph (a) of this clause shall include, but not be lim ited to, periodic reports which shall be filed at least quarterly w ith the appropriate local office or, where the contractor has more than one establishm ent in a State, with the central office of the State employment servi'e. Such reports shall indicate for each establishm ent (i) th e number of individuals who were hired during the reporting period, (U) the number of those hired who were dis abled veterans, and (iii) the number of those hired who were nondisabled veterans of the Vietnam era. The contractor shall sub m it a rt >rt within 30 days after the end of t t ' ■ sporting period wherein any per form under this contract. The contror > sh t/i Maintain copies of the re r ports . .-.omitted un til the expiration of 1 year after final payment under the contract, during which tim e they shall be made avail able, upon reqii'r-t. for examination by any authorized repn -n catives of the contract ing officer or of the Secretary of Labor. (d) Whenever the contractor becomes con tractually bound by the listing provisions of th is clause, he shall advise the employment service system in each State wherein he h a s establishm ents of the name and location of each such establishm ent in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by | th is contract clause. | (e) T clause does not apply to the list > ing of em ploym ent openings which occur and r.re Hied outside of the 50 States, the Dis ..let of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clatise does not apply to open ings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular openinc once an employer decides to con sider <TpMcants outside of his own organi zation . oinplo} cr-union arrangement for that ope'ui g. (g) As used in this clause: (1) “All suitable employment openings’’ Includes, but is not limited to, openings which occur in the following Job categories: Production and nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and execu tive, administrative, and professional open ings which are compensated on a salary basis of less than $18,000 per year. The term includes full-tim e employment, temporary employment of more than 3 days’ duration, and part-time employment. It ‘ oes not in d clude openings which the contractor pro- No. 73—P t. I ------- 5 poses to fill from w ithin his own organiza tion or to fill pursuant to a customary and traditional employer-unlon hiring arrange ment. (2) "Appropriate office of the State em ploym ent service system ” means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area of the establishm ent where the employment open ing is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) “Openings which the contractor pro poses to fill from w ithin his own organiza tio n ” means employment openings for which no consideration will be given to persons outside the contractors own organization (including any affiliates, subsidiaries, and parent com panies), and includes any open ings which the contractor proposes to fill from regularly established “recall” or “re hire” lists. (4) “Openings which the contractor pro poses • * • to fill pursuant to a customary and traditional employer-union hiring ar rangem ent” means employment openings for which no consideration will be given to per sons outside of a special hiring arrange ment, including openings which the contrac tor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees. (5) "Disabled veteran” means a person entitled to disability compensation under laws administered by the Veterans Adminis tration for a disability rated at 30 percentum or more, or a person whose discharge or re lease from active duty was for a disability incurred or aggravated in line of duty. (6) “Veteran of the Vietnam era” means a person (A) who (i) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dis honorable discharge, or (ii) was discharged or released from active duty for service-con nected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 m onths preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the contractor (or any first-tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving spe cial emphasis in employment to veterans, such veteran may file a complaint with the veterans’ employment representative at a local State employment service office who will attem pt to informally resolve the com plaint and then refer the complaint with a report on the attem pt to resolve the matter to the State office of the Veterans’ Employ m ent Service of the Department of Labor. Such complaint shall then be promptly re ferred through the Regional Manpower Ad ministrator to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and reg ulations applicable thereto. (i) The contractor agrees to place this clause (excluding this paragraph ( i ) ) in any subcontract directly under this contract. 1 3 § 1— 2 . 1 1 0 2 — Deviations. Under the most compelling circum stances such as situations where the needs of the Government cannot reason ably be otherwise supplied, where listing FEDERAl REGISTER, V O L of employment openings would be con trary to national security, or where the requirement of listing would otherwise not be in the best interests of the Gov ernment, a deviation from this subpart may be made, subject to the approval of the Secretary of Labor. Requests for any such deviations shall be addressed to the Secretary of Labor, U.S. D epart m ent of Labor, 14th Street and Consti tution Avenue NW., Washington, D.C. 20210, or to the Regional Manpower Ad m inistrator of the U.S. D epartm ent of Labor of the region wherein the contract is to be signed, and shall set forth the reasons for the request. § 1— 2 .1 1 0 2 — 1 4 Inquiries on listing requireiiien ts. Contractors with inquiries regarding listing requirements shall be advised th a t such inquiries should be submitted to the appropriate Regional Manpower Ad m inistrator of the U.S. D epartm ent of Labor. § 1— 2 . 1 1 0 2 — 1 5 F ailure to co m ply. Upon notice th a t a contractor or any of his first-tier subcontractors has failed to comply with the provisions of the List ing of Employment Openings clause in § 1-12.1102-2, the contracting officer shall take such action as may be appropriate under the default provisions of the con tracts concerned. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).) E ffe ctiv e d a te .—These regulations shall be effective May 30, 1973, but may be observed earlier. Dated April 10,1973. A rthur F. S am pson, A c t in g A d m i n is t r a t o r of G en eral Services. [FR Doc.73-7358 Filed 4-16-73;8:45 am] Title 49— Transportation CHAPTER V— NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION [Docket No. 72-7; Notice 3] PART 577— DEFECT NOTIFICATION Response to Petitions for Reconsideration This notice responds to petitions for reconsideration of the defect notifica tion regulations, published January 23, 1973 (38 FR 2215). Petitions were re ceived from the Firestone Tire & Rubber Co., Chrysler Corp., the Motor and Equip m ent M anufacturers’ Association, and the Recreational Vehicle Institute. A petition was also received from the Wag ner Electric Co. Although not received within 30 days of the regulation’s publi cation (49 CFR 553.35), it has been con sidered in the preparation of this notice. Insofar as this notice does not grant the requests of the petitioners, they are here by denied. The Firestone Tire & Rubber Co. has petitioned for reconsideration of § 577.6, “Disclaimers”, which prohibits m anufac turers from stating or implying th a t the notification does not involve a safety re lated defect. Firestone requested th a t the provision, for Federal Constitutional 3 8 , N O . 7 3 — TUESDAY, APRIL 1 7 , 1973
@FedFRASER