The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
rc~ ~ ~ ":!L ~ J __ : 2 S 11\ L'B~ARY ROOM 5030 SEP 111972 TREASURY DEPARTMENT the Department of the TRfASU RY ~SHINGTON. D.C. 20220 TELEPHONE W04-2041 REMARKS OF THE HONORABLE EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS) before the . 24th ANNUAL DINNER-DANCE of the HELLENIC-AMERICAN CHAMBER OF COMMERCE PIERRE HOTEL, NEW YORK, NEW YORK April 28, 1972 9:00 p.m. PRESIDENT NIXON'S NEW ECONOMIC POLICY AND THE DOCTRINE OF FAIRNESS IN INTERNATIONAL TRADE President Nixon's New Economic Policy, announced on August 15, 1971, marked a watershed in world history, not just U. S. history. The President's actions marked the end of one era -- "the end of the post-war world" as Secretary Connally said last month -- and the dawn of a new era in international economic relationships. The President's goals were three -- to curb inflation, to generate jobs by stimulating responsible economic growth, and to strengthen the position of the United States in the international trade and financial community. Today, I shall talk primarily about the U. S. position in international trade -- a Doctrine of Fairness -- with special emphasis on Treasury's role and responsibilities in this area, and the need to perfect international organization and procedures for effective solutions of trade problems. Why Are We in a New Era? At the end of World War II, the United States was the wealthiest, most powerful nation on earth. A large part of the world was in ruins, physically, politically, and - 2 economically, after the holocaust that it had just experienced. The United States exhibited truly unselfish and generous leadership in an effort to bring these ravaged areas back to normal. We did this in our own long-range national interest but at considerable sacrifice. It made sense for the United States to do everything possible to assist both our former allies and enemies to regain their feet. And so, we literally showered U. S. dollars and expertise on these countries. The American taxpayer accepted the burden of the nearly $150 billion in economic and military aid that was made available over the past 25 years, for he understood the relationship between a prosperous world economy and his own well-being. But conditions have changed and we now find ourselves confronted with an entirely different picture. Although the United States is still the most important free world power, it is no longer the only free world power~ Other nations are again in a position to challenge us economically and politically. The United States is now one giant among several. The Long-Run Task What does this new era signify for the United States and the rest of the trading world? Essentially, the'long-run task facing the United States and the world community is the creation of an international economic system which, on the basis of mutual advantage, will stimulate international trade and freer competition, draw nations and people together, and thus form the basis for ~ lasting peace with prosperity. Progress Made Since August 15, 1971 In his policy role as Chief Economic Spokesman for the President, Secretary Connally has already sketched in broad outline form the new policies to be followed. The domestic and international fronts, which cannot be separated, have seen considerable progress in the eight months since August 15, 1971. - 3 On the domestic side, economists are virtually unanimous that activity is expanding vigorously. Industrial production rose strongly in March, the seventh consecutive monthly advance. The other two economic indicators for March presently available -- total employment and retail sales -- also showed strong gains. Employment rose by 620,000 to 81.2 million -- the largest gain for a month since mid-1967. These indicators are further evidence that the economy is in a strong expansionary phase. On the international side, the Smithsonian Agreement of December 18, 1971, was a significant breakthrough and has given the new era a substantial forward thrust. That agreement included a multilateral realignment of exchange rates, commitments to discuss more general reforms of the international monetary system, and commitments to begin discussions to reduce trade barriers, including some most harmful to the United States. For its part, the Unit·ed States agreed to recommend to the Congress that the price of gold in dollars be raised when progress had been made in trade liberalization. On February 9, Secretary Connally transmitted to the Congress a draft bill providing for devaluation of the dollar by 8.57% to $38 per ounce of gold. In signing that bill into law on Monday, April 3, the President said that the basic significance of the Smithson~an Agreement and the legislation is: " ••• that it provides for continued cooperation among our allies and ourselves--and thus strengthens our unity--as we work toward an 'open world' based on a more balanced monetary system and a more equitable international trading environment." Simultaneously with the Smithsonian Agreement, commitments were made by some of our allies to assume a larger share of the costs of common defense. .es - 4 Substantive agreements have also been reached with the European Cormnunity and with Japan to remove or lower certain barriers against U. S. products and to support multilateral and comprehensive trade negotiations in 1973, meanwhile solving more immediate problems in 1972 through the GATT. The Administration will seek the necessary legislative authority for these comprehensive negotiations. Doctrine of Fairness in International Trade -Abroad and at Home Abroad These are some of the accomplishments to date on the international trade front. All of the United States' efforts in international discussions have been dedicated to one objective--the establishment of a Doctrine of Fairness in International Trade. The president and Secretary Connally have served notice that the United States is no longer going to compete with one hand behind its back. To compete fairly abroad, we must have fair access to the markets of Europe, Asia, South America, Africa, and the rest of the world. I do not mean to imply that the United States is expecting to obtain something for nothing. We recognize that some of our practices are regarded by other countries as discriminatory. But in our trade negotiations we do have a right to demand a fair bargain. We insist only on the right to compete fairly abroad. As Secretary Connally said in Munich last May: " ... no longer will the American people permit their government to engage in international actions in which the true long-run interests of the U. S. are not just as clearly recognized as those of the nations with which we deal." - 5 - The point he conveyed to all is that the United States can no longer stand by complacently when markets are closed to us or where the "rules of the game" seem to be rigged against us. When our foreign friends complained about the temporary 10% additional duty adopted as part of the president's new economic program, they did not mention in their complaints the barriers they maintain against U. S. exports to their countries. These barriers take various forms--quotas no longer justified by economic factors, discriminatory taxes such as progressive taxes on horsepower which affect the export of U. S. automobiles, discriminatory tariff arrangements such as the Common Market preferences and reverse preferences, 'which establish a lower tariff on the exports of Common Market members than on those of the U. S. and others into third markets, both in developing and developed countries. These barriers were not wiped out by the Smithsonian Agreement. We have a long way to go in order to achieve a fair break in international trade for American industry and agriculture. Since the post-war years, the United Kingdom has maintained quotas for balance of payments reasons on imports from the dollar area of fresh, frozen, and canned grapefruit, orange juice, and rum--this despite the fact that the balance of payments justification for these quotas has long since passed. Indeed, the British are now in balance of payments surplus, and removal of these quotas, 'which the United States has been seeking for over 20 years, is certainly long overdue. Is this fair trade? - 6 Similarly, France imposed quotas several years ago for balance of payments reasons on imports of semiconductors. Although the French authorities have liberalized these quotas over the years, an intricate licensing system inhibits our exporters from supplying the French market. The balance of payments justification for protection has long since ceased and this obstacle to trade should have been eliminated years ago. Is this fair trade? In the past few 'weeks, the European Community has instituted a new system of compensatory duties so as to continue to protect its domestic agricultural markets from more efficient foreign production in the face of the recent currency realignments. In so doing, the European Community did not hesitate to break the negotiated rates (to which all negotiating parties are supposedly bound) on some 40 million dollars'worth of trade. They did this despite the fact that it was a clear violation of the GAtT. The United States has some interest in the EC's actions, for our cost of production for basic agricultural commodities approximates half of that in the Common Market. Is this fair trade? The Community's regulations have restricted Japanese imports to 6 percent of that country's overall exports-this in contrast to the 30 percent which Japan exports to the United States. By restrictions such as these, the Common Market has literally· forced the Japanese to concentrate their export drive on the United States. Is this fair trade? Japan now has $17 billion in foreign assets reserves. We have approximately $12.5 billion. While the United States had a balance of payments deficit last year--and has had one for over 20 years--and our first trade deficit since 1888--Japan hada trade surplus last year of 7.9 billion dollars, the highest in the world. This year's balance for them will be even larger since their exports are likely to run 20% above 1971. 3.2 billion dollars of Japan's trade surplus in 1971 was 'with the United States. - 7 - Many factors, in addition to U.S. policy, contributed to Japan's economic success. Japan, which was allowed to maintain quotas for balance of payments reasons when it entered GATT, still retains many of these quotas, this despite an economic recovery which is commonly referred to as the Japanese miracle. "Administrative guidance" by Japan which impedes our exports and focuses on their export drive to the U.S. is a central factor in Japan's economic success. Is this fair trade? We have heard from our good and valued neighbors to the north in great detail about the "unfairness" of the New Economic Policy from their standpoint. What our Canadian neighbors fail to mention, however, is that their basic balance of payments surplus has averaged 1.2 billion dollars annually over the last five years. What they also tend to overlook is that the patently onesided automobile agreement contributed to a swing of over 800 million dollars in our trade balance. While we impose no tariffs or barriers on Canadian exports of automobiles, Canada imposes a 15 percent tariff on individual purchases of U.S. automobiles. Although Canadian manufacturers may import American automobiles duty-free, this is only if they meet certain minimum Canadian production requirements. These provisions of the automobile agreement were intended as "temporary" safesuards for our Canadian friends, which may have been appropriate at the time the agreement was negotiated. For the past three years we have been negotiating for the removal of these "temporary" safeguards, but to no avail . . . this despite Canada's continuing large balance of trade surplus with the United States -- a huge $1,880 million in 1971. Is this fair trade? Also, notwithstanding the balance of trade which is now so favorable to Canada, our friends to the north continue to be considerably less liberal than the United States in granting exemptions to returning tourists. Here again we have an example of a measure which might have been "temporarily" justified at the time it was introduced, but which is no longer supportable in the light of today's realities. Is this consistent with a Doctrine of Fairness? - 8 - The Canadians likewise continue to insist on retaining other trade advantages which are a carryover from a bygone era when we were in a position to, and did, assist unstintingly our northern friends. Is this consistent with a Doctrine of Fairness? At Home--Treasury's Role in Combatting Unfair Trade Practices Against this backdrop, there are very positive measures this Administration has already taken at home to rectify our trade imbalance and protect jobs in the U.S. From the inception of President Nixon's Administration, the Treasury Department has vigorously attacked discriminatory pricing techniques of foreign exporters. Treasury and its Bureau of Customs have accelerated and expanded the use of statutes specifically designed to protect U.S. industry against unfair foreign competition. We have institutionalized the supervision of the administration of the Antidumping Act and the countervailing duty statute and other aspects of tariff and trade relations by setting up an Office of Tariff and Trade Affairs in the Office of the Secretary. The Antidumping Act is designed to prevent injurious international price discrimination--typically, selling in the U.s. market at prices lower than in the foreign home market. The countervailing duty statute is designed to counteract and prevent foreign subsidies on exports to the U.S. The Treasury, under this Administration, has rejuvenated what was largely a moribund Antidumping Statute. We have significantly increased actions under this statute in the past three years. We have eliminated loopholes. And we have expedited consideration of complaints from domestic manufacturers by adding manpower and streamlining procedures. - 9 - In short, Treasury is now administering the Antidumping Act more nearly in the manner intended by Congress. This is what industry has a right to expect. But more is needed. Perhaps, criticism from abroad had to be expected. But, the point is that these actions are taken and justified in defense of fair trade--and without a sense of fairness, the prospects for freer trade would be bleek. Now, we are studying possible refinements and expansions of the use of these measures which protect U.S. industry against unfair competition. In new proposed antidumping regulations which were published last week, we moved one step further in our plan to clarify and tighten further the procedures of the Antidumping Act. Amendments of our Antidumping Act and countervailing duty statute may be required to achieve freer and fairer competition in international trade. And, once the long-range adjustments of tariffs, quotas, and other barriers are accomplished, these same measures can serve to maintain the integrity of those agreements. International Reforms In analyzing what we can do to enable U. S. producers to compete more effectively under fair rules of international trade, we must of necessity examine closely the implementation of those rules and even question the nature of the rules themselves. We face a situation in which such basic GATT rules as most-favored-nation treatment are increasingly violated. We are also concerned that foreign dumping and subsidizing of exports to third countries have the effect of freezing u.s. manufacturers out of these markets. Moreover, while we favor U. S. capital investment abroad on as liberal terms as our balance of payments allows, we cannot continue to permit U. S. capital to create jobs abroad if domestic U. S. manufacturers are prevented by discriminatory barriers from selling in these markets on' equal terms. Les - 10 If the GATT itself proves unable to face up to the realities of today's world, and we hope that it can measure up to its responsibilities,we may have to give thought to other ways of meeting the needs. If we are to reach our goal of a bright new international future, the rules and procedures of the past must be adapted to the world of the 1970's. There is clearly a need for an international forum or forums in which the interrelationship of all the factors affecting international economic matters--monetary, tax, and trade--can be discussed, not piece-meal, but as part of a whole problem of economic health for all participating nations. secretary Connally, in his March 15 remarks, stressed the need to recognize such links in the international economy when approaching the issue of monetary reform. Indeed, the international discussions of ·last fall, following the president's declaration of his New Economic Policy, were successful in achieving the recognition of the interrelationship between international monetary and trade matters. Accordingly, the President placed in the hands of Secretary Connally, his Chief Economic Spokesman, the broad responsibility and negotiating authority to do the job. Secretary Connally has commissioned Under Secretary Volcker to discuss with our" principal trading partners the development of an appropriate forum or forums. Under Secretary Volcker has recently talked with his colleagues in Europe and Japan regarding this matter. Implementation Versus Policy-Making It has often been said, "Important as it is to make policy, it is even more important to implement it." - 11 - It could verv well be that more forceful administration of the Antidumping Act and countervailing duty law in earlier years would have eased our problems today. I can well remember my confirmation hearing when each and every question of the Senate Finance Committee dealt with these two statutes and whether I intended to enforce them. For months thereafter, the same Senators were telling me, "You have those statutes, use them." Well, this Administration has used the Antidumping Act effectively, and as I' mentioned, is reviewing the countervailing duty law. But, there are other aspects of implementing trade policy in day-to-day operations which strongly affect our international trade and our balance of payments. The main day-to-day operating bureau in the U. S. Government affecting international trade is the Bureau of Customs. Secretary Connally has directed that the trade and tariff aspects of that Bureau's operations be given the highest priority. This included not only the,operating responsibilities of the Bureau of Customs in the area of antidumping and countervailing duty, but also its role in classification and valuation of imported merchandise, administration of quotas and marking requirements, prevention of &muggling, monitoring voluntary restraint arrangements, and investigation of commercial frauds. We also have under 'way a Treasury study to analyze the data that is available in international trade matters. Here again, the Bureau of Customs is the prime source for data regarding trade matters and yet, for analyzing and interpreting that data, its resources have not heretofore been fully utilized. This also we are moving to correct. The Future In summary, President Nixon's Administration has moved forcefully to improve our international trade and monetary position. We have given our anti-price discrimination tools the most vigorous exercise they have ever had. We have negotiated the removal of various trade barriers and set the stage for an overhaul of the international trade mechanisms in the near future. ies .' 12 - Secretary Connally has demonstrated ~7hat can be accomplished by a single chief economic spokesman for the President. We are seeking an international forum which will enable us to deal with the problems in their full depth and perspective. And we have identified the need within the Executive Branch to institutionalize these capabilities. The President has made it clear that he intends to meet the challenge of the future by stimulating our economy to ensure our continued efficient and competitive position in the world. This means that inflation and unemployment in the United States will be reduced while investment in new plants and equipment by the private sector are stimulated. While building this stronger economy at home, we must remain outward looking and international in our initiatives overseas. This Administration is committed to such a course. Of course, our foreign friends and trading partners must be equally outward looking and international in their approach to their prob lems. As Secretary Connally said when he addressed the Economic Club of New York last fall: '~e do not intend to become provincial. We shall not resort to protectionism. We shall carry our burdens on the international scene. But to do so it is essential to attain an equilibrium in our overall financial balance with the rest of the world. We seek no advantage of others. We propose to suffer no disadvantage. We seek a balance which will be to the benefit of all the nations." '~t stake are not narrow or selfish economic goals; beyond a fair balance of opportunity, we seek none. The basic issue is much broader. It is nothing less than rebuilding the economic foundation for promoting economic development, military security, and the free flow of commerce. - 13 - "To fail in our effort would be to fail not only as an Administration, nor even as a Nation. At stake is nothing less than the foundation for the freedom and security of this generation, and those that follow." All Americans and all countries must be willing to make the necessary sacrifices and, as a result, all Americans and all countries will be beneficiaries. What we seek are the conditions that will encourage freer and fairer trade throughout the entire world, develop growing domestic enterprise and employment, and insure these gains against the erosion of inflation. The President's New Economic Policy advances these goals by laying the foundation for peace with prosperity throughout the world. 000 The Department of the TREASURY ASHINGTON. D.C. 20220 TELEPHONE W04·2041 FOR RELEASE AT 8:00 P.M. EST April 28, 1972 JAPANESE-U.S. TECHNICAL DISCUSSIONS ON ANTIDUMPING The Treasury Department said today that on April 27 and 28, representatives of the Japanese and U.S. Governments held technical discussions regarding the administration of the Antidumping Act. The discussions were held in a cordial atmosphere and helped develop clarification of the administration of the U.S. Antidumping Act. Among the specific subjects discussed were the proposed amendments of the U.S. Antidumoing Regulations issued by the Treasury Department on Aoril 18; Treasury's policy concerning acce~tance of price assurances; the methods by which the Department makes its price adjustments in determining fair value in antidumping investigations; and the impact of the recent international currency realignments on the administration of the antidumping law. 000 The Department of the TREASURY IASHINGTON. D.C. 20220 TELEPHONE W04-2041 May 1, 1971 FOR IMMEDIATE RELEASE UNDER SECRETARY CHARLS E. WALKER TO HEAD UoS o DELEGATION TO ANNUAL MEETING OF THE INTER-AMERICAN DEVELOPMENT BANK AT QUITO, ECUADOR Char1s Eo Walker, Under Secretary of the Treasury, will head the United States delegation to the 13th Annual Meeting of the Inter-American Development Bank at Quito, Ecuador, May 8-120 Dro Walker will be Temporary Alternate Governor for the United States, representing Treasury Secretary John B. Connally, who is the United States Governor of the Banko The delegation also will include John M. Hennessy, Assistant Secretary of the Treasury for International Affairs, and Daniel Szabo, Deputy Assistant Secretary of State for Economic Policy in the Bureau of Inter-American Affairso The Inter-American Development Bank was established in 1959 to assist the economic development of the Latin American nations o 000 C-301 The Department of the ASHINGTON. D.C. 20220 TREASURY TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 1, 1972 DECISION ON RAILROAD PASSENGER VEHICLES FROM CANADA UNDER THE ANTIDUMPING ACT The Treasury Department announced today that a determination has been made that railroad passenger vehicles from Canada are not being, nor likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended (19 et u.s.c. 160 ~.). On February 1, 1972, the Department published a 6-month "Withholding of Appraisement Notice" in the Federal Register which stated that there were reasonable grounds to believe or suspect that there were sales at less than fair value. This notice also indicated that interested parties could make written submissions or request an opportunity to present their views orally at the Treasury Department. Subsequent information submitted in writing and orally indicated that there were no sales at less than fair value and led Treasury to this determination. Railroad passenger vehicles valued at approximately $8.4 million have been ordered in Canada for importation into the United States. II II II The Department of the TRfASURY WASHINGTON. O.C. 20220 TELEPHONE W04-2041 FOR RELEASE UPON DELIVERY STATEMENT OF THE HONORABLE EDWIN S. COHEN ASSISTANT SECRETARY OF THE TREASURY FOR TAX POLICY BEFORE THE COMMITTEE ON WAYS AND MEANS UNITED STATES HOUSE OF REPRESENTATIVES May 1, 1972 Mr. Chairman and Members of the Committee: It is a great pleasure for me to appear before this Committee today to discuss with you the tax treatment of married couples and single persons. The fairness of the relative tax burdens of single persons and married couples has been questioned since the early days of the income tax. In 1948, when married couples were first given the option of income splitting, many thought the problem had been resolved, but it has continued to be troublesome. The current controversy involves a confrontation between two groups: those who contend that the income splitting privilege afforded to married couples results in an excessive tax burden on single persons; and those who contend that the provisions of present law create a penalty on marriage or an incentive to "live together in sin," because the tax burden on two single persons is less than that on a married couple where both spouses earn similar amounts of income. C-300 - 2 Thus, single persons are complaining that the present system unfairly discriminates against them under certain circumstances, and certain married couples allege discrimination under other circumstances. As so often occurs in matters of this sort, there is some merit in both of these contentions. In some instances, married couples pay more than two single persons and in other instances the reverse is true. The problem is inherent in a progressive income tax and there is no easy solution. The question is whether the present structure represents a reasonable compromise or can be improved. In effect, the use of income splitting by a married couple results in a tax on the married couple as if the couple consisted of two single individuals each with one-half the couple's total income. Under our progressive tax rates, this 50-50 split of income between spouses produces a lower tax than any other division of income. Until enactment of the Tax Reform Act of 1969, single persons who did not qualify as heads of household generally paid higher taxes than married couples with the same aggregate income. The 1969 Act significantly altered the relative tax burdens of married couples and single persons by lowering the tax rates of single persons; adopting the low-income allowance; and increasing the maximum standard deduction. Neither the low income allowance nor the maximum standard deduction are involved where taxpayers itemize their personal deductions, but they sometimes have a significant effect on this problem where deductions are not itemized. - 3 - The Rate Schedule. From 1948 to 1969 the primary cause of the inequity of the relative tax burdens of married couples and single persons was the allowance of full income splitting to married couples and no income splitting to single persons. This produced a tax burden on single persons quite heavy relative to that of married couplps with the same aggregate amount of income; at some income levels, a single person's tax was more than 42 percent greater than the tax paid by married couples with the same amount of taxable income, the peak differential occurring at about the $25,000 taxable income level. The 1969 Act redressed the twenty-year old complaint of single persons, adding a new rate schedule for single persons which reduced the amount of tax of a single person compared to that of a married couple where one spouse earns income; the new rates insured that in no case would a single person's tax become more than 20 percent greater than the tax of a married couple with the same taxable income. In 1969, when the new rate schedule for single persons was adopted it was recognized that this change would result in some cases in a married couple filing a joint return being required to pay more tax than two single persons with the same total income -- the so-called marriage penalty. This result was justified on the grounds that although a married couple will have greater living expenses than one single person and thus should pay less taxes, the married couple's expenses are likely to be less than those of two single persons so that the couple has an ability to pay taxes somewhat higher than that of two single persons. (See the General Explanation of the Tax Reform Act of 1969 prepared by the staff of the Joint Committee on Internal Revenue Taxation, page 223.) Since the relative tax burdens of single persons and married couples vary depending upon how much of the couple's total income is earned by the husband and how much by the wife, it is important to consider data as to typical distributions of earnings between spouses. Table 1 attached shows dataas to the distribution of wages and salaries on joint returns in 1969 as shown by the Forms W-2 attached to the returns. ies - 4 The data indicates that in the case of more than half of all married couples the entire earnings are derived by one spouse. In nearly three-fourths of the cases, one spouse earns at least 80 percent of the income. Thus, for most married couples, the advantages of income splitting are significant. Where one spouse earns 80 percent or more of the couple's earnings the tax under the married person tables is almost always less than the tax on two single persons with the same earnings. Only about 20 percent of married couples have an earnings split that results in their paying more tax than they would pay as single persons. This so-called "marriage penalty," except where it reflects different standard deductions, tends to be less than 10 percent of the married tax even where the married couple's income is divided 50-50, an uncommon occurrence. The Low Income Allowancec The second provision of the 1969 Act which affected the relative tax burdens of married couples and single persons was the low income allowance, proposed by the President to assure that persons or families whose income did not exceed the poverty level would no longer be required to pay any federal income taxes. During the period from 1969 to 1972, rising prices have increased the amount of income that persons need in order to be above the poverty level. Hence, the Revenue Act of 1971 increased the low income allowance to $1,300 so that, in conjunction with the personal exemption of $750 per person, incomes approximating the 1972 poverty levels would continue to be tax exempt. Two single persons are each entitled to a low income allowance of $1,300 for a total of $2,600. A married couple is limited to the $1,300 low income allowance. In effect, the low income allowance represents a floor under the 15 percent standard deduction; it thus can apply until the adjusted gross income exceeds $8,667 (15 percent of that amount equals $1,300). - 5 Table 2 attached shows estimated 1972 poverty levels and the present levels of tax-free income. Of course, many factors, such as geographical location, affect poverty levels and an exact correlation of taxfree incomes and poverty levels is not practical. For example, so-called transfer payments (such as social security benefits, unemployment insurance and welfare payments) are treated as income for poverty level purposes but not for income tax purposes. Nevertheless, despite some imperfections, the low income allowance was designed as a broad principle to remove from the tax rolls persons with incomes below the poverty levels. The estimated poverty level for single persons assumes that single persons maintain separate households, and the estimate for married couples assumes husband and wife are living together. To the extent that the expenses of single persons are reduced by living together, or that the expenses of married couples are increased when the spouses are living apart, the assumptions underlying the estimates of poverty levels -- and of the corresponding levels of tax free income are not accurate. While exact figures are not available, we have made some rough estimates based on Census data in an effort to determine the percentage of single individuals who maintain their own household. A substantial percentage -- perhaps half -- of the persons who file single returns live with their parents or children, and in some cases may contribute little toward maintaining the households in which they live. Since the low income allowance was designed to exempt from tax persons whose income is below the poverty level (with poverty levels estimated on the assumption that single persons maintain their own households), the amount of relief afforded to these individuals might be considered too great in some cases, given the limited nature of their living expenses. - 6 - To design tax rules for single persons that would depend upon whether he or she was sharing a household to some degree with another person where neither is a dependent of the other would be impractical and, I fear, sometimes ludicrous. If desired, consideration could be given to a rule that would deny the low income allowance to persons who are claimed as dependents on the return of another person. The 1971 Revenue Act moved in this direction by limiting the use of the low income allowance and the standard deduction to offset unearned income of persons who are claimed as dependents on the return of another person. But the present rule permitting the low income allowance to persons claimed as dependents on the return of another person is of material benefit to students who are helping to earn part of their education costs, and this seems to be a desirable result. Of the remaining persons who file single.returns (i.e., those not living with their parent or child), our best estimate is that about three-fourths of these persons maintain their own households. These figures suggest that, for this group of single persons, the assumptions underlying the low income allowance and the new rates for single persons provided by the 1969 Act are generally accurate. Maximum Standard Deduction. Finally, the 1969 Tax Reform Act changed the relative tax burdens of single persons and married couples in some cases by increasing the maximum standard deduction from $1,000 to $2,000. The $2,000 ceiling on the 15 percent standard deduction applies equally to married couples and to single persons. In effect, the ceiling applies only if (1) the persons do not itemize deductions and (2) their adjusted gross income in their tax return exceeds $13,333 (15 percent of that amount equals $2,000). Two single persons are each entitled to a standard deduction of up to $2,000 for a total of $4,000, but a married couple is limited to $2,000 of standard deduction. - 7 Unlike the low income allowance, the ceiling on the amount of the standard deduction was not based upon extrinsic evidence, but was arrived at in part because of revenue considerations and in part because at an income level above $13,333 the need for simplification that Is served by the standard deductLon was not believed to be as great as in the case of the large number of persons with lower incomes. Our analysis indicates that the additional $2,000 of deductions available to two single persons claiming the maximum standard deduction can be a significant factor contributing to an increased tax for married persons over single persons with income above $13,333 if they do not itemize deductions. (The significance of this factor can be seen by comparing Charts 1 and 2 and their accompanying tables, Tables 3 and 4, attached to this statement.) Consideration might well be given to changing the maximum standard deduction as between single and married persons. The revenue effects of such a decision can be Significant. If the maximum standard deduction for single persons were reduced from $2,000 to $1,300, about $140 million of revenue would be gained. If the ceiling for married persons were increased from $2,000 to $4,000, $1 billion of revenue would be lost; increasing the maximum standard deduction to $3,000 for married couples would cost about $770 million. There can be no question that the present system does not provide perfect results in every instance, but the inequities generally arise from atypical living conditions, for example where two single people live together, or because of a particular division of income between husband and wife. Tax laws cannot be written which will apply to a nation of 200 million persons and provide precise equity in all cases. And, as I noted earlier, we cannot devise ies - 8 rules which demand varying tax burdens depending upon the type of household in which a single person lives. The Internal Revenue Service does not have the personnel to make such inquiries, nor is this the sort of inquiry which would be appropriate for it to make. Unfortunately we cannot devise rules which will equitably apply the competing principles underlying our tax system to every conceivable set of circumstances. Let me illustrate the problem by assuming four cases: Case Case Case Case 1. 2. 3. 4. A single person earns $20,000. Two single persons each earn $10,000. A husband earns $20,000 and a wife earns zero. A husband and wife each earn $10,000. If we want no penalty on remaining single, Case 1 must pay the same tax as Case 3. (Single person earning $20,000 pays the same as married couple earning $20,000.) If we want no penalty on marrying, Case 2 must pay the same tax as Case 4. (Two single persons earning $10,000 each pay the same tax as a married couple each earning $10,000.) If we want husband and wife to pay the same tax however they contribute to the family earnings, Case 3 pays the same tax as Case 4. To summarize the tax results: Case 1 = Case 3 Case 2 = Case 4 Case 3 = Case 4 Based on the fundamental mathematical principle that things equal to the same thing must be equal to each other, the result should then be that Case 1 = Case 2 - 9 - or, in other words, that the tax on a single person earning $20,000 equals the tax on two single persons each earning $10,000. But that cannot be SOt because that result would violate the basic tenet of the progressive income tax s true ture • The tax on a sing 1e pers on earning $ 20 ,000 (Case 1) must be greater than the total tax on two single persons each earning $10,000, if we are to have a progressive rate structure. It is apparent that we cannot have each of these principles operating simultaneously, and that there is no one principle of equity that covers all of these cas,es. No algebraic equation, no matter how sophisticated, can solve this dilemma. Both ends of a seesaw cannot be up at the same time. Any rule that is selected will in some cases appear to penalize married couples and in other cases seem to penalize single persons. All that we can hope for is a reasonable compromise. The 1969 compromise assumes, in general, that a married couple maintaining one household incurs greater expense (and has less ability to pay tax) than one single person maintaining a separate household, but the couple incurs less expense (and has less ability to pay tax) than two single persons each maintaining a separate household. Obviously the assumption as to maintenance of households can be erroneous for reasons that I need not detail, but I think in general it provides a reasonable framework. As a consequence of the rule, marriage can produce a tax reduction for a single person marrying someone who has no income, and a tax increase when marrying someone with substantial income. If there is a "penalty" on marriage, it occurs when two people having substantial separate incomes marry to maintain a single household, thus reducing their total living expenses and increasing .their total ability to pay taxes. - 10 It is our conclusion that, with the possible exception of the maximum limit on the standard deduction, which seems to work unevenly, the present structure seems to have effectuated a reasonable compromise. I have included as appendices to my statement a number of tables which might be useful to the Committee in its consideration of this matter. 000 Excess Tax oq~~rried Couple Over Tax on Two Single Persons With Same Combined Income, 1972 Assumes Deductible Expenses Equal to 15 Percent of Income *' +$2,000 I Income Split I 75% -25%"\ +$1,000 I ~ ! ~ .!!? ~ ~ I ~.~;:.:.~'='~ :...t=.:.:••:.::!!!!~ ---+ ••M? o ----- c::. "'" ~ "'> "'> ~-a lnCO!'le Split 60% - 40% Q:) ~ - - ~.~~ - , -$1000 I I~ome Split .- / mo%-o%~ ---1-'--- -- -$2,000 I $4,000 ~- ...... $8,000 $12,000 $16,000 $20,,000 - $24,000 $28,000 Combined Adjusted Gross Income of Both Tax payers $32,000 *inliikclIon of low Income Al/owance-7i Greater Than Deductible Expenses, $36,000 $40,000 CHART 2 Excess Tax on Married Couple Over Tax on Two Single Persons With Same Combined Income, 1972 Assumes Election of the Standard Deduction at all Income levels +$2,000 +$1,000 •• •...... ... • ••• Income Split ~ ~ :::, .......- '-- Income Split 60%-40% • ~ 75% - 25% ~ .~ ........ Cb ~ ..... 0 t::) ~ ~ ." ." <l:> ..., ~ -..._-- --......... -$1,OOP -'... Income Split 100% -0% J ... ---.... ......... ............... -$2,000 $4,000 $8,000 $12,000 $16,000 $20,000 $24,000 $28,000 Combined Adiusted Gross Income of Both Taxpayers ... ......... $32,000 ......... ... $36,000 $40,000 Table 1 Frequency Distribution of Joint Returns by the Division of Wages and Salaries Between Spouses, 1969 (1) Adjusted gross income class o- $ 3,000 $ 3,000 - 0% (5 ) (4 ) (3 ) Earnings of spouse with lesser earnings as a ercent of combined earnin s are-31% to 40% 21% to 30% 1% to 10% 11% to 20% (2 ) (6 ) (7) Total 41% to 50% 4.3% 0.4% 0.2% 0.2% 0.3% 0.3% 5.5% 5,000 6.1 0.5 0.5 0.4 0.4 0.6 8.4 5,000 - 7,000 7.9 1.0 1.0 0.9 0.7 0.6 12.2 7,000 - 10,000 14.5 2.8 1.9 1.8 2.1 1.6 24.8 10,000 - 15,000 13.8 2.9 2.7 3.2 4.6 3.8 31.0 15,000 - 20,000 4.2 0.8 0.8 1.3 2.0 2.0 11.1 20,000 - 50,000 3.3 0.5 0.4 0.6 0.7 0.6 6.2 50,000 or more ~ 0.1 * * * * 0.7 Total 54.6 9.0 7.6 8.5 10.8 9.5 *[ess than- .05 percent. - 100.0 Table 2 A Comparison of Tax-free Levels of Income and Estimated Poverty Levels of Income, 1972 ~L) lJ.) Age and family size Low-income allowance l J) ..... ) Tax-free income in excess of poverty level income Minimum tax-free income Est imated poverty level income 750 $2,050 $2,170 $ -120 Personal exemptions Under age 65 Single individual living alone $1,300 Married couple, no dependents 1,300 1,500 2,800 2,810 -10 Married couple, one dependent 1,300 2,250 3,550 3,350 200 Married couple, two dependents 1,300 3,000 4,300 4,290 10 Married couple, three dependents 1,300 3,750 5,050 5,050 Single individual living alone 1,300 1,500 2,800 2,010 790 Married couple, no dependents 1,300 3,000 4,300 2,540 1,760 $ Age 65 or older Table 3 Differences Between the Tax of a Married Couple Filing a Joint Return and the Combined Tax of Two Single Persons With the Same Combined Income as the ~!arried Couple Present Law 1972 (Assumes deductible expenses equal 15 percent of income) (1) (2) Adjusted gross income (wages) $ 3,000 4,000 5,000 000 7,000 8,COO 9,000 0 12,000 14,000 16,000 18,000 20,000 25,000 30,000 35,000 Joint return tID[ $ 28 170 322 (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Excess of the joint return tax over the tax of two single individuals with the same combined income Income split Income split Income split Income split Income split Income split 1007. - 07. 75% - 257. 67% - 337. 607. 40% 55% - 45% 50% - 50% : Amount: as : Amount as : Amount as : Amount: as : Amount: as : Amount: as : a percent : a percent : a percent : a percent : a percent : a percent Amount :of the joint: Amount :of the joint: Amount :of the jOint: Amount :of the joint: Amount :of the joint: Amount :of the jOint return tax : : return tax : : return tax : : return tax : : return tax : : return tax $- 109 131 168 r 1.0,000 50,000 75,OGO 100,000 658 848 1,029 1,534 1,908 2,285 2,710 3,135 4,310 5,660 7,198 8,870 12,620 23,185 33,810 - - 231 251 297 419 493 592 671 780 -1,110 -1,430 -1,742 -2,045 -2,545 -2,605 -2,605 -389.29% 77 .06 52.17 o 50 35.11 29.60 28.86 - 27.31 25.84 25.91 24.76 24.88 25.75 25.27 24.20 23.06 20.17 11. 24 7.70 0 33 63 89 120 168 164 1 70 57 31 29 15 0 21 99 250 665 1,766 2,600 $ .00% 19.41 19.57 18.39 18.24 19.81 15.94 11 18 4.56 2.99 1.36 1.07 .48 .00 .37 1.38 2.82 5.27 7.70 7.69 28 82 132 182 191 207 211 180 133 87 62 77 68 91 215 416 664 1,277 2,600 3,259 $ 100.00% 48.24 40.99 37.60 29.03 24.41 20.51 15.13 8.67 4.56 2.71 2.84 2.17 2.11 3.80 5.78 7.49 10.12 11.21 9.64 $ 28 121 184 201 212 226 229 208 150 109 73 81 83 150 327 593 889 1,615 3,055 3,480 100.007. 71.18 57.14 41.53 32. 26.65 22.25 17.48 9.78 5.71 3.19 2.99 2.65 3.48 5.78 8.24 10.02 12.80 13.18 10.29 $ 28 149 194 206 238 238 209 129 68 78 69 174 374 673 996 1,735 3,277 3,480 100.007. 87.65 60.25 42.56 . a.76 2.98 2.88 2.20 4.04 6.61 9.35 11.23 13.75 14.13 10.29 $ 28 170 196 209 129 86 58 75 192 400 700 1,040 1,780 3,392 3,480 May":., ":.972 ...... m Ul 100.00% 100.00 60.87 43.18 6.76 3.76 2.14 2.39 4.45 7.07 9.72 11.72 14.10 14.63 10.29 ';'able L Differences Between the Tax of a Married Couple Filing a Joint Return and the Combined Tax of Two Single Persons IHth the Same Combined Income as the Narried Couple Present Law (1972) (Assumes deductible expenses never exceed the standard deduction) (1) Adjusted gross income (wages) $ 3,000 4,000 5,000 6 1 000 7,000 8,CCO 9,000 10,000 12,000 14,000 16,000 (2) Joint return tax $ 28 170 322 484 658 848 1,029 1,190 1,534 1,930 2,385 lB,OOQ 2,8!!~ 20,000 25,000 30,000 3,400 4,860 6,560 8,465 10,565 15,310 27,810 40,310 35,000 40,000 50,000 75,000 100,000 cn (3) (4) (5) (6) (7) (8) (10) (:1) (12) (13) (14) Excess of the joint ~eturn tax over the tax of t\"O single individuals with the same co..:bined inco:::e Income split Income split Income sp1~t Income split Income split Income split .100% - 0% 75% - 25% 67% - 337, 60% - 40% 55% - 45% 507. - 507, : Amount as : Amount as : Amount as : Amount as : Amount as : Amount as : a percent : a percent : a percent : a percent : a percent : a percent Amount :of the joint: Amount :of the jOint: Amount :of the joint: Amount :of the joint: Amount :of the joint: Amount :of the joint : return tax return tax: : return tax : : return tax : : return tax : : return tax : 109 131 168 196 231 251 297 340 419 497 607 112 855 - 1,230 - 1,592 - 1,950 - 2,350 - 2,605 - 2,605 - 2,605 $- -389.29% - 17.06 - 52.17 - 40.50 - 35.11 - 29.60 - 28.86 - 28.57 - 27.31 - 25.75 - 25.45 - 24,68 - 25.15 - 25.31 - 24.27 - 23.04 - 22.24 - 17.02 9.37 - 6.46 - 0 33 63 89 120 168 164 133 70 79 131 197 207 298 426 600 883 1,586 2,940 3,8iJ5 $ .00% 19.41 19.57 18.39 18.24 19.81 15.94 11.18 4.56 4.09 5.49 6.83 6.09 6.13 6.49 7.09 8.36 10.36 10.57 9.44 28 100.00% 82 48.24 132 40.99 182 37.60 191 29.03 207 24.41 211 20,51 180 15.13 133 8.67 109 5.65 162 6.79 252 8.73 333 9.79 10.21 496 775 11.81 1...t~l2_ _ 13.37 1,561 14.78 2,472 16.15 3,805 13.68 4,409 10.94 $ $ 28 121 184 201 212 226 229 208 150 131 173 256 348 627 1,010 1,437 1,867 2,902 4,242 4,480 100.007, 71.18 57.14 41.53 32.22 26.65 22.25 17.48 9.78 6.79 7.25 8.87 10.24 12.90 15.40 16.98 ·ij~67·-- 18.95 15.25 11.11 S 28 149 194 206 221 238 238 209 162 151 168 253 334 707 1,130 1,545 2,007 3,080 4,430 4,480 100.007. 87.65 60.25 43.56 33. '59 28.07 23.l3 28 170 196 209 224 245 238 100.007, 100.00 60.87 1Z,~2 ZQ2 10.56 7.82 7.04 8.77 9.82 14.55 17.23 18.25 19.00 20.12 15.93 11.11 173 151 186 233 340 742 1,155 1,580 2,055 3,l30 4,480 4,480 11. ~12 S 4~.1!! 34.04 28.89 23.13 11.28 7.82 7.80 8.08 10.00 15.27 17.61 18.67 19.45 20.44 16.11 11.11 Table! Explanation of the Excess Tax of a Married Couple Over The Combined Tax of Two Single Individuals, Each With Half The Combined Income Assuming Election of The Standard Deduction at All Income Levels (2) (1) (3) Adjusted gross income ~Wa8es Earnings of male and salaries~ oa~a~~col Earnings ComDl.nea of female earnings $ 4,000 5,000 6,000 7,000 8,000 (12) (10) (11) (8) (9) (7 ) (5) (6) 1972 Excess of a married couple's tax over the combineotaxof two single individ-uals __ _ tax Total :Breakdown of the total tax difference under 1972 law by contributing factor JJ :Joint return: Combined tax: tax Tax Additional tax differences resulting from Additional :tax on com- : on separate :difference:difference : provisions of the Tax Reform. Act of 1969 :tax.difference :bined income: incomes of under under $1,000 :15% - $2,000: Reduced tax :50% maximum:resulting from of married :tt·;o unmarried: 1972 law :1964 - 1969:10w income: standard :rates for single:tax rate on: the Revenue couple : individuals :(4) - (5) law lJ :allowance: deduction: individuals : earnings :Actof 197111 (4) 1,029 1,190 1,534 2,385 3,400 791 981 1,361 2,199 3,060 238 209 173 186 340 44 150 280 24,000 28,000 32,000 36,000 40,000 4,540 5,840 7,295 8,870 10,565 3,905 4,855 5,985 7,195 8,510 635 985 1,310 1,675 2,055 320 360 390 420 450 148 300 345 375 405 167 325 575 880 1,200 50,000 60,000 70,000 80,000 90,000 100,000 15,310 20,310 25,310 30,310 36,310 40,310 12,180 16,305 20,830 25,830 30,830 35,830 3,130 4,005 4,480 4,480 4,480 4,480 500 530 550 580 580 600 500 530 550 535 580 600 2,130 3,080 3,865 4,500 5,000 6,000 8,000 10,000 4,500 5,000 6,000 8,000 10,000 9,000 10,000 12,000 16,000 20,000 12,000 14,000 16,000 18,000 20,000 12,000 14,000 16,000 18,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 25,000 30,000 35,000 40,000 45,000 50,000 $ $ $ $ 32 $ 25 41 44 54 93 170 196 209 224 245 $ 2,000 2,500 3,000 3,500 4,000 170 322 484 658 848 $113 138 165 180 190 126 275 434 603 $ 2,000 2,500 3,000 3,500 4,000 17 190 190 176 100 $- 10 - 38 - 66 - 95 -176 -150 - 15 $ 114 1.14 124 45 5 41 75 4~385 4,695 4,800 135 485 -1,020 -1,375 -1,520 $- - Mly 1, ]972 !/ 21 II Columns (7) through (12) illustrate increments in the excess tax (of jOint returns over the tax of two single returns) attributable to provisions of the law specified in the respective column headings, when read in the order given (left to right). Entries in columns (7) through (12) add to the totals in column (6). These tax differences result from the 1964-1969 law standard and minimum standard deduction. These tax differences result from the increase in the low income allowance from $1,000 to $1,300. Table B Estimated Revenue Changes Resulting from Alternatives to Adjust the Relationship Between Married and Single Tax Burdens (1971 Levels of Income) Ad . d : Lower the standard: Allow married taxpayers: : Provide 15 percen t· Juste :Raise the standard deductibn: deduction ceiling:election to file as two:Provide joint return: $1,000 earned ~ross :ceiling for joint returns ta for single single individuals, :rates for all single: income deduction ~ncome . returns to each reporting own taxpayers for work1ng c 1ass . :$2.250:$2,500:$3.000:$4--990: $1,300 1/ ancome and deductions 2/: _: couples (. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ millions ................................................ ($000) o- 3 -3.0 -2.0 -0.4 3 - 5 -32.0 -109.0 -9.8 5 - 7 -0.2 -0.2 -0.2 -0.2 -131.0 -226.0 -46.8 7 - 10 -3.8 -7.1 -10.4 -10.4 16.4 -443.0 -395.0 -171.4 10 - 15 -49.7 -52.0 -60.4 -62.3 79.5 -742.0 -296.0 -589.6 15 - 20 -131.9 -254.2 -374.5 -344.6 30.2 -420.0 -131.0 -374.9 20 - 50 -48.4 -110.3 -311.6 -560.8 11.0 -788.0 -188.0 -348.5 50 - 100 -1.9 -4.3 -12.6 -31.8 0.5 -792.0 -87.0 -48.3 100 and over -0.2 -0.5 -1.4 -3.4 0.1 -327.0 -70.0 -14.5 -236.1 -428.6 -771.1-1013.5 137.6 -3,678.0 -1,504.0 -1,604.2 Total ivIay 1, 1?72 Reducing the standard deduction to a flat $1,000 for single persons would increase revenues by approximately $900 million. J Table C Analysis of Single Rate Change 1969 .Tayab1e Income Top of Br3nket:Married $ 000 % 1 2 3 4 8 12 16 20 24 28 32 36 40 44 52 64 76 88 100 120 140 160 180 200 TOP 14 15 16 17 19 22 25 28 32 36 39 42 45 48 50 53 55 58 60 62 64 66 68 69 70 : Single tax as % of: Married TAX RATES Tax at tOE of Bracket :Old Sing1e:Difference:New Sing1e:Difference: Married :Old Sing1e:New Sing1e:01d Sing1e:New Single % % % Points $ % $ $ 14-15 16-17 19 19 22-25 28-32 36-39 42-45 48-50 50-53 53 55 55-58 58 60-62 62-64 64-66 66-68 68-69 70 70 70 70 70 70 0-1 1-2 3 2 3-6 6-10 11-14 14-17 16-18 14-17 14 13 10-13 10 10-12 9-11 9-12 8-10 8-9 8 6 4 2 1 0 Same Of 21-24 25-27 29-31 34-36 38-40 40-45 45 50 50-55 55 " " " " " 2-5 3-5 4-6 6-8 6-8 4-9 6 8 5-10 7 Same " " " " " " " " " " " " " 140 290 450 620 1,380 2,260 3,260 4,380 5,660 7,100 8,660 10,,340 12,140 14,060 18,060 24,420 31,020 37,980 45,180 57,580 70,380 83,580 97,180 110,980 145 310 500 690 1,630 2,830 4',330 6,070 8,030 10,090 12,210 14,410 16,670 18,990 23,830 31,350 39,150 47,230 55,490 69,490 83,490 97,490 III ,490 125,490 Same " " " " " " 1,590 2,630 3,830 5,230 6,790 8.,490 10,290 12,290 14,390 16,590 21,430 28,950 36,750 44,830 53,090 67,090 81,090 95,090 109,090 123,090 104 107 111 111 118 125 133 139 142 142 141 139 137 135 132 128 126 124 123 12l 119 117 115 113 May 1, 1972 Same " " " " " " 115 116 117 119 120 120 119 119 119 118 119 119 118 118 118 117 116 115 112 III May 1, 1972 MEMORANDUM TO CORRESPONDENTS: Attached is a letter which Assistant Secretary for Tax Policy Edwin S. Cohen has sent to Congressman Henry S. Reuss in response to an inquiry' from Mr. Reuss. Attachment 000 April 28, 1972 Dear Nr. Reuss: I Sill writing in reply to your letter of 11arch 23. 1972. requesting further information with respect to individuals reporting adjusted grosG incomes of $200.000 or more for 1970 who paid no Federal income tax for that year. As you noted, I reviewed the nature of these returns in my letter of Horch 1, 1972, to Congressman Barber B. Conable, Jr •• which was reprinted in the Congressional Record on that day. In your letter to me you asked if I could select a representative sampling of those returns and analyze them in the way that eleven returns of high income individuals were analyzed in the 1968 IITax Reform Studies and Proposals" (PP. 89-94). This would involve summarizing various itelilB of income, deductions and credits on the individual returns. \~e have given careful consideration to your request and I have revietved it at length t.,ith Dr. Laurence N. ~~oodworth t Chief of Staff of the Joint Committee on Internal Revenue Taxation. As I advised Hr. Verdier of your office, we have concluded that, even deleting the names, addresses and identification numbers of those individuals, we could not disclose the information publicly \'1ithout breaching the requirements of confidentiality of tax returns. Disclosure of salary or other large items of income or deductions for the year 1970 would make it possible to identify some of the individuals from information that is either publicly available or known to other persons {-lho were involved in transactions with those individuals; ~nd once the individual is so identified from particular items, his other income and deductions ~'lould become knOt-ln. By contrast, the cases described in the 1968 Studies by the prior adwiniutrut10n t'1ere taken from returns filed in various eurlier yeclrs that were not identified. - 2 - Dr. Woodworth and I concluded that the best method of giving the information to you without breach of disclosure requirements was to set forth' the aggregate totals for the items of income and deduction you requested for all the returns in each of the five categories referred to in my letter to Congressman Conable. Those categories were selected according to the principal item of credit or deduction that made the return nontaxable: (1) foreign ta~ credit; (2) taxes; (3) contributions; (4) interest and (5) miscellaneous. In addition, data includes the grand total for all five categories as a group. In each instance the data includes items you requested, as follows: Adjusted gross income Amended gross income \vages and salaries Dividends Interest Capital gains (100 percent) Other income (net) Total deductions Contributions Interest Taxes Medical Other Taxable income Tax A schedule showing this information, prepared in a cooperative effort by the staff of the Treasury Department and the Joint Committee on Internal Revenue Taxation, is attached. Some minor changes have been required in the draft schedule that was given to you by Dr. Hoodworth on April 15; first, one previously included return that had contributions as the principal deduction has been deleted because, as noted in my letter to Mr. Conable, it was a return for a fiscal year that began in 1969 and ended in 1970, and accordingly was not governed by the Tax Reform Act of 1969, which in general· took effect for the first time for years beginning in 1970; and, second, three additional returns have been located. The attached schedule, therefore, includes 106 returns instead of the 104 returns previously included. You ask.ed that the schedules 8hOlv not only "adjusted gross income" but also "amended gross income." The term 'tamended gross income" is not used in the tax law, but we understand that you intended it to include in addition to the above items found in adjusted gross income 100 percent instead of 50 percent of long-term capital gains, as well as tax exempt interest on state and local obligations, percentage depletion in excess of cost depletion and depreciation in excess of straight-line depreciation. As you will notice in the schedule, we have included in the table 100 percent of capital gains, although only 50 percent are included under the Internal Revenue Code. However, ~le are unable at this time to include amounts for tax e)~l2mpt interest on stnte and local bonds because those amounts are not required to be reported on the tax returns and cannot be obtained prior to audit of the returns. There has been included in "amended gross income" the amount of percentage depletion Bhmvn in the individual tax returns in excess of vlhat is estimated cost depletion might have been and depreciation shown in the return in excess of estLmates of straight-line depreciation. With re8pect to the 12 returns in which tho principal deduction was taxe~ paid, aggregating $4,160,000, it may be noted th~t of this amount $4,046,000 represented state and local income taxes paid. As I remarked in my letter to Congrcs5m~n Canable, it appears likely that these large deductions ',jere dUG to the fact that individual taxpayers generally file their returns on a cash basis; and these deductions seem to represent payments in 1970 on the filing of state and local income tax returns for 1969 in which large gnins or income \-1ere reported. We have nm.., obtllined - 4 data as to the 1969 Federal income tax returns of 11 of these 12 individuals, and find that they paid 1969 Feder21 income tax totaling about $18 million, an average of more than $1.6 million of tax per individual. With respect to returns in which miscellaneous deductions were the largest item, the aggregate of $10,371,000 in miscellaneous deductions included the following: of securities pledged to secure loans, 10s8 on guarantees of loans, and payments in settlement of litigation Accounting, bookkeeping and professional fees, investment counsel and management fees Theft nnd casualty losses Other Total LOBS $ 5,510,000 2,155,000 658,000 2,1.93,000 $10,516 J?QQ I would emphasi%e, as I did in .,IY letter to Congressman Conable, that this information has been compiled from the return3 as filed without audit, that most of these returns nre under audit, and that these audits may produce substantial assessments of tax. In particular, it appearE that a number of the returns vlill be subjected to the minimum tax on audit, and that some of the miscellaneous deductions may be disallmved or reduced, or treated as capital losses vlhich may be deducted only against $1,000 of income other than capital gains. To the extent that the interest and miscellaneous deductions are allmved on audit, it appears likely that many of them represent business and investment expenses or losses that perhaps should be deducted in computing adjusted gross income instead of being included llIDong miscellaneous deductions. You asked for a statement of the percentage which the tax puid on. these returns bears to amended gross income an:::' amended taxable income. Since these returns constitute a - s .. group in which no Federal income tax was paid, that percentage is necessarily zero, except to the extent that tax will prove to be due following audit of the returns. However, with respect to the seven cases in which the U. S. tax was offset in full by foreign tax paid, the taxpayers paid foreign income tax aggregating about $1.5 billion. This represented an effective foreign income tax rate of 70 percent of the U. S. taxable income and 62 percent of the U. s. adjusted gross income and U. S. amended gross income. You also inquired as to the effective rate of tax on persons at the poverty level. Prior to the Tax Reform Act of 1969, Federal income tax was imposed on the income of single persons in excess of $900 (personal exemption of $600 plus minimum standard deduction of $300); and, in general, this minimum level was increased by 0700 for each additional person included in the return (additional personal e;,cemption of $600 plus $100 minimum standard deduction). This resulted in taxes being imposed on persons below the poverty level. However, the President recommended in 1969 the insti .. tution of the LO\v Income AllO\v,,1Oce Nhich HClS incorporated in the Tax Refol.i:n Act of 1969 so as to raise the minimum level to which the income tax could be applied to approximately the then estimated poverty levels. Under the 1969 Act the minimum level of tax was to be adjusted to a small extent in the yecr.: 1971-1973. In the Revenue Act of 1971, effective for the year 1972, the minimum levels for tax were increased as follows: Estimated Povert~ Level Family Si~c (up to 4) Minimum l.evel for l'<iX 1 2 3 $ 2,050 $ 2,170 2,800 3,550 4,300 2,810 4 . 3,350 4,290 BeCDUDe of the need to have systematic increases as the si:::e of the family increases, the minimum level of tax is sometimes sommvhnt belm} and sometimes somewhat above - 6 the estimated poverty level. For a single person in 1972 it 1s possible for a person to pay tax at a tax rate of 14 percent on $120 of income below the estimated poverty level of $2,170, or a tax of $16.80, an effective rate of less than one percent. A married couple could pay tax of $1.40 if their income was $2,800, which would be $10 below the estimated $2,810 poverty level -- an effective tax rate of 0.05%. Income for poverty level purposes includes so-called "transfer payments" (such as social security benefits, unemployment insurance and welfare payments) which are not included in income for tax purposes; and the poverty levels are based upon the assumption that the individual occupies his own separate household, which it has not been considered feasible to require for tax purposes. Thus while there are some minor differences between the minimum income tax level and the estimated poverty level, the general plan of the law since the 1969 Act has been to impose no Federal income tax on persons belmv the estimated poverty levels. Enclosed for your convenience is a copy of my letter of 11Brch 1, 1972, to Congressman Conab1e. I trust this provides the information '''hich you requested. Respectfully yours, (Signed) Edwin S.. Cohen Edwin S. Cohen The Honorable Henry S. Reuss House of Reprcnentatives Washington, D. C. 20515 Enclosures ESC:cd/rrnn N.ljor SourCCD of Incomc mHl Deduction!l for 106 Nont.:lxaLle Income T.lX Iteturns Y1th Adjusted Cross Incomes of $200,000 or More in 1970, Classified By Lorgest Deduction or Credit 1/ (Dollar amounts in thousands) Income and deductions z returns for which largest deduction or credit wasi Foreign Miscellaneous : Taxes : Charitable Interest tax Total deduction credit paid : contributions paid 106 20 55 12 12 7 .. of.~eturns Number I Wages and salaries Dividends •• Interest Capital gains (1007.) Other income Adjusted gross income Amended gross income 2/ • ; - Contributions deductions Interest deductions Tax deductions Medical deductions i 1-1iscellaneous deductions Total deductions $ 767 1,015 701 2 ( 20 t 2,462 2 t 471 39 89 111 * 55 294 $ 562 1,700 2,467 563 18,470 20,166 1,445 6,525 1,395 21,466 533 11,134 12,392 4,227 1,327 973 39 2 2 380 8 t 947 2,019 17,337 1,106 74 1 2 533 22,069 1,976 1,261 1,426 56 10 2 516 15,235 4,123 4,427 372 7,506 1,009 108 (424) 8,516 8,606 389 416 4,160 29 417 5,412 ~893) $ $ 2,673 11,402 5,132 5,132 ~4z353) $ ), $ 5,819 28,148 10,704 8,271 (5,157) 44,705 48,062 8,650 20,430 7,776 198 14 z901 51,957 Taxable income Ordinary tax l1inimum tax 2,156 1,384 * * 67 21 205 84 2,428 1,489 foreign tax credit ~ther credits 1,384 * 7 14 84 1,475 14 * ~ax after credits Wfice of the--Secretary ot the Treasury Office of Tax Analysis ~/ 2/ - April 21, 1972 Excludes one fiscal-year return for which the provisions of the Tax Reform Act of 1969 were inapplicable. Adjusted gross income plus the excluded half of net long-term capital gains plus deductions for depletion and depreciation reported on the tax returns which are estimated to be in excess of deductions allowed under cost depletion and straight-line depreciation accountin2 methods. The Department 01 the TREASURY ASHINGTON, D.C. 20220 TENTION: 'R TELEPHONE W04-2041 FINANCIAL EDITOR May 1, 1972 RELEASE 6: 30 P.M., RESULTS OF TREASURY t S WEEKLY BILL OFFERING 1be Treasury Department announced that the tenders for two series of Treasury .11s, one series to be an additional issue of the bills dated February 3, 1972 ,and Ie other series to be dated May 4, 1972 , which were offered on April 25, 1972, !re opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000 . thereabouts, of 91-day bills and for $1,800,000,000 or thereabouts, of 182 -day .1ls. The details of the two series are as follows: INGE OF ACCEPTED lMPETITIVE BIDS: High Low Average 91-day Treasury bills maturing August 3, 1972 Approx. Equiv. Price Annual Rate 99.093 99.079 99.089 3.588% 3.644% 3.604% Y 18a-day Treasury bills maturing November 2, 1972 Approx. Equi v . Price Annual Rate 97.990 97.965 97.979 3.976% 4.025% 3.998% Y 30% of the amount of 91-day bills bid for at the low price was accepted 5% of the amount of 182 -day bills bid for at the low price was accepted )TAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston New York Philadelphia Cleveland Richmond Atlanta Chicago St. Louis Minneapolis Kansas City Dallas San Francisco TOTALS Applied For Accepted $ 28,825,000 $ 11,855,000 3,180,300,000 2 ,006, 7 90 , 000 9,195,000 9,195,000 22,310,000 20,860,000 10,105,000 7,855,000 39,850,000 20,150,000 277 , 930 ,000 130,065 ,000 45,200,000 30,500,000 33,530,000 16,730 ,000 33,765 ,000 19,380,000 41,265,000 12,765 ,000 68,345,000 15 ,195 ,000 $3,790,620,000 Applied For $ 28,905,000 3,068,150,000 25,870,000 7,880,000 12,390,000 31,300,000 244,320,000 22,600,000 26,405,000 22,450,000 42,395 ,000 82,355,000 Accepted $ 2,915,000 1,615,650,000 5,770,000 7,080,000 2,390,000 17,460,000 79,180,000 12,100,000 15,405,000 8,650,000 8,645,000 25,555,000 $2,301,340,000 ~ $3,615,020,000 $1,800,800,000 EI I Includes $177,700,000 noncompetitive tenders accepted at the average price of 99.089 / Includes $ 81,485,000 noncompetitive tenders accepted at the average price of 97.979 I These rates are on a bank discount basis. The equivalent coupon issue yields are 3.69 %for the 91-day bills, and 4.14% for the 182 -day bills. The Department of the TREASURY SHINGTON, D.C. 20220 TELEPHONE W04-2041 May 2, 1972 FOR IMMEDIATE RELEASE TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice~ invites tenders for two series of Treasury bills to the aggregate amount of $4,100,000,000, or thereabouts, for cash and in exchange for Treasury in the amount of $4,105,695,000, bills maturing May 11, 1972, as follows: 91-day bills (to maturity date) to be issued May 11, 1972, in the amount of $2,300,000,000, or thereabouts, representing an additional amount of bills dated February 10, 1972, and to mature August 10, 1972 (CUSIP No. 912793 NY8),originally issued in the amount of $1,600,175,000, the additional and original bills to be freely interchangeable. 182- day bills, for $1,800,000,000, or thereabouts, to be dated May 11, 1972, and to mature November 9, 1972, (CUSIP No. 912793 PL4)o The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at maturity their/ face amount will be payable without interest. They will be issued in bearer form only. and in denominations of $10,000, $15,000, $50,000, $100,000, $)00,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the closing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, May 8, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must be for a minimum'of $10,000. Tenders over $10,000 must be in mUltip'les of $5,000. In the case of competitive tenders the price offered must be expressed on the basis of 100, with not more than three decimals, e.g., 99.925. Fractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking ,institutions generally may submit tenders for account of customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to (0 VER) - 2 submit tenders except for their own account. Tenders will be received without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanh by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or re;ect any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimals of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on May 11, 1972, in cash or other immediately available funds or in a like face amount Treasury bills maturing May 11, 1972 Cash and exchange tender will receive equal treatment. Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills. 0 Under Sections 454 (b) and 1221 (5) of the Internal Revenue Code of 1954 the amount of discount at which bills issued hereunder are so~ is considered to accrue when the bills are sold, redeemed or otherwise disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price paU for the bills, whether on original issue or on subsequent purchase, a~ the amount actually received either upon sale or redemption at maturit) during the taxable year for which the return is made. Treasury Department Circular No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained'froo any Federal Reserve Bank or Branch. 000 The Department of the ASHINGTON. D.C 20220 TRfASURY TELEPHONE WD4-2041 FOR IMMEDIATE RELEASE May 2, 1972 COUNTERVAILING DUTY ORDER ON COMPRESSORS AND PARTS THEREOF FROM ITALY Assistant Secretary of the Treasury Eugene T. Rossides announced today the issuance of a countervailing duty order against compressors and parts thereof from Italy. Compressors are found principally in refrigerators, air conditioners, and other cooling units. Their basic function is to convert the freon or other refrigerant from its ga·seous form into a liquid. A countervailing duty action arises under section 303 of the Tariff Act of 1930 (19 U.S.C. 1303). Under this section, the Secretary of the Treasury is required to assess a duty equal to a bounty or grant which is paid or bestowed in the exporting country within the meaning of section 303. The order will be published in the Federal Register of May 3, 1972. Countervailing duties will be assessed 30 days after publication in the Customs Bulletin of May 17, 1972. The duties will thus become effective on Saturday, June 17, 1972. Based upon information presently available, compressors receive payments which vary from 5.53 to 16.93 lire per kilogram, or from approximately 0.4¢ per pound to 2.7¢ per pound. Compressor parts receive payments ranging from 15 lire per kilogram, or approximately l.l¢ per pound, to 80 lire per kilogram, or approximately 6.1¢ per pound. During the period January 1971 through January 1972, imports of Italian compressors and compressor parts totaled approximately $19,800,000. 000 The Department of the VASHINGTON. D.C. 20220 TRfASURY TELEPHONE W04-2041 MEMORANDUM TO CORRESPONDENTS: May 2, 1972 Secretary of the Treasury, John B. Connally, today issued the following statement: I am deeply saddened by the passing of J. Edgar Hoover, who in decades of service, set high professional standards for law enforcement in this nation. His leadership, his cooperation with other agencies, and his campaign to professionalize anti-crime efforts at local, state and national levels will be long remembered. The country will sorely miss him. 000 The Department of the TREASURY iINGTON. D.C. 20220 TElEPHONE W04-2041 ATTENTION: FINANCIAL EDITOR FOR RELEASE AT 6:30 P.M. May 2, 1972 RESULTS OF TREASURY'S NOTE AND BOND AUCTIONS The Treasury announced that it has accepted $1,251 million of tenders for the new 4-3/4% one-year notes and $500 million of tenders for the 6-3/8% bonds of 1982 auctioned today. Total tenders received were $3,349 million for the notes and $1,300 million for the bonds. The range of accepted competitive bids was as follows: High Low Average 4-3!.4~ Notes of 1973 6-3!.8~ Bonds of 1982 Price Price 100.50 100.27 100.30 AEErox. Yield 4.23% 4.47% 4.44% .YlO 1.06 100.37 100.60 Approx. Yield 6.23% 6.32% 6.29% 'yExcepting two tenders totaling $203,000 Accepted tenders for the notes included 83 %of the amount bid for at the low price, and $250 million of noncompetitive tenders accepted at the average price. Accepted tenders for the bonds included 83 %of the amount bid for at the low price, and $43 million of noncompetitive tenders accepted at the average price. In addition to the amount allotted to the public, $2,514 million of the notes were allotted to Federal Reserve Banks and Government accounts at the average price, in exchange for notes maturing May 15. The' Department 01 the TREASURY TELEPHONE W04·2041 ASHINGTON. O.C. 20220 FOR RELEASE UPON DELIVERY STATEMENT OF THE HONORABLE EDWIN s. COHEN ASSISTANT SECRETARY OF THE TREASURY FOR TAX POLICY BEFORE THE COMMITTEE ON WAYS AND MEANS UNITED STATES HOUSE OF REPRESENTATIVES ON H. R. 11720 May 3, 1972 Mr. Chairman and Members of the Committee: I am pleased to appear before you this morning to discuss H. R. 13720, which is a bill to "Amend the Internal Revenue Code of 1954 with respect to lobbying by certain types of exempt organizations." A brief surmnary of the bill is attached. The Treasury has given substantial consideration to this matter and has conferred with numerous groups concerning it. We are concerned about ambiguities and problems in the existing law and are sympathetic to some of the objections that have been voiced against it. We are also con- cerned, however, that in its present form the pending bill is too broad, and that it contains provisions with new ambiguities and new problems. - 2 For almost forty years the Internal Revenue Code has granted exemption to "corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, 'no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office!! (Section 501(c)(3». Among the problems presented by this section are (1) determining whether organizations are exclusively engaged in charitable operations, (2) defining the phrase "carrying on propaganda, or otherwise attempting to influence legislation," and (3) deciding whether the latter activities represent "a substantial part" of total activities of the organization. We appreciate full well the important contributions "to society that are made by these organizations through their research and consideration of important problems of the day. We have tried to avoid interpreting the word - 3 - "charitable" in a fixed, immutable fashion. As the courts have done in many nontax settings, we have tried to give it a meaning that changes and expands as the needs of society change and expand. As to the phrase "carrying on propaganda, or otherwise attempting to influence legislation," we have interpreted it so as to permit research and study of matters that may become the subject of legislation, and the publication of those studies. We have also interpreted it as permitting attempts to influence administrative decisions as to the application of legislation, and to influence the exercise by administrative officials of discretion given to them by legislation. We have interpreted it to permit litigation in the courts to construe legislation that has been enacted or to construe the provisions of constitutions. Thus far we have not interpreted it to permit attempts to persuade legislative bodies as to the enactment of legislation, and especially not to permit so-called "grass 'roots" lobbying to persuade the public to bring influence to bear upon members of legislative bodies to affect their vote. - 4 He have given extensive consideration to the possibility of modifying the existing regulations to construe the present statutory language to permit the presentation of views concerning legislation in public hearings of the Congress and other legislative bodies. We have, however, interpreted the lan- guage to permit the organizations to make available the results of their research and study to committees of legislative bodies when requested by those committees. We are inclined to believe that this right of presentation of views to legislative bodies in public hearings should be available to the organizations, whether or not by invitation of the committee. We believe that the views of these organiza- tions should be publicly available to the members of the legislative bodies, whenever public views are sought, as an aid to the legislators in the many difficult decisions with which they are faced. For technical legal reasons involving the history of these provisions and Congressional committee reports explaining them, we have not been able to accomplish this by regulation, but we would be pleased to see this authorized by statutory change. We think this would be a 1!10St significant step and we would support such action by the Congress. - 5 - That leaves for consideration the question whether the organization should be permitted to go beyond presentation of views in open hearings. Should charitable and educa- tional organizations be permitted to present their views (1) in communications to members of legislative bodies other than in open hearings; (2) in communications to "members" of the organization and (3) in so-called "grass roots" efforts to influence the general public with respect to legislation? The argument has been advanced to us that these organizations are now at a competitive disadvantage when confronted by opposing business organizations which are permitted deductions for expenses of certain legislative activities under Internal Revenue Code Section 162(e). This can occur, for example, in environmental and ecological matters. Section 162(e), enacted in 1962, permits business taxpayers to deduct expenses of appearances before legislative committees, or of communications to the committees, to individual members of legislative bodies, or to members of the business organization. But such expenses may be deducted only when incurred with respect to legislation that is "of - 6 - direct interest to the taxpayer" or "an organization of which he is a member." A tax upon income cannot always keep all competing interests in perfect balance, because expenses incurred in business matters are generally deductible and expenses incurred in personal matters are generally not deductible. Nevertheless, in such broad issues of social and governmental policies as are here involved, there is much to be said for the argument that where business and non-business interests confront each other before legislative bodies there should be comparable tax treatment. Accordingly, where there is a legislative matter that is "of direct interest" to business taxpayers on one side, a true balance would indicate that if the matter is also "of direct interest" to competing non-business charitable interests, the charities should also be permitted to communicate their views to members of the legislative bodies, even apart from open hearings; and they should then also be allowed to communicate their views to the "members" of their organizations (assuming, as discussed later, we can adequately define in this setting the term "members"). We must also be sure that in trying to redress an imbalance, we are not, in fact, creating a new imbalance in the other direction. - 7 The "balancing" argument, with its inherent emphasis upbn fairness, seems equally to indicate that where this confrontation exists, the non-business charitable interest should not be permitted to engage in "grass roots" lobbying that is denied to the competing business interests that would be affected by the legislation. Section l62(e) specifically provides that its provisions shall not be construed as allowing a deduction for amounts expenses "in connection with any attempt to influence the general public, or segments thereof, with respect to legislative matters Moreover, the "balancing" argument does not provide justification for communications to members of legislative bodies or members of organizations when there is no competing business interest. The current proposal would go far beyond such cases of competition and confrontation, such as are involved in environmental and ecological matters, to cover a wide range of topics that occupy the attention of the Congress and state and local legislative bodies. As an illustration, the bill would permit lobbying on either side of such controversial public issues as abortion laws, divorce laws, busing, etc., where organizations on both - 8 sides are today subject to the prohibition against influencing legislation. Moreover, many of the issues presented to legislative bodies have a distinctly political context, such as laws governing the conduct of primaries and elections, the drawing of legislative districts, the eligibility of voters, etc. Drawing the line between charity and educa- tion on the one hand, and politics on the other hand, would involve a delicacy of decision that would try the capacities of the most able administrator or judge. d~sirability We question the of extending income tax advantages to lobbying on issues of these types, beyond expression of views in public hearings, or communications with legislators that are incidental to such public appearances. In the Revenue Act of 1971 Congress permitted a deduction of $50 or a credit of $12.50 ($100 and $25 on joint returns) for political contributions. Some two months ago we issued guidelines under this provision that seem to have proved generally acceptable. There were serious problems involved in the interpretation of that provision, both as a technical matter and as deep-seated matters of policy, but in general we construed the provision as favorably as we could toward the allowance of the deduction or credit - 9 because of the strict limitations upon the amount of the allowance. Had it not been for the ceiling on the amount of the allowance, we would have had many qualms about the issues involved under that provision. We call to your atten- tion the fact that the bill now pending before you contains no limits upon the amount of the deductions to individual contributors to these organizations, other than those present provisions of the Code relating to the percentage of the taxpayer's adjusted gross income for which charitable contribution deductions may be claimed. Where lobbying on political or quasi-political matters is involved, the Committee may want to consider the size of the donations that may be deductible to particular contributors. The bill does contain percentage limitations as to the proportion of the total expenditures of the organization that may be made by the organization for lobbying purposes. In general, it permits a charitable organization (other than a private foundation) to elect, in lieu of the existing provisions of law, to spend any amounts on influencing legislation if those amounts do not normally exceed 20 percent of its total expenditures for charitable purposes. It also permits - 10 the organization to spend any amounts on "grass roots lobbying" that do not normally exceed 5 percent of total expenditures for charitable purposes. It has been urged upon us that the present law provision permitting no "substantial part of the activities of the organization to be involved in influencing legislation is ambiguous; because the word "substantial" is not defined. The determination of substantiality is indeed a difficult matter both for the organizations concerned and the Internal Revenue Service. For the reasons indicated above, we would question whether any"grass roots" lobbying should be permitted with income tax advantages. Beyond that, it should be noted that the 5 percent and 20 percent tests in the bill can permit very large lobbying expenditures,. because those permitted percentages are applied to the total expenditures of the organizations for charitable purposes during the year in question. For some charitable and educational organizations of substantia size, these rules could permit very large lobbying expenditures to be pinpointed on particular issues or in particular geograpb ical areas. The Internal Revenue Service has approximately 175,000 organizations officially on file as tax exempt charities. It - 11 is estimated that there are several hundred thousand additional exempt organizations which have never filed with the Internal Revenue Service for official ruling of exemption, or which are covered as subordinates of other organizations that have filed. The most recent data from the IRS master file for exempt organizations for the year 1970 includes roughly 82,000 - returns of charitable organizations that show aggregate disbursements of roughly $36 billion. Of this $36 billion total, about $30 billion represents disbursements by public charities as distinguished from private foundations. If 5 percent or 20 percent of these amounts were expended on lobbying in the ways permitted by the bill -- and we do not mean to suggest that all of these organizations would make the maximum permitted lobbying expenditures -- the bill could permit $6 billion to be spent in influencing legislation, of which at least $1-1/2 billion could be expended on"grass roots'lobbying. An organization with annual expenditures of $25 million could spend $1.25 million on'~rass root~'lobbying .lobbying in the aggregate. stantial amount of lobbying. and $5 million on This would suggest a rather sub- - 12 Under the pending bill, private foundations would not be permitted to lobby but they could make contributions to public charities that engage in permitted lobbying activities so long as overall the recipient charities qualify as "publicly supported." So long as the recipient organiza- tion continues to derive at least one-third of its receipts for public support (or in some cases even less than onethird for public support), they could be funded by contributions from private foundations, but the private foundations could not earmark the contribution to be used for lobbying purposes. There are a few other aspects which the Committee may wish to note. Only the states of New York and California and a few others have any effective regulations or supervision of solicitation by, or the activities of, public charities. There are no federal regulations of charities except to the extent of the federal income tax law requirements. The present in- come tax law requires public disclosure of receipts and expenditures in tax returns filed by the organization to the total amount expended by the organization to influence legislation, but public identification of the legislation sought to be influenced is not now required. Nor is there supervision in federal law to require that the purposes for which - 13 the funds are solicited be adhered to in the expenditure of those funds. The Committee may want to consider some provi- sion for public recording of all legislation that the organization is supporting or opposing. A subsidiary problem relates to the decision as to who is to be regarded as a "member" of the organization if communications to members about lobbying are to be permitted. The problem exists with respect to trade associations under Section l62(e), but would be considerably more difficult with respect to various types of exempt organizations. The term "member" has varying meanings under state laws; and it may mean one thing with respect to one form of organization and another thing with another form, for some organizations are incorporated and some are loose associations. The rela- tionships between parent or national organizations and subsidiary or local organizations provide in this regard. particular problems The membership of some large parent organi- zations may encompass a large segment of the population, and may assume the proportions of "gras s roots" lobbying. Another factor the Committee may wish to consider is the relationship of the bill to the lobbying laws. The - 14 Federal Regulation of Lobbying Act applies only to attempts to.influence legislation in Congress, and does not apply to efforts made before state and local legislative bodies. The federal law itself has perplexing ambiguities, without provision for administrative interpretations, and it is enforceable only by criminal indictment. It requires quarterly reports of lobbying expenditures, and the latest reports indicate that for the year 1970 the total amount reported for lobbying expenditures was less than $6 million (see Congressional Quarterly, August 6, 1971, pp. 1680 et seq.). The Committee may wish to consider some coordination between the tax law provisions and non-tax lobbying legislation. In summary, we support the major purposes sought to be obtained by the proposed bill, but we respectfully suggest that it requires modification as I have indicated. ATTACHMENT Summary of H. R. 13720 Under present law an organization cannot be exempt from taxation under Section 50l(c)(3) unless "no substantial part of its activities" consists of "carrying on propaganda, or otherwise attempting to influence legislation." Under H. R. 13720 an electing public charity would be given the leeway to spend on attempts to influence legislation up to 20 percent of its annual disbursements for charitable purposes. Expressly permitted within the percentage limitation would be communications with members or employees of a legislative body, communications wfrh any other government official or employee who may participate in the formulation of the legislation, and direct communications of information between the organization and its members as long as the legislative matters involved directly affect a charitable purpose of the organization. However, of the 20 per- cent generally permitted under the bill, an amount equal to 5 percent of the organization's charitable disbursements could be devoted to attempts to influence the general public ("grass roots lobbying") and attempts to influence legislation not directly relating to a charitable purpose of the organization. ATTACHMENT - 2 - The bill makes clear that there are no restrictions on an organization's making available the results of non-partisan analysis, study or research, providing technical assistance to a governmental body or committee on written request, or lobbying activities in regard to matters that might affect the existence of the organization, its exempt status or the deduction for contributions to it. Under the bill organizations may choose to remain under present law. Election to have the new provisions apply would be made as prescribed by Treasury. Such an election would be effective for all taxable years ending after the election and beginning before the earlier the date on which the election is revoked or the date on which the organization ceases to be the type of organization described in the bill. The bill would also deny the section 170 deduction for contributions "for the use of" an organization if made for the purpose of influencing legislation. COMMENTS OF THE STAFF OF THE EMERGENCY LOA.1If GUA.'qANTEE BOARD May 3, 1972 Yesterday afternoon the Emergency Loan Guarantee Board staff received a copy of a release issued by Senator Proxmire's office concerning a question which had been raised concerning the authority of the General Accounting Office to review decisions of the Emergency Loan Guarantee Board. That release contained the text of a letter which the Senator has written to its Chairman, Secretary of the Treasury Connally. 1etter. The Board will, of course, respond to the Senator's However, in view of certain statements made in the release·, the Emergency Loan Guarantee Board staff, by way of background, would like to make the following comments: (1) Charges that the Guarantee Board is trying to hide something by declining permission to the Comptroller General to examine a portion of the Board's records should not be allowed to obscure the real issue in this case--whether the Controller is correct in his assertion that he has statutory authority to review the decisions of the Board. (2) Although the Comptroller only raised a legal question in his testimony, it is now asserted that it is inappropriate for the General Counsel of the Treasury in his capacities as executive director and general counsel of the Loan Guarantee Board to appear to testify on this technical question. Since the Emergency Loan Guarantee Board relied on the opinion of its General Counsel and Executive Director with respect to the question of whether the GAO had authority to review Board decisions, it was thought logical for the person who gave this advice and who performed the research to appear before the Committee to explain the legal basis for the Board's decision. The question raised in the Comptroller General's testimony was a legal question. The Board's General Counsel is fully prepared to speak to the legal issue of the question of the GAO's statutory authority with respect to the Guarantee Board. The Board believes that the proposition is settled that GAO has no authority to review the Board's decision making process. Rhetoric is not a satisfactory substitute for GAO's statutory authority. In today's May 3rd release by Senator Proxmire, reference is made to the Comptroller General's assertions before Senator Proxmire on April 12, 1972, that there were clear violations of law. Nowhere in the release is there any mention of the fact that the Comptroller was incorrect in asserting that the Board had not furnished the GAO with any information. Contrary to Mr. Staat's statements of April 12, the Board has cooperated fully with his agency in making available to it all of the Board's records with respect to its receipts and expendftur~s. The legal issue raised by the Comptroller and which served as the basis for inviting the Chairman of the Guarantee Board to testify on April 19 has been replaced by what is referred to as "policy questions." (5) As was stated in the General Counsel's April 27, 1972, letter to Senator Proxmire, the GAO has complete and ready access to all of Lockheed's records including all documents furnished to the Guarantee Board and to the participating banks. The assertions that something is being "hidden" must be weighed against the information presently available to the GAO. In fact, the GAO has more information concerning the company than does the Board. This results from the fact that the statute requires the GAO to "audit the borrower," and from the fact that Lockheed is a major defense contractor. If there be any facts which would indicate that Lockheed does have a "precarious financial future" or might become an "insolvent company," GAO would be, and should be, the first in the government to discover these facts. To be certain.th~t the GAO had full access to Lockheed's records, the Guarantee Agreement between the Board, the banks, and Lockheed removed beyond a shadow of a doubt the GAO's authority to inspect and copy Lockheed's records. This section provides the GAO with access to all cumpany records including Lockheed's "files" thus permitting GAO to copy any records as they in their "sole discretion" may deem necessary or appropriate. (See enclosed addendum.) Illustrative of the type of information presently being received and reviewed by GAO auditors is the following: 1. Detailed cost studies and break-even analyses of the L-1011 aircraft program. 2. Copies of 1-1011 sales agreements. 3. Copies of major 1-1011 subcontractors and purchase orders. 4. Information and details' concerning properties pledged as .'. collateral under the Guarantee Act. 5. Personal interviews as requested by the GAO of members of management and various subject matters. 6. Internal audit reports on various subject matters. 7. Detailed analyses of cash flow forecasts. 8. Work papers of Lockheed's auditors. In short, the GAO has complete access to all of Lockheed's records and files, and the information they have gathered is presently being sifted and sorted by GAO auditors in California. The pertinent documents includir~ the Guarantee Agreement, which is the product of the Board's deliberations, and th~ underlying Loan Agreement are available and are public information. The basic facts concerning the cumpany's operations are likewise public information. Lastly,-the GAO has access to the Board's records at the Bureau of Accounts relating to all of the Board's receipts and expenditures. To my knowledge, the GAO has not discovered anything which would substantiate the assertion that Lockheed is in a precarious financial situation. Lockheed is neither insolvent nor in a precarious financial situation. In fact, Lockheed is rapidly gaining financial strength, and to imply otherwise is to ignore tr1e financial facts. What the GAO seeks in its September letter is the Board's internal documents relating to the Board's deci~ion making process. These include minutes of the Board's four meetings and related internal memoranda and correspondence. The GAO claims authority and responsibility to review Board "decisions". In other words, the authority to question and dispute the Board on matters which by statute are the Board's sole responsibility. The reason that John B. Connally, the Secretary of the Treasury, Arthur Burns, the Chairman of the Board of the Federal Reserve System, and William Casey, the Chairman of the Securities and Exchange Commission were placed on the Board is that Congress believed they were uniquely and thoroughly qualified to form judgements with respect to the required statutory determinations. Releasing the Board's internal files so that the GAO can review the minutes and staffmemoranda allows the GAO's viewpoint as to what the decision should be to be surperimposed upon the Board's decisionS, It is not believed that Congress intended this added voice in the Board's decision making process. To permit it in the form requested by the GAO would raise basic questions concerning the division of authority between the Congress and the Executive Branch. The Board believes that Congress made a wise and logical distinction as to the responsibilities under the Guarantee Act. It charged the Guarantee Board with the responsibility to make the required statutory determinations and the GAO with the responsibility to "aUdit" the borrower--and to report the results to both the Guarantee Board and the Congress. The Board is to make a "full report" of its operations directly to the Congress. This report, as I mentioned in my April 27 letter to Senator Proxmire, will be made in August of this year and will disclose fully the Board's operations and the bases for its decisions. The Emergency Loan Guarantee Board agrees with Senator Proxmire's statement that Congress has the right to know whether the Board is complying witn the statutory requirements. This, in fact, is the statutory require- ment, that the :Board make a full report to the Congress on its operations. Beyond the reporting requirement, and of some significance, is the fact that the Guarantee Board on September 10, 1971, wrote to the Senator stating its willingness to make information on the Board's actions directly available to the Congress through the Chairmen of the Committees which considered the loan guarantee legislation. pondence are being released. Copies of that corres- The substance of the Board's letter is contained in the second paragraph and reads as follows: As to other information L~ther than the agreementsJ, the Board has decided it wuuld prefer that requests concerning Board action and supporting data originate with the Chairmen of the Committees which considered the guarantee legislation. lhe Board believes that this procedure will serve to inform the Congress of any action taken by the Board and at the same time meet the concern of any borrower concerning proprietary information. This letter was signed by Samuel R. Pierce, Jr., General Counsel of the Treasury. As has been explained, the Board disagrees with the proposition that the GAO, whose principal purpose is to audit the expenditure of appropriated funds, has any authority to review the Board's decision making process. The characterization of Lockheed as "insolvent" and that t'tax dollars are being .:;;quandered in a hopeless venture" are unfortunate. are inaccurate and will mislead the public' and the Congress. are not involved in the loan guarantee. They Tax dollars Representations were made to the Congress that even if the company borrowed $250 million under government guarantee, the government's exposure on the guarantee would be fully collateralized by the company's assets. This continues to be the case. Far from being insolvent, the company is regaining its financial strength. Information on the financial condition of the company is publicly available and shows that the company is making progress. It is noteworthy that the company borrowed $45 million less under government guarantee than it forecasted it would require at year end 1971. At present the company has borrowed $100 million under government guarantee which is $25 million less than it forecasted it would require. Also, at year end the company had substantial cash balances over that which it had anticipated. April 30, 1972 UNITED STATES SAVINGS BONDS ISSUED AND REDEEMED THROUGH (Dollar amounts in millions - rounded and will not necessarily add to total.) OESCRIPTION MATURED Series A-1935 thru D-1941 Series F and G-1941 thru 1952 Series J and K-1952 thru 1957 "MOUNT OUTST"NOINGli "70 0UTSTANOING OF AMOUNT ISSUED "MOUNT ISSUEOU "MOUNT REOEEMEOU 5,003 29,521 3,754 4,998 29,495 3,744 5 25 10 .10 .08 .27 1,911 8,430 13,556 15,815 12,445 5,669 5,397 5,592 5,543 4,860 4,204 4,406 5,036 5,136 5,352 5,175 4,880 4,768 4,477 4,498 4,578 4,445 4,984 4,850 4,725 5,097 5,047 4,791 4,500 4,700 5,383 1,036 379 1,719 7,576 12,212 14,179 11,009 4,853 4,485 4,568 4,452 3,851 3,330 3,464 3,885 3,905 4,026 3,858 3,587 3,408 3,157 3,075 3,001 2,821 2,963 2,876 2,792 2,887 2,820 2,611 2,298 2,021 1,533 44 321 192 854 1,344 1,636 1,436 815 913 1,024 1,091 1,009 874 942 1,151 1,231 1,326 1,317 1,293 1,360 1,320 1,423 1,577 1,625 2,021 1,975 1,933 2,210 2,228 2,180 2,202 2,678 3,850 992 58 10.05 10.13 9.91 10.34 11.54 14.38 16.92 18.31 19.68 20.76 20.79 21.38 22.86 23.97 24.78 25.45 26.50 28.52 29.48 31.64 34.45 36.56 40.55 40.72 40.91 43.36 44.15 45.50 48.93 56.98 71.52 95 .. 75 15.30 181,664 133,587 48,077 26.46 5,485 8,352 3,865 2,700 1,619 5,652 29.52 67.67 13,837 6,566 7,272 52.55 195,501 140,152 55,349 28.31 38,277 195,501 233,779 38,237 140,152 178,390 40 55,349 55,389 .10 28.31 23.69 UNMATURED Series E.1J : 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 Unclassified Total Series E Series H (1952 thru May, 1959)}j H (June, 1959 thru 1972) Total Series H Total Series E and H All Series { Tota] matmed Total unmatured Grand Total Include. accrued discount. Current redemption value. At option of owner bonds may be held and will earn Interest for additional periods after orliJinal maturity dates . .. """ 1'1) ~ thy. Feb. 1972) - Dept. of the Treasury - Bureau of the Public Debt b The Department of the ;HINGTON. D.C. 20220 TREASURY TELEPHONE W04-2041 FOR RELEASE UPON DELIVERY REMARKS OF THE HONORABLE EUGENE T. ROSSIDES ASS I STANT SECRETARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS) before the EXECUTIVES OF THE HAND TOOL MANUFACTURING INDUSTRY (SERVICE TOOLS INSTITUTE) at the MARRIOTT MOTOR HOTEL, O'HARE AIRPORT, CHICAGO, ILLINOIS May 5, 1972 PRESIDENT NIXON'S NEW ECONOMIC POLICY AND THE DOCTRINE OF FAIRNESS IN INTERNATIONAL TRADE President Nixon's New Economic Policy, announced on August 15, 1971, marked a watershed in world history, not just U. S. history. The President's actions marked the end of one era -- "the end of the post-war world" as Secretary Connally said last month -- and the dawn of a new era in international economic relationships. The presidedt's goals were three -- to curb inflation, to generate jobs by stimulating responsible economic growth, and to strengthen the position of the United States in the international trade and financial community 0 - 2 Today, I shall talk primarily about the U. S. position in international trade -- a Doctrine of Fairness -- with special emphasis on Treasury's role and responsibilities in this area, and the need to perfect international organization and procedures for effective solutions of trade problems. Why Are We in a New Era? At the end of World War II, the United States was the wealthiest, most powerful nation on earth. A large part of the 'world was in ruins, physically, politically, and economically, after the holocaust that it had just experienced. The United States exhibited truly unselfish and generous leadership in an effort to bring these ravaged areas back to normal. We did this in our own long-range national interest but at considerable sacrifice. It made sense for the United States to do everything possible to assist both our former allies and enemies to regain their feet. And so, we literally showered U. S. dollars and expertise on these countries. The American taxpayer accepted th, burden of the nearly $150 billion in economic and milItary aid that ~.,as made available over the past 25 years, for he understood the relationship between a prosperous world economy and his own well-being. But conditions have changed and we now find ourselves confronted with an entirely different picture. Although the United States is still the most important free world power, it is no longer the only free world power. Other nations are again in a position to challenge us economically and politically. The United States is now one giant among several. - 3 The Long-Run Task What does this new era signify for the United States and the rest of the trading world? Essentially, the long-run task facing the United States and the world community is the creation of an international economic system which, on the basis of mutual advantage, will stimulate international trade and freer competition, draw nations and people together, and thus form the basis for a lasting peace with prosperity. Progress Made Since August 15, 1971 In his policy role as Chief Economic Spokesman for the President, Secretary Connally has already sketched in broad outline form the new policies to be followed. The domestic and international fronts, which cannot be separated, have seen considerable progress in the eight months since August 15, 1971. On the domestic side, ~conomists are virtually unanimous that activity is expanding vigorously. Industrial production rose strongly in March, the seventh consecutive monthly advance. Total employment and retail sales also showed strong gains. Employment rose by 620,000 to 81.2 million -- the largest gai~ for a month since mid-1967. Overall, the Commerce' Department's index of leading economic indicators,which includes such things as new orders for plant and equipment and for durable goods, rose another 0.9 percent. All those indicators combine as further evidence that the economy is in a strong expansionary phase. On the international side, the Smithsonian Agreement of December 18, 1971, was a significant breakthrough and has given the new era a substantial forward thrust. That agreement included a multilateral - 4 - realignment of exchange rates, commitments to discuss more general reforms of the international monetary system, and commitments to begin discussions to reduce trade barriers, including some most harmful to the United States. Simultaneously with the Smithsonian Agreement, commitments were made by some of our allies to assume a larger share of the costs of common defense. For its part, the United States agreed to recommend to the Congress that the price of gold in dollars be raised when progress had been made in trade liberalization. Further, President Nixon moved promptly to terminate the temporary 10% surcharge, effective December 20. On February 9, 1972, Secretary Connally transmitted to the Congress a draft bill providing for devaluation of the dollar by 8.5% to $38 per ounce of gold. In signing that bill into law on Monday, April 3, the President said that the basic significance of the Smithsonian Agreement and the legislation is: 1f •• Gthat it provides for continued cooperation among our allies and ourselves-and thus strengthens our unity--as we work toward an 'open world' based on a more balanced monetary system and a more equitable international trading environment.1f Substantive agreements have also been reached with the European Community and with Japan to remove or lower certain barriers against U. S. products and to support multilateral and comprehensive trade negotiations in 1973, menawhile solving more immediate prohlems in 1972 through the GATT. The Administration will seek the necessary legislative authority for these comprehensive negotiations. - 5 Doctrine of Fairness in International Trade -- Abroad and at Home Abroad These are some of the accomplishments to date on the international trade front. All of the United States' efforts in international discussions have been dedicated to one objective -- the establishment of a Doctrine of Fairness in International Trade. The President and Secretary Connally have served notice that the United States is no longer going to compete with one hand behind its back. To compete fairly abroad, we must have fair access to all the markets of the world. I do not mean to imply that the United States is expecting to obtain something for nothing. We recognize that some of our practices are regarded by other countries as discriminatory. But in our trade negotiations we do have a right to demand a fair bargain. We insist only on the right to compete fairly abroad. As Secretary Connally said i~ Munich last May: " ••• no longer will the American people permit their government to engage in international actions in which the true long-run interests of the U. S. are not just as clearly recognized as those of the nations with which we deal." The point he conveyed to all is that the United States can no longer stand by complacently when markets are closed to us or where the "rules of the game" seem to be rigged against us. - 6 When our foreign friends complained about the temporary 10% additional duty adopted as part of the President's new economic program, they did not mention in their complaints the barriers they maintain against U. S. exports to their countries. These barriers take various forms--quotas no longer justified by economic factors, discriminatory taxes such as progressive taxes on horsepower directed at the export of U. S. automobiles, discriminatory tariff arrangements such as the Common Market preferences and reverse preferences, which establish a lower tariff on the exports of Common Market members than on those of the U. S. and others into third markets, both in developing and. developed countries. At the same time the United States has followed an open and liberal policy in trade. We have one of the most open markets in the world, but now one of the questions we have to ask ourselves is whether the European Economic Community, which claims to have an outward-looking poltcy, is not turning its gaze inward instead. Let us look at some specific recent actions by the Community. The EC has concluded preferential trade agreements with 28 countries which discriminate against third-country trade. It is now in the process of negotiating similar preferential arrangements with at least four other countries: Algeria, Cyprus, Egypt and Lebanon. At the same time, it is negotiating agreements with Iceland and Portugal as well as with the EFTA neutrals, Austria, Finland, Sweden, and Switzerland. These negotiations presumably are being based on a free trade area in the industrial sector with the possibility of including preferential ' advantages for EC agriculture in some of these markets. Is this fair trade? - 7 - As the EC expands its membership from 6 to la, the UK, Denmark, Ireland, and Norway will, of course, have to adopt the high]y protectionist Common Agricultural Policy of the EC. Furthermore, the EC recently raised the support prices on corn, among other agricultural items, thereby increasing its variable or sliding levy -- a levy system which incidentally is in complete contempt of accepted trading practices -- against imports of U. S. corn into the EC by 11 percent. Through this variable levy system -- which, at present levels, almost doubles the cost of U. S. corn to Community users -- American farmers,who are more efficient producers of corn, are excluded from the EC market in favor of the less efficient European farmers. Is this fair trade? In the past few weeks, the European Community has instituted a new system of compensatory duties so as to continue to protect its domestic agricultural markets from more efficient foreign production in the face of the recent curr~ncy realignments. In so doing, the European Community did not hesitate to break the negotiated rates (to wQjch they are bound) on some 40 million dollars' worth of trade. They did this despite the fact that it was a clear violation of the GATT. The United States has some interest in the EC's actions, for our cost of production for . basic agricultural commodities approximates half of that in the Common Market. Is this fair trade? - 8 Since the post-war years, the United Kingdom, soon to become a member of the Community, has maintained quotas for balance of payments reasons on imports from the dollar area of fresh, frozen, and canned grapefrui~, orange juice, and rum -this despite the fact that the balance of payments justification for these quotas has long since passed. Indeed, the British are now in balance of payments surplus, and removal of these quotas, which the United States has been seeking for over 20 years, is certainly long overdue. Is this fair trade? Similarly, France imposed quotas several years ago for balance of payments reasons on imports of semi-conductors. Although the French authorities have liberalized these quotas over the years, an intricate licensing system inhibits our exporters from supplying the French marketo The balance of payments justification for protection has long since ceased and this obstacle to trade should have been eliminated years ag90 - 9 - Now I ask: Are these the policies of an outwardlooking trading bloc interested in the expansion of world trade? The Community's regulations have restricted Japanese imports to 6 percent of that country's overall exports--this in contrast to the 30 percent which Japan exports to the United States. By restrictions such as these, the Common Market has literally forced the Japanese to concentrate their export drive on the United States. Is this fair trade? Japan now has $17 billion in foreign assets reserves. We have approximately $12.5 billion. While the United States had a balance of payments deficit last year--and has had one for over 20 years--and our first trade deficit since l888--Japan had a trade surplus last year of 7.9 billion dollars, the highest in the world. This year's balance for them will be even larger since their exports are likely to run 20% above 1971. 3.2 billion dollars of Japan's trade surplus in 1971 was with the United States. Many factors, in addition to U.S. policy, contributed to Japan's economic success. Japap, which was allowed to maintain quotas for balance of' payments reasons when it entered GATT, still retains many of these quotas, this despite an economic recovery which is commonly. referred to as the Japanese miracle. '~dministrati~e guidance" by Japan which impedes our exports and focuses on their export drive to the U.S. is a central factor in Japan's economic success. Is this fair trade? We have heard from our good and valued neighbors to the north in great detail about the "unfairness" of the New Economic Policy from their standpoint. What our Canadian neighbors fail to mention, however, is that their basic balance of payments surplus has averaged 1.2 billion dollars annually over the last five years. 10 What they also tend to overlook is that the patently one-sided automobile agreement contributed to a swing of over 800 million dollars in our trade balance. While we impose no tariffs or barriers on Canadian exports of automobiles, Canada imposes a 15 percent tariff on individual purchases of u.s. automobiles. Although Canadian manufacturers may import American automobiles duty-free, this is only if they meet certain minimum Canadian production requirements. These provisions of the automobile agreement were intended as "temporary" safeguards for our Canadian friends, which may have been appropriate at the time the agreement was negotiated. For the past three years, we have been negotiating for the removal of these "temporary" safeguards, but to no avail •.. this despite Canada's continuing large balance of trade surplus with the United States--a huge $1,880 million in 1971. Is this fair trade? Also, notwithstanding the balance of trade which is now so favorable to Canada, our friends to the north continue to be considerably lftss liberal than the United States in granting exemptions to returning tourists. Here, again, we have an example of~ measure which might have been "temporarily" justified' at the time it was introduced, but which is no longer supportable in the light of today's realities. Is this consistent with a Doctrine of Fairness? . " The Canadians likewise continue to insist on retainin~ other trade advantages which are a carryover from a bygone era when we were in a position to, and did, assist unstintingly our northern friends. Is this consistent with a Doctrine of Fairness? - 11 - At Home--Treasury's Role in Combatting Unfair Trade Practices Against this backdrop, there are very positive measures this Administration has already taken at horne to rectify our trade imbalance and protect jobs in the U.S. From the inception of President Nixon's Administration, the Treasury Department has vigorously attacked discriminatory pricing techniques of foreign exporters. Treasury and its Bureau of Customs have accelerated and expanded the use of statutes specifically designed to protect U.S. industry against unfair foreign competition. We have institutionalized the supervision of the administration of the Antidumping Act and the countervaling duty statute and other aspects of tariff and trade relations by setting up an Office of Tariff and Trade Affairs in the Office of the Secretary. The Antidumping Act is designed to prevent injurious international price discrimination--typically, selling in the U.S. market at prices lo~er than in the foreign horne market. The countervailing duty statute is designed to counteract and prevent foreign sup9idies on exports to the U.S. The Treasury, under this Administration, has rejuvenated what was largely a moribund Antidumping Statute. We have significantly increased actions under this statute in the past three years. We have eliminated loopholes. And, we have expedited consideration of complaints from domestic manufacturers by adding manpower and streamlining procedures. In short, Treasury is now administering the Antidumping Act more nearly in the manner intended by Congress. This is what industry has a right to expect. But more is needed. - 12 - Perhaps, criticism from abroad had to be expected. But, the point is that these actions are taken and justified in defense of fair trade--and without a sense of fairness, the prospects for freer trade would be bleak. Now, we are studying possible refinements and expansions of the use of these measures which protect U.S. industry against unfair competition. In new proposed antidumping regulations which were published on April 19, we moved one step further in our plan to clarify and tighten further the procedures of the Antidumping Act. Amendments of our Antidumping Act and countervailing duty statute may be required to achieve freer and fairer competition in international trade. And, once the long-range adjustments of tariffs, quotas, and other barriers are accomplished, these same measures can serve to maintain the integrity of those agreements. International Reforms In analyzing what we can do to enable U.S. producers to compete more effectively under- ~air rules of international trade, we must of necessity examine closely the implementation of those rules and even question the nature of the rules themselves. We face a situation in which such basic GATT rules as most-favored-nation treatment are increasingly violated. We are also concerned that foreign dumping and subsidizing of exports to third countries have the effect of freezing U.S.manufacturers out of these markets. Moreover, while we favor U.S. capital investment abroad on as liberal terms as our balance of payments allows, we cannot continue to permit U.S. capital to crea~jobs abroad if domestic U.S. manufacturers are prevented by discriminatory barriers from selling in these markets on equal terms. - 13 - If the GATT itself proves unable to face up to the realities of today's world, and we hope that it can measure up to its responsibilities, we may have to give thought to other ways of meeting the needs. If we are to reach our goal of a bright new international future, the rules and procedures of the past must be adapted to the world of the 1970's. There is clearly a need for an international foru= or forums in which the interrelationship of all the factors affecting international economic matters--monet~~:, tax, and trade--can be discussed, not piece-meal, but as part of a whole problem of economic health for all participating nations. secretary Connally, in his March 15 remarks, stresse~ the need to recognize such links in the international economy when. approaching the issue of monetary reform. Indeed, the international discussions of last fall, following the President's declaration of his New Econo=ic Policy, were successful in achieving the recognition of the interrelationship between~international monetary and trade matters. Accordingly, the President placed in the hands of Secretary Connally, his Cijief Economic Spokes=~~. the broad responsibility and negotiating authority to do . the job. . Secretary Connally has commissioned Under Secretary Volcker to discuss with our principal trading partners the development of an appropriate forum or forums. Cnde~ Secretary Volcker has recently talked with his colleagues in Europe and Japan regarding this matter. Implementation Versus Policy-Making It has often been said, "Important as it is to policy, it is even more important to implement it." ma~e - 14 - It could very well be that more forceful administration of the Antidumping Act and countervailing duty law in earlier years would have eased our problems today. I can well remember my confirmation hearing when each and every question of the Senate Finance Committee dealt with these two statutes and whether I intended to enforce them. For months thereafter, the same Senators were telling me, "You have those statutes, use them." Well, this Administration has used the Antidumping Act effectively, and as I mentioned, is reviewing the countervailing duty law. But, there are other aspects of implementing trade policy in day-to-day operations which strongly affect our international trade and our balance of payments. The main day-to-day operating bureau in the U.S. Government affecting international trade is the Bureau of Customs. Secretary Connally has directed that the trade and tariff aspects of that Bureau's operations be given the highest priority. This includes not only the operating responsibilities of the Bureau of Customs in the area of antidumping and countervailing duty, but also its role in c1assificat10n and valuation of imported merchandise, administration of quotas and marking requirements, prevention of smugglIng, monitoring voluntary restraint arrangements, and investigation of commercial frauds. All policy decisions in these matters and of priorities will, of course, be made the Secretary. in~:the determinat~~ Office of We also have under way a Treasury study to analyze the data that is available in international trade matters. Here again, the Bureau of Customs is the prime source for data regarding trade matters and yet, for analyzing and interpreting that data, its resources have not heretofore been fully utilized. This also we are moving to correct. - 15 - The Future In summary, President Nixon's Administration has moved forcefully to improve our international trade and monetary position. We have given our anti-price discrimination tools the most vigorous exercise they have ever had. We have negotiated the removal of various trade barriers and set the stage for an overhaul of the international trade mechanisms. secretary Connally has demonstrated what can be accomplished by a single chief economic spokesman for the President. We are seeking an international forum which will enable us to deal with the problems in their full depth and perspective. And we have identified the need within the Executive Branch to institutionalize these capabilities. The President has made it clear that he intends to meet the challenge of the future by stimulating our economy to ensure our continued efficient and competitive position in the world. This means that inflation and unemployment in the United States will be reduced while investment in new plants and equipment by the private sector are stimulated. While building this stronger economy at home, we must remain outward looking and international ~n ou~ initiatives overseas. This Administration is committed to such a course. Of course, our foreign friends and trading partners must be equally outward looking and international in their approach to their problems. As Secretary Connally said when he addressed the Economic Club of New York last fall: t~e do not intend to become provincial. We shall not resort to protectionism. We shall carry our burdens on the international - 16 - scene. But to do so it is essential to attain an equilibrium in our overall financial balance with the rest of the world. We seek no advantage over others. We propose to suffer no disadvantage. We seek a balance which will be to the benefit of all the nations." *** "At stake are not narrow or selfish economic goals; beyond a fair balance of opportunity, we seek none. The basic issue is much broader. It is nothing less than rebuilding the economic foundation for promoting economic development, military security, and the free flow of commerce. "To fail in our effort would be to fail not only as an Administration, nor even as a Nation. At stake is nothing less than the foundation for the freedom and security of this generation, and those that follow." All Americans and all countries must be l\~lling to make the necessary sacrifices and, as a result, all Americans and all countries will be beneficiaries. What we seek are the conditions that will encourage freer and fairer trade throughout the entire world, develop growing domestic enterprise and emplo:~ent, anc insure these gains against the erosion of inflation. The President's New Economic Policy advances these goals by laying the foundation for peace with prosperity throughout the world. 000 The Department of theTRfASU RY TElEPHONE W04-2041 ;HINGTON. D.C. 20220 FOR RELEASE UPON DELIVERY STATEMENT BY THE HONORABLE JOHN B. CONNALLY SECRETARY OF THE TREASURY BEFORE THE SENATE SUBCOMMITTEE ON TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT WEDNESDAY, MAY 10, 1972, 10:00 A. M. Mr. Chairman and members of the Subcommittee, I am pleased to appear before you to discuss the fiscal year 1973 budget requests of the Department of the Treasury. I regret that my appearance before your Committee could not have been made earlier. I understand that you have now completed hearings from all of the Treasury bureaus. We appreciate the cooperation and support of this Committee. I have with me Mr. Eugene Rossides, Assistant Secretary for Enforcement, Tariff and Trade Affairs, and Operations; Mr. Warren Brecht, Assistant Secretary for Administration; Mr. Elton Greenlee, Deputy Assistant Secretary for Administration; Dr. Benjamin Caplan, the Program and Planning Officer; and Mr. Edward Widmayer, the Acting Departmental Budget Officer. This is Mr. Brecht's first appearance before this Committee and I would like to submit his biographical sketch. With your permission, I would like to insert for the record the prepared statement that I presented to the House Subcommittee on Appropriations. I have a somewhat briefer statement which I would like to read this morning. I think that it is highly important to reiterate for this Committee the demands and complex problems that were imposed on the Department during the past year. th~we ~ We were called on to help develop and giyen me job of administering extremely complex, new - 2 - economic programs, ranging from the complete wage-price freeze to the negotiations on international monetary affairs and the allied trade negotiations. Treasury had the lead in carrying out all of the major programs announced in the PresidentTs historic address of last August 15. Treasury was directed to administer the 90-day wage-price freeze. Treasury was directed to draw up and present to Congress legislation to provide a job development tax credit designed to increase employment o Treasury was directed to prepare legislation to repeal the auto excise tax and to increase the personal income tax exemption and present both plans to Congress. Treasury was directed to aid in the plan for reducing federal spending in 1972 by $5 billion. Treasury carried out the PresidentTs plan to suspend the convertibility of the dollar into gold, to administer the temporary ten percent import surcharge and to carry on the associated negotiations. This entire new economic policy was imposed in an extraordinarily busy year in which Treasury also was involved in a host of other activities--ranging from collection of $195 billion in taxes, to helping fight the war on chugs against aerial piracy. and the campaign This varied program--from complex monetary programs to sky marshaling--is a tribute to the men and women of the - 3 - Department. The dedication to duty and energy expended by them cannot be simply measured in TTman-yearsTT--they must be viewed as an extraordinary effort in an historic year. Participation in the Economic Stabilization Program Beginning with Phase I activities in mid-August 1971, the Internal Revenue Service undertook the establishment and operation of local service and compliance centers in some 360 of its nationwide district and local offices. In Phase II it is continuing to dispense information, monitor compliance, process exemption and exception requests and issue rulings. In return for assuming these difficult tasks, the Service was excused from the 5 percent personnel reduction which the President assessed generally against all agencies. The exchange of some $34.5 million and 1,900 av~rage positions for FY 1972 operations was roughly equivalent in manpower and dollars to the reduction that would have been made. There has been, however, an equivalent loss of resources available for tax administration such that improvement in audit and collection levels expected in 1972 cannot be made and 1973 must carry some requests for tax administration improvement. The economic stabilization activities continue in FY 1973 for 9 months at a cost of $42.3 million. Other than IRS, only Customs was excused from personnel reductions in FY 1972--because of its adminstration of the 10 percent duty surcharge, and because of worMoadresulting from currency revaluations throughout the world. Customs has been reduced by 5 percent in 1973. The other bureaus of the Department were assessed the 5 percent personnel - 4 - reduction in FY 1972 and have built their 1973 budget requests from the reduced levels. Response to Other Programs Treasury's response to the need for effective immediate action in economic stabilization is but one more demonstration of managerial ability and dedication that successive secretaries and your Committee have learned to expect from Treasury employees. For example: Candidate protection was required--the Secret Service immediately assumed the task. I mentioned earlier that when airline hijacking became intolerable, we reacted and assumed responsibility for recruit. ing, training and directing the sky marshal program. Foreign missions and dignitaries were being molested--Secret Service was assigned. Treasury forces have long been the mainstay in actions against organized crime. In the crash need to interdict narcotics and to break up the network of those financing -the distribution of narcotics, the Bureau of Customs and Internal Revenue Service have the leading roles. These new functions were imposed on top of the demands for less glamorous but essential ongoing programs. The growth of the nation results in more tax returns of increasing complexity. We must provide prompt service to the public in clearance of passengers and cargo, tax assistance and claims settlements. The Congress has insisted on stricter examination of tax-exempt organizations and faster investigation of anti-dumping and countervailing duty cases. The central accounting, disbursement and payment and debt management operations must meet the growing demands of work generated outside of the Depa~ - 5 - It is with a concern for both new and basic priorities that I presented this Treasury budget. geared to These budget levels are the importance of the tasks to be accomplished while recognizing the budget restraints within which the government must act. Budget Changes for 1972 and 1973 There have been a few changes since I appeared before the House Committee to discuss this budget request. At that time, I was dis- cussing a request for operating appropriations of $1.625 billion. This amount is in agreement with the amounts transmitted to you in the PresidentTs Budget on January 24. On March 20, 1972, the President transmitted requests for proposed supplemental appropriations for fiscal year 1972 and amendments to the request for appropriations for fiscal year 1973. House Document No. 92-267. The changes are published in I have available for the record, a table (attachment 1) which shows these adjustments to fiscal years 1972 and 1973. From the table, you will observe that the cost of pay increases, effective in January, increases the estimates for 1972 by $25.5 million and for 1973 by $66.8 million. The table also shows two program amendments for fiscal year 1973 that are included in the Document. These amendments represent a trade off resulting in a budget reduction of $583 thousand. First the reduction. We had provided $1.7 million in the Compliance appropriation estimate to hire revenue agents and special agents at higher rates allowed by the Civil Service Commission for hard-to-hire skills. The - 6 - need for these higher rates to attract recruits no longer obtains and we have eliminated the item from our budget. The second budget amendment, which is an increase for the IRS Accounts, Collection and Taxpayer Service account, increases the original estimate by $1.1 million to establish a comprehensive file of pension plans, profit sharing plans, and similar deferred employee compensation plans. There is a great need for pension plan reform and I believe that establishment of this Employees T Plan Master File should not be postponed beyond Fiscal Year 1973. This is the first requisite for providing full information on the number and characteristics of pension plans, for processing related returns and for maintaining current accounts on all pension plans. Our revised total for the operating appropriations after the foregoing adjustments is $1.692 billion. Fiscal Year 1973 Increases Turning now to the dollar increases requested--which have been adjusted for the budget amenrunents: meet workload Our major item of increase is to that results from demands caused by the growth of the population and the economy. For this we need $42.6 million. Of this amount, $24.9 million is to strengthen the tax collection activity and prevent a further dwindling of audit coverage. The remaining amount is principally to process tax returns, administer the public debt, and issue and pay checks. Our next category of increase is $24 million for major equipment and capital improvements--that includes $12 million for equipping - 7 service centers and $6 million for continuation of the modernization of equipment in the Bureau of Engraving and Printing. The IRS economic stabilization participation will cost $4.3 million more in 1973 in order to continue the field activities of the program through March 1973. In Secret Service, we have an increase of $2.4 million in travel and technical support costs of which $2.1 million is a one-time expense for protective responsibilities during the 1972 campaign. Only four items represent program expansion- (1) $8.2 million for increased narcotics enforcement by the Bureau of Customs; (2) $2 million for Customs to gather and verify valuation data for import statistics needed for economic analysis by the Interagency Committee on Foreign Trade Statistics; (3) $1.6 million for full implementation of an Office of Industrial Economics in IRS that will formulate recommendations in administering the Assets Depreciation Range System, and (4) $1 million for establishing the Employees Plan Master File. Our net cost to maintain the current level of employment and operations is $13.6 million. We are asking for a net increase of 3,963 average positions of employment--l,242 are to put position increases of 1972 on a full-year basis and another 337 apply to Economic Stabilization field activities of the IRS. The bulk of the remainder is to meet workload increases. This concludes my general remarks. Again, I would like to express my appreciation for the time that you have devoted to our bureau witnesses. If you have questions, I shall be glad to answer them. SUfV.:>L-"\.J't,y or J:l:.··.'.J:sr·;~' IY 1~72 ).-.:;,r.i;-.r Ul~ lY CS-:i·:rt-i.n.-rcs lU73 (In Thot..:,;,:ncls of noJ.1;1rs) fISC'.!. Y::::\:·'. )S7 1972 Adjus'L-r:;Cl::: S l\.J1:0l:~lt ~~ _ _ _ _ _ _ _ _ _ _ _ __ Prop()sc~.Ll.l App:'op!' iate:d Organizational l'.,y I ilc:::<CZisc ~~~~~~~~~~~~~~~~~~~~~b~v~C~0~r~"~T~C~S~s~~~~T~r~2~~~.~s~f~·c~~~·~s~~~~S~~~~~;nl~=,~n~nl ;::s::-r.:c:--:ts Eud:::;ct Puy' I:ic. - I':'o;'..:r.:.:n - 1972 RCgl!0St ;~~nj. k~c::d. Rcviscd. 1\2\·':~ cl !~73 11,012 l2,lIOO SS8 12,CG3 1,500 21,000 -BY 1, 1~87 21,000 2,000 67 2,C57 61,2L!l 62,270 762 63,032 700 . 193 ,3'-: 0 300 203, iiCO 8,925 212,3Z~' 3,CJO G,OOO -43~.:~/ 2:';,,569 23,300 _l~, lJG;.Y 2,GGU 77 , I:') a l,SC8 7?.... ,j.L.v - -:'! 7C,q~O 1,3 1:Q 77 ----- 32,010 71(:1/ 32, 7 ~6 3 ~f, 212 1,:";3-) :3 ~, 731 Cull<.!c!:lu!l lL!~d J.',J),p~:~:(lr ~\.~·vl('e -------- 281,(j00 C('~tcr: S:!l.:l'ic:5 m'.Ll l::-.pcm;cs Co.:stnict':o:: -------------Dure;:;\.i cf ,\ce'Ju>1ts: S",lur':cs ;,:xl r::-pc:lses ----GO\·(!l·:~:.(!nt Losses i l l Shipr.~CI;t' 6l,2 1U 700 189,000 -------------------- Burcnu of Custoc~ ----------n~rellu of :-::.~::.'~vln6 Zll~d Prir.tiI~:; Bllrci;~ vE ti:t! ~iil~t: 25,000 d~~J 1::-·FC1~SCS ----COl.st:",:ct i:...il -------------Eu:'c"u of t;:c i"..:IJJ Ie DeiJt --!,·.tC!· . . . :il :·,l·\,C·i:'.,C ~LI!'\"~cC!: S~il~:'l·ic:.; ,:!~.:~ 1:\.i.)(~:;l~;CS 1,51)0 ..\cc0;..!r:.ts, Cc::·pl i;, :'C(, --- - - - - --------- Tllt(j.l, I ~:tc:'!:,; 1. I·:'."\'CI:~lC Sc-rvice Office 01.' t~:c 't'),Cd~~I!'cr: S~:l: . !·i(.,.., c..::~d C~:c~;, ;... v~.':/ ~',J'i i:':;)('!L!-;C!:::; i\d~tl --...;<·~,\·jcc --------- ____________ ______ 2~ ;-~.~ 57. sao LS[,Q.t8G 1.3:)::: 25,465 ~;l(.~(,C uJ ~~~(.1 ;'... 1'0<,'..1 u~· Cu~lL);;;~ H:3 U::,::~) '\; ,;. _ ~ l' I , 7i;,:J!i7.2 1 'J 7 2 Tlt',~!:)t~rcr 271.. 23ll 4,3 1,() 120 ~ 1I31 431 , 'J _"... .J -B 3GJ G,GCO , ... 2 ·, ...,...J,' %7 'f: 2, C:.:J 2C,7..-,j.Y 2~i. ·';t:~~: 1,117 -le7l'(': ,~C.O 513, 2l:S r-rl~1.7""3 Sl,/'.,li St) 3 1, L~0:-:.~·~:: 11,325 J.,8dO :in,HOO lj.'W II : ~:; c:, 1.:..,')-;:1 C<:.:=" 1_.:-,;:,[',::'1. ] .6:::''''.510 G~~:7::)~1 ::,:,,3 1 ----======== 10,035 57.:::JO l'!':)~::~~~:~v:.i =,:,:·~:·,l(:j:(':',l::i l~ 'trcln~:r;':~ttQU to Ccr1~_~!'cSs r'l~l"C'L 20, 1~72. To :)C tr(.:,~~L·~'~·Cu j"l·ur;, ";\<.1Ji"i:1.nistcring tLc ~blic DcLt,U Bt.:rc.J.u 0;" t;;L' l'1..;: .. J .i~_, ;)c:,;t, l·S.\:lt, B~~rCilU of t~le ~lint ,ani t~S~\'E", i'LS'I'C: .:...:~~~i: r(';'}l:;' tht! i'ublic J)'·'iJt ['lint ~ C:.;-jc,(.' "t' ._~.(! ,~('" ..'y. ' , - - 2"'? 1'('1 3-[ 't::>, t::._ to), t::.t G~2",8')1. 637.91fl 1, 13 ~, BY) 1,1:.:13, il5S '0 r,~ ,.:.:, 1'I,t:,: 23 cJ.I g,805 ----- ,;~. ','L\~ '" ___ 31 18 .J,.:l:Jtl-;-1 -182.0.'::(,.2 --r,-3 00 7c)2,;nO 1,lUS,SlD J :~:-;. C.::. S':.".:'C:: TU'i.\L" :~::;),\:'T;':::'\T :".::.,~'.j 4, 34Q.?? 3,000 ------------------ S~il:irics I I"~~~ i)!"c:;c!:;c.J. S.I 272:::..1 ~'::air.i'!;!; " I'!:'o~~csc.:!~/ 1l,GlW Office 0::- the Sccre:ti1ry Fc;.!crul Lv..'.,' :~71f O!"C c:~cnt 21 n:::c,\j, '(L":{ 1973 -=-___-=.1.073 il 1 ._ ~ ~. ...... :'i. t I jt J I Tl'_~I:src.:\ oJ.' li~lin~]ucnt ~:CC\.;til:L::'~ ~::::l l'~Lt·.!·;:s r:!:~(:t':'':l:: f~'c:: Co;.:>.li::::ce .:\r:~!"c!.)..:'i;::.~.:)!~, l;:::;. l~/ T:i.'~~r:sf~l' 0':' (lel~~I~CP.lC;lt t.:l~~>J~:::~~, \\: !"'C:~"'11'·"1S fu~cti:J:: L J ,\CT::;,Il\.~. 0':" $183,350, .~J \'~~' t!';:;:-i',;.' of ::-:1,3J,!,U30 "to C:c,--:.~JJ.ill~":C:, Ii\~ l·l'C:-;i t!1C (>.:'::.t J[ L.i.vir.',=: ~:(:::~~:il. 51 Pl.. . t.)l)u.s,·~l {)'J<..!.,_.;'-: ~~;r:(:l:(];: Cl:!.:S t!'dj;~·J.'it::cd to t:.);l,~~'C;.iS~ r\.~:.. rc>4 20,1]72. . GI Li:;dt,rtion em ..; :::~iJorul"y c::':)l.Cj!H;;:t shcLld be lr:er'cdseJ frG~ $47,808,000 to $SO,4~~.O~G. The Department of the TREASURY SHINGTON, D.C. 20220 TELEPHONE WD4-2041 FOR IMHEDIATE RELEASE May 5, 1972 U!HTED STATES FORMALLY NOTIFIES IMF OF DOLLAR DEVALUA'l'IOh Secretary of the Treasury John B. Connally today formally notified the Managing Director of the International Monetary Fund of the intention of the United States to change the par value of the dollar from one thirty-fifth to one thirty-eight of a fine troy ounce of gold. The change is to become effective at 12:00 noon, May 8, 1972. This notification by the Secretary of the Treasury represents the final official step by the United States to fulfill its agreement at the Smithsonian last December to devalue the dollar by raising the official price of gold from $35 to $38 an ounce. It follows Congressional action, completed today, on appropriation legislation enabling the United States to fulfill it so-called "maintenance of value" obligations resulting directly from the increase in the official price of gold. These obligations call for increases in U.S. subscriptions to the IMF and other international financial institutions proportionate to the gold price increase. The notification was authorized and directed by the "Par Value Modification Act" which was signed into law by President Nixon on March 31, 1972. Since the change is less than ten percent of the initial par value of the dollar, under the Articles of Agreement of the IMF, approval by the IMF is not required. The change in par value of the dollar in terms of gold will have no effect on the value of the dollar in foreign exchange markets. These markets have reflected, since the Smithsonian Agreement in December, the change in exchange rates agreed to and announced at that time. 000 C-305 The Department of the HINGTON. D.C. 20220 TREASURY TELEPHONE W04·2041 FOR RELEASE UPON DELIVERY STATEMENT OF THE HONORABLE EDWIN S. COHEN ASSISTANT SECRE~RY OF THE TREASURY FOR TAX POLICY BEFORE THE COMMITTEE ON WAYS AND MEANS UNITED STATES HOUSE OF REPRESEN~TIVES ON H. R. 12272 May 8, 1972 Mr. Chairman and Members of the Committee: I appreciate the opportunity of appearing before you in support of H. R. 12272, "The Individual Retirement Benefits Act of 1971." This bill embodies the President's proposals for reforming and expanding the private means for assuring retirement security for older Americans. We have prepared and will submit for the record a Technical Explanation of the bill together with certain proposed amendments of a technical nature. Briefly, H. R. 12272 would: (1) provide an income tax deduction for retirement savings by employees who are not covered by employer-financed plans or who participate in plans with inadequate benefits; C-304 - 2 (2) provide minimum standards for the vesting of benefits under qualified pension and profitsharing plans, and for participation in those plans; and (3) raise the limits on deductible contributions that may be made to retirement plans established by self-employed individuals. The private pension system is a vital supplement to our social security and old age assistance programs. President said in his message of December 8, 1971 As the to the Congress transmitting these proposals: "The achievements of our private pension plans are a tribute to the cooperation and creativeness of American labor and management. Over 4 million retired workers are now receiving benefits from private plans and these benefits total about $7 billion annually. More than $140 billion has been accumulated by these plans to pay retirement benefits in the future. But there is still much room for expanding and strengthening our private pension system." 1. Employee Deductions for Voluntary Retirement Savings. About half of the full-time private non-agricultural adult work force is covered by existing retirement plans, and the average annual private pension benefit is about $1,600. Unfortunately, the other half is not covered today, and many - 3 - of those covered do not have sufficient retirement benefits. We believe it is of prime importance to offer a remedy for the millions of employees who are not covered or are inadequately covered by employer plans. The bill before you would do this by providing income tax benefits to encourage and assist these employees to save for retirement. Under present law, employer contributions on behalf of an employee made to a private qualified retirement plan, and the investment earnings on these. contributions, are generally not subject to tax until paid to the employee or his beneficiaries. The tax is deferred even if the employee's rights to receive these amounts become nonforfeitable before the payment is made. Employee contributions to employer plans are currently subject to tax as made (that is, no income tax deduction is allowed), but tax on the investment earnings on such contributions is deferred. Yet amounts saved independent- ly for retirement by an individual employee, as well as investment earnings on those savings, are taxed currently as they are earned, for no deduction is allowed for the amount set aside for retirement savings and the investment earnings are taxed as earned. - 4 As a consequence, present law discriminates substantially against those individuals who do not participate in employer-sponsored qualified plans or who participate in plans providing small benefits. Under the bill before you, employees not covered by employer plans would be allowed to establish their own qualified retirement plans and take an income tax deduction for contributions up to 20 percent of their earned income that does not exceed $7,500. would be $1,500. Thus the maximum deduction As is the case under existing law for qualified pension plans, investment earnings on these contributions would be exempt from tax. Amounts distributed from the plan after retirement would be treated as income to the employee at that time; the tax is usually less after retirement because income is reduced and higher exemptions are accorded to persons age 65 and over. There would be restrictions against early withdrawals, as is the case under existing law for self-employed individuals, and penalties for violation of the restrictions, to insure that the contributions are used to provide retirement income. The proposal would extend also to employees who are covered by employer-financed plans to assist those employees - 5 if the employer contributions are not adequate to provide sufficient retirement earnings. To accomplish this, the limit on the amount deductible by the employee would be reduced to reflect pension plan contributions made by the employer. For this purpose, the employee can assume that employer contributions amount to 7 percent of his earnings, but he would be permitted to show, under regulations that would be provided, that the employer contributions were in fact a lesser amount, if such were the case. In the case of employees who are not covered by social security (such as certain government employees) a deduction would be allowed for contributions only to the extent that they exceed the assumed amount of social security tax that would be imposed in employment covered by social security. Individuals would be permitted to invest their retirement savings in a broad range of assets including stocks, corporate or government bonds, savings accounts, mutual fund shares, annuity and other life insurance contracts. Partic- ipants in qualified employer-sponsored retirement plans could make their investments for retirement savings in contributions to these plans. To permit transfers of retire- ment savings from one type of investment to another, no - 6 - penalties or other tax consequences would result if the amount withdrawn were redeposited in another qualified plan within 60 days. The proposed limitations on the amount of deductible contributions direct the tax benefit primarily to low and moderate income workers. Yet the permitted contributions would provide substantial amounts of retirement income. For example, contributions of $1,500 annually beginning at age 40 would provide for males at age 65, assuming a 5 percent investment return, a retirement income of $7,500 to supplement social security benefits. (See Table I attached.) The permitted contribution level is not so high, however, as to undermine the incentive in existing law for the creation and maintenance of employer-financed retirement plans that cannot discriminate in favor of employees who are officers, shareholders, or supervisory or highly compensated employees. The employer-established nondiscrim- inatory plan is the heart of the present private pension system and should be maintained. We estimate that approximately 14 million individuals will be eligible to benefit from this proposal for deductible - 7 employee contributions. The revenue cost of the proposal is estimated at $300 million in the first year of operation, rising to an estimated $480 million in the fourth year. It is estimated that 70 percent of the tax benefits will go to persons with incomes below $15,000. 2. Vesting Requirements and the Proposed Rule of 50. Under existing law many employees now covered by pension plans and expecting retirement benefits could lose these benefits if they were separated from their jobs, either voluntarily or involuntarily, prior to retirement. The loss of expected retirement benefits accompanying termination of employment can represent a grievous personal tragedy, especially in the case of older workers. Vesting -- the right to receive retirement benefits even though the employee terminates employment before .retirement -does not now exist for many plan participants. Under present law, except in certain plans created by self-employed persons, vesting is not required except to the extent it is necessary to prevent discrimination in favor of officers, stockholders, and supervisory and highly compensated employees. Almost 70 percent of participants in all corporate pension plans today are not vested. This percentage, of course, - 8 - includes many young employees with short service. Many of them will remain with their current employers and later obtain vested rights. Many of them, because they are young, will have opportunity to obtain vested rights if they move on to other employment and participate in other pension plans. We should look more properly at older workers, for whom the matter of retirement security is essential. With respect to age of employee.s participating in retirement plans today, we find that -40 percent of participants age 45 or more are not vested; 34 percent of participants age 50 or more are not vested; 26 percent of participants age 55 or more are not vested. This degree of forfeitable benefits among older workers is critical. If these older workers terminate employment, voluntarily or involuntarily, they will not have the same opportunities to obtain vested rights as younger workers. With respect to years of service, we find that 13 percent of participants are in plans which provide no vesting - 9 - whatsoever before retirement. More than half of pension plan participants are required both (a) to have at least 15 years of service and (b) to have reached age 45 before at least 50 percent vesting occurso We have studied in depth many different possibilities as to vesting requirements and have developed and recommend to you for adoption a standard known as the "Rule of 50." Under this rule an employee's benefits must be at least 50 percent vested when the sum of his age and years of plan participation equals 50. In the following· five years, the percentage vested would have to increase ratably until the end of the five year period after he has satisfied the Rule of 50. at which time his benefits would be fully vested. As an illustration, a worker who begins to participate in a plan at age 30 would became 50 percent vested when he reached age 40, because his then age (40) plus years of participation (10) would equal 50; and his benefits would be fully vested five years later when he reached age 45. Similarly, a worker who begins to participate at age 40 would become 50 percent vested at age 45 (age 45 plus five years' service equals 50) and would become fully vested five years later at age 50. (See Table II attached.) - 10 - To complement the vesting proposal, the bill provides minimum service and age standards for eligibility to participa.te in a qualified plan. An employer would be permitted to exclude from plan participation an employee who has less than three years' service or who has not attained age 30, but he could not impose any stricter requirement for minimum age or minimum years of service. In addition, an employer would not be required to cover an employee who first becomes eligible to participate after he has attained an age within five years of normal retirement age under the plan. Thus, if normal retirement age is 65, employees who are older than 60 when they first satisfy the other eligibility requirements would not have to be allowed to participate. The "Rule of 50" would be a major step in assuring pension benefits, particularly among older workers. Overall, it would raise the number of participants with vested rights from 31 percent of all participants to 46 percent of all participants. But more important, among participants age 45 and over, the percentage with vesting would rise from 60 percent to 92 percent. Thus, the "Rule of 50" would assure vesting of retire- ment benefit rights for virtually all older plan participants. - 11 - Because it concentrates particularly on the vesting problem of the older employee, the cost of the Rule of 50 is modest. We estimate it would raise overall pension costs by about 0.3 percent of covered payroll. For plans currently providing no vesting before retirement, we estimate it would increase plan costs by about 0.4 percent of covered payroll. The limited cost involved in this solution to the vesting problem is important because to the extent employer contributions must be allocated to the cost of vesting, the level of retirement income that can be provided under the plan will be reduced for those who remain employed until they retire. A balance must be struck between the various considerations. We believe the Rule of 50, which protects primarily the older worker without increasing cost unduly, strikes balance. t~e proper Other vesting proposals that have been advanced and that we have studied carefully are more costly and do not concentrate as well on the problem of the older worker. (See Tables III and IV attached.) We have carefully considered the question whether the Rule of 50 could seriously affect the hiring of older employees and have concluded that it would not do so. We find that the - 12 discounted single-premium cost of providing $100 of retirement income for a worker age 55 is $570 if no vesting is provided, and the cost rises only $15 to $585 if the Rule of 50 is operative. The increase is greater for younger workers; for example, at age 35 the cost is $125 without vesting and $155 under the Rule of 50. The reason for this is that the employee turnover rate is considerably higher at the younger age levels than at the older. (See Table V attached.) The proposed Rule of 50 would apply fully to all plans established after November 30, 1971. But for plans existing on that date the rule generally would apply to benefits accrued beginning in 1974, or upon expiration of current collective bargaining agreements. However, plan participation prior to 1974 would be considered in meeting the age and participation test. Vesting in Plans of the Self-employed. Under present law a plan benefitting a self-employed person must include any employee with at least three years of service, and his rights must be fully vested. The vesting and participation rules result in vested rights for many young workers who have short periods of service. Their benefits are generally small, and - 13 - the administrative costs of handling these cases are relatively high. We recommend some relaxation of these requirements. The proposed legislation would provide that in selfemployed retirement plans an employee would become 50 percent vested when he qualified under a "Rule of 35," i.e., when his age plus years of participation total 35. As in the case of the Rule of 50, his vesting would increase to 100 percent ratably over the following five years. An employee could be required to have at least one year's service before being eligible to participate in the plan, or two years' service if he is between age 30 and age 35, or three years' service if he is under age 30. Thus, under present law, in the case of plans established by self-employed persons, an employee hired at age 20 must begin to participate and become fully vested at 23. Under the proposed legislation, he must begin to participate at 23, must become 50 percent vested at 29, and fully vested at 34. An employee hired at 35 would become 50 percent vested at 36, when he begins to participate, and fully vested at 41. Vesting and Eligibility in Plans of Closely-Held Firms. There is now uncertainty and variation in administrative practice - 14 - with respect to vesting and eligibility requirements in determining whether a plan of a closely-held firm satisfies the nondiscrimination requirements of present law. The bill would authorize the Treasury to set forth in regulations consistent rules regarding the circumstances in which shorter service requirements and more rapid vesting would be required. These regulatory requirements could not be more restrictive than the statutory requirements that would be imposed on plans benefitting self-employed persons who are owner-employees. 3. Increase in Contribution Limits for the Self-emploxed. Present law limits contributions to qualified pension and profit-sharing plans made by self-employed individuals. The self-employed are subject to a limit of the lesser of 10 percent of earned income or $2,500 on deductions for retirement savings. No such limits apply to employer contributions on behalf of corporate employees. As a consequence, corporate executives and corporate-owner managers have substantial tax benefits as compared with self-employed persons. Yet corporate owner-managers and self-employed typically perform the same economic function. This and other disparities have discouraged i I the formation of self-employed plans and encouraged many se~ employed individuals to incorporate their businesses simply - 15 to avoid these limitations. To reduce this inequity, the bill would raise the deduction limit for the self-employed to 15 percent of the first $50,000 of earned income, a maximum deduction of $7,500. The limitation of section l379(b) on excludable contributions on behalf of shareholder-employees of subchapter S corporations would also be increased to this level. We estimate that this proposal would involve a revenue cost of $55 million in the first year of operation, rising to $110 million in subsequent years. The proposal would reduce considerably the tax motivation to incorporate. In addition, it would promote the growth of self-employed plans and have a beneficial impact on the coverage of employees in unincorporated enterprise and on their level of benefits. 4. Plan Terminations. The bill does not deal with the issue of loss of employee benefits due to plan terminations. The Administration recog- nizes the seriousness of the possibility that an employee can lose part or all of his retirement benefits -- even vested benefits -- as a result of a plan termination. As the President - 16 - stated in his message of December 8, 1971, "even one worker whose retirement security is destroyed by the termination of a plan is one too many." However, there is not sufficient information available at present to formulate appropriate Federal policy in this area. Plan terminations do not necessarily result in benefit losses. We do not have sufficient data as to how many plans terminate with benefit losses, nor in what circumstances these terminations occur. Nor do we know the number of workers who are affected and the degree to which they are harmed by plan terminations. Without this information, no reasonable basis exists for deciding Federal policy on these issues. To meet this need for information, the President stated in his message of December 8, 1971 that he has directed the Departments of Treasury and Labor to make a thorough study of the nature and extent of benefit losses resulting from plan terminations and to complete this study within one year. The study has been underway since the beginning of January. Information from the study will be used in designing the specific legislative proposals that may be required to resolve this problem. - 17 - 5. Employee Benefits Protection Act. We call to the attention of the Committee that in March 1970 the President also sent to the Congress a recommendation for enactment of the Employee Benefits Protection Act. That legislation would provide important necessary rules with respect to nontax matters relating to the responsibilities of persons who adminster pension funds. It would broaden reporting and disclosure requirements, and strengthen investigation and enforcement practices. Although that legis- lation is not pending before this Committee, we trust it will soon receive the attention of the Congress and become law. 000 Table I EMPLOYEE DEDUCTION FOR RETIREMENT SAVINGS Annual Pensions That Can Be Financed By $1500 Contributions Begun At Different Ages The table below shows the annual pensions beginning at age 65 that would be financed by annual contributions of $1500 beginning at ages 40 through 60. Age when $1~500 Contributions Begin 40 45 50 55 60 * Annual Pension Beginning at Age 65~'( $7,500 5,200 3,375 1,950 900 Pensions are straight-life pensions for males payable in monthly installments. A 5 percent interest rate is assumed. Table II VESTING STANDARD RULE OF 50 ··50% VESTED WHEN AGE PLUS YEARS OF PARTICIPA TlOH IN A PLAN EQUAL 50; 10% MORE EACH YEAR THEREAFTER. ··PARTICIPATION flWST START WITHIN 3 YEARS AFTER HIRlr~G, EFFECT OF RULE: A \n'O~,KtR ViHO BtGIHS p~RrICI?ATIGH AT AGE VESTS 50~~AT A~£ AFHR PARTICI?ATISG FOR : AND IS 100%VESTED AT AGE: AfTER P~P.TIC!?~T'ISG FOR 30 40 10 YEARS 45 15 YEARS 40 45 5 YEARS 50 10 YEARS 50 50 o YEARS 55 5 YEARS All THOSE 30 OR OVER MUST BE ELIGIBLE TO PARTICIPATE Table III c 0 r\~ PAR ISO N 0 F B Ef\! EFI T5 FRO f\' V EST IN G (5 0% VEST11~ GOR BEITER) (MIL LI 011 S 0f PER SON S) CURRENT SITUATIOH 10 YEAR SERVICE RULE OF 50 PERCENT VESTED PERmIT VESTEO PEECENT VESTED 6.3 1.6 3.2 1.6 30 . 40 5.3 13.2 35.8 15.1 40 . 45 3.0 36.7 60.0 55.7 AGE TOTAL PARTICIPANTS UNDER 30 45 . 50 2.9 44.8 65.5 50 . 55 2.5 56.0 76.0 ·· · ···· · 75.8 100.0 ~ I 55 . EO 2.0 70.0 85.0 1CO.0! 60 AHD OVER 1.5 so.o 86.1 1OJ.O TOTAl 23.5 ~o J ,. .0 ·· • 45.5 .. r9 '1J. I Table IV CO!\1PARISON OF VESTING COSTS [CURRENT SERVICE ONLY) All PRIVA IE PENSION PLANS RULE OF 50 10 YEAR SERVICE VESTING AT 10~6PER YEAR BEGINNiNG YEAR 6 PERCENTAGE INCREASE OF PLAN COSTS 5.0 8.6 11.1 PERCENTAGE INCREASE OF PAYROLL COSTS .3 .5 .6 1.5 2.5 3.2 PERCENTAGE INCREASE OF PLAN COSTS 8 14 18 PERCENTAGE INCREASE OF PAYROLL COSTS 0.4 0.7 0.9 1.8 3.2 4.1 INCREASEO COSTS IN CENTS PER HOUR PER EMPLOYEE )RIVAH PENSION PLANS WITH NO VESTING INCREASED COSTS IN CENTS PER HOUR PER EMPLOYEE - ----- --- • EFFECT OF RULE OF 50 ON HIRING OF OLDER Er;~PlOYEES 1. EM PlOYER'S DISCO UNUD COST OF PROMISIU G $100 PENSION AT AGE 65 TO AN EM PlOYH AGE WITHOUT VESTING UHDER RULE OF 50 25 $20 $30 35 $125 $155 45 $310 $340 55 $510 $585 ·ASSUMES STRAIGHT LIFE MHWITY FOR MALES, WITH ASSETS HlVESTED AT 5%. ·ASSUMES TYPICAL EMPLOYEE TURrlOVER RATE [FOR EXAMPLE, 85% OF EMPLOYEES AGE 25 WILL LEAVE THEIR PRESENf EMPLOYMENT BEFORE AGE 65; OBlY 3% OF THOSE AGE 55 WilL LEAVLj 2. EMPLOYEES HIRED WITHIN 5 YEARS OF RETIRH1ENT NEED NOT BE VESTED 3. PARTICIPATlO~l NEED NOT BEGIN UnTiL 3 YEARS AFTER HInIiIG The Department of the TREASURY TELEPHONE W04-2041 ,HINGTON. D.C. 20220 rENTION: FINANCIAL EDITOR { RELEASE 6:30 P.M. May 8, 1972 RESULTS OF TRE.ASURY' S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury .ls, one series to be an additional issue of the bills dated February 10, 1972 , and ~ other series to be'dated M~ 11, 1972 ,which were offered on M~ 2, 1972, 'e opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000, thereabouts, of 91-day bills and for $1,800,000,000, or thereabouts, of 182-day .ls. The details of the two series are as follows: rGE OF ACCEPTED lPETITIVE BIDS: High Low Average 91-day Treasury bills maturing August 10, 1972 Approx. Equiv. Annual Rate Price 99.139 99.115 99.125 182-day Treasury bills maturing November 9, 1972 Approx. Equi v . Price Annual Rate 3.406% 3.501% 3.462% 98.031 98.004 98.025 3.895% 3.948% 3.907% 73%of the amount of 91-day bills bid for at the low price was accepted 61%of the amount of 182-day bills bid for at the low price was accepted !u, TENDERS APPLIED FOR AND ACCEP'fED BY FEDERAL RESERVE DISTRICTS: istrict )ston =w York liladelphia Leveland Lchmond ~lanta lie ago ~. Louis .nneapo1is I.Ilsas City i.llas i.Il Francisco TOTALS AcceEted For 7,260,000 22,260,000 $ 1,952,575,000 3,086,075,000 11,565 ,000 11,565 ,000 17,970,000 18,035,000 8,110,000 8,110,000 22,525,000 38,590 ,000 142,515,000 291,485,000 41,465,000 50,005,000 24,855,000 31,945,000 19,745,000 30,945,000 13,130,000 27 ,4e>5 ,000 99 2 915 2°°0 38 2 64°2°°0 ~lied $ 3,716,395 ,000 $ 2,300 ,355 ,OOO~ ApE1ied For 18,350,000 2,544,840,000 26,250,000 8,040,000 11,050,000 36,555,000 327,945,000 27,645,000 28,825,000 23,770,000 21,745,000 104 266°2°° 0 AcceEted $ 3,350,000 1,465 ,675 ,000 6,250,000 7,890,000 3,660,000 $3,179,675,000 $1,800,160,000 r 11,165 ,obo 223,255,000 16,755,000 20,435,000 7,770,000 5,545,000 28 241°2°° 0 EJ ... nc1udes $ 168,745 ,000 noncompetitive tenders accepted at the average price of 99.125 ncludes $ 72,870,000 noncompetitive tenders accepted at the average price of 98.025 hese rates are on a bank discount basis. The equivalent coupon issue yields are )4 % for the 91-day bills, and 4.04 %for the 182-day bills. The Department of the S:HINGTON. D.C. 20220 TREASURY TElEPHONE W04-2041 FOR RELEASE AT 9:30 MDT REMARKS BY THE HONORABLE JACK F. BENNETT DEPUTY UNDER SECRETARY FOR MONETARY AFFAIRS BEFORE THE 50TH ANNUAL CONVENTION BA~KERS ASSOCIATION FOR FOREIGN TRADE THE BROADMOOR HOTEL COLORADO SPRINGS, COLORADO MONDAY, MAY 8, 1972 George, I appreciate your kind woeds and the warm reception which all of you have given me here at your annual meeting. Back in the days when I was dealing with some of you on behalf of a different institution, I formed the conclusion that it is generally more productive to deal with international bankers, not one at a time, but simultaneously with a group large enough to generate some competition. You can imagine, then, my feeling of good fortune in being able to deal at one time with such a large and influential group today. Several of you have expressed puzzlement, however, as to just what a Deputy Under Secretary for MOnetary Affairs does. I can tell you. He does what a hard-working but over-worked boss finds at the last minute he just can't do. Several weeks ago I learned at 10:02 a.m. that I had to give an hour's speech to a visiting group of California bankers starting at 10:00 a.m. Three weeks ago I learned on Friday afternoon that I was leaving Sunday morning for the UNCTAD conference in Chile. Two weeks ago I learned on Wednesday afternoon that I was leaving Wednesday afternoon for the Economic Policy Committee meeting of the OECD in Paris. And last Thursday I learned that I would have the opportunity to visit Colorado on the weekend. But the last trip was different; I knew when I got there I'd be among friends. You should know, however, that Paul Vo1cker reached with extreme reluctance the conclusion that he would not be able to be with you. Among many other duties, Paul is particularly involved these days in attempting to reach international agreement on the forum and procedures for the forthcoming negotiations on the basic rules of the world's international financial system C-3Q - 2 - representing the less developed countries; he has travelled to Tokyo; he has met in Europe with the members of the Working Party 3; there have been numerous bilateral discussions; and discussions are continuing this week. The resul t is that there is today cons iderable confidence that we shall soon have agreement on a forum which meets the four criteria which Paul suggested when he undertook the project. These criteria were, firstly, fairness, which means in particular adequate representation for the less developed countries and those developed countries, such as Australia, which are not represented in the Group of Ten. Secondly, was manageable size for the negotiating body. Thirdly, was a broad mandate, one not limited narrowly just to monetary techniques nor too involved in specifics, s~ch,fo~ example, as negotiations of the tariffs on particular products; rather, a mandate covering the inter-related complex of general international monetary and trade rules. And the fourth criteria was "fresh air", meaning that provisions should be made to give the negotiating group access to expert staff assistance from a variety of sources. A consensus now seems likely on placing primary negotiating responsibility on a group of 20 ministers representing constituencies such as those now represented by the 20 Executive Directors in the IMF. The existence of this group would not mean, however, that other groups could not also make valuable contributions to thinking on reform. We have been spending a lot of time on the prospective shape of the table, but we make no apology for that. The forthcoming negotiations are important. The system which results may be with us for quite a few years, as the pre-August 15 Bretton Woods s ys tern was __ Yet I can assure you that The Wall Street Journal was very wid of the mark in its editorial last Wednesday suggesting that we are so pre-occupied with procedural matters that we are giving no thought to the substance of the negotiations. I was particularly disappointed in comment since I know that I have for several months been spending a good deal of my time in the work of an inter-agency committee charged with commissioning and reviewing studies on the basic aspects and fundamental alternatives for the future international financial system. That committee has met frequently; in fact, it has two meetings scheduled this week. In those meetings we are attempting to hammer out statements on areas of agreement and disagreement for consideration by our high-level - 3 - bosses. Incidentally, the reporters often enjoy referring to my immediate boss as a high, that is, 6' 7", Treasury source. As Secretary Connally has stated, however, there is not now a detailed "American Plan" which we are about to unveil to the world. This is the case, I think, for a number of reasons. Firstly, as I have already indicated, we are trying to do a careful job of preparation and not to jump over-hastily to conclusions. Secondly, there has been a lot to be said for letting things settle down a bit after the excitement of the last half of last year in the international monetary area. And, thirdly, and most importantly, it would be unwise to try to settle on the details of a system until some clarification can be achieved on the basic premises on which the world's trade and investment transactions will be based in the future. One fundamental question is whether· major foreign governments intend in the future to try to maintain strong and systematic subsidies for their producers of commodity exports and import substitutes at the expense of their consumers and other producers. One not unknown approach to this objective would be for a government to build up large foreign exchange reserves, to seek to hold on to an under-stated official value for its currency, and to maintain a variety of other direct measures to benefit exports and to retard imports. A world in which such behavior were widespread would obviously be one in which the world could derive far less than the maximum available benefit from international trade. And clearly it would not be a world in which the U.S. could agree to a.monetary system based on a confident expectation that the present large holdings of dollar-denominated exchange reserves would be worked off in a reasonable period through U.S. export surpluses. Yet improvement of the U.S. trade position must be a fundamental objective of U.S. policy in view of the fact that between 1964 and 1971 our annual trade balance worsened by $9 billion. For this reason, we must also be concerned about a second fundamental question. Do major foreign governments intend as a matter of continuing policy to buttress export-subsidizing undervalued exchange rates -- and to protect their domestic lenders at the expense of their domestic borrowers and producers -- by erecting and maintaining barriers against borrowing and raising capital from abroad? Such actions are, of course, sometimes put forward as being necessary to avoid over-heating of a domestic economy, but, when I hear such arguments, I can't forget that demand pressure on an economy could just as well be reduced by discontinuance of export subsidies. We in the U.S. may have particular reason to be concerned about such capital import contc-1a ~road over the long-term since it may be that the patience - 4 and the various services that accompany such transactions will be among our most feasible exports. Yet foreign governments frequently try to supplement their capital import controls by trying to talk us into tightening our remaining capital export controls. Just on Friday I noted in the news ticker that the head of a European central bank was advocating a significant tightening by us, I have not yet seen the full text of his remarks, but from past experience, I am led to wonder whether at the same time he also called for a reduction in the controls, often discriminatory agairut the dollar, which are maintained in some countries against the outflow of investment. After all, imposition of capital controls here or removal of the controls there tend to have similar effects in terms of foreign exchange markets. A third fundamental issue is whether we shall have a world characterized by MFN, by most-favored-nation trade rules, or by discrimination systematically erected by regional blocs. It would be possible to design agreements for a nation to join -- or become associated with -- a regional bloc without reducing the totality of its productive trade with the remainder of the world. Yet it is not blindingly obvious that that is the course being planned in important instances in the world today. In these circumstances should we be planning a future international economic system based on MFN behavior by the United States, or would such a system leave many countries around the world under irresistible pressure to enter into reciprocal preference ~greements with others on the assumption that there would be no counter-vailing danger to their exports to the United States? A fourth fundamental question which must be considered is the probable extent to which governments in the future will be willing to change their choice of domestic economic policies in an effort to try to uphold rigidity for the foreign exchange value of their currencies. It has often been hoped that external "discipline" would restrain profligate domestic policies, but in many cases the practical effect may merely have been controls on the external symptoms of the domestic policies rather than real changes in the polic ies. M'Jreover, given the demonstrations all around the world of the intractable nature of the task of choosing the right mix of domestic policies simultaneously to avoid inflation and unemploymeol it is possible that governments in the future -- whatever their present expectations -- will decide when the time comes that they have enough problems just trying to choose the right policy mix for I - 5 domestic objectives and that they have no time to spare for efforts at external stability. In considering these various fundamental issues we must be realistic, lest we develop a future system which will collapse in short order with great damage to the world economy. We must be realistic about ourselves as well as about others; we must not justify the old accusation that we judge others by what they do and judge ourselves by what we say. We must recognize that the issues I have listed are not narrowly monetary but cut across the whole spectrum of international economic relations. Under the circumstances, we are consciously refraining from trying to settle on detailed mechanics before we settle on basic principles. There is thus a lot more I can't tell you than there is I can tell you about what the eventual specific U.S. position will be. A few aspects of the Administrations thinking have, however, already been made clear. One is that gold is a potential disruptive element and should be phased out of its central role in the international monetary system. This remains our position despite the action which becomes effective in about a half hour from now to change the price at which we don't sell gold to $38 an ounce. I can also assure you that there was no truth in last week's rumors that the U.S. was contemplating negotiating with the Soviet Union for a $55 gold price. In view of the lack of foundation for the rumor, we can only surmise that its origin was self-serving. Another conclusion we have reached is that the future international monetary system must somehow insure greater flexibility than there has been in the past for exchange rates to adjust promptly to differential rates of growth in productivity and inflation among nations. Finally, it seems quite probable to us that the future system must be able to provide international pressure on a transgressing nation, not only in the case when it is attempting to prevent an appropriate decline in the market value of its currency, but also in the event of- other forms of internationally anti-social behavior. That's as far as I can go in summarizing agreed Administration thinking for you, but since I'm so far away today from high Treasury officials, perhaps I should reveal a bit more of Bennett thinking. I can take inspiration from the bravery of Ed Cohen, Assistant Secretary for Tax Policy. About ten days ago he was only as far away as Boston and he revealed the Cohen tax reform plan. He proposed lower taxes on everyone under 5' 7". The Bennett plan would call for all countries with allegedly excess holdings of dollar reserves to put 1 percent of their excess in a pot and then leave to me the details of proving -- with the help of my large family that those reserves are in fact fully convertible into useful U.S. source goods and services. I realize that the Bennett plan may seem contentious to some, but I think we must realize that, while ending the U S. payments deficit is fundamentally i~ everyone's interest, it is bound to be a contentious process o 0 There has, for example, been ill feeling in some places because there has not been the massive reflow of private capital which some had predicted after the Smithsonian settlement o In fact, over the period of almost five months since December 18 there has probably been an increase of over a billion dollars in foreign official holdings of dollar reserve assets o But that increase in official holdings is probably substantially less than the continuing deficit during that period in the basic U.So current and long-term investment accountso Over the whole period, therefore, there has apparently been a significant reflow of short-term private capital to the UoS. And this would be particularly true over the last seven weeks when foreign holders on balance probably reduced their dollar holdingso As you well know, the exchange markets have been calm during that period despite the fact that we had to report that our merchandise trade deficit, which had been running about $300 million a month, seasonally adjusted, grew to about $600 million in February and again in March o On the basis of their experience our British colleagues tell us that after the devaluation of the dollar in the market place last fall we should expect the trade statistics to exhibit a "J" shape. Well, we've seen the down stroke and maybe the bottoming out. We are awaiting eagerly the first signs of the upstroke! Meanwhile, we have taken care not to rock the boato Sometimes we have sensed a little inconsistency in the advice of bankers who have come around to urge us not to be nasty to foreign monetary authorities, and then, as they were leaving, suggested by the way that we should promptly remove our capital export controlso In the event I think I can safely say that, despite our objective of getting rid of those controls, none of you is likely to accuse us of having displayed undue haste in phasing out those alphabetical burdens, the VFCR, the FDIC, and the IETo In judging the market situation today, we take some comfort from the consensus forecast of official augurs both in Washington and abroad that the U.S. economy is likely to have the lowest rate of price inflation and the most substantial percentage rebound in economic activity of any major economy in 1972 In the present 0 - 7 - situation we have no qualms whatsoever about the durability of the Smithsonian structure of exchange rates in the coming months o Whether they will turn out to be "museum pieces" which last for years is another question, one to which only considerable time can provide the verdict o Meanwhile, we need to design a system which will function well whatever the verdict eventually is. And meanwhile, we need to work on that trade deficito As most of you know, one aspect of that effort in which the Treasury has been particularly involved was the Administration proposal, enacted by the Congress late last year, to authorize DISC's, Domestic International Sales Corporations, to remove a competitive disadvantage of U.S. exporters Today, four months after the DISC provisions became effective, over 1700 DISC's have been formed, and more are expected o 0 While the DISC is basically simple in concept, its provisions have had to take into account the great variety of ways in which business transactions are conducted and the new provisions had to be integrated into the already complex Internal Revenue Codeo We believe that the Treasury has already gone a long way to guide taxpayers in the use of DISC's by issuing a handbook in January and an important Revenue Ruling in March. This material, as well as detailed guidance on other questions which have been raised by taxpayers, will be set forth in regulations, the first set of which is expected to appear in proposed form in the Federal Register this week. In addition, procedures have been established so that the ruling process can proceed even prior to the final promulgation of regulations, and rulings are being issued. In this connection, I would like to comment specifically on one aspect which may be of interest to some of you. The legislation states that banks may not form DISC's. The question has arisen whether bank subsidiaries may form DISC's. In our view it would be permissible for a bank subsidiary to utilize a DISC for leasing or other qualified export activities and for the DISC to invest a portion of the earnings from such activity into qualified assets. But the Treasury does not believe it would be appropriate for bank subsidiaries, other financial institutions, or even non-financial organizations to form DISC's solely as a vehicle for investment in Eximbank obligations, obligations guaranteed by the Eximbank or FCIA, or obligations issued by PEFCOo If it should prove necessary, we would not hesitate to recommend legislation to this effect. It is Ol.lr belief that the legislative intent was that such investment opportunities should be available as an outlet for deferred export - 8 - earnings and for any interest earned on them o Besides, we don't need any special tax provisions in order to find a market for obligations issued or guaranteed by the U.S o Government o This fact will, I hope, be made even more obvious in the near future by enactment of the Administration proposal for a Federal Financing Bank which would be authorized, but not obligated, to purchase any obligation issued or guaranteed by a federal agency. The Bank, in turn, would be financed by issuance of securities comparable to those regularly used by the Treasury in financing the national debto Hearings on the Bank are scheduled for a week from today in the Senate Banking Committee, and we are hopeful that a representative of the UoS. banking community will be there, to support the legislation. Before I conclude, I would like to invite you to pass on to us in Washington any thoughts you have on steps we should take to facilitate the export type earnings of U.So banks through provision of services to foreigners and on international transactions. We should have your advice as we conduct the international negotiations which are about to begin. We believe those negotiations will play an important role in the total program to create a productive, non-inflationary U.S. economy at work in a world which offers to the UoS. a fair share of the great benefits available from mutually advantageous participation in international trade and investment o With that object always in mind, I look forward to listening to your discussions today in order to be able to take back to Washington all the advice I can on how we can get from here to there o Thank you! 000 The Department 01 the TREASURY TELEPHONE W04-2041 ASHINGTON, D.C. 20220 MEMORANDUM FOR THE PRESS: May 9, 1972 The attached notice announcing a technical study in the anti-dumping area was published in the Federal Register for May 5th, 1972. 000 Attachment Proposed Rule Making DEPARTMENT OF THE TREASURY Buteau of Cus~m. I 19 Cfa Part 1'53 J ANTIDUMPING; FAIR YAWE DETERMINATIONS a.low Cost of Production; SolidtaHon of View. Saf.. Notice is hereby given that the Treasury Department Is tmdertaldng a review pi the extent to which price information i'elatlng to sales below coat of production IJl&7 be used in determining "fair value" within the meaning of section 201 (a) of tIw Antidumping Act. 1921. as amended (1&U.8.C.160(a) ). Pair value determinations result from a comparison of the price of merchandise to the United States with the price of such or similar merchandise in the home market (1153.3. CUstoms regulations; 19 CPR 153.3). or to a third country (§ 153.4. Customs regulations; 19 CPR 153.4) ot with the constructed value of the merchandise (1153.5. Customs regulations; 19 CPR 153.5). as applicable. Information before the Bureau of Customs in resPect of pending antidumping investigations indicates the possibility that foreign merchandise is being. or is likely to be. sold to the United States. in the home market. and for exportation to COtmtries other than the United States at prices below cost of productiOn. Interested parties accordingly are invited to submit written comments as to whether. and under what circumstances. sales below cost of production in the home market or for exportation to countries other than the United States may be disregarded in the ascertainment of "fair value" "within the meaning of section 201 (a) of the Antidumping Act and whether. if such sales are disregarded. resort to "constructed value" (section 206 of the Antidumping Act) would be appropriate. ConSideration will be given to all rele.vant data. views. or arguments which are submitted in writing to the Commissioner of Customs. 2100 K Street NW .• Wash1ngtoR, DC 20226. not later than 30 days from the date of publication of this notiCe in the FEDERAL REGISTER. Written niaterial or suggestions submitted will be available for public inspection in accordance with 1103.3(b). Customs regulations <19 CPR 103.3 (b». at the Bu· reau of Customs. Wasb1Jlrton. D.C. . [SEAL] VaNOK D. ACRD. Commissioner 0/ Customs. APproved: May 3.19'12. EuODB T. RossIDa. AuiBta"t Secretar7/ 0/ the Treasurt/. [PB Doc.72-6995 Pllecl5-4-7:1;9:40 am] The Department of the ~GTON. D.C. 20220 TRfASURY TELEPHONE WD4-2041 FOR INMEDIATE RELEASE May 9, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of .$ 4,100,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing May 18, 1972, in the amount of $4,211,555,000, as follows: 91 -day bills (to maturity date) to be issued May 18, 1972, in the amount of $ 2,300,000,000, or thereabouts, representing an additional amount of bills dated February 17,1972, and to mature August 17, 1972 (CUSIP No. 912793 NZ5),originally issued in the amount of $1,800,540,000, the additional and' original bills to be freely interchangeable. . 182- day bills, for $ 1,800,000,000, or thereabouts, to be dated May 18, 1972, and to mature November 16, 1972 (CUSIP No. 912793 PM2). The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at maturity their face amount will be payable without interest. They will be issued in bearer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the closing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, May 15, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must ~e for a minimum'of $10,000. Tenders over $10,000 must be in mu1tip'les of $5,000. In the case of competitive tenders the price offered must be expressed on the basis of 100, with not moce than three decimals, e.g., 99.925. Fractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions generally may submit tenders for accoant of customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to - 2 - submit tenders except for their Qwn account. Tenders will be received without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or reiect any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimals) of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on May 18, 1972, in cash or other immediately available funds or in a like face amount of Treasury bills maturing May 18, 1972. Cash and exchange tenders will receive equal treatment. Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills. Under Sections 454 (b) and 1221 (5) of the Internal Revenue C~e of 1954 the amount of discount at which bills issued hereunder are sold is considered to pccrue when the bills are sold, redeemed or otherwise disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price pa~ for the bills, whether on original issue or on subsequent purchase, a~ the amount actually received either upon sale or redemption at maturity during the taxable year for which the return is made. Treasury Department Circular No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained froo any Federal Reserve Bank or Branch. 000 I 'lVZCZCCRQ463 JZYUW RUEAESA2157 1302215-UUUU--RUEATRS. RU£SQI 1859/1 1382128 UUUUU ZZH 72 ZFF-4 ~210ez ~AY ~~n~BASSY QU ITO RUEATRS/TREASURY WASHCC IM~EDIATE ) RUEHC/SECSTATE WASHDC I~~EDIATE 4310 AS SECTION 1 OF 4 QUITO 1859 JEGT: HENNESSY 103 STATEMENT OllOWING TEXT HENNESSY STATEMENT MAY BE RELEASED. Al DELIVERY TIME®11: 03 A. ~l. QUITO TIME. EGIN TEXT: EMENT BY JOHN M. HENN£SSY ORARY ALTERNATE GOVERNOR FOR THE UNITED STATES RE THE 13TH ANNUAL R- AMERI CAn I~EETING DEVElOP~';E~)T OF THE BANK 0, ECUADOR, MAY 8-12, 1972 HAllMAN , P;;ESIDENT ORTIZ l'lENA, FEllOW GOVERNORS DISrINGUii~~ GllESTS· iOULD LIKE TO EXPRESS ,THE APPRECIATION OF THE rED STATES DELEGATIot~ TO THE GOVERN:'1EnT OF ECUJADOR THE OPPOijTUNITY OF PA~TicIPATI~G IN THE THIRTEENTH JAL MEETH:G OF THE INTER- AI':ERICArl D.EVELOP:1ENT 3ANK IN ; BEAUTIFUL CITY OF THE ANDES. MY DELEGATIO~ WISHES flANK YOU, on ~ GRAC!TOUfj POSTS FeR yqUR \-.ILltH )ITALIIY. WE CONGRATULATE YOU ON THE EXCELLENT ~~~GD1ENTS YOU HAVE ~1ADE FOR OUR nEETING. :RNOR CONNALLY HAS ASKED ~ET AT ~OT 2EING ABLE TO lOIN WITH OUR FELLOW ~E TO EXPRESS HIS SINCERE ATTE~D ME~BERS THIS MEETI~G. IN WELCOMING CANADIAN ERSHIP IN THE BANK. THIS ADDITION NOT O~LY STRENGTH~~S BANK, BUT IT BRINGS OUR HEMISPHERE CLOSER TOGETHER. lOIN ALSO IN CONGRATULATING LIC. ANTONIO ORTIZ " ON THE CO~PLETION OF HIS FIRST YEAR AS PRESIDENT. [ ENERGY, VISION AND DEDICATION HE HAS DE~ONSTRATED CAPACITY FOR INNOVATIVE LEADERSHIP. LAST WE GATHERED, ONE YEAR AGO, ~E SPOKE OF .UTION IN THE WORLD'S ECONOMIC AND POLITICAL RELA:S. TODAY THERE IS A ~ORE GENERAL REALIZATION THAT WORLD HAS CHAN GED. OUR DISCUSS I Oi\S LAST YEAR- AND !RE HAVE EEEN GIVEN POINT AKD URGENCY BY THE VISI3LE ONS AND SWIFT CHANGES OF THE PAST YEAR. BY THESE IGES WE HAVE, I EELIEVE, 3EGUN TO FACE UP MORE HRIGHTLY TO THE ECGXQMIC REALITIES OF OUR :AMENTAL AND LO~G 'HE INTERNATIONAL :ONAL ~ONETARY TI~ES. LASTING CHANGES HAVE OCCURRED ECONO~Y. ON AUGUST 15TH THE INTER- SYSTEM AS WE HAVE KNOW IT FOR 25 YEARS : TO AN END. AUGUST 15 MARKED THE END OF THE POST ERA HIE ERA CHARACTERIZED BY THE ECONOMIC A~ ~~ATION - THE STATES. U~ITED 971, THE POSITIONS OF THE MAJOR ONS OF THE THESE HAD ~JORLD HAD CHAnGED CH.4~~GED E THE mUTED STATES ',lIAS rr~GS OF I~DUSTRIAL ENORr'~OUSL ~Y Lot~G AUTO:~03ILE INTERNATIO~!AL TAKE~ l,.iT~.R HO!.~ HAS COUNTRY. IN AREAS THE LEA9ING NfI,IION, FOR PRODUCT Ion, v.:oRLD TR.4DE A~D RESEr,VES, OTHER NATIONS OR PINS OF NATIONS, SUCH AS THE ECUROPEAN NOW Y. JUST SItlCE THE SECOND ',,'ORLD [CIATED 3Y FEW - EVEN IN PLE STEEL AND DO~INANCE cor~U~ITY, THE LEAD. MANY GOVERNMENTS - THIS INCLUDED IN SOME DEGREE WN GOVERNMENT - CONTI~UED TO OPERATE UNDER EARLIER -WAR ASSUMPTIONS. THOSE ASSUMPTIONS ARE NO LONGER ). WE MUST BEGIN TO FACE THE NEW REALITIES IN OUR )~IC RELATIONSHIPS. WHAT ARE THESE NEW REALITIES 7 E FIRST REALITY IS THAT. ECONml IC r:CEFORTH LATIO~S ST.~~m :'ll'CH NEARE~ CO~:C£R~:S vJILL THE CENTER OF THE FOREIGN OF .THE UNITED STAiES, AS THEY LONG HAVE FOR ST r:ATIONS. THESE Cm;CERNS HAVE ACHIEV:::O A STATUS PARALLEL I~PORTA~CE D SECURITY CmlCER~~S WITH POLITICAL, IDEOLOGICAL 'nnCH HAVE EEE~ DO:iU:A:n IN TH:': ST. INDEED, THERE IS A nEll: iEALIZATION THAT ECONO:HC RENGTH MUST UNDERLIE OUR OTHER INTERESTS. E SECOND REALITY IS THAT THE INTER~ATIONAL D MONETARY SYSTEMS FRON THE EARLY POST-WAR RI~D I~HERITED TRADI~G NEED FUNDAMENTAL RESTRUCTURING. ECONOMIC ATES~EN O~CE ~OPE WILL EE CALLED UPON TO SHAPE THE FE-} OF TRADE M.JD PA nlD!T ARRAt;GE~lENTS FOR THE NEXT NERATION. THIRD REALITY IS THE EXISTE~CE EVERYVHE~E OF STRONG RCD OF PROTECTIotHSI'l, ISOLATIONISt/: A:m THE NEGOTIATIONS THAT ~ILL NATIC;\J.~LIS:-~. BE NECESSARY FOR INTE~NATIaNAL FOR, THE mJITED STATES IS Cm:I·jITTEJ TO oun.:ARD LOOKI:·JG, EN TRADING AND MONETARY SYSTE~S. 3UT TO ACHIEVE THIS JECTIVE THOSE SYSTE~S MUST BE DE~ONSTRA3LY EQUITABLE STEMS IN V:HICH OUR NAT Im:AL nJTERESTS ARE SECURED ,\S E THOSE OF OTHER NATIONS. HERE THERE IS CLEAR IDENTITY U.S. OBJECTIVES ~ITH THOSE OF LATI~ A~jERICA. VZCZCCR~4 65 RUEAESA~159 'UZYUW fiUESQI 13iJ2234-UUUU--RUEATRS. 1259/2 13(;2143, UUUUU ZZH 921C0Z MAY 72 ZFF-4 ,~!'.Er.3ASSY QU ITO RUEATRS/TREASURY WASHDC I~~EDIATE o RUEHC/SECSTATE VASH9C I~~EDIATE tAS SECTIO:~ 2 OF 4 4311 QUITO 1859 'OURTH M:D CLOSELY RELATED REALITY IS THAT THE LITY OF THE :EIGN U~ITED ECONO~IC STATES TO CONTINUE TO SEAR ITS AND DEFENSE RESPONSI2ILITIES D~PE~DS OUR ABILITY TO ACHIEVE STRENGTH IN OUR ECONO~IC :ITIot!, DOi-iESTIC MlD cor1:-iIT:':~NT ECmlOt1IC DEVELopr'lE~:T THE PERIOD I ~HEN TODAY IS $1~~ iLD ~'AR I'W LESS STROnG THAN THE UNITED STATES WAS THE ARCHITECT CHIEF CONTRI3UTOR OF ECmlO;lIC :R OUR ItHEf..L\ATIO~)t~L. ~,SSISTAt:CE, BILLImJ DOLLARS IN LOMJS At.1D GRA~;TS II. 3UT OUR FINAPiCIAL POSITIon :ESSARILY DETEF~.JI~)E THE EXTENT MJD PnOVI:)ING SINCE ~JILL ~~ATURE CF' THAT ::lITrENT IN THE FCTURE. A TI~E OF' RAPID CHArSE - OF NECESSARY ) OF MORE EQUALITY IN THE )USTRIALIZED ~ ~ASIC ECO~G~IC STRE~GTH - I 3ELIEVE YOU ~ILL UNITED STATES MUST SPEAK OUT FRANKLY, AS ~AKING ~T NATIO~S ADJUST~E~T, OF RECOGNIZE ~E ARE HERE TODAY. WE ALSO RECOGNIZE THAT SOLUTIONS at ACH Til'. fiir'IIiiOUS H 0 10 n:T EF FORT. i'S HAVE t',1O USION THAT - InDIVIDUALLY - IXE ALONE EeT THE ELOP[~ENT INTEF.~!ATlct\{l,L OR r'lO:~[TARY E I '.WULD LIKE TO u.s. SHt'\PE OR Ecouornc SYSTD; FOR TRADE, AFFAIRS. ELI'lH~PITE u.s. POSITIOl-J: THE CAt~ M;Y DOUBT' REGA::'.DI/\G STF:O~)GLY ELOPH:G cout:Trn::s' CLAI:': fOR SUPPORTS THE RE?RES::~'TATIO:·1 :,~or:~TA~Y H' TRADE ;{:: F 0 pt.; ti EGO T I ATIC ~; S • F U? THE: R, 'i!::: EEL I EVE- IN AtiERIC.o. HAS .t\r·; H:PORTM'T RCLE n: H:::L?I:'JG ORLD ORDER THAT U2 I SH 'I'; I TH T HE :;~ CESS ARY 1'; OR PER~ITS LEA~T CO~~T CAPITAL fLO~S A~J SH.~P::: TF.A~E I r:?ED L: Et~T - COt:D IT I O~)~: n; UED \' HI TO CH DE: VLL8 P:: E:1':1. Ik? LOOK AT LATnJ ALr:RICr~ .~~;J THE DEVELOPH:G EHPI::S, AS A 1;;hOLE, \'E SEE ALTHOUG~ :RLY E~~OUGH TH:'~.T ~E~AI~S =CO~~8:lIC R2:ALI1 I~S THAT TH::: PAC: IS ~CT THE BEULFITS OF GEOi,i,'TH ARs ~~CT CONCERN ;T nWUGH AND ~;£'JJ DISTRI2UTED. v.'E: SHARE Ti-':IS CPTHiISTIC. THE \J:ORK OF THE COU~ni1I:::S co~~c::.;:m BUT TH::::::SLLVES ETHER vJITH THE 2Ai'!K M~9 SHULAr: I~;STITLTIC\S IS ISING f:(UIT A~m PRO:f;ISES i':UCH r~ORE. OF ThE: :':OST STRIKP~G RL4LITIES H~ LATIt~ A;·~:'::RICA THAT THE EARLIER ~YTH THAT COUNTPI~S COULD ~0T i':A::U,TLY S~1E.~K FRr:~ Of THEIr< LO'~T L~VE:LS Of I>!CO:::: T THEY I.(TEP:: ;'10T ~ASTERS OF Tl-:EIR C'..'~) [CO>l~'.;IC TI t! Y - S r: 0 L! L 9 ~ AV~ 2. EEt: D::: CIS I VEL Y ~~ ~(? L0 DED:' Y THE TS. HO~'EV[.g I.llf f1Hr:TO;IC DOES ~~OT SE~.:~ TO H.~Vr.: t\U:~5ER ISHT UP TO THOSE FACTS, \'.'HICH AE£ THAT fJ. ", L.~RG:: COU::TRIES GOTH M:D St:ALL - R~PF\C:SE:1TING AJOEITY OF LATH; A:,;ERICA - HAV: EXPERID\CED VIGO?iOUS SLSTAINED GRO~TH FOR THE EETTER PARi OF A DECA~E ALL INDICATIONS ARE FOR A CONTINUATION OF THIS ARKA2LE RECORD. THE ~;AJOR :RE IS TO \<JORK TO PROV IDE: PhOI:LE:J FACH:G l~ORE :H~Jl CAL Aim F H: Ai"; C I AL , C0 UP LED ORDER TO FIND - ~.SSUR E 3;'.LA:~CED REASO~ABLY ::<SELVES H,:WE iAJOR somm EEE~\! CO~lTRIGUTINS G£i\~ERAL E~OU8H ,~SS I STA~C[ !;} fiE:lIS- OF ,;LL T Y?ES - I T H BIT T ER ? 0 L I C I E S GROtHH. - THAT THE COU~TR!ES RESPQ1-lSI5L£ FOR THIS FACTOR HAS ECO~W:;IC nr:: 2EE~) POLICIES. THE ~.'c: PROG~::SS C:FFECTIv:~r::ss H.AVE SEF.~J: HA T SAVI NGS CA:' 1 BE ;1 0 S I LIZ ED M m C Hfl, ~~ n:. LED 1:\ T C DUCTIVE njVEST:'1St:TS, EVEN n; THE FACE OF 'HAT, ~,'ITH FLEXIELE AND REALISTIC EXCH~NGE P~ICE R.ATS .IelES 3ALMJCED GPO'IJTH CAN 5E ATTAINED EVHl ',nTH 'LATIONARY PRESSURES, IT EXPORT E.~R~ I~ G CM! BE I ~JCREASED THROCGH ES TO 30TH INDUSTRIALIZED AUD D£VELOPI\:G COU:;T?IES, HAT IT IS PCSSIBLE TO REDUCE INFLATION, AND DO SO IN A ~AY THAT SUPPORTS, RATHER THAN TAKES FRO~, OTHER OEJECTIVES. ~AKES US TO THE C?TI~ISTIC bY THE cM:K. IN TH~ FUTURE THAT :';ORI: ATTenION Cm:CL~3Im~ GIVEN TO GENERAL ABOUT Ecm~o:'ilC LEADS A~D EVER :iUST THA~j ?JLI CY AREAS BY EACH COUNTRY THISt-lHROC~SS JRSE, HAVE TO BUILD UPON ITS EACE O~~ ~·:ATION 1.nLL, HEX TRADITIONS, CAPA3I- IES AND UPON ITS OWN LEADERSHIP. THIS CO~T~XT, ~O~PLE~E~TARY EXTER~AL ASSISTANCE CAN ONLY PLAY ROLE. 3UT IT IS A KEY ROLE. I WOULD <E TO CALL TO THE ATTE~HIor~ ETHER THE U. s. IS DOH~G OF THOSE I HELAT IVE NATIO~S ECO~JO~~ I C QUESTION ITS PART THAT TH:: U. S. STILL )VIDES OVER 40 PERCENT OF THE E INDUSTRIALIZED :lHO ECO~Wi~IC ASSIST.~;jCE IN SPITE OF THE GREAT SHIFTS ST RENGTH I HAV E :·!G:T I O~JED. THE IS WILLING TO CONTINUE TO DO ITS PART IN THIS 3ARD 359/2 8IVH~ 2UT EXPECTS EQUAL EfFORTS OF S~LF-H~L? 2Y NVZCZCCRQ466 UZYUW RUEAESA0161 F.UESQI 13C2245-U~UU--RUFATRS lE59/3 1322210 UUUUU ZZH 921 it0Z r~AY ~.' ZFF-4 A~D1BASSY QUITO RUEATRS/TREASURY 1}.'ASHDC n;r·:EDIATE a RUEHC/SI:CSTATE '!:ASHJC I:'1~~EDIATE L;312 LAS SECTION 3 OF 4 QUITO 1859 THER LATI~ A~lERICA1J REt,LITY IS THAT lJ.'IDELY FERENT VIEWPOINTS EXIST ON THE UTILITY AND ROLE OF VAlE INVEST~ENT - DO~ESTIC AND FOREIGN. ~ANY INIRIES HAVE SUCCESSFULLY INTEGRATED FOREIGN IMVESTI INTO THEIR NATIONAL DEVELOP~E~T ~JITHOUT PLANS ~ITH GRSAT I~W:'lIC 3H:EFIT, AND IO~AL DIGNITY OR SOVEREIGNTY. OBVIOUSLY, NOT ALL cmlPRQ[USING EITHER PREPARED TO TAKE THIS APPROACH. IS OUR STRONG CONVICTIO~ THAT PRIVATE INVEST- I IS ESSENTIAL TO THE RAPID DEVELOPME~T OF THt ISPHERE. IT IS ALSO OUR STRONG CONVICTION THAT WE I SQUARELY FACE THE ISSUE OF EXPROPRIATION ON PRIVATE ERPRISE, BECAUSE IT IS SO I~?ORTANT AND SE~SITIVE A TER. PRESIDENT NIXON AND OUR CONGRESS HAVE STATED I U.S. ?OSITIOlJ CLEARLY. 'lHILE EACH NATION HAS THE HI TO EXPROPRIATE PROPERTY FOR A PU3LIC PURPOSE, IN RY CASE THEJ~E ?ENSATION, I~J SHOULD BE PRO~·J?T ACCORDANCE l;.'ITH ADEQUATE AtlD EFFECTIVE: INTER~:ATIO~,jAL LA\~'. THIS CONNECTION, RECENT LEGISLATION REQUIRES THAT UNITED STATES WITHHOLD. ITS SUPPORT LOANS IN FRO~ TILATERAL DEVELOPMENT EANKS UNLSKS AND UNTIL IT IS ER~INED THAT THE PROVIDE ADEQUATE COe~TRY IS TAKING REASONASLE STEPS CO~?ENSATION. THIS POSITIO~ IS A POLITIC!\L ACTIO!'J - AS SO:lE 'AlOULD HAVE US 2:::LIEVE RATHER IS SASSO ONLY ON CO~SIDERATIO~S OF INTERNATIO~AL PDiSATE ADEQUATELY CM'.) ONLY AFFECT THE NLOlJ.' OF ~l:':t:D;::D IrAL, AND AFFECT THE CREDIT WORTHINESS OF A COUNTRY. IN T, THE WISDOM OF ANY N WHEN AEEQUATE EXPROPRIATIO~ CO~PE~SATION CA~ EE QUESTIO~ED, IS PAID. THE RESOURCES rSRTED TO Cm!PENSATE INVEsn:E;as THAT ARE ALREADY DUCING EMPLOYMENT AND TAXES OFTEN COULD BE USED E PRODUCT I VEL Y TO F I NM~CE NEW INVESTrI] ENT I ~J THE ESTIC ECONOMY, PARTICULARLY IN AREAS OF HIGH IAL PRIORITY TO WHICH FOREIGN CAPITAL DOES NOT AYS FLOW. :RE IS otJE OTHER ISSUE THAT l'lUST 2E IS THE H)TERr~/~TIO~'IAL ~~OTED: ILLICIT DRUG Tr<AFFIC THAT AFFECTS PEOPLE M:D PARTICULARLY OUR YOUTH. THIS IS At" DEEP CONCERt: TO THE UI'ITED STATES NID TO ALL EV IDENCED IN V.!\R 10IJS U:~ ISSUE ~'ATIO!\;S, RESOLUT I ot-~S. T HE UP I TED , TES HAS TAKEN STEPS TO CON3AT THE DRUG O~OU5LY AND ON A BROAD COU~TI~G ERNATIONALLY, 'IuNS. AS REQUI~ES O~JE FHor~T, PR03LE~ bOTH DO;-;EST IC£\LL Y M!D ON THE COOPERATION OF MANY ELniENT IN OUR EFFO;=;TS, NE!.'i U.S. RE?~ESENTATIVES INTERNATIONAL INSTITUTIONS TO LEG1SLATIm~ TO VOTE AGAINST LOANS COU~TRIES ~HICH ARE COOPER.4TING IN KESOLVH1G THIS PROBLE>1. !.I.IE EXPECT NO ONE '.HLL EE. NEUTRAL ot~ THIS ISSUE OF GREAT )ORTANCE TO US ALL. THIS PERIOD OF CHANGE, OF GREATER EQUALITY IN mC)lIC STREnGTH, THE :']ULTILATERAL AN Il~PORT4NT DEVELOP~Ef~T BANKS ROLS TO PLAY. ThE UrITEQ 3To.T£S AND ITR NATIONS AS WELL, A2E RELYI~S I~CREASI~GLY UPON ~SE INSTITUTIm·!S AS CHMlNELS FOR DEV:::LOP~lH~T ISTAi~CE. ThIS ['~EA~JS THE INTEP.-P.'.'l~RICt\N 5Ah!:\ IHLL TO CONTINUE TO ASSUME GREATER A~ ~? IN THE HE~ISPHERE. GR~AT~R LEADER- J ~OULD LIKE TO REPEAT OUR :DGE OF FULL SUPPORT FOR THE tANK AS I T DOES SO. , j {~At;AGE:1nH iFOPNA~CE IS TO BE CONGRATULATED FOR M~ CUTSTAtlDING LAST YEAR. ~E CONFIJENTLY EX?~CT THE BA~K :'if\DlTAI:-J THE HH3H LEV::LS OF PERFOR:'lANCC: A:JD LErJCI~~3 HAS ,~CHIZVSD. U~JDE:RST~~;DHlG lTR;P,Y TO THE lGRESS H~S m~LY )-{OL:JI~~2:3 ~HICH WILL RESULT Ji 2 75 :,: ILL I mJ J F G()V~R~J;1E:~T I~ )ERTOOK L"IST ~.lT 'v' YE~R rJR~:.~LLY FCR THE ?FOVISION OF hE SOU RCEST 0 THE TH~T ~ A~! K• THE E,;'.'X A ;'lAJOR STUDY 'nTH THE PCF:?OSf.: Of 1... '.~Y ORS.;~iIZATIJ:'J; )A~ILITIES I~ VERY PLE,;SE:D TO S[Z H STUDY ?On:TS THE ~ICIH)T OF D8LLARS - A\ 03LIG.t.Tlot.; '/r.ICH T'lO DAYS ASO l;,'HEN THE DOLLAR 'lAS IALUED AND ~? our~ PROVIDED FULL AUTHORITY TO CArRY CUT THE :1\' S PR:SE:JT )SF. HEF~E, OF SOjS TO A O~E nJJLpn·;DLi~T STRO:~GER '/HICH IJ.'ILL MID i':ORE: J-iAV~ E~:H(4.NCED ?ROJECT :':PPS.4ISAL, :OUF?t;G£: M:J EVELOP BLTTEr; H~VEST:;E~lT CP?O~TU:'!ITIES, )VIDE CLOSER SUPERVISION TO E~SU~E SUCCESSFGL PROJECT )LH:EJ:T~TIO;.:, MW SERVE ITS :'lL:-E~[RS i'lOKE: :':FFICIErTLY. LOOK FO~~ARD TO EA?LY ACTIC~ THAT IS ESSE~TIAL I~ [S ARE_~. AS A:·!OT HER ~.SPECT OF THE EFF CRT TO 1.: ?POV:::: ~~:U Inc EFFECT Ivn:ESS, SEV[R:'L :-:n' STUDI ES ;PLETED H: TH:: ,!\UDIT M1D ~VALU~Tlm; _~F~,t;S, M:n '~'E LOOK ;'vAF;D TO :,\~J H~CRE~.SI\)3 t~U:'13ER OF T}-<:E.S~ USEFUL M:ALYSES 67 ~~;VZCZCCRQLj 'UZYUI)/ RUEtiES 822CS EUESQI 13:22254- UUUU- - ?,U~ATRS. 13r;j2228 lE59/4 , UUUUU ZZH :92 1ZCZ ~'1 AY 7 2 Z F' F' - 1; At,:E!13ASSY ~UITO RUEt..TRS/T REASURY ~JASHDC I:1~j!EDI AT~ '0 RUEHC/SECSTATE '.~ASP'JC :LAS SECTIO~1 4 I:'}/I:DIATr: ot « QUITO " 1859 T f\.c.\.IV\,)".1.,",~,,\,) ~R'~I'lG A J',I:. lVI:.l!.U COU~TRIES 30ROUSLY uH PURSUED. OF OUR HEMISPHERE. THIS HAS TO BE THIS IS, OF COURSE, A PART OF OVERALL QUESTION OF THE GEOGRAPHIC E FUND FOR SPECIAL OPERATIONS. THE DISTRI3UTIO~ ECOKO~IES 13ERS ARE RAPIDLY REACHING THE POINT AT <E THE j. MJD SUST An-lED DRIVE TO HELP T;IE RELAT I VEL Y LE~S JELOPED ~ 4313 TRM~SITION FROr~ ~RATIONS IN DRA~I~G O~ RELIANCE O:~ ~HICH ~y ~JOLJLD IELO?~1ENT I~ THEY CAN THE BANK'S ORDINARY CAPITAL RESOLUTIO~ 1970. IT SHOULJ BE EXPECTED THAT IN TH1E BE A2LE TO JOIN THE LENDERS. SO~E THE FUND FOR SPECIAL ;OURCES - AS FORESEEN IN THE PUNTA DEL ESTE REPLENISH~ENT OF OF CO:1~':U~·jITY OF WE DO NOT THIS REGARD, THI~K t\DVM~C£D 1£ OF OUR r'IORE IT IS TOO EARLY FOR ASSISTANC~ :'lL1SERS TO PROVIDE THE LESSER-D[VLLOPED COU;'JTRIES It: THr.. hLHSPHEF.L. ECmW[~n::s 'lr: t'lEf':bERS AFE DOn:G THIS ALRZlWY. AS 'THE TH:SE MORE DEVELOPED NATIONS CO~TI~UE TO EXPAND AND )SPEF., THE EVOLUTIO:J OF HaFA- ,~.:':EF:ICA:J ~~OT ;ISTAt·jCE SHOL'LD D:::Vr::LJ?'<~:~~T ONLY BE a;C:JUl,;GED, IT SHOULD Bf: ::lEeTED. rHI RD DIRECT I ON ',vE I!II SH TO Er:CCUK{iGE )su,r IS TO "OP'/ IN t. , 'L ~ t HI" ':, 1,.JORLD 8/'l,r::-< A~l[) conD"I~lAT7;'1'"I V " ~} .', I- J Tl-i~ 2Mi~ TO "'ITi-{ Tj-{':,~,,-\ "' CI"P , [rA\-::liIO~l ~ r, ,~" I'·:F TO'::l;i\D HELPE!G CCUYTRIFS TO 'nOVe: T}1EI? Ecm:o:uc POLICI?S. '.,'E EE'LIEVE THE [D H~ CE I S CLE.~ R T HAT SOU N:.J F I S CAL, "i 0 ~; ;:;: T A~ Y :HM:SE RATE POLICIES, COL.!?LED )'JS-PU3LIC A:m PFIVAT£ - CA~~ ~,.;ITH EXTLR~JAL ACHIEVE ::OCI.~L :~ ~ lD CAPIT.tIL AlE") IT HAS Al.READY H; SEVE:iAL. ~t - 'IN 1:: r']UCH [~OFE ~~EEDS TO BE :"10E£ DOI~E TO ~4CHIE.VE A~(iERIC,t;~,) SOALS OF SOCIAL ArlD ECO~.;o:lIC D£VELOP~(C:~JT. JOSS, BETTER LIVING COt·,DITIC)S Arm F.t\IRER ;TRISUTlm; AnE t·~E:EDED. TO ~:::SCKICE THES;: FICO~';E t~E:E:DS IS Te 'H~E THE CH,'~LL[~JG:':S cm·JFROrnnJG THE It ' TER-,Cl.:-:ERICAN lK. nEALITIE~ A30UT ~HICH I HAVE SPOKEN TODAY RESPONSES MlD n:N8VATIVE THAT IS IN US, BUT THE POLICI~S. E~D riO:HC PROGRESS AND PEACEFUL PLlN 59/4 DE~AND THFY CALL FOR THE IS WORTH IT - A ~O~LD OF D~VELOP1·jE~a. F.~~D TEXT. The Department of the TRfASU RY SHINGTON. D.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 10, 1972 l.vITHHOLDING OF APPRAISEMENT ON ~~700LA.ND POLYESTER/WOOL WORSTED FABRICS FROM JAPAN Assistant Secretary of the Treasury Eugene T. Rossines announced today the withholding of appraisement of wool and polyester/wool worsted fabrics from Japan pending a determination as to whether this merchandise is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended (19 U.S.C. 160 et seq.). Under the Antidumping Act the Secretary of the Treasury is required to withhold appraisement whenever he has reasonable cause to believe or suspect that sales at less than fair value may be taking place. A final Treasury decision in this investigation will be made within three months. Appraisement will be withheld for a period not to exceed six months from the date of publication of the ",".vi thholding of Appraisement Notice" in the Federal Register. Under the Antidumping Act a determination of sales in the United States at less than fair value requires that the case be referred to the Tariff Commission, which would then consider whether an American industry was beinq injured. Both sales at less than fair value and injury must be shown to justify a finding of dum~ing under the law. Upon a finding of dumping, a special duty ~s assessed. The total value of wool and polyester/wool worsted fabrics imported from Japan during the perion January 1970 through December 1971 amounted to approximately $57,900,000. 000 The Deportment of the TRfASU RY IINGTON, D.C. 20220 TELEPHONE W04-2041 Memorandum to the Press March 9, 1972 The attached proposed amendments to H.R. 12272, the Individual Retirement Tax Act of 1971 and technical explanation of the bill were submitted for the record by Assistant Treasury Secretary Edwin S. Cohen to the Committee on Ways and Means in connection with his testimony on the Administration's pension proposals on May 8, 1972. 000 Attachment Proposed Amendments to H.R. 12272, 92d Congress Page 2, line 19, strike out "when" and insert ftthat tr • Page 3, line 7, strike out "unless" and insert "unless,". Page 3, line 9, strike out "accrued benefit" and insert "accrued benefit derived from employer contributions". Page 3, line 13, strike out "his period of" and insert "the period of his". Page 3, line 21, strike out "his" and insert "such". Page 3, line 22, strike out "than rapidly" and insert "than ratably" • Page 4, line 5, strike out "to" and insert "to benefits or". Page 4, line 15, strike out "and" and insert "or". Page 5, line 6, strike out "actuarial" and insert "fair market". Page 6, line 6, strike out " accrued benefit" and insert "accrued benefit derived from employer contributions". Page 6, line 8, strike out "as" and insert "as of". Page 6, line 10, strike out "his period of" and insert "the period of his". Page 6, line 12, strike out "his" and insert "such". Page 6, line 18, strike out "profit sharing" and insert "profit-sharing". Page 6, line 19, strike out "(j)" and insert "SUbsection (j)". Page 7, line 16, strike out "(2" and insert "(2)". Page 7, line 23, strike out "profit sharing" and insert "profit-sharing". Page 10, line 20, strike out "section 218" and insert - 2 - "section 219". Page 10, line 21, strike out "219" and insert "220". Page 10, line 21, strike out "section 217" and insert "section 218". Page 10, line 23, strike out "SEC. 218" and insert "SEC. 219". Page 11, insert after line 14 the following: "If a taxpayer has earned income for the taxable year which is not subject to tax under chapter 2, 21, or 22, no deduction shall be allowed with respect to amounts described in the preceding sentence except to the extent that such amounts exceed an amount equal to the tax (or the increase in tax) that -would be imposed upon such income under section 3101 for the taxable year if such income constituted wages (as defined in section 312l(a)) received by him. with respect to employment (as defined in section 3121 (b) ) •" Page 12, strike out line 22 and all that follows down through page 13, line 7. Page 13, line 8, strike out "(4) and insert "(3)". Page 13, line 16, strike out "(5)" and insert "(4)". Page 13, line 24, strike out "profit shar-" and insert "profit-shar-". Page 14, line 15, strike out "section 218(b)" and insert - 3 "section 219(b)". Page 16, line 14, strike out "excess" and insert "excess contributions on behalf of owner-employees) shaJ.l apply to" • Page 18, line 25, strike out "account" and insert "account (as defined in section 408(a))". Page 19, line 4, insert a comma after "attributable". Page 19, line 5, insert a comma after "delegate". Page 19, line 6, strike out "under section 218" and insert "allowed under section 219". Page 19, line 7, insert a period after "savings)". Page 20, line 9, strike out "section 218" and insert "section 219". Page 20, line 20, strike out "section 218" and insert "section 219". Page 21, 'line 7, stike out "withinll and insert" (within". Page 21, line 19, strike out "section 218" and insert IIsection 219". Page 22, line 4, strike out "Subtitle D" and insert "Subtitle D (relating to miscellaneous excise taxes)". Page 22, line 13, strike out "excessive accumulation" and insert "excessive accumulation in such account". Page 22, line 14, strike out "shaJ.l not apply' I and insert "shall apply only". Page 22, line 15, strike out "any taxable year prior to" and insert If taxable years beginning after". - 4Page 22, line 16, strike out "the plan" and insert "such account". Page 22, line 19, strike out "excessive accumulation" and insert "excessive accumulation in a qualified individual retirement account". Page 22, line 22, strike out "held by the plan" and insert "of such account". Page 23, line 2, strike out "individual" and insert "individual who established such account". Page 23, line 5, strike out "under the plan to the individual" and insert "by such account to such individual". Page 23, line 16, strike out "section 218" and insert "section 219". Page 24, line 16, strike "section 218" and insert "section 219". Page 24, strike out the matter following line 17 and insert: "'Sec. 219. "'Sec. 220. Retirement savings. Cross references. ,II Page 28, strike out lines 5 through 18 and insert the following: "(A) Clauses (iii and (iv) of section 401(e)(1)(B) (relating to definition of excess contributions on behalf of owner-employees) are amended to read as follows: " , ( iii) the amount of any contribution made by any owner-employee (as an employee) which exceeds - 5 10 percent of so much of the earned income for such taxable year derived by such owner-employee from the trade or business with respect to which the plan is established as does not exceed $50,000; and "'(iv) in .the case of any individual on whose behalf contributions are made under more than one plan as an owner-employee, the amount of any contribution made by such owner-employee (as an employee) under all such plans which exceeds $5,000; and'. " (B) Section 401 (e) (3) (relating to contributions on behalf of owner-employees for premiums on annuity, etc., contracts) is amended by striking out '$2,500' and inserting in lieu thereof '$7,500'." Page 29, line 9, strike out "compensation" and insert "so much of the compensation". llIDIVIDUAL RETIREMENT mC,)ME TAX ACT OF 1971 Technical Explanation section 1. Short Title, Etc. (a) Short title.--Section lea) of the bill provides that the bill may be cited as the " Individual Retirement Income Tax Act of 1971" • (b) Amendment of 1954 Code.--Section l(b) of the bill pro- vides that whenever in the bill an amendment is expressed in terms of an amendment to a section or other provision, the reference is to a section or other provision of the Internal Revenue Code of 1954. Section 2. (a) Minimum Standards Relating to Eligibility and Vesting. In general.--Section 2(a) of the bill would amend section 40l(a) of the code by adding thereto new paragraphs (11), (12), and (13) • Proposed section 401 ( a)( 11) would impose limits upon the age and service conditions for participation in a qualified pension, profit-sharing, or stock bonus plan. Proposed sections 40l(a)(12) and (13) would require such a plan to include provisions according participants nonforfeitable rights under the plan before they attain retirement age. Proposed section 40l(a)(11) Section 40l(a) of the code does not now:eontain any generally applicable, specific requirements concerning conditions for participants based on age and service that may be included in a qualified pensio~ profit-sharing, or stock bonus plan. Treasury regulations - 2 - permit such a plan to provide that participation in the plan is limited to employees who have attained a specified age or have a specified period of service with the employer if the effect of such limitations does not discriminate in favor of officers, shareholders, supervisory employees, or highly compensated employees. In addition, employees who, when they first otherwise became eligible to participate in such a plan, have attained a specified age close to normal retirement age m8lf be excluded if the effect is not the discrimina- tion prohibited under the code. Subparagraph (A) of proposed section 401(a)(1l) provides that an employees' trust is not to constitute a qualified trust under section 401 of the code (i.e., is not to be exempt from tax under section 501(a) of the code) if the plan of which such trust is a part requires that an employee have completed a specified period of service with the employer before he may participate in the plan and such period of service exceeds 3 years. Subparagraph (B) of proposed section 401(a)(ll) provides that an employees' trust is not to constitute a qualified trust if the plan of which such trust is a part requires as a condition of participation that an employee have attained a specified age and such age exceeds 30 years. Accordingly, a plan must provide that any employee who has attained age 30 and has completed 3 years of service as of the close of any plan year may not be excluded from the plan if he meets all other conditions of participation in order that any trust forming part of the plan constitute a qualified trust under section 401. For purposes of these - 3 provisions, the term "plan year" means the annuaJ. accounting period for the plan or, if no such period has been established, the taxable year of the trust forming a part of the plan. Proposed section 401 ( a)(ll )( C) provides that an employee s' trust is not to constitute a qua.lified trust if an employee who meets a.ll other conditions of participation in the plan (including any service requirement a.llowable under proposed section 40l(a)(ll)(A» is excluded because his age exceeds a specified age and such specified age is less than 5 years less than the earliest age under the plan at which an employee may receive benefits which are not actuaria.lly reduced. For this purpose, there is to be disregarded a provision in a plan that an employee with a specified period of service with the employer or participation in the plan may retire and receive actuaria.lly unreduced benefits before attaining same greater age at which he could retire and receive actuaria.lly unreduced benefits without having completed such specified Reriod of service or participation. Thus, for example, if a plan provides that an employee may retire and receive actuarlally unreduced benefits at age 65 or, if he has participated in the plan for at least 25 years, at age 60, the requirements of proposed section 40l(a)(ll)(C) would not be satisfied if under the plan employees who are otherwise eligible to participate in the plan are excluded because their~age-exceeds,60 (i.e., 65 reduced by 5). The second sentence of proposed section 40l(a)(ll) provides that the foregoing requirements are genera.lly not applicable, in the case of plans in existence on November 30, 1971, to plan years beginning before January 1, 1974. Thus, the qua.lifled status of a _ 4 - trust forming a part of such a plan will not be adversely affected by the continued application of present age and service conditions for participation during plan years beginning before January 1, 19'74. In addition, in the case of a union-negotiated plan in existence on November 30, 1971, the foregoing requirements are not applicable to plan years beginning before the termination of the collective bargaining agreement in effect on November 30, 1971, which relates to the plan. In the case of a plan not in existence on November 30, 1971, provisions of the plan satisfying the requirements of proposed section 401(a)(n) would be required for determining the eligibility of employees to participate in the plan during plan years ending after the date of enactment of the bill. Proposed section 401(a)(12) Section 401(a) of the code does not now specifica.l1.y require that a qualified pension, profit-sharing, or stock bonus plan provide that a participant in the plan have at any time before he becomes eligible to retire a nonforfeitable right to his accrued benefit under the plan. (Section 401(a)(7) of the code provides, however, that such a plan must provide that, upon its termination or upon complete discontinuance of contributions under the plan, the rights of all employees in their accrued benefits to the extent then funded or the amounts credited to their accounts are nonforfeitable) However, the failure to provide pre-retirement vesting is taken into account by the Internal Revenue Service in determining whether a plan satisfies the - 5 statutory requirement that it not discriminate in favor of officers, shareholders, supervisory employees, or highly compensated employees. Subparagraph (A) of proposed section 40l(a) (12) provides that an employees' trust is not to constitute a qualified trust under section 401 of the code unless the plan of which such trust is a part provides that an employee's rights in at least 50 percent of his accrued benefit are nonforfeitable as of the close of the first plan year in which the sum of his age and the period. of' his participation in the plan equals or exceeds 50 years. A plan could provide, however, that an employee's rights will remain forfeitable until he has participated in the plan for a period. equal to 3 years reduced by any period of service with the employer during which he was not eligible to participate in the plan. Proposed section 40l(a)(12)(A) further requires that an employee's rights in the balance of his accrued benefit become nonforfeitable not less rapidly than ratably over the 5-year period. following the close of the first plan year in which he satisfies the initial nonforfeitability requirement. In the case of a contributory plan, the portion of an employee's accrued benefit which is attributable to his contributions to the plan is to be disregarded in determining the extent to which his rights under the plan are required to be nonforfeitable under pro- - 6 - posed section 401(a)(12)(A). Thus, for example, if at the time an employee terminates employment the value of his entire accrued benefit is $10,000, of which $4,000 is attributable to his contributions to the plan, and he is required to have nonforfeitable rights in 70 percent of his accrued benefit, the value of his entire accrued benefit in which his rights are nonforfeitable is $8,200, the sum of $4,000 (the portion of his accrued benefit which is attributable to his contributions) and $4,200 (70 percent of $6,000 (the portion of his accrued benefit which is attributable to employer contributions)). Thus, for example, if a plan provides that an employee is ineligible to participate in the plan until completing one year of service with the employer, the requirements of proposed section 40l(a) (12)(A) would be satisfied if the plan provides that an employee's rights in 50 percent of his accrued benefit are nonforfeitable as of the close of the first plan year in which'the sum of his age and the - 7period of his plan participation equals 50 years or, if later, after participating in the plan for 2 years (i.e., 3 years reduced by the l-year period during which an employee is ineligible to participate in 'the plan), and that his rights in an addi tiona.l 10 percent of his accrued benefit will become nonforfeitable as of the close of each of the succeeding 5 plan years. An employee hired at age 50 would therefore begin to participate in the plan at age 51, would have a nonforfeitable interest in 50 percent of his accrued benefit at age 53, and would have a nonforfeitable interest in his entire accrued benefit at age 58. Subparagraph (B) of proposed section 401(a)(12) provides that proposed section 401(a)(12)(A) shall not be applied to prohibit a plan to which employees are required to contribute as a condition of participation (or So plan to which the amount (if any) of the employer's contribution on behalf-·of an~ employee is deterrnined~ by reference to the amount of the. employee's contribution to the plan) from providing that if an employee voluntarily withdraws his contributions upon termination of employment or active participation in the plan, his rights in that portion of his accrued benefit which is attributable to employer contributions will be forfeited. Such a plan must provide that a terminating employee need not withdraw his contributions to the plan and that if he does not do so, his rights in his accrued benefit will be nonforfeitable in accordance with provisions of the plan satisfying the requirements of proposed - 8 section 401(a)(12)(A). Moreover, proposed section 401(a)(12)(B) does not apply to a plan which merely permits an employee to make voluntary contributions to the plan, and an employee's rights in that portion of his accrued benefit which is attributable to employer contributions must be nonforfeitable in accordance with provisions of the plan satisfying the requirements of proposed section 401( a)(12 )(A). Subparagraph (C) of proposed section 401(a)(12) provides that an employee's rights in employer contributions to a plan are not required to be nonforfeitable to the extent that, under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by section 401(a)(4) of the code, such contributions may not be used to provide benefits for designated employees in the event of early termination of the plan. However, the plan must provide that except for such contingency the rights of such an employee are nonforfeitable in accordance with provisions of the plan satisfying the requirements of proposed section 401(a)(12)(A). Proposed section 40l(a)(12)(D) provides that the foregoing requirements are generally applicable, in the case of plans in existence - 9 on November 30, 1971, only to benefits accrued during plan years beginning on or after January 1, 1974. However, for purposes of deter- mining the extent to which an employee's rights in the benefits he accrues during such plan years is to be determined by taking into account his entire period of participation in the plan, including any participation before November 30, 1971. In the case of a union- negotiated plan in existence on November 30, 1971, the requirements of proposed section 40l(a)(12) are not applicable to benefits accrued during plan years begjnnjng before the termination of the collective bargainjng agreement in effect on November 30, 1971, which relates to the plan. In the case of a plan which is not in existence on Novem- ber 30, 1971, these requirements apply to all benefits accrued under the plan by employees whose service or active participation in the plan terminates after the date of the enactment of the bill. Proposed section 40l(a)(13) Proposed section 4ol(a)(13) provides that a trust forming part of a plan which is in' existence on November 30, 1m., shall not be considered not to constitute a qualified trust for any plan merely because such plan contains a provision to the effect that benefits accrued thereunder during a plan year are forfeitable if both of the following conditions are satisfied: (1) the periodic benefit payments to retired participants during the plan year eIeft'lit. :i:i8a lJ -t4:t.--...-wem aJ s t - 10 - by active participants during the plan year, and (2) as of the beginning of the plan year, the present actuarial value of accrued plan liabilities to both retired and active participants in the plan exceeds the fair market value of plan assets. Benefits accrued by an employee during such a plan year could remain forfeitable until the employee attains retirement age. The second sentence of proposed section 401(a)(13) provides that this exception is not to apply to benefits accrued during any plan year if the plan is amended to increase benefits directly or indirectly (for example, by lowering the retirement age) wi thin the 5-year period following the close of such plan year. Thus, if the plan is so amended within such 5-year period, any trust forming a part of such plan will cease to constitute a qualified trust unless this provision is deleted from the plan and the rights of employees who are participants when such amendment is effective in benefits accrued during such period became nonforfeitable to the extent provided by provisions of the plan satisfying section 401(a)(12). - II - (b) Plans benefiting owner-employees.--Section 2(b) of the bill would amend section 401(d) of the code (relating to additional re- quirements for qualification of trusts and plans benefiting owneremployees). Paragraph (1) of section 2(b) would revise the service conditions for participation in a qualified plan benefiting owneremployees. Paragraph (2) would revise the conditions for nonfor- feitability of benefits under such a plan. Conditions for participation--section 401{d)(3) Section 401(d)(3) of the code now provides that an employees' trust,in which an owner-employee (defined in section 401(c)(3) of the code as a sole proprietor or a partner who owns more than 10 percent of the capital interest or the profits interest in a partnership) participates,constitutes a qualified trust under section 401 of the code only if the plan of which such trust is a part benefits each employee having a period of employment of 3 years or more. For this purpose, the term "employee" does not include any employee whose customary employment is not for more than 20 hours in anyone week or is for not more than 5 months in any calendar year. Section 2(b)(1) of the bill would amend section 401(d)(3) to - 12 - provide that such a trust is to constitute a qualified trust under section 401 only if the plan benefits each employee having a period of employment of 3 years or more if his age is less than 30 years, each employee having a period of employment of 2 years or more if his age is not less than 30 years but less than 35 years, and each employee having a period of employment of 1 year or more if his age is not less than 35 years. No change would be made to the exclusion for part-time and seasonal workers from the term "employee". Conditions for nonforfeitability of benefits--section 401(d)(2)(A) Section 401(d)(2)(A) of the code now provides that an employees' trust in which an owner-employee (as defined in section 401(c)(3)) participates constitutes a qualified trust under section 401, only if under the plan of which such trust is a part the rights of each participant in the plan to or derived from employer contributions are fully nonforfeitable at the time such contributions are made. Paragraph (2) of section 2(b) of the bill would amend section 401(d)(2)(A) to provide that such a trust is not to constitute a qualified trust under section 401 unless the plan of which such trust is a part provides that an employee's rights in at least 50 percent of his accrued benefit are nonforfeitable as of the close of the first plan year in which the sum of his age and the period of his participation in the plan equals or exceeds 35 years, and that his rights in the balance of his accrued benefit become nonforfeitable not less rapidly than ratably over the 5-year period following the close of such plan year. As under present law, an employee's rights in employer contributions to a plan would not be required to be nonforfeitable to the extent that, -u under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by section 401(a)(4) of the code, such contributions may not be used to provide benefits for designated employees in the event of early termination of the plan. (c) Conditions of participation and nonforfeitability of benefits to insure satisfaction of nondiscrimination requirements.--Section 2(c) of the bill would amend section 401 of the code by adding thereto a new subsection (j) In general, proposed section 401(j) would author- ize the Secretary or his delegate to prescribe regulations requiring certain pensio~profit-sharing, and stock bDnas~Plaas+toiinc~..te shorter service or lower age requirements for participation in the plan than is required under proposed section 401(a)(11) or more rapid vesting than is required under proposed section 401(a)(12) to prevent discrimination in favor of officers, shareholders, supervisory employees, or highly compensated employees. Proposed section 401(j)(1) Section 401(a)(3) of the code provides that if a pensio~profit sharing, or stock bonus plan does not benefit specified percentages of the employer's employees, a trust forming part of the plan constitutes a qualified trust onlJ~the plan benefits employees quali- fying under a classification found by the Secretary or his delegate not to be discriminatory in favor of officers, shareholders, supervisory employees, or highly compensated employees. Section 401(a)(4) - 14 provides an employees' trust constitutes a qualified trust if the contributions or benefits provided under the plan of which such trust is a part do not discriminate in favor of officers, shareholders, supervisory employees, or highly compensated employees. While age and service requirements for participation in a plan and the extent of pre-retirement vesting provided by a plan are given consideration in determining whether the foregoing statutory requirements are satisfied, no clearly defined guidelines concerning these matters have been established, and the determination is made on an essentially subjective basis. Paragraph (1) of ~roposed section 40l(j) authorizes the Secretary or his delegate to prescribe regulations which set forth (i) the circumstances under which a plan will, in the judgment of the Secretary or his delegate, satisfy the requirements of sections 40l(a)(3)(B) and 40l(a)(4) only if the conditions of participation in the plan are less restrictive than conditions which satisfy proposed section 40l(a)(11) and the conditions o~ nonforfeitability of benefits under the plan are less restrictive than conditions which satisfy proposed section 401 (a)(12), and (ii) the conditions of participation and nonforfeitability of benefits which will, in the judgment of the Secretary or his delegate, insure that the plan will satisfy such requirements in light of such circumstances. Such regulations may not, however, require that a plan include conditions of participation and nonforfeitability of benefits which are less restrictive than conditions which satisfy - 15 paragraphs (3) and (2}{A), respectively, of section 40l(d), as proposed to be amended by section 2(b) of the bill. Among the factors to be taken into account in determining whether more restrictive conditions of participation and nonforfeitability of benefits are to be required are the difference between the actual and expected turnover rates of employees in whose favor the plan may not discriminate and the actual and expected turnover rates of other employees, and the relationship between the expected annual benefit accruaJ..s by aJ..l of the employees in whose favor the plan may not discriminate and the expected annual benefit accruals by aJ..l other employees. Proposed section 40l(j)(2) Paragraph (2) of proposed section 40l(j) provides that if a plan to which proposed section 40l(j) applies does not include conditions of participation and nonforfeitability of benefits which satisfy the requirements imposed upon the plan under the regulations prescribed by the Secretary or his delegate pursuant to proposed section 40l(j), no trust forming a part of the plan shaJ..l constitute a qualified trust under section 401 of the code. PrOposed section 40l(j)(3) Proposed section 40l(j)(3) specifies the plans to which proposed section 40l(j) is to apply. Subparagraph (A) of proposed section 401 (j)(3) provides that proposed section 40l(j) applies to any pension or profit-sharing plan established by a partnership which provides benefits for any active or retired partner (who is not an owner-employee - 16 within the meaning of section 401(c)(3)) who owns (i) more than 5 percent of either the capital interest or the profits interest in such partnership or (ii) more than 1 percent, but not more than 5 percent, of either the capital interest or the profits interest in such partnership if all such partners own more than 50 percent of either of such interests. Subparagraph (B) of proposed section 401(j)(3) provides that proposed section 401(j) applies to any pension, profit-sharing, or stock bonus plan established by a corporation which provides benefits for any active or retired shareholder who owns (or is considered as owning within the meaning of section 318(a)(1) of the code (relating to attribution of stock ownership between family members)) (i) more than 5 percent in value of the outstanding stock of such corporation or (ii) more than 1 percent, but not more than 5 percent, in value of the outstanding stock of such corporation if all such shareholders own (or are considered as owning within the meeting of section 318(a)(1)) more than 50 percent in value of the outstanding stock of such corporation. Proposed section 401(j)(4) Paragraph (4) of proposed section 401(j) provides transitional rules Which limit in the case of plans in existence on November 30, 1971, the applicability of the requirements set forth in the regulations presecribed by the Secretary or his delegate pursuant to the authority granted by proposed section 401(j)(1). Subparagraph (A) of proposed section 401(j)(4) provides that in the case of a plan in existence on November 30, 1971, the conditions of participation set - 17forth in such regulations are not to apply to plan years beginning before January 1, 1974. Proposed section 40l(j)(4)(B) provides that in the case of a plan in existence on November 30, 1971, the conditions of nonforfeitability of benefits set forth in such regulations are not to apply to benefits accrued under the plan during plan years beginning before January 1, 1974. In the case of a plan which is not in existence on November 30, 1971, the conditions of participation set forth in such regulations would have to be satisfied for plan years ending after the date of enactment of the bill, except toathe extent that, pursuant to the authority panted by section 7805(b) of the code, such regulations are not applied retroactively. Likewise, in the case of such a plan, the conditiona of nonforfeitabili ty of benefits set forth in such regulations would apply to benefits accrued during plan years ending after the date of enactment of the bill, except to the extent that such regulations are not applied retroactively. (d) Conforming amendments.--Section 2(d) of the bill would make conforming amendments to section 404(a)(2) of the code (relating to deduction for contributions of an·empl~to ~oyees' annUity plan) and section 805(d)(1)(C) of the code (relating to definition of pension plan reserves). Paragraph (1) of section 2(d) would extend to em.- .ployees' annuity plans that do not utilize trusts the requirements that would be imposed upon plans utilizing trusts by subsections (a), (b), and (c) of section 2 of the bill. Paragraph (2) of section 2(d) _ 18would extend to an annuity plan established by a life insurance CaD.- pany for its awn employees the requirements that would be imposed upon utilizing trusts by subsections (a) and (c) of section 2 of the bill. (e) Effective dates.--Section 2(e) of the bill provides that the amendments proposed to be made by subsections (a), (b)(2), (c), and (d) of section 2 of the bill are to become effective upon the day after the enactment of the bill. The amendment proposed to be made to section 401(d) (3) of the code by section 2(b)(1) of the bill is not to apply to plan years beginning before January 1, 1974, except that if a plan is amended before such date so that it no longer satisfies the requirement imposed by section 401(d)(2)(A) of the code without regard to the amendment proposed to be made thereto by section 2(b) (2) of the bill, the amendment proposed to be made by section 2(b) (1) of the bill is to apply to the plan year for which such amendment to the plan is effective and for all succeeding plan years. Section 3. (a) Deduction for Retirement Savings. In general.--Section 3(a) of the bill would amend part VII of subchapter B of chapter 1 of the code (relating to additional itemized deductions for individuals) by renumbering existing section 219 (containing cross references) as section 220 and by inserting after section 218 a new section 219 which would allow individuals a lim!ted deduction for certain amounts saved for retirement purposes. Pl~ - l~- Proposed section 219(a) Under existing law, an individual is not allowed any deduction for amounts which he saves for retirement purposes. On the other hand, a participant in a qualified pension, profit-sharing, or stock bonus plan is allowed· to exclude from his gross income amounts contributed by his employer on his behalf to the plan, even though his rights in such amounts may be nonforfeitable. Proposed section 2l~( a) provides that an individual (including a self-employed individual) is to be allowed a deduction for amounts paid during his taxable year to a qualified individual retirement account (as defined in section 408(a) of the code (as proposed to be added by section 3(b) of the bill)), to an employees' trust described in section 401(a) of the code which is exempt from tax under section 501(a) of the code, for the purchase of an annuity contract under a plan which meets the requirements of section 404(a)(2) of the code, to or under a qualified bond purchase plan (as defined in section 405 of the code), or for the purchase of an·annuity contract described in section 403(b) of the code. - 20 The second sentence of proposed section 2l9(a) provides that, in in the case of a taxpayer who has earned income which is not subject to tax under the Self-Employment Contributions Act (chapter 2 of the code), the Federal Insurance Contributions Act (chapter 2l of the code), or the Railroad Retirement Tax Act (chapter 22 of the code), no deduction is to be allowed with respect to amounts described in the first sentence of proposed section 2l9(a) except to the extent that such amounts exceed an amount equal to the tax (or, if the taxpayer has some earned income which is subject to any of such taxes, the increase in the tax) that would be imposed upon such income by section 3l0l of the code (relating to rate of tax on employees under the Federal Insurance Contributions Act) for such taxable year if such income constitute wages (as defined in section 3l2l(a) of the code) received by the taxpayer with respect to employment (as defined in section 3l2l(b) of the code). Proposed section 219(b) Paragraph (l) of proposed section 2l9(b) provides that the amount allowable as a deduction under proposed s.ection 219 (a) to an individual for any taxable year is not 'to exceed 20 percent of so much of his earned income for such taxable year as does not exceed $7,500 • - 21 Thus, the maximum amount allowable as a deduction under proposed section 2l9(a) is $1,500. Paragraph (2) of proposed section 219(b) provides that the limitation otherwise determined under proposed section 219(b) for any taxable year is to be reduced by the amount of any contribution made on behalf of the taxpayer during such taxable year by his employer (or another member of the same affiliated group of corporations Within the meaning of section 1504 of the code)) to an employees trust described in section 401(a) which is exempt from tax under section 50l(a), for the purchase of an annuity contract under a plan which meets the requirements of section 404(a)(2), to or under a qualified bond purchase plan (as defined in section 405), or for the purchase of an annuity contract described in section 403(b). This reduction is to be made even though the employee's rights under the plan are forfeitable in whole or in part. Such a contribution is to be con- sidered to be made on behalf of the taxpayer even though a portion of it is used to provide survivor benefits for his beneficiaries. Pro- posed section 219(b)(2) f'urther provides that the amount of any such contribution is to be determined under regulations prescribed by the Secretary or his delegate. For this purpose, this amount is to be determined under the rules that have been prescribed for purposes of determining the portion of a total distribution frmm a quatified pensio~ annuity,profit-sharing, or stock bonus plan that is consid- ered to consist of employer contributions and therefore is not to be - 22 - treated as long-term capital gain. The second sentence of proposed section 219(b)(2) provides that for purposes of computing the reduction on account of employer contributions to qualified pension, etc., plans, a taxpayer may choose to treat as the amount of any such contributions by any employer during the taxpayer's taxable year 7 percent of his earned income for such year which is attributable to the performance of personal services for such employer. it may be readily This choice is to be available even where demonstrated that the actual employer contribu- tions to such plans on behalf of the taxpayer exceed 7 percent of such earned income. Paragraph (3) of proposed section 219 (b) provides special rules for determining the limitation under proposed section 219(b) in the case of a married individual. For this purpose, the marital status of an individual is to be determined under the rules provided in section 153 of the code. In the case of a married couple, each spouse is to compute the limitation under proposed sect ian 219(b) only with regard to his own earned income and only with regard to employer contributions on his behalf to qualified pension, etc., plans. For this purpose, contributions by the employer of one spouse to such a plan are not to be considered to be made on behalf of the other spouse by reason of the latter spouse's rights under the plan upon the death of the former spouse. The second sentence of proposed section 2l9(b)(3) provides that, for purposes of determining the limitation under proposed section 219(b), the earned income of a - 23 married individual is to be determined without regard to community property laws. Paragraph (4) of proposed section 2l9(b) defines the term "earned income" for purposes of the limitation under proposed section 2l9(b). In the case of a self-employed individual, any gross income that is earned income within the meaning of section 40l(c)(2) of the code is to be considered earned income for purposes of proposed section 2l9(b). In the case of an individual who is an employee, any gros s income that is earned income within the meaning of section 911(b) of the code is to be considered earned income for purposes of proposed section 2l9(b). The application of proposed section 219(b) may be illustrated by the following example: Example. A is an employee of the United states who partici- pates in the Civil Service Retirement system. A's taxable year is the calendar year, and for 1973, his compensation is $10,000 and the amount of his contributions to the Civil Service Retirement system is $700. The amount allowable as a deduction under proposed section 219(a) for 1973 is determined in the following manner: 1. 2. 3. 4. A's contributions to Civil Service Retirement system for 1973 Less: Tax that would be imposed for 1973 under section 3101 if compensation constituted wages (5.65 percent of $9,000) Contributions which may be taken into account under proposed section 219(a) 20 percent of the lesser of earned income for 1973 or $7,500 $ 700.00 508.50 $ 191.50 - 24 - 5. Less: reduction on account of employer contributions to Civil Service Retirement system (7 percent of $10,000) 700.00 6. Limitation under proposed section 219(b) $ 800.00 7. Amount allowable as a deduction under proposed section 219(a) (lesser of item (3) or item (6) ) $ 191.50 (b ) Individual retirement accounts. --Section 3 (b) of the bill would amend part I of subchapter D of chapter 1 of the code (relating to pension, profit-sharing, stock bonus plans, etc.) by adding thereto a new section 408. Proposed section 408 would provide rules for the establishment of qualified individual retirement accounts which individuals may utilize for saving for retirement purposes, and would also provide rules for the taxation of distributions from quslified individual retirement accounts. - 25Proposed section 408(a) Under existing law, the income derived from amounts saved by an individual for retirement purposes is currently includable in his gross income. On the other hand, no tax is ordinarily imposed upon any of the income derived from both employer and employee contributions to a qualified pension, profit-sharing, or stock bonus plan. Proposed section 408(a) provides that if certain requirements are satisfied, a trust, custodial account, or other similar arrangement created or organized in the United States is to constitute a qualified individual. retirement account. For this purpose, the term "other similar arrangement" includes accounts with firms which are members of stock exchanges, deposit arrangements with financial institutions, and other arrangements whereby one person has legal awnership or custody of property belonging to another person. Any such arrangement must be evidenced in writing. Paragraph (1) of proposed section 408(a) provides that an ind.i vidual retirement account is not to constitute a qualified individ- ual retirement account unless it is maintained for the purpose of distributing to the individual who established it, his spouse, or his beneficiaries, the contributions to such account and the income derived from such contributions. Distributions from such an account may be in the form of money, property, or services, and the payment of an expense (such as a health insurance premium) on behalf of a beneficiary is to be considered a distribution to such beneficiary. - 26 Such an account is to be considered to be maintained for the purpose of distributing the contributions to such account and the income derived from such contributions to the individual who established it, his spouse, or his beneficiaries even though it includes life or disability insurance features if they are incidental to the purpose of providing benefits in a manner which satisfies proposed section 408 (a)(5). Paragraph (2) of proposed section 408(a) provides that, except as provided in proposed section 408(b)(1) (relating to transfer of assets between qualified individual retirement accounts) and proposed section 408(b)(2)(relating to special rules for limitation on contributions to qualified individual retirement accounts), an individual retirement account is not to constitute a qualified individual retirement account unless the document evidencing it specifically provides that contributions to such account ~ be made only by the individual who established it or his spouse and that the amount of the contributions to such account by such individual or his spouse during any taxable year may not exceed the limitation provided by proposed section 2l9(b) for such taxable year, or if both spouses contribute, the sum of such limitation with respect to e~~spoueer - 27 - Paragraph (3) of proposed section 408(a) provides that, except as provided in proposed section 408(b)(3) (relating to use of common trust funds) the assets of a qualified individual retirement account may not be commingled with the other property of the individual who established it or his spouse. Proposed section 408(a)(3) also provides that such assets must be held in trust by, or in the custody of, a bank (as defined in section 40l(d)(1) of the code), a credit union described in section 50l(c)(14) of the code, or other person (such as, for ex- ample, a fir.m which is a member of a stock exchange or a civic organization) who demonstrates to the satisfaction of the Secretary or his delegate that the manner in which he will hold or have custody of such assets will be consistent with the requirements of proposed section 408(a)(3) and that he will satisfy any other requirements imposed upon by the applicable provisions of the code. Proposed section 408(a)(4) provides that, except as otherwise provided in proposed section 408(b)(1) (relating to transfer of assets - 28 between qualified individual retirement accounts), the document evidencing a qualified individual retirement account must provide that no benefits may be paid to the individual who established such account, except in the case of his becoming disabled (within the meaning of section 72(m)(7) of the codeh before he or his spouse attains the age of 59-1/2 years. For purposes of proposed section 408(a)(4), amounts included in gross income under section 72(m)(3)(B) of the code (relating to inclusion in gross income of amounts applied to purchase insurance protection) are not to be treated as distributions. l~fe Pro- posed section 408(a)(4) does not preclude the distribution of benefits to the estate or other beneficiary of a deceased individual who established a qualified individual retirement account before the time he would have attained age 59-1/2 if he had lived. Paragraph (5) of proposed section 408(a) provides that the document evidencing a qualified individual retirement account must provide that the entire interest (that is, the contributions to such account and the income derived from such contributions) of the individual who established such account will be distributed to him not later than the last day of his taxable year in which he attains the age of 70-1/2. Alternatively, such document may provide that such interest may be distributed periodically commencing no later than the last day of such taxable year over the life of such individual or the lives of such individual and his spouse or over a period not extending beyond the life expectancy of such individual or the life expectancy of such - 29-indi vidual and h:L:; spouse. T!~ i:'l!"";:!:l j.l'cUv::'..d.~l.:;U! s -2ntire Llterest is distributed in the form of an arn11Ii ty contraet, the re quirements of proposed section 408(a) (5) are sattc':'ied if the distribution of such contract takes place before tLe :::..st df.~'- of' ~=-:le taxabl.e year in which such individual attains the age of 70-1/2 and if such interest is to be paid over a period a.llowable under proposed section L~o8 (a) (5) • Paragraph (6) of proposed sectioD 1.,.08(a) :r:;Tovides that if any of the contributions to a qualified hdi'riCiual ret:trement account may be used for the purchase of annuity or sim:Uar contra.cts issued by 8. life insurance company, the document evidencing such account must pro-vide that any refunds of prerr.iU1ll.s and any amounts in the nature of a di vidend or similar distribution must be held by the issuer of the contract with respect to Wllich such refund of premiums or such dividend or similar distributi.on arises, and may be applied only toward the payment of future premiums under such contract or toward the purchase of additional similar benefits. Proposed section 408(b)(1) Proposed section 408(b)(1) pro\~des that the limitation on contributions to a qualified individual retirement account under proposed section 408(a)(2) and the prohibition against payment of benefits from such an accolmt under proposed 2ection 4-08 (a) (4) are not to prevent the contribution to a qualified indi-ridual retirement account of amounts which are distributed from a..l1other queJ.ifiec1 in:.'i.i vidual retirement for - 30 the benefit of the same taxpayer or the same taxpayer and his spouse (or from a qualified pension, etc. plan to the extent attributable to amounts deducted by the taxpayer under proposed section 219(a)), and to which proposed section 72(p) (relating to premature distributions from qualified individual retirement accounts) would apply if such amounts were not so contributed. Thus, a qualified individual retire- ment account may permit the contribution of amounts exceeding the limitation of proposed section 219(b) but only to the extent that such amounts consist of distributions from. another qualified individual retirement account or so much of the employee contributions (and the income derived from such contributions) to a qualified pension, annuity, profit-sharing, or stock bonus plan with respect to which a deduction was allowed under proposed section 219(a). Proposed section 408(b)(2) Proposed section 408(b)(2) provides that, under regulations prescribed by the Secretary or his delegate, rules similar to the rules provided in section 401(e)(2) of the code (relating to effect of excess contribution on behalf of owner-employees) and section 401(e)(3) of the code (relating to contributions for premiums on annuity, etc., contracts) are to apply to contributions to a qualified individual retirement account to the extent necessary to carry out the purposes of proposed section 408. Thus, if the contributions during any taxable year to such an account are not fUlly deductible under proposed section 219(a) (because they exceed the limitation of proposed section 219(b)), the account is to be considered as not meeting the requirements of proposed section 408(a) for such taxable year and all succeeding taxable years unless such excess (and the income derived therefrom) is repaid to the taxpayer before the close of the 6-month period beginning on the day on which the Secretary or his delegate sends notice to the person to whom such excess was paid of the amount of such excess and the income derived therefrom. In addition, if a contribution exceeding the limitation of proposed section 219(b) is determined to have been willfully made, the taxpayer's interest in all individual retirement accounts is to be distributed to him, and any individual retirement account established by him during his taxable year in which such excess contribution is made and the 5 succeeding taxable years is not to be considered a qualified individual retirement account. The foregoing rules are not to apply to contributions to a qualified individual retirement account if, under the document evidencing such account, such contributions must be applied to pay premiums or other consideration for one or more annuity, endowment, 'or life insurance contrac~on the life of the individual making any such contribu- tion and if the amount of such contributions does not exceed the limitation under proposed section 2l~(b) for the first 3 taxable years preceding the year in which the last such contract was issued. Thus, for example, if an individual who has earned income of $6,000 per year for a 3-year period purchases through a qualified individual - 32 retirement account a life insurance policy on which the annual premium is $1,200 (that is, 20 percent of $6,000), he may continue to contribute the amount of the premirun annually even though his earned income falls below $6,000. However, amounts which may be contributed under this exception are to be deductible only to the extent that they do not exceed the limitation of section 2l9(b). Proposed section 408(b)(3) Proposed section 408(b)(3) provides that the prohibition against the commingling of assets of a qualified individual retirement account with the other property of the individual who established it or his spouse under proposed section 408(a)(3) is not to prevent the investment of such assets in a common trust fund even though such individual or his spouse may be beneficiaries of a trust participating in such common trust fund. Likewise, the fact that an individual or his spouse has an account with a firm which is a member ofa stock exchange is not, in and of itself, to prevent the establishment by such individual of a qualified individual retirement account with such firm. Proposed section 408(c) Proposed section 408(c) provides that, for purposes of subchapter F of chapter 1 of the code (relating to exempt organizations) and subtitle F of the code (relating to procedure and administration), a qualified individual retirement account is to be treated as a trust described in section 401(a) of the code which is part of a plan providing contributions or benefits for employees some or all of whom - 33 are owner-employees (as defined in section 401(c)(3) of the code), the individual who established such account and his spouse are to be treated as oYnler-employees for whom such contributions and benefits are provided, and the person holding or having custody of the assets of such account is to be treated as the trustee of such trust. Thus, the income derived from contributions to such an account is to be exempt from tax except to the extent that such income constitutes unrelated business taxable income to which the tax imposed by section 511(b) of the code applies. In addition, the requirements for exemption set forth in section 503 of the code, including the additional requirements of section 503(g) of the code (relating to trusts benefiting certain owner-employees'h.a.:re~ to appl.w- in a:eti:rminid@,tilhmt~r&:such exempt under section 5Ql(a) of the code. Moreove~ an account is the provistons of sec- tion 6033 of the code (relating to returns by exempt organization~ and section 6047 of the code (relating to information relating to certain trusts and annuity and 90nd purchase plans) are also to apply, and the person holding or having custody of the assets of such an account must file the information returns and other material required under those provisions. Since a qualified individual retirement account is not to be treated as a trust described in section 401(a) for purposes of subtitle B of the code (relating to estate and gift taxes), the exclusions provided by section 2039(c) of the code (relating to annuities under certain trusts and plans) and section 2517 (relating to certain - 34 annuities under qualified plans) are not to apply with respect to transfers of interests in a qualified individual retirement account. Proposed section 408(d)(1) Paragraph (1) of proposed section 408(d) provides that, except as provided in proposed.section 408(d)(2), amounts actually distributed or made available to any beneficiary by a qualified individual. retirement account are to be taxable to h:iln, when so distributed or made available, to the extent provided in section 72 of the code (relating to annuities). Proposed section 408(d)(2) Proposed section 408(d)(2) provides that proposed section 408(d) (1) is not to apply to any amount distributed or· made available by a qualified individual retirement account to the individual. who established it to the extent that, within 60 days after the day on which such amount is distributed or first made available, such amount is contributed to a qualified individual. retirement account for the benefit of such individual or such individual and his spouse. Thus, if an individual who established a qualified individual. retirement account desires to change the funding medium and such change requires a distribution from such account and a contribution of the amount distributed to another such account, no tax is to be :ilnposed on the amount distributed if the recontribution occurs within 60 days of such distribution. The exception provided by proposed section 408(d)(2) is not to - 35apply to ~lY individual amount distributed or made available by a qualified retire~ent account pursuant to provisions of the docu- ment evidencing such account which are intended to satisfy the requirements set forth in paragraph (5) of proposed section 408(a). Thus, for example, if an individual who established a qualified individual retirement account to provide an annuity beginning,when he attains the age of 70 years, any distributions received from such account are includable in his gross income to the extent provided in section 72 of the code, notwithstanding the fact that such amounts are contributed to another qualified individual retirement account for his benefit. Proposed section 408(d)(3) Proposed section 408(d)(3) pr0vides that, under regulations prescribed by the Secretary or his delegate, an individual establishing a qualified individual retirement account is to be treated as an owner-employee (as defined in section 401(c)(3) of the code) for purposes of applying the provisions of paragraphs (1), (2), (3), and (4) of section 72 (m) of the code (relating to special rules applicable to employee annuities and distributions under employee plans). Thus, amounts received from such an account before the annuity starting date which are not received as an annuity are to be included in the recipient's gross income for the taxable year in which received to the extent that such amounts, plus all amounts previously received from any such account and includible in gross - 36 income do not exceed the aggregate contributions to any such account which were allowed as deductions under proposed section 2l9(a) Any amounts so received which are not includible in gross income under the preceding sentence are to be subject to the provisions of section 72(e) of the co~e (relating to amounts not received as annuities) and are therefore to be included in gross income only to the extent that they exceed the individual's investment in the contract. The foregoing rules are not to apply, and no amount is to be included in gross income, to the extent that any amount otherwise includable in gross income is contributed to another qualified individual retirement account. Moreover, for purposes of computing the investment in the contract, amounts allowed as a deduction under proposed section 2l9(a) and any portion of the premiums or other consideration for the contract which is p~operly allocable to the cost of life, accident, health, or other insurance are not to be taken into account. In this regard, any contribution to a qualified individual retirement account which is allowed as a deduction under proposed section 2l9(a) and any income of such account which is applied to purchase the life insurance protection lli~der any retirement income, endowment, or other life insurance contract is includible in the gross income of the individual who established such account for the year in which so applied. In the case of the death of such individual, an amount equal to the cash surrender value of such contract immediately before - 37 - his death is to be treated as a distribution by such account, and the excess of the amount payable by reason of such individual's death over such cash surrender value is not includible in gross income and is to be treated in the manner provided in section 101 of the code (relating to certain death benefits). If an individual who establishes a qualified individual retirement account assigns or pledges (or agrees to assign or pledge) any portion of his interest in such account, such portion is to be treated as having been received by such individuaL as a distribution fram s~ch account for his taxable year in which such assignment, pledge, or agreement occurs. If the assets of a qualified individual retirement account include any life insurance contract, and the individual who established such account receives, directly or indirectly, any amount fram the issuer of such contract as a loan under such contract, such amount is to be treated as an amount received under such contract. Thus, such an individual is to be considered to have received an amount under such a contract, if a premium which is otherwise in default is paid by the issuer of such contract in the form of a loan against the cash surrender value of such contract. Proposed section 408(e) Proposed section 408(e) provides that section 72(n) of the code (relating to treatment of total distributions), section 402(a)(2) of the code (relating to capital gains treatment for certain distributions fram exempt employees' trust), and section 403(a)(2) of the code - 38 (relating to capital gains treatment for certain distributions under qualified annuity plans) are not to apply to any amount distributed or made available by a qualified individual retirement account. Thus, no part of any such amount is to be treated as gain from the sale or exchange of a capital asset, and the tax imposed by section 1 on any such amount is not to be limited under section 72(n). (c) Treatment of distributions from qualified individual re- tirement accounts.--Section 3(c) of the bill would amend section 72 of the code (relating to annuities) to provide rules for the taxation of distributions from qualified individual retirement accounts. Paragraph (1) of section 3(c) would add a new subsection (p) to section 72 imposing a 30 percent penalty on the receipt of premature distributions from such accounts. Paragraph (2) would revise the rules for determining an employee's investment in the contract where his contributions have been allowed in whole or in part as a deduction under proposed section 2l9(a). Paragraph (3) would amend sec- tion 72(m)(1) of the code to provide rules for distributions from qualified individual retirement accounts before the annuity starting date. Taxation of premature distributions--proposed section 72(p) Paragraph (1) of proposed section 72(p) provides that the penalty imposed by proposed section 72(p)(2) is to apply to (i) any distribution from a qualified individual retirement account and (ii) any amount received from a qualified trust (described in section 401 - 39 - (a) of the code) or under a qualified annuity plan (described in section 403(a) of the code), but only to the extent that such amount is attributabl~ to amounts with respect to which a deduction was allowed under proposed section 219(a) which distribution or amount is in- cludible in gross income and is received by the individual who established such account or who was allowed such deduction (or by the spouse of such individual) before he or his spouse attams the age of 59-1 / 2 years, for any reason other than his becoming disabled (within the meaning of section 72(m)(7) of the code). However, the penalty imposed by proposed section 72(p)(2) is not to apply to the extent that such distribution or amount is contributed, within 60 days after the date on which it is distributed or made available, to a qualified individual retirement account for the benefit of such individual or such individual and his spouse. Moreover, this penalty is not to apply to amounts· distributed or made available to the estate or other beneficiary of a deceased individual before the time he would have attained age 59-1/2 if he had lived. The extent to which any such distribution is includible in gross income and therefore subject to the penalty imposed by proposed section 72(p)(2) is to be determined under proposed section 408(d) and section 72(m)(1) of the code (relating to certain amounts received before annuity starting date). Paragraph (2) of proposed section 72(p) provides that if an individual is required to include in his gross income for any taxable year an amount to which proposed section 72 (p) applies, there is to be imposed an additional tax for such taxable year equal to 30 percent of such amount. The only credits by which the tax imposed by - 40 - proposed section 72(p)(2) may be reduced are the credits allowed by section 31 of the code (relating to tax withheld on wages) and section 39 of the code (relating to certain uses of gasoline and lubricating oil). In addition, such tax is not to be treated as tax imposed by chapter 1 of the code for purpose3 of section 56 of the code (relating to imposition of minimum tax for tax preferences). Investment in the contract--sections 72(c)(1)(A) and 72(d)(2) Section 72(c)(1) of the code now.defines the term "investment in the contract" as of the annuity starting date as the excess of the aggregate amount of premiums or other consideration paid for the contract over the aggregate amount received under the contract before the annuity starting date to the extent such amount was excludable from gross income. Paragraph (2)(A) of section 3(c) of the bill would amend subparagraph (A) of section 72(c)(1) to provide that the investment in the contract is to be determined only with regard to premiums and other consideration for which no deduction was allowed under proposed section 219(a). Thus, amounts contributed by an employee to a qualified pension, annuity, profit-sharing, or stock bonus plan are to be disregarded in determining the employee's investment in the contract to the extent such amounts were deducted under proposed section 2l9(a). Section 72(d)(2) of the code provides special rules for applying section 72(d)(1) of the code, which permits an employee receiving bene- - 41 - fits under a plan to which both the employer and the employee have contributed to exclude from his gross income all amounts received as an annuity until there has been so excluded an amount equal to the employee r S investment in the contract, but onl;yr if the amounts receivable by the employee during the 3-year period beginning when the first such amount is received equals or exceeds the employee's investment in the contract. Paragraph (2) (B )of section 3 ( c) of the bill would add a new subparagraph (C) to section 72(d)(2) to provide that, for purposes of section 72(d)(l) of the code, any contribution made with respect to the contract is not to be treated as consideration for the contract contributed by the employee to the extent that a deduction was allowed under proposed section 2l9(a) for such contribution. Amounts received before annuity starting date--section 72(m)(1) Under section 72(e)(1)(B) of the code, if an amount is not received as an annuity and is received before the annuity starting date, such amount is to be included in gross income only to the extent that it (when added to amounts previously received under the contract which were excludable from gross income) exceeds the aggregate premiums or other consideration paid. The effect of this provision is to permit the tax-free recovery of the amounts contributed by an employee. How- ever, section 72(m)(1) of the code now provides that if an amount is not received as an annuity and is received before the annuity starting date, such amount is to be included in gross income to the extent that such amount, plus all amounts previously received under the contract and includible in gross income do not exceed the aggregate premiums or - 42 - other consideration paid while the employee was an owner-employee (as defined in section 401(c)(3) of the cod~which were allowed as deductions under section 404 of the code (relating to deduction for contributions of an employer to an employees I trust or annuity plan). The combined effect of sections 72(m)(1) and 72(e)(1)(B) is to provide that distributions before the annuity starting date which are not received as an annuity are considered to consist, first, of amounts deductible under section 404 of the code while the employee was an owneremployee; second, of amounts contributed by him which were not deductible; and last, of the balance of his interest. Section 3(c)(3) of the bill would amend section 72(m)(1) of the code to extend the treatment which now applies where contributions on behalf of an employee were allowed as deductions under section 404 while he was an owner-employee to the situation where contributions by an employee to a qualified pension, etc., plan which are allowed as deductions under proposed section 219(a). (d) Excise tax on excessive accumulaGions.--Section 3(d) of the bill would amend subtitle D of the code (relating to miscellaneous taxes) by adding at the end thereof a new chapter 43 and new section 4960. Proposed section 4960 would impose an annual excise tax of 10 percent of the excess of the assets of a qualified individual retirement account over the present value of the expected distributions by such account. - 43 Proposed se£tion 4g60(a) Proposed section 4960(a) imposes for each taxable year of a qualified individual retirement account on the assets of such account an excise tax equal to 10 percent of the excessive accumulation in such account for such taxable year (as defined in proposed section 4g60(b)). The tax imposed by proposed section 4g60(a) is to apply only for taxable years beginning after the taxable year in which any individual who contributed to such account attains the age of 70-1/2 years. For purposes of proposed section 4g60, the taxable year of a qualified individual retirement account is the taxable year of the individual who established such account. Prgposed section 4g60(b) Proposed section 4g60(b) provides that the excessive accumulation in a qualified individual retirement account for any taxable year of such account is the excess (if any) of (i) an amount equal to the value of the assets of such account at the beginning of such taxable year, over (ii) the present value (determined in accordance with regulations prescribed by the Secretary or his delegate) as of tbe~bBgiDping of such taxable year of an immediate annuity payable to the individual who established such account (or, if he is married, an immediate joint and survivor annuity payable to him and his spouse) providing for an annual payment payable at the beginning of each year in an amount equal to the total amount actua.lly distributed by such account to such individual (and, if he is married, his spouse) during such taxable year. - 44 - (e) Conforming amendments. --Section 3 (e) of the bill would make conforming amendments to section 62 of the code (relating to definition of adjusted gross income), section 805(d)(1) of the code (relating to definition of pension plan reserves), section 1302(a)(2)(A) of the code (relating to definition of averagable income), and section 1348(b)(1) of the code (relating to defiriition of earned income). Par~raph (1) of section 3(e) of the bill would amend and add a new paragraph (10) to section 62, providing that the deduction allowed by proposed section 219(a) adjusted gross income. i~ to be allowed in determining Accordingly, this deduction would be allowed whether the taxpayer elects to use the standard deduction or to itemize his deductions. Paragraph (2) of section 3(e) of the bill would add a new subparagraph (E) to section 805(d)(1), extending to life insurance reserves allocable to contracts purchased under contracts entered into with qualified individual retirement accounts the treatment presently applicable to life insurance reserves allocable to contracts purchased under contracts entered into with qualified pension, etc., plans. Paragraph (3) of section 3(e) of the bill would amend section 1302(a)(2)(A) to provide that averagable income is to be determined by reducing taxable income for the computation year (as defined in section 1302(c)(1) of the code) by any amount to. which the additional tax imposed by proposed section 72(p)(2) applies. As a result, the tax imposed on any such amount by section 1 of the code would be determined with regard to the benefits of income averaging. Para- graph (4) of section 3(e) of the bill would amend section 1348(b)(1) - 45 to provide that the term "earned income" does not include any amount to which the additional tax imposed by proposed section 72(p)(2) applies. (f) Clerical amendments.--Section 3(f) of the bill would amend the tables of sections for part VII of subchapter B of chapter 1 of the code and part I of subchapter D of chapter 1 of the code, and the table of chapters for subtitle D of the code to reflect the enactment of proposed section 219, proposed section 408, and proposed chapter 43, respectively. (g) Effective date.--Section 3(g) of the bill provides that the amendments proposed to be made by section 3 are to apply to taxable years ending after the date of enactment of the bill. Section 4. Contributions on Behalf of Self -Employed Individuals and Shareholder-Employees of Electing Small Business Corporations. (a) Contributions on behalf of self-employed individuals--(l) Special limitations for self-employed individuals. Section 4(a)(1) of the bill would amend section 404(e) of the code (relating to special limitations for self-employed individuals) by revising paragraphs (1) and (2)(A) thereof and by adding thereto a new paragraph (3). Pro- posed paragraphs (1) and (2)(A) of section 404(e) would permit a selfemployed individual to make deductible contributions to a qualified pension, annuity, or profit-sharing plan at the rate a~ which contribu- tions are made on behalf of other participants in such plan (but not in excess of 15 percent) with respect to so much of his earned income as does not exceed $50,000. Proposed section 404(e)(3) would provide rules for adjusting this limitation in respect of forfeitures under such plans. - ~ - Proposed section 404(e)(1) Section 404(e)(1) of the code now provides that, in the case of a qualified pension, annuity, or profit-sharing plan which provides contributions or benefits for employees some or all of whom are employees within the meaning of section 401(c)(1) of the code (i.e., selfemployed individuals), the amounts deductible under section 404(a) of the code in any taxable year with respect to contributions on behalf of any employee within the meaning of section 401(c)(1) of the code are subject to the provisions of section 404(e)(2) of the code (relating to limitation where contributions are made under more than one plan) not exceed $2,500, or 10 percent of the earned income (as defined in section 401(c)(2) of the code) derived by such employee from the trade or business with respect to which the plan is established, whichever is the lesser. As proposed to be amended, section 404(e)(1) would provide that the amounts deductible in any taxable year with respect to contributions to a qualified pension, annuity, or profit-sharing plan on behalf of any self-employed individual are, subject to the provisions:ef section 404(e)(2) (as proposed to be amended), not exceed the product of (i) so much of the earned income (as defined in section 401(c)(2) of the code) derived by such individual from the trade or business with respect to which the plan is established as does not exceed $5 0 ,000, and (ii) a rate which does not exceed 15 percent. In general, this rate is not to exceed the lowest rate at which contributions (including, in the case of a plan benefiting owner-employees (as defined in section 401(c)(3) of the code), amoLmts which are treated as contributions pursuant to section 401(d)(6) of the code (relating to integration of plans benefiting owner-employee s with social secm i ty) ) are paid or accrued on behalf of any participant in the plan who is not ,an employee within the meaning of section 401(c)(1). In the case of a plan which is integrated with social security and which does not benefit owner-employees, this rate is to be determined without regard to compensation not in excess of the integration level of the plan and without regard to contributions with respect to such compensation. Proposed section 404(e)(2)(A) Section 404(e)(2)(A) of the code now provides an overall limitation on the amounts deductible with respect to contributions under two or more plans on behalf of an individual who is an employee wi thin the meaning of section 401 ( c )( 1) of the code with re spect to such plans. In such a case, the amounts deductible are not to exceed $2,500, or 10 percent of the earned income derived by such individual from the trades or businesses with respect to which the plans are established, whichever is the lesser. As proposed to be amended, section 404(e)(2)(A) would provide that the amounts deductible in such a case are not to exceed the product of (i) so much of the earned income derived by such individual from the trades or businesses with respect to which the plans are established as does not exceed $50,000, and (ii) a rate which does not exceed 15 percent. In general, this rate is not to exceed the - 48 lowest rate at which contributions (including amounts which are treated as contributions pursuant to section 40l(d)(6) of the code) are paid or accrued under any of such plans on behalf of any participant in such plans who is not an employee within the meaning of section 40l(c)(1) of the code. If any of such plans is integrated with social security and does not benefit owner-employees, this rate is to be determined without regard to compensation not in excess of the integration level of the plan and without regard to contributions with respect to such compensation. Proposed section 404(e)(3) Proposed section 404(e)(3) provides rules for the application of paragraphs (1) and (2) of section 404(e) of the code with respect to plans in which forfeitures arise. In such a case, the limita- tion on the deduction allowable under section 404(a) of the code otherwise determined under paragraph (1) and (2) with respect to any employee within the meaning of section 401(c)(1) for any taxable year is to be reduced by the amount of any forfeitures credited to his account. For purposes of proposed section 404(e)(3), forfeitures used to reduce the employer's contributions on behalf of all employees (including employees within the meaning of section 401(c)(1) of the code) under the plan are not to be considered to have been credited to the account of any employee. (2) Excess contributions on behalf of owner-employees.--Sec- tion 4(a)(2) of the bill would amend section 401(e) of the code (relating to excess contributions on behalf of owner-employees) to conform to section 404(e) as proposed to be amended by section 4(a)(1) of the bill. Subparagraph (A) would increase the limitations under section 401(e)(1)(B) on the amount that an owner-employee may make as an employee (Le., on a nondeductible basis). Subparag-raph (B) would increase the limitation under section 401(e)(3) on the total amount which may ·be contributed to two or more fully-insured plans without regard to the general limitations provided by section 401(e)(1). Contributions made as an employee--sections 401( e) (1) (B)( iii) and (iv) Section 401(e)(1)(B)(iii) of the code now provides that the term "eX1!ess contribution" includes, with respect to a plan under which contributions are made on behalf of employees other thaa_owner-employees, the amount of any contribution made by an owner-employee (as an employee) which exceeds the lesser of $2,500 or 10 percent of the earned income for the taxable year derived by such owner-employee from the trade or business with respect to which the plan is established. Section 401(e)(1)(B)(iv) of the code now provides that the term "excess contribution" includes, in the case of an individual on whose behalf contributions are made as an owner-employee under more than one plan under which contributions are made on behalf of employees other than owner-employees, the amount of any contribution, made by such ower-employee (as an ,employee l-tmder .all ~sucll. plans which exeeeds t$2, 500. - 50 Section 4(a)(2)(A) of the bill would amend section 401(e)(1)(B) (iii) to increase the limitation on contributions made by an owneremployee (as an employee) to 10 percent (the maximum rate under Internal Revenue Service rulings at which employees may contribute to a qualified pension, etc., plan) of so much of the earned income for the taxable year derived by such owner-employer from the trade or business with respect to which the plan is established as does not exceed $50,000. Section (a)(2)(A) of the bill would also amend section 401(e)(1)(B)(iv) to increase the limitation on contributions made by an owner-employee (as an employee) to more than one plan to $5,000. Fully-insured plans--section 401(e)(3) Section 401(e)(3) of the code provides that a contribution on behalf of an owner-employee is not to be considered an excess contribution within the meaning of section 404(e)(1) of the code if under the plan such contribution is required to be applied to pay premiums or other consideration for one or more annuity, endowment, or life insurance contracts on the life of such owner-employee and if the amount of such contribution does not exceed the average of the amounts which were deductible under section 404 of the code with respect to contributions made by the employer on behalf of such owner-employee under the plan for the first 3 taxable years preceding year in which the last such contract was issued. 4 - 51 This exception does not apply in the case of an individual on whose behalf such contributions are made under more than one plan as an owner-employee if the amount of all such contributions exceeds $2,500. Section 4(a)(2)(B) would amend the second sentence of sec- tion 40l(e)(3) to increase this limitation to $7,500. (3) Penalties applicable to certain amounts received by ownerempl0yees.--Section 4(a)(3) of the bill would amend section 72(m)(5) (B)(i) of the code to increase fram $2,500 to $7,500 the amounts described in section 72(m)(5)(A) of the code (generally, amounts received by an owner-employee before he attains the age of 59-1/2 (for any reason other than his becoming disabled), amounts received by an owner-employee in excess of the benefits provideq for him under the plan formula, and amounts received by reason of a wilfully made excess contribution) which must be received in any year for the penalty imposed by section 72(m)(5)(B) of the code to apply. If such amounts do not equal or exceed $7,500, the penalty imposed by section 72(m) (5)(C) of the code is to apply. (b) Contributions on behalf of shareholder-employees of elect- ing small business corporations.--8ection 4(b) of the bill would amend,section l379(b)(1) of the code (relating to taxability of shareholder-employee beneficiaries of qualified pension, etc., plans) to increase the amount of the contributions paid by an electing small business corporation on behalf of a shareholder-employer (an employee or officer who owns (or is considered as owning within the meaning of section 318(a)(1))of the cod~ more than 5 percent of the outstanding -~- stock of the corporation) which may be excluded from his gross income. Section 1379(b)(1) now provides that the excess of such con- tributions for any taxable year of the corporation over the lesser of (i) 10 percent of the compensation received or accrued by the shareholder-employee from such corporation during its taxable year or (ii) $2,500 must be included in his gross income for his taxable year in which or with which the taxable year of the corporation ends. As proposed to be amended, secti~n 1379(b)(1) would provide that contributions on behalf of a shareholder~employee are to be included in his-gross income only to the extent that they exceed the product of (i) so much of the compensation otherwise received or accrued by him from the corporation during its taxable year as does not exceed $50,000, and (ii) a rate which does not exceed 15 percent. This rate is not to exceed the lowest rate at which contributions are paid or accrued on behalf of any employee who is not a shareholder-employee. In the case of a plan which is integrated with social security, such lowest rate is to be determined without regard to compensation not in excess of the integration level of the plan and without regard to contributions with respect to such (c) campensatio~ Effective date.--Section 4(c) of the bill provides that the amendments proposed to be made by section 4 of the bill are to apply with respect to taxable years beginning after December 31, 1972, or, • ~3 if a taxpayer chooses, with respect to taxable years ending after December 31, 1972. Such choice is to be indicated by amending a plan to conform to the applicable provisions of the code, as proposed to be amended by the bill. The Department of the SHINGTON. D.C. 20220 TREASURY TElEPHONE W04-2041 FOR IMMEDIATE RELEASE May 11, 1972 TREASURY ISSUES COUNTERVAILING DUTY PROCEEDING NOTICE ON X-RADIAL STEEL BELTED TIRES FROM CANADA Assistant Secretary of the Treasury Eugene T. Rossides announced today the issuance of a countervailing duty proceeding notice covering X-radial steel belted tires from Michelin Tires Manufacturing Company of Canada Ltd. The notice states that the Treasury has received information which raises a question whether Michelin Tires Manufacturing Company of Canada Ltd. receives certain payments upon the manufacture, production, or exportation of X-radial steel belted tires, which constitute the payment or bestowal of a "bounty or grant" within the meaning of the United States countervailing duty law. If this is found to be the case, the imports in question would be subject to an additional (countervailing) duty equivalent to the net amount of the bounty or grant. The notice invites submission of comments in time to be received 30 days from the date of publication in the Federal Register. It is scheduled to be published on May 12, 1972. If the Treasury finds that bounties or grants are being paid or bestowed within the meaning of the countervailing duty law, it will issue a countervailing duty order proclaiming the amount of countervailing duties to be assessed on imports of X-radial steel belted tires from Michelin Tires Manufacturing Company of Canada Ltd. The countervailing duty would become effective 30 days after publication of the order in the Customs Bulletin. During the period December 1971 through April 1972, imports of X-radial steel belted truck tires from Michelin Tires Manufacturing Company of Canada Ltd. totaled slightly more than $3,300,000. 000 The Department of the iHINGTON, D.C. 20220 TREASURY TELEPHONE W04-2041 FOR I~1Mm IATE RELEASE DECISION ON May 11, 1972 TURELESS TIRE VALVES FROM WEST GERMANY UNDER THE MJT IDUtvlP ING ACT FI~JlSHED The Treasury Department announcAd today thA isslJance of a tAntativA determination of no sales at less than fair value in connection with its antidumrino investiaation of finished tubeless tire valves from West Germany. The notice wi I I be publ ished in the Federal Reqister on May 12, 1972. Information qathered in this investiqation showed that the price to buyers in the home market and third country markets, as appropriate, was lower than the price to buyers in the United States. Appraisement of the above described merchandise from West Germany has not been withheld. Durinq the period from January 1971 throuqh December 1971. imports of finished tubeless tire valves from West Germany were valued at approximately $465,000. # # # The Department of the 'ASHINGTON, D.C. 20220 TREASURY TELEPHONE W04-2041 FOR RELEASE ON DELIVERY REMARKS OF THE HONORABLE EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS) before the FIFTY-FOURTH ANNUAL MEETING OF THE AMERICAN ORDNANCE ASSOCIATION THE WASHINGTON HILTON, WASHINGTON, D.C. May 11, 1972 7:30 p.m. The Role of International Trade and the Doctrine of Fairness in president Nixon's Program to Achieve Peace With Prosperity It is a special privilege to represent Secretary of the Treasury John B. Connally before this assemblage of distinguished and dedicated Americans. I bring you his greetings and his deep appreciation for the honor you have conferred on him by the award of the Baruch Gold Medal. The theme of your seminar this year -The Strategic and Economic Role of the United States in Free World Security -- is particularly appropriate in view of current events. This meeting comes at a critical juncture in strategic and economic developments for our nation and also for our Free World allies. C-307 - 2 The president this week, with courage and statesmanship, took decisive steps to attenuate North Vietnam's undisguised invasion of South Vietnam. The president's decisions were actions which responsible leadership had to take, not only to protect our residual forces in Vietnam, but also to preserve the credibility of our support for independent Free World countries elsewhere in Southeast Asia as well as in the Middle East and Europe. At today's critical point in world affairs, I am especially glad to be here tonight among so many leaders of our nation who have maintained America's military and economic strength and supported our goal of preserving independence and self-determination for small nations. Secretary Connally has asked me particularly to discuss with you the second half of your theme, the economic aspect of national security, and the tasks which that involves. Those tasks were set out by President Nixon in his historic address on August 15, 1971. "The End of the Post-War World" The President's New Economic Policy, announced that night marked a watershed in world history, not just U.S. history. The President's actions marked the end of one era "the end of the post-war world" as Secretary Connally has said -- and the dawn of a new era in international economic relationships. - 3 - The president's goals were three -- to curb inflation, to generate jobs by stimulating responsible economic growth, and to strengthen the position of the United States in the international trade and financial community. Tonight, I shall talk primarily about the U.S. position in international trade -- a Doctrine of Fairness -- with special emphasis on Treasury's role and responsibilities in this area. Why Are We in a New Era? At the end of World War II, the United States was the wealthiest, most powerful nation on earth. A large part of the world was in ruins, physically, politically, and economically, after the holocaust that it had just experienced. The United States exhibited truly unselfish and generous leadership in an effort to bring these ravaged areas back to normal. We did this in our own long-range national interest but at considerable sacrifice. It made sense for the United States to do everything possible to assist both our former allies and enemies to regain their feet. And so, we literally showered U.S. dollars and expertise on these countries. The American taxpayer accepted the burden of the nearly $150 billion in economic and military aid that was made available over the past 25 years, for he understood the relationship between a prosperous world economy and his own well-being. - 4 But conditions have changed and we now find ourselves confronted with an entirely different picture. Although the United States is still the most important free world power, it is no longer the only free world power. Other nations are again in a position to challenge us economically and politically. The United States is now one giant among several. The Long-Run Task What does this new era signify for the United States and the rest of the trading world? Essentially, the long-run task facing the United States and the world community is the creation of an international economic system which, on the basis of mutual advantage, will stimulate international trade and freer competition, draw nations and people together, and thus form the basis for a lasting peace with prosperity. Progress Made Since August 15, 1971 In his policy role as Chief Economic Spokesman for the President, Secretary Connally has already sketched in broad outline form the new policies to be followed. The domestic and international fronts, which are interdependent, have seen considerable progress in the nine months since August 15, 1971. - 5 - On the domestic side, economic activity continues to expand vigorously. Industrial production and retail sales are showing strong gains. The latest survey of plant and equipment investment in 1972 indicates an even larger increase than had been earlier expected. Overall, the Commerce Department's index of leading economic indicators remains favorable. All of this is convincing evidence that the economy is in a strong expansionary phase. the international side, the Smithsonian Agreement of December 18, 1971, was a significant breakthrough and has given the new era a substantial forward thrust. That agreement included a multi~teralrealignment of exchange rates, commitments to discuss more general reforms of the international monetary system, and commitments to begin discussions to reduce trade barriers, including some most harmful to the United States. Simultaneously with the Smithsonian Agreement, commitments were made by some of our allies to assume a larger share of the costs of common defense. On For its part, the United States agreed to recommend to the Congress that the price of gold in dollars be raised when progress had been made in trade liberalization. Further, president Nixon moved promptly to terminate the temporary 10% surcharge, effective December 20. On February 9, 1972, Secretary Connally transmitted to the Congress a draft bill providing for devaluation of the dollar by 8.5% to $38 per ounce of gold. In signing that bill into law on April 3, the president said that the basic significance of the Smithsonian Agreement and the legislation is: - 6 - " ... that it provides for continued cooperation among our allies and ourselves-and thus strengthens our unity--as we work toward an 'open world' based on a more balanced monetary system and a more equitable international trading environment." Substantive agreements have also been reached with the European Community and with Japan to remove or lower certain barriers against U.S. products and to support multilateral and comprehensive trade negotiations in 1973, meanwhile solving more immediate problems in 1972 through the GATT. The Administration will seek the necessary legislative authority for these comprehensive negotiations. Secretary Connally, in his March 15 remarks before the Council of Foreign Relations, stressed the need for an international forum or forums in which the interrelationship of all the factors affecting international economic matters--monetary, tax, and trade--can be discussed, not piecemeal, but as part of the whole endeavor to achieve economic health for all participating nations. Indeed, the international discussions of last fall, following the President's declaration of his New Economic Policy, were successful in achieving the recognition of the interrelationship between international monetary and trade matters. Accordingly, the President placed in the hands of Secretary Connally, his Chief Economic Spokesman, the broad responsibility and negotiating authority to do the job. Secretary Connally has commissioned Under Secretary Volcker to discuss with our principal trading partners the development of an appropriate forum or forums. - 7 Under Secretary Volcker has been meeting representatives of our partners in Tokyo, in Europe, and in Montreal. The result is that there is now considerable confidence that we shall soon have agreement on a forum which meets the basic criteria essential for real progress toward monetary reform in the months ahead. There has been some criticism recently in the press and elsewhere that we are so preoccupied with procedural matters that we are giving no thought to the substance of the negotiations. Nothing is further from the truth. Work has been proceeding vigorously within the Administration on the basic aspects and fundamental alternatives for the future international financial system. I would point out that there is a logical sequence for working toward monetary reform in which the basic questions before the negotiators must be defined and established before meaningful international discussions on the various alternatives can be undertaken and decisions reached. This is the key principle which must underlie any constructive negotiating process. - 8 - Doctrine of Fairness in International Trade--Abroad and at Home Abroad These are some of the accomplishments to date on the international trade front. All of the United States' efforts in international discussions have been dedicated to one objective--the establishment of a Doctrine of Fairness in International Trade. The President and Secretary notice that the United States is compete with one hand behind its fairly abroad, we must have fair markets of the world o Connally have served no longer going to back. To compete access to all the I do not mean to imply that the United States is expecting to obtain something for nothing. We recognize that some of our practices are regarded by other countries as discriminatory. But in our trade negotiations we do have a right to demand a fair bargain. We insist only on the right to compete fairly abroad. As Secretary Connally said in Munich last May: " .•. no longer will the American people permit their government to engage in international actions in which the true long-run interests of the U.S. are not just as clearly recognized as those of the nations with which we deal." The p oint he conveyed to all is that the United States can no longer stand by complacently when markets are closed to us or where the "rules of the game" seem to be rigged against us. - 9 - When our foreign friends complained about the temporary 10% additional duty adopted as part of the President's new economic program, they did not mention in their complaints the barriers they maintain against u.s. exports to their countries. These barriers take various forms--quotas no longer justified by economic factors, discriminatory taxes such as progressive taxes on horsepower directed at the export of U.S.automobiles, and discriminatory tariff arrangements such as the Common Market preferences and reverse preferences, which establish a lower tariff on the exports of Common Market members than on those of the u.s. and others into third markets, both in developing and developed countries. The Common Market--A Closing Circle? At the same time, the United States has followed an open and liberal policy in tradeo We have one of the most open markets in the world, but now one of the questions we have to ask ourselves is whether the European Economic Community, which claims to have an outward-looking policy, is not turning its gaze inward instead. Let us look at some specific recent actions by the Community. The EC has concluded preferential trade agreements with 28 countries which discriminate against thirdcountry trade. It is now in the process of negotiating similar preferential arrangements with at least four other countries: Algeria, Cyprus, Egypt, and Lebanon. At the same time, it is negotiating other agreements with Iceland and Portugal as well as with the EFTA neutrals, Austria, Finland, Sweden, and Switzerland. These negotiations presumably are being based on a free trade area in the industrial sector, with the possibility of including preferential advantages for EC agriculture in some of these markets. Is this fair trade? - LO - As the EC expands its membership from 6 to 10, the UK, Denmark, Ireland, and Norway will, of course, have to adopt the highly protectionist Common Agricultural Policy of the EC. Furthermore, the EC recently raised the support prices on corn, among other agricultural items, thereby increasing its variable or sliding levy--a levy system which incidentally is in complete contempt of accepted trading practices--against imports of U.S. corn into the EC by 11 percent. Through this variable levy system--which, at present levels, almost doubles the cost of U.S. corn to Community users--American farmers, who are more efficient producers of corn, are excluded from the EC market in favor of the less efficient European farmers. Is this fair trade? In the past few weeks, the European Community has instituted a new system of compensatory duties so as to continue to protect its domestic agricultural markets from more efficient foreign production in the face of the recent currency realignments. In so doing, the European Community did not hesitate to break the negotiated rates (to which they are bound) on some 40 million dollars' worth of trade. They did this despite the fact that it was a clear violation of the GATTu The United States has some interest in the EC's actions, for our cost of production for basic agricultural commodities approximates half of that in the Common Market. Is this fair trade? Since the post-war years, the United Kingdom, soon to become a member of the Community, has maintained quotas for balance of payments reasons on imports from the dollar area of fresh, frozen, and canned grapefruit, orange juice, and rum--this despite the fact that the balance of payments justification for these quotas has long since passed. Indeed, the British are now in balance of payments surplus, and removal of these quotas, which the United States has been seeking for over 20 years, is certainly long overdue. Is this fair trade? - 11 - Similarly, France imposed quotas several years ago for balance of payments reasons on imports of semi-conductors. Although the French authorities have liberalized these quotas over the years, an intricate licensing system inhibits our exporters from supplying the French marketo The balance of payments justification for protection has long since ceased and this obstacle to trade should have been eliminated years agoo The Community's regulations have restricted Japanese imports to 6 percent of that country's overall exports--this in contrast to the 30 percent which Japan exports to the United States. By restrictions such as these, the Common Market has literally forced the Japanese to concentrate their export drive on the United States. Now I ask: Are these the policies of an outwardlooking trading block interested in the expansion of world trade? Japan--An Open Market? Japan now has $17 billion in foreign assets reserves. We have approximately $12.5 billion. While the United States had a balance of payments deficit last year--and has had one for over 20 years--and our first trade deficit since l888--Japan had a trade surplus last year of 7.9 billion dollars, the highest in the world. This year's balance for them will be even larger since their exports are likely to run 20% above 19710 3.2 billion dollars of Japan's trade surplus in 1971 was with the United States. Many factors, in addition to UoS.policy, contributed to Japan's economic success. Japan, which was allowed to maintain quotas for balance of payments reasons when it entered GATT, still retains many of these quotas, this despite an economic recovery which is commonly - 12 - referred to as the Japanese miracle. '~dministrative guidance" by Japan which impedes our exports and focuses on their export drive to the D,S. is a central factor in Japan's econooic success. Is this fair trade? Canada--A Door Swinging One Way? Our good and valued neighbors to the north complain about the "unfairness" of the New Economic Policy from their standpoint. What Canadians fail to mention, however, is that their basic balance of payments surplus has averaged 1.2 billion dollars annually over the last five years. What they also tend to overlook is that the patently one-sided automobile agreement contributed to a swing of over 800 million dollars in our trade balance. While we impose no tariffs or barriers on Canadian exports of automobiles, Canada imposes a 15 percent tariff on individual purchases of D,S.automobiles. Although Canadian manufacturers may import American automobiles duty-free, this is only if they meet certain minimum Canadian production requirements. These provisions of the automobile agreement were intended as "temporary" safeguards for our Canadian friends, which may have been appropriate at the time the agreement was negotiated~ For the past three years, we have been negotiating for the removal of these "temporary" safeguards, but to no avail_.this despite Canada's continuing large balance of trade surplus with the United States--a huge $1,880 million in 1971. Is this fair trade? Also, notwithstanding the balance of trade which is now so favorable to Canada, our friends to the north continue to be considerably less liberal than the United States in granting exemptions to returning tourists. Here, again, we have an example of a measure which might - 13 - have been "temporarily" justified at the time it was introduced; but which is no longer supportable in the light of today's realities Is this consistent with a Doctrine of Fair~ess? The Canadians likewise continue to insist on retaining other trade advantages which are a carryover from a bygone era when we were in a position to, and did, assist unstintin~ our northern friends. Is this consistent with a Doctrine of Fairness? At Home--Treasury's Role in Combatting Unfair Trade Practices Against this backdrop, there Are very positive measures this Administration has already taken at home to rectify our trade imbalance and protect jobs in the U.s. From the inception of President Nixon's Administration, the Treasury Department has vigorously attacked discriminatory pricing techniques of foreign exporters. Treasury and its Bureau of Customs have accelerated and expanded the use of statutes specifically designed to protect U.So industry against unfair foreign competition. We have institutioualized the supervision of the administration of the Antidumping Act and the countervailing duty statute and other aspects of tariff and trade relations by setting up an Office of Tariff and Trade Affairs in the Office of the Secretary. The Antidumping Act is designed to prevent injurious international price discrimination--typically, selling in the U.S" market at prices lower than in the foreign home market. The countervailing duty statute is designed to counteract and prevent foreign subsidies on exports to the U.S. -14 - The Treasury, under this Administration, has rejuvenated what was largely a moribund Antidumping Statute. We have significantly increased actions under this statute in the past three years. We have eliminated loopholes. And, we have expedited consideration of complaints from domestic manufacturers by adding manpower and streamlining procedures. In short, Treasury is now administering the Antidumping Act more nearly in the manner intended by Congress. This is what industry has a right to expect. But more is neededo Perhaps criticism from abroad had to be expected. But the point is that our actions are taken in defense of fair trade Bnd without fairness, prospects for freer trade would be bleak. Now we are studying possible refinement and expansion of the use of these measures which protect U.S. industry against unfair competition. In new proposed antidumping regulations which were published on April 19, we moved one step further in our plan to clarify and tighten the procedures of the Antidumping Act. We are examining questions which have been raised regarding the possibility that some countries are providing incentives for their exports which might be bounties or grants under our countervailing duty law. As we move to resolve these questions on a case-by-case basis, the need for reaching an international agreement regarding subsidization of exports should become apparent to all trading nations and the mutual experience gained should be a fertile source fur developing fair international rules. Amendments of our Antidumping Act and countervailing duty statute may be required to achieve freer and fairer competition in international trade. And, once the longrange adjustments of tariffs, quotas, and other barriers -15 - are accomplished, these same measures can serve to maintain the integrity of those agreements. International Reforms--GATT In analyzing what we can do to enable u.s. producers to compete more effectively under fair rules of international trade, we must of necessity examine closely the implementation of those rules and even question the nature of the rules themselves. We face a situation in which such basic GATT rules as most-favored-nation treatment are increasingly violated. We are also concerned that foreign dumping and subsidizing of exports to third countries have the effect of freezing UoS. manufacturers out of these markets. Moreover, while we favor u.s. capital investment abroad on as liberal terms as our balance of payments allows, we cannot continue to permit UoSo capital to create jobs abroad if domestic u.s. manufacturers are prevented by discrimininatory barriers from selling in these markets on equal terms. If the GATT itself proves unable to face up to the realities of today's world, and we hope that it can meaIDre up to its responsibilities, we may have to give thought to other ways of meeting the needs. The rules and procedures of the past must be adapted to the world of the 1970's. Implementation Versus Policy-Making It has often been said, "Important as it is to make policy, it is even more important to implement it." This Administration has used the Antidumping Act effectively, and as I mentioned, is reviewing the countervailing duty law. But, there are other aspects of implementing trade policy in day-to-day operations which strongly affect our international trade and our balance of payments. - 16 - The main day-to-day operating bureau in the U.S. Government affecting international trade is the Bureau of Customso Secretary Connally has directed that the trade and tariff aspects of that Bureau's operations be given the highest priority. This includes not only the operating responsibilities of the Bureau of Customs in the area of antidumping and countervailing duty, but also its role in classification and valuation of imported merchandise, administration of quotas and marking requirements, prevention of smuggling, monitoring voluntary restraint arrangements, and investigation of commercial frauds. All policy decisions in these matters and determinations of priorities will, of course, be made in the Office of the Secretary. We also have under way a Treasury study to analyze the data that is available in international trade matters. Here again, the Bureau of Customs is the prime source for data regarding trade matters and yet, for analyzing and interpreting that data, its resources have not heretofore been fully uti1ized o This also we are moving to correct. In summary, President Nixon's Administration has moved forcefully to improve our international trade and monetary position. We have given our anti-price discrimination tools the most vigorous exercise they have ever had. We have negotiated the removal of various trade barriers and set the stage for an overhaul of the international monetary and trade mechanisms. While building a stronger economy at home, we remain outward-looking and international in our initiatives ahroad. This Administration is committed - 17 - to such a course. Of course, our foreign friends and trading partners must be equally outward-looking and international in their approach to their problemso As Secretary Connally said when he addressed the Economic Club of New York last fall: "We do not intend to become provincialo We shall not resort to protectionismo We shall carry our burdens on the international scene. , But to do so it is essential to attain an equilibrium in our overall financial balance with the rest of the world. We seek no advantage over otherso We propose to suffer no disadvantageo We seek a balance which will be to the benefit of all the nations. At 3take is nothing less than the foundation for the freedom and security of this generation, and those that follow." 00 000 0 1 1 rfITE DEPAR'l'I1EJ~T OF TIlE TnEl\~-mnY 2 INTERVIEWS OF' 4 HONORABLE JOHN B. CONN2\LLY f 5 SECRETARY OF THE TREASURY 6 I'HTH 7 ABC, NBC, CBS CORRESPONDENTS 8 9 10 11 12 13 14 15 I? Hay 11, 1972 18 Washington, D. C. 19 20 21 22 23 24 25 [This transcript was prepared from tape recordings.] CORRESPONDENT: 1 t1r. SCC1~otCtry, hOI) C,il1 you justify li~ht 2 the administration's adopting such stringent actions in :J of the political situation not. only in this country but aroun,} 4 the world as well? 5 SECRETARY CONN~LLY: Well, you make an assumption 6 that I am not will ing to 1l1ake. Your question is phrased in 7 such a way that it inaicates that the political 8 in the country is strongly against the position that the 9 President took, and I disagree with that. 10 that most people take is in support of the President and what 11 he did. environm~nt I think the positionl Now, he justified it on the basis that it was an 12 13 action that, in my judgment, the President felt he had to take.! 14 He had to take it. 15 to me, over the past three and 16 of Vietnam. 17 the l\merican troops. 18 them that were there \vhen he CClrte into office. Nm"" 19 He has made it ahundantly clear, it seerns i' half years that he wants out He wants to end the \';ar. IIe wants to wi thdra\'l And he has ·.,i thdraHan il half million of no persona:, no ra.tional person that ",ants to be 20 objective can say anything exce~~ that the President is trying 21 to extricate this Nation from South vietnam. 22 do it? 23 negotiating. 24 Dr. Kissinger to Paris only a ,·,reck before his speech. 25 talked to Le Duc Tho and he got nothing but arrogance and Now, he has tried. Now, hm'" do you He sent in reserves. We have been trying to negotiate. We have heen He sent Be 1 insults from him. \'7e obviously were 2 negotiating tClble. D really were running out for l1iM. lo<~inq He ",cren't gaining ground. He obviously wants to get out. 4 ground Clt the So the options He wants to get out 5 in such a way, he has made clear, wi th honor. 6 out in such a way that the United States maintains some 7 options in its foreign relations around the world, that it not 8 he 9 nation because it gets run over by another country -- North 10 Vietnam. comple~ely destroyed, that it not become a second rate So he felt that undcr all the circumstances that he 11 12 He "'1ants to get really had no choice but to do what he has done. CORnESPOtJDENT: 13 But hCls it amounted really to some 14 of the analysis that we have heard, that the President was 15 faced with jeopardizing detente with Russia? SECRETARY CONNALLY: 16 No. A lot of people say that. 17 A lot of people say, oh, this is terrible, that it is a 18 confrol: tation with Russia. 19 at all. 20 not even comparable really, I suppose, but let's go back in 21 his tor'.' a little bit, to Hungary. 22 Russians moved into Hungary? 23 it. 24 nation. 25 and it violated every precept and concept of this l\merican I don't think so. I don't think so I liken it very much to the situation -- oh, it is lilhat happened when the He didn't like it. ~\Te protested We thought it was a terrible cruel thing to do to that And it was a naked aggression really on their part, Illation and our search for freedom and peace. But we didn't 2 vie\·, it as a confrontation Hi th the Uni ted States. 3 it was a reprehensible act. 4 r'le thou'jht. Now they are going to deplore what we did, mining 5 the harbor of IIaiphong. 6 new. 7 a confrontation Hith tbe USSR, nor is there any reason \vhy 8 they ought to assume it, and I don't think they will. 9 10 11 He bombed before. That is nothing There is no reason why we ought to assume that this is CORRESPONDEKT: Well, if it does not bring about either cancellation or postponement of the summit conference SECRETARY CONNALLY: Oh, it might do that. I 12 personally don't think it will, but it might do it. 13 does, so what? 14 conference? 15 run out and destroying the viability of any foreign policy 16 for this Nation. 17 conference vii th the Russians. 18 I But if it \'!hat price are \ve willinq to pay for a summit think He can't pay the price of being completely That. is i:oo high a price to pay for a summit CORRESPONDENT: How can you justify the decision 19 that would jeopardize the fleet, the ship, and the personnel 20 of so powerful a third party as the Soviet Union and unilater- 21 ally taking that action, as COmI:'ander in Chief \Vi thout any 22 conSUltation at all with the Conqress? 23 constitutionally? 24 25 SECRETARY CONNALLY: Em" does this set \'iTell, in the first place, we are not doing all of those things. The Present \Vent on 1 nationwide television, he not only spoke to the Uni ted Stato~.;, 2 he spoke to the world. He told them precisely what he was going to do, he was going to mine the harbor of Haiphong and 4 that those mines were timed where they had ample opportunity 5 tb get their ships out. 6 them, to that extent. 7 now if you don't get out within. three daylight periods, then 8 the mines are going to become effective and you may have to 9 stay in there. But that is a choice they had to make. 10 had an option. They had a choice. 11 We didn't lay down any gauntlet to He said we are going to mine the harbor, They And when you say "consult with the Conqress," what 12 do you mean? I don't knmv how to ans\\'er that. 13 Congress? 14 the Congress? 15 \vith "ble Congress"? Nhat is the Do you mean get a vote of all the 535 members of Or who does he talk to? TIm', does he consult t·Jho are we talking about? 16 CORRESPONDENT: The leadership. 17 SECRETARY CONNALLY: Well, he talked to the leadershi 18 It is a deicision -- he can't run the foreign policy of the 19 country on a majority vote or the leadership of the Congress. 20 I don't know of any constitutional authority that the leader- 21 ship of the Congress has .. _Now, Congress obviously has certain 22 powers, and it is well that they have them. 23 charged under the Constitution with the conduct of the foreign 24 policy of the Nation. 25 of both parties, in both houses, and told them before he did The President is lIe called in the congressional leaders 1 what he did, what he was going to do. CORRESPONDENT: 2 That was after the decision \,,ras mac1C' SECRETARY CONNALLY: Well, it was after the decision. 4 But suppose he called them in before and made the same 5 decision, would it have made any difference? 6 done the same thing. CORRESPONDEN'l': 7 He would have \\fell, I am trying to understand nO\". 8 You are saying that there is no requirement or no need under 9 our system of government for prior consultation 10 SECRETARY CONNALLY: 11 CORRESPONDENT: 12 13 • No, I didn't say that. -- with the leadership or anyone else. SECRETARY COlJNALLY: I question -- and I don't \Vant 14 to here get into any legal argument about the legality, we 15 can discuss that at some other point -- I certainly thinL there 16 is a political need, yes, to consult with the leadership. 17 There is a political need. 18 requirement necessarily ".,Then the President moves in taking an 19 action that he took. 20 variance with past behavior that he needed to consult with 21 them, except for the general purpose of politically infor~ing 22 them of trying to retain obviously the support of the Congress, 23 because he has to have the support of the Congress. 24 not in any sense trying to diminish the influence of the 25 Congress or the role that they play because, in the final I don't think it is a constutiona1 I don't think it was an action of such And I a~ 1 analysis, they appropriate the money and no President can do 2 anything unless he has the resources with which to do it. .) to that extent he has to maintain a rapport vd th them, and he 4 should do it, and he tries to do it. 5 So So when I just hear these comments about, "Hell, he 6 didn't consult 'vi th the Congress," well, the Congress is 535 7 people and he can't consult with all of them and he can't run 8 a foreign policy on the basis of a majority vote. CORRESPONDENT: 9 There is something else contained in 10 the President's statement that has brought about some specu- 11 lation. 12 for the full withdrawal of American forces. 13 any hope for an earlier settlement -- There seems to be quite new peace proposals and terms. 14 SECRE'l'ARY CONNALLY: 15 CORRESPONDENT: 16 SECRETARY CONNALLY: Does this hold out Yes. -- and the gaining of a cease-fire? It certainly should. And really 17 there has not been enough attention paid to this peace proposal 18 because it is a rather amazing proposal when you really analyze 19 it, because he said, as I recall -- and I am not trying to 20 quote him now -- but in effect he says return our prisoners of 21 war, cease activities and within four months we will withdraw 22 all American troops. 23 24 25 CORRESPONDENT: The one thing that hasn't SECRETARY CONNALLY: Nmv, any nation that can't take that obviously doesn't want to end these hostilities. Now, 1 this is a peace proposa 1 that any nation that has any ~3('Tllbl ilnC(; 2 of good-will in its actions ought to take. ~ them, give us our prisoners of war back, cease military 4 activities, and within four months we will be aone. -' 5 do they want? 6 CORRESPONDENT: 7 standstill cease-fire? 8 cease-fire? What more Can you tell me, does this mean a What are we talking about when we say SECRETARY CONNALLY: 9 It just sayR to Well, I don't want to elaborate 10 on what the President said because you really have me discussin. 11 matters here that I probably shouldn't be talking about in the 12 first place, and I am doing it, I am afraid, too forcefully 13 and too fully. 14 CORRESPONDENT: And rather well. 15 SECRETARY CONNALLY: No, I don't knm" about rather 16 well. I feel very strongly about it and I do have some 17 knowledge about it but there are better spokesmen obviousl], 18 Secretary Laird, Secretary Rogers, Dr. Kissinger, and 19 President himself has talked about these things, so I don't 20 '"ant to try to either add to or subtract from or to try to 21 interpret what the President said. 22 CORRESPONDENT: l'Jell, you Here in the counsels vlhile 23 this decision was involving. 24 stories, a spate of stories about -- 25 th(~ SECRETARY CONNALLY: There have been quite a few Unfortunately there are always 1 stories. I don't knoH how you all gGt them, but you get thC?fT1. CORRESPOHDEHT: 2 There have bCGn qui tc.: a fpw recently .) about dissent in the counsels, right up until the last moment, 4 even after the decision was made. 5 you were a part of that 6 really meaningful dissent? decision~making SECRETARY CONNALLY: 7 Since you WGre so close and process, was there I don't think so. I think 8 there was, in the process of the discussion, I think a numher 9 of different views were heard, and you obviously have to do 10 that. 11 you are going to discuss different options, then at some 12 point or another, if for no other purpose than to be a devil's 13 a.dvocate, you have to say, v.rell, whaJc if such and such 14 happens, what will we do; what if such and such happens vnder 15 this set of circumstances, where would we be. If you are going to 16 prese~t the President options, if So as a result of several hours of discussion on a 17 problem as delicate as this, you obviously have different views 18 expressed. 19 raising points of issue. 20 arguments, the pros and the cons, to be sure that you haven't 21 overlooked something. 22 and basic dissent. 23 basic dissent with the President's decision. 24 25 Some of them are so_: ely for the purposes of Others are solely to develop the Others may really reflect and inherent I am not prepared to say that there was any Now, you all get these stories. -- I don't know where they come from. They certainly don't They are not always 1 accurate. 2 made by individuals in the meetings, perhaps for purposes ~ other than reflecting their own views of dissent. 4 individual has to speak for themselves, I suppose, ultimately. 5 I think they sometimes reflect CORRESPONDENT: argunl~nts th0t ~cre But each Well, there has been some very basic 6 dissent in Congress, particularly in your own political party, 7 the Democrats, almost overwhelmi:1q. 8 stern words to deliver to your fellow Democrats about this. 9 Do you consider that dissent and the criticism that is being 10 voiced really that damaging to the prospects of the President's 11 policies? SECRETARY CONNALLY: 12 You have had some pretty Yes, I think it is very damaging 13 yes. 14 had a Democratic caucus. 15 voted, Dut the vote, as I recall, was 29 to'14, so there were 16 14 men, Democrats, in that conference who stood up, who didn't 17 want to in effect denounce the Presfdent's actions. 18 And I am not talking ahout all of the Democrats. They I don't know how all the Senators No\v, here again we come, it is a question of degree. 19 It is a question of how you are going to operate. 20 to me that of all the people who should not be denouncing the 21 President of the United states because of what has happened in 22 South Vietnam, it ought to be this many Democrats. 23 But it seems I think you could justifiably make the argument that 24 it was a Democratic President that got us into Vietnam in the 25 first place and another Democratic President that enlarged the 1 forces there. 2 successful refutation, that this President, .) \-laS 4: are dm"n to 60,000. 5 He is trying to'wind down a war that he didn't start. 6 that is a fair statement. 7 I think you can say, ,·,i thout any hope> of wh~n he came in, faced \-lith approximately S60,000 nen In Vietnam, and VIC' He has removed half a million of them. think I Regardless of who started it or who expanded it, it 8 seems to me that in the conduct of foreign affairs of this 9 Nation that the Congress, to the extent that they want to hold 10 hearings, to the extent that they want to have arguments, to 11 the extent that they want to oppose policies of this adminis- 12 tration, there are ample opportunities to do it. 13 President has taken a strong position such as he has Jone 14 here, under all the circumstances, \vhere everybody in this 15 country knm\ls what the stakes are, once he takes a position 16 it seems to me that it behooves every single one of' us 17 support the President of the united states. 18 supporting him as an individual, we are supporting the 19 policies of this Nation. 20 send a message to Hanoi and to other countries around the 21 world that there is great dissension here, if you will just 22 hold tight maybe things '\lill be different here, we will 23 you how much dissent there is in the country. 24 frankly, they put party and personal views above the interest 25 of this Nation, and to me it is reprehensible action. Once a t~ We are not And what these 29 Democrats djd was ShOH And in my view, 1 CORRESPOND:CNT: I think one of thos(~ ))0mocratic 2 Presidents we both know rather well, once voiced a philosonhy ~ that politics ought to stop at the water's edge. 4 to be about the same sentiment. SECRETARY CONNALLY: 5 That seems That is exactly the way I feel 6 about it. Now, I don't mean that we ought not to have dis- 7 cussions about poli2ies or differences of views. 8 President, who is charged with the conduct of the foreign 9 policy of the country, under ttese circumstances, once he makes 10 a decision, even if we disagree with it, it seems to me that 11 we owe it to ourselves, we owe it to our Nation, we owe it to 12 this country to at least maintain silence if we can't voi2e 13 an approval. CORRESPONDENT: 14 But once a Let's go back for just a moment for 15 a final question, I1r. Secretary. 16 President's actions were absolutely necessary under the cir- 17 cumstances, that if it did result in the cancellation or 18 postponement of the summit conference, sobei t. 19 remark, let me ask you this: 20 cancellation of a summit confereDce, as it has byen planned 21 now? 22 sniping at each other, of losing an air of detente? 23 You have mentioned that the Hell, with that \']hat would be lost really in the Would it indeed throw us back into this business of SECRETARY CONNALLY: Oh, not necessarily. It 24 obviously wouldn't improve the atmosphere, and I hope that the 25 summit is not cancelled. I hope the Russians won't cancel it. 1 In my reason th(~y have no reason to. 2 that are important in this \,.,rorlcJ in the relvtionship bctvlocn 3 the united States and the USSR, that our actions in North 4 Vietnam really should not impair those in the Russian's minds, 5 in my judgment. 6 There arc ~jO ffiuny thiwr' I think it is important that \Ye maintain a coopera-- 7 tive spirit, that we continue to promote the good feelings 8 c..nd expand the mutual understanding bet'ivcen our t'i-lO nations as 9 much as we can and as quickly as we can. 10 to the good. 11 conference, the opportunity to do will be delayed. 12 event, I don't think they or we should ever close the door to 13 the halls of peaceful negotiatiolls and the search for peace 14 throughout this world. 15 if they cancelled the sumit. 16 17 18 19 20 21 22 23 24 25 I think that is all And obviously, if we don't have the sunmit CORRESPONDENT: In any And that is really what would happen I hope they won't. Thank you, sir. 1 2 CORRESPONDENT: Mr. Secretary, how do you account for the mild Russian and Chinese reactions so far? SECRETARY CONl.JALLY: Irving, I don't think that the 4: action ",hich the President took should be construed very 5 frankly by any nation as throvling down the gauntlet or as a 6 confrontation. 7 certainly should not be so construed and I hope they won't 8 construe it that way. 9 From our standpoint and our CORRESPONDENT: vie~',point, it Is that your interpretation cf the 10 mild reaction, that they are not interpreting it that way, or 11 do you think it i$ just too early? 12 SECRETARY CONNALLY: I wouldn't want to try to speak 13 for Either of the countries. 14 going to do. 15 continuation of the summit. 16 of the United States we should expect that. 17 obviously will have to speak for themsleves, and I don't know 18 when or in what vein they "Till do it. 19 I don't know what they are I really hope that we can anticipate the CORRESPONDENT: And I think from the standp8int But they Mr. Secretary, was there any secret 20 arrangement with the .Russians that they would not challenge 21 our closing of the North vietnamese ports if President Nixon 22 would offer a cease-fire followed by a complete withdrawal in 23 four months? 24 25 SECRETARY CONNALLY: Irving, if there was any such agreement, I was certainly not privy to it. I don't know of 1 any such arrangement. 2 be perfectly ccJ.nclid wi th you, th!::?rc are bet tc r sourc(~ s tlJ ,111 I D for an answer to such il question. 4 Secretary Rogers, Secretilry Laird all are more familiar with 5 the immediate details -than I. 6 tion along that line. 7 8 l';OH, CORRESPONDENT: I must say at the outset th" l, to As you know, Dr. Kis~in<Jer, Certainly I have no informa- But you don't exclude that or fore- close that as a possibility? 9 SECRETARY CONNALLY: Well, even to answer that I 10 think lends encouragement to the thought that perhaps there 11 was such an agreement and I just had no idea of such. 12 international diplomatic matt-ers, I am reluctant to close the 13 door on anything as a po~sibility. CORRESPONDENT: 14 But in I don't mean to press you on this, 15 Mr. Secretary, but it is generally believed that you have 16 been very close to the decision-making process, that the 17 President has sought your 18 be aware, or perhaps would you be purposely not made aware of 19 this? cQuns~l SECRETARY CONNALLY: 20 th~t of it. 22 and I will just have to leave it at that. 23 there had been, I would have known about it. 24 guarantee that. CORRESPONDENT: Would you not Well, I certainly am not aware 21 25 I have no indication and so on. there was any such agreement I assume that if But I can't Mr. Secretary, do you believe the 1 President's trip to Moscow will SECRETi\RY CONNlI.LLY: 2 ta~c place? I hope it vli 11. From the D united states' standpoint, r don't think there 4 why the Russians should assume that vle have taken an action 5 that at least we interpret 6 them. 7 things. 8 Vietnam. 9 hasn't been viewed as any confrontation. 10 the harbor of Haiphong. 11 discussed for years, it obviously was not any Move against the 12 Russians themselves. 13 14 Vietnam, bringing in armaments, supplies for lJorth Vietnam, , some British ships, some Cuban ships, some Somalia ships, 15 and oth0r nations around the world. 16 not be interpreted, at least from our standpoint, as a 17 confro~tation. 18 n~ i~ any reason any sort of a confrontation to After all, \·,hat did we do? It seems to me we did three We continues Qr renewed the hombing in North We have been doing that for years. That certainly Secondly, we mined That is nevI, although it has been There are a number of ships serving North So that certainly ought And third, what else did the President do? He laid 19 down, it seems to me, the most generous peace terms that he 20 possibly could lay down. 21 CORRESPONDENT: Yes, in fact, at the core of the 22 President's latest action are these farthest reaching peace 23 offers ever made. 24 the Communists accepting the peace offer if it \Vere not 25 accompanied by the closing of the North vietnilmese harbors? But will there not be a better chance of SECRE'l'l\RY CONNl'.LLY: 1 No, I cJi sagrec with Ch'-l t C0[11- 2 pletely. ~ it seems to me we have been through that. 4 enumerated time and again peace offers that he had made. 5 n President Nixon has indicated in recent months the pnac '-'-' 6 that he has made. 7 night and his actions in closing and mining the harbor at 8 Haiphong, Henry Kissinger was in Paris talking with Le Due Tho, 9 and to what end? 10 This is my persona 1 Vie\·l. J.JOH, Irving, over the YC(l rs President Johnson And only a week before his speech on 0 ff ers:' ~londay Le Duc Tho, because he thought they had had great 11 success in their military invasion of South Vietnam, was -- to 12 use the President's words -- arrogant and insulting. 13 what you get. 14 being closed to us one by one until they finally all have 15 been closed, for all practical purposes. 16 you can just throw out a peace offer and say that they will 17 take it, the ans,ver is no. 18 accepted. 19 would have undoubtedly come back and said, "1'7ell, if you ",ill 20 withdraw your troops and get all of your troops out of South 21 Vietnam, we might have a peace settlement, if you ",ill also 22 agree to overthrow President Thieu, if you will also agree not 23 to give any type of aid to Vietnam, to Laos, to Cambodia or 24 any other country in Southeast Asia" -- they ah.,ays impose 25 additional requirements any time they think you are in a That is Now, obvi.ously, the avenue of negotiatioLs were NOH, the idea that I don't think it would have been They could have come back with something else. They I position of Vlcakncs~;. 2 havin(] in trying to negotiute 'l'hitt is tho problem thJt \Ye ha.ve: hum CORRESPONDEHT: (l peace settlement "~lith Ul:'Fl. So t.hat your belief i~; that by 4 imposing a stick, the can:ot may be accepted to have the sticJ: 5 withdra\"n? 6 SECRETAR.Y CON1V\LLY: It certainly is our hope that it vii 11 be. 7 8 CORRESPONDENT: Do you feel that this action in 9 effect in the long run undermines the Thieu government in 10 South Vietnam if an internationally supervised cease-fire is 11 imposed and the North Vietnamese move? 12 international force would have to take the place of the 13 American forces, and that seems unlikely, doesn't it? 14 SECRETARY CONW\LLY: It means that the I'Jell, I don't think it neces- 15 sarily rleans that he is undermined at elll. 16 get a cease-fire, if we can get our prisoners of war back, 17 and four months after that time the President said he would 18 19 I think if \'Je can I wi thdra;,· our troops. \ve have made a very conscious effort over the past 20 several years to strengthen economically and otherwise the 21 south Vietnamese people to ",here they can make the choice for 22 themselves about what type of government they want. 23 know, we previously even reached an agreement with President 24 Thieu tha t elections \"lOuld be called and he \',70uld step c1mm, he 25 would resign thirty days before those elections so that he As you presi.(J(~ncy 1 \'lOuld not have the pressure of the 2 So I don't think it would undcrwine hiT'l CIt all. CORRESPONDENT: aVc'1.:i lohJc: to hi:". Mr. Secretary, do you believe that 4 the Russians may be waiting to sec how stringently we enforce 5 the ports closing before deciding on going ahead with the 6 summit? SECRETARY COl'mALLY: 7 I vlOuld be the last persOfl I 8 think around that would try to read the minds of the Soviets 9 or their intentions. CORRESPONDENT: 10 11 I don't ~now. If the summit is cancelled or post-- poned, would you consider this too high a price to pay? SECRETARY CONHALLY: 12 No. I think, on the other hand 13 if we had indeed not done anything, the price might have been 14 too high just to insure the sUIYUni t. 15 holds great promise for bringing about a better relationship 16 and a closer rapport with the Soviet Union, and I think this 17 is good. 18 It is good for the peace of the 19 cancellation or postponement of it will be all that damaging. 20 I hope, as I say, that it will not happen. 21 point, we see no reason why they should cancel it. 22 Nm'l, I think the summi t I think it is good for them and it is good for us. CORRESPONDENT: ~orld. But I don't think the And from our stand- Some critics of the President's 23 action say that since the closing of the ports is not likely 24 to stop the present offensive, it just makes it inevitable 25 that the President Hill in the near future hClve to folloH this 1 escalation with another 2 escaI2tio~. SECRETARY cormALLY: mean by "another escalation." Hell, I don 't kno'i\1 Hllat they que~)tion I think beyond any the: 4 closing of the harbor of Haiphong is not going to have a tre- 5 rnendollsly adverse impact on the military actions of the North 6 vietnamese in the next hm or three 'weeks, or it mi<Jh t not. 7 Psychol0gically, it could have an enormous impact, and this 8 is one of the problems that ''1e have. 9 invasion of South vietnam, and we also have a psychological 10 problem on both the part of the North Vietnamese, 11 that North Vietnam is a sanctuary, that they can op,?rate Hi th 12 complete impunity 13 Vietnamese feel that they were crnnpletely on the defensive, 14 that they can never be on the offensive, and that all they can 15 do is just counter-punch, and this is a terrible position for 16 a boxer to be in or a football player or for a soldier in the 17 trenches. We have a Mili ta:~y feel ~~lO I and safetYi on the other hand, the South This takes them out of that posture. 18 This put.~ them 19 at least where they feel like they can really counter-punch 20 and they can 21 lead~ as a matter of fact. CORRESPONDENT: The President explained that h'~ 22 this action because American troops are endangered by the 23 offensive. 24 prompt effect on the offensive and the danger to American 25 troops grows, would it not require further action? If as you have indicated, this does not have a took SECRETARY CONNALLY: 1 It por-:;~::ibly . ). mlCJ·l1:: • J~r:()'.' c1on't I 2 of any such action. I clon' t knmv WhCl t you have in milld. I .) don't knmv of any presently contemplated further action. I 4 think what the President has done in cutting the rail supplies 5 from the North and mining the harbor of HaiphOl;g is goin9 to 6 make the North Vietnamese 7 their resupply of 8 resources, 9 not going to go up to the last post and say I have got ofur 10 months' supply and I am going to spend it all and wind up 11 three or four months from now with absolutely nothing. 12 think they have to take a look at their hold card, and I think 13 to this extent that it adds immeasurable: protection to the 14 troops that we have in south Vietnam. 15 thos~ t~~e a long look at their resources, resources, the husbandring of those I think inevitably. CORRESPONDENT: Any military co~nander is I If American troops are further 16 er:dange:t:'ed, would 'vO be prepared to bomb the bridges across 17 th(~ 18 riv2r SECRETARY CONNALLY: Nmv, this is a matter it seems 19 to me for the President as Commander in Chief, and decisions 20 that he and his military advisers arc going to have to make, 21 and I f rankly am not in a position to make that type of 22 conj ecture . 23 CORRESPONDENT: Hr. Secretary, what occurred between 24 the President's speech on April 26, when he 25 Vietnami zation was working and the sai~ lI.'i thdrawal that of U. s. troops 1 would continue on schedule, unO. his speech on J1onc1uy' when h(; 2 said l\merican troops are endany-crcd by th(~ lJorth Victn(1J~lCSC .) advances? 4 SECHETARY CONW\IJLY: ~'Jcll, I think onc thing- that 5 certainly has happened is the ferocity of the North VietnaJTlose 6 military invasion, and it is a rank vio12t.Lon -- their crossing! I I i 7 0- 8 of these many tortuous months, at least they have honored 9 that agreement wi th 10 flaunted it, they have -- 11 12 13 14 the DMZ is a rank violntion of the 19G8 agrc0ment. resp0~ct CORRESPONDENT: was made a[tc~' In all to the m'1Z, but no\.; they hc've The President's speech -- excuse me the crossing of the DI1Z, the off€n~:;ive ,vas in progress. SECHETARY CONlJALLY: I\lell, I don't think his speech 15 on Monday night should indicate that the vietnamization Jrogram 16 is not working. 17 successes that the North Vietnamese have had has aggravated 18 the situation. 19 doesn't mean that inevitably vietnamization has failed. 20 have to remember, in 1968 Hue fell. It has been occupied 21 before by the North Vietnamese. He have built it all up, 22 they say, well, if Hue falls, it is the end of the ",orld. 23 it isn't at all. 24 by South Vietnam. 25 the highlands that they can take any time they ",ant to, and I Now, beyond any question, the military There is no question about that. NOvl N01:d, t'lat We Hell It has been occupied and it has been retaken It may fall again. Thcre are outposts in Vietnafi1c~~C:'. 1 am talkinq about the north 2 militarily disastrous, nor psychologically or politically .) disastrous. 4 It i c:~ not ~To:i lJC/ to b~ But beyond any question, I think the principal thing 5 that had changed was the attitude that manifested with Le Duc 6 Tho perhaps in his conversations with Dr. Kissinger in Paris 7 only a week before the. President's speech, where it \-las very 8 apparent that so long as they were making military headway 9 that there was really no evidence for negotiation with them, 10 under any conditions. 11 CORRESPONDENT: The North Vietnamese say that they 12 expected further meetings with Dr. Kissinger and they were 13 surprised when he Halkecl out after that one. 14 SECRETAHY CONNALLY: \·1el1, they might have expected 15 them but I personally think that we can take statements from 16 the North Vietnamese and the aftermath of the President's 17 actions with a considerable grain of salt. 18 CORRESPONDENT: Let us say that a Soviet ship is -- 19 let us say that a Soviet ship hits a mine and is damaged or 20 sunk and the soviets respond by torpedoing an American 21 battleship. 22 action that. we have taken as part of the acceptable risk, or 23 would this require escalated response? Would we consider this within the context of the I 24 SECRETARY CONNALLY: I am not goiner to respond to 25 that, Irving, for a number of reasons. First, I don't think I \ \ \ 1 should I think it is a hypothetical situation \llJiclJ 2 not respond to. Secondly, even j ~~lloulJ a member of t.he ?Ia tiol}Cl 1 ClS security Council, I shouldn't be responding to such questions. That is a matter of jUdgment for the President and his military 5 commanders, and I am certainly not one of his commanders and , 6 I am certainly not in a position to make that type of judgment. I 7 And I don't think we should speculate to that extent. 8 Very frankly, the President notified the world that t~1e 9 he was going to mine 10 mines to give the ships ample time to get out of the harbor, 11 those that were there. 12 So I don't think any nation is going to just willfully go in 13 and try to suffer some dama<:Je to one of i ts 14 to create an incident. 15 regrettable incident, but it will be something that will be 16 laid at the door of the nation that does it. 17 CORRESPONDEKT: 18 over there now? 19 their course? 20 harbor. Timers were put on those The world knows the harbor is mined. vcs::=~els in order If it does, it is going to be a very Mr. Secretary, what is happening Are soviet shir::s moving? SECRETARY CONNALLY: Have they changed i'7ell, I wouldn't -- there have 21 been -- I frankly know nothing rrore this morning than you do 22 from the press accounts. I have not had an opportunity to 23 even discuss the matter. There is some evidence that ships 24 destined for Haiphong have been diverted, a number of them, 25 not just Russian ships, but others. nut beyond that, I have 1 no competence. CORRESPONDEUT: 2 oJ Have been di vcrtec1 the pCl.~; t 24 hours? 4 SECRETARY CONNALLY: 5 CORRESPONDENT: 6 SECRETARY CONNALLY: 7 ~.d_ thin Yes. Soviet, Chinese ships? I would not attempt to identify them. CORRESPONDENT: 8 Mr. Secretary, the administration has 9 presumably thought all of this through. 10 the likely sequence of events nml? SECRETARY CONNALLY: 11 l'ifhat do you se(~ as Well, I am very hopeful again 12 that the summit vlith the Soviets \vill take place, that in the 13 process this avenue of support for cessation of hostilities 14 in Vietnam can be pursued, that we can enlist the aggressive 15 help of the Soviets to try to use their influence on the North 16 Vietnamese to accept the terms Hhich the PresicJent has offered. 17 And there is no reason why reasonable shouldn't accept 18 terms. t~ose 19 We have gone over it before, but the cessation of 20 hostilities, the return of the prisoners of war, and within 21 four months we \vill be gone. 22 23 24 25 CORRESPONDENT: v7hat more could any nation Hant? Do you see this taking place before, say, October? SECRETARY CONNALLY: I don't knmv, and I certainly would not want to try to put it into a time capsule. I don't 1 knm., when i t mi9ht happen. 2 happens very shortly. CORRESPOIJDEN'l': 4 5 6 I hope j t happew:, ("lncl I llo)Jl' it lIow do you interpret Soviet l\mbassador Dobrynin I s remark this mornj ng? SECRETARY CONNALLY: You are leading me a little bit far afield, and I am not gOlng to try to -- 7 CORRESPONDEN'I'·: You arc:. aware of his 8 SECRETARY COlJNALLY: I'Jell, I am aware of it, but I am 9 not going to try to interpret the Soviet AmbRssaclor' s reJllarks. 10 I don't think I should. 11 CORRESPONDENT: Do you believe the mining of lJorth 12 Vietnamese harbors years ago, when we had 500,000 troops there, 13 would have resulted in a 14 u.s. SECRETARY COl',mALLY: victory in Vietnam? Irving, on one of the pillars of 15 the Archi.ves in 'dashington, D. C. is a statement that I think 16 is particularly apropos here -- "\-lhat is past is prologue, 17 ane there is no point in going back and trying to relive what 18 might h.lve been, because it. \,,1aSn' t, unfortunately. 19 CORRESPONDENT: 11 Why is there any reason to believe 20 that this action will succeed in cutting off supplies to the 21 enemy, :cd nee recently intens i ve bombing has not done the job 22 and the Russians and Chinese may convert from sea routes to 23 air or land routes for supplies? 24 25 SECRETl\l~Y CONNALLY: Well, this is not easy. l\bout 90 pp-rcent of all supplies that come into North vietnLlP.l come 1 by ship, and when the ships can't get in i t 2 affect them. ;S affect them immediately. 4 CORRESPONDENT: 5 ohviou;~ It is just that simple, . that i t ly hets to hein0~; to Docs the President's 'vi thdrawal offer include naval and air units from the area of South Vietnam? 6 SECRETAR~! CONlJl\LLY: I am not going to try to inter- 7 pret the President's words. 8 he vlanted to say, dnd I certainly am not going to try to add 9 nor subtract from it. 10 11 CORRESPOND~NT: I think he made quite clear flhat Mr. Secretary, could you tell us what your role was in this decision-making? SECRETARY CONNALLY: 12 One of those who did his best 13 to try to offer some helpful advice and suggestions to the 14 President. 15 that he talked to. 16 I was one of the advisers. CORRESPONDEKT: 17 these advisers? 18 finally decided on? 19 ~'7as I was one of the many there difference of opinion among Was there dissent to the action that was SECRETARY CONNALLY: No, I ,,,ould not say so, at least 20 to my knowledge. v-7e sat in the National Security Council 21 meeting for approximately three hours, and we talked about all 22 types of possibilities. 23 positions that we really did not believe in ourselves, merely 24 for the purpose of bringing it to the floor and analyzinq it, 25 to discuss the matter so that we didn't overlook any Frankly,. at times some of us advocated 1 possibili ties. But ultir:lately and finally, _I \'lould l-Ll.ve to ~:;()y tlli1t 2 ~ there was no 4 talked to a great many people over a long period of time, and 5 by that I mean days, and I was not privy to all those conver- 6 sations. 7 dissen~ion within that group_ Now, the PrcsidenL I was just one of many Hho talked wi th hirn_ CORRESPONDENT: What is your reaction to the 8ritics 8 who say that Congress Has bypassed and that tJlis ,vas an unwise 9 thing for the President to have done? 10 SECRETARY CONNALLY: It is always wise for a Presiden 11 to bring into consultation the Congress Hhenever possible, for 12 the simple reason that ultimately the Congress controls the 13 purse strings, the Congress has certain responsibilities in 14 areas such as this. 15 took actions that were not unlike actions that have previously 16 been taken over the years. 17 of every single member of the leadership of the Congress. 18 Now, as Commander in Chief, frankly, he He certainly \Vas av7are of th(C~ views Now, obviously, he can't -- talking about const lting 19 with the Congress, you can't consult with 535 members of 20 Congress. 21 vote of the committees of the Congress, Vlhether they are the 22 Foreign Relations Committee or the Armed Services Committee of 23 the Senate or the House, or the Appropriations Cornmi ttee of 24 either one. 25 He can't be guided in his decisions by a majority NOH, he does try to consult with the leac1ership every l(~&d(>r~;l1 1 time he has an opportuni ty. 2 He met with his leadership prior to his speech the other niq)lt. :3 But he knmvs their vievls. 4 one of those men. 5 those into account, those and many, many others who don't even 6 occupy leadership roles in the Congress. 7 he maintain the rapport with tha Congress and support in 8 Congress, because they ultimately have to decide what support 9 they are going to give to the resources that make up the 10 foreign policy of this country. 11 th&t he have their support as well as the support of the 12 people of this country. He did consult \.!i th the lIe. knoyrc the '-! • .oJ V"l ell - I lIe knoVls those vievls \1(::.11. of eV0ry . . i P. S J.. ng 1 e And hc takes It is important that th~ I 13 CORRESPONDENT: And it is extremely important Mr. Secretary, is the administration 14 concerned about the reaction of the country and the world in 15 general? 1£ SECRETARY CONNALLY: Of course the administration is. 17 Now, it was the President's view, and it certainly I think has 18 been 19 of the American people \-vould support him I and they have 20 indicated that they do support him, and I don't think the 21 America.1 people is misinterpreting '\vhat he is trying to do. 22 He is trying to end this war. 23 He is trying to extricate the United States in such a \'lay that 24 he does it \vi th honor and to \"here he can maintain a viable 25 foreign policy for himself during his rcmaininC} days in office co~firmed, that given his objectives that the vast majorit He is trying to get out of it. 1 and for his successor, \vhoovcr he miqht he, [or himself if 2 Hins a scconcl term, 3 President of the United states. h(~ but aside from thut, for whoever is 4 He does not want to see us humiliated and 5 in the operations or militarily chased out of South Vietnam, 6 to the point \vhere it destroys the credibility of the Uni ted 7 states and v/here vie hecome u second rate nation. 8 CORRESPOI~DENT: A final question: clisgr~ced Since:: our objective 9 is to get out, ure the risks of this action worth taking for 10 that objective? 11 SECRETARY CONNALLY: Oh, I think so, sure. ~vhen I 12 say get out -- he has mude clear that he wants to get out with 13 peace and with honor and with some hope of continuing peace. 14 By all odds, I think the risk that we take is worth it. 15 CORRESPONDENT: 16 SECRETARY CONNALLY: 17 18 19 20 21 22 23 24 25 Thank you very much, Mr. Secretary. Thank you. 31 SECRETARY CONNALLY: 1 14 voiced their objoctio~~ to 2 the President's action. .) candidate and prospr:ctivc can(lj date for the presidency on 4 Democratic ticket voted with the majority, with the 29. 5 think this action, coming in the aften'lClth of the Presid2n c' s 6 decision and in the aftermath of his orders to execute the 7 mining of the harbor frankly is an irresponsible act. 8 grieves me that my own party did it. 9 There are mechanisms for disagreement. 10 holding hearings. 11 to hold hearings, to determine the views of this administration, 12 to enforce their own views personally and politically and as a 13 party. 14 caucus after a President has acted in a matter of foreign 15 policy as Commander in Chief, and to meet and 29 to 14 object 16 to that action, it seems to me is frankly putting the pa~ty 17 above their country. 18 exceedingly. 19 think it is a sad state of affairs when we have reached that 20 point in this country, because this was not true in the past. 21 In";o'::ar as Iknml, every princjp':il. Ute? And I J And it It is fine to disagree. There are metho1s for No one questions that they have the right But for a majority party of this country to hold a And I regret it and I regret it I don't knovl hmV' better to express it. I -'lust I quite well remember the Cuban missile crisis. I 22 quite remember the Bay of Pigs. 23 Johnson and his support of President Eisenhower, when he said 24 that the partisanship stops at the water's edge, and I think 25 that is the way it ought to be. And I quite remember President }2 1 2 4 5 6 7 8 9 10 11 12 13 14 15 IE 18 19 20 21 22 23 24 25 COHRESPONDEN'l': Thi1nk you very much, tir. Sccrc~ l:C:1TY • 33 1 COHRESI'OlJDEi.~T: 11r. Sccrc.:tury, ycstcrdiJY ynu ~;i1ic1 2 that it is inconceivable to you that. we have reached the; point ,) in this country v.lhere people put 4 were you referring to? 5 SECRETARY CONNALLY: majori~y p~rty above country. Hho George, I was ohviously refer- 6 ring to the 7 yesterday in effect voiced their objections to the actions 8 which the President took as a party matter. 9 critical of tbem for doing it, and I certainly think they 10 deserve this criticism. 11 the 14 -- and I don't know their names, because the vote was 12 not announced other than the totals, the 29 to 14 -- I 13 certainly want to commend them for standing up or not going 14 along with the majority of their own party in being critical 15 of a President after he had taken an action that he felt with 16 all of the factors considered was necessary to protect the 17 interests of our soldiers overseas and the interests of this 18 country. 19 of the Democrats in the caucus who CORRESPONDENT: Now, I was By the sarne token, I want to commend You characterize this as an action 20 taken for party reasons rather than out of genuine conviction 21 about what is right and wrong in Vietnam? 22 SECRETARY CONNALLY: Well, it has to be. There is 23 no question but what a man has a right to disagree. 24 mechanics for disagreement within this government, within this 25 democracy. He hear it all the time. There are He sec it in the He see it in the l\pproprL:tions 1 committecs of the Congress. 2 Committec, we see it in the ['orei0n P,clations Committee, ;) it in the Armed Services ComT'li ttr?c. 4 there is not agreement on what has transpired over the lRst 5 decade in South VieLnum. 6 tial action \.,hich did three things: 7 J~vnryhody \F:! s(>c knmls that But in the aftermath of a presiden- First, it just resumed bombing, which we have done 8 off and on for years, it was no new action at all. 9 he mined the harbor at Haiphong f v1hich has teen discussed for 10 years, although it was a new action. 11 the most generous peace offer that has heen mnde with respect 12 to the conflict in South Vietnam, to try to hring it \:0 a 13 conclusion. 14 Secondly, And, third, he laid down lIe said that if \'7e can have a cease-fire, if '.'le can 15 have a return of prisoners, within four months thereafter we 16 will get 17 And notwithstanding that, thcn the majority of the 18 29 to 14, voiced their specific disapproval, and I think it 19 was a very regrettable act and I am sorry that the leading 20 contenders for the presidency on the Democratic ticket 21 apparently all joined with the majority. 22 that "Scoop" Jackson, who I understand did not. 23 o~t. Now, this is a very generous peace offering. CORRESPONDENT: D~mocrats, I must except from Is it your feeling then that \·.rhen a 24 President makes an offer or takes n.n initiative of this kind 25 that it should not be objected to, it should not be que~tioned 1 under pa.rti Seln poli tics? 2 SECRETl\RY CmnJ}\LLY: i-lell, Geonw, \'1e ou']llt at lca~5 L ;) to give it an opportunity to worl~. 4 going to have plenty of opportunity for t.he next four or five 5 months to criticize the 6 to vietnam. 7 political hay out of it, because. he has brought home 500,000 8 troops that he found there when he took over, but that is 9 beside the point. 10 I Prc~sident IJo\"l, t.he DemocrCtts are for hi;,; actions with respect don't knml ho''1 they are goinq to mu.kc a lot of They have time. Now, the mining of the harbor, 1.--:he bombing tha. t he 11 has renewed in North Vietnam, the peace offer that he has 12 extended all are going to bear fruit one way or the other, or 13 prove barren, within a matter of the next couple of months or 14 so. Now, this is r·1ay, t.he middle of t1a.y, so we have ha.lf 15 16 of Hay and all of June and July and l\ugust and September and 17 October, and during that time they will have ample opportunity 18 on every stump in the country to voice their disapproval of 19 the presidential actions. 20 action vJhich the President has taken, \-lhere obviously he is 21 trying to lay it on the line, where this Nation's credibility 22 in the development of a foreign policy is also at stake, Hhy 23 they feel compelled to go up and just denounce it is frankly 24 beyond me. 25 But why they do it in the face of an I don't understand it. President Johnson never did it when Eisenhower wa.s President. 2 abou·t the partisanship s-t.ops ;) 1\.nd even \'7hen the Cuban mi;;silc crisis -- and nm-,1 President 4 Hixon, who was certainly not President back at the time of 5 the Cuban missile crisis, 6 the President, he :mpported his actions. 7 when people have to support the President, even if they think 8 he is wrong. 9 'l'llcy ahJays ta.lkcd, he emu Speaker L!yburIl taL~,~d 1 CORRESPONDENT: Zlt un~cr the water I s eclc;e f <1ncJ it (1id. John P. Kennedy, supported There an; times Are there times when the people 10 should not support the President and foreign policy beyond the 11 water's edge, when it is so wrong that it can lead us into, 12 say, a Vietnam? 13 SECRETARY CO:Jl;jl\I,LY: No, not under these circums~:ancec 14 Now I just think that, you only have one President at a time 15 and he is charged under the Constitution with the conduct of 16 the foreign affairs of 17 Chief under the Consti.tution. 18 people to express themselves and they have done so, and people 19 have done so for months and years over the war in Vietnam. 20 has a very clear understanding of the mood of the people, the 21 meod of America, and the mood of the Congress, and yet he took 22 this action and I think it is 23 is really not quite understandable to me that under all the 24 circumstances, the Democrats part.icularly, in the light of 25 their past association, not our past association with the war thi~; country. 1\'ov1, He is Commander in there are amples "laYs for He it is regrettable to me, it 1 in Vietnar.1, would 2 all wash their hands of the affair. .) easily. 4 nO\'l taJ':o this action to try to apparr;nt Iy CORRESPONDEHT: You can't do it You say there are ample ways to voice 5 your opinion. 6 did this is \Vrong or the tiMing is \'lrontj? 7 about it made you characterize it as 8 thi~ Is it your fcc liner that the format in \vhich they SECRE'l'ARY CONN}\.LLY: ~vell, Hhy is it -- \'lhat ahsolu~ely simply shocki~g? it \Vas a becau~~e 9 concerted, deliberate action on the part of the Democrats as a 10 party, as a group. 11 I·1ansfield, he has had reservations about many 12 conduct of the Vietnamese war, and he has expressed them from 13 time to time, always though Hi th reason, al\\7ays 14 objective man. 15 Nmv, obviously, leader ~1ansfield, thing~ ~1~ Hike in the i.s a very Obviously, Chairman Fulbright, Chairman of the Foreig 16 Relations Committee, he certainly has had doubt.s 17 has expressed it many times, on every television, 18 the media that this country affords. 19 others have done the same. ab~ut. ttroug~ lIe all But this was different. 20 This was a caucus of the Democratic Senators, where they came 21 together to take a party position, and to that extent it is 22 distinguished from other individual actions. 23 CORRESPONDENT: He sometimes tell our youthful 24 dissenters that they should have more faith in the systen, and 25 by that we sometimes mean the two-party system, that the t\\'O- 1 party system can handle these thillrp:;. 2 itself to mat:ters like this? SECRE'rll.PY COmJJ\.LLY: 4 Should i"t not 2(1c1rr:':;s Sure, i.t can. Sure f i t can. And the young people can dissent, but -- 5 CORRESPONDEHT: 6 SECRETA~Y Hi thin t:he party? CONNALLY: lqithin the party, but their 7 dissent ought not to go to the p0int of destroying a laboratory 8 simply because there happens to be an ROTC on the campus, for 9 heaven~) 10 sake. It is a question ('If degree. It is a question of judgment, of ho\'1 you voice your dissent. No, no one is trying to stifle dissent. 11 No one is 12 trying to say that there can't be disagreements with respect 13 to policy. 14 voice it, and the matter of doing it. 15 was I regretted to see the majority of the Democrats put party 16 above their interest of their country, and I think they have. 17 And wher, they met as a caucus and voted two-to-one to object 18 to the Iresident's actions, to voice their strong objections 19 to 20 political issue. 21 to the 22 hi~ It is a qnec;tion of hord you voice it r "ldhcn yo'~ And what I said yesterda 1 actions, I think they indeed were trying to make a I don't think they were trying to contribute olution of a problem. CORRESPONDENT: That is ",hat I am trying to pin dO\,m 1 He sa.y to our 23 as you can sec by this line of questioning. 24 young people the two-party system, the dialogue between the two 25 parties can solve problems. Now YOll COi'le along c.nd 5;'.. y hut the dis~Grvc( 1 party should not enter this particular problcn nnd 2 and that is where I have a little difficulty undcrsLnndins o exactly your point. \'lell, I think I have tried to SECRETARY CONNALLY: 4. explain it now. 6 \ve Democrats will, in !-1iami in July', the RerJUblicans \'Jill in 7 August, and they will each have a platform and they 'dill -:?ach 8 take a position and they can take whatever position they want 9 to take, and I think that is fine. 10 which they can run. 11 They are going to ~nvc 5 a party convention, That is a platform on Here though you have a specific action by the 12 President of the united states, really in his capacity as 13 Cornmandcr in Chief, dealing with a very difficult situation. 14 And the Democrats convened, all of the Democratic Senators, to 15 express their views, and they 16 the actions that he took. ex~ressed them as objecting to 17 Now, toward what end? Did it rescind the action? 18 Was it calculated to rescind the action? 19 already taken. 20 been made. 21 fait accompli. 22 couldn't be any reason except for pGrtisan political purposes, 23 that is all. 24 and november to engage in partisan poli tic(ll acti vi ties, vlherc 25 everybody can express themselves. The action had been taken. The action had been The decision had The orders to execute had been given. To what end? N0t~ing in the world. It was a There And I think there is ample time left between now But it should not h<1vC' com(~ tfo in my juc1grnr~nt., and 1 1 in this manner i:l.ncl at this tirlC 2 one individual, hut I feel very stronrJly about it. CORRE[;PO;'JDENT: I iJT:l You feel so strongly about it that 4 you said "it docs raise doubt.s in my mind about the basic 5 stability of some of the Scno.tors. 6 SECRETARY COWJALLY: 7 CORRESPONDENT: 8 SECRETARY CONNl\LLY: 9 CORRESPONDENT: 10 ju:;t II Yes. I presume you meant the cand:i_c1ates. l~lat Yes. kind of stability are you worried about? 11 SECRETARY CONNALLY: Well, I am talking about the 12 emotional stability and the intellectual stability that -- and 13 it raises questions about their perception of the presidency 14 itself, of the job itself. 15 President, \vould they have taken the same position? 16 it. 17 President, my position would still be the same. 18 was the same under President Johnson, under President I<er,nedy, 19 and it is the same under President Nixon. 20 in the Cuban missile crisis, and the President of the United 21 States 'vas then engaged in very delicate negotiations, mcrG 22 psychological then than military, but possible both. 23 entitled to the support of the American people. 24 right mind can assume that the President of the United States 25 is there for some evil nefarious reason. Suppose one of them had been I doubt that they ",auld. And if one of them h,1d I doubt D2E;:'1 My position I felt the same way lIe was No man in his l\nybody in this 1-J J~ng Ii ~;ll languClgc 1 country that ccJ.n unders tand the 2 read it or can hear it and int.crpret it at all Yeno',?") that t;lL:; oJ President is trying- to end this v' ar in Vietnam, he is t.ryL1() 4 to extricate the United States from Southeast Asia to the 5 extent that it has been involved. 6 that. And the ques tion is 7 hO~l Ot- \:".h0 t Everybody ought to do you do it. (;(1.'1 kno~ lImv do you do 8 it? Now, I noticed -- you can just see headlines after head- 9 lines, "Let's Get Out." 10 get out? 11 It is a question of hm.; do you accomplir;h these things, and 12 somebody has to deal Hith, you knovl, the nuts and bolts of hm" 13 you do it. 14 \'~ell, Do you get run out? hO'.>1 do you get out? lIm" do you Do you have a aerial Dunkirk? It is fine to get out and make an impassioned plea 15 and an E':!loquent speech and speak in abstract general ·terms, H but thai: is a little bit different from l:!hen you are charged 1? with the responsibility of accomplishing it. 18 execute 19 20 21 22 somebody has to execute. CORRESPONDENT: And for these reasons you doubt the stability, the basic stability as you say SECRETARY CONNALLY: I think it raises questions about it, yes. 23 CORRESPONDENT: 24 l'luskie, Senator Humphrey 25 When they say Of the basic stability of Senator SECRETARY CONNALLY: I didn't name anyhody. I just 1 said it raises doubts in my ],Ii no abOll t the s tablli ty of 2 of the people involved. CORRESPONDElJT: 4 ~;(),'''~ Some or all? SECRETARY CONNALLY: h1el1, I would say that I \'lOuld 5 have to include most of the 29. 6 read each of their individual minds'. 7 sure, has some degree of difference even with what they 8 yesterday, being part of the majority. 9 behoove a candidate for President, if he hopes to be President, 10 to begin to act like one, even as a candidate. 11 act like one as a candidate, I am not sure he can act like one 12 if he were elected. 13 CORRESPONDEHT: 14 SECRETARY 15 16 And I don't want to try to Each one of them, I am But I think it d00s And if he can't And you think so far these three CO~'JJ~ALI.Y: Well, I 'dould say that they haven't covered themselves with glory. CORRESPONDENT: You have had some confusion in your 17 speech here about "we" or "they," the Democrats. 18 "we Democrats ll or 19 d~d SECRETARY CONNALLY: Which is it, Well, I am a Democra't but I 20 don't like to associate myself wi~h them when I am talking abou 21 them in that vain because I so h'~a,rtily disagree with ",hat the 22 majority did, and I want to again commend the 14 who had the 23 courage to stand up in the face of a two-to-one defeat that 24 they were facing and hold their ground. 25 CORRESPONDENT: 1\1hen you \Yere talking abou t the' J1i<lmi I 1 convention of the DClTlocr<:tts, you ~;(}id 2 SECTIETl\RY CONNALLY: "\·.1C" or II thr..:y. " T'lcll, I usee] "they" because; I ;) don't intend to be there 4 because I don't anticipate that I am going to be in Miami for 5 either convention. 6 so I have to refer to i t a s I CORRESPONDEnT: they, /, It has gotten to be kind of fashion- 7 able lately, it seems, to change parties. 8 ceivable chance that you will follow the f~shion? 9 II SECRETARY CONNALLY: Is there any con- I am not in the process ~f 10 changing parties, and I don't know what has made it fashionable. 11 I will contest your basic assumption. 12 but not highly successful. 13 14 CORR.ESPO:~DEIJT: It may be fashionable Do you think it is inconceivable that you will change parties in the next year or two? 15 SECRETARY COTJNALLY: No, it is not inconceivab.i.e at 16 all. 17 doing it. 18 Because I don't make any bones about it. 19 I 20 above my party loyalty. 21 going to be in a position of supporting my party where I t.hink 22 it is not in the best interests of my country. 23 24 25 I don't have any plans to. I am not in the proces:3 of But I certainly don't think it is inconceivable. I like to thin:~ that have put my OVln interest in this country, my own philosophy CORRESPONDENT: I can't -- I never have and I am not Are you displeased or disgusted with your party? SECRETARY CONNALLY: Hell, let me put it this \,-lay, trCln::;pirc~C:l, 1 that I am not overjoyed \dth what 2 necessarily agree with the approach that many of the ~ leaders of the Democratic Party has taken on a great many 4 issues. 5 the mainstream of America and I am afraid the Democrats are 6 going to find themselves out in left field with a wide open 7 center field and without a 8 afraid. short~top CORRESPONDENT: 10 SECRETARY CONNALLY: 12 nor (:0 J ~o-callcd And I think they have frankly begun to depart from 9 11 hClS or second baseman, I'm Hhich are you? ~dell, I am not anything at the moment. CORRESPONDENT: But as a member of the Republican 13 administration, you must occasionCllly find yourself nore in 14 agreement with the Republican Party than the Democratic Party? 15 SECRETARY CONNALLY: At times I do. It depends on 16 what the issue is. 17 \-las truE:.! v,hen I \\1as Governor. 18 of Texa!i, I didn't agree with everything that President Johnson 19 did, and I said so, privately and publicly. 20 anything new. 21 But that is not a new experience. CORRESPONDENT: This I certainly -- as the Governor So it is not In this latest issue, which has 22 aroused the ire of most of the Democratic candidates, you arc 23 reported to have been a very close confidante of the President. 24 Is that true? 25 You saw him most and last an -- SECRETARY CONN1\LLY: Ho, I certainly wouldn't :;(1Y I auvi~~cr;.;, t'\l-;i~ 1 saw him most. 2 to say. ;) which I have been doing for many, milny months, and I did the 4 other day. And I have discussed it with him on several 5 occasions. Dut I ce:r..-1:ainly think. t1l0re are others who have 6 probably discussed it with him more than I have. 7 certainly fair to say that I was one of his advisers. I was one of his I did si t~ in the IJa tional CORRESP01JD:CNT: 8 I thilJK Scc\l)~i ty i:.:; L,ir Council ];!C'cc-line], Dut it is You sound, from v.rhat you have said 9 previously, as though you were thoroughly in agreement with 10 the action he has decided on. 11 SECRETARY CONNALLY: 12 it was the right action. 13 CORRESPOHDENT: 14 SECRETARY CONNALLY: 15 CORRESPOlJDENT: Yes, I am. I think basicully You hilvc no demurrers from it? None at all. It seems \\'Ie have been hearing a 16 sudden spate the last day or two from an awful lot of Cabinet 17 members. 18 able? 19 Is there sort of a decision to muke you all avail- SECRETARY CONNALLY: No. 20 much as I cun. 21 available from time to time, Gecr<:.w. 22 some time, but I have -- 23 CORRESPONDENT: 24 SECRETARY CONlJALLY: 25 I try to be available uS I can't speak for the others. with thn other networks. I have been I haven't seen you for To our loss. -- a number of the other £ello'·.'J8 And I try not to ever seek out these 1 types of intervieHs, and I didn't: sed: this one. 2 were told that I Has being intervi.C';v70d by one of the other D networks and if you were interested we would he glad to sec 4 you as well. 5 we couldn't be accused of being partial. 6 happens that at this moment I Has a· part of this decision, I 7 was one of the advisers, so I am a bi t ne'i'lsvlorthy at the 8 moment nOH. 9 on any -- without being interviewed by the national press at 10 all. 11 Treasury's regulars, as we call them, but this is a continuing 12 sort of thing. 13 yesterday or the day before, I hRd lunch with th0 Treasury 14 regulars and then today this intervieH. 15 16 17 18 I t.hlni. you But that vIas out of a sense of fairness so that I Now, it just so have gone for YAars here though vli t.hou t being This week, as a routine fashion, I had lunch with ~he So it is just as a happenstance that, either CORRESPONDENT: There is no concerted idea tha~ it v!Ould be a good idea to have some Cabinet people -SECRETARY CONNALLY: Not to my knowl(~dge, al th:>ugh that may well be, I don't knm¥. 19 CORRESPONDENT: You are not part of the plot? 20 SECRETARY CONNALLY: No, if it is part of a plJ:, I 21 am not part of it and, again, I quite frankly try not to be 22 exposed to the news media unless I 23 sayar something that \vould be helpful. 24 just to get pUblicity, and I 25 that purpose. feel I have something to I didn't come up here am not going to stay here for 1 COERE~)PONDLlJ'I': 2 ence the othor day to Uw .) this year. 4 proposed for this year? ~~ecretary, po~;~;ibili ty. you Tr\udc ~~(q(' U';: ('r- of a tax lcophole 1:-1'.: Is there going 'Lo be a tax reform 1<1\1 do you think SECRETARY 5 Ilr. CONN~LLY: George, I ~on't think so. I 6 know we are giving a great deaJ of thought, very deliberate, 7 methodical, thorough considerati0n of the tax .laws of this 8 80untry. 9 joint staff, of Dr. Woodworth and his people. 10 there will be, for a number of reasons. 11 I knmv the Y'!ays and T1eans COlnT:1i ttee is; and the I don't think First, we will not be able to get complete data for 12 1970, which will be the first year after the Tax Reform Act 13 of 1969, until October of this y2ar. 14 that we really need to see what the 1969 changes have meant. 15 So we don't have the data Secondly, with the two conventions that are occurring 16 this year, I think it is absolutely impossible to assume that 17 we could. have any major tax reform legislation for this year. 18 And I might say parenthetically that I don't think we should. 19 I don't think we should try in a volatile presidential 20 election year to try to do it. 21 Nmv, in 1969, they started early in January. They 22 finally wound up in December. 23 the only time in the history of the united States that thr:y 24 have introduced and passed maJor tax legislation in 011e y(~Clr. 25 It is the only time in history. It took twelve rnonLl1s. That is And I don't believe it can be 1 done again. 2 ~'i1e don't have time to do it. First, \ve don't have the data; second f He don't hel.ve; ~ many answers that I think we are going to have to get the rest 4 of the year; and, third, 5 major tax reform bill this year. CORRESPO~DENT: 6 ~nd ~:!e don I t have the time to have the One of the items that I heard brought 7 up and mentioned over 8 reforms of 1969's la\v, a 9 did not have to pay any income tax at all in the last year, a 10 fairly large number. 11 over again is that even since the numbe~ SECRI:TARY CONHlI.LLY: of United states corporations I don't think that is quite 12 true, George. 13 there are unusual circumstances in each of the cases, as to 14 why they didn't. 15 governments, or there vJere the results of law suits, or there 16 were losses carried fan-lard, one thing and another. 17 is nothing inherently in the law that permitted them to escape 18 their fair share of the taxes. 19 Some of them, if they didn't pay any taxes, There was a question of taxes paid to foreign But there Now, with respect to individuals, the same thing 20 applies. He nO\'l have the minimum tax. NoV!, there has been 21 much said about the 112 people t'le t supposedly made over 22 $200,000, had adjusted gross inco~e above that, and paid no 23 taxes. 24 kind of like Voltaire said, "The holy Roman r.mpire, neither 25 holy, Roman nor an empire." Well, in the first place, there wasn't 112. It was Hell, there ,-Jere not 112, there 1 were 104. l\nd Hhen you oxarnin2 those: Hlt1 --- ,\'e. h::vCTl It 2 any of them yet -- ancl a gre0. t nlClny of thcr:1 DTe (Join,] to pc']' ,) taxes. 4 because i t vlOuld take too long. And I Hon' t try to run dm'm the variou s C(l teqori e.::-, , But this is one of those things thClt people 5 6 of the air that maJ-::es a great poli tical 7 founded on fundamental facts. 8 CORHESPONDENl'; spe(~ch i;\I(:)'ced ~rr(lb out. hut f3C'ldom is Is it your feeling that l\me.rican 9 businesses, l\mcrican corporations are carrying a fair share of 10 the tax load? 11 SECRETARY CONNALLY: Nell, they are certainly carry- 12 ing the share that the laH requires them to carry, and \"rhether 13 or not -- you }:no,:l, every man ha:; his o":m idea of Ilh,c t 14 fair, hovl much should corporations pay, hml much should 15 individuals pay, what should the corporate rate be, how much 16 should the'maximum individual rate be. 17 18 CORRESPONDEN'l': is That is ",hat I am pressing for, your feeling. SECRETARY CONNALLY: Well, I think the present level 20 has evolved over a long period of time, and I would say it is 21 probably as fair as you are going to get. 22 CORRESPONDENT: As you know. an awful lot of individul1 23 taxpayers feel that they are paying very heavily and corporatiol;~; 24 are not. 25 SECRETARY CONNALLY: H(~ll, if the corporLltions Clre 1 not, it is because of the Clppl i ca t ion of the 12\.':~ r or 2 reason, because the rates are there and if they ,) they hClve got to pay the tClxes. 4 other some of them in some years don't pay, but you hClve to 5 look at them case by casp, and there is always aD answer, and 6 we have looked at hundred s of them. 7 8 CORRESPONDElJT': NOI'}' lndJ'J> ;;C'il.' )'1onoy an',! for some reuson or NO\\7-- One man's anS'ltler is ClnotJler man's loophole. 9 SECRETARY CONNALLY: That's right, but there is 10 another factor that ought to be brought in here, George, and 11 it is one nobody talks about. 12 up with the level of taxes. 13 question about it. 14 local and federal, \'le now take about 35 percent of the gross 15 national product for taxes. 16 really thinks we can take and that we ought to take and main- 17 tain a democracy. 18 I think people are getting fed I don't think there is any Counting all levels of taxation, state, That is about as high as anybody NOH, v.,hat are all the rising rates though? The 19 rising rates of taxation are not at the federal level. 20 President has since, since 1969, that we have reduced federal 21 taxes 22 that since 1962, if you want to go back a bit, in terms of 23 present-day dollars, that since '62 we have reduced federal 24 income taxes at the rate of $35 billion. 25 0.1 individuals by $22 billion. The Chairman nills told me Now, where are the taxes being increased? '1hy arc of the incr(';)~)(~ in P~-O;);·:rt·/ people unhappJ!? 2 taxes. Now, \--,here are those taxc ~ imposp(l? 3 level. They are imposed at the state and local level, anct 4 they are imposed by school districts and other local taxing 5 authorities. 6 Lrtrgely becaus(~ 1 not. C1. t the f C'clcr iJ.l So you have to separate out these things, and at 7 some point you have to c1efj_nc 'i:he terms and you have to get 8 dovm to specifics i and that is vIhy, when they start talkinq 9 about tax loopholes, I frankly want to 10 about tax reform and talk about making additional resources 11 available to spend, I want to look at the spending loopholes. 12 CORRESPONDENT: talJ~, before ~'le talk Well, let me take you back to the 13 tax loopholes. 14 have to pay any income taxes last year or the year before 15 because of unusual circumstances, those are presumably some 16 kind of a loophole that allows them -- these are not corpora- l? tions that went 18 that kind of a loophole justified? 19 a national -- 20 If, as has been SC1.id, some businesses did not backr~pt, t~at SECRETARY CONNALLY: allowed them not to pay. Is Is there a good reason for Every single preference provisio 21 in those tax laws has been thou~ht about, argued over, fought 22 over for years. 23 were dried out and examined in 19G9. 24 'rhey got the full baptism. 25 was the old Baptist revival in the creek. t-10st every one of them took a drenching and They were all dunked. It wasn't just a sprinklinq. It ri'hcy were really 1 dunked, cJ.ncl. -CORRESPONDElJ'r: 2 :J But the question is \'Jere they fished out by pressu.re SECRETARY CONNALLY; 4 SOlK' <]roup~~ people \·:cul,1 a:~}' and J obbies. SO:~10 SO!Tle of "c.hem \'7Cre, yes. 5 of them were. 6 home mortgages. 7 knock it out? 8 it is a big one. 9 am a rich man I can go and invest in tax-free rr,unicipal bonas. 10 I don't have to invest in anything else. 11 enough money and want to invest in nothing but tax-free 12 municipal bonds, that income to me can be quite considerable 13 and until 1969 was not taxable. 14 minimum tax, regardless of the source of your j.neome. 15 that is a big one. That is a deductible item. It is a loophole. Do you want to Let I s tFtke another one rand This is the tax-free Dunicipal CORRESPONDENT: 16 17 Lot's take one, one classic one, interest on ~onds. If I If I l:ave got It is now hecause there is a But For Vlhat corporations, what arc the big ones? SECRETARY CONNALLY: 18 Oh -- again, these are no They have foreign tax \vri teoffs. loop- 19 holes, certainly. If 20 foreign governments tax their income, this is one. 21 casualty losses, depending on what type of business. 22 have a major fire, a law suit for one reason or another, or 23 state taxes are deductible items. 24 argument with the state and you have got lour or five yeilrs, 25 \<le Losses, If you Hh<1t if you helve a big ,.,ill say, of \.,i thheld taxes, ",here you h<wcn I t paid sLate 1 taxes because you ldere in 2 law suit or the court enters final judgment, you pay ~ll of D that tax in one year. 4 tion, but it is a deductible item against the federal taxes, 5 so it might mean in that one year that they didn't pay federal 6 tax. 7 the things that works in the 8 in the.,sense that most people think of loopholes. law sui t. Suddenly yon ;,(d- Llc tl\r- That puts you in a very unusual situa- But over a span of time, 9 10 i1 CORRESPONDENT: the~ ta~ did, and this is one of law, but it is not a loophole Depletion allowances and things of that sort? SECRETAH.Y CONNALLY: 11 Depletion allOl'lance is in the 12 tax law. 13 are there as an incentive for drilling and exploration of 14 largely of oil and gas. 15 have been there, in spite of the fact that the incentive has 16 beE:!n thc!re -- incidentally, the depletion l,vas decrpasccl by 5 17 percent in 1969, and a number of other changes were made in tha 18 tax law in 1969. 19 They have been there, as I recall, since 1926. They And in spite of the fact that they Again, that is an incentive. There is no question 20 but what it is beneficial to those who seek and pursue the 21 product jon of 6il and gas. 22 unfortunately, in spite of these incentives, we have got an 23 energy crisis in this country because we haven't found enough 24 oil and gas. 25 to, but what arc you going to do? Nmv I But anybody can go do it. Now, you can abolish the incentives if you \'lant All you arc going to do is 1 raise the 2 gO.L~ 11',[. pricc~ of CJasolin(~ to I)ay for._ 2' t , . pro(lucb~ ~vr>,""y}-'Od\T. 'co \C. _ -' ~ that is (11J, r '1"'101-"'" j . • '-' J. S (;fJrJ '/(;1.1 a cos t .0 t evp rl 'I ::.;\1.. nc; . Sure, you can J:nock out th0. j.ncc-'!ntive?s. You can 4 knock out depletion. 5 it? But who is going to ultimately pay for 6 up to the pump, 7 that heats his home, and the utili ties that burn the gus or 8 the coal, because they all have depletion. 9 So it is a ques·tion cf The user is going t.o pay for :ii_ t.ht~ C::lY(' the fello,'7 t \,.'110 drives felloH \'1ho cooks on his stove, the? fc11m! hOVI you 'vJant to pay for it. 10 ~vhat 11 to do it? 12 get a lot of demagogic speeches made about the subject, but 13 that doesn't contribute to the solution of a single problem 14 that I know of, and He have got an energy crisis facing this 15 country right today. / as a matter of government policy, Ivhat is the "lise 'rhat is what 'de talk abOllt. NOIv, 'I'1<lY it May not even 16 And we talk about -- we have got a situation right 17 here in Washington where this gas distributor has said he is 18 not going to take on any more custo~ers because he can't get 19 the gas. 20 been paying anywhere from 16 to 35 cents at. the '\vellhead in 21 Texas. 22 Algerian gas, Russian gas in for? 23 of 40 or 50 cents laid dOlvn in New Yor}:, it. will cost you $1.25 24 a thousand cu])ic-feet. 25 It ju;;t depends on how you '\vant t.o pay for it and when yon Now, what have they been paying for gas? They have Do you know what they are going to be bringing the It is going to cost, inst.ead So you can have it any way you want it. 1 "!ant to 2 pCly f 0:(' it.. COPP.ESPOtJDENT: Have you, in your ])l."C;l(, i:il t j .) possible eventual tax refonn bi11 founc1 any of 4 or allm'lances or ";..rhatevcr. for business ()nd 5 you think should be removed? 6 SECRETARY CONNALLY: \Jell, \\78 U1C'SC' on s for corporc~tions whic~1 helve a lar<]c nunbor of 7 ideas of things that can be done, in the estate nnd qift tax 8 field 9 closely. 10 recommend changing the tax laHs 11 months to come. 12 ~)ns c1cc.1ucU this is certainly one that we arc looking at very But we have made no judgments about how we would CORRESPONDENT: f and vle probably won't for Let me turn the question ar~und. Do 13 you think that most of the exist,i.ng allo 1·;Cl.nce for corpora.tions 14 and business are things \vhich \'lere \Vorked agairst the \·.rill of 15 the people by lobbies or were they done by Congress for the 16 good of 17 th~ Nation? SECRE'I'ARY CONNALLY: They \vere done by Congress for 18 the good of the Nation. 19 fluence, believe me. 20 capital gains is itself a loophole. 21 creased from 25 percent to 35 percent in recent years. 22 largely increased in 1969. 23 Everybody knows about capital gains. 24 it out or don't you? 25 comes dmlJ1 here and lobbies for i. t. The lobbies don't have that muct. in- Now, you get into all of these thin0s: Now, that' has been iL~ t \'la~' But it is available to everybody. Now, do you want to \Vipe You know, it is not any big lobhy thRt It is just Ct question of 1 people allover this country tllac bc;licvc t.Jwt if 2 something and hold it <::inc} gUCl.lify it or th(:y hole] it: for 3 months, they are entitled to capital gains on it. 4 people have advocating extending the time from six months to 5 a year, and He are looking at that. So there are an infinite variety 6 i_ll\c:y huy Sl>: A lot of Georrrc, I carne 7 in here and the first thing I did, we started work on simplify- 8 ing the tax law, seeing if we couldn't come up with some 9 recomm:2ndations to really simplify t.he tax 1m..,. 10 you, it is an unbelievable problem to try to arrive at what 11 ca~ I will tell be an acceptable simplification of the tax law. lve take chari table deductions --- this is a big so- 12 13 called loophole. 14 deductions. 15 front 16 charitable organization, none-profit organization in the countr 17 that lives on these charitable donations. 18 an 19 deductions. 20 is trying to be evil, or the deduction of a charitable contri- 21 bution js ineguitous. 22 e~ery upri~ing, All right, say you knock out charitable Hell, who do you immediately confront? You con-- university, every hospital, every museum, every So, sure, there is there is a welling up of support for charitable That is why it is in the law, not because anybody It was felt that you ought to be able to qlve some 23 of your money and get a tax deduction if you gave it for charit- 24 able purposes, because those charities arc supposed to be doing 25 things that contribute to the social wc]forc and the soci3l 1 benef i t of thi s country, and tllC'y do. 2 again, of judgment. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .:L S il r;uC's tion , It is a question of ~~at you ~ant to ~o. CORRESPONDENT: 4 So it Tha~~ you vory much. - - - The Department of the ASHINGTON. O.C. 20220 TREASURY TELEPHONE W04-2041 STATEMENT BY THE HONORABLE PAUL A. VOLCKER UNDER SECRETARY OF THE TREASURY FOR MONETARY AFFAIRS BEFORE THE SENATE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS MONDAY, MAY 15. 1972, AT 10:00 A. M. Mr. Chairman: I am pleased to be here today to express the views of the Administration on S. 1015, the Environmental Financing Act; S. 1699, the National Environmental Financing Act; 3001. the Federal Financing Bank Act; and S. 3215, S. the Municipal Capital Market Expansion Act. The Environmental Financing Act The Administration strongly endorses S. Environmental Financing Act. 1015, the The bill would establish an Environmental Financing Authority, or EFA, which would make a significant contribution to our program for a better environment by facilitating the efforts of State and local governments to construct waste treatment facilities. EFA would purchase municipal waste treatment bonds which could not otherwise be sold on reasonable terms. To finance these purchases EFA would issue its own taxable securities in the market. EFA could not purchase any obligations unless the Administrator of the Environmental Protection Agency C-308 - (1) on has certified that reasonable actual needs, f ct" a '.va s t e terms (2) the borrower is sufficient credit has t rea t men t 2 - to to obtain finance its approved the project as eligible con s t r u c t ion g ran tun de r Federal Water Pollution Control Act, to gllarantee unable and (3) the has agreed timely payment of principal and interest on the obligations. EFA was first proposed by the President and submitted to the Congress by Treasury in February 1970. the Secretary of the Hearings on the EFA proposal were held by the Senate Public Works in 1970, Committee and additional hearings were held in 1971 by both the Senate and House Public Works Committees. The House included the Administration's EFA proposal as Section 12 of the Control Act Amendments of 1972 passed the House on March 29, Federal Water Pollution (H.R. 1972. that EFA is now being considered by 11896). which We understand the conferees on the overall Water Pollution Control Act Amendments. and we strongly urge that that the conferees adopt by the House. this Committee recommend the EFA provisions passed The Senate-passed version Pollution include Control Act EFA~ Public Works amen dmen t . Public Works Works that the Committee advisability of S. 1015 in which its expertise of obtain on finance for the of this We that section 5(b) though the "reasonable terms that is Senate Senate and to both the that Committee it to the Public recognizes Committee consider in section 5(b) Administrator of to certify EFA loan is sufficient concern has too broad, eligible terms," that bond market, and local an could borrow on bureaucracy, and for certified as they not the that unable credit a to to actual needs. understand might be on applying the the Banking provisions require reasonable its the report Environmental Protection Agency public body does reported EFA favorably without referred appropriate Federal Water of 1972 and Banking committees, financial it the in November 1971 Committee stated in makes the Amendments although EFA was of that been expresaed that for an their own i t would be independence. EFA loan even in the market EFA would become a i t would undermine that Some public bodies a the large tax-exempt threat to State - 4 - I would like to assure this intent of the Administration, that Committee of the clear as indicated in S. the purpose of EFA is simply to assure municipality in this to sell its waste country is 1015, that no denied the opportunity treatment construction bonds on Without EFA, those communities that reasonable terms. are unable to borrow the funds necessary to meet their share of construction costs will also be unable comply with Federal water qualify for q~ality to standards and to the Federal grant program under which the Congress has authorized grants for 30 to 55 percent of the construction costs of liquid waste treatment facilities. EFA is designed to take care of this one specific problem -- to remove an impediment to successful implementation of the water pollution control program already enacted by the Congress. authorized to do anything else. EFA would not be EFA could not become involved in a single municipal project that the Government is not already involved in through underlying grant program. ~o Federal the municipality would be required to borrow from EFA in order to get the Federal grant. Thus EFA would in no way be a threat to State and local independence, undermine the and it certainly would not tax-exempt bond marke~ - 5 - The demand for EFA loans would depend upon the interest rate at which EFA lends, S. 1015 requires and section Sed) of the Secretary of the Treasury to determine EFA's lending rate after considering current market yields on obligations issued by the Treasury, by EFA, and by municipalities. pro v i-d e s a s u f f i c i en t We feel that ex pre s s ion 0 f this section Con g res s ion a l i n ten t that the EFA lending rate be established so that EFA will not require a large Federal subsidy but will have the flexibility to adjust to changing market conditions and to offer communities with borrowing problems an interest rate which is reasonably in line with the rates paid by other communities. We expect that most municipal waste treatment bonds will be readily saleable in the private market and will not require assistance from EFA. EFA will be concerned only with the one out of perhaps every five bond issues that is not readily marketable on reasonable terms. Under current market conditions EFA might stand ready to lend at an interest rate of about 6 percent, which is approximately the rate currently paid by public bodies on tax-exempt bonds of medium quality. Since most public bodies can now issue their tax-exempt bonds at interest rates below 6 percent, apply for an EFA loan. of funds to the less they would have no incentive to Yet EFA would assure the availability fortunate communities. Since EFA - 6 - mig h t b epa yin g as mu c h as 7 per c e n ton its borrowings in the current market 0 wn Ion g - t e r m there would be a 1 percent difference between EFA's borrowing and lending rates, the bill provides for an annual payment of the Treasury to EFA to cover this believe the that and from the Secretary Yet we difference. this payment would not involve a net cost to Federal Government since it would be offset by the additional revenues which because of the obligations the Treasury would receive use of taxable rather than tax-exempt to finance EFA. In sharp contrast to EFA, Environmental Financing Act (S. the proposed National 1699) a large broad-purpose lending agency, would establish the National Environmental Bank, which would make unlimited amounts of credit available to public bodies environmental purposes. a 3 percent interest for a wide variety of The Bank could lend directly at rate and also guarantee obligations issued by public bodieR, which would be Administration recommends Department will submit a against S. report tax-exempt. 1699, and The the Treasury to your Committee at the earliest possible date indicating our specific problems with the bill. I would also like to aSSure your Committee that EFA will not become a large or wasteful bureaucracy. In fact, we have developed this rather novel EFA proposal - 7 - specifically to avoid such problems. structured that its EFA is so functions will be carried out largely by existing personnel in the Environmental Protection Agency and in Treasury. EPA, in the course of administering its grant program, will identify those projects in need of credit assistance; and EFA, under the direction of the Treasury, will arrange the financing. Thus, we hope to avoid the problems created in the past by legislation requiring various agricultural, health, education and other program agencies to become instant financiers. Those agencies have been required to develop debt management staffs to engage in complicated market borrowing operations. The result has been a proliferation of Federal borrowing entities competing with each other in the Government agency securities market and selling guaranteed obligations at substantially higher interest costs than would be required if their financing were consolidated. The EFA mechanism would permit savings to the Federal Government from both (1) consolidated financing of the public body obligations guaranteed by EPA and (2) debt management centralization of the financing and functions in the Treasury Department, which is already equipped to do the job. - 8 Federal Financing Bank Act On this note of more efficiency in operations, I would like to turn Federal Financing Bank Act. llOW This Federal financing to S. 3001, the legislation was submitted to the Congress by Secretary Connally in December 1971. The bill would establish a Federal Financing Bank (FFB) more efficient to provide for coordinated and financing of Federal and Federally assisted borrowings from the public. Just as EFA would permit consolidation and Treasury coordination of the guaranteed waste financing of Federally treatment obligations, the FFB would permit consolidation and coordination of market borrowing activities of all Federal agencies. fact, it has been suggested that enactment of the FFB would eliminate the In the need for EFA. FFB would be essentially a would not be able since financial shell, and to lend for any purposes not otherwise authorized by the Congress, such as EFA would still be necessary basic authorities Yet, legislation to provide the for EPA loan guarantees and for Treasury interest subsidy payments. Moreover, is conferees on the currently being considered by the overall pollution control bill and is EFA urgently needed - 9 - noW as a vital link in the chain of Federal, State, and local anti-pollution measures, which are long overdue. While we are also hoping for prompt enactment of the Federal Financing Bank Act, We urge in any event that EFA's important contribution to the anti-pollution program not be further delayed in the process. The Federal Financing Bank Act was first suggested in the President's January 1971 Budget Message, when he indicated his concern with the lack of coordination of Federal credit programs with overall fiscal and public debt management policy. The President stated that legislation will be proposed to permit the review and coordination of Federal credit programs along with other Federal programS. The Federal Financing Bank Act would implement the President's statement by providing a means (1) to centralize the marketing and reduce the cost of Federal and Federally assisted borrowing activities, (2) to aSsure debt management coordination by the Secretary of the Treasury of Federal agency direct and guaranteed borrowing plans, and (3) to facilitate Presidential review of loan guarantee activity in the light of fiscal requirements and demands on U. S. financial markets. overall - 10 - The need for more effective financing and coordination of Federal credit programs has been recognized in a number of Government and private studies over the past decade and was a matter of particular concern in the 1967 Report of the President's Commission on Budget Concepts. pressing need for the this juncture arises The Federal Financing Bank Act at from both (1) the sheer growth in the number and dollar volume of Federal and Federally assisted borrowing activities and (2) growing tendency to finance in the securities markets the these activities directly rather than through lending institutions. Because of the proliferation of new Federal borrowing activities we are already at the point where some Federal financing is coming to market at least three out of every f~ve business days. at the point where borrowings We are also for Federal programs, which have increased about twice as fast as other borrowings over the past decade, now require nearly half the total credit available in the economy. That is, the combined net market demands of Federal and Federally assisted borrowers are estimated to total - 11 - $58 billion in the fiscal year 1973, or nearly 50 percent of the expected total of funds advanced in credit markets in fiscal 1973, compared to just 22 percent in fiscal 1963. Until recent years the typical forms of credit assistance by Federal agencies were either direct budget loans financed by the Treasury or guarantees of loans generally made by lending institutions, such as commercial banks and thrift institutions, who were normally engaged in that type of lending activity and were equipped to service the loans and aSSume some portion of the loan risks. th~ volum~ of direct In recent years, however, Federal loans has dwindled and we have moved toward full guarantees of timely payment of principal and interest on loans made by private lenders so that the share of risk borne by the lender has steadily declined. Also, the Congress has increasingly provided for direct Federal interest subsidies on loans made by private lenders so that a portion or all of any extra borrowing costs resulting from inefficient financing of these loans is now borne directly by the Federal taxpayer rather than by the borrower. _. 12 - Moreover, even with complete Federal guarantees and interest subsidies, of credit at it was found reasonable interest that rates the flow for the various purposes authorized to be assisted by the Congress was not always adequate. Thus, more and more of these programs have come to be financed, borrowings, like Treasury directly in the securities markets than through lending institutions. rather This has been particularly true during tight money periods when the flow of deposit funds to banks and thrift institutions has not been sufficient to assure the availability of financing for Federal credit assistance programs. Thus, we have relied more and more on direct securities market financing by means of issues by Federally sponsored agencies, such as FNMA and the farm credit agencies; by direct Federal borrowings by budget agencies such as the Export-Import Bank, TVA, and the Postal Service; by loan asset sales in the securities market by the Farmers Home Administration, the Defense Department, HUD, VA, SBA, and others; and by other Federal guarantees of securities such as GNMA mortgage- backed securities, public housing bonds, urban renewal notes, new community debentures, merchant marine bonds, etc. Similar financing arrangements have been proposed for a number of new agencies or programs. - 13 - Federal credit agencies are thus required to develop their own financing staffs, and their abilities to cope with their principal program functions are lessened by the need also to deal with the complex debt management operations essential to minimizing their borrowing costs and avoiding cash flow problems which could disrupt their basic lending programs. Borrowing costs of the various Federal agency financing methods normally exceed Treasury borrowing costs by substantial amounts, despite the fact that these issues are backed by the Federal Government. Borrowing costs are increased because of the sheer proliferation of competing issues crowding each other in the financing calendar, the cumbersome nature of many of the securities, problems of timing and small size of issues, and the limited markets in which they are sold. Underwriting costs are often a significant additional cost factor due to the method of marketing. Under the proposed Federal Financing Bank Act these essentially debt management problems could be shifted from the program agencies to the Federal Financing Bank. Many of the obligations which are - 14 - now placed directly in the private market under numerous Federal programs would instead be The Bank in turn would issue its own by the Bank. The Bank would have securities. expertise, financed flexibility, volume, the necessary and marketing power to minimize financing costs and to aSSure an effective flow of credit for programs established by the Congress. The proposed legislation would also assure more orderly and effective Federal financial management by requiring the submission of agency financing plans to the Secretary of the Treasury and the coordination of borrowing activities by the Secretary. has The Congress required such Treasury coordination of agency borrowings in many cases, but some agencies are not subject to the requirements, and in many cases the requirements are vague or incomplete. Finally, the legislation provides that loan guarantee commitments, which are not subject overall Federal budget restraints, to the could be made only in accordance with budget programs submitted to the President. The President would be authorized to limit guarantee programs when necessary in view of the overall fiscal requirements and demands for credit. - 15 - The Federal Financing Bank Act would thus provide both a more effective means of financing as well as a focal point for early recognition of the volume of the proposed level of Government assisted credit and its likely impact on financial markets. During the course of our discussions of the Federal Financing Bank with the various agencies involved, with public interest groups and with capital market participants, considerable support for the legislation has developed. Most people agree that the coordinated and economical financing of the Government's activities and programs is clearly in the public interest. In those discussions I found it helpful to emphasize the following points: The Bank would not be a program agency. That is, it would neither add to nor subtract from existing Federal credit assistance programs. The Bank would not be authorized, nor would the Secretary of the Treasury be authorized, to make any judgments with respect to the purposes of Federal agency programs. The Bank is designed merely to improve - 16 - the financing of programs otherwise authorized by the Congress. The Federal Financing Bank would not be another big bureaucracy. It would rely upon the existing staff and facilities of the Treasury Department and the Federal Reserve banks in its borrowing operations. In fact, the establishment of the Bank would reduce Federal bureaucracy since it would eliminate the need for establishing new financing staffs for each new Federal credit program or agency. The Federal Financing Bank is not a device to remove programs from the Federal budget; nor is it a device to bring programs back into the budget. The Bank would in no way affect the existing budget treatment of Federal credit programs. If a program is now financed outside of the budget, treatment would continue. If a program is now financed in the budget, would continue. that that treatment The Bank is intended to improve the financing of all Federal borrowing activities, regardless of ~fte!r ea~K~e !l •• ~ment. - 17 - The Federal Financing Bank Act is not an assault on the market. tax-exempt municipal bond Rather than involving the Federal Government in the tax-exempt market, Bank would permit the Federal Government to withdraw from that market. arrangements the Under existing Federal agencies finance Some of their programs in the municipal market by means of Federal guarantees and debt service subsidies on tax-exempt obligations, e.g., for public housing and urban renewal. programs These currently require about one out of every eight dollars invested in tax-exempt obligations. Over time Bank would permit the the Federal Financing removal of the financing of these Federally-impacted programs tax-exempt market, that market. thus from the reducing pressures on Consequently, State and local governments should benefit, receptive markets in terms of more for all their borrowings, by enactment of this legislation. We feel strongly, sharing proposals, as is evident from our revenue that State and local governments - 18 - should have more, rather than less, independence. In emphasize the that this regard, I would like to Federal Financing Bank should not be confused with Urbank or with other legislative proposals which would permit the Federal Government to subsidize all municipal bonds, new central financial either through a financing institution or through guarantees and interest subsidy payments on taxable municipal bonds. The major concern with those proposals, understand it, is So irresistible that the I Federal subsidy will be to local officials to a drying up of the as that it will lead tax-exempt bond market, Federal control over municipal finance, Federally-imposed restrictions on the to and to volume or purpose of municipal borrowing. The Federal authority Financing Bank itself would have no to subsidize municipal obligations, would be authorized to purchase only those municipal obligations which are issued under those which are and it few programs directly subsidized by other Federal agencies. To the extent that a decision is made those particular programs Financing Bank there through the to finance Federal could be significant savings - 19 - to government at all levels. not involve the Such financing would Federal Government in any municipal borrowing or project it was not already involved in. If the Congress should determine at some future date that direct Federal subsidies or guarantees should be made available for all of the bonds or notes of all 50 states, or just for municipalities, or just for the weaker borrowers, or just for general obligations rather than revenue bonds, certain essential public facilities, legislation, or just for then, decisions must be made with the degree of Federal control, and the method of financing. in that respect to the degree of subsidy, The Federal Financing Bank Act does not prejudge those issues. Municipal Capital Market Expansion Act Mr. Chairman, you have also requested the views of the Treasury Department on S. Capital Market Expansion Act. for a 33-1/3 percent 3215, the Municipal That bill would provide Federal interest rate subsidy for the apparent purpose of encouraging States and local - public bodies to issue 20 - taxable obligations. Yet the bill does not contain a provision making such obligations taxable, and the effect of the bill would be to provide direct subsidies on tax-exempt bonds. There are also some technical problems with the bill, but we are not prepared at this point to make recommendations as to the bill's substantive provisions and we recommend against action on the bill at this time. Somewhat similar bills were introduced in both the Senate and House recently. Some of the bills provide for a 50 percent subsidy on taxable municipal bonds, and others provide percent for a subsidy of 25 to 40 to be determined by the Secretary of the Treasury. We believe that these proposals deserve careful consideration, but we must face the fact they raise complex and difficult issues of the that role of the Federal Government in relation to State and local authorities. They must be studied in the light of revenue sharing and other proposed legiSlation and with due recognition of the importance of financial independence for State and local governments. The issues raised by S. 3215, however, are not raised by the Environmental Financing Act and the Federal Financing Bank Act, which are designed - 21 - merely to facilitate the financing of programs alreadY authorized by the Congress and to permit greater order and efficiency in the management of the Government's finances. I strongly urge your approval of those two bills. Mr. Chairman, that concludes my prepared statement. I would be happy to try to answer any questions regarding this legislation. 000 The Department of the TREASURY ISTON. D.C. 20220 TELEPHONE W04-2041 FOR RELEASE ON DELIVERY REMARKS OF THE HONORABLE PAUL Ao VOLCKER UNDER SECRETARY OF THE TREASURY FOR MONETARY AFFAIRS AT THE 1972 INTERNATIONAL MONETARY CONFERENCE AT LE CHATEAU CHAMPLAIN, MONTREAL, CANADA FRIDAY, MAY 12, 1972, at 12:30 PM Given my personal activities of the past month in trying to help arrange international mOnetary forums, I want to claim a certain expertise on the subject. On that basis, I pronounce the judgment that the sponsors of the International Monetary Conference have scored again in providing just what they set out to do -- the setting for an uninhibited exchange of views to stimulate the thinking of everyone of uSo I do envy their freedom from any obligation to work to a consensus~ I can this vital and new in heritageo easing our only admire their fine judgment in bringing us to cosmopolitan center, blending elements of the old a manner that exemplifies the unique Canadian I add my personal thanks to our Canadian hosts for way with such splendid arrangements o Most of you share with me certain memories of the meeting at Munich a year ago. It opened against a backdrop of heavy speculative pressures and shifting exchange rates -- the visible symptoms of an unravelling of has been known as the Bretton Woods system u It concluded with the hardly less visible entry of Secretary Connally onto what he has called tne "well manicured playing fields of internat ional finance 0" He warned that we were entering a difficult and different period -- that we needed to face up to new economic realities that our mutual capacity to cooperate together in the common interest of our economic prosperity would be testedo With the perspective of a he did not overstate his case. C-309 year~ I am sure you will agree - 2 - This has been a period of strain and ferment. the crisis has come progress: But from Internationally, we have openly faced up to the festering sore of the persistent and growing imbalance in trade and payments within the industrialized world -- the deepening deficit of the U.S., and its counterpart in the large surpluses of others o Needed changes in exchange rates have been put in place. A small start -- but no more than that -- has been made toward more balanced defense and trading arrangements. At home in the United States, we cannot help but take some satisfaction in the present evidence of both a quickening expansion and somewhat greater price stabilityo In this city, I would hasten to add, Canada could lay claim to comparable prospectso Looking at growth and price performance together, the North American continent need yield to no other o . Finally, after several years marked by turbulence and alarm, domestic financial and international exchange markets have settled this Spring into a calmer period o I count this as progress o But I would serve neither you nor myself if 1 conveyed any sense of complacency. Far from it~ sometimes, when I talk with people at home or abroad -very often when I read the press -- always when I try coldly to assess what needs to be done, I am struck by one simple facto In important respects, a common appreciation of our problems and purposes is still lacking. I hope we have laid to rest fears that the actions of August 15 marked a retreat by the United States into provincialism and protectionism o Of course, we took strong and unilateral actions o We did so for a good reason: they were needed o Financially, the flow of dollars overseas had swelled to a torrent, eventually reaching about $30 billion in 1971, far beyond what we or foreign countries were prepared to tolerate o Abstracting from speculative forces and short-term capital, our basic balance of payments was - 3 - deteriorating at an alarming rate, reaching more than $9 billion last year o Underlying that deterioration, our once strong trade and current balance had disappeared, we were hurtling into a large trade deficit, even at a time of slow growth and heavy unemployment o Yet, by December, just as soon as the needed exchange rate realignment was achieved and trade negotiations actively started, the temporary import surcharge was gone and the Job Development Credit was extended to imported products. By February, the short-term trade negotiations were pressed to a conclusion -- not without difficulty -- with Japan and the European Community The net result was some immediate reduction in trade barriers and new commitments to liberalizing trade negotiations in the future 0 0 This record reflects no protectionist purpose. But we would be blind if we fail to recognize that such pressures do exist in the United States and that the temptations to look inward extend to slashing defense commitments and our development aid program o We can -- and we do -- deplore those pressures o More important, if they are not to spillover into crippling legislation, we need to deal with the causes o Those causes have certainly included a deteriorating trade position and the strains on the dollar. The continuing purpose of the President and Secretary Connally is to demonstrate the Administration has a much more constructive approach -- one. that supports a fair and liberal trading order o In that approach, we neither seek nor require any special advantage or favor in world monetary and trading arrangements. We recognize that, in the end, the growth, productivity, and stability of the American economy will be essential to success o But we also maintain -- and I believe the facts of our position and the monetary turmoil we have seen demonstrate -- that a new balance must be struck among the benefits and burdens of the nations of the industrialized world o This is fundamentally what our discussions on reform are all about~ - 4 I am often counseled by thoughtful men -- including some of our best friends abroad -- that we have already accomplished a great deal o Don't press our friends o I am told, to do uncomfortable thingso Above all, don't forget the political, and defense, and aid, and foreign policy prioritieso There is another refrain in such advice -- exert American "leadership"o Now, I am the last to reject American leadershipo Indeed, the events of August 15, in my opinion, were one manifestation of American leadershipo But it is apparent my counselors usually have something else in mind o That something, upon examination, often seems very much like a static adherence to the foreign economic policies followed throughout the postwar period. In practical terms, for instance, we are asked to provide more economic aid, on better terms. This, of course, costs money and foreign exchangeo Some suggest we could raise that money elsewhere -- perhaps, for example, by cutting defense spending overseas o But mutual security is a vital mattero The case is pressed at least as strongly that, in the absence of other volunteers, the U.S. must continue to bear a disproportionate share of the defense costs of the Free World. This also costs money and foreign exchangeo On the premise that trade liberalization is in the world's interest -- a proper premise -- we are urged to make the first concession to move trade negotiations along, even at the risk of weakening our trade and payments position o If that is a problem, well then we are blithely told to look to a change in our exchange rate -- as if we had not just gone through that trauma and further change would be calmly accepted by others. In the strictly monetary sphere, the call for leadership has been translated by some into a move toward quickly restoring convertibility or accepting other financial obligations -- at a time when we have no assured means of discharging such obligations o My purpose in this recital is not a futile bring tears to an audience of bankers about the demands on a finance ministryo Even less, do I the policies advocated are individually foolish effort to conflicting suggest that or ignoble. - 5 - But we have to face the simple fact tic; .. ,.;, in their totality, such policies are inconsistent and unsustaj L~,~ble without the strong foundation of external economic streLlgth, we see the restoration of a strong trade and payments position as fundamental to lasting strength for the dollar, to the stability of the monetary system, and to maintenance of outward-looking, liberal policies o If you think we have become preoccupied with the problem of getting our trade and balance of payments in order, you are right. If you consider this a mean and selfish preoccupation, of little or no relevance to the important problems of peace and prosperity, you are wrongo If you consider it will entail a difficult, complex and potentially contentious negotiating process, then we agree, for all the evidence is on that sideo In broad principle, the basic elements for success are present. Our enormous deficits are reflected in a surfeit of reserves -- specifically, a surfeit of dollars -- held by a number of other industrial countries o Several of those countries are enjoying record or near-record trade and current account surpluses, in many instances far larger, in relation to their economies, than any surpluses within memory for the United States o In logic, here is an opportunity, it would seem, for those reserve-rich surplus countries to help promote balance of payments adjustment by, for instance, taking such actions as benefitting their domestic consumers by reducing barriers to trade, or their industry by removing barriers to external investment 0 But the answers to such suggestions are not slow in comingo We hear that other nations are too divided o They are too small and too uncertain of their future prospects o They fear domestic political consequences They need more time to adjust and changeo We are told to find some other way to eliminate our deficit -- almost as if we could trade with the moon! 0 A good and sensitive friend of the U. S put it to me this way: "I understand what you are saying, but the world simply isn't accustomed to looking at it that way. After all, we like to be in surplus o We liked you to be in deficit -- so long as it was not too large!" 0 One can recognize and even sympathize with that nostalgia o But that system broke down o The political and economic - 6 - tolerance -- at home and abroad -- for an over-extended dollar is gone. A kind of cultural lag in thinking cannot change the reality that underlying shifts in the locus of world economic power from a single country to several centers has profound implications for our trade and monetary arrangements o No single nation today stands in a position to direct or dominate the process of reform o Nor can we ex~ect to look outside ourselves for some authority to enforce rules and conduct that do not fairly reflect the realities of national objectives and behavior and the economic facts of life o The real challenge for UoS. economic leadership is this: we need to make our case clearly and forcibly for new policies that will adequately reflect the new balance of powero At the same time, we need to build institutions and codes of conduct that will provide a base for maintaining harmony in a context of expanding trade and mutual prosperityo In the course of this Conference, we have all heard lucid and brilliant expositions of the ills that beset the monetary system, and methods of dealing with themo Yet, after hearing the range of opinion, I suspect you can understand why we in the United States have no prepackaged plan for reform to spring on a waiting world -- nor, frankly, have we found other nations yet ready to pronounce their considered judgmentso Even the consensus that is said to be emerging that more flexibility in exchange rates is needed in any future system hides substantial differences in philosophy and brushes over some unresolved dilemmas and difficulties in operational mechanisms 0 We have also heard different op~n~ons about convertibility, funding mechanisms, methods of reserve creation, phasing out of the dollar as a reserve currency, reserve settlement accounts, and all the resto These are relevant and important items on the agenda for discussion of monetary reform o In approaching that agenda, our views will be firm on some matters -- such as reinforcing the trend toward de-emphasis of gold -- and openminded on others -- such as the role for reserve currencies o More important, we insist that, in considering the various monetary mechanisms, they be cast against a vision - 7 of our objectives and a realistic appraisal of underlying economic forceso Particular mechanisms will work well or badly as they fit an agreed view of the kind of international economic system nations really wanto Basic objectives, philosophies, and economic structures should determine the mechanisms, not the other way around o I would like to touch upon just four of the underlying issues against which any model of reform must be tested o I do not pretend this listing is all inclusive o I do think it encompasses problems of critical importance Certainly, it reflects some of the basic concerns of the Dnited States o 0 First, we need to look hard at the implications of forcing symmetry in our monetary arrangements. The concept of symmetry is usually associated with what might be called a pure asset settlement system, an end to the role of reserve currencies, and early and effective action to deal with emerging imbalances in paymentso Among other things, it implies use of exchange rate changes and other tools of external adjustment by the DoSo fully comparable to those long available to other countries o After more than 20 years of deficit, and realizing the heavy burdens on the dollar, there are some features of such a system that have a natural appeal to the DoSo But let's also examine the full implications o Given our attenuated external financial position, we would have to start off with a succession of DoSo surpluses, strengthening our reserves o In the long run, beyond the transitional period, ~ country could expect to maintain consistent surpluses 0 Fine 0 That is the logic·o But what will be the practice? Do we have candidates among the surplus countries for moving their exchange rates, for liberalizing their imports, or for adopting other policies to change surplus positions promptly into deficit? We know how to bring pressure on deficit countries; what are the appropriate mechanisms and the disciplines for enforcing action on surplus countries? Alternatively -- and what amounts to the same thing in economic terms -- will other countries be willing in the future to see their surpluses transformed into deficits by the exercise of DoSo freedom to change its exchange rate or other policies? - <) () - If not , then we had better consider some other system. Certainly, we would reject, and every other nation would as well, a system that forces balance only by means of an internal deflation no modern government is willing to accepto Second, assuming for the moment agreement in principle on the desirability of a symmetrical system and quick payments adjustments, there remain basic differences over how the adjustment might be made o The United States has a deep-seated view, rooted both in philosophy and practicality, that we want a market equilibrium -- not a balance that can only be maintained by permanent or recurrent controls on capital or other payments Such an equilibrium implies for the U.S o the need for a large current account surplus -- which will in turn require a sizeable trade surplus. Otherwise, we will be in no position to supply aid. We would, in effect, be asking (against the natural forces) for capital to run uphill to the richest country from those less well endowed. 0 Despite our basic views on this score, we have felt it necessary, during this transitional period before our payments move toward equilibrium, to maintain the existing controls on capital outflows from the United States o A message confirming that decision for all of 1972 is in the mail to companies operating under the direct investment restraint program o The only program modification will be that special care will be taken to avoid inadvertently impeding the ability of these companies to finance their exportso Thirdly, some proposed models for the monetary system presume by their nature a high degree of coordination among national monetary, fiscal and other policies o None of us who want the benefits of international commerce can be an island unto ourselves o But detailed and continuous coordination of various policy instruments would impose severe restraints beyond those any national goverTh~ent has been willing or able to accepto Finally, there is an issue of a different kind and character sweeping across the entire fabric of our monetary and trading order o It has implications for every ~untry, but in today' s context I can sum it up in two words, "Whither Europe?" We hear a great deal about the virtues of a "one-world" system, and fear of blocs o Yet, the palpable fact is that - 9 - we have a large and expanding preferential rading bloc in being Seldom a week passes that we do not hear a report of one meeting or another to expand that area through preferential agreements, or to reinforce its cohesion in the monetary area. 0 "Bloc" is an emotive word, but I use it in no necessarily critical sense o After all, the United States has long politically supported the development of the Common Market o Moreover, monetary unity in Europe, taken by itself and if it could be achieved, could, on balance, become a constructive element in a world monetary order o What we fear, of course, are antagonistic, competing blocs, aggressively building and extending a pattern of trade and financial restrictions and controls around themse1veso We are frankly disturbed by some such tendencies, as we see them, in Europe o With the enlargement of the Community, supplemented by preferential trade agreements -- actual or under discussion covering over 60 countries and over half of industrial trade, what is left of that cornerstone of our trading system called the "most-favored nation" principle? Will a regional payments system substitute for, instead of being integrated with, a multi-lateral system? What is the meaning of exchange rate adjustment when, in the large agricultural sector where the UoS o and Canada are producing at roughly half European prices and have a large competitive advantage, a system of variable levies automatically discourages our products? The conclusion seems to me inescapable that here we have a phenomenon that cries out for wider analysis and considerationo It is one prime example of how trade and monetary issues are inextricably tied o Consideration of one without the other would be sterile o As you long since have realized, I did not conceive of my assignment today as suggesting we face an easy job, capable of quick solution from an existing b1ueprint o After all, we face no less a task than reconciling vital national interests in an agreed, realistic, and desirable monetary and trading systemo We must pick our way through a~ obstacle course of political sensitivities and simple failures of communication. - 10 At the same time. I have a sense of growing confidence o I believe a consensus is emerging on the manner of proceeding under a suitable broad mandate, reflecting the common will to move ahead and to come to grips with the underlying issues o We are freeing ourselves from the inhibition of defending what is familiar simply because it is familiar, even though it no longer works o We share a common sense of dissatisfaction with the present o We also share a common responsibility for the future. At stake is our common prosperity and the larger harmony of the world political and economic communityo Make no mistake about the role of the United States in all of this o It would be folly to think we could do it alone o But you know our basic traditions and instinct -- to look outward, to work with others, to find our prosperity in a larger whole o We expect others to discharge the heavy responsibilities that go with strength o On that basis, we have every reason to anticipate we can together build on the achievements of the pasto 00000 The Department of the TREASURY ASHINGTON, D.C. 20220 ';NTION: TELEPHONE W04-2041 FINANCIAL EDITOR May 15, 1972 RELEASE 6:30 P.M. RESULTS OF TRF..ASURY' S WEEKLY BILL OFFERING lhe Treasury Department announced that the tenders for two series of Treasury s, one series to be an additional issue of the bills dated February 17, 1972 , and other series to be' dated May 18, 1972 ,which were offered on May 9, 1972, opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000, hereabouts, of 91-day bills and for $1,800,000,000, or thereabouts, of 182-day ,s. The details of the two series are as follows: E OF ACCEPTED )ETITlVE BIDS: High Low Aver8€,e 91-day Treasury bills maturing August 17, 1972 Approx. Equiv. Price Annual Rate 99.080 ~ 99.057 99.065 3.640% 3.731% 3.699% 182-day Treasury bills maturing November 16, 1972 Approx. Equiv. Price Annual Rate 97.937 97.905 97.918 4.081% 4.144% 4.118% !I Except 1 tender of $160,000 32% of the amount of 91-day bills bid for at the low price was accepted 94% of the amount of 182-d~ bills bid for at the low price was accepted L TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: strict ston w York iladelphia eveland chmond lanta icago . Louis nneapolis nsas City llas n Francisco TorrALS AEE1ied For $ 22,985,000 3,016,585 ,000 12,530,000 17,740,000 6,895 ,000 36,110,000 249,010,000 35,910,000 32,600,000 33,605,000 32,265 ,000 67,875,000 AEE1ied For $ 12,020,000 2,664,220,000 26,085 ,000 20,070,000 3,040,000 23,135,000 214,965,000 22,060,000 27,400,000 18,725,000 27,720,000 53,485,000 AcceEted 2,020,000 $ 1,642,320,000 6,085,000 10,070,000 3,040,000 11,135,000 86,065 ,000 9,560,000 6,400,000 7,525,000 9,720,000 6,480,000 2,300,200,000 ~ $3,112,925,000 $1,800,420,000 AcceEted $ $ 3,564,110,000 $ 12, 985 ,000 2,018,585,000 12,530,000 17,740,000 6,895 ,000 20,110,000 97,810,000 25,230,000 20,600,000 23,555,000 10,265 ,000 33,895 ,000 £I ncludes $ 172,055,000 noncompetitive tenders accepted at the average price of 99.065 nclUdes $ 75,600,000 noncompeti ti ve tenders accepted at the average price of 97.918 hese rates are on a bank discount basis. The equivalent coupon issue yields are 79 %for the 91-d~ bills, and 4. 2ff'/o for the 182 -day bills. The Deportment of the lISTON, D.C. 20220 TREASURY TELEPHONE W04-2041 FOR RELEASE UPON DELIVERY RE1~RKS OF EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY (ENFORCEMENT, 'rA.RIFF AND TRADE AFFAIRS, AND OPERATIONS) before the NATIONAL CUSTOMS BROKERS AND FORWARDERS ASSOCIATION OF AMERICA, INC. WHITEHALL CLUB NEW YORK, NEW YORK May 16, 1972 12:00 Noon TREASURY'S ACTION PROGRAM TO COMBAT THEFT OF INTERNATIONAL CARGO This Administration, I am pleased to report, has made substantial progress in the fight to curb theft of international cargo. While the tide is turning, more needs to be done. Let's look at the record of what Treasury has accomplished. Early in this Administration, President Nixon directed an all-out drive against drug smuggling and organized crime. These became Treasury's highest priorities in the area of law enforcement. It became evident in 1969 that the long-neglected problem of cargo theft fell into both these priority areas; Treasury, therefore, developed an action program and charged the Bureau of Customs with implementing it. The Treasury program has two main thrusts-prevention of theft by improving cargo security and deterrence of theft by intensifying our law enforcement efforts. - 2 - The Preventive Program There are four separate but interrelated parts to our preventive program. First, we issued several regulations to improve security of high risk cargo and to obtain data on cargo losses, by cOlmnodit:y and location. Second, we instituted pilot programs in New York, San Francisco and Oakland to demonstrate that, if a few basic security measures are adopted, cargo theft can be significantly reduced. Third, Treasury, on behalf of the Administration, proposed legislation to Congress which would give Customs the additional tools it needs to combat cargo theft and pilferage effectively. The passage of this legislation (H. R.,8476, the Mills-Byrnes Bill and the identical s. 1654, the Bennett Bill), known as the Customs Port Security Act, would, in my judgment, result in the reduction of cargo theft to a minimum at all airports of entry throughout the United States within 6 months to one year and a substantial reduction of cargo theft at all seaports of entry w~thin one year. Fourth, we published the Standards for Cargo Security to stimulate carriers and other operators of cargo terminals to improve voluntarily the physical and procedural security of their facilities. These standards, where implemented by industry, will produce a marked reduction in cargo theft. Although the Treasury Department's preventive program centers on international cargo at ports of entry, an important by-product is improved security for the large amounts of domestic cargo flowing through or temporarily stored at the same facilities. Furthermore, the measures we are urging as a minimQ~ response to this problem are equally applicable to terminals handling domestic cargo. - The Law Enforco~ent 3 - Program In March of this year I ordered a step-up in our law enforcement efforts against. cargo theft and we are already beginning to see some results. Nationwide in the last two months we have apprehended a total of 189 individuals and recovered cargo valued at $280,000. In the Port of New York alone during that period, we have apprehended 28 individuals on cargo theft Charges and recovered merchandise valued at $230,000. The close relationship between this drive against cargo thieves and Customs' other law enforcement missions can be readily seen in the following cases. In New York, Treasury Agents working with the New York Police Department were able to crack two truck hijacking rings, arrest a total of 7 individuals and recover two truck loads of electronic equipment and general merchandise valued at $105,000. In both cases, the "hijacks" proved to be phony-that is, the truck driver simply gave up his load t:o accomplices. The role of organized crime in these cases lS being investigated further. In MiaDi, Customs Patrol Officers on a routine cargo securit.y patrol of the seaport observed a crew member acting suspiciously. He left his ship carrying a suitcase which he loaded into a vehicle parked on the dock. When the car attempted to leave the dock, it was stopped and a search of the suitcase revealed 70 plastic bags containing twenty-two pounds of pure heroin having a wholesale value of $2.5 million. The crew member and two other persons in the car were arrested. In addition to added pressure against drug smuggling and organized crime, one of the goals of this stepped-up enforceme~t campaign is to put the brakes on petty thievery WillCh, when multiplied over and over again, constitutes an insidious and dangerous drain on cOlrunerce. - 4 Senator Bible deserves a great deal of credit for focussing attention on the nationwide nature of the cargo theft problem through the hearings held by the Senate Select Committee on Small B~siness. Senator Bible's estimate that cargo theft amounts to $1.5 billion annually has received much attention and it does underscore the magnitude of the problem. In fact, the depredations of cargo thieves cost much more; in lost sales, markets, ann jobs, in swollen insurance rates, and especially in unfair competition to the honest businessman. The Federal Government is directly affected. Treasury may not be able to collect customs duties and excise taxes on imported merchandise that has vanished, and income taxes are lost because the importers have lower incomes and claim deductions for their uninsured theft losses. And the loss of cargo hurts our balance of payments position. As a result of the hearings held by Senator Bible's Committee, the Interagency Cowmittee on Cargo Security was formed in 1971 to coo~dinate the response of the various agencies of the Federal Government. Customs, v-lhich has been active in this area since 1969, spearheads this effort at all seaports and airports of entry. The following is a brief report on the substantial progress that Treasury has made so far and what still needs to be done. 1. The Cargo Security Regulations The first phase of the Treasury cargo security program involved writing regulations to increase the physical protection given cargo in international trade and to tighten up carriers accountability for cargo in their custody. Most of these regulations became effective on April If 1971. The physical security regulations require all carriers to have special areas for the storage of high value and broken-packaged merchandise and, at airports, an adequate number of lockable vehicles to transport such cargo from aircraft to terminal. Failure to comply can result in the denial of a permit to unlade international cargo. These regulations have resulted in a substantial - 5 improvement in the security of high-risk, easily pilfered cargo. As you are aware, the cargo accountability regulations require that discrepancies between delivered and manifested quantities be reported to Customs (on u.s. Customs Form 5931 or by submitting an amended copy of the manifest). A recent review of this reporting program revealed that in New York some carriers are filing inaccurate or unsubstantiated reports in many cases. In addition, some carriers are not reporting losses. Apart from the fact that the carriers involved may be violating the law and subjecting themselves to penalties, it is in the best interest of the importing community to report accurately and fully the extent and location of the cargo theft problem. I, therefore, strongly urge importers and customhouse brokers to comply with Customs' appeal that reports be filed immediately when shortages are discovered. I have also directed Customs to develop a special theft loss report which is to be filled out whenever any Customs officer learns of the theft or unexplained loss of international cargo. Data from this form, which should be distributed to the field shortly, will provide us with a cross-check on the accuracy of the reporting system. While the loss reporting system is still not functioning adequately, particularly in New York, I can assure you that we are reviewing our regulations and their enforcement and we intend to take every reasonable step to ensure that all losses of imported cargo in Customs custody are accurately reported to Customs. Your views and suggestions on how to improve the program are invited. - 6 2. The pilot Projects The cargo security regulations, which merely apply sound security measures where laxity had become a tradition, were developed partly out of Customs' experience with a pilot project still in progress at New York's JFK International Airport. Measures prescribed in the regulations have been put into practice there, plus others recommended by Customs for greater cargo security, such as locked boxes to keep papers out of unauthorized hands and the use of cameras which simultaneously photograph the person who receives the merchandise, his identification card and a special pick-up form. The program has been getting results. In the program's first year, reported cargo thefts at JFK declined by 28% and the dollar value of stolen goods by 69% (from $3.3 million). For the tenmonth period ending March 31, 1972, further reductions of 21% in number and 41% in value, were achieved. I must point out that these figures were obtained from the Airport Security Council and that it deserves a great deal of credit for the success of this program. Similar pilot projects have been undertaken at selected piers in New York, San Francisco, and Oakland. Customs has finished its comprehensive security surveys of these piers and the terminal operators who have received our recommendations are commencing to implement them. It is too earJy to tell if we are going to have as dramatic results on the New York and San Francisco waterfronts as we had at JFK Airport, but the initial results on the New York ~Naterfront have been encouraging. 3. Treasury's Legislative Proposal An important part of the Treasury Department program was to develop Federal legislation that would plug the loopholes still existing in Customs' control of the movement of international - 7 cargo so that it could tackle the cargo _neft problem with full effectiveness. This Administration legislation was referred one year ago to the Senate Finance and the House Ways and Means Committees. Known as the Customs Port Security Act, the bill's main features are the establishment of national standards for cargo security, the screening of persons seeking access to high-risk areas, and the restructuring of certain penalties to facilitate prosecution of cargo theft cases. A most important provision in the Customs Port Security Act is the one giving the Secretary of the Treasury authority to establish national standards for cargo security at all ports of entry. These standards will relate to matters such as special storage areas for high-value merchandise, lighting, fencing, alarm systems, patrols and guards, and separate private parking areas. I would like to emphasize that we are talking about measures as basic as putting up fences and locking doors. The lack of these basic physical and procedural safequards is responsible for a large portion of the cargo theft problem today. Because issuing these national standards may not be sufficient to curb theft in all instances, the bill also authorizes the Secretary to designate special "Customs-security areas" within ports where he finds there is an unusual risk of theft. Customs-security areas would be subject to more stringent security measures. The Secretary could require businesses whose employees sought access to these areas to be Jicensed, and anyone entering would have to display an approved identification card or badge. Customs officers would carry out these procedures and control the restricted areas. However, the main thrust of the bill is to empower the Secretary of the Treasury to make certain that minimum security measures are adopted at all international ports of entry. By requiring the same minimum security standards at all ports and terminals, the proposed legislation avoids any port obtaining a competitive advantage over - 8 another--a major defect of some regional programs to combat cargo theft. At the same time, it provides flexibility and controls costs by spotting "Customs-security areas" only where and when they are needed; not an entire port if a dock area could be specified as especified vulnerable to theft, not an entire airport if a particular carrier terminal could be pinpointed. Treasury, in fact, expects that few "Customs-security area" will be established and that those that are will not be needed long. The Treasury Department views passage of the Customs Port Security Act as an appropriate development of Customs' inherent strength. Customs is the only enforcement agency with a presence, and over 180 years of experience, in all of the nation's ports of entry. To carry out its mission to collect revenue and to intercept contraband, it has acquired a tremendous expertise in cargo security matters. The proposed legislation is supported by groups which know about international cargo, including: American Importers Association, Inc. American Institute of Marine Underwriters American watch Association, Inc. Airport Security Council Air Transport Association of America Commerce & Industry Association of New York Foreign Commerce Club of New York, Inc. National Customs Brokers & ForvJarders Association of America, Inc. New York City Chamber of Commerce New York State Council of Retail Merchants, Inc. Security Bureau, Inc. Transportation Association of America Transportation Cargo Security Council We are still hopeful there will be hearings on the bill in this session of Congress. 4. The Voluntary Program and the Standards for Cargo Security In the meantime, to provide guidance to industry and Customs officers in locating and correcting security problems, Customs developed and issued in - 9 January, 1972, the "Standards for Cargo Securitv." These standards, which will form the basis for the national standards to be issued pursuant to the Customs Port Security Act, constitute the physical and procedural security measures which we believe should be implemented by most terminal operators to provide a minimum level of cargo protection. Underneath each standard in this pamphlet there is set forth some"recommended specifications" or suggested ways of meeting it. There may be alternate means of meeting some of these general standards and each terminal operator should determine what remedial action is most appropriate. Reactions from industry indicate it has found these guidelines useful. Our Regional Commissioners report that industry is taking steps to observe these standards and we expect that there will be significant reduction in cargo theft as a result. You can help by insisting that terminal operators observe these standards. While Customs can lead the way, businesses engaged in handling cargo have the primary responsibility for achieving good cargo security. The joint Customs-industry effort was the key to success at ~K Airport. Customs helped develop a few common sense rules and saw to it that all airlines participated. The airlines at JFK-under the guidance of their own Airport Security Council--then pitched in with determination to implement the protective measures needed at each terminal. This is the sort of venture that succeeds. I am confident that, with the cooperation of your Association, Customs and industry can achieve similar results at all ports of entry. Conclusion This is an action program which has made maximum use of the limited resources available. It also ties in with two top priority concerns of President Nixon--the drive to stop smuggling of narcotics and dangerous drugs into the united States and the campaign against organized crime. - 10 If the drug smuggler can remove packages containing narcotics before entry is made, he does not have to fear the more rigorous inspection of cargo which Customs has implemented in order to reduce the influx of illegal drugs into this country. For organized crime, cargo theft has become a profitable business, especially at large deep-water ports and at major airports. For example, there was considerable evidence that organized crime was responsible for the substantial losses experienced at JFK before the institution of the pilot project. In my judgment, the tide is turning in the war on theft of international cargo. With the cooperation of the cargo handling industry and only a modest addition of funds and authority in Treasury, we should be able to reduce cargo theft at our major airports and seaports to a minimum within a very short time. While I am optimistic, passage of the Customs Port Security Act and your full cooperation are needed if we are to succeed. 000 The Department of the TRfASURY ASHINGTON. D.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 16, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of $4,100,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing May 25, 1972, in the amount of $4,205,430,000, as follows: 91 -day bills (to maturity date) to be issued May 25, 1972, in the amount of $ 2 300,000,000, or thereabouts, representing an additional amount of bills dated February 24, 1972, and to mature August 24, 1972 (CUSIP No. 912793 PA8),originally issued in the amount of $1,802,700,000, the additional and original bills to be freely interchangeable. 18~ day bills, for $ 1,800,000,000, or thereabouts, to be dated May 25,_ 1972, and to mature November 24, 1972 (CUSIP No. 912793 PNO). The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at maturity theii face amount will be payable without interest. They will be issued in bearer form onl~l and in den6minations of $10,000. $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value) Tenders will be received at Federal Reserve Banks and Branches up to the closing hour, one-thirty p.m., Eastern Daylight Saving time,Monday, May 22,1972 Tenders will not be recei.ved at the Treasury Department~ Washington. Each tender must be for a minimum'of $10,000. Tenders over $10,000 must be in mUltiples of $5,000. In the case of competitive tenders the price offered must be expressed on the basis of 100, with not more than three decimals, e.g., 99.925. Fractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. 0 Banking institutions generally may submit tenders for account of Customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to (OVER) - 2 - submit tenders except for their own account. Tenders will be receiwd without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or reiect any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimals) of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on May 25, 1972, in cash or other immediately available funds or in a like face amount of Treasury bills maturing May 25, 1972. Cash and exchange tenders will receive equal treatment. Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills Under Sections 454 (b) and 1221 (5) of the Internal Revenue CoJe of 1954 the amount of discount at which bills issued hereunder are sold is considered to accrue when the bills are sold, redeemed or otherwise disposed of, dnd the bills are excluded from consideration as capital assets. Accordingly, the owner :1 Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price paid for the bills, wh2ther on original issue or on subsequent purchase, and the amount actually received either upon sale or redemption at maturity during the taxable year for which the return is made. Treasury Department Circular No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained from any Federal Reserve Bank or Branch. 000 The Department of the IIiSTON. D.C. 20220 TREASURY TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 16, 1972 President Nixon visited the Treasury Department today to praise outgoing Secretary John B. Connally and to introduce to the Treasury Staff the new nominee, George B. Shultz. There was no official transcript made of the President's remarks of those of Secretary Connally and Secretary-Designate Shultz. However, pool reporters gave to other newsmen the following notes: President Nixon said, among other things: "Secretary Connally has agreed to stay until his successor is confirmed by the Senate ... The Secretary has been here for a year and one half; it doesn't seem that long. It has been a hard time, a difficult time, a challenging time and in some ways a very good time and in some ways there must be regrets about it. But in no similar period in the 195 year history of this Republic has Treasury done more or played a more effective role ... No member of the Cabinet has been more closely associated with me in a personal sense .... He has given counsel and advice in a whole number of areas .... When the decision is the toughest, this man is at his best .... He has been a tower of strength and has made a contribution of which all Americans should be appreciative .... When he leaves he will be available for temporary . asslgnments .... " "The decision was made several weeks ago .... We agreed the man best qualified to step into these very big shoes is George Shultz .... He has a background in government and a background in economics, and also he happens to believe in C-311 -2- the same things we do. This is important. There will be a changing of the guard but no change of the rules .... 1 mean whether it is in the field of international economics, the fight against inflation or the need for fiscal integrity ... George Shultz, John Connally and I see the situation in the same way." Secretary Connally told the staff: "I know there will be a considerable speculation about my leaving. It is fair to say that. But all of you know that when I came there was a terminal date, and that date was reached and exceeded -- exceeded by a considerable amount. Perhaps 50 percent. We have reached that terminal date. So the time has come when I must leave. I do so with mixed emotions, obviously . . . . I want you all to know what a great and rare privilege it is to serve in the Cabinet of President Nixon for whom I have such a very deep respect and admiration .... I hope you all know, as I think you do, that nothing he has done in the conduct or the policies of this government is in any way responsible for my leaving. What he has done in the field of international diplomacy, and the war on Viet Nam all have my full and my enthusiastic support. I certainly believe ln those pOlicies .... I think they n"eed to be pursued with determination, enthusiasm and vigor." George Shultz said: "Big John Connally has put on an extraordinary performance .... I ,am amazed at how much he knows, how fast he acquires information and ideas ... " "I recognize the greatness of this department, and the very high quality of work you do. I recognize the need for your cooperation and I am sure I will get it. I will roll up my sleeves this afternoon and start to work .... You have made a magnificent contribution to government as a whole and to this department, and I look to you to continue with the same spark." 000 The Department of the TREASURY IKINGTON. D.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 17, 1972 ANTIDUMPING INVESTIGATION INITIATED ON ALUMINUM INGOT FROM CANADA Assistant Secretary of the Treasury Eugene T. Rossides announced today the initiation of an antidumping investigation of imports of aluminum ingot from Canada. Mr. Rossides' announcement followed a summary investigation conducted by the Bureau of Customs after receipt of a complaint alleging that dumping was taking place in the United States. The total value of aluminum ingot imported from Canada during the period from January 1971 through January 1972 amounted to approximately $216,000,000. 000 The Department of the IHIN6TON, D.C. 20220 TRfASURY TElEPHONE W04-2041 FOR IMMEDIATE RELEASE May 17, 1972 ANTIDUMPING INVESTIGATIONS INITIATED ON PRINTED VINYL FILM FROM ARGENTINA AND BRAZIL Assistant Secretary of the Treasury Eugene T. Rossides announced today the initiation of antidumping investigations of imports of printed vinyl film from Argentina and Brazil. This product is used primarily for tablecloths, shower curtains, and similar items. Mr. Rossides' announcement followed a summary investigat ion conducted by the Bureau of Customs after receipt. of a complaint alleging that dumping was taking place in the United States. The total value of printed vinyl film imported from Argentina during the period from January 1971 through March 1972 amounted to approximately $150,000. During the same period, the total value of printed vinyl film imported from Brazil amounted to approximately $30,000. 000 The Department of the ~SHINGTON, D.C. 20220 TRfASURY TELfPHONE WD4-2041 FOR IMMEDIA'l'E RELEASE Nay 17, 1972 Sl'ATEMENT OF EUGENE T. ROSSIDES ASSISTANT SECRE1'ARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPEP~TIONS) TEN MONTH RE PO R'l' OF THE TREASURY/IRS NARCOTICS TRAFFICKER PROGRAM The following combined ten-month Trafficker Program and fact sheets on is the report for April 1972, and for the period of the Treasury/IRS Narcotics initiated by President Nixon in June 1971, the program in key locations. April 1972 In April 1972, we added 73 targets for intensive tax scrutiny and we assessed an additional $7.9 million in taxes and penalties, of which $2.7 million was seized. Also, two drug traffickers were convicted on tax charges, and indictments 'were returned in six mOl::e cases that are now awaiting trial in U.S. District Courts. Ten Month Period (July 1, 1971 - April 30, 1972) 1. 603 targets in 37 states, 58 cit.ies and the Distri.c.'~ of Columbia were selected by Treasury's Ta~get Selection Committee and referred to the IRS. (See attached Table 1.) Under the direction of IRS Commissioner Johnnie Walters, 369 Treasury Agents and 104 support personnel are presently conducting intensive tax inv~stigations on 530 of these. 2. $41.5 million in taxes and penalties have been assessed under the program, of which more than $6.8 million has already been collected in the form of cash or valued property. 3. Four men have been convicted on criminal tax charges~ 13 other criminal tax cases are pending in Federal District Courts in New York, Miami, Det.roi t, Los l\ngeles Indianapolis Baltimore and Washington, D.C.; and another 12 investigations have been completed wi th prosecuti()c, ~E~or:unenda t::'orLs. f C-312 - 2 - We believe this represents a significant achievement. By focusing attention on the key figures responsible for the narcotics distribution, this program "will make a major additional contribution to the President's offensive against drug abuse." The word for the drug traffickers is "get out of the illegal drug traffic or face up to "intensive tax investigation." The program is designed to take the profit out of the illegal traffic in narcotics and thereby further disrupt the traffic. This is to be accomplished in two ways: (1) By conducting systematic tax investigations of middle and upper echelon narcotic traffickers, smugglers and financiers. These are the people who frequently are insulated from the daily operations of the drug traffic through intermediaries; (2) By the systematic drive underway to seize - to be applied to taxes and penalties owing - the substantial amounts of cash that are frequently found in the hands of Narcotics Traffickers below the middle and upper echelon level. This aspect of the program is being conducted through the close coordination we have established with State and local police departments throughout the country, the Bureau of Narcotics and Dangerous Drugs of the Department of Justice and Treasury's Bureau of Customs. In each area of the country, cadres of Treasury Agents have been established to concentrate full time on intensive tax investigations of major narcotics traffickers, smugglers and financiers. The objective is to increase the pressure at all levels on those who traffic in narcotics. Computers are now being used in this program to facilitate the year in, year out scrutiny of the finances of these narcotics traffickers. By computerizing our information we will be able to systematically and quickl: examine each trafficker targeted under this program. Although all of the penalties and taxes that have been asseEsed may not be collected, in my judgment the impact of ~_-ni3:)rograIn on the narcotics traffic is already substantial ~nd jncreasing each month. There have been recent indications Jf a scarcity of herein on the street. The drug has been :2S5 available, as a result of which it appears that it is ';)E!:!1~ .:jold at a higher price or in a diluted form. - 3 - Attached are program fact sheets for the following locations: New York State Newark Miami Washington, D.C. Chicago Detroit Austin San Francisco Los Angeles BACKGROUND PAPER secretary John B. Connally, in the spring of 1971, recommended to the President this nationwide program. President Nixon announced the program of tax investigations of major narcotics traffickers on June 17, 1971, as part of a message on his multi-dimensional approach to combat drug abuse. The objective of the program is to disrupt the narcotics distribution system by taking the profits out of the illegal traffic in drugs. Reflecting the high priority given this program by the President, Congress provided financial support for it amounting to $7.5 million in Fiscal 1972 and authorization for 541 additional positions in IRS -200 Treasury Intelligence Agents, 200 Treasury Revenue Agents, and 141 support personnel. Treasury has coordinated this tax program with the anti-smuggling drive of its Bureau of Customs, the drive against narcotics distribution of the Bureau of Narcotics and Dangerous Drugs, and the prosecution efforts of the Tax and Criminal Divisions of the Department of Justice. We have also had the full support and cooperation of State and local enforcement agencies in the conduct of this program. This program is a major enforcement effort but it must be emphasized that it is only one part of this Administration's comprehensive drive against narcotics. The President's Multi-Dimensional War on Drug Abuse President Nixon started his war on drugs the first month of his Administration when he established the Interdepartmental Task Force on Narcotics, Marijuana and Dangerous Drugs that led to Operation Int rcept in September, 1969, and Operation Cooperation in October, 1969. He has escalated that war with a series of action programs, and progress has been made. First, he elevated the druS problem to the foreign policy level and has taken personal initiatives in soliciting the cooperation of other governments. The aim of our diplomatic efforts is to have each nation do its share and meet its responsibilities in the worldwide war against drug abuse. - 2 - He established the Cabinet Committee on International Narcotics Control, under the Chairmanship of Secretary of State Rog8rs, to coordinate the United States initiative on the international level. Second, he placed particular emphasis on the crucial roles of educatiun, research, and rehabilitation. The Special Action Office for Drug Abuse Prevention was established within the White House to coorainate Federal action in the fields of education, research, and rehabilitation. In 1971, nearly 150 million dollars were devoted to education, research, and rehabilitation. That figure will be doubled in 1972" and increased further in 1973. Third, he recommended differentiation in the criminal penalty structure between heroin and marijuana, and flexible provisions for handling first offenders. Fourth, he stressed total community involvement the private sector as well as governmental agencies -in this anti-drug abuse program. Fifth, he provided a substantial increase in budgetary support for the Bureau of Narcotics and Dangerous Drugs and the Bureau of Customs and initiated the IRS tax drive on drug traffickers. He established the Office of Drug Abuse Law Enforcement in the Department of Jus~ice to concentrate an assault on the street level -heroin pusher working closely with state arid local enforcement agencies. Sixth, he recognized the central role of the states and the need for close Federal-state cooperation in a unified drive against drug abuse. In this program, we have seen for the first time the total involvement of the institution of the Presidency in the battle against drug abuse. TADLE I .. ST.\T~ A1.1 b .1r:3 -. l \ :1 " 11. e Archor.1r,e PllOC:;lX-Tu5con Los /,nrcles-San Dcigo 5 ~t jl Fl' ~ 11 cis c c - 0 3 k 1 (l n d 1I P.Ol) Alctska Denver Col()T:'.Jo Connecticut District of Florid.:! Colu~bi~ Indiana Louisana J.1aine Haryland Massachusetts Michigan Minnesot.1 Hississippi Hissouri Nevaua Ne "J J e r s c y Neh' }.!exico Neh' York \~ ash in g ton, D. C. Miami Al b ,:my Buffalo North CJ.rolin, Ohio Oregon Pennsylvania Rhode Island South CaTolinZ'. Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin T r e ;1 5 U r y Dc' l' .1 Y' t ~~ c n t Off icc 0 [ Lz; \,' [ f'. for c CIT: C n t Greensboro Cincinnati Cleveland Portland Philadelphia Pittsburgh Providence Columbia Nashville Austin-Houston Dallas Sal t Ll1:e Ci ty Burlington Richr.1cnd-Norfolk Seattle Parkersburg Hil,."aukcc 24 28 S4 7 Atlanta Chicago Indianapolis Ne ,., 0 rIc <~ n s Bangor Baltimore Boston Detroit St. Paul-}.!inneapolis Gulfport St. Louis Las Ve[;as Ne ,./ a T k - C(l mden Albuquerque Neh' York Ci ty & 1 1 20 10 16 ~onolLllu s SELECTEll 8 11~-~ rt for~ Ha \,' a i i Geor~ia III ilW i ~ ~ '. :'.1 Suburbs 19 36 B 12 1 4 11 32 2 1 7 3 32 9 3 9 108 13 3 7 8 2S 12 1 5 3 34 2 2 2 "10 B 1 1" 603 April 30, .,... r j :1" r~"rn'" \2r l;'<'.".'. '~1('" ~ .·a~..... -'nr'/'"' ~ -1 ~,I ' G 1 . ~ .,). 6 0 3 01 TarDe Is by S'OIO rJ 1\ f1Ii'G u .-. • , .' . ..•··Y,J. r'" L..... ~ v~ .~J'-('>,.,..."'.-...n\·.;u;;;;-.···_···_·. _-. ·_···T'' .' ' '...-"'-::;-ss, r···-,~. . ··..",'. ~ {} 8 . ' ..... o, ... -.... /-1!.( __ . . , l. ' ( " K .. ,' •, - " , , - ~~ rr.CG~!\Ll O""'A . --.. ., .~ 8 .. '0."0 ". "" R ~ .". 28 ... -i I /'-';.,,, 2 3 , lit • • • • • • t.,.,," '-. ............." 7 9 "'..''-... - .. J-..!-'' HLX1~:. ""a'."..,or"~'IIoI""'I."-~~-- April 30, 1972 ~ 36 0 ." ._ '~2 , -~/~.r' r~-':1-..,'.\r- . :..;.:.':; :. ............. _ , .~--.,. : ' \ 1 ) 32 _> ... w /' An '( 2 7 <0 " ..... 20 _ S;· 1 - -----.....- ,~.. '-'" , "" .-, /C,-Av",-~ _,. , , _ \ 8 \ . 1 )\ I. . "......~~. "',"", .... " ) ,/.'_ _ ~" '--11" ,. . 120 10.;. z .~/ "'W "./J. - 1I \ ,. i rJ:'\ . . . ,. j '."" 1 \ " .h~ '~.~ '. ..~.~~ ) "." ,,' 1 37_ " 10 ..•... ';::10'; , ' . \:;:. ," . _ ""':7;:; f ,L y,:";"< . ,... :1'1)" 16 Target Assessments: $ 4,276,400 Regular Assessments Jeopardy Assessments 8,989,600 !I $13,265,400 Total spontaneous Assessments ~I (Jeopardy Assessments and Tax Year Terminations ll) Total Assessments $28,221,200 $41,486,600 Tax Year Terminations Dollars Seized $ 5,984,700 Property Seized $ 15 Cases Recommended for prosecution Criminal tax cases in u.S. Courts Criminal tax convictions 844,400 awaiting trial 13 4 II Jeopardy assessments are additional assessments of taxes made where a return has been filed, but whe~e circumstances exist under which delay might jeopardize collection of the revenue. 21 Spontaneous Assessments are expedited assessments made against narcotics traffickers as a result of seizures by other law enforcement agencies of substantial cash or other assets during the course of an arrest or a search. Because of the expedited procedures employed, the figures for spontaneous assessments are frequently in excess of the amount ultimately determined to be due. 31 Termination of Tax Year is a computation of the tax due and assessment made where the time for filing the return has not become due where circumstances exist under which delay might jeopardize collection of the revenue. Treasury Department Office of Law Enforcement April 30, 1972 NEW YORK STATE TARGETS New York State New York County Kings County Bronx County Nassau County Queens County Suffolk County Westchester County- 120 31 14 22 11 21 3 6 Albany Area 3 Buffalo Area 9 Regular Assessments $ 1,064,800 Spontaneous Assessments II (JeopardY,Assessments and Tax Year Terminations 2_/) Total Assessments $10,261,000 $11,325,800 Tax Year Terminations Dollars Seized $ 3,895,000 Property Seized $ 101,000 Prosecution Recommendations 5 Criminal tax 1 II ~I cases in u.S. Courts awaiting trial See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 NEWA7J< TARGETS 32 Total Targets Regular Assessments $ 207,400 Spontaneous Assessments 1/ $ 937,400 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 1,144,800 Tax "Year Terminations Dollars Seized $ 10,500 Property Seized $ 150,000 Prosecution Recommendations 1/ 2/ 1 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 MIAMI TARGETS Total Targets 54 Regular Assessments $ 9,408,800 Spontaneous Assessments II $ 347,100 (Jeopardy Assessments and Tax Year Terminations J:../) Total Assessments $ 9,755,900 Tax Year Terminations Dollars Seized $ 63,300 Property Seized $ 197,000 Criminal tax cases in u.S. Courts awaiting trial 3 Convictions 2 II ~I See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 WASHINGTON, D.C. TARGETS Total Targets 20 Regular Assessments $ 937,700 Spontaneous Assessments 1/ $ 512,600 (Jeopardy Assessments and Tax Year Terminations 2:../) Total Assessments $ 1,450,300 Tax Year Terminations Dollars Seized $ 44,900 Property Seized $ 40,800 Criminal tax cases in u.S. courts awaiting trial (2 in D.C. & 1 in Md.) 1/ 2/ 3 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement Ap~il 30, 197:l CHICAGO TARGETS Total Targets 36 Regular Assessments spontaneous Assessments .!/ $ 20,000 $ 440,700 $ 460,700 $ 46,800 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments Tax Year Terminations Dollars Seized Property Seized Prosecution Recommendations II ~I -01 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 DETRCIT ';'}\RGETS 32 Total Targets Regular Ass~Ssr~~ts spontaneous Assessments 11 $ 444,000 $ 646,900 (Jeopardy Assessments and Tax Year Term:'nations ~/) $ 1,090,900 Total h3sessments Tax Year Terminations D:::;llars Seized $ 157,100 Property Seized $ 4,000 Prosecution Recommendations 1 Criminal tax cases in u.S. Courts awaiting trial 2 II 21 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 AUSTIN TARGETS 36 Total Targets Regular Assessments $ 17,400 spontaneous Assessments II $ 303,600 $ 321,000 $ 180,600 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments Tax Year Terminations Dollars Seized Property Seized Prosecution Recommendations II ~I -02 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 SAN FRANCISCO TARGETS Total Targets 28 Regular Assessments $ Spontaneous Assessments 1/ $ 2,160,500 313,500 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 2,474,000 Tax Year Terminations Dollars Seized $ 182,400 Property Seized $ 83,000 Prosecution Recommendations 1/ 2/ 2 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement April 30, 1972 LOS ANGELES TARGETS Total Targets 24 Regular Assessments Spontaneous Assessments $ II 34,500 $ 1,884,900 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 1,919,400 Tax Year Terminations Dollars Seized $ 438,200 Property Seized $ 35,000 Criminal tax cases in u.S. Courts awaiting trial II 21 1 See footnote 2 on Table II. See footnotes 1&2 on Table II. Treasury Department Office £f Law Enforcement April 30, 1972 The Department 01 the TREASURY STON D.C. 20220 TELEPHONE W04-2041 May 17 s 1 S' 72 FOR IMMEDI.·f\T'~ RELEASE TREASURY'S MONTHLY BILL OFFERING The Treasury DepaL-tmen,t, two series of Treasury bills or thereabouts, for cash and maturing May 31, 1972, as follows: by this public notice, invites tenders fo::to the aggregate amount of $1,700,000,000, in exchange for Treasury bills in the amount of $1,701,075,000, 273-day bills (to maturity date) to be issued May 31, 1972, in the amount of $500,000,000, or thereabouts, representing ali additional amount of bills dated February 29, 1972, and to mature February 28, 1973 (CUSIP No.912793 pu4 ), originally issued in the amount of $1,200,095,000, the additional and original bills to be freely interchangeable. 365-day bills, for $1,200,000,000, or thereabouts, to be dated May 31, 1972, and to mature May 31, 1973 (CUSIP No. 912793 PX8) 0 The bills of both seLies will be issued on a discount basis 1ll1': t'L competitive and noncompetitive bidding as hereinafter prov:ded, aod at maturity their face amount will be payable without interest, They WJ_!_! be issued in bearer form only, and in denominations of $10,000, $15.000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the clOSing hour, one-thirty p.m., Eastern Daylight Saving time, Tuesday~ May 23,1972 Tenders will not be rev:·1."\:2d at the Treasury Department, Washington. Each tender must be fOL a minimum of $16,000. Tenders over $10,000 mu~t be in multiples cf $5,000. In the case of competitive tenders the price offe~ed must be expressed en the basis of 100 i with not more than th~ee decimals e.g. 99.925. Fractions may not be USi2d, (Notwithstanding j-he rF!:'~-' that the one-year bills will run for 365 d<':!ys ~ t',-,e ci:Lscour~:~ :i.8tf.:: ;,1._1 be computed on a bank discount basis of 36() riays! AS ~3 CU(C;-:c:tL'l t~:c:. practice on all issues of Treasury bills.) It is urged t-l13X If'c:,"::::f':-; ':~:, made on the printed forms and forwarded in the special U~,;::'\T~, l,vi-_':':.;~ will be supplied by Federal Reserve Banks or Branches on applicL'"lr ~[I: therefor. 0 (OVER) - 2 Banking institutions generally may submit tenders for account of customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to submit tenders except for their own account. Tenders will be received without deposit from incorporated banks and trust companies and from responsible and recognized dealers in invesbment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank 0 tru:o:t company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range c accepted bids. Only those submitting competitive tenders will be advised of the acceptance or re;ection thereof. The Secretary of the Treasury expressly reserves the right to accept or reject any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone biddf will be accepted in full at the average price (in three decimals) of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on May 31, 1972, in cash or other immediately available funds or in a like face amount Tr-easury bills maturing May 31, 1972 Cash and exchange tendecs will receive equal treatment. Cash -adjustmel will be made for differences between the p~r value of maturing bills accepted in exchange and the issue price of the new bills. 0 Under Sections 454 (b) and 1221 (5) of the Internal Revenue Code 1954 the amount of discount at which bills issued hereunder are sold i considered to accrue when the bills are sold, redeemed or otherwise disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insu;,.-ance companies) issued hereunder must include in his income tax. return, as ordinary gain or loss, the difference between the price pal fJr the bills, whether on original issue or on subsequent purchase, an tn2 amount actually received either upon sale or redemption at matur it dL~ing the taxable year for which the return is made. J>::·ea.stl'" y Depa r':lre t1t Ci L'll"!.. at'" No. 6·18 ,~ cur ren t revis ion) and t.his l10tice, prescribe t~le ter-ms of the Treasury bills anci govern tr,e conditions of their issue. Copies of the circular may be obtained fre any Federal Reserve Bank or Branch. 000 The Department of the TRfASU RY .SHINGTON. D.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 17,1972 The Treasury today announced that Secretary John B. Connally has regretfully cancelled his plans to attend the DECD Ministerial Meeting in Paris, May 24-26. Under Secretary for Monetary Affairs Paul A. Volcker will represent the Treasury Department at the meeting. The U.S. delegation will be announced shortly. 000 C-3l3 The Department of the TRfASURY WASHINGTON. O.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 18, 1972 TRE.ASURY ISSUES COUHTERVAILING DUTY PROCEEDIl'JG NOTICE ON CERTAIN ELECTRONIC PRODUCTS FROM JAPAN Assistant Secretary of the Treasury Eugene T. Rossides announced today the issuance of a countervailing duty proceeding notice covering certain consumer electronic products from Japan. The notice states that the Treasury has received information which raises a question as to whether the Japanese Government makes certain payments, bestowals, rebates, or refunds upon the manufacture, production, or exportation of certain consumer electronic products, which constitute the payment or bestowal of a "bounty or grant" within the meaning of the U.S. countervailing duty law. If Treasury finds that a bounty or grant has been paid or bestowed, the imports in question would be subject to an additional (countervailing) duty equivalent to the net amount of the bounty or grant. Products covered by the proceeding notice include television and radio receivers, mono and stereo systems, and tape recorders. The notice invites submission of comments in time to be received within 30 days from the date of publication in the Federal Register. It is scheduled to be published on May 19, 1972. If the Treasury Department finds that bounties or grants are being paid or bestowed within the meaning of the countervailing duty law, it will issue a countervailing duty order proclaiming the amount of countervailing duties to be assessed on imports of these electronic products. The countervailing duty would become effective 30 days after publication of the order in the Customs Bulletin. During the period January 1971 through December 1971, imports of certain consumer electronic products from Japan totaled slightly more than $831 million. 000 The Department of the TRfASURY liSTON, D-.C. 20220 TELEPHONE W04-2041 FOR RELEASE ON DELIVERY REMARKS OF MR. H. I. LIEBLING DEPUTY DIRECTOR, OFFICE OF FINANCIAL ANALYSIS, OFFICE OF THE SECRETARY, U.s. TREASURY DEPARTMENT, AT THE ECONOMIC OUTLOOK DINNER SPONSORED BY AMERICAN STATISTICAL ASSOCIATION PHILADELPHIA CHAPTER AND CHAMBER OF COMMERCE OF GREATER PHILADELPHIA THURSDAY, MAY 18, 1972, AT 7:30 PM THE ECONOMIC OUTLOOK: AND CONFIRMATIONS ~ISGIVINGS Solid progress towards the attainment of the officially forecasted $100 billion GNP increase in 1972 is clearly indicated by the first-quarter results and those other measures available for April. That may not be news, but it should be considered against the view of the standard private forecast made last December anc,. January at several billion dollars below that officially projected. Indeed, by February, some misgivings emerged over the attainment of this low forecast in reaction to publication of the preliminary retail sales figures for January and February. As I will show below, those forecasters were looking at the wrong player in the game -- when the action was taking place elsewhere. There remain a few diehards, who have raised their nominal GNP forecasts but remain unchanged in forecasting real output gains in the range of 5% to 5~%. What is news is that the major uncertainties mentioned in the Economic Report, which could have led to a higher or lower than officially forecast gain for 1972, appear to have been resolved on the high side. Not only does the $100 billion advance appear increasingly certain of att~inment, it has been my personal opinion all along, and presently,that - 2 this gain will be exceeded. Furthermore, if that be so, it would imply a momentum into 1973 that could hardly fail to extend a 1972 period of vigorous growth in production, employment, and incomes. That, of course, is my personal view, because no official reworking of the economic forecast is available. My confidence on the robust character o~ this upswing both for 1972 and going into 1973 may become clear in the perspective of a comparison of the sectoral forecasts made in the Economic Report and what they now might look like in view of more recent information: Business fixed investment in 1972 was projected to advance 8%, because the then available Commerce-SEC survey had anticipated a 9% rise and little change was expected in items not covered by the survey. Subsequent. official and private surveys indicate capital outlays in the range of lO~% to 14%. Residential construction outlays in 1972 were expected to exceed 1971 by 15% on the assumption that private housing starts would total 2.2 million units this year. That forecast would need to be revised up substantially. Housing starts at 2.5 million units, annual rate, in the first quarter already were nearly one-tenth higher, and outlays about 5% higher, than had been implicit in the official projection. State and local government expenditures in the first quarter are running above earlier estimates, and so are consumer expenditures, although by a smaller margin than business investment and construction outlays. The case for an 'upward reV1S10n of the forecasted GNP would be overwhelming, if it were not for the drag on the arithmetic of the GNP exerted by less-than-expected investment in inventories and in the net exports of goods and services account. Excluding these two sectors, which leaves us with final sales less net exports, GNP in the first quarter rose $34 billion -- several billion more than had been expected last January. The arithmetic of the GNP, which after accounting for net exports and inventory reduces the quarterly gain to $30 billion, should not disuade us from perceiving the underlying vigor of an economy in which production, employment, - 3 and incomes are increasing at an accelerated pace. Furthermore, the economy is proceeding much in the tradition of earlier economic expansions in the postwar period, with respect to overall momentum and sources of stimulation. Indeed, it is this momentum which makes 1973 look bright at this time. But, the forces which will be operating on the economic environment at that time are so uncertain as to make any judgment hazardous. As a career forecaster in several Administrations, I know that the prudent forecast is the one better left unsaid. Now, an optimistic view in part reflects a somewhat different analysis of 1971, and that of circumstances developing in 1972, than has been incorporated in many forecasts. It will be recalled that the consumer frequently was characterized as the "key" to whatever economic expansion would develop in 1972. If only that player, it was said, would perform well, that is to say reduce his saving from what appeared to be abnormally high rates, the economy would turn around and the expansion would be assured. Surprisingly, this view was held not only by those economists of a monetarist persuasion, who tend to view economic developments as reactions to disturbances and reattainments of ratios of cash balances to income of persons and business. Others who tend to view the dynamic fac~ors of the economy as positioned elsewhere appeared to forgp-t their own theories. Finally, there were those who did view players other than the consumer as dynamic, but assigned them minor roles. This consumer-oriented view of developments appears to me to be a misreading o~ the experience of business cycle developments in the postwar period. The characteristically dynamic forces of an expansion typically are found in the so-called nonconsumption sectors of the economy. In my view, the consumer is not at all the "key" to comprehension of recent economic developments. The characteristically dynamic forces in the early stages of an expansion typically are the acceleration of plant and equipment spending) heavier investment in inventory, or rising Federal outlays. At the outset of economic expansion, the dynamic movers are not consumers) but producers or government. Certainly, this was apparent in the last three economic expansioLs. Perhaps, it can most vividly oe illustrated by - 4 citing the ratio of personal consumption expenditures to total GNP in earlier expansions. During the upswing beginning in 1954, this ratio declined from 65.1% to 63.8% from trough to six quarters later. In the expansion beginning in the fourth quarter of 1958, the ratio declined from 65.6% to 64.5% in six quarters. In the expansion starting in the first quarter of 1961, this ratio declined from 65.2% to 63.3% in six quarters. In the current expansion, a high" in this ratio developed in the third quarter of 1971 and has since declined apparently a beginning in the typical sequence of the earlier expansions. Indeed, the sector analysis given above for 1972 would suggest that a further decline in this ratio may be expected in subsequent quarters of this year, as nonconsumer demands continue to rise. Accordingly, an optimistic view of 1972, as well as the implications for early 1973, clearly points toward a buoyant performance. A second implication of this analysis relates to the dampening effect that the overwithho1ding of taxes of individuals, at an annual rate estimated at $8 billion, was presumed to have exerted on the economy. If the forces of expansion reside in the nonconsurner sectors, as suggested here, then the overwithholding would be expected to have provided little deterrent to total spending in the economy. That now appears to have been so. Indeed, what may appear ironic to fine tuners of a fiscal persuasion, the increased overwithhb1ding may have exerted an effect that is opposite to their usual prescriptions and remedies. To the extent that increased overwithho1ding contributed to stability in market interest rates because of lessened Federal borrowing requirements, the total impact of the overwithho1ding ncaper" might well have been supportive of the expansion. As one result, the flow of savings to depository institutions has continued to mount impressively in 1972 in reaction to relatively low interest yields. This has created the underlying support for the ongoing housing boom. This is an unusual bonus for overall economic activity because housing typically begins to wane as an economic 2YD2DSlCn develops. Last January, the Economic Report had indicated that mRjor uncertainties existed which could produce a level af economic activity either higher or lower than has been forecast. l1y personal view is that the weighted sum of uncertainties v7ill be resolved tmvard a higher GNP than had been - 5 forecast then. Moreover, these forces (such as business spending on plant and equipment, restoration of a more normal inventory-sales relationship, and eventual improvement in the net export position) will continue to exert their influence in the first part of 1973. Against this perspective, the problem in the quarters ahead might need to be restructured in terms of some reduction in the thrust of fiscal policy to assure greater stability in rates of economic growth. 00000 The Department of the IASHINGTON. D.C 20220 TRfASURY TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 19, 1972 TREASURY ANNOUNCES FIRST PROPOSED REGULATiONS FOR DOMESTIC I~1'fERNATIONAL SALES CORPORATIONS cnSCs) The Treasury Department today announced the first of its proposed regulations governing the organization and operation of Domestic International Sales Corporations (DISCs). The proposed rules specify the general conditions a corporation must meet to be treated for tax purposes as a DISC, the required capitalization, the method of accounting that may be used by a DISC, and the election of a taxable year by a DISC. The new regulations conform to the requirements contained in Revenue Ruling 72-166, which the Internal Revenue Service announced on March 16, 1972. Treasury's proposed regulations were issued under Sections 991 and 992 of the Internal Revenue Code, which were added to the Code by the Revenue Act of 1971. The regulations will be published in the Federal Register for Saturday, May 20, 1972. Before adopting the regulations, Treasury will consider comments or suggestions submitted in writing to the Commissioner of Internal Revenue, Attention: CC:LR:T, Washington. D.C. 20224. within 30 days after after publication in the Federal Register. 0, request, Treasury will hold a public hearing on its proposals. Under the Revenue Act of 1971, Congress provided that DISCs are entitled to special tax treatment for taxable years beginning after January 1, 1972. The Act makes it possible for United States exporters to receive,through a domestic corporation qualifying as a DISC, favorable tax treatment for their export income. The DISC itself is not subject to United States Federal income tax. THE DISC's shareholders are treated as receiving onehalf of the DISC's earnings currently, whether or not actually distributed. The remaining one-half of the DISC's earnings may be retained by the DISC and reinvested in its export business, or used for other specified purposes, without, in general, liability for Federal inc orne tax. 000 C-3l4 The Deportment of the lISTON, D.C. 20220 TREASURY TElEPHONE .W04-2041 FOR IMMEDIATE RELEASE May 19, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of $4,100,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing June 1, 1972, in the amount of $4,205,745,000, as follows: 91 -day bills (to maturity date) to be issued June 1, 1972, in the amount of $ 2,300,000,000, or thereabouts, representing an additional amount of bills dated August 31,1971, and to mature August 31, 1972 (CUSIP No. 912793 NK8) ,originally issued in the amount of $1,199,890,000 (additional amounts of $500,275,000 and $1,796,105,000 were issued'November 30, 1971 and March 2,1972, respectively), the additional and original bills to be freely interchangeable, ., 182-day bills (to maturity date) to be issued June 1,1972, in the amount of $1,800,000,000, or thereabouts, representing an additional amount of bills dated November 30, 1971, to mature November 30,1972, (CUSIP No. 912793 NN2), originally issued in the amount of $1,200,655,000 (an additional $500,080,000 was issued February 29,1972), the additional and original bills to be freely interchangeable. The bills of both series will be issued on a discount.bas1s under competitive and noncompetive bidding as hereinafter provided, and at maturity their face amount will be payable without interest. They will be issued in bearer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the clOSing hour, one-thirty p.m., Eastern Daylight Saving time, Friday, May 26, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must be for a minimum'of $10,000. Tenders over $10,000 must be in multiples of $5,000. In the case of competitive tenders the price offered must be expressed on the basis of 100, with not more than three decimals, e.g., 99.925. rractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions generally may submit tenders for account of Customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to - 2 - submit tenders except for their own account. Tenders will be recei~d without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompani, by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcemen will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or reiect any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimal of accepted competitive bids for the respective issues. Settlement fc accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on June 1, 1972, in cash or other immediately available funds or in a like face amount Treasury bills maturing June 1, 19720 Cash and exchange tendE will receive equal treatment. Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills. Under Sections 454 (b) and 1221 (5) of the Internal Revenue C~E of 1954 the amount of discount at which bills issued hereunder are sol is considered to accrue when the bills are sold, redeemed or otherwisE disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price pa: for the bills, whether on original issue or on subsequent purchase, al the amount actually received either upon sale or redemption at maturil during the taxable year for which the return is made. Treasury Department Circular No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained frl any Federal Reserve Bank or Branch. UNITED STATES DEPARTMENT OF THE TREASURY OFFICE OF THE SECRETARY PRESS CONFERENCE held by TREASURY UNDER SECRETARY for MONETARY AFFAIRS PAUL A. VOLCKER at the LE CHATEAU CHAMPLAIN MONTREAL, QUEBEC MAY 12, 1972 This transcript was made from a tape recording. }lr. Vo lcker, VJould you have te'1 well chosen QUEST Ion: CO~Fe~ts on Dr. ~urnsl te~ point monetary reform prOJram? ,l,NSilER: sa" I ha';e aot examined t~is thorOtl~~:hl~i. tIe \Jas settin:'~ out Imat, 1.n :-:is opinion I tjink, are some of the c;'}aracteri.stics 0; t~e reform system. a~d matters. But it certainly wasn't any kind of a model for it doesn't sug3est any specif~c U.S. pOSition on these Sut otviously he was setting out some general principles that, in ~is mind, are valid and certainly I would share some of them. QUESTION: Hr. Volcker, I am 5_nterested in the last point he makes about the urgent necessity to start the process quite promptly. Do you agree with the urgency of the situation, I mean, is there any sort of of tin~e d~fference in the sense tac'le? ;\nSWER: table. rebuild~~g I am not aware of any difIerence in a sense of time We certainly want to move ahead with the progress we are in two directions. ffiakin~. this is something that could be put a very short period of t·i_me. this. I am encouraged Now let me say I am encouraged a~>Nare, As you are w~t~ we have not thought that to~ether in finished form in He think there are very large issues involved and part of my encoura3ement is, I think, that that point is basically and You see it I think ~ve increasin~,:ly accepted 0:' others. , LO such th in2"s as L:e discus s ions o :c tne Lorum, Where v ~ are 20ing to corre up \'7it~1 1 a fort 1 m or a combination of forums fairly promptly that have a su itably wide hor:i_zon for - 2 - looking at these problems. They are going to look at it in the right context, which is the context that we are really re0l 1 ilding and reconsidering, not only the monetary order, ~"1t t>e trading order ;_n many ways because they are intimately related and this kind of consideration, I think, is much better recognized today than it was, let's say on August 15. That it's not just a matter of going back to Bretton Woods, putting together some monetary mechanics and then proceeding --- a recognition that the monetary mechanics, important as they are, rest llpon some much deeper and more fundamental characterist5_cs of the world economic system. I am distinctly encouraged by the fact that that kind of approach is, I think, much more generally recogn ized . Now that kind of approach and realization,I thin~has the corollary that you don't solve these problems overnight--that there are some very tough and difficult issues upon which there is and will be a good deal of contention and we have to work our way through that, but there is no substitute for that. QUESTION: Could you follow up that point about the forums. vIe have heard a lot about the Group of Twenty and I think everyone is familiar with that. But there have been suggestions, now .. that there will be trade talks somewhere within the framework of the OECD, presumably providing a bridge with the GATT in much the same way as the Grollp of Twenty will provide a bridge with the IHF. - 3 - ANSWER: Given the very breadth of the problem about which I was just speaking, I think that you can expect that a number of groups are going to be involved in this and properly involved, in my opinion. There are the trade negotiations proper, so-called that we had commitments made for as long-ago as February. This entails some kind of specific negotiations on trade, tariffs, and non-tariff barriers and all the rest. You tend to think of that locus as GATT or surrounding GATT. We've got the DECD which, by its very mandate, covers a gamut of issues here that are relevant---monetary, trade, harmonizing fiscal policies, tax policies, investment policies. Certainly the DECD, if it is a live and useful organization, I think has a role to play in this process and I think they are going to be able to playa role. There is room for discussions in the DECD and there have been some discussions as to how, if at all, there needs to be some restructuring of the GATT internal organization to facilitate this. It's an organization which, in its nature in effect, recognizes the linkages here. So I think that they will have a role to play. You referred to the Group of TwEn ty. I think there is some consensus developing there and that, in the end, is, in a sense, the prime negotiating group, the constitutional negotiating group on the monetary issues. But even there, and I think this . is recognized, they can't be look at as ~f in a vacuum, and the Group of Twenty if that's what emerges, is going to have to have a broad horizon and I think it will have a broad horizon. - QUESTION: :~irst L~ - Mr. Vo1cker, I have sort of a two part question of a11 i were you somewhat surprised by the points that Dr. Burns advanced in his suggested reform of the international monetary system? The second part is did you discuss this pa rt iC:1 1ar Eu rns' ta 1k with Mr. Conna 11y th is morn i.ng? ANSvJER: No! On the latter, no! You may have read Mr. Burns a bit more carefully than I this morning. I th~nk Mr. Burns is settin8 down some points which are important, many of which I would th:;.nk are as important as he does. The emphasis may vary on other points. QUESTION: Hou1d you comment on Mr. Burns' conclusion that eventual convertibility of the dollar is an essential element? Convertibility oE the dollar is certainly going ANSWER: be one of the subjects under discussion and we are going to d·i.scuss it. of som~thing Converti.bi1ity of the dollar is a typical example you can't consider 5_n a vacuum. There is nothing in convertibility itself as a mechanism that's goj_ng to deal wi the under1yi.ng problems of the system. It's a relevant mechani If we are go:Lng to have a convertibility system, it :l.mp1ies, I think, a host of other consequences. shape It's certa in1y possible t a system in which the convertibility of the dollar (and there are all sorts of convertibility) is appropriate and Llsefu ,ve are not rejecting those systems. Df this, say: We will, and you can be su if that's the kind of a system we are going to .1ave, we better make sure that all the other parts of the syste are in place t:1at make this a useful, workable and ~elpfu1 part J£ the system. TZ1at' s what concerns us, not the convertibility - 5 - QUESTION: In that case Mr. Vo1cker, would you specify what the other parts of the system are? ANSWER: What the conditions are? Let me answer the question a little more broadly than you posed it. Let me go all the way, in a sense, and look at the convertibility of the dollar in the sense of what's called a kind of asset settlement system---a11 deficits are paid for by the use of reserve assets by all countries, the United States and others. Let's rule out reserve currencies in this kind of a system entirely, just to make your in a sense. question even more pointed, And we say, well fine, we understand, I think, some of the characteristics of that kind of a system, anyway. what does it imply? But Well it implies in the short run (and the short run here is a period of years) I think, for the United States, starting from an extremely attenuated international financial situation, if you want that kind of a system to work well we'd better think about running a surplus for a while so we . get the assets to make asset settlements possible. You are not going to have a successful asset settlement system if you have m ~sets. I think you take that as a given. If you have too few assets and too many liabilities, it's not going to work. We have a lot of liabilities and not many assets because we have been running deficits for twenty years. So the first thing we say is, okay, but that kind afa system really, in a very pointed way, says the United States better move into surplus. And that raises all the questions involved for ourselves and for other countries, - ,- c - __ I . .. irrpll'cit ion t1a'L-. -tn the longer run, it certainly sllggests all countries NOTV are going to have to remain close to '~Ol1 ver:l s irr.ply, fine. def~cits. eq~ilibriurn So we say knovJ, we are not llappy abol' t runn ing When you look at our past experience, that implies a n improvement, bu t when we look a t other COlm tries, they've rather heen used to runnin3 surpluses and what you are saying in this system, and let's be perfectly clear abollt it, what you are saying in this system is that other countries are not going to he able to run surpluses for any sustained period of time ... Okay, fine, but that's what we want to point out. That is the implication and is tGis the way countries are willing to operate their economies, willing to operate financial systeml t~e international There may be some suggestion I think, in history, that countries are not ea3er to voluntarily give up surpluses. They rather find surpluses comfortable, for very obvious reasons. So that then raises the next question. 1u_' nd of d'lSC1P . l'lnes, wh a t k'1n d arran~ements h' mec.an1sms, wh at k' .1n d 0 f do you have to overco.ne the natural instinct to want to run a really says f 0: What s~rplus. may~e We don't want the kind of a system which tv70 things: yOll rna inta in this kind of jalance in an asset settlement system by the brute force of contro on the one hand, or ty creating deflationary pressures allover the place on the other hand. \~);,iC~l S :-8 So that's the kind of question I t:1ink underlies that kind of a system. terr, \,Je' d jet ter look at the impl ica tions , In buying the - 7 - QUESTION: Mr. Volcker, do I understand correctly that, notwithstanding Mr. Burns' personal relationship with President Nixon, that you regard his statement today as a purely personal one which should not be interpreted, in any sense, as an initial statement of basic principles by the United States? ANSWER: You've got some advantage on me in having read his statement, I am sure more fully than I have. not sure I read the final vers ion. some point. statement. I've read it. I'm I read a copy that I had at I didn't find anything revolutionary in much of that He emphasized the need for cooperation and consulta- tion, working without partners. I fully share that. That is United States policy, no quest ion about that. He emphasized, as I recall, some difficulties in expecting too much perfection in coordinating national policies. I happen to agree with that, and I am sure Mr. Connally agrees with that and I am sure the President agrees wlth that. principle I think it is a fair statement. At tbat level of You are going to have to be more specific. QUESTION: ANSWER: Taken as a whole, as a ten point program is this .... We have no ten point program. Burns has a ten point program. I am not sure Mr. He was stating some general considerations that he thinks underly some mechanisms. If you want to pick one point or another of it, you are going to have to tell me what the point is. QUESTION: One specific point, Hr. Volcker, that is controversial in Dr. ?urns' speech that hasn't been mentioned -is ti·lat be does sa' that perhaps the dollar should remain as a reserve ci'rrency after all and I wonder .... ANS~'!ER: on that. t,.]ell, all right! Tile have, I think, no fixed view It's obviously a question which is of concern and should be examined, I think, with an open mind. QUESTION: Hr. Volcker, you sa:Ld earlier that yOll thought that perhaps the Treasury Department was at variance with some of the principles, as you call them, that Dr. Burns .... ANSHER: I don't recall saying that. QUESTION: Then I misunderstood you. You said that YOll are not at variance with any .... ANSHER: Hell, you will Llave to ask me a particular princip and I'll tell whether I think we are at variance. QUESTION: ("!ell, I thought that's what yOll had said, th:at's why I brought it up. QUESTION: J>1r. Vo lcker, one princ iple which I'll just read. He says, "It's sometimes argued that, as a part of reform, gold s:lould be demonitized. As a practical matter, it seems doubtfl1l to me that there is any broad support for eliminating the mone~ role of gold :i.n the .-,ear :::ptpre---nevertheless, I would expect t monetary role of zold to continue to diminish in the years ahead willIe the role 0:::: special drawing rights 5.ncreases. II My under- standing of the Treasury position,has been a little more de-emph 0:;' ~old t~lan tl-lis impi ies .. 0 • - 9 - ANSWER: Well, certainly I think you can say the United States government position is that the role of gold should continue to dtminish. It's been a long trend in that direction. expect it to continue. QUESTION: We We will encourage it to continue. Rightly or wrongly, a number of Europeans have, in fact, mentioned that they have no idea exactly what the United States wants. Does this speech in any way assist them, do you think, in indicating what a proper agenda for refonn might be? ANSWER: I don't know what you mean by the word "agenda." QUESTION: Without trying to indicate that this is an agenda but questions in particular that you would like to see .... ANSWER: Well, I think the specific questions, in terms of devices, mechanisms or whatever, are not very difficult to make into an agenda. It was already made at the Smithsonian--- the question of convertibility, the question of exchange rate regime, the question of dealing with short-term capital controls. In that sense, the Smithsonian already had a pretty good agenda. is questioning the agenda in that sense. Nobody What we are saying is, as I said earlier, Okay, those are devices, those are mechanisms. What we are really talking about in the end is the world economic order. And we have to assess each of those questions and there is a great variety of proposals surrounding each of them. Let's examine them individually and together in a coherent whole against what we really want and w',at' s really workable. -10 QUESTION: Do you believe that there is any substance in t:le complaint that we hear from 8 nnmber of Europeans that nobody knows precisely what you v\1ant? ANSHER: If the complaint is the United States :las no plan that it is willing to put on the table at this point, I plead that we are in the same position as every other government for good reason. QUESTION: I think it is too early to be at that stage. Doesn't that illustrate perhaps another philo- soph:i_cal difference between the government position then, and what Dr. Burns sa id . Because the over riding quality, as I real it, or this whole statement of Dr. Eurns gives you a sense of urgency. He said, "Indeed I feel it is an urgent necess i.ty to start the rebuilding process quite promptly.1I ANSWER: No, I think you are reading too much into this. I am a,'Jare of no difference with Dr. Burns as to urgency or to the wisdom of putt ing forward a plan, so -called, at this point. To the best of my knmvledge, Dr. Burns has no such plan. QUEST ION: timing. I \Ai onder, if I could ra ise a general po in t of It seems to De agreed that not much could be done this year in v:Lew of the election here and some oi: the variot1s probl on the European plate, but would it be reasonable to expect an agreement, say, by the Fund meet:Lng in September, '73 or shauldi one look more, say, towards the Fund meeting in '7L:-: the year after. ANSl-JER: QUESTIO~: By saying election here, you mean Canada? No I am sorry, I mean the States. - 11 - ANSWER: I have a certain sensitivity to that point. The Fund meeting of '73 seems to me a useful target date. QUESTION: ANSWER: For an agreement? What do you mean by agreement? stages of this process. There are several It took, in actually writing the SDR amendment, as I recall, a long time after there was basic agreement. I don't think I should be more specific. QUESTION: Well, what do you mean by target date? Target date for what? ANSWER: Target date for getting a general agreement. we can do more than that, fine. If Maybe the general agreement can be agreed amendments, maybe it can't be. You go into technical problems, too. QUESTION: Mr. Volcker, Dr. Burns in his speech suggested that trade talks be held in parallel or complementary to the monetary talks. Do you agree with him that they should be held separately, or do you .... ANSWER: Let rIle make a distinction between trade talks, I tried to make earlier. There are trade talks in the nature, as I indicated, of what do you do with this non-tariff barrier, what do you do with agricultural policy, what do you do in very specific terms. You strike bargains. Those talks clearly are in a sense parallel. There are aspects of the trading system, in a sense the basic rules of the trading system, where I don't think it's a question of being parallel. They are part and parcel of the economic - 12 and monetar'.· and trad ill: s truc tLl re of the world and I ju st can't co:[cei.ve of considering them separately hecause they go together Now let me ~~ive VOll just one example of that. W:lat is the Common Market? That's what it has ;Jeen. 11 n it, a monetary reg ion. It The Common Market It's a trading bloc, in one aspect. It's working hard to become a monetary NO\-l they reflec t bad: on each other. is a maj or phenomena in the world economic s ys tern. the rules ~or Ttlha tare regional arrangements of this type, trading rules, monetary rules. ~iO'iv do they get integrated into a world order? Well, you can say let's go consider the trading aspects in that corner and the monetary aspects in the other corner, but if you ask me to say that is the wi.sest way to proceed, I am not going to a~ree with you. QUESTION: Mr. Volcker, I don't know whether you are intend in: to confine this merely to the international but can I talk about Canada-U.S.? Al[ythin~,; ANSHER: QUESTION: is free ::3ame, I 2:uess. Is a rev:le\V of t~le U.S. position on these trade talks with Cailada now underwav? ./ ANSWER: We're always reviewing our position. QUESTION: Well in specific response to Mr. Nixon's Mid-Apri visit to Ottawa, i_s there some other review t1nderway then, or some special review underway? AnSWER: QUESTION: ANSHf;'R: ",Te're always ready to look at this. Ivhen do you expect a resumption of the trade talk: I don't kno T,,7. I don't know whether Canada is prepared to come vlith any nel7 proposals. - 13 QUESTION: ANSWER: Is it cont ingent on Canada corning forward? Well, certainly I think it was clear, the position we were in in FeLruary. We had no satisfactory proposals and i;: that's the position, there's no QUESTION: ANSWER: basis. There's no basis for resl.1 mption of the talks? I say "ifi'! QUESTION: No, as I say, there is no bas is :for resumpt ion \... ta 11~s, ~1.. . .c: t"ere h h , . t he C d '~an as ':Jeen no cnange ~n ana of tde . . pos~t~on. T:1at 's your point. ANSWER: Well, I think that's clear, sure. QUESTION: the s ide of You expect, in other words, the full movement on t~e ANSWER: Ca'1ad ians? I never sa{d that. I think we've always made clear that there's nothing in our positio, that says that this item or that item is absolutely criti.cal. QUESTION: of the~,e We look at it in a totality. So where must the initiation corne from for resumpti.on talks? ANS~ER: We're in a position where we had a set of propo~al~, ii you will, that really in our jlldgement dtd not advance the cause. Well now, i~ we're still in that position, there's obviously no a.;reement and that iE the pos ition that we've been in. not aware of any change in the Canadian position at this QUESTION: ~ut I am po~nt. you were also sug:;esting earlier then, that the U.S. positions has not shifted. ANSWER: The U.S 0 position is always sl.'bject forreview blit I'm not aware that we have ever had a position, in t::le sense, - 14 - that there are a series of inviolate propositions. QUESTION: How imperati.ve is it to the U.S. that strDct!1ral changes be made in the automotive agreement at this point in tiIT'e? ANSWER: The automotive agreement is certainly one element Ln our proi)lems, as we see it. · s an lmportant ItI • ~n d ustry. I think you probably know the general fact is that we have an agreement that philosophically is based upon the notion of free trade in that particular sector between the countries. there are, in But our opinion some impediments on that philosophy· that were considered to be of a transitional nature that are still there. QUESTION: Does the U.S. feel tbat Canada shol1ld return to exchange rate? P ea~ed 00 ANSWER: Well, there was certainly some feeling at the time of the Smithsonian Agreement that, not simply the United but tbe zeneral consensus of ~vorld Stl financial and indtlstrial policies was very strongly expressed in terms of fixed exchange rates at that time---that the rule of the game ~_n effect should fixed exchange rates. \.Jell now, Canada chose not to parti.ci.pate consensus that consensus bu.t I don 't pin that! on the United States. That was a very strongly expressed view around the table. QUESTION: Do you realistically expect a resumption of thes: trade talks, bilateral trade talks, before the election takes place in Canada? 1 - 15 ANSWER: I don't know when the election cakes place in Canada. QUESTION: Before an election takes place in Canada. You made the comment immediately, the day or so the Canadian package was rejected, that it was a political problem. ANSWER: Well, there are political problems in all these things. QUESTION: ANSWER: In what respect? There are all sorts of political problems but I am not going to answer any questions about a Canadian election that I have no knowledge about. QUESTION: The day before yesterday Mr. Connally had a discussion with the press and these reporters said he thought that the Conunon Market was going to be an inward and that Canada and Japan would not ~ive economic concessions that they wanted. 100 king affair the United States the Where does this leave your target date that you mentioned for monetary reform? kind of options will be available to the United States What ;.ll tl.,is kind of a situation? ANSWER: interview. Well, I don't want to conunent specificalLY. on the I read the paper q~lickly, but of course I wasn't there, so I don't think I want to get into any detailed comments on what Mr. Connally said. I certainly know, and I don' t thin~: it's confined to Mr. Connally, that there are tende~~ies within t~e Common Market that tend to discriminate against other countries, t~la l L. - c. tellU tc loc'k inward and tha t they are in, allu !-:ave been Iii, develop~ng a periGd where they have a very difficult problem in c..ei.r own cOllesiveness; there own unity. danger and CE'nd2ncy pa t ion with one';; UU.r.~116 i~.:::c .ella 1 l.-~l':"S ;~i.nci o:~ problems in And there a period ou lid ing i~ a .Lt:al with a preoccua very dramatic new orocr and sy3tem wichin Europe) that tile external gets neglected, and I think that's Mr. Connally's concern. .I:. QUESTI01'l; concern tha t Volcker, it also seems to·.)e Dr. ?uras' .... ANS~TER: I say the concern is not lindted to QUESTION: ANS\";ER: ~lr. Connally. A.'; you've noticed, certainly, the threat he raise: I assure you you have read "j.r. Burns' speech in mort del.-a.;_L and more carefully ti.lan I have. I will read it with gC1..8. -'_L1 ceres c . T~ie QUESTION: de~.ay point 'Ls a well known one that if, in fact, continues that there ANS\iJER: delay at all. istic blocs. i~ a danger of competing blocs vlell, yoP say delay; I don't put that entirely on I'm concerned a~out He need to find some new language nere; we need to find some new semantics si~nais ~ignals 0-LOC. becaus.~ bloc s0-nds off all in people's minds, sometimes, and different in dii£erent people's minds. dE:~inition a dangers of competing, antagon- That is certainly one of the challenges, but let me make a point here. kinds of rais~g I think by the ordinary of the word, as I understand it, ttle Common Market is 1 say tilat, I co n' t mean to be perjorative in saying it. - 17 - There is a problem whether we have, as you suggested, antagonistic, competing blocs. That is a problem. I can quite conceive of having blocs in the world that are cooperating and tend to minimize restrictions among them. If you look at in the narrow focus oi the monetary side of the equation, in some respects, certainly it seems to me monetary unity in Europe gets rid of some problems and maybe, if they can pull it off, which is a very difficult thing, but after all we have had a certain amount of monetary turmoil with in Europe, a certa in amount of monetary strains. Now, if one dreams and says well, we're going to do away with all those because they are going to have, and now I'm way down the road, a common currency, we don't have to worry about a speculative problem or lack of adjustment between the guilder and the franc or the mark and the Belgian franc or whatever, that's all now subsumed in a cmmnon currency. You know from the inter- national standpoint, it may give them some problems in Europe, but from an international standpoint, I don't see that there it's anything to resist. It's perhaps a new focus of stability, a larger area of almost automatic stability in tJ:-:e world. QUESTION: But the point is if, while this thing is in bUiliing, is it not better for you, I mean for the United States and for other nations, in effect to get in on the ground floor and see that the direction is ANSWER: I think that is true. They're going tobe in a difficult period, that I referred to, for some period of time and we want to be in a dialogue with them. We want to - 18 bring the pxternal consideratic: . .:. to bear as oest we recognizing that, as I presume ~r. can~ Connally was emphasizing, the very strong temptations and incent5. vt::s to some degree look inward. Olr. Vo 1 cker, Dr. Burn.s in his speech seems tu QUESTION: el':"eve lilac a system of basically fixed parities 3hou"Ld continue w.;.. .... u perhaps more flexibility than we have had in the past. Do you think that part of the agenda that should be discussed might also incl.,lde much more freely floating excnange rates either among aI-I countr Les or Lletween blocs? ANS'ER: ~ou I really don't know quite how to answer that. know, we have a very sides there are or used grea~ LO spectrum of opinion and on soms oe pretty strongly fixed rate ppople aud on the other side there are or used to be some pretty free floaters. Now I understand we have a consensus of flexibility and I will admit.. L.~.aL I am a L:_ttle suspicious of a consensus that somei10W encompasses that broad a spectrum. is Some con~ensus I think th~re that there has to be some kind of a compromise in effect oetween the two and this raises some very difficult technical proolems. But having said that much, some kind of compromise iJetween t he two leaves us with, I " t11ink , some excru- ciatingly diffi_cult problems in what that compromise should be and ~'iOW it works and how it's formulated. QUESTION: Can you tell us wilici.1 way you lean toward more flexibility or less flexibility within tnis range, this ~road range? - 19 ANS'~!ER: I'd like to say slice it down the middle but I'm very conscious of the very severe kinds of technical problems that we have ana Lhey're not just technical. You know, it's been said by someone, and I think there's a lot of wisdom in this comment, that he understood how floating exchange rates worked, he thought, and he understood how fixed exchange rates worked, he thought. But he wasn't sure he understood how any of these things in between worked. And I think this is one of the problems we are really going to be struggling with. Now there are all sorts of attempts to come to grips with this problem intellectually, crawling pegs is one kind of version. I can conceive of a system, as a combination, with some countries on fixed rates; other countries on flexible rates. that system at the moment. Canada is on a flexible rate, a floating rate, not only flexible, floating. on fixed rates. We've got Other countries are \vell, is there some intelligent combination of these that makes sense in the future? It's obviously a relevant issue and it's one of those issues that has to be looked at. Are there oppotunities, and let me say just one more word on this, for another kind of compromise? Smaller countries of Europe, in particular, feel urgent about fixed rates covering the major portions of their trade, and rather rigidly fixed rates covering the major portion of their trade. Is tr~re some way of satisfying that desire with perhaps a little greater flexibility vis-a-vis the rest of the world? Now, in a very limited sense, that also is the system we now have in that European countries · 20· arc mC'v-:_::g toward a narrow:"r 1.Jand among them::;elves within the concept oC a wider ))an.d QUESTION: [ww '_'od _'_2~ res tr ..,"'; L'-L So there's more than one permani:-~nce COL!ld I a.sk you aOollt the l.~.aL ·,ii:', els~~l7here. of these you are .sett ing up, the Croup of Twenty and the of ;-'ATT and OECD? Do you see these as th ings ~s whicll w i1 i have a 1 imited job to do and after agr(.e;;!me!Lt reac~led, they will be disbanded, or do you think they are going to UeCc.ffiL pcl:matlellt features of t{,e ne\l7 economic landscape? ANS\tJER: tllis 1 :~roup l.:,~nk Well, my presumption, at the morn'';L'~' ':"s certainly of Twen ty would be a group with a spec ific job to do. that the discussion is based upon that premise. QUESTION: Sir, is the member:""ip, a.,j well as the ,_:ruup uf iWeli.ty, now largely aC;.LeeJ allU :...:. S0, tl~e size of you ..... o.11u 6ive us some indication as to which countries would be included? ':;.~ .. S~VEK: pes:~ Hell, much of the discl1s3ion has converged on the Lu U i ty tha Cel) L ~rot1p 01.' T--wen ty be chosen in a fashion cempacaole to U.e execut5.ve directors of ti-:e Fi. 1 uu. So, in that pad ~en~~, I think there is some con3ensus developing on a specifia ~~ow, ci:~ectors if you say particL~lar ~L~rectors QUESTIO:-,: pa~ticipation ~~SWER: '-,-cEi·,E'O sorice o:i ;':;,ose executive tD~y are chosen by a group of countries and whetier Clloc:;e thE .:iame cOlmtr) for tllis ExeCt'tivC:! countr_:_e~, p,_~rpo:Je as they cn03e the is up to bIen:. Can the fact tnat ;'ir. Connali~__ -w':'(.~ldrew from in this conference .... ~o, may I interject? Some months ago, w~en he all invitaticn,ir. Connally indicated that he was not - 21 - going to be able to come to this conference. There is no question of withdrawal. QUESTION: ANSWER: QUESTION: He never accepted the invitation? Never accepted it. The Canadian float, as an example, they talk about a relatively clean float. Do we consider it more relative or more clean? ANSWER: That's an interesting question. There has been a certain amount of intervention, as you are undoubtedly aware, and I don't think it's appropriate for me to try to characterize that intervention. QUESTION: ANSWER: Does it meet with your satisfaction--? I think the Canadian exchange rate has moved some. I wouldn't want to characterize that. QUESTION: Can I come back to the question of the dollar as a reserve currency. o~ the role You said in an answer to a question before that this was one area where perhaps the U.S. government position did not exactly match Dr. Burns' position which, as he stated here, was that he wasn't persuaded that it was a wise thing to allow the role of the dollar as a reserve currency to diminish. ANSWER: QUESTION: To diminish? He said, in his talk, that there "seems to be significant sentiment in favor of diminishing, or even phasing out, the role of the dollar" and then he continued to say, "I 1m not persuaded by this line of reasoning, for I see advantages - 22 -'..Jet\) tile United States ... i:C QUESTION: You said, didn't yc',-' that this wa:.; a point on which that clle Unitcd States war:ted to dce~' -ut wLlicn k~ep an open mind? n' t imply tnat we :L t i s age 0 G i '-. <2 a to do away wit b .L t .:~ 0 r ar.~ pec5uadeo tna dol t h ink, up th:? sy~;,t€"m that 100i_s rt~a.30naOle W':"Luout a whether .Le's tILe dollar or anycling e13e. turn:: is not pc:rsuadec!, 1 not persuaded 1 cc k at. a~1, tnin~ re~~erve think it ~_;:;i to dr, clrrenc) So, if you sa) Dr. ':our square w.;. .... Dr . .':!urllS. _-'dC I eit~1Cr. n n t i~ Of[~.lia .. ,) pact:i_cl 1.l_ar case., tbat a gooa many oth.=r countries or 1::" s one thing to say th_:_.:>, anotlkr 0 .le5.Lt~mate a lam iS3ue to If Dr • .l)urns is saying tills is not an issue to look a 1,[ he sa ys ne' I gue.:- s I d L:a ree wit:, h i.m. 0 II iii, all wi tl1 S not pel.' ::>~aded, I . l.'io, I QUESTION: (le ttd.,dcs~he [) e t<. e pta n d use of: as I :~e :S.NSvlER: lJ (11.;.n1<. t~l';~ w~la t Lle I s say ing i.:, that, on oa lane. dollar as a reserve cl1rrency OUgi.lt to n a ('~ r s toe d w: .a '- ~~eems , >() usa ~_ d to ru:. tc ;_;e :...- e .: ere eil..p.L~ssing .... a certain skept:C that s,-me of i:',e morl2 S1;Jeep.;.l1g prcpc:3als i:or co::_ng away with th dollar or other reserve c'lrrencies will, in the end, prove prac~.Lcal. 0.[ t~,e Certainly, tc a oegree, I personally ru-'_c;::t ~kep L :_c i3m, a 1 though ~ t cou Id c haflge . it Cepend3 upon \\fhat the resr oi LLle system certa inl_Y cOflceive 0;-- a system desira~ic of view 0_ whei..·'~ s~.aL.-e ,0 I don't know. lOOKS l.:..:ce. .;g I can t:,is was not necessary, or possi~~e, aua particularly desira Le _com the pain Li)'2 Uni_tEcl States. This isn't a..Ll beer a.1d skittle: - 23 - as we have long since discovered. I don't cHink, again without looking at his precise language and so forth, you can't drive a wedge between us on that one. QUESTION: If I can, again, belabor the point. How important to the United States is it or how imperative or whatever that it achieve a surplus on trade account? ANSWER: Surplus on the trade account-- I think is imperative. QUESTION: ANSWER: \-lith Canada? Oh, no. There seems to oe confusion on this issue. We've tried to state the position and somehow it doesn't come through. We are looking at our totai position, our total equili- brium in the world. Now you ask me, do I think we can achieve an -quilibrium in t:.e world without a substantial currel.t. aCCQUllt surpius for the United Sta tes, I say no, I don't think we can. If you say, can we achieve a substantial current account surpius for the United States without a substantial trade surplus, I again say, no, I do not think we can. If you ask me whether an equili- urium for the United States balance of payments ~s essential to be strong dollar, a stable monetary system, I say yes, sir, I do think it is essential to a strong dollar, a stable monetary system and international narmony. That's our position. OKay, we don't trade with ourselves. If we are going to achieve this kind of equilibrium, obviously it is going to be reflected in the trade of other countries. the world and we say: Now we look around equilibrium for the United States is necessarily going to have to mean an equilibrium other countries. for Naturaily, we tend to look at the surplus - 24- conntries. Japan is a prime exampte---a trade surplus this year or what, eight, nine, ten Dillion dollars, I don't know. ~igger than the United States has ever had. surpluses and ~ig ~alance I know We look at big cra~ of payments surpluses in Europe. :";ow you lock a c Canada and certa inly we say Canada is in a strong balance of payments position overall. If I recall the figures correctly, and I baven't looked at these recently, tl~ Canad ian oa3 ic balance of pa yrnents, trade, other current account item3, long term capital together has run over a billion do11an a year on t~e average in the past three or four or five years. Well, we are saying if other countries run surpluses obviou sly we can I t De in equ il ibrium. continuous~ If we are not an equili- brium, we don't have a st.aole dollar, we don't have a stable international financial system, we have all sorts of room for tension and difficulties with others, and all we are trying to is to point out this relationship which, if somebody could show us bow it works some other way, fine. This is not the equivalent o[ saying the Canadian trade position has to be any particular figure, much less the Canadian trade position with the United States has to be any particular relationship. We certainly make. the o'uservation, which I think is a fair one, that the strong Canadian position which has developed in recent years has been accompanied by a very major change in their trade relation~h~q with the United States. QUESTION; Is there any deadline then, Mr. Volcker, for the internal deadline set within the U.S. adminis trat:i.on for the resumpt ion of trade talks w..i..ei.1 Canada, or tne reaching of a - 2.J settlement with Canada. In other words, Canada would be left to set for seven months, a year, two years .... ANSWER: We're ready to talk at any time and nave been. But we haven't got any deadline. QUESTION: SO in other words, if someone on this side of the uorder wanted to just cool tne whole thing down and just sit back, you peoplt.. aren't goi.ng to take the initiative .... If everybody in the world--you say 'l.C:w . . ~.e whole ANSWER: thing down? QUESTION: ANSWEK: Cool it. Cool trie whole thing down. some co~c~rn. the world. I must admit, we have It's not just the Canadian problem. There are surplus countries. We loc~ around If every country in the world says well, we are going to cool it or we are going to wait indefinitely to do anything, WC:Ll, OJviously we are in for a long period. Where's ail. this sense of urgency that I've been hearing about gett5_ng on with the job? ~'Je don't want to cool anything; we want to move toward an ~uilibrium in our payments and we think that's essential. trying our "!Jest to do it. N~ if every~ody objective::. t:~is ~"ere We're We're trying our damnedest to do it. else wants to cool it, we've got some inconsistent but I think this is an interesting twist. ~laybe exposes a dilemma on what we consider some very real adO :"asic issues. Everybody wants to cool it. r,.j~.eLL we corne to some monetary m2chanisms, which, in our position, depend upon the basic issues, somehow there's a great sense of urgency, which I share, out what's the consistency between cooling it and urgency? - 26 - We don't want to cool it; we want to press. U.S. QUESTION: Hhat's the likelihood, or tile chances, of the a~rogating either the Auto Pact or t~e Defense Production Sharing Arrangement? ANS~';ER: I r m not go ing to corrrrnent on the deta il s of the relationship. QUESTION: Do we assume that yesterday's announcement tllat the Treasury Department will put a countervailing duty on Michelin tires entering the U.S. from Canada, is this an escalation of the U.S. position? ANS~TER: It's no escalation. But there's a technical point. The announcement is that a question has been raised, and indeed a question has ~een raised in this situation, but the technical action announced yesterday was not an action to put on a countervailing duty. This is no sense represents any escalation. has been a complaint. There A preliminary look at that complaint justifies the question being ra "'.sed, quite clearly, in our positio[ tile have a law, a mandatory countervailing duty statue that says, in effect, Ii sU0sidies or counties or grants are paid, countervail. YOll Against that background, a complaint has been received; a preliminary investigation says yes, there is evidence here that raises a question whether that is not, indeed, tbe fact of the situat:i_on. And the action followed, the notlce followed. The Department 01 the TREASURY ASHINGTON, D.C. 20220 ATTENTION: TELEPHONE W04-2041 FINANCIAL EDITOR FOR RELEASE 6: 30 P.M. May 22, 1972 RESULTS OF TREASURY 1 S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury bills, one series to be an additional issue of the bills dated February 24, 1972 , and the other series to be dated May 25, 1972 ,which were offered on May 16, 1972, were opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000, or thereabouts, of 91-day bills and for $1,800,000,000, or thereabouts, of 183-day bjlls. The details of the two series are as follows: RANGE OF ACCEPTED COHPETITIVE BIDS: High Low Aver8€,e 91-day Treasury bills maturing August 24, 1972 Approx: Equiv. Price Annual Rate 99.040 99.025 99.033 3.798% 3.857% 3.825% 183-day Treasury bills maturing November 24, 1972 Approx. Equiv. Price Annual Rate 97.855 97.845 97.848 !y 4.220% 4.239% 4.233% Y ~ Excepting one tender of $400,000 60% of the amount of 91-day bills bid for at the low price was accepted 25% of the amount of 183-day bills bid for at the low price was accepted WTAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston New York Philadelphia Cleveland Richmond Atlanta Chicago St. Louis Minneapolis Kansas City Dallas San Francisco TOTALS EI £I !I AI2I21ied For $ 26,385,000 2,947,885,000 25,640,000 18,075,000 22,050,000 25,040,000 231,010,000 19,720,000 32,955,000 20,700,000 18,370,000 331,940,000 AcceEted 2,705,000 $ 1,705,015,000 4,960,000 7,310,000 3,050,000 8,120,000 24,475,000 7,720,000 8,705,000 9,890,000 8,170,000 10,140,000 $2,300,005,000 }d $3,719,770,000 $1,800,260,000 AcceI2ted AI2I21ied For 9,515,000 $ 19,515,000 $ 1,966,690,000 3,022,090,000 13,525,000 13,525,000 25,070,000 25,605,000 8,410,000 8,570,000 26,370,000 41,720,000 131,405,000 246,905,000 29,470,000 37,670,000 17,390,000 32,490,000 21,755,000 31,935,000 20,410,000 10,210,000 76 ,895 ,000 40,195,000 $3,577 ,330,000 :J Includes $166,345,000 noncompetitive tenders accepted at the average price of 99.033 Includes $ 80,345,000 noncompetitive tenders accepted at the average price of 97.848 These rates are on a bank discount basis. The equivalent coupon issue yields are 3.92 %for the 9l-day bills, and 4~3910 for the l83-day bills. The Department of the ASHINGTON, D.C. 20220 TTENTION: ~IR TRfASURY TELEPHONE W04·2041 I'lay 23, 1972 FINANCIAL EDITOR RELEASE 6: 30 P.M. RESULTS OF TREASURY'S MONTHLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury ills, one series to be an additional issue of the bills dated February 29, 1972 , Cl.l1d he other series to be dated May 31, 1972 , which were offered on May 17, 1972, ere opened at the Federal Reserve Banks today. Tenders ,,,ere invited for $500,000 ,OOG, r thereabouts, of 273-day bills and for $1,200,000,000, or thereabouts, of 365 -d3.:Y ills. The details of the two series are as follows: ANGE OF ACCEPTED OMPETITIVE BIDS: High Low Aver8f!,e 273-day Treasury bills maturing Februar;y: 28: 1973 Approx. Equiv. Annual Rate Price 96.713 96.675 96.688 4.335% 4.385% 4.367% 365-day Treasury bills maturin~ May 31, 1973 Approx. Equiv. Price Annual Rate 95.519 95,412 95.473 1/ =..; 4.420~ 4.525% 4, 465:~ y 76% of the amount of 273-day bills bid for at the low price was accepted 58% of the amount of 365-day bills bid for at the low price was accepted )T~ TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston New York Philadelphia Cleveland Richmond Atlanta Chicago Louis Hinneapolis Kansas City Dallas San Francisco St, TOTALS Applied For $ 15 , 210 , 000 1,306,355,000 420,000 5,185,000 700,000 12,765 ,000 131,840,000 16,570,000 17,630,000 12,570,000 23,970,000 71,700,000 $1,614,915,000 $ Accepted $ 210,000 457,870,000 420,000 5,185,000 700,000 765,000 13,870,000 11,330,000 630,000 2,570,000 1,970,000 4,700,000 500,220,000 Applied For 15,030,000 1,776,255 ,000 1,775,000 1,340,000 12,385,000 17 ,770,000 123,555,000 32,465,000 18,260,000 16,640,000 23,620,000 110,975,000 Accepted $ 1,030,000 963,255,000 1,775,000 1,340,000 8,385,000 9,770,000 62> 715,000 31,465 ,000 14,260,000 6,640,000 6,620,000 92,765 ,000 $2,150,070,000 .$1. 200,020, 000 $ §} ~/ mCludes $ 10,670,000 noncompetitive tenders accepted at the average p~ice o~ 93,3SB Includes $ 20,005,000 noncompetitive tenders accepted at the average price of 95.47:3 These rates are on a bank discount basis. The equivalent coupon issue yiel,is ar~ 4\55 %for tha 213-da;y bil.ltt-,- ~ 4.6':1'/0 for the 365-day bills. The Department of tlle IASHINGTON. DC 2022U TREASURY TELEPHONE W04-204 FOR IMMEDIATE RELEASE May 25, 1972 ANTIDUMPING PROCEEDING INITIATED ON STAINLESS STEEL PLATE FROM SWEDEN Assistant Secretary of the Treasury Eugene T. Rossides announced today the initiation of an antidumping investigation of imports of stainless steel plate from Sweden. Mr. Rossides' announcement followed a summary investigation conducted by the Bureau of Customs after receipt of a complaint alleging that dumping was taking place in the United States. The total value of stainless steel plate imported from Sweden during the period from January 1971 through December 1971 amounted to almost $3.2 million. 000 The Department of the TREASURY TElEPHONE W04-2041 IASHINGTON, D.C. 20220 FOR IMMEDIATE RELEASE May 26, 1972 DECISION ON STAINLESS STEEL SHEET FROM JAPAN UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Euqene T. Rossides announced today that the Treasury Department wi I I publ ish a notice announcing Its Intent to discontinue the antidumping investigation with respect to stainless steel sheet from Japan. The notice wi I I appear in the Federal Register of May 27,1972. The Investigation revealed some instances where purchase price was lower than the adjusted home market price of such or simi lar merchandise. However, these were determined to be minimal in terms of volume of export sales involved. Formal assurances have been received from the manufacturers that no future sales of stainless steel sheet for exportation to the United States wi I I be made at less than fair value. The notice of intent to discontinue the Investiga- tlon is based on these assurances and the facts just described. Durl ng the peri od January 1970 through December 1971, imports of stainless steel sheet from Japan were valued at approximately $98,000,000. # # # The Department of the TREASURY 'ASHINGTON. D.C. 20220 'TENTION: IR TELEPHONE W04·2041 FINANCIAL EDITOR May 26, 1972 RELEASE 6: 30 P.M. RESULTS OF TREASURY'S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury 11s, one series to be an additional issue of the bills dated August 31, 1971 , and e other series to be an additional issue of the bills dated November 30, 1971, which ~re offered on May 19, 1972, were opened at the Federal Reserve Banks today. Tenders ~re invited for $2,300,000,000, or thereabouts, of 91-day bjlls~ and for $1,800,000,000, 'thereabouts, of 182-day bills. J'lGE OF ACCEPTED IMPETITIVE BIDS: High Low Average The details of the two series are as follows: 91-day Treasury bills maturing August 31, 1972 Approx. Equiv. Price Annual Rate 99.059 99.041 99.049 3.723% 3.794% 3.762% Y 182-day Treasury bills maturing November 30, 1972 Approx. Equiv. Price Annual Rate 97.951 97.906 97.924 4.053% 4.142% 4.106% Y 34% of the amount of 91-day bills bid for at the low price was accepted 91% of the amount of 182-day bills bid for at the low price was accepted lTAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston New York Philadelphia Cleveland Richmond Atlanta Chicago St. Louis Minneapolis Kansas City Dallas San Francisco TOTALS ! Includes I InclUdes Accepted Applied For $ 20,600,000 $ 10,600,000 3,080,000,000 2,027,700,000 13,005,000 13,005,000 17,770,000 17,770,000 6,885,000 6,885,000 23,525,000 34,525,000 202,590,000 85,190,000 26,735,000 37,385,000 31,740,000 12,420,000 27,870,000 17,370,000 36,135,000 17,135,000 160,305,000 42,295 ,000 Applied For $ 32,1l0,000 2,416,935,000 24,655,000 19,305,000 3,340,000 37,990,000 237,785,000 31,405,000 33,235,000 20,750,000 28,485,000 87,845,000 Accepted $ 2,110,000 1,502,685,000 4,655,000 19,305,000 2,340,000 22,790 ,000 103, 985 ,000 24,405,000 20,145,000 10,750,000 7,485,000 79,595 ,000 $ 3,668,810,000 $ 2,300,630,000 ~ $2,973,840,000 $1,800,250,000 EI $156,210,000 noncompetitive tenders accepted at the average price of 99.049 $ 80,935,000 noncompetitive tenders accepted at the average price of 97.924 I These rates are on a bank discount basis. The equivalent coupon issue yields are 3.85 %for the 91-day bills, and 4.25% for the 182 -day bills. The Department 01 the TREASURY ASHINGTON, D.C. 20220 TELEPHONE W04-2041 FOR IMHE]2IATr;. RELEASE May 30, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of $4,100,000,000, or thereabouts, for cash and in exchange for Treas.ury bills maturing ,June 8, 1972, in the amount of $4,206,245,000, as follows: 91 -day bills (to maturity date) to be issued June 8, 1972 in the amount of $2,300,000,000, or thereabouts, representing an additional amount of bills dated March 9, 1972, and to mature September 7, 1972 (CUSIP No. 912793 PB6) ,originally issued in the amount of $1,800,315,000, the additional and original bills to be freely interchangeable. 182- day bills, for $ 1,800,000,000, or thereabouts, to be dated June 8, 1972, and to mature December 7, 1972 (CUSIP No. 912793 PP5). The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at maturity theii face amount will be payable without interest. They will be issued in bearer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the closing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, June 5, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must qe for a minimum· of $10,000. Tenders over $10,000 must be in mu1 tip'les of $5,000. In the case of competitive tenders the price offered must be expressed on the basis of 100, with not more than three decimals, e.g., 99.925. Fractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions generally may submit tenders for account 6f CUstomers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to - 2 submit tenders except for their own account. Tenders will be receiwd without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanil by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or reiect any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimalE of accepted competitive bids for the respective issues. Settlement fOI accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on June 8, 1972, in cash or other immediately available funds or in a like face amount Treasury bills maturing June 8, 1972. Cash and exchange tende will receive equal treatment. Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills. Under Sections 454 (b) and 1221 (5) of the Internal Revenue Code of 1954 the amount of discount at which bills issued hereunder are sole is considered to accrue when the bills are sold, redeemed or otherwise disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price paie for the bills, whether on original issue or on subsequent purchase, am the amount actually received either upon sale or redemption at maturit~ during the taxable year for which the return is made. Treasury Department Circular No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained fr~ any Federal Reserve Bank or Branch. 000 The Department of the TREASURY ASHINGTON, D.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE STATEMENT OF THE HONORABLE PAUL A. VOLCKER UNDER SECRETARY OF THE TREASURY TO THE ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT COUNCIL MEETING IN PARIS, FRANCE THURSDAY, MAY 25, 1972 Mr. Chairman: If I may, I would like first to convey to you and to the others here the greetings and regrets of Secretary Connally who, as you know, intended, until a certain event last week, to attend the Council meeting here today. I bring the same greetings from Secretary-Designate Shultz, who was particularly concerned to have me convey to the group that, while there would be a certain change in the personalities at the Treasury, as the President indicated in making that change, it is a changing of the guard and not a changing of policies. I welcome the SecretarY-General's initiative in scheduling this discussion of international monetary and trade issues and raising the question of the role of the OECD -- and particularly the breadth with which he has dealt with this subject. It seems obvious to me, and I am sure to everyone around the table, that no subject could be more timely. After a period of relatively smooth and really unparalleled progress in trade during the post-war period, the monetary and economic system has been through a period of some tension and shock over the course of the past year. Certainly one of the most urgent tasks now facing all our governments is to undertake serious work on the arrangements which are really going to condition international economic relations for the next 25 years, just as the post-war arrangements served us so well in the past 25 years. C-315 - 2 - I should say, in that connection, that I am pleased, as others have ~lso suggested by the calmer atmosphere in exchange markets and 1n other relationships that have developed in recent months. But I also want to say that I don't derive from that experie~ce any sense of complacency whatsoever. To the contrary we cont1nue to be impressed by both the need and difficultv of achieving sustainable balance in the economic relationships among our countries, most broadly -- and I would say specifically in our own balance of payments. We indeed have a strong conviction that equilibrium in the u.s. payments is an essential ingredient for stability world-wide in the monetary system and in trading arrangements -- perhaps the single largest factor and challenge ahead of us. I would certainly hope and expect that that conviction is common ground. Of course, it is not just a short-run problem of making the adjustment that has to be made in present circumstances. We have to look at the problem of sustaining balance of the United States and for others in the broad perspective of the years ahead and the kind of perspective the Secretary-General has been emphasizing. I am sure, as Chancellor Barber and others have already suggested, that all of us share an interest in moving ahead to reorder the international economic system in a way that really reflects the present and foreseeable realities, and in a way that supports a common interest in liberal and open trade and political harmony. It struck me, in listening to the opening ceremonies yesterday, Mr. Chairman, how different the world is that we live in today from the day when the Marshall Plan was inaugurated. We are no longer dealing with the world of the late 1940's when one na~ion was dominant. On the other hand, we are not dealing with the world implied by the economic textbooks very often -- a world of equal and atomistic states. We quite obviously have a world of several major power centers: the United States, the European Community, Japan, just to name some of the largest. To be perfectly frank, I am not sure that our thinking has been fully adjusted to this change in circumstances. It does require a rethinking of basic philosophy, basic premises of the system, in many ways, to make sure the structure of monetary arrangements and the structure of our trading arrangements fit present needs. If I state the issue most broadly, and I think it is useful to state it broadly, the links between the various aspects of the problem -- monetary, trade, investment, whatever -seem rather obvious. A common expression is that money is the handmaiden of trade and investment. ~ ~t ~~epl ~hat. - 3 - We all accept, I think, in the broadest terms, that the pmlosophy and structure of our monetary relationships have some relation to the philosophy and structure of our trading relationships. We established in the post-war period, quite rightly, a non-discriminatory, multilateral payments system. And that had its counterpart very directly, in the trading order, in the most-favored-nation clause, the cornerstone of liberal and non-discriminatory trade policies. I think there is an assumption, implicit or otherwise, in a system of relatively unchanging exchange rates, that other elements in the system must contribute heavily to a more smoothly-working adjustment process. Or conversely, to take the other extreme, if one assumes flexible exchange rates and heavy emphasis on adjustment through exchange rates, we have to assume that trade is free to move in response to the relative price changes that the exchange rate change entails. If large segments of trade or investment are insulated from the adjusbmnt process -- through government intervention, through quotas, through whatever restraints exist -- the prospects for smooth adjustment are hampered, whatever the monetary arrangements. We often hear it said that monetary breakdown can lead to inhibitions on trade, perhaps the growth of blocs -- antagonistic blocs, competing blocs -- and certainly that seems to me a legitimate concern and fear, one that we share. I think it's equally true that trading arrangements out of keeping with economic realities can lead to monetary problems, inhibit adjustment and contribute to a breakdown of the monetary system. I think we have had some examples of that around the world. For those reasons, my government strongly supports the view that monetary and trade arrangments, in particular, are closely inter-related and must be considered jointly. We certainly put ourselves fully in support of the notion that the OEeD, by its nature, its charter, its experience, is especially well-placed to equip itself to deal with the interrelated problems. - 4 Indeed, I think the DECD has the potential of making a unique contribution to this field. I think we would really be negligent in fulfilling our responsibilities, and the DECD in fulfilling its responsibilities, if this organization did not move promptly to prepare itself to make a full and maximum contribution to the task ahead v Now I would like to be a little more specific, Mr. Chairman, about some of the trade and monetary linkages that we see immediately ahead of us, particularly in terms of the reform of the monetary system. Mro Van Lennep referred to the discussion of a more symmetrical monetary system. I think we are all familiar with some elements of tha t discussion. It may have different meanings, as he suggested, for different people in different contexts o But it does at the least, I think, mean a system in which nations are required to settle payments deficits and surpluses with reserve assets (to look at the monetary implication) and to eliminate the imbalances promptly and to move rapidly on the adjustment process. That kind of system, I will tell you quite frankly, has a certain amount of appeal to the United States after more than 20 years of deficit. I should say it means that, for a starting period, the United States should think in terms of running a surplus to restore the strength of our internattional financial position, but in the longer run it means the United States and all countries would have to stay close to approximate balance in their international payments. Now for the United States that means moving from a long period of deficit. For other countries it would mean moving the opposite direction o This, of course, raises the question of what the disciplines are in the system, what pressures there are for adjustments that in many cases may not appear -- looking at an individual country and its immediate interests -- will not appear the most delightful or pleasing kind of adjustment. If this kind of a system is going to be a reality, if quick and full adjustments are to be more than pious hopes and become practical realities, we have to think about what kind of disciplines are necessary. - 5 - The disciplines on deficit countries, I think, have received a good deal of attention and they should o But the question is equally raised, what about the disciplines on the surplus countries? I think there must be a symmetry here for the system to work correctly. If that is correct, it immediately raises a further question: To what extent do we rely upon monetary measures, ruch as exchange rate changes, in this adjustment process, and to what extent should there be reliance on trade or other measures, particularly when the case for exchange rate changes may be less than clear-cut and ambiguous -- trade changes, either in the sense thought of in terms of the IMF scarce currency clause where the question of trade restraints is relevant, or trade action in terms of liberalization of restrictions that might exist? Now when this question is raised, in my experience at least, there is a quite predictable reaction, depending upon what group one is talking too Trade people are inclined to take the position that these are very interesting and relevant problems, but, of course, it's a monetary problem, and one should look to the exchange rate area or otherwise. When one talks to a monetary group and they are impressed with the difficulties of exchange rate changes, they are inclined to say, well, of course, this is a difficult and relevant problem, but go discuss it with the trade people I think this is illustrative of the kind of link, the kind of problem to which we must address ourselves. Q Then there are immediately related questions as to what actions are appropriate in particular circumstances. What particular techniques are appropriate?As you know, the GATT presently justifies use of quotas for a nation in payments deficit but not surcharges, but experience suggests that countries have found it, I think for good and solid reasons, more convenient and more desirable, often, to use surcharges rather than quotas. It is appropriate to ask whether a distinction created 25 years ago is still valid, is still sensible in the light of recent experience and foreseeable circumstances. Then, of course, you can ask whether the use of either quotas or surcharges is appropriate, or in what circumstances. - 6 - Now another kind of question, I think, arises with quite apparent differences of opinion as to whether, and to what extent, equilibrium might be achieved through the use of controls and perhaps, particularly, controls on the investment side of the balance of payments equation. There are those that distinguish sharply between trade and investment in this respect, and would focus the adjustment more largely on the investment side of the equation. Obviously, this is a major issue and there was some reference to it yesterday, I recall, by our Canadian colleague, and it implies, in turn, different monetary mechanisms. I think we, too, Mr. Chairman, have to recognize that regional arrangements in trade and money are a fact of life, and that these phenomena have to be related, the trade and the monetary, in a regional sense, one to the other. Yet I think we have to admit that the size and extent of present arrangements of this sort really weren't contemplated in either the basic trading rules or the basic monetary rules under which we are now operating, and there is a real need for developing a new consensus and a new doctrine in this area. Now I don't raise this point at all in suggesting that the United States has consistently supported the Common Market. But there are important issues emerging from this development th I think we need to deal with frankly and openly, lest, by lack of design, we do fall into an environment of competing and inward-looking blocs. And I would be frank to say we are disturbed by some tendencies we see in Europe in the proliferation of trading arrangements and association agreements. On the other hand, my own opinion is that European monetary unity could become an extremely important building bloc for a more satisfactory world system and a more stable monetary system. My point is simply that We can't separate one from the other and its a phenomena that does need examination. I don't want to comment, in substance , on the deliberations . of the h1gh level group and I won't claim that degree of familiarity. I was interested in listening to Mr. Rey's comments, but I would just observe in this connection that this group which was established, of course, with a mandate in trade as I understand it, has found, in the course of its deliberations, that monetary questions kept arising and .emerging and could not be put down. I take it that this is an illustration of the inextricable link that I think does exist between these subjects. - 7 I've been interested too in observing the Japanese actions which we had described to us yesterday. It was quite clear they looked upon certain trading actions as substitutes for exchange rate action. And I welcome their program and I hope that it will be effectively implemented. Again, it is another illustration of the way these factors are linked. Now I want to make sure my comments are not misunderstood in one rather specific way. In discussing trade and monetary linkage and in insisting that they be looked at as part of a coherent whole, I'm talking essentially about reforming the basic rules of the game -- the fact that we need a consistent, compatible code of conduct in both of these areas and, without this consistency, I think we run into grave danger that either the trading arrangements or the monetary arrangements, or both, will break down. I am not referring to specific trade negotiations, in the traditional sense, over the price of oranges or particular quota~, or non-tariff barriers. Those negotiations, I hope, are being prepared for in the proper forum of the GATT. We expect they will take place in that forum. We are looking, not at those specific types of negotiations, but the general types of rules that should govern trade and monetary relationships and be compati.ble with each other. Now one word about the relationship I see here be~ween the OEeD and other forums, actual or proposedu We pla1nly hope and anticipate that a group will be set up under ~he . , f the IMF the so-called G-20 to take under 1tS ausp1ces 0 , . f d relate wing promptly the questions of monetar~ re._orm ar: ~, '1 1, · · Th1s group 1n a ,:,en~e, W1.those to the wider tr,q d J.ng lssues. be we hope the fully appointed, constitut10nal.forum where th~ real ne~otiations should appropriate world-w~de rep~:s~~~~~ tion o At the other end of the spectrum, the tra e nego a. -' -' .. a~e properly the ~0n~~rr to which I referred, trade negot1at~ons -. . - h0R~ of GATT and I thi.nk GATT ·ts going to h~vc 1.ts hand full ~n t ,-_ .. terms. < ' - 8 - The DECD, on the other hand, is not a negotiating body. It is a discussion forum, and we think a highly important forum for discussion among a group of countries with very direct interests and, as I suggested, a group that, by its experiences, competence and talents and charter, is well suited for the job of examining interrelationshipso So far as the organization of the DECD is concerned, we think it has a great many talents, Mr. Chairman, but it is not fully structured to do the job and meet the challenge that is now before uSo The Secretary-General, I think, has made some proposals that seem to us useful in terms of bringing the organization fully in accord with the needs. We have essentially what has been a vertically organized organization, dividing up the substantive areas o What we need to do is bring some of the substantive areas into better focus on a horizontal basis. None of the existing groups, as we see it, has sufficiently broad competence to fully examine the linkages. And there could be a danger that no DECD body, despite its general competence, will do the job of looking at the interrelationships. So we do feel there is need of focussing attention, having a group at an appropriate level, a relatively manageable group with broad competence to consider the linkages of the trade and monetary fields, and we think it is extremely important that the DEeD take up this challenge and fully equip itself to do that job. We shouldn't let present organizational structure and restrictions stand in the way of the DECD participating fully in this work in the best way possible. The challenge is clearlv here, Mr. Chairman~ I am absolutely convinced that the negotiations, as a whole, will be speeded and facilitated if the DECD itself is equipped to make a maximum contribution to the effort~ I think we are at a point of decision o We can by indecision in effect, opt out of these very important negotiations o I don't think we should opt out, we should move to seize the opportunity, to take advantage of the very great competence of this organi~ation~ The people competent to make the decision are assembled here and we believe we should act now o Thank you Mro Chairman. 000 The Department of the TREASURY WASHINGTON. D.C. 20220 TelEPHONE W04-2041 FOR IMMEDIATE RELEASE REMARKS OF THE HONORABLE PAUL A. VOLCKER UNDER SECRETARY OF THE TREASURY FOR MONETARY AFFAIRS AT THE CONFERENCE BOARD'S THIRD INTERNATIONAL CONFERENCE ON THE FINANCIAL OUTLOOK AT THE HOTEL INTERCONTINENTAL GENEVA, GENEVA, SWITZERLAND TUESDAY, MAY 30, 1972 REALISM IN INTERNATTIDNAL MONETARY REFORM I appreciate this opportunity to participate in the Third International Conference on the Financial Outlook, and to meet directly with a cross-section of leaders intimately concerned with the practical problems of international business and finance. The setting at the Conference in this internationally-minded city of Geneva itself emphasizes that we are dealing with issues that cut across national boundaries and interests, and can only be resolved with close cooperation and understanding. I suspect there would be no disagreement with a statement that we have been through a period of considerable financial turmoil and uncertainty in the past year. Monetary arrangements to which we had long grown accustomed have been changed. They have been changed not out of whimsy or neglect or selfishness. Rather, they had to be changed, because the basic premises underlying those arrangements were no longer valid. You -- and I -- have had to adjust our thinking to new economic circumstances and to a fundamentally new balance in world economic power. These circumstances evolved over a period of years. The evolution of the monetary and trading system failed to keep pace -- until, finally, sudden change was forced upon us. C-3l7 - 2 The process of change is never easy -- never painless. The general realignment of exchange rates, including the change in the parity of the dollar itself, was a difficult process. We are today operating without the familiar convertibility of the dollar into reserve assets. Important issues of trade policy -- more or less submerged for a time -have been projected forcibly into our consciousness. Underlying much of the turmoil has been the prolonged and aggravated weakness in the external financial and economic position of the United States. That weakness must be corrected if there is to be any lasting prospect of stability in the international monetary system. More thah that, a stable dollar and repair of the competitive position of the 'United States seems to me an essential ingredient of any effort to work together to extend the liberal and open trading order that has been the hallmark of the post-war world. The essential facts that reflect our balance of payments difficulties are well known: After 20 years of more or less limited balance of payments deficits, the accumulating pressures on the external position of the United States were reflected in a basic deficit on current and longterm capital on the order of some $10 billion last year. The primary factor in the deterioration in our balance of payments has been a shift from a once large trade surplus -- a peak of about $7 billion in 1964 -- to a sizable deficit today, a stark reflection of the cumulative pressures on the relative competitive capabilities and opportunities of United States industry. Obviously, U.S. inflation in the latter part of the 1960's contributed to those pressures. Yet, overall, our internal price performance over a period of years has been better than that of virtually any other major industrialized country. Clearly, the causes go deeper. The remarkable resurgence of the productivity, capacity, and marketing capability of industry in Europe and Japan during the post-war years has not been matched by needed changes in our monetary and trading arrangements. - 3 - I will be emphasizing today both the need for, and the difficulties of, change. I also want to retain a sense of peespective. In the face of monetary adjustments without parallel since the late 1940's, world trade is today substantially greater than a year ago. Private financial markets themselves -- including the huge Euro-dollar market about which we have heard so much -- proved capable of adjusting to the new circumstances with remarkable resiliency. Since late winter, calm has returned to exchange markets. Indeed, very little Central bank intervention in exchange markets has taken place for almost three months. Reflect upon that fact a moment. There have been few periods of comparable length in recent years in which a similar statement could be made. We cannot conclude from this experience that present arrangements are satisfactory for the longer run. In the Smith.a6tan Agreement, new exchange rates, were put in place, after hard bargaining to reconcile differing national views. The United States, as other leading countries, accepts the eXchange rates then established as a basic point of departure in dealing with Te1paining problems. A wider band for fluctuation around those exchange rates was also introduced at the Smithsonian. Trade agreemencs were soon reached to deal with certain immediate problems in a sensible and effective way, and to prepare the ground for more comprehensive negotiations. But all of this is an interim phase. The necessary adjustments have been launched, but not completed. The challenge remains to rebuild monetary and trading agreements and institutions to serve the world for the next generation. There is impatience to get ahead with that job. I share that impatience. Indeed, I admit to a certain volume of travels and discussions in recent weeks to that end. ~ut I am also convienced that, if we are to achieve lasting progress, we must b; willing to take the time to face squarely and openly the diffi: ..dties and obstacles in our path. In terms of procedures alone, we have the task of finding appropriate forums for carrying the work forward most effectively and expeditiously. These forums must combine equitable representation, breadth of focus, and manageable Size. - 4 That is no small order, but I can report considerable progress. Specifically, we look forward to the formation of one group under the general auspices of the International Monetary Fund, but able to draw on the resources of other competent organizations as well. Even before its formation, it has been popularly labelled the "Group of 20". On the basis of my own recent contacts with officials of a number of other leading countries, and discussions in other places such as UNCTAD, I believe that a strong consensus has emerged that the group should be directed not only to examine an -propo_s_e changes in the "Constitutio£\" of the monetary system, bu also to consider the essential inter-relationships between the monetary system and the world trading order. That thought is incorporated in IMF draft proposals on the group's mandate now circulating. We ·a1so hope and anticipate that the OECD can play an effective role in speeding and facilitating the task before us, especially in relating the monetary questions to trade and investment issues about which it has a high degree of competence. I would confess to some disappointment that there was resistance in meetings in Paris last week to some reshaping of the structure of the organization to focus its unique ;capabi1ities more directly on this effort. What did emerge, however, was clear recognition that the issues of trade, money, and investment are interrelated, and that the organization should play a role in developing a synthesis among them. We are, of course, also preparing trade negotiations in the framework of GATT, so that we can deal with specific impediments to trade. The broader common understanding of the nature of the overall problem reflected at the OECD meeting and elsewhere is one reason for encouragement as we look ahead. We can 'also take some·satisfaction, I believe, from what has already been accomplished. To appreciate that, cast your thoughts backwards to the situation a year ago. It was a time of great uncertainty in exchange markets; financial crisis was in the air, following a succession of increasingly serious monetary disturbanceh over the previous decade. - 5 The United States balance of payments was not only deteriorating at an alarming pace, but correctives adequate to the scale of the problem has not yet been put in place. In the absence of more constructive approaches, pressures for protectionism and temptations to retreat inwards were growing in the United States and in other countries. ! ,do not suggest that the needed adjustments have yet been dealt with fully and adequately. I do suggest that the problems have now been openly recognized, that fundamental correctives have been adopted, and that the stage is being set for useful negotiations on the remaining and longe~term issues. My confidence in a successful outcome of these negotiations stems in part from a conviction on all sides that we have much to gain in mutual prosperity from working together to preserve a cooperative world order, liberal trade and open economies. But my confidence stems from more than that generality. There are more specific accomplishments and attitudes that provide the needed foundations for negotiations. These accomplishments have come with what may seem to be agonizing slowness. In the isolation of our offices or on the lecture platform, each of us can spin out our personal version of a comprehensive plan addressed to all our economic problems. The difficulty is, of course, that those plans often do not converge in their major elements. We sometimes tend to forget we are dealing with matters little understood even by relatively informed citizens. Yet, they are matters of vital national interest, and they have sensitive political as well as economic dimensions. Perhaps the greatest challenge of all is that we need to adapt our collective thinking to fundamentally new circumstances in the world economy. Those circumstances did not, of course, arise suddenly last summer. They emerged more gradually over a period of years. But, as profound changes took place in the world economy, we were intellectually coasting on premises no longer valid. - 6 - Today, we are no longer coasting, instead, by facing openly the fundamental problems and the new realities, I believe we are laying the indispensable intellectual groundwork for the needed consensus on reform. There are, it seems to me, several important elements in this "new realism". First is the simple fact that it is now generally accepted that our monetary system is in need of fundamental repair and reform -- that new concepts of monetary arrangements are required to replace those which emerged at the end of World War II. In the immediate aftermath of the suspension of the convertibility of the U.S. dollar on August 15, there was an understandable tendency by some to try to return as fast as possible to the old mechanisms. But given the vast changes in the world economy, a patch-up of Bretton Woods could not do the job. Today, the more realistic premise is widely accepted that thorough-going reform of the ~ystem is needed. Secondly, we see recognition today that the problems of the monetary system are inextricably linked to those of the trading order. Last summer, this concept was highly controversial. Yet, within the past two weeks, a general consensus was affirmed at both the ministerial meeting at the DECD in Paris and at the UNCTAD meeting in Santiago that we need to aim at a synchronized approach to monetary, trade, investment, and related matters, policies in these interrelated areas should mutually reinforce each other in encouraging and facilitating needed adjustments. In some respects, the rules of the trading system and the rules of the monetary system directly overlap. For instance, when we face imbalances in payments, the proper role and function of trade measures -- such as surcharge~,quotas, or steps to liberalize imports -- and of monetary measures -- such as exchange rate changes -need to be freshly examined and clarified~ The implications of the visible tendency toward a proliferation of perferrential trading agreements and the drive toward greater monetary unity among some countries of the world requires a new look, today, these phenomena are prominent features of the world - 7 landscape -- but they were almost ignored in shaping the monetary and trading system at the end of World War II. Third, there is much greater understanding today in contrast to August 15 and December 18 -- about the length of time that it will take to eliminate the existing payments imbalances. The recent trade figures of the United States, showing continuation of a large deficit four months after the Smithsonian Agreement, emphasize again the simple fact that adjustment does take time. There is no reason to question that the exchange rate adjustments agreed last December will importantly support the United States trade and current account position as traders and businesses adjust to new competitive conditions. The relatively better price performance of the United States also promises to yield results over time. But it is equally true that the initial effects of the dollar devaluation have been perverse, and that the imbalances in payments have been aggravated by the cyclical phasing of the world economy. The United States economy is now expanding over a broad front and at a more rapid pace. A number of our major trading partners across the Atlantic and the Pacific are still in a phase of ~attvely slow growth -- and therefore of relatively low import demand. In the short run, these cyclical influences tend to dominate trade flows. Fortunately, these same influences have also provided a setting in which international interest rate levels could move toward better alignment, so that short-term capital flows need not aggravate underlying payment imbalances. Fourth and finally, I believe a consensus is emerging on some of the basic concepts that must govern any new monetary and tradin~ order. I will mention three in particular. I se. ~ a convergence of thinking that our international arrangements must leave reasonable scope for independent action by sovereign nations in shaping their internal policies. No nation will depart from basic policies aimed at high employment, reasonable price stability, and growth, ~or can we ignore the plain evidence that internal policy flexibility is neither so - 8 - complete, so instantaneous, or so effective as we would like. In short, we have to face the fact we neither know enough, nor can practically implement, a finely tuned mix of internal policies adequate to square domestic objectives with every shift in international circumstanceso Certainly, any nation expecting to benefit from international trade and investment must be prepared to accept obligations toward the common order. But we cannot build a durable international monetary system on dreams of full international coordination. We must recognize the hard reality that, in particular situations, objective will conflict. There is a direct corollary to this point: the instruments available for balance of payments adjustment need to be reexamined and broadened, and the necessary disciplines need to be enforced reasonab1, and equitable on deficit and surplus countries a1ikeo Obviously, large and difficult questions arise in developing and implementing effective means to this end. As I suggested earlier, a choice between monetary devices (such as exchange rates) and trade devices (such as surcharges or special efforts to liberalize imports) may arise. These questions are unresolved. But the first vital step is taken -recognition of the problem and a willingness to deal with ito The emerging consensus seems to me to extend to the further pointj whatever the particular mechanics of the new system, additional flexibility ~ust be built into the exchange rate regime o Of all the technical problems before us, this may be the most difficult. Fixed exchange rates to be defended through thick and thin entail a s~le, easily-understood ru1e o We know how that system works-- or at least how it is supposed to work. We also know that in today's world, that system broke down because frozen exchange rates lose touch with real it yo What we need is to build enough "flex" or elasticity into the system to permit it to adapt to change more smoothly, thus preserving the larger stability and durability of the who1e o Certainly, there are also important areas in which no is yet emerging in terms of shaping a new system o consen~s I referred earlier to the fact that regional monetary and trading areas are a phenomena essentially outside the framework of the old system. Yet, the Common Market is a fact of life. Indeed, the United States has long supported its deve10pment o - 9 - I see no inconsistency between that support and our deep concern over the proliferation by the European Community of preferential trading agreements, actual or under discussion, to some 50 trading partners beyond the boundaries of the Community itselfo We are also concerned about the external implications of its agricultural policies o At the same time, I personally believe that greater monetary cohesion within a large part of Europe, taken by itself, could potentially become an important building block in the emerging international monetary system o The challenge is to develop the potential in the situation, while resisting the threat of a lapse into the kind of regional blocs that are antagonistic in trade and monetary affairs and disintegrating in terms of our common economic and political objectives o Another area of contention - present and potential - relates to capital controls. I often hear it said that the United States balance of payments problem reduces itself largely or entirely to a question of outflow of capital. This seems to me an illusion o It is, for instance, a fact that on balance over recent years,before the heavy speculative influences in 1971, the U. S. experienced a net inflow of long-term capital from Europe. It also seems to me undeniable that, if the U. So is to support an aid program worthy of our nation and permit capital to flow to the LDC's, we will need a sizable current account and trade surplus, in contrast to our present deficit. The United States approaches the question of international capital movements with a conviction that in seeking payments equilibrium - and sustainable equilibrium - balance cannot be forced permanently or recurrently by the use of capital controls o This is partly a question of economic philosophyo But it is also a highly practical judgment that our ability to develop and enforce such controls effectively over a sustained period of time is extremely limited without damaging the very fabric of trade and commerce we seek to support. The \ .atility and size of international capital flows - most particularly in the short-term area - give rise to problems that must be dealt with effectively and pragmaticallyo More than one technique can be and has been adopted to that purposeo Contrasting views on these techniques need to be brought into confrontation and resolved. No doubt we can also expect controversy about what I think of as the mechenics of the system - the nature, volume, and use of -1'0 - of reserve assets; the role (if any) for reserve currencies; and, I would add, appropriate ways and means for avoiding dependence on gold in the monetary system o In one sense, these matters are the nuts and bolts of the international monetary machine, and they provide a natural agen~ for discussion o But I would also urge that in putting those nuts and bolts together, we first need a common vision of the ki.nd of machine we need and wanto In other words, the mechanics have to be looked at as part of a coherent whole o I think it is plain to all of you that I do not minimize the challenge which remains aheado In facing this challenge, I take as a fundamental premise th need for leadership from the United Stateso We, after all, remai' the largest and strongest of the world economies o Indeed, I am proud of American leadership in these recent months - our recognition of the need for change, and for fundamental change; our willingness to take hard measures domestically and internationall which, however distasteful in the short run, will accelerate the needed adjustments; our insistence that the old international system could not simply be patched up, but requires a fundamental rethinking in cooperation with our trading partners. I also believe there needs to be some understanding that the nature of American leadership must inevitable change. We are no longer a colossus standing astride the world's economy, with unparalleled productivity, competitive position, wealth, and political and military power. Leadership cannot, in the circumstances of today, be equated with tolerating disproportionate burdens for aid and for defense, and not least for the dollar itself. Like other countries, we in the United States must fit our performance and our aspirations to our capabilities. All of us have to recognize that today economic power has become much more balanced: that the United States has had deficits in its payment for more than 20 years, and that these deficits had reached an unbearable size; that the international assets and the international credit of the United States had been stretched to the breaking point; that other nations, often with the help and prod of American capital, have made enormous economic strides. We need to recognize, too, that with economic strength goes politicS responsibility. - 11- I put the point very simply and b1unt1yo We live in a world in which benefits and burdens - monetary, trade, defense, and aid - must be more equitable shared o It is not a question simply of economic capacity but of a state of mind o National psychologies and national responsibilities do not change overnighto But change they musto I believe that evolution is going on now o In many ways, it is a wrenching process, for it challenges long-accepted assumptions, and our capacity to understand and to cooperate togethero But it is also a fundamentally healthy process. I am convinced that out of these changes we can lay a fresh basis for extending and reinforcing the prosperity and political harmony that have been our common heritage from the post-war monetary and trading system. The Department 01 the TREASURY ASHINGTON, D.C. 20220 TELEPHONE W04-2041 FOR IMMEDIATE RELEASE May 31, 1972 TREASURY PROPOSES NEW RULES ON "ARBITRAGE BONDS," OFFERS SPECIAL SECURITIES TO STATE, LOCAL GOVERNMENTS The Treasury Department today announced a series of related actions affecting the marketing of bond issues by State, county, and municipal governments throughout the country. Treasury's moves are designed to clarify the Federal tax status of State and local bond issues under the "arbitrage bonds" provision of the 1969 Tax Reform Act, and to assist State and local governments in selling their bonds. The Internal Revenue Code provides that interest paid on bonds issued by a State or local government is exempt from Federal income tax. However, under the Reform Act, if a State or local government will use funds from a bond issue to purchase other securities providing a "materially higher yield" than the bonds themselves -- that is, will engage in an "arbitrage" transaction -- the interest paid to the bond holders will be subject to Federal income tax. For example, if a local government plans to issue bonds at 5 percent and invest the proceeds in obligations yielding 7 percent, the bonds will generally be treated as arbitrage bonds and the interest paid to the bond holders will be taxable. In today's actions, the Treasury: Issued proposed arbitrage bond regulations which supplement temporary regulations announced by the Department on November 12, 1970. Amended the temporary regulations, principally to re-define "materially higher yield". C-3l6 - 2 Announced issuance of two special series of nonmarketable Treasury securities tailored to the needs of State and local governments, to facilitate compliance with the applicable provisions of the Tax Reform Act. The proposed regulations announced today incorporate most of the previously announced rules, including guidelines for computing the yield on State and local bonds and on obligations acquired with the bond proceeds. In addition, the new regulations give guidance on other matters, including: 1. How a State or local government can identify the "proceeds" of a bond issue for purposes of computing the yield on investment of the bond-raised funds. 2. A definition of the "temporary periods" provided for in the Tax Reform Act during which a S~ate or local government may invest bond proceeds in obligations of a materially higher yield without loss of the taxexempt status of interest paid on their bonds. 3. The method of determining a "reasonably required reserve or replacement fund" -- also as provided for in the Reform Act -- that may be invested without restriction in obligations producing a materially higher yield. 4. The treatment of advance refunding issues. The amendment to the temporary regulations defines "materiall higher yield" as more than 1 /8 of one percentage point, compared to 1/2 of one percentage point under the previous regulations This amendment applies to bonds issued more than 30 days after date of publication of the amendments in the Federal Register. 0 The proposed regulations and amendment to the temporary regulations will be published in the Federal Register for Thursday, June 1, 1972, and will provide an opportunity for interested persons to comment on the proposals. Treasury also will hold a public hearing on the proposals on August 15, 1972. - 3 - In another action, Treasury offered new nonmarketable securities to State and local government bodies. The nonmarketable securities are United States Treasury Certificates of Indebtedness State and Local Government Series, and United States Treasury Notes -- State and Local Government Series. Certificates will be issued for periods of three, six and nine months, and one year. Notes will be available for terms of 18 months to seven years o The interest rate on the new securities will be established by the State or local government, so long as that rate is IDwer than the yield on marketable Treasury securities of comparable maturities. Thus, the new special securities will provide a convenient means of investment by which State and local governments can avoid loss of exemption from Federal income tax for the interest on their own obligations. Subscriptions for the new securities, which will be issued in book-entry form, must be in multiples of $5,000. Application for purchase of the certificates and notes may be made at any Federal Reserve Bank or Branch. Although subscription forms will not be available immediately, the Treasury said that applications for the new offering will be accepted without delay, provided they are accompanied by full payment and appropriate instructions, including the amount of the certificates or notes desired, the terms of maturity thereof, the interest rates, and the title of the State or- local official authorized to redeem the securities. 000 The Department 01 the TREASURY ASHINGTON, D.C. 20220 TELEPHONE W04-2041 FOR RELEASE UPON DELIVERY EXCERPTS FROM THE REMARKS OF THE HONORABLE EDGAR R. FIEDLER ASSISTANT SECRETARY OF THE TREASURY FOR ECONOMIC POLICY TO THE MUNICIPAL FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA DENVER, COLORADO MAY 31, 1972 11:00 A.M., MDT The President's New Economic Program: A Progress Report Nine months have elapsed since the new economic program was initiated in midsummer 1971, and during that time the economic climate has been altered in many important ways. Perhaps the most dramatic changes in the economy have occurred in our international trading and monetary arrangements, where the dollar is no longer convertible into gold and where a major realignment of currency exchange rates has been negotiated. This realignment has improved the exchange position of our exports materially, though the impact is yet to be felt on our trade balance. A new and difficult round of negotiations is getting underway now to achieve a more fundamental and more lasting reform of the international monetary system. Probably the most significant factor in these changes to the international economic system is the fact that they are being effected in the framework of the relatively liberal trade policies that have characterized the system since World War II. In a period like the present, there is always a risk that the world will make a sharp turn toward economic nationalism and strict protectionism; thus far, that danger has been avoided. Another major change that has taken place since last summer is the sharp acceleration in the growth of economic activity in the United States. Total real output -- after adjustment for inflation -- is advancing at a rate of around six percent this year, compared to less than three percent from 1970 to 1971. Personal income and sales and profits C-31B _ - 2 and employment are all rising rapidly as well; indeed, every major sector of the economy is participating. But the job is not finished. Growth in the labor force has matched the rapid growth in employment and the unemployment rate remains too high. The continuing climb of employment -- where all the advance signs are presently favorable -- is anticipated to reduce the ranks of the jobless soon. On the inflation front, it is clear that both price and wage inflation have slowed since the Economic Stabilization Program began last August. The most telling evidence is the increase in the real purchasing power of the average worker's take-home pay, which has advanced at an annual rate of 5.5 percent since the program began, compared to a 1.3 percent rate of improvement in the previous six months and no meaningful gain at all during the period 1965-70 when inflation and higher taxes ate up all of the large gains in wage rates. It is, however, too early to know whether the stabilization program will achieve its interim goal of cutting the rate of inflation to between 2 and 3 percent by the end of this year -- although I personally believe the target will be reached. Consequently, the New Economic Program has made progress on all fronts: major steps have been taken to bolster our international economic position, while at horne economic growth has accelerated and inflation has been slowed. Yet in each case, much remains to be done: new and tough negotiations on a revised international monetary and trading system lie ahead, the unemployment rate must be brought down, and the rate of inflation must be reduced further. Thus, while the economy has improved, the task of the President's New Economic Program has not been completed. 000 The Department 01 the TREASURY WASHINGTON. D.C. 20220 TElEPHONE W04-2041 FOR RELEASE AT 3:30 P.M. May 31, 1972 TREASURY WILL NOT REFUND BONDS MATURING JUNE 15 The Treasury announced today that it will not refund the $1,226 million of 2-1/2% bonds maturing on June 15, 1972. The Treasury said that it could payoff the bonds because its cash position is expected to remain strong for the rest of the fiscal year. The public holds about $1,074 million of the maturing bonds'; Government accounts and Federal Reserve Banks hold the remaining $152 million. The'Departmento!the TREASURY 'ASHINGTON. D.C: 20220 TELEPHONE WD4-2041 FOR IMMEDIATE RElEASE May 31, 1972 A Treasury spokesman today issued the following statement: Chairman Mills has proposed an interesting procedural format for the comprehensive and systematic review of the Internal Revenue Code. Any definitive comment by the Administration must, of course, await an analysis of the actual mechanics of the proposal. However, the 8 tated objective of assuring that future reform of the tax code occurs in the next two Congresses and therefore in a climate and at a pace that will permit thoughtful review and deliberation is completely consistent with the views of this Administration. But we should also recognize that the tax provisions involved affect the economic status and well-being of millions of taxpayers. As a result, the procedure itself requires the most intensive study in order to make certain that the approach would not in itself create severe dislocations which might seriously affect the health and stability of the nation's economy. It is most ;mportant to emphasize, in addition, that this proposed procedure should not in any way be the excuse tor additional Federal spending. Indeed, we badly need a parallel, systematic and careful review that will end spending programs which have outlived their usefulness or are otherwise of questionable value. C-319 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 2, 1972 TREASURY ANNOUNCES PENTAERYTHRITOL FROM JAPAN IS BEING SOLD AT LESS THAN FAIR VALUE Assistant Secretary of the Treasury Eugene T. Rossides announced today that pentaerythritol, including nitration grade pentaerythritol, monopentaerythritol, technical pentaerythritol, dipentaerythritol, tripentaerythritol, and mixtures thereof, from Japan is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. Notice of the determination will be published in the Federal Register of June 3, 1972. Pentaerythritol is an odorless, white, crystalline, watersoluble powder used chiefly in the manufacture of alkyd, varnishes, plasticizers and explosives. The case will now be referred to the Tariff Commission for a determination as to whether an American industry is being, or is likely to be, injured. In the event of an affirmative determination, dumping duties will be assessed on all entries of pentaerythritol from Japan which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement was issued on March 2, 1972, which stated that there was reasonable cause to believe or suspect that there were sales at less than fair value. Pursuant to this notice, interested parties were afforded the opportunity to present oral and written views prior to the final determination in this case. ll During the period from January 1971 through December 1971 imports of pentaerythritol from Japan were valued at approximately $1.2 million 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 2, 1972 STATEMENT OF EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS) ELEVEN MONTH REPORT OF THE TREASURY/IRS NARCOTICS TRAFFICKER PROGRAM The following is the report for May 1972, and for the combined eleven-month period of the Treasury/IRS Narcotics Trafficker Program initiated by President Nixon in June 1971, and fact sheets on the program in key locations. May 1972 An additional $1,078,000 was seized for a total of $7.8 million in the II-month period. This is more than the $7.5 million appropriated for the program by Congress. We can now say that the drug trafficker's illegal profits are being used to put them out of busir~ ss. 116 targets for intensive tax scrutiny were added for the first time suspects in the Little Rock, Arkansas, and Springfield, Illinois Metropolitan areas); an additional $8 million in taxes and penalties were assessed; one drug trafficker was convicted on tax charges; three indictments were returned on cases now awaiting trial in U.S. District Courts, and 10 cases were recommended for prosecution. ~ncluding Eleven Month Period (July 1, 1971 - May 31, 1972) 1. 718 major targets in 38 states, 51 Metropolitan areas and the District of Columbia were selected by Treasury's Target Selection Committee and referred to the IRS. (See attached Table 1.) In addition 469 minor traffickers are under tax action. Under the direction of IRS Commissioner Johnnie M. Walters, 410 Treasury Agents and 112 support personnel are presently conducting the intensive tax investigations. C-321 - 2 2. $49.5 million in taxes and penalties have been assessed under the program, of which more than $7.8 million has already been collected in the form of cash or valued property. 3. Five men have been convicted on criminal tax charges; 15 other criminal tax cases are pending in Federal District Courts in New York, Miami, Detroit, Los Angeles, San Francisco, Indianapolis, Baltimore and Washington, D. C.; and another 22 investigations have been completed with prosecution recommendations. We believe this represents a significant achievement. By focusing attention on the key figures responsible fur the narcotics distribution, this program will make a major additional contribution to the President's offensive against drug abuse. The word for the drug traffickers is get out of the illegal drug traffic or face up to intensive tax investigation. The program is designed to take the profit out of the illegal traffic in narcotics and thereby further disrupt the traffic. This is to be accomplished in blO ways: (1) By conducting systematic tax investigations of middle and upper echelon narcotic traffickers, smugglers and financiers. These are the people who frequently are insulated from the daily operations of the drug traffic through intermediaries; (2) By the systematic drive underway to seize - to be applied to taxes and penalties owing - the substantial amounts of cash that are frequently found in the hands of Narcotics Traffickers below the middle and upper echelon level. This aspect of the program is being conducted through the close coordination we have established with State and local police departments throughout the country, the Bureau of Narcotics and Dangerous Drugs of the Department of Justice and Treasury's Bureau of Customs. In each area of the country, cadres of Treasury Agents have been established to concentrate full time on intensive tax investigations of major narcotics traffickers, smugglers and financiers. The objective is t6 increase the pressure at all levels on those who traffic in narcotics. - 3 - computers are now being used in this program to facilitate the year in, year out scrutiny of the finances of these narcotics traffickers. By computerizing our information we will be able to systematically and quickly examine each trafficker targeted under this program. . Alt.hough all of the penalties and taxes that have been may ~ot be collected, in my judgment the impact of U"1.f, program on the narcotics traffic is already substantial ~n~ increasing each month. There have been recent indications of ] ~carcity of heroin on the street. The drug has been 1.~·HS available, as a result of which it appears that it is I . : ) nq sold at a higher price or in a diluted form. il~; ~~;'_;;:;E'd BACKGROUND PAPER President Nixon announced the program of tax irr!0stiqations of major narcotics traffickers on June 17, 19 , d...:. ..: ~L l oi. d inessag·:! on his multi-dimensional approach to combat drug abuse. The objective of the program is to disrupt the narcotics distribution system by taking the profits out of the illegal traffic in drugs. Reflecting the high priority given this program by the President, Congress provided financial support for it amounting to $7.5 million in Fiscal 1972 and authorization for 541 additional positions in IRS -200 Treasury Intelligence Agents, 200 Treasury Revenue . Age.nts, and 141 support personnel. Treasury has coordinated this tax program with the anti-smuggling drive of its Bureau of Customs, the drive against narcotics distribution of the Bureau of Narcotics and Dangerous Drugs, 'and the prosecution efforts of the Tax and Criminal Divisions of the Department of Justice. We have also had the full support and cooperation of State and local enforcement agencies in the conduct of this program. This program is a major enforcement effort but it must be emphasized that it is only one part of this Administration's comprehensive drive against narcotics. The President's Multi-pimensional War on Drug Abuse President Nixei'! started his war on drugs the first month of his Administration when he established the Interdepartmental Task Force on Narcotics, Marijuana and Dangerous Drugs that led to Operation Int rcept in September, 1969, and Operation Cooperatio,n in October, 1969. He has escalated that war with a series of action programs, and progress has been made. First, he elevated the dru~ problem to the foreign policy level and has taken personal initiatives in soliciting the cooperation of other governments. The aim of our uiplomatic efforts is to have each nation do its share and meet its responsibilities in the worldwide war against drug abuse. - 2 - He established the Cabinet Committee on Inter~ ~l Narcotics Control, under the Chairmanship of Secre __ ~y of State Rogers, to coordinate the United States initiative on the international level. Second, he placed particular emphasis on the crucial roles of educati0n, research, and rehabilitation. The Special Action Office for Drug Abuse Prevention was established within the White House to coorBinate Federal action in the fields of education, research, and rehabilitation. In 1971, nearly 150 million dollars were devoted to education, research, and rehabilitation. That figure will be doubled in 1972· and increased further in 1973. Third, he recommended differentiation in the criminal penalty structure between heroin and marijuana, and flexible provisions for handling first offenders. Fourth, he stressed total community involvement the private sector as well as governmental agencies -in this anti-drug abuse program. Fifth, he provided a sUbstantial increase in budgetary support for the Bureau of Narcotics and Dangerous Drugs and the Bureau of Customs and initiated the IRS tax drive on drug traffickers. He established the Office of Drug Abuse Law Enforcement in the Department of Jus~ice to concentrate an assault on the street level -heroin pusher working closely with state arid local enforcement agencies. Sixth, he recognized the central role of the states and the need for close Federal-state cooperation in a unified drive against drug abuse. TABLE I STATE METROPOLITAN AREA Alabama Mobile 1 Alaska Anchorage 1 Arizon2, Phoenix-Tucson Arkansas Little Rock California Los Angeles-San Diego San Francisco-Oakland Colorado Denver Cormecticut Hartford 11 District of Columbia Washington, D. C. 16 Florida Miami 55 Hawaii Honolulu Georgia Atlanta 19 Illinois Chicago Springfield 40 Indiana Indianapolis 8 Louisiana New Orleans 12 Maine Bangor 1 Maryland Baltimore 4 Massachusetts Boston 12 Michigan Detroit 48 Minnesota St. Paul-Minneapolis 2 Mississippi Gulfport 1 Missouri St. Louis 7 Nevada Las Vegas 3 New Hampshire Portsmouth 2 SELECTED TARGID 24 2 34 29 8 7 4 -2- STATE ---- METROPOLITAN AREA lew Jersey Newaxk-Camden New Mexico Albuquerque 9 New York Albany Buffalo New York City & Suburbs 4 SELECTED TARGETS 48 9 122 North Carolina Greensboro 15 Ohio Cincinnati Cleveland 6 Oregon Portland 9 Permsylvania Philadelphia Pittsburgh Rhode Island Providence 1 South Carolina Columbia 5 Tennessee Nashville 4 Texas Austin-Houston Dallas 37 3 utah Sal t Lake City 2 Virginia Richmond-Norfolk 19 Washington Seattle 11 West Virginia Parkersburg Wisconsin Milwaukee Treasury Department Office of Law Enforcement 7 39 15 1 1 718 May 31, 1972 '~." \1 I'~ 1~.. ' '. :. .' .. -'. • " '1 ,; ~ :! ~ 1 •• ' , . '>. ~ t~ .~",>., ~ ~ ~ . ' . ~ ,< '. "" .. \ ·"'7 : i~_ ~ ---"">-:-c;c ';'~.v , _ ~. I.".... ". . ' . './"'i."". . "', . , " \ "-<2)-'_' '-...... - c.., "n-/.;0:;";:;;.. ··-···-···-···-·-.T:_-.. r) 'O.~" ,,,- ' /7 )~, -'< ' ~ --I F=-- 1 -- ' ... ".. h; C01. V'::A.QO 2 8 ...... ";-, J( .... ;" ... , .... --- ~ ..... --..-- May 31. 1972 ~ '~')'~ . ' \~ }) ,, ••... \ _'"'<'( I "1 ,_ . / , .. f(, ,o"'- ~i:- f!~, ~"'1.~ :(0-~'~0~;; ./(~>"".'~:. :./;::';',",-:/ ~:-_ ~ • ,-,.. :7/ , '\. "1 . 0""" '-. ... 0 " /,! ,I • .. :::-""2" --:'1 ____ 135 . 7• " ,,". (C\'" \ 'I (4'8 \ 1 , \ , "48' [Y ..... \ ... ,... ~,"" 2 .......... 'iV/:" • OM'O " 13 > ::;":\\1 .. ) •.., ; "'h"V . 'J._ ',_, •. ."" "." 19 ~ iJ ./ J : -..., .... -..: H£X'~: ... } r .. h.'"'''' r;. r ' /,.... ~)" a.:t 9 ,~ , ~ 0) ..... • 24 "" " '- ". r-- --'\ .. c .... '" 1'(0 7 r,.:-... ! ' \ t. , ".").-. . I \ "-i1iO-1J4 HAWA.", 2 1 ' 3 /~ l- .. . ~"''"'''''', I I l\~:;2/\ 5~! ~ ~" ~\<~> ~.,".' ,. ~ . \~ ", -1 .; . -\ 0 , . , . ./ . ./ . "'-..,. -. "",C), f 11 29 C0 ." - , .'.. ' '., ,.... I .. • .. ·.. \ IJ:-;;;-' ), r ,.., r- :; '7 i c.! ....-. .. -8 I '71__ .. .., " r-". . .- . ", , ··,·.L - 's- t,• ...... 0'C.. " , .... -. r.,"-r cf TuC::. ) 40 .21 'l'AlILE ! T R~gular Assess~ents Sp-J21tane:ms AssessmentsY (Jeopardy Assessments and Tax year Terminationsl/ ) Total Assessments $36)077)945 $49,5 2 0)5 43 Tax Year Terminations Dollars Seized $ 6)671)226 Cases Recommended for prosecution 22 Criminal tax cases in U.S. Courts awaiting trial 15 Criminal tax convictions 5 1/ Jeopardy assessments are additional assessments of taxes made where a return has been filed) but where circumstances exist under which delay might jeopardize collection of the revenue. g/ Spontaneous Assessments are expedited assessments made against narcotics traffickers as a result of seizures by other law enforcement agencies of sUbstantial cash or other assets during the course of an arrest or a search. Because of the expedited procedures employed) the figures for spontaneous assessments are frequently in excess of the amount ultimately determined to be due. Termination of Tax Year is a computation of the tax due and assessment made where the time for filing the return has not become due where circumstances exist under which delay might jeopardize collection of the revenue. Treasury Department Office of Law Enforcement May 31, 1972 135 New York State New York County Kings County Bronx County Nassau County Queens County Suffolk County Westchester County - 35 16 26 12 22 - 9 5 Albany Area 4 Buffalo Area 9 Regular Assessments $ 1,232,940 Spontaneous Assessments 1/ $ 10,430,921 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 11,325)~OO Tax Year Terminations Dollars Seized $ 3,973,294 Property Seized $ 126,801 Prosecution Recommendations 6 Criminal tax cases in U. S. Courts awaiting trial 1 1/ See footnote 2 on Table II. I/ See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement May 31, 1972 NEWARK TARGETS Total Targets 48 Regular Assessments $ 207,400 Spontaneous Assessments 1/ $3,784,348 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 3,991,748 Tax Year Terminations Dollars Seized $ 24,313 Property Seized $ 150,000 Prosecution Recommendations II 1 See footnote 2 on Table II. I/ See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement Mav 31, 1972 WASHINGTON, D. C. TARGETS 21 Total Targets Regular Assessments $ 937,700 Spontaneous Assessments 1/ $ 512,600 (Jeopardy Assessments and Tax Year Terminations ~/) $ 1,450,300 Total Assessments Tax Year Terminations Dollars Seized $ 44,900 Property Seized $ 40,800 Criminal tax cases in U. S. Courts awaiting trial (2 in D. C. &2 in Maryland) 17 See footnote 2 on Table 4 II. I/ See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement May 31, 1972 NEWARK TARGETS Total Targets 48 Regular Assessments $ Spontaneous Assessments 1/ $3,784,348 207,400 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 3,991,748 Tax Year Terminations Dollars Seized $ 24,313 Property Seized $ 150,000 Prosecution Recommendations 1 1/ See footnote 2 on Table II. 2/ See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement May 31, 1972 WASHINGTON, D. C. TARGETS 21 Total Targets Regular Assessments $ 937,700 Spontaneous Assessments 1/ $ 512,600 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 1,450,300 Tax Year Terminations Dollars Seized $ 44,900 Property Seized $ 40,800 Criminal tax cases in U. S. Courts awaiting trial (2 in D. C. &2 in Maryland) 4 17 See footnote 2 on Table II. I/ See footnotes 1&2 on Table II. freasury Department otfi~e of Law Enforcement May 31, 1972 MIAMI TARGETS Total Targets 55 Regular Assessments $ 9,633,139 Spontaneous Assessments 1/ $ 307,863 (Jeopardy Assessments and Tax Year Terminations 7:../) Total Assessments $ 9,755,900 Tax Year Terminations Dollars Seized $ 74,202 Property Seized $ 249,000 Criminal tax cases In U. S. Courts awaiting trial 3 Convictions 2 17 See footnote 2 on Table II. 7/ See footnotes 1&2 on Table IT. Treasury Department Office of Law Enforcement May 31, 1972 DETROIT TARGETS 48 Total Targets Regular Assessments Spontaneous Assessments II $ 444,000 $ 926,174 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 1,090,900 Tax Year Terminations Dollars Seized $ 260,833 Property Seized $ 33,521 Prosecution Recommendations 1 Criminal tax cases in U. S. Courts awaiting trial 2 1/ See footnote 2 on Table II. 1/ See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement May :11, 1972 CHICAGO TARGETS Total Targets 40 Regular Assessments $ Spontaneous Assessments 1/ $ 527,670 20,000 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 460,700 Tax Year Terminations Dollars Seized Property Seized Prosecution Recommendations 1/ See footnote 2 on Table II. Z/ See footnotes l&@ on Table II. Treasury Department Office of Law Enforcement $ 63,539 -01 AUSTIN TARGETS Total Targets 38 Regular Assessments $ 17,400 Spon~aneous $505,828 Assessments 1/ (Jeopardy Assessments and Tax Year Terrnina t ions II) Total Assessments $321,000 Tax Year Terminations Dollars Seized $331,299 Property Seized $ 40,000 Prosecution Recommendations 2 1/ See footnote 2 on Table II. See footnotes 1&2 on Table II. I/ Treasury Department Office of Law Enforcement May 31, 1972 LOS ANGELES TARGETS Total Targets 34 Regular Assessments Spontaneous Assessments $ 11 221,728 $ 4,352,047 (Jeopardy Assessments and Tax Year Terminations ~/) Total Assessments $ 1,919,400 Tax Year Terminations Dollars Seized $ 514,538 Property Seized $ 42,000 Criminal tax cases in U.S. Courts awaiting trial 1 1/ See footnote 2 on Table II. See footnotes 1&2 on Table II. I/ Treasury Department Office of Law Enforcement ~Ia y 31, 19 - 2 SAN FRANCISCO TARGETS 29 Total Targets Regular Assessments $ Spontaneous Assessments 1/ $ 2,236,465 313,500 (Jeopardy Assessments and Tax Year Terminations 2/) Total Assessments $ 2,474,000 Tax Year Terminations Dollars Seized $ 246,902 Property Seized $ 171,485 Criminal tax cases in U.S. Courts awaiting trial 2 1/ See footnote 2 on Table II. 1/ See footnotes 1&2 on Table II. Treasury Department Office of Law Enforcement May 31, 1972 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE ON DELIVERY COMMENCEMENT ADDRESS BY THE HONORABLE SAMUEL R. PIERCE, JR. GENERAL COUNSEL OF THE U.S. TREASURY JOHN JAY COLLEGE OF CRIMINAL JUSTICE CITY UNIVERSITY OF NEW YORK AT CARNEGIE HALL SUNDAY, JUNE 4,1972,2:30 P.M., E. D. T. CRIME CONTROL: SOME COMMENTS AND SUGGESTIONS Since the prohibition era, when the seeds of organized crime were first sown, crime has been a major problem in the United States. How to control crime effectively -- how to eliminate it or reduce it to an absolute minimum -- has received a great deal of attention from legislators, law enforcement officials, judges, criminologists, penologists, and other students of human behavior in this Country over the past half century. I first became interested in crime control some 20 odd years ago when I was a young Assistant District Attorney in Frank Hogan's office here in New York County. It is a fascinating subject and my interest in it has continued through the years. When I was invited to speak here, I could not help but think about the many changes that had taken place in crime control since I first became interested in it. Changes Effected by Supreme Court Decisions One of the first things I thought about was the effect of Supreme Court decisions on crime control. The prevention and detection of crime as well as punishment for the commission of crime are fundamental to crime control. Each of those elements were effected by the criminal law revolution that took place between 1960 and 1970. During those years the Supreme Court, with Chief Justice Warren at its helm, revolutionized the criminal law by extending to the States the application of various gUarantees under the Bill of Rights of the Federal Constitution. C-323 - 2 The revolution began when the Warren Court ruled in Mapp V. Ohio (367 L,S. 643) that evidence secured in violation of the Fourth Amendment, relating to unreasonable searches and seizures, could not be introduced at a State trial. Thus, the Court, for the first time, applied to the States, the Federal exclusionary rule on evidence obtained through illegal search and seizure in violation of the Fourth Amendment. The ~ case had a sharp impact on law enforcement. I can recall when I was an Assistant District Attorney it was quite common for the police to search for and seize evidence without a search warrant. Before the ~ case, such evidence was not excluded and could be introduced against a defendant at his trial. After that case, of course, this could not be done. Consequently, while guarantying an important individual right against State action, the case made the job of law enforcement in many States a hit more difficult. The ~ case was followed by a multitude of cases during the decade of the 1960's in which the Supreme Court extended various Bill of Rights guarantees to the States. By the end of that decade nearly all of the guarantees of the Fourth Amendment (which protects against unreasonable searches and seizures), the Fifth Amendment (which protects against double jeopardy, self-incrimination and guarantees due process), and the Sixth Amendment (which guarantees an accused a fair and speedy trial) had been made binding upon the States. The criminal law revolution that was effected by the Warren Court resulted in forcing the States to give defendants in criminal cases far more protection than they had ever had in the past. Not only did the Court rule that individual rights guaranteed by certain amendments to the Federal Constitution were enforceable against the States, but, in interpreting those amendments, the Court strengthened and expanded them to the benefit of those charged with the commission of crimes. For example, the Court, in its interpretation of the Sixth Amendment which relates to fair trials -- held that a defendant had the right to counsel during the preparation and trial stages of his case. Subsequently it extended that right to the interrogation room, and held that any suspec in the custody of the police had the right to consult with his attorney before he was interrogated by the police. (See Gideon v. Wainwright, 372 U.S. 335 and Escobedo v. Illinois 378 U.S. 478). The Warren Court's handling of the privilege of self-incrimination provides a further illustration. The Court decided that the Fifth Amendme Privilege against self-incrimination applied to the States (Malloy V. Ho~ 378 U.S. 1). Subsequently, it went further. In one of its most famous an indeed, most controversial cases -- Miranda vs. Arizona (384 U.S. 436) -the Warren Court held that from the moment a suspect is taken into custody - 3 - he must be warned by the police of his privilege against self-incrimination and of his right to counsel during interrogation. Another example is that Court's interpretation of the Fourth Amendment in such a manner as to give greater protection against electronic eavesdropping to criminal suspects and defendants. The Court considered electronic eavesdropping to be an unlawful invasion of privacy in violation of the Fourth Amendment unless the eavesdropping was carried out p~rsuant to a court order issued under certain, very strict requirements as defined by that Court in the case of Berger v. New York (388 U.S. 41). The effect of the Berger case and other decisions of the Warren Court on eavesdropping was to curtail drastically the use of electronic eavesdropping as a legitimate means of law enforcement (see U.S. v. Katz, 389 U.S. 347, Lee v. Florida, 392 U.S. 378, Alderman v. U.S., 394 U.S. 165, Cf. Osborne v. U.S., 385 U.S. 323.) The criminal law revolution came to an end in 1969. In retrospect, some might say that the decisions of the Warren Court in the area of criminal law during the decade of the '60's were bold, extremely imaginative, and very necessary to protect the civil liberties of individuals against improper actions by the States. Others might argue that the Court was too liberal in its construction of law and this resulted in numerous decisions which helped criminals, encouraged crime, and made the job of law enforcement unnecessarily more difficult. Whether one agrees or disagrees with what the Warren Court did to criminal law, he would have to admit that the decisions of that Court had a very substantial and profound impact on crime control. In fact, many people blamed the substantial increase in crime in the late sixties on the decisions of that Court. Since Chief Justice Burger became head of the Supreme Court about three years ago, defendants have gained some additional protections, but in several important instances, the Court has ruled in favor of Federal and State positions. For example, just recently -- on May 22 of this year -- the Court held that unanimous jury verdicts are not required for convictions in criminal cases in State courts (Johnson v. Louisiana, 40 L.W. 4524). On the same date, it decided that the United States Government may compel testimony from an unwilling witness, who invokes the Fifth Amendment privilege against compulsory self-incrimination, even though that witness may be later convicted on the basis of other eVidence for committing the crime he was forced to discuss. (Kastigar v. ~, 40 L.W. 4550). It is too early to state exactly what overall effect the Burger Court will have on crime control, but I believe it is fair to predict that it will be more conservative -- more strict -- in construing the law than the Warren Court. - 4Other Changes Aside from the effect Supreme Court decisions have had upon crime control, several other changes in crime control have taken place over the years that are worthy of comment. There have been significant changes in methods and practices used by police. Some of these changes have been forced upon the police by Supreme Court decisions. For example, the requirement that a person taken into custody must be warned against selfincrimination and of his right to counsel before he is interrogated. Others, which I shall stress here, were primarily brought about by the police themselves. When I was an Assistant District Attorney the emphasis of the police was upon arrest -- upon detection of crime. Police relied primarily upon punishment to deter people from committing criminal acts. The gist of the thinking was that if a person thought he would get caught and put in jail for committing a crime, he probably would not do it. The role of police in society has changed markedly since then. Police have found that it takes more than police science -- such as fingerprinting, ballistics, etc. -- and technical police skill -- such as knowledge of the laws for which a person can be arrested, ability to handle firearms, competence in self-defense, knowledge of what to do when placing a suspect under arrest, etc. -- to prevent and detect crime effectively. Among other things they have found that training in community relatiol is important; that such training results in reducing hostilities between the police and the communities in which they operate; and that leads to greater community cooperation with the police which is helpful in both crime prevention and detection. The Brandeis University Center for the Study of Violence has cited better training in community relations as one reason for the decline in disorders over the past five years. Today, more and more police in the United States realize that to achieve optimum effectiveness, they must perform many tasks in addition to identifying and apprehending persons committing serious criminal offenses. Such other tasks include, for example, the protection of Constitutional guarantees such as the rights to speak and to assemble; participation either directly or in conjunction with other public and social agencies in the prevention of criminal and delinquent behavior; resolution of conflict between individuals or among groups of individuals; and assistance to citizens in need of help such as a person who is mental1 ill; the chronic alcoholic; or the drug addict. - 5 Since police must engage in a multitude of complicated tasks in order to be most effective in their jobs, it is generally agreed t~ they should be as broadly trained as possible. Some years ago, would have been considered unnecessary, and by some even a waste nt time, to train a police officer in such subjects as sociology, psychology, constitutional law, political science, English, Spanish, and public relations. Yet, today, these and other subjects -- which do not directly relate to basic police skills, but which better prepare an officer to perform his many responsibilities -- are considered highly appropriate in the education of a police officer. In the late 1960's there were enormous increases in crime. This led the Federal Government to acknowledge that it had a direct responsibility to help state and local governments combat crime. As a consequence, Congress passed the Omnibus Crime Control and Safe Streets Act of 1968 committing the Federal Government to provide substantial financial assistance to police and other state and local agencies in the criminal justice system. Well over a billion dollars has already been spent on this program. The program has had problems. For example, a common criticism is that too much of the money is spent to maintain the status quo. For instance, much of the Federal aid has gone for such traditional items as helicopters, weapons, and communications systems. It is felt that more should be spent experimenting with new crime reduction methods. Although the program may not be as effective as it should be, I think all would agree that it has -- to some extent at least -- had a positive impact on crime control. In 1965 President Johnson established a Commission on Law Enforcement and the Administration of Justice -- generally known as the Crime Commission. Among other things, the Commission recommended a shift from the use of prisons to community treatment of offenders as one of the means of reducing crime. The Commission reasoned that if a person, whose criminal conduct shows that he cannot manage his life, is locked up with others like himself, there will be an increase in his frustrations and anger, and that it will take away from him any responsibility for planning his life. Consequently, he is almost certain to be more dangerous when he gets out than when he went in. On the basis of that rationale, the Commission urged that only the very dangerous should be held in prison. It called for the development of halfway houses, programs to send offenders home under intensive supervision, special school and employment programs, and other forms of nonprison treatment. - 6 date, only two states, California and Massachusetts, have made substantial progress along the lines suggested by the Commission. A few other states are moving cautiously in the same direction, but on the whole, the Country has continued to place heavy emphasis on prisons. '10 As time goes on, however, I believe that more and more states will follow the leads of California and Massachusetts and the recommendations of the Crime Commission in this area. Some states will move in this direction out of a sense of humanity and a belief that such action will reduce crime. Others will move in this direction out offear of prison riots or for fiscal reasons. The programs suggested by the Crime Commission cost less than maintaining prisons, and in these years of the "fiscal squeeze", this may be enough to cause a state to seek ways to reduce its prison population and close prisons. For many years, even before I was an Assistant District Attorney, persons interested in criminal justice have been urging reorganization of and various changes in criminal courts in large cities so that they might cope more efficiently with the huge volumes of cases they have to handle. Many lower criminal courts in big cities look ~ore liKe fa~tories than halls of justice. Under such circumstances, whatever deterrence of crime the threat of penal sanctions might exercise is undermined as thousands of defendants go free or are permitted to plead guilty to lesser crimes than they have been charged with, not because they deserve such treatment, but because courts and prosecutors are too overwhelmed by their workload to give fair and just consideration to their cases. Cities have increased the number of courtrooms, judges, and prosecutors, but still have not been able to keep up with the ever growing volume of traffic in criminal cases. It is clear that something more than an increase in facilities and staff must be done in order to reduce this traffic. It is an area that needs bold, imaginative, and creative action. The Crime Commission recommended that most cases involving drunks, first offenders, persons in need of psychiatric treatment, and non-dangerous offenders should be handled outside the criminal system. It was also suggested by the Crime Commission that courts adopt modern administrative and business management methods that would avoid repeated appearances and continuances. I believe that the recommendations of the Crime Commission, and similar creative suggestions, must be adopted if there is to be meaningful reduction in the congested calendars that currently exist in the criminal courts of the major cities of this Nation. - 7 Conclusion I have spent a good deal of time today discussing certain changes that have occurred over the years relating to the prevention and detection of crime as well as to the punishment for crime, and the effect these changes have had upon crime control. On the whole, I believe the changes I discussed are encouraging as far as improvement in crime control is concerned. Recent statistics show that the war against crime is beginning to be won. There has been a net decrease in local crime rate in over onethird of the major cities in the United States. The national crime rate increase for 1971 is the lowest that it has been in the past six years. Convictions obtained against organized crime increased by 50% and indictments doubled between 1969 and 1971. Seizures of narcotics and dangerous drugs increased by over 400% between 1969 and 1972. I think that a great deal of improvement in crime control in this Country is due to President Nixon's anti-crime programs. I also believe that federal law enforcement grants totaling in excess of a billion dollars in the past three years have been of considerable help because they have enabled states and localities to better meet their responsibility of improving the criminal justice system. Of course, the war against crime has certainly not yet been won. More needs to be done. I believe that the crime rate in this Country could be substantially reduced if the economic and social conditions of nonwhites residing in major cities were vastly improved. Nonwhites are responsible for a substantial amount of the crime committed in the major cities of this Nation. In a society which continues to deny a nonwhite opportunity, and where he is forced to live in slums, and where his life has been reduced to little more than a struggle to survive, it is not amazing that such a person considers crime as his best route to a decent life. It is only when people have decent enough lives that they are unwilling to risk arrest and conviction by committing crime. The Crime Commission unanimously stated that it had "no doubt whatever that the most significant action that can be taken against crime is action designed to eliminate slums and ghettos, to improve education, to provide jobs, to make sure that every American is given the opportunities and freedoms that will enable him to assume his responsibilities". I realize that what I am suggesting is a long term project. It will require careful planning and will take substantial time and millions and millions of dollars. However, I believe it must be done if crime in this Country is to be reduced to the point where it is no longer a major problem and the streets of our cities are to be safe again. - 8 - In Washington, we speak of the order of priorities in spending money. In my judgment, I can think of no priority of greater importance because not only would such action dramatically reduce crime in this Country, but it would also result in millions of people becoming much more productive economically and much more responsible socially. A combination of these factors would be of great and lasting benefit to all the people of this Nation. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE ON DELIVERY - 10:00 A.M., EDT STATEMENT BY THE HONORABLE CHARLS E. WALKER ACTING SECRETARY OF THE TREASURY BEFORE THE HOUSE WAYS AND MEANS COMMITTEE JUNE 5, 1972 Mr. Chairman and Members of the Coromittee: On July 1, 1972, the $450 billion temporary debt ceiling will revert to the permanent ceiling of $400 billion. The debt subject to statutory limit stood at $429.2 billion on May 31 and will approximate $425 billion on July 1. In addition, we now expect the debt to rise to approximately $460 billion next February. (This figure assumes an operating cash balance of $6 billion.) Accordingly, in order to provide a margin for contingencies -- and in order to give the new Congress an opportunity to review the debt limit matter early in the next session -- we recommend that the teroporary ceiling be raised to $465 billion and extended to March 1, 1973. The Federal fiscal situation has improved significantly in recent months. The fiscal 1972 unified budget deficit is now expected to be about $26 billion -- almost $13 billion below the January estimate. This $13 billion decline reflects primarily a $9.2 billion increase in revenues -- largely because of higher individual income tax receipts -- and outlays some $3.6 billion below the January estimates. Almost two-thirds of this outlay shortfall results from the delay in enacting the President's proposed revenue-sharing measure, which would have added some $2.2 billion to fiscal 1972 expenditures. I might note in passing that about two-thirds of the expected $9.2 billion increase in individual income tax receipts constitutes withheld taxes, and largely reflects the overwithho1ding reSUlting from the Revenue Act of 1971. C-322 - 2 Lookinq ahead, to fiscal 1973, ~e now expect a unified budget deficit of $27 hillion, sowe SI.S billion above the January esti~ate of 525.5 billion. It is noteworthy that this $1.5 billion is some S700 rrillic'n less than the $2.2 billion in revenue-sharing functs which we ex~ect to be spent in fiscal 1973 rather than this year. Taken together, the 0eficits for fiscal years 1972 and 1973 are now expected to be about $11 billion less than anticipated last January. The figures that I have recounted -- along with those that Director Shultz will submit -- will actually materialize only if stern and continuous efforts are made to bring Federal spending under firm control. With deficits this year and next, the Federal budget will continue, appropriately, to stimulate an economy in which unemployment is too high and plant utilization too low. But over the sawe period, we can and must prove man is the master of the Federal budget -- that the spending restraint necessary to guard against the return of demand infla can be exercised. If we fail in this, we shall undo much of th' good work of recent years -- efforts which are moving us steadi towards our ultimate goal of high economic growth with low unemployment and stable prices. Let me direct my remaining remarks to two matters: some specifics on the debt limit problem; and some COIllments on the recurring calls for tax legislation which both this Committee and the Administration have heard in recent months. The size of the needed increase in the debt ceiling is determined not only by the deficit in the unified budget (which reflects transactions with general public), but also by the amount of Treasury debt held by the-Federal trust funds and other Government agencies. Since the trust funds are in substantial net surplus (that is, when transfers of Federal funds are added to receipts fro~ social security taxes and then balanced against outlays) and therefore acquiring Treasury securities, the necessary increase must exceed the size of the unified budget deficit. Table I shows our estimates of Federal debt subject to limitation by ~cnths through June 29, 1973. Assuroing a constant $6 billion cash balance, our peak calendar year 1972 level is $453.2 billion in December. In February 1973, the peak level rises to $460 billion. In proposing to this Committee that a new temporary debt ceiling of $465 billion be set for the period through February, 1973, we recognize that early 1973 will again be an appropriate - 3 - time for Congress to review the budget and debt limit situation against the background of actual experience in the first half of fiscal 1973 and in relation to the fiscal 1974 budget outlook. I am sure I need not belabor the need for Congressional action on the debt ceiling by June 30. The result of inaction on this matter would be a reversion to a debt ceiling some $25 billion below the level of the debt actually outstanding. This would create an extremely difficult situation for the Government in paying its bills and conducting its business. I therefore recommend prompt and favorable consideration of this request for a $465 billion temporary debt ceiling through February 1973. In the context of this review of our debt situation, I would again like to emphasize, as did Secretary Connally before this Committee last January, the importance of setting an effective limit on budget expenditures. The budget policy of this Administration continues to be as the President stated it in his Budget Message: "Except in emergency conditions, expenditures should not exceed the level at which the budget would be balanced under conditions of full employment." If we adhere to that objective, our deficits will shrink and disappear as the economy grows. We have proposed that the Congress enact a limit of $246.3 billion on expenditures for fiscal 1973 -- a ceiling which would be binding both on the Executive Branch and the Congress. If we are to gain control of budget expenditures, it will require a strong mutual effort by both the Executive Branch and the Congress. Achievement of that control is essential if we are not to undermine the progress which we have made against inflation and toward our other economic objectives both domestically and internationally. Mr. Chairm.an, I would also like to comment on our use of the authority to issue $10 billion of bonds without regard to the 4-1/4 percent interest rate limitation. We have now utilized the authority on four occasions to issue a total of $4.7 billion of bonds with original maturities of 10 to 15 years. On the first three occasions -- in August and November 1971 and February 1972 the new bonds were issued in exchange for maturing securities. In accordance with our agreement with this Committee we gave individuals the right to subscribe for cash for up to $10,000 face value of bonds. In these three offerings individuals subscribed for cash to $285 million of bonds. - 4 - The May 1972 operation was handled entirely as a cash offering with the new securities sold at auction. Tenders for up to $50,000 of bonds, however, were accepted on a noncompetitive basis at the average price, and there were $15 million of noncompetitive te~ders submitted by individuals. I should be happy, if the committee desires, to submit for the record copies of our announcements of these offerings and summaries of the results of these four financing operations. Mr. Chairman, on February 7 you wrote the President inquiring as to whether he intends to request major tax legislation this year. The President firmly believes that the Administration and the Congress should constantly strive to improve the tax structure, to increase its fairness, to ~ake it simpler to understand and administer, and to improve its effectiveness in furthering the economic ana sccial goals of the nation. The President intends to make recommendations to the Congress to this end at the appropriate time, and the Treasury will stand ready to devote its full resources to working with the Committee to achieve this goal, as it did in the major tax legislation enacted in 1969 and 1971. We do not believe, however, that it is appropriate to embark on such an extensive effort at this particular time and in connection with revision of the debt ceiling. The basic issues are deep and intricate, and the judgments that must be made require calm and deliberate reflection. In short, we firmly believe that the matter of further tax revision should be dealt with in the next Congress. TABLE I Estimated Public Debt Subject to Limitation Fiscal Year 1973 ( $ billions) With $6 cash balance 1972 : June 30 425.4 July 17 28 31 434.0 432.0 15 30 31 439.1 440.7;': 439.4 September 15 29 446.4)': 439.0 October 16 30 31 444.7 447.3 1; 441. 8 Novembe-r 15 29 30 448.9 451.5 1; 447.1 December 15 29 453.2 1': 449.7 IS 31 455.4* 449.4 February 15 27 28 458.4 460.0 1': 456.8 March 15 29 30 463.5 469.81': 465 . 8 April 16 30 473.21': 463.3 May 15 30 31 470.2 475.4 1': 371.8 June 15 29 477.9~: August 435.5~'~ 1973: January 1\ 464.8 peak 1e.vel of month June. 5. 1972 TABLE II Budget Receipts Outlays and Surplus or Deficit (-) by Fund ($ billions) Fiscal Year Actual: :Current Estimate 1971 1972 1973 , Receipts: 66.2 133.8 -11.6 73.2 147.1 -13 .3 152.6 -13.2 188.4 207.0 223.0 59.4 163.7 -11.6 67.0 179.3 72.8 -13 .3 190.4 -13.2 211.4 233.0 250.0 Trus t Funds . ".... "......... " ...... " ......... " ..... ".... "..... Federal Funds ... "........... "............ +6 . 8 -29.9 +6.2 -32.2 +10.8 Total unified budget.................. -2300 -26.0 -27.0 Fund s ....... "................................................... . Federal Funds "................. " ... ~ .... " ...................... . TLUS t Deduct: Intragovernmental receipts .•.....•. Total unified budget 83.6 Outlays: Trus t Funds ............ " ...... "...... "" .............................. . Federal Funds ............................. " .............. " .......... ". Deduct: Intragovernmental outlays .......•.• Total unified budget Budget surplus (+) or deficit (-): II Office of the Secretary of the Treasury Office of Tax Analysis ............. " .. .. .. • -37.8 May 26, 1972 TABLE III Unified Budget Receipts Outlays and Deficits (-) ($ billions) Fiscal Year 1972 :January :Change from : Current 1972 :January 1972: estimate :estimate: estimate Receipts .•.. 197.8 Outlays 236.6 Deficit (-). -38.8 +9.2 +12.8 Fiscal Year 1973 :January :Change fram : Current 1972 :January 1972: estimate :estimate: estimate 207.0 220.8 +2.2 223.0 233.0 246.3 +3,8 250.0 -26.0 -25.5 -1.6 -27.0 Office of the Secretary of the Treasury Office of Tax Analysis Note: Figures are rounded and may not necessarily add to totals. May 26, 1972 TA~LE - r IV Comparison of Fiscal Year 1972 Receipts -- as Estimated in January 1972 and Currently ($ billions) January:: Change from Janurtry 1972 Budget Cur' 1972 : : Economic and: Legis- . h : T l ' . .] . Ot er : ota .. estil b udget:: re-est~mate: .atlon: I 86.5 30.1 46.4 4.4 +6.4 +1.5 -0.1 +1. sll +7.9 +1.5 -0.1 -0.1 +0.1 +0.1 3. 15. -0.1 -0.1 5. :!iscellaneous receipts .....•.••••• 3.4 15.2 5.2 3.2 3.5 Total budget receipts ...•.•..•.. 197.8 +7.8 Individual income tax ...........•. Corporation income tax .••••.••..•. Employment taxes and contributions. Unemployment insurance ...•.•..••.• Contributions for other insurance and retirement .••......•..•.•••• Excise taxes •.•..•....•..•.•..••.. Estate and gift taxes ............ . Cus toms dut ies •.••.•.•••.••••.•••. ~ -0.1 94. 31. 46. 4. 3. 3. -0.1 +1.5 +9.2 207. Underlying Income Assumptions -- Calendar Year 1971 G~P ••••••••••••••••• 0 ••••••••••••• Personal income ..........••.•.••• Corporate profits before tax .•.... 1047 857 85 Office of the Secretary of the Treasury Office of Tax Analysis 11 Change in capital gains tax estimate. i\;otc: The figures are rounded and may not necessarily add to totals. May 26, 19 TABLE V Comparison of Fiscal Year 1973 Receipts -- as Estimated in January 1972 and Currently ($ billions) January:: Change fram January 1972 Budget Current 1972 ::Economic and:Legis-: h : T t l "estimate O l ' t er 0 a . bu dget :: re-estDnate: at1on: : +1.511 +1.6 ilividua1 income tax rporation income tax .•..•.••.••. ployment taxes and contributions. ~ployment insurance .•.•.•..••.• IItributions for other insurance 93.9 35.7 55.1 5.0 +0.1 +0.3 and retirement ................. . eise taxes ................ ,. ... ,.. 3.6 16.3 4.3 2.8 4.1 +0.1 +0.1 +0.1 +0.1 220.8 +0.6 tate and gift taxes •.••.•••••••• atoms duties ..................•. scellaneous receipts ...•.•....•. Total budget receipts •.••. 0 ••••• +0.3 +0.1 +0.1 95.5 36.0 55.2 5.0 +0.1 +1.5 +2.2 3.7 16.3 4.3 2.9 4.1 223.0 Underlying Income Assumptions -- Calendar Year 1972 p .................. raona! incmne .................• 0 ,. •••••••••••• rporate profits before tax •••••• 1145 924 99 fice of the Secretary of the Treasury Office of Tax Analys is Change in capital gains tax estimate. te: The figures are rounded and may not necessarily add to totals. 1145 924 99 May 25, 1972 TABLE VI Unified Budget Receipts Estimated Receipts, Fiscal Years 1972 and 1973, January 1972 Budget and Current Estimate ($ bi 11ions) Fiscal Year 1972 :: Fiscal Year 1973 Total recei ts :Increase (+) or decrease (-):: Total recei ts Increase (+) or decrease (-) :-____-::_p_ _~ Current estimate over :: p Current estimate oVer January: Current: January estimate :: January: Current: January budget Other budget :estimate: Total :Legislation: Other:~ budget :~~timate: Total :Legislation: Individual income tax: Gross: Wi thhe Id ...............•.......•.••.•.••••..••..••.••••••• Other than wi thhe Id ..•....••.....••••.••••••••.••••••••••. Tota 1 gross . . . . . . ~ ...................................................................... .. Less: Refunds ••..•.•.•..••.•.••••.•••.•••.••.••.•..•.•.•..•. Net individual income tax ............................. .. Corpora tion income tax ......•.••.......•..•.•....•..••••...•.• Employment taxes and contributions .•.••...••..•.••.•.••.•..•.. Unemployment insurance •....•..•.•.....•.•.........•..••.•.•••• Contributions for other insurance and retirement ......•.•••••• Exe ise taxes ................................................................................................ .. Estate and gift taxes •.•..•.••.•.••.••.••.•.•••••••••••••••••• Customs duties ......................................................................................... .. Miscellaneous receipts ........................................................................ . tota 1 receipts ••.••..•.••.••••••••••••••••••••••••••••.•..•• 76.2 24.8 101.0 82.5 25.8 108.3 ~ ..1.L.2. 86.5 30.1 46.4 4.4 3.4 15.2 5.2 3.2 -..2..:2. 197.8 94.4 31.6 46.3 4.3 3.5 15.2 5.1 3.2 3.5 207.0 +6.3 +1.0 +7.3 -M +7.9 +1.5 -0.1 -0.1 +0.1 -0.1 +0.1 * ·0.1 -0.1 * * +D 11 Effect of delaying of increase in wage base from $9,000 to $10,200 paat June 10, 1972. Note: Figures are rounded and may not add to totals. -0.1 * Office of the Secretary of the Treasury Office of Tax Analysis *Less than $50 million. +6.3 +1.0 +7.3 -0.6 +7.. 9 +1.5 -0:1 .* +9.3 84.3 26.6 110.9 ...!LQ 93.9 35.7 55.1 5.0 3.6 16.3 4.3 '2.8 ~ 220.8 94.8 24.9 119.7 ...lid 95.5 36.0 55.2 5.0 3.7 16.3 4.3 2.9 4.1223.0 +10.5 -1.7 +8.8 +7.2 +1.6 +0.3 +0.1 +10.5 -1. 7 +8.8 +L1. +1.6 +0.3 +0.1 11 +0.1 +0.1 i'O .1 +0.1 +2:2 +0.1 May 26, l.972 +D The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 TENTION: FINANCIAL EDITOR R RELEASE 6:30 P.M. June 5, 1972 RESULTS OF TREASURY'S WEEKLY BILL OFFERING '!he Treasury Department announced that the tenders for two series of Treasury 11s, one series to be an additional issue of the bills dated March 9, 1972 ,and eother series to be dated June 8, 1972 ,which were offered on May 30,1972, re opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000, ,~ereabouts, of 91-d~v bills and for $1,800,000,000, or thereabouts, of 182-day Us. The details of the two series are as follows: mE OF ACCEPTED KPETITIVE BIDS: High Low Average 91-d~ Treasury bills maturing September 7, 1972 Approx. Equiv. Price Annual Rate 99.030 99.015 99.024 3.837% 3.897% 3.861% 182-d~ Treasury bills maturing December 7, 1972 Approx. Equiv. Price Annual Rate 97.863 97.843 97.855 4.227% 4.267% 4.243% 68% of the amount of 91-day bills bid for at the low price was accepted 9% of the amount of 182-day bills bid for at the low price was accepted W. TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: )istrict !os ton lew York Mladelphia :leveland /i~nd ~tlanta hie ago :t. LoUis linneapolis ~sas City ~as ill Francisco TOTALS AEElied For $ 15,330,000 2,492,660,000 31,835,000 12,725,000 3,770,000 24,695 ,000 195,585,000 25,450,000 25,740,000 24,735 ,000 30,720,000 467,210,000 AcceEted $ 2,030,000 1,272 ,140 ,000 9,035,000 11,325,000 3,770,000 9,170,000 72,785,000 17,540,000 15,740,000 12,485,000 7,720,000 ?£ 5 , 300 ,000 $ 3,661,780,000 $ 2,300,875,000 ~ $ 3,350,455,000 $ 1,800,040,000 AcceEted AEElied For $ 20,690,000 $ 10,675,000 1,972,480,000 3,083,130,000 13,245,000 13,245,000 31,095,000 31,095 ,000 7,150,000 7,150,000 14,625,000 28,930,000 157,725,000 252,695 ,000 28,395,000 37,395 ,000 18,180,000 25,500,000 15,745,000 30,230,000 13,310,000 33,950,000 18,250,000 97,770 ,000 EJ ~elUdes $166,195,000 noncompetitive tenders accepted at the average price of 99.024 ~clUdes $ 89,825,000 noncompetitive tenders accepted at the average price of 97.855 ~ese rates are on a bank discount basis. 'lhe equivalent coupon issue yields are 95 %for the 91-day bills, and 4. 4~ for the 182 -day bills. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 'OR IMMEDIATE RELEASE June 6, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of $4,100,000,000, or thereabouts, for cash and in exchange for Treas.ury bills maturing June 15, 1972, in the amount of $4,206,215,000, as follows: 91 -day bills (to maturity date) to be issued June 15, 1972, in the amount of $2,300,000,000, or thereabouts, representing an additional amount of bills dated March 16, 1972, and to mature ;eptember 14, 1972 (CUSIP No. 912793 PC4) ,originally issued in the amount of $1,800,670,000, the additional and origiLlal 'bills to be freely interchangeable. 182- day bills, for $ 1,800,000,000, or thereabouts, to be dated June 15, 1972, and to mature December 14, 1972 (CUSIP No. 912793 PQ3). The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at matudty their face amount will be payable without interest. They will be issued in bearer form onl.'J. and in denominations of $10,000, $15,000, $50,000, $100,000, ~~OG,OOO and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches ~p to the cloSing h;)ur, one-thirty p. m., Eastern Day1ig-ht Saving time, Monday, June 12, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must be for a minimum'of $10,000. Tenders over $10,000 must be in multip'les of $5,000. In the case of competitive tenders the pr-ice offered must be ~pressed on the basis of 100, with not mor2 than three decimals, e·g.,99.925. Fractions may not be used. It is urged that tender-s be made On the pr-inted forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions gener-ally may submit tenders for account of CUstomers provided the names of the customers ar-e set forth in such tenders. at he rs than banking ins t i tut ions wi 11 not be pe rmi tted to - 2 submit tenders except for their own account. Tenders will be received without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders wi.ll be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or re;ect any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimals) of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on June 15, 1972, in cash or other immediately available funds or in a like face amount of Treasury bills m.'3.turing June 15, 1972. Cash and exchange tenders will receive equal treatment. Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills. Sections 454 (b) and 1221 (5) of the Internal Revenue CoJe of 1954 the amount of aiscount at which bills issued hereunder are sold is cor,s~derC'd ::0 [lccr'Je wben the bills are sold, redeemed or otherwise disposed of, ,'nd the bills are excluded from consideration as capital assets. Acccr.Jingly, the o,mer Treasury bills (other than life insurance comp30ies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price paid for the bills, whEther on original issue or on subsequent purchase, and the amount act'Jally received eithel" upon sale or redemption at maturity during the trtx~ble year for which the return is made. ~nrl2r Treasury Department Cilc~!ar No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained from any Federal Reserve Bank or Branch. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 6, 1972 TREASURY ANNOUNCED ACTIONS ON FOUR INVESTIGATIONS UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Eugene T. Rossides announced today Treasury's actions with respect to four investigations under the Antidumping Act of 1921, as amended. In the first case there is a final determination of sales at less than fair value; in the second case, the Treasury is withholding appraisement pending completion of its investigation; and in the third and fourth cases, antidumping investigations are being initiated. The decisions are being published in the Federal Registers of June 7 and 8, 1972. In the first case, Assistant Secretary Rossides announced that instant potato granules from Canada are being, or are likely to be, sold at less than fair value within the meaning of the Antidumping Act of 1921, as amended. The case will now be referred to the Tariff Commission for a determination as to whether an American industry is being, or is likely to be, injured. In the event of an affirmative injury determination, dumping duties will be assessed on all entries of instant potato granules from Canada which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement" was issued on March 4, 1972, which stated that there was reasonable cause to believe or suspect that there were sales at less than fair value. Pursuant to this notice, interested parties were afforded the opportunity to present oral and written views prior to the final determination in this case. During the period from April 1971 through March 1972, imports of instant potato granules from Canada were valued at approximately $1.1 million. (OVER) - 2 In the second case, the Treasury announced that the Bureau of Customs is instructing Customs field officers to withhold appraisement of base metal parts for incandescent illuminating articles, suitable for residential use, from Canada pending a determination as to whether this merchandise is being sold at less than fair value. Under the Antidumping Act, the Secretary of the Treasury is required to withhold appraisement whenever he has reasonable cause to believe or suspect that sales at less than fair value may be taking place. A final Treasury decision in this investigation will be made within 3 months. If a determination of sales at less than fair value were made in this investigation, the case would then be referred to the Tariff Commission, which would consider whether an American industry is being injured. Both dumping margins and injury must be shown to justify a finding of dumping under the law. During the period from January 1971 through December 1971, imports of base metal parts for incandescent illuminating articles, suitable for residential use, from Canada were valued at approximately $165,000. In the third case, the Department announced the initiation of an antidumping investigation of imports of permanent magnets of alnico or ceramic material from Japan. Permanent magnets are used principally in communications equipment, motors, and generators, and to a lesser extent in holding and lifting applications, recording and measuring meters, and ore separating equipment. This announcement followed a summary investigation conducted by the Bureau of Customs after receipt of a complaint alleging that dumping was taking place in the United States. The total value of permanent magnets of alnico or ceramic material imported from Japan during the period from January 1971 through February 1972 amounted to approximately $2.4 million. In the fourth case, Mr. Rossides announced the initiation of an antidumping investigation of imports of slide fasteners and parts of slide fasteners from Japan. Slide fasteners are commonly known as zippers and are primarily used in wearing apparel. As in the third case, this announcement followed a summary investigation conducted by the Bureau of Customs after receipt of a complaint alleging that dumping was taking place in the United States. The total value slide fasteners and parts of slide fasteners imported from Japan during the period from April 1971 through March 1972 amounted to approximately $7.8 million. 0= 000 The Deportment of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 6, 1972 TREASURY DEPARTMENT AMENDS TWO COUNTERVAILING DUTY PROCEEDING NOTICES AND A NOTICE SOLICITING VIEWS ON SALES BELOW COST OF PRODUCTION UNDER THE ANTIDUMPING ACT. Assistant Secretary of the Treasury Eugene T. Rossides announced today amendments to two countervailing duty proceedings and one solicitation of views affecting the administration of the Antidumping Act. In both countervailing duty proceeding amendments there is an extension of the time period in which written submissions of relevant data, views or arguments must be received by the Commissioner of Customs; and in one, the scope of the notice is also expanded. In the amendment to the notice soliciting views on the question concerning sales below cost of production in fair value calculations under the Antidumping Act, the time for submissions is also extended. These amendments will be published in the Federal Register of June 8, 1972. The first amendment is to the "Notice of Countervailing Duty Proceedings" published in the Federal Register of May 19, 1972, with respect to certain electronic products from Japan. This notice is amended to apply to the following parts of television receivers: color television picture tubes, resistors, transformers (deflection components), and tuners for receivers with.integrated circuits. In addition, the amendment also extends the time for submission of views with respect to the existence or nonexistence of a bounty or grant . from 30 to 60 days. The second amendment is to the "Notice of Countervailing Duty Proceedings" published in the Federal Register of May 12, 1972, with respect to X-radial steel belted tires from MiChelin Tire Manufacturing Company, Ltd., Canada. This amendment also extends the time for submission of views with respect to the existence or nonexistence of a bounty or grant from 30 to 60 days. (OVER) - 2 - The third amendment is to the notice published in the Federal Register of May 5, 1972, soliciting views on a question concerning the extent to which price information relating to sales below cost of production may be used in determining "fair value" within the meaning of the Antidumping Act, 1921, as amended. This amendment extends the time for submission in writing of all relevant data, views or arguments to the Commissioner of Customs from 30 to 60 days. 000 UNITED STATES SAVINGS BONDS ISSUED AND REDEEMED THROUGH May 31, .1972 (Dollar amounts in millions - rounded and will not necessarily add to total.) -\ATURED DESCRIPTION AMOUNT ISSUEDY AMOUNT REDEEMEDY AMOUNT OUTSTANDINGl/ '70 OUTSTANDING OF AMOUNT ISSUED 5,003 29,521 3,754 4,998 29,495 3,744 5 25 10 00.10 00.08 1,911 8,434 13,560 15,820 12,455 5,672 5,400 5,596 5,547 4,864 4,207 4,408 5,041 5,141 5,358 5,18:] 4,886 4,774 4,479 4,503 4,584 4,452 4,993 4,862 4,732 5,105 5,056 4,799 4,508 4,709 5,397 1,703 255 1,720 7,583 12,222 14,191 II ,019 4,859 4,491 4,576 4,459 3,858 3,336 3,471 3,893 3,914 4,036 3,867 3,596 3,416 3,165 3,084 3,Oll 2,831 2,976 2,890 2,802 2,899 2,831 2,626 2,314 2,049 1,625 113 3J6 191 851 1,338 1,630 1,436 813 1,020 1,037 1,006 871 938 1,148 1,227 1,322 1,312 1,290 1,358 1,314 1,420 1,573 1,621 2,016 1,972 1,930 2,206 2,224 2,173 2,194 2,661 3,773 1,589 -51 9.99 10.09 9.87 10.30 11. 53 14.33 16.83 18.23 19.60 20.68 20.7'..' 21.28 22.77 23.87 24.67 25.33 26.40 28.45 29.34 31. 53 34.32 36.41 40.38 40. 5~ 40.79 43.;:1 43.99 45.28 48.67 56.51 70.14 93.31 182,392 134.,031 48,361 26.51 5,485 8,407 3,873 2,723 1,612 5,685 29.39 67.62 13,893 6,596 7,297 52.52 Total Series E and H 196,284 140,627 55,658 28.36 { Total matured All Series Total unmatured _ Grand Total 38,277 196,28.4234,562 33,238 140,627 178,864 40 55,658 55,697 on.lO 28.36 23.75 series A-1935 thru D-1941 series F and G-1941 thru 1952 series J and K-1952 thru 1957 0~.27 IHMATURED Series ElI : 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 Unclassified TGtal Series E Series H (1952 thru May. 1959)11 H (June, 1959 thru 1972) Total Series H "'e/IId., accrued discount. ledelltptlon va lue. AloptlO/l 01 owner bond, . . . . . . I-.U . . . c.r.ftI 9~9 ~_ izILtlreat lor additional periods slter ori~insl maturity dateo, (Rev.F.b.1972) -Dept. of the Treasurv-Bureau of the Publ,C' Debt Form PD 3812 --- The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 8, 1972 TREASURY ANNOUNCES ACTIONS ON TWO INVESTIGATIONS UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Eugene T. Rossides announced today Treasury's actions with respect to two investigations under the Antidumping Act of 1921, as amended. In one case there is a finding of dumping, and in the other case the antidumping investigation is being discontinued. Both decisions will be published in the Federal Register of June 9, 1972. In the first case, the Treasury issued a dumping finding with respect to fish netting of manmade fiber from Japan. On January 18, 1972, the Treasury Department advised the Tariff Commission that both fish netting and nets of manmade fibers from Japan were being sold at less than fair value within the meaning of the Antidumping Act. On April 18, 1972, the Tariff Commission found injury with respect to imports of fish netting of manmade fibers, but no injury with respect to imports of fish nets. The dumping finding on fish netting automatically follows as the final administrative requirement in antidumping investigations where there have been determinations of sales at less than fair value and injury. Dumping duties will be assessed on imports of fish netting which have not been appraised and on which dumping margins are found to exist, but no dumping duties will be assessed on imports of fish nets. During the period from January 1970 through January 1972, imports of fish netting of manmade fibers from Japan were valued at approximately $2.7 million. In the second case, the Department announced a discontinuance of its antidumping investigation of fur felt hat bodies from Czechoslovakia. On April 19, 1972, a six-month "Withholding of Appraisement Notice" was published in the Federal Register which stated that there were reasonable grounds to believe or suspect there were sales at less than fair value. This notice (OVER) -2- also indicated that interested persons could make written submissions or request an opportunity to present their views orally at the Treasury Department. Subsequent information submitted in writing and orally indicated changes in circumstances on the basis of which it is no longer appropriate to continue the investigation. In addition, a letter was received from interested persons confirming these changes in circumstance and requesting the investigation be terminated. During calendar year 1971, imports of fur felt hat bodies from Czechoslovakia were valued at roughly $140,000. 000 THE DEPARTMENT OF THE TREASURY PRESS CONFERENCE OF HONORABLE PAUL A VOLCKER, 0 UNDER SECRETARY FOR MONETARY AFFAIRS AND HONORABLE JOHN N. IRWIN, II, UNDER SECRETARY OF STATE BEFORE MEMBERS OF THE PRESS AT THE CONCLUSION OF THE MINISTERIAL MEETING OF THE OECD Paris, France MAY 26, 1972 (This transcript was prepared from a tape recording.) MR. WEBER: Ladies, and gentlemen, we are on the record. I would like to introduce at this time Under Secretary of State John Irwin and Under Secretary for Monetary Affairs of the U.S. Treasury Paul Volcker. I would ask, please, that before you ask questions, you raise your hand so that we can be sure that you have activated the microphone for purposes of translation. I would also perhaps make the announcement at this time, I have been asked to inform you that at the conclusion of th~ press c0nference, the Australians will have a press conference here in this same room. I am informed that we have no opening statement, so we can go directly to questions, if you would, please. QUESTION: Mr. Vo1cker, the final communique as regards the essential element of linkage of monetary and trade states :1 ministers exchanged views on the issues arising in the areas of trade and international monetary reform and recognized that some important issues arise from their interrelationship." As far as I can tell, this is the only sentence in the entire communique which deals with this, and my question is: what advance does this amount to on the Smithsonian communique of December? - 2 - MR. VOLCKER: I think this is an area where there has been some continuing concern, perhaps lack of understanding. We have been pressing this point fairly continuously, as you know. here. We do think there are inherent interrelationships We feel that at this meeting, again, the point was accepted in the principle that these interrelationships exist, they cannot be ignored, they are an inherent part of the process of monetary negotiation. Now, at the time of the Smithsonian agreement, our point was essentially the same, but it was put perhaps then in a shorter term context. It was interpreted by some in a somewhat shorter term context and in a rather specific context that isn't relevant today. At that time we were launching some very specific trade negotiations, some short-term trade negotiations with the Cornmon Market, with Japan, with Canada. They were uppermost in mind. In terms of this partLcular organization and the general problem of international monetary reform, we are thinking in terms of what you might call more structural linkages --- thE rules of the game, the general codes of conduct which an inherently part of the monetary arrangements of L1e world, and will be part of the new monetary arrangemen ts of the world. Complementary to those arrangements, in our view, are certain codes of conduct, rules of the game for the trad world. That is the basic point we were trying to make, and that this is an area in which this organization has some - 3 - particular competence. And I think that point was basically accepted, and we were glad to see it accepted. QUESTION: It does, if I may, seem to fall short of the objectives that you outlined in your speech to the OECD. MR. VOLCKER: Well, I think you have to look at that in two parts, sir. In terms of the principle, the substance of the issue, I was well satisfied with the discussion here. I think there was more understanding of the issue, more understanding of the interrelationships and their relevance than perhaps have been apparent earlier. Now, in terms of particular mecladsms, how well the DEeD in its present structure is equipped to handle these questions is a related but somewhat different matter. We had felt it wise to perhaps think in terms of some institutional changes along the lines that the Secretary General had proposed as facilitating (Laughter.) QUESTION: He had assured us he had made no proposals. MR. VOLCKER: MR. IRWIN: He made no proposals? I thought he said he made no proposals outside the institutional framework. (LAUGHTER) MR. VOLCKER: Well, I wasn't listening to Mr. van Lennep. QUESTION: Nor were we. MR. VOLCKER: But there was some suggestion. I think - 4 it is fair to say that that suggestion was never in indelible ink, in a sense. QUESTION: There was not a -It certainly wasn't. It was invisible ink. (Laughter) MR. VOLCKER: Well, I don't know what -- I am not in on the in jokes. There was certain consideration of some adaptation of a rather more or less specific type. des irable. We thought it might be We thought this organization should ps rt:eipate fully, and not just for the sake of this organization -- we are looking at this in the wider framework of facilitating the negotiations as a whole, and we think that this organization can help to facilitate the negotiations as a whole. Some changes might have been useful. Now, there was a general feeling around the table that we should utilize the existing organs - which certainly we have no problem with, we always contemplated the existing organs would be used -- and provide some opportunity to adapt or improve those organs, but stop somewhat short of the proposal that was made. We would have preferred it the other way, frankly, because we think it would have facilitated the whole negotition. There was some resistance to it. QUESTION: Who backed you, sir? - 5 - MR. VOLCKER: There were some countries that did. There is another group of countries that tend to react in a somewhat more coordinated way than other countries, as you kno~7 . QUESTION: Was this meeting, from your view, from the institutional side, a failure in terms of actual progress towards real negotiations and real talk on monetary refo rm and trade liberalization? MR. VOLCKER: I would by no means term it as a failure. We would have liked to see more progress in the institutional direction because, as I suggested) I think it would have facilitated the negotiation most broadly. Now, I am looking outside of this organization into the whole of the monetary and trading problem, and we were concerned that this institution play its full role. We hope it still can. The choice was made not to adopt at least one form of institutional arrangement that, in our judgment, would have facilitated and speeded this progress. There was perhaps some feeling that -- well, I ought to let you draw your own conclusions, I guess, but we were hoping to facilitate the progress as a whole. MR. IRWIN: You referred to negotiations, and perhaps it would be clarifying to point out that there was no discussion within the group or no proposal by the United States that this was a group for negotiation purposes. It was purely - 6 - for discussion and the negotiations will take place in the GATT and the IMF, and I just speak to be clear that when you use the word "negotiations" Bnd we answer, we are not aSsunii that that implies MR. VOLCKER: No, it is quite clear, and I assume that we are all -- just to clarify this further -- that we certainly hope and expect that presumably a group of twenty will be set up under the auspices of the Fund, and this will be the formal negotiating group, in a sense, and tha t specif trade negotiations will certainly we hope go ahead in the GATT framework. The question was whether it is useful in this organization, with its particular competence, whether t~ it didn't have a particular role to play in facilitating discussion-consultation process which could indeed make a major contribution to the constitutional negotiating body. QUESTION: Woulc it be possible to have details about the institutional arrangements of which you have spoken? MR. VOLCKER: I am not sure how to answer that questior You are familiar with the general institutional setup of thE OECD, and there are various bodies within the DEeD that wi!: certainly have a part to play in this process; Working part 3, the Trade Committee, the Executive Committee, I think be adapted in some sense to this purpose, and ther.~ Cal is room for adapting and improving these mechanisms that do exist, and I think that is good. - 7 QUESTION: Mr. Volcker, what has gone wrong here? The United States -- you, as a representative of the United States, yesterday made a very specific suggestion. From what we can gather, from Mr. van Lennep, no one else, not even himself, in whose name the suggestion was said to have been made, wants to claim any kinship with it. you ascribe this lack of enthusiasm? change their minds in the past weeks? To what do Did certain countries Do you feel there wasn't enough leg work done, not necessarily simply by you and your services, but perhaps by the American embassies abroad in canvassing the idea? We are faced ''lith a rather extraordinary situation in which the United States makes a proposition and, from what we can gather, not a single voice was r~d in support, ~ncluding the rather unusual situation in which Mr. van Lennep, during forty-fiNe minutes, pretended that he had nothing to do with it. I am sorry to talk about Mr. van Lennep in such terms but had you been here, even you would have been amused by the senatti..c gymnastics. MR. VOLCKER: Well, I was not here, but I -- first of all, if there was a proposal around looking for paternity, we don't want any orphans, whether it was our proposal or not. We thought it would be useful to have a focus for the discussion. There is no question about that, and I don't think we were alone in that view. There may have been - 8 - some shifts on the part of some other countries recently, but we certainly were not alone in that view. Now, there was a considerable number of countries, for one reason or another, that decided they didn't want b approach it in quite that way. question, what went wrong? not accepted. a~ That particular proposal was But in general I think quite a bit went rig about this meeting. I But the introduction to you I have been reading a lot in the pres not sure the press that would be necessarily written by you gentlemen -- in terms of the conflict about whether trade was related to monetary, and whether there was any agreement or consensus on that. I think it is clear from this meeting there is a consensus, an agreement, and a recognition of the relationship of these issues. I would not say anything went wrong in that sense. Now, I freely say that perhaps some modification of institutional arrangements, in our opinion, would have facilitated the total resolution of the problems before world. t~ Now, why that was resisted by others isn't altoget clear to me. QUESTION: You spoke of a proposal, but what was it? MR. VOLCKER: and the proposal I can't tell you all that specifically, ~vas not imbedded in concrete in any senSE There had been some discussion within this organization 0' recent weeks of adapting and modifying essentially the Executive Committee to deal particularly with the linkage! - 9 - to which we referred. But even that proposal contemplated, it was always contemplated that the existing organs of the institution would be fully used. The only open question, in a sense, was whether there was an appropriate focus for looking at the monetary, balance of payments, trade, investment problems, together, where they overlapped. Now, there is a recognition that they overlap. The question was whether the institutional arrangement fully recognized the substantive overlap. There is no question that the existing framework of the organization was adequate to deal with each of the component problems. The decision was simply made that these horizontal questions, the overlap questions, didn't necessarily require any specific new inst~ ment in the institution. QUESTION: Mr. Volcker, you said that the fact that these modifications were not accepted means possibly that there will not -- to put it another way, that they would have speeded progress had these modifications been accepted, and would have facilitated things. Could you be more specific on that point in that -- does that mean, to look at it in the reverse, that there will be very little progress now on the whole question of monetary reform because these institutions the changes have not been accepted? MR. VOLCKER: Oh, I certainly wouldn't go that far. - 10 We felt that we were making suggestions, supporting a point of vtew that would facilitate it. I suppose I have to con- clude from the fact that a somewhat different judgment was made, that we think things might go somewhat slower than they otherwise would have. saying. It is a reverse of what I am But this institution, I still think has a contribu- tion to be made, a little more cumbersome approach, perhaps, in some respects, although there was never any doubt that the existing organs themselves had a very considerable contribution to make. MR. IRWIN: But it may not. The Secretary General oelieves that he can facilitate and move along under the present proposals, as well as perhaps he could have in other ways, and so it is a difference of judgment, and one of degree, and it mayor may not turn out to be correct. QUESTION: Could I just ask a supplementary question. We were informed by very high sources that the International Monetary Fund Managing Director had submitted a memorandum on this question of a mandate for the Group of Twenty. Now, I realize that the Group of Twenty did not come up here in meeting directly, but nevertheless it is related, and in thi memorandum there was a relationship to these questions that have been talked about at this ministerial meeting, namely, the relationship between trade and monetary matters, and that one delegation has requested that there be an amendment to this memorandum that was submitted by the Managing Direct - 11 - of the International Monetary Fund saying that there must not be a relationship between trade and monetary issues. So in other words, it looks as if we are going to get -- the question is: are we going to get the same type of discussion in a different forum as we had here? MR. VOLCKER: Well, let me you are telling me news. But I am somewhat familiar with a draft mandate for the Group of Twenty. I have been rather active in that area and I would say, based upon meetings that I have had recently, both in Europe and to the north of the United States, and in the United States with a number of countries, with a sizable number of important countries, the portions of that draft mandate to which I presume you were referring met with no resistance whatsoever. Now, you are suggesting that one country may at this point be entering a reservation. personal knowledge. Now, I know that of no I do know that people that I have talked to, covering representatives of this continent, the North American Continent, and the Asian Continent that that draft mandate has very wide suppOlrt. ~ESTION: Today, Mr. Volcker, at the end of the meeting, Valery Giscard d'Estaing, the French Finance Minister, said he, his country had reservations, they tend to MEMBER OF THE PRESS: He didn't say that. - 12 QUESTION: He said they were making amendments, and they did not want the mandate to be paralyzing -- what was the other word? Paralyzing. MR. VOLCKER: d'Estaing said. Well, I don't know what Mr. Giscard I have not seen any reservation and am obviously unable to comment on it. This is the first I have heard of any reservations on that approach. QUESTION: Mr. Vo1cker, may I ask, in connection again with this rather limp communique that we have been handed, it falls considerably short of establishing linkage between these two elements and one of the key decisions of the meeting quite obviously was the decision of the Ministers to instruct the Secretary General to set up machinery or to try to set up machinery if he felt that the existing situation was inadequate. MR. VOLCKER: QUESTION: Precisely. Why were you unable to get a communique that was more precise and a little more definitive on these two key points? We were told by the President that, since this was incorporated in the minutes, they were binding on the council. Was that the reason why - 13 - MR. VOLCKER: Well, there is rather precise minute, yes. QUESTION: Well, a public ~ommunique tends to be a more binding public commitment than a private memorandum that is basically an organizational matter and an internal bureaucratic matter. The question -- the puzzle of the meeting still remains the gap between expectations and hopes and the outcome. MR. VOLCKER: Well, there is one aspect of the meeting that puzzles me, but I think in concept the point that we were making was 3ccepted. QUESTION: What more can I say? Why wasn't it accepted in the public com- munique? MR. VOLCKER: The machinery decision was not quite the way that we would have had it, and there was some resistance which I think in my judgment will not facilitate progress, but I wouldn't blow it up too much either. QUESTION: I understand, but still even such dynamism as there was about the decisions were not incorporated in the communique. - 14 MR. IRWIN: Well, you do have a prec~se sentence which says that important issues arise from the interrelationship. Are you saying that that should have been repeated in a different paragraph in different ways? QUESTION: Well, first of all, it says important issues Well, they aren't all important. MR. IRWIN: QUESTION: -- which is always a useful qualifier. And the second thing is the decision or the ability of the Secretary General to try to change the machinery was not incorporated in the communique. MR. VOLCKER: Well, it is incorporated in the minute, I don't think that is significant. But the point is, in substance, I think we can proceed in good faith in recognition that the countries around that table and I should sa: one of the results of the UNCTAD meeting was the countries around the world, in a very clear resolution there, recognized the linkages between trade and monetary issues, and I assure you, gentlemen, there has been some resistance to that idea. It seems to me that is accepted or reaffirmed, if you will, in concept. achievement. I consider that a substantial - 15 QUESTION: Mr. Volcker, there were some views expressed here at the meeting that the currency realignment and the fact that most DECD nations are now following an expansionary policy, will in fact resolve the U.s. balance of payments difficulties and that they will go away. Do you share this view? MR. VDLCKER: problem as that. No, I don't think we have as simple a I would say our problems at the moment are somewhat aggravated by the fact that the American economy is now expanding quite strongly, where some other economies, either in Europe or Japan, are still in a phase of more sluggishness. We are out of cyclical phasing and that, on top of the initial perverse effects of the exchange rate realignment, contribute to the statistical extent of our balance of payments problem now; that as this cyclical phasing is straightened out, so to speak, that will be of some assistance When Japan expands more strongly, as they have taken measures recently to do, that will be of some help. When some European countries expand more rapidly, it will certainly be of assistance. But you may have gathered from all we have been saying that we think we have a serious balance of payments problem and it is going to take a lot of effort on a lot of fronts - 16 over a period of time to deal with effectively, and we are preoccupied with that problem, quite frankly, because when one talks about monetary reform and monetary stability and the stability of the dollar, in the end that comes back and rests on our balance of payments performance. That is the single most important contribution we can make and the world can make to international monetary stability. So it is a problem that preoccupies us, concerns us, and we mean to deal with that problem by every instrument that we can. OUESTION: Mr. Volcker, in the past months, the United States has been accused of dragging its feet about suggesting ways of getting things going about these future negotiations. In light of the very slim pickings in the last three days, would you care to comment on whose feet you believe we are going in which direction? MR. VOLCKER: I am somewhat aware of the accusation to which you refer, which I never felt had any substance, and if that has been clarified cation. q bit, I appreciate the clarifi- But I wouldn't want to comment on the other side of the equation. - 17 QUESTION: Sir, in talking about linkage, I understand that a lot of people who were here accept the idea that of course there is linkage as an economic concept between monetary and trade affairs, that they feel that the United States was trying to establish a linkage between progress in negotiations in one field with progress in negotiations in the other, and that what they were resisting was being held up in, say, trade negotiations, because things weren't going the way the U.S. wanted them to, in monetary negotiations or vice VE:rsa. MR. VOLCKEK! confusion on this Could you comment on that? Well, there has been a great deal of ~ore, I think unfortunately, and I think this can only be approached by considering trade negotiations in two different senses. There is a division that comes to people's mind in terms of the word trade negotiations, as often particular tariff actions, quotas, government restraints, particular actions that affect trade. Now, we are concerned with trade negotiations and we are deeply concerned with trade negotiations. That was done in some respects on a short-term basis back in December, January. But on a larger scale we look forward to that next year, essentially in the framework of GATT. portant component of the problem. in the GATT arena primarily. It is an im- But that is negotiated - 18 Now, what we were concerned about, the aspect we were concerned about here, in terms of the contribution of this organization, is what I term the structural aspects of trade, the structural aspects of the monetary syatem. What are the rules, what are the appropriate rules [or preferences, for instance? GATT has a provis~on or two on this, but it obviously wasn't written for today's world, with the Common Market as large as it is, and with the amount of preferences that it has. That rule has to be looked at and modernized. What do you do about the balance of payments adjustment process? What contribution do trade measures, trade rules make there? In some cases you have a choice between moneta1 actions and trade actions, and somehow that choice has to be resolved and appropriate criteria and understandings reached. It is that kind of intrinsic structural linkage that is peculiar to the problem that we were discussing here. Now the other negotiations are very important ln terms of our balance of payments position and our balance of payments position is important in term~ whole stability of the monetary system the dollar. of, as I said, the ~nd the stabilit;" of So it is all linked together, it is together in different ways. link~d - 19 QUESTION: Last year, the U.S. delegation to OECD put on the table the problem of the defense of the free world. You apparently did not do so this year. Could you glve the reasons why not? MR. VOLCKER: tion. I don't want to be accused of any absten- Some progress, and clearly limited progress, was made on that problem last December, at the time of the last NATO meeting. Am I satisfied with that progress? know, all these areas are pretty tough. No. But, you No volunteers present themselves very quickly when the bills get passed out, but yet we do have the problem of reaching this Equilibrium which I think everybody basically understands is in the world's interest. When you are at that level of abstraction, it is fine. When you reduce that abstraction to some practical actions, we find some resistance, and there is some tendency, of course, for monetary people to say go make your improvement on the trade side, and the trade people say go be successful on burden-sharing, and the military people say forget about us, go make a monetary change. And that is one of the reasons why these all have to be looked at in a reasonable focus. But I wouldn't want to neglect that side of the problem, although it has certainly received less attention recently, since the actions were taken and the agreements were reached last D2cember. - 20 ~ffi. WEBER: QUESTION: No more questions? Mav I make a request that has nothing to do with the meeting, the substance of the m2eting, but does to do with the press. ha~ At the beginning of last year, at the same time, largely I think because of Secretary Rogers' presence here, the press, which had in the past been allowed access to the delegates' coffee shop and also the pleasure of your company, was excluded. being what it is, has continued. This practice, bureaucracy This year we were allowed the same level but we have our own little arrangement and, although we like each other's company, we like yours better. Could I, speaking for my colleagues, ask you to be so kind as to bring up with Mr. van Lennep or with the American delegation to the O~CD the suggestion that we go back to th2 status quo ante. MR. WEBER: Thank you, gentlemen. (Wh2re~po" the press conference was concluded.) The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 NOTE TO CORRESPONDENTS: June 9, 1972 The attached Treasury Department Order No.221 establishing the Bureau of Alcohol, Tobacco and Firearms as a full Bureau under the supervision of the Assistant Secretary of the Treasury (Enforcement, • Tariff and Trade Affairs, and Operations) will appear in the Federal Register on June 10, 1972. This reorganization was announced by the Secretary of the Treasury on March 8, 1972. 000 Attachment DEPAR'1J4EM' OF ':t'!{J'; TREAb"L'RY TREASURY DEPAR'DIENT ORDER NO. 221 ESTABLISBMEJf1' OF THE BUREAU OF ALCOHOL I TOBACCO AlID FIREARMS By virtue ot the authority vested in me as Secretary of the Treasury, including the authority in Reorganization Plan 10. 26 ot 1950, it is ordered that: 1. The purpose ot this Order is to transter, as specified herein, the tunctioas, powers and duties of the Iaternal Revenue Service arising under laws relating to aleohol, tobacco, tire&r.ms, and explosives, (including the Aleohol, Tabaceo and Firearms Division ot the Internal Revenue Service) to the Bureau of Aleohol, Tobaeco and Firearms (hereinafter reterred to as the Bureau) wh1eh is hereby established. The Bureau shall be headed by the Director, Bureau ot Alcohol, Tobacco and Firear.ms (hereiaatter reterred to as the Direetor). The Director shall perform his duties under the general direction ot the Secretary ot the Treasury (hereinafter referred to as the Secretary) and under the supervision ot the Assistant seeretary (Enforcement, Taritt and Trade Aftairs, and Operatians)(herelnatter referred to as the Assistant secretary). 2. The Director shall perform the functions, exercise the powers, and carry out the duties ot the secretary in the administration and enforcement ot the following prOVisions ot law: (a) Chapters 51, 52, and 53 of the Internal Revenue code of 1954 and sections 7652 and 7653 of such Code insofar as they relate to the commodities subject to tax under such chapters; - 2 - (b) Chapters 61 to 80, inclusive, of the Intel'lla1 Revenue Code of 1954, insofar as they relate to activities administered and enforced with respect to chapters 51, 52, and 53; (c) The Federal Alcohol Administration Act (27 U.S.C. Chapter 8); (d) 18 U.S.C. Chapter 44 (relatillg to firearms); (e) Title VII, ()nn1bus Crime control and Sate streets Act of 1968 (18 U.S.C. Appendix, seetions 1201-1203); (f) 18 U.S.C. l262-l265; 1952; 3615 (relatins to liquor traffic ); (g) Act of August 9, 1939 (49 U.S.C. Chapter 11); insofar as it involves matters relating to violations of the lationa! Fire8l"!lS Act; (h) 18 U.S.C. Chapter 40 (relating to explosives); cd (i) Section 414 ot the Mutual Security Act of' 1954, as mended (22 U.SoC. 1934) relating to the control of the importation of' arms, ammunition and impleaents of war. 3. All functions, powers and duties of the secretary which relate to the administration and enforcement of the laws specified in paragraph 2 hereof are delegated to the Director. RegulatiOns for the purposes of carrying out the functions, powers and duties delegated to the Director may be issued by him with the approval of the Secretary. - 34. (a) All regulations prescribed, all rules and instructions issued, and all forma adopted for the administration and enforcement of the lava specified in paragraph 2 hereot, which are in effect or 1D use on the effective date ot this Order, shall continue in effect as r~tions, rules, instructions and fo~s ot the Bureau until superseded or revisedj (b) All existing activities relatizlg to the collection, processing, depositing, or accOUDtfng for taxes (including peDalties and iDterest), fees, or other moneys UDder the lava specified in par.graph 2 hereot, shall continue to be by the C~ssioner perto~ed pert'o~ed of IDternal Revenue to the extent not now by the Alcohol, Tobacco and Firearms Division or the Assistant Regional Commissioners (Alcohol, Tobacco and Firearms), until the Director sball otherwise provide with the approval of the Secretary; (c) All existing activities relating to the laws specified in paragraph 2 hereof which are nov performed by the Bureau of cuatClll8, shall cClltinue to be pertomed by such Bureau until the Director shall otherwise provide with the approval of the Secretary. 5. (a) The te~ "Director, Alcohol, Tobacco and Firea1"lls Division" and "camnissioner of Internal Revenue" vherever used in regulations, rules, instructions, and fo~s, issued or adopted for the administration aDd enforcement of the lavs specified in paragraph 2 hereof, which are in effect or in use on the effective date of this Order, shall be held to mean the Director. - 4The terms "Assista..''1t Regional ccmmissioner" wherever (b) used in such regulations, rl.ll.es, instructions, and forms, shall be held to mean (c) Regional Directul'. The terms lIinternal revenue officer" and "officer, employee or agent of the i.nt.ernal revenue" wherever used in such regulations, rules, instructions and forms, in any law specified in paragraph 2 above, &no in 18 u.s.c. 1114, shall include all officers and employees of the United states engaged in the administra.tion and enforcement of the laws administered by the Bureau, who are appointed or employed by, or pursuant to the authority of, or who are subject to the directions, instructions or orders of, the Secretary. (d) The above terms, when used in regulations, rules, instructions and forms of government agencies other than the Internal Revenue Service, which relate to the administration and enforcement of the laws specified in paragraph 2 hereof, shall be held to have the same meaning as if used in regulations, rules, instructions and forms of the Bureau. 6. (a) The~e shall be transferred to the Bureau all positions, personnel, records, property, and unexpended balances of appropriation: allocations, and other funds of the Alcohol, Tobacco and Firearms Division of the Internal Revenue Service, including those of the Assistant Regional Commissioners (Alcohol, Tobacco and Firearms), Internal Revenue Service. - 5(b) In addition, there sha.ll be transferred to the Bureau such other positions, personnel, records, property, and unexpended balances of appropriations J allocations, and other f'unds, as are determined by the Assistant Secretary for Administration, in consUltation with the Assistant Secretary, the Director, and the Commissioner of Internal Revenue, to be necessary or appropriate to be transferred to carry out the purposes of this Order. (c) There shall be transferred to the Chief' Counsel of' the Bureau such functions, powers and duties, and such positions, personnel, records, property, and unexpended balances of' appro- priations, allocations, and other tYnds, at the Chief Counsel of the Internal Revenue Service as the General Counsel of the Department shall direct. 7. All delegations inconsistent with this Order are revoked. 8. This order shall becane effective Date: JUN 6 - 1972 July 1, 1972. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 For Release at 3 p.m. EDT, Today Monday, June 12, 1972 NEW TREASURY SECRETARY ADMINISTERS OATH TO TOP AIDES As his first official duty, Secretary of the Treasury George P. Shultz presided today at oath-taking ceremonies for three of his top new aides, recently nominated to higher positions by President Nixon. A fourth aide took the oath of office at La Paz, Bolivia, where he is on a Presidential mission. Receiving the oath of office were Charls E. Walker who became Deputy Secretary of the Treasury, Edwin S. Cohen who became an Under Secretary of the Treasury, and Lee H. Henkel who became Assistant General Counsel of Treasury and Chief Counsel of the Internal Revenue Service. John M. Hennessy became Assistant Secretary of the Treasury for International Affairs in a ceremony in La Paz, Bolivia. The oaths were administered by Supreme Court Justice Lewis F. Powell. Dr. Walker of Graham, Texas, became the first Deputy Secretary of the Treasury. He will be the second highest ranking official of the department, as he was while serving as Under Secretary of the Treasury when Congress earlier this month created the new post. An economist, former professor and one time official of the American Bankers Association, he is also an author. 8-1 (OVER) - 2 -- Mr. Cohen of Charlottesville, Va., became an Under Secretary of the Treasury, moving up from Assistant Secretary for Tax Policy. A former New York attorney and former law professor at the University of Virginia, he has held the post of Assistant Secretary since March 1969. -- Mr. Henkel of Columbus, Ga., became Chief Counsel of the Internal Revenue Service and Assistant General Counsel of the Treasury Department. A former Georgia attorney, he has been serving as Deputy Chief Counsel of IRS Slnce September 1971. -- In the related action at La Paz, Mr. Hennessy of Boston, took the oath of office as Assistant Secretary of the Treasury for International Affairs. He is on a Presidential mission in South America with outgoing Treasury Secretary John B. Connally. Hennessy will continue on the mission, which involves discussions with 15 nations around the Globe, returning to Treasury July 10. He succeeds John R. Petty, who resigned. Hennessy at one time lived in La Paz, where he established a branch of the first National City Bank of New York. Biographies attached DEPUTY SECRETARY OF THE TREASURY CHARLS E. WALKER Dr. Charls E. (for Edward) Ualker was sworn in as Deputy Secretary of the Treasury in a June 12, 1972 ceremony in the Treasury Department. He had been Under Secretary of the Treasury and prior to that Executive Vice President of the American Bankers Association from 1961 to 1969. Born in Graham, Texas, December 24, 1923, the son of Pinkney Clay and Sammye McCombs Walker, he attended Graham public schools. He is an alumnus of the University of Texas which granted him Bachelor an~ Master of Business Administration degrees in 1947 and 1948, respectively. In his early career, Dr. Walker was an instructor (194748) in finance and later assistant and associate professor (1950-54) at the University of Texas, in the interim teaching at the vlharton ·School of Finance of the University of Pennsylvania from which he received a Doctor of Philosophy degree in Economics in 1955. In 1953, Dr. Walker became an associate economist at the Federal Reserve Bank of Philadelphia, moving in 1954 to the Federal Re serve Bank of Dallas Hhere in the perioQ 1958-61 he was a vice president and financial economist. His service with the Federal Reserve Billlk of Dallas was interrupted (195556) by association with the Republic National Bank of Dallas as an econo~ist and special assistant to its president. Dr. Walker took leave of absence from the Federal Reserve Bank of Dallas to 'Serve in the Treasury at \'lashington as Assistant to Secretary Robert B. Andel""'son from April 1959 to January 1961. Dr. Walker is a trustee of the Joint Council on Economic Education"and former member of the· board of editors of the Journal of Finance. Co-editor of The Banker's Handbook, he also has written articles for economic and ·.Jther journals. During World War II he was a pilot in the U. S. Arcy Air Force. 'i, Dr. and ~1rs. vlalker, the former Harmolyn Hart of Laurens, South Carolina, have two children: Carolyn (Mrs. William D. Ek), of Landover, Md., and Charls Edward Jr., 20, a student at Dartr:out~ College. The \\Talkers live in Washington, D. C. 000 June 12, 1972 June 12, 1972 NAME: Edwin -S. Cohen TITLE: Under Secretary of the Treasury PERSOML DATA: Born: Harried: Children: Home: Address-: Local: Address: Richmond, Virginia, September 27, 1914 Helen Herz, August 31, 1944 Edwin Carlin Roger Susan Wendy 104 Stuart Place Ednam Forest Charlottesville, Virginia 22901 4100 Cathedral Avenue, N. W., Apt. 606 Washington, D. C. 20016 EDUCATION: University of Richmond, B.A., 1933 University of Virginia, LL.B., 1936 At University of Richmond: Phi Beta Kappa Omicron Delta Kappa Pi Delta Epsilon Editor-in-chief, College newspaper Captain, tennis team Intercollegiate debating team At University of Virginia La\.; School: Order of the Coif Raven Society Notes Edi tor, Virginia Law Rcvie~v Instructor CAREER SUMNARY: Admitted to bar: Virginia, 1935; New York, 1937 Associated with Sullivan & Cromvcll, New York, N. Y. (1936-1949) Partner, Root, Barrctt, Cohen, Knapp & Smith, New York, N. Y. (1949-1965) - 2 - Biographical Sketch of Edwin S. Cohen (continued) CAREER SUMMARY (continued): Counsel to Barrett, Knapp, Smith & Schapiro, New York, N. Y. (1965-1969) Professor of La\V, University of Virginia (1965~1968) Joseph M. Hartfield Professor of Law, University of Virginia (June.'196B to February 1969) Assistant Secretary for Tax Policy, Department of the Treasury (March,ll, 1969, to June 12, 1972) Under Secretary of the Treasury (June 12, 1972, to date) PROFESSIONAL AND CIVIC ACTIVITIES: Member, Advisory Group to COhuuiss ioner of Internal Revenue (1967-1968) Member of and Counsel to Advisory Group on Subchapter C (Corporate Transactions) to Committee on v.\'·/s and Means, House of Representatives (195(,··1958) In Amer.;can Bar Association, Section of Taxation: Chairman, Co:nmittee on Corporate Stockholder Relationships (1956-1958) Member of Council (1958-1961) Chairman, Special Committee on Substantive Tax Refo~:m (1962-1963); Special Advisor (1963-1969) Member, Planning Committee (1963 to date) In American Lm., Ins titute: Special Con:·u1tant on Corporations and Member of Advisory Group (Project for Revision of Federal Income Tax Statute (1950-1954) Bomber of Advisory Group, Project for Revision of Federal Estate a~d Gift Tax Laws (1963-1968) In Association of the Bar of the City of New York: Former Hember, Committee on Taxation Former Nember, Admissions Committee Menilier, Advisory Committee, New York University Institute on Federal Taxation (lQ68 to date) Consultant, Virginia Income Tax Study C01mnission (1966-1968) Bomher, Virginia Income Tax Conformity Study Commission (1970) - 3 Biographical Sketch of Edwin S. Cohen (continu(~cl) PROFESSIONAL AND CIVIC ACTIVITIES (continued) Lecturer at variouslaH schools (including Columbia, Cornell, Harvard, New York University, Virginia, Yale); at various tax and legal institutes (including Chicago, Missouri, Nebraska, New York University, Southern California, Texas, Tulane, Virginia, West Virginia, William and Hary, Canadian Tax Foundation and Practising Law Institti'te); and before various bar associations and other organizations. Member: American Law Institute American Judicature Society American Bar Association New York State Bar Association Association of the Bar of the City of Ne\v York New York County Lawyers Association Virginia State Bar Association American Association of University Professors SPECIAL CAREER RECOGNITION: Recipient of Alexander Hamilton AHard, presented by Secretary Kennedy in January 1971, for outstanding leadership in the work of the Treasury Department Phi Epsilon Pi National Achievement Award Achievement A"vard of the Tax Society of New York University (1970) The 1971 Tax Alvord, URiversity of Hartford Tax Institute June 12, 1972 John M. Hennessy 4000 Fordham Road, N.M. Washington, D. C. 20016 Age 36 Tel. 244-724b Area Code 202 married 2 children - Ilmmary u.s. me 12, 1972 - Assistant Secretary for International Affairs, Iteer DEPARTMENT OF THE TREASURY Irch-June, 1972 - Acting Assistant Secretary for International Affairs !pt.t 1970 - eb., 1972 Deputy Assistant Secretary, in charge of developing nations and international development institutions ~68 ARTHUR D. LITTLE, INC., CAMBRIDGE, MASS. - 1970 Management and economic consulting in U.S. and abroad. Major cases included: industrial development projects for one U.S. state and in two ~~reign less developed countries; management reorganization for major bank; savings and loan industry study; trade promotion project for a Latin American country. ~66 - 196R FIRST NATIONAL crTY RANK) N~W YORK CTTV General Manager, Peru. Overall responsibility for running autonomous profit center composed of 6 branches, total resources $35 MM and staff 250. 164 - 1966 General Manager, Bolivia. Carried out negotiations with Bolivian Government for approval of first ~yanch of U.S. bank in country; subsequentl? organized and ran Bolivian operations with responsibility for resources $5 MM: Staff 30. 158 - 1964 Loaning officer, New York, working with major U.S. corporations operating internationally; supervision credit and money market operations in several foreign markets. - IUcation MASSACHUSETTS INSTITUTE OF TECHNOLOGY, CAMBRIDGE, MASS. National Science Research Fellow at Sloan School, in field of international finance and business. Completed all requirements for Ph. D, except thesis, in international business and economics. Appointed part-time instructor of Institute for 1970/71 academic year; resigned to take job in Treasury. (OVER) -2Education (continued) 1958 B.A., Harvard University, Magna cum laude Outside Activities and Associations Member American Economic Association and American Academy of Political and Social Sciences; member of Sloan School of Management Policy Committee 1969/1970. Board member, American Society of Peru. President, Bolivian-American Business Council; Director, American School, La Paz, Bolivia; Director, Private Development Bank, La Paz, Bolivia. Languages Fluent Spanish and French. BIOGRAPHICAL SKETCH OF LEE H. HENKEL JR. President Nixon nominated Lee H. Henkel Jr., of Colurr~us, Ga., to be an Assistant General Counsel of the Treasury Department and Chief Counsel of the InternaJ Revenue Service on April 11, 1972. Mr. Henkel was SvlOrn in June 12th, succeeding K. Martin Worthy, who resigned. At the time of his nomination, Mr. Henkel was Deputy Chief Counsel of IRS, a post he had held since Septemr)(;r 1971. Born September 16, 1928 in Charleston, West Virginia, Mr. Henkel received his A.B. degree from Duke University in 194~ and his LL.B. degree from Duke Law School in 1952. He practiced law with the firm of Swift, Page, Henkel & Chapman, P.C. in Columbus, Georgia (formerly Swift, Pease, Davidson & Chapman) from 1952 until his appointment at the Department of the Treasury in 1971. Mr. Henkel has lectured at various tax seminars and meetings throughout the United States, including the Practicing Law Institute; Connecticut Bar Association; Southe>rn Federal Tax Institute; Estate Planning Councils; Southern Methodis"t University; Institute for Continuing Le~al Education in Georgia; Georgia Society of CPAs; Indianapolis Tax Institute; and Southwest Ohio Tax Institute. Mr. Henkel is married to the former Barbara Davidson and they have three children. J un (: 1 2, 19 7 2. The Deportment of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 rENTION ~ FINANCi..\L EDITOR RELEASE 6:30 P.M., June 12, 1972 RESULTS OF TREASURY'S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury Us, one series to be an additional issue of the bills dated March 16, 1972 , and ~ other series to be dated June 15, 1972 , which were offered on June 6, 1972, 'e opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000 thereabouts, of 91-day bills and for $ 1,800,000,000 or thereabouts, of 182 -day Us. The details of the two series are as follows: ~GE OF ACCEPTED o1PETITIVE BIDS: High Low Average 91-day Treasury bills Se~tember 142 1972 Approx. Equiv. Annual Rate Price maturin~ 99.050 99.031 99.040 3.758% 3.833% 3.798% 182 -day Treasury bills maturin~ December 142 1972 Approx. Equiv. Price Annual Rate 97.905 97.866 97.883 11 4.144% 4.221% 4.187% Y 30% of the amount of 91-day bills bid for at the low price was accepted 21% of the amount of 182-d~ bills bid for at the low price was accepted r~ TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District 3eston ~ew Francisco AcceEted AEElied For 9,115,000 $ 24,115,000 $ 1,926,040,000 3,041,890 ,000 15,475,000 15,965,000 29,610,000 29,635,000 9,565 ,000 9,565,000 17,655,000 35,155,000 169,375,000 226,875,000 27,835,000 40,145,000 19,600,000 25,300,000 28,530,000 38,280,000 15,530,000 46,330,000 31,775,000 92,985,000 TOTALS $ 3,626,240,000 $ 2,300,105,000 York Philadelphia :level and lichmond \tlanta :bicago it. Louis Unneapolis lansas City )allas )an AEElied For $ 23,110,000 2,680,530,000 24,210,000 15,915,000 2,410,000 34,470,000 175,225,000 25,670,000 25,690,000 28,950,000 34,980,000 133,755,000 ~ AcceEted 8,110,000 $ 1,531,080,000 4,210,000 10,495,000 2,410,000 15,940,000 103,425,000 15,670,000 19,690,000 18,555,000 6,980,000 64,520,000 $ 3,204,915,000 $ 1,801,085,000 EI mcludes $ 187,350,000 noncompetitive tenders accepted at the average price of 99.040 InclUdes $ 89,380,000 noncompetitive tenders accepted at the average price of 97.883 These rates are on a bank discount basis. The equivalent coupon issue yields are 3.89 ~ for the 91 -day bills, and 4.34 % for the 182 -day bills. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 13, 1972 TREASURY ISSUES DUMPING FINDING WITH RESPECT TO LARGE POWER TRANSFORMERS FROM FRANCE, ITALY, JAPAN SWITZERLAND, AND THE UNITED KINGDOM Assistant Secretary of the Treasury Eugene T. Rossides announced today that the Treasury Department has issued dumping findings with respect to large power transformers from France, Italy, Japan, Switzerland, and the United Kingdom. The finding will be published in the Federal Register of June 14, 1972. On January 20, 1972, the Treasury Department advised the Tariff Commission that large power transformers from the above-mentioned five countries were being sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. On April 20, 1972, the Tariff Commission issued a determination that a U.s. industry is being injured by imports of these large power transformers. The dumping finding automatically follows as the final administrative requirement in antidumping investigations after these two determinations. Dumping duties will be assessed on imports of large power transformers from France, Italy, Japan, Switzerland, and the United Kingdom which have not been appraised and on which dumping margins are found to exist. During the two-year period from January 1970 through December 1971, the value of large power transformer imports totaled approximately $2,000,000 from France, approximately $1,200,00 from Italy, approximately $4,400,000 from Japan, approximately $2,400,000 from Switzerland, and approximately $1,500,000 from the United Kingdom. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 13, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of $4,100,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing June 22, 1972, in the amount of$4,206,785,000~ as follows: 9l-day bills (to maturity date) to be issued June 22, 1972, in the amount of $ 2,300,000,000, or thereabouts, representing an additional amount of bills dated March 23, 1972, and to mature September 21, 1972 (CUSIP No.912793 PD2 ) ,originally issued in the amDunt of $1,800,975,000, the additional and original bills to be freely interchangeable. 182- day bills, for $1,800,000,000, or thereabouts, to be dated June 22, 1972, and to mature December 21, 1972 (CUSIP No. 912793 PR1). The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at maturity their face amount will be payable without interest. They will be issued in bearer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $SLO,OOO and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the closing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, June 19, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must ~e for a minimum of $10,000. Tenders over $10,000 must be in mUltiples of $5,000. In the case of competitive tenders the price offered must be ~xpressed on the basis of 100, with not moce than three decimals, e.g., 99.925. Fractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions generally may submit tenders for account of Customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to - 2 submit tenders except for their own account. Tenders will be receiwd without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders' from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tender~ are accompani~ by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders \~li! ~ be opened at the Federal Reserve Banks and Branches, following which PUblic announcement will be made by the Treasury Deparcment of thE amount and price range o~ accepted bids. Only those sub~itting competitiv~ tender~ will be a d vis e d 0 f the a c c e pta nceo r r e j t C t ion the, eo f. Tl' E: S f:' ere t a ~. v 0 f the Treasury expressly reserves the ri~ht to accept or reiect an; or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservatio~s, noncompetitive tenders for each issue for $200,000 or less without stated price from Rny one bidder will be accepted in full at the average price (in three decimals of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance h ith the bids IT'llst be [nade or completed at the Federfll :leserve Bank on June 22, 1972, in cash Dr other immediately available funds or in a like face amount 0 Treasury bills ITaturing June 22, 1972. Cash and Gxcn.ange tender will receive equal treatment. Cash adjustments will be made for differences between the par value of maturi~g bills accepted in exchange and th~ issue price of the new bills. 7 i.1lldec Secticns 45 0c (b) and 1221 (5) Df the lnternao~ Kevenue Coc.it of -;"954 the amount of discount at which bills i:'-:sl1ed hereunder are sold is cons~dered to Jccr~e when the bills are sold, redeemed or otherwise d i ~ p :) sed c E, oj nul: h e '0 i 11 s are ex c 1 u de d fLO m con s i ci era t ion esc a pit a1 assets. Accor,~i'lL;}Y, the O\,mv' ~ Tl"ea.sury bills (oth(~r Lhan life jn~\:r(1[lce Cl)[~lpanies) issued her-eunder must include in his income tax rctu!:"rt, a::: ordinary gain oc loss, the diffprence betpeen the price paid for the bills, whether 011 original issue or on sut:::;equent purchase, and the amount actually received either upon sale Dr redemption at maturity during the taxable year for which the return is made.'. Treasur'J Department Cit:cular No. 418 (currEI;t rt'vision) and thi~ notice, prescrihe the terms of the Treasury bil:~ and go~e~n the conditi.ons or their issue. Copies of the circular md\' bc ob[ained from any Federal Reserve Bank or Branch. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE UPON DELIVERY STATEMENU' OF THE HONOPABLE EDWIN S. COHEN UNDER SECRETP.RY OF THE TREASURY BEFORE THE SUBCOl'-tl\1ITTEE ON CrOVERL'fMENT PROCUREMENT OF rEHE HOUSE SELEC'I' COr'JHITTEE ON SMALL BUSINESS 10:00 a6m~ (ED'I'), June 14, 1972 Th.:..~Imp..!'1.C_:L of DISC on Small Business Mr. Chairman and Members of the Subcommittee~ The Revenue Act of 1971 established new provisions regarding the tax treatment of export earnings by exporters using Domestic International Sales Corporations - DISCs. With certain limited exceptions, any corporation organized in one of the States or the District of Colu~bia which is engaged solely or almost solely in the export business can qualify as a DISC. In general, Federal income tax on one-half the export earnings of such a corporation will be deferred until such time as such earnings are distributed to the DISC's shareholders. for determining the export In addition, special rules are provided ear~ings of a DISC which purchases from, or acts as commission agent for, a related manufacturer or other supplier. The DISC provisions became effective for taxable years beginning on or af-ter ,Janu.ary 1, 1972. 8-2 - 2 - As of May 31, 1972, the Internal Revenue Service had received 2,089 DISC elections. Treasury has not published and indeed cannot publish a list of the companJ.es that have filed DISC elections. The reason for this is that the DISC election constitutes a "return" and in general we are prohibited by statute from disclosing any information derived from a return e Nevertheless, we realize the great interest that this Subcommittee and others have in the DISC program and the need for information. For this reason \ve plan to submit to Congress and publish statistical information which will both preserve the confidentiality of tax returns and provide Congres~ and the public with the information it needs.* *The Revenue Act of 1971 requires tbe Treasury to submit an annual report to Congress setting forth an analysis of the operation and effect of the DISC program, including its impact on our balance of trade. The first such report is due in April, 1974. Moreover, the Conference Committee which worked on the DISC legislation indicated that a comparative report should be furnished to Congress February 1, 1973 and every three years thereafter} comparing the by t~ structures and practices of United States and foreign nations from th point of view of their effect on the location of united States and foreign manufacturing facilit.ies and the competitiveness of united States exports. - 3 - The basic data. which \-Jill be used to prepare the stat.i<::tical information will be obtained from the annual information returns which DISCs mu.st file. For those DISCs on a c3.1endar y.?ar basis, the first returns are due September 1'7. 1973Pending the receipt of the DISC informal:.i()n teturns I the primary source for: data on the DISCs is inforr.3.ti0n set forth in the DISC elections which must be filed with the Internal Revenue ServJ.ce in order to obtain DISC statl"lS. elections do cont?.!,c) 11 SO:-rlG extensive informatL::L: ,"" While the se:::l)1 data, they do not require '. ·r"~_,-·~,. The DISC election requires the DISC to set forth t:-~e names of its shareholders and from this information we have obtained a picture of the extent to which small business is using the DISC program. We did this by analyzing a random sample of the shareholders of 100 DISCs. On the basis of this sample. it appears that at least 50 percent of the DISCs for which elections have been made are owned by shareholders that can be classified as small business. The results of the sample and the basis for this conclusion are set forth in Appendix A which I am submitting to with my testimony. t~e Subcorr~ittee along - 4 - In addition to the sample, our contacts with taxpayers throughout the country yield the clear impression that DISC 1.S being turned to as a vehicle for export business, not only by the large corporations, but also by the small and medium slze firms. From the beginning of our work 1.n studying and developing the DISC proposal, we have borne in mind the interest of smaller businesses. The Treasury proposal was designed to remove tax impediments for all u.s. exporters, and the proposal and its implementation have been specia:ly t::>..U.or2'.J. so that smaller business as well as larger business can use DISC for exporting. Indeed, one of the basic purposes of DISC was to extend to small and medi~~-size exporters deferral possibilities that larger exporters have been able to obtain through foreign selling subsidiaries located in the Bahamas, Switzerland and other places abroad. In order to accomplis11 this, Treasury urged that the new law permit domestic incorporation so that the exporter could obtain the deferral benefits at far less expense and difficulty by followin familiar incorporation procedures, maintaining books and records in English, utilizing local lawyers and accountants and maintaining export operations in the United States. In addition four elements of the DISC program of special interest to small business should be pointed out: - 5 - First, a DISC can be formed with j~st $2,500 of capital. Second, as indicated, an election to be a DISC can be made simply and without supplying a great deal of advance information. To facilitate matters, the IRS published in February a form for DISC elections. Third, the Internal Revenue Service published a ruling* in March which indicates that a manufacturing company can use a DISC for its exports with a minimum of disruption of the manufacturing company·s method of operations. For example, as provided in the ruling, a DISC need not have its own inventory or employees, and billings and collections can be handled directly by the manufacturing company. The DISC can be formed to operate as a commission agent for one or more manufacturing firms, and thus avoid the formalities of taking title in its own name. Fourth, special rules have been provided for determining the portion of the total earnings from the manufacture and sale of exports which can be allocated to the * Rev. Rul. 72-166 published as Technical Information Release 1152, March 16, 1972. - 6 - DISC. These special rules make it unnecessary to apply complicated intercompany pricing rules which would ordinarily govern the allocation of income between a sales company and its related supplier. All of these elements were designed to simplify the formation and operation of a DISC and to insure that small and medium size firms would participate in the DISC program along with our larger corporationso '!'he DISC proposal and the legislation make DISC especiaU} available to two types of small business: the small export fil and the small manufacturer which sells or wants to sell part oj its production abroad. Export firms, which are often referred to as combination export managers, account for an important volume of united States exports. '!'hose firms are typically small. Where those export companies are exclusively engaged in exporting, they C~ elect DISC status themselves, or where other business is combi wi th exporting they can set up a new company to qualify as a D This will entitle them to defer Federal income tax on one-half their earnings from export sales whether they operate by buyin - 7 - and reselling or as a 'commission agent. In additon, those export companies will be entitled to earn fees from services rendered in managing export operations for other DISCs, where, for example, a manufacturer wishes to have its own DISC but lacks the experience to manage an export operation. In addition to the small export firm, the small manufacturer can take full advantage of the DISC program. While some small manufacturers might handle the entire export function "in house ll just as a larger enterprise might organize its exports, other small manufacturers might find it desirable to export through an unrelated export firm. The DISC legislation was especially designed to provide the same amount of deferral where exports are being routed through an export firm as in the case in which a manufacturer and its wholly-owned DISC assume full responsibility for exports. This was accomplished by providing that a DISC can earn qualified export receipts by selling to a second DISC, as long as the second DISC is unrelated. Thus, the small manufacturer can set up its own DISC which would receive commissions on sales (or resell) to an export firm which itself is a DISC. The manu- facturer's DISC and the export firm qualifying as a DISC would together be entitled to the same deferral that could be obtained by the larger manufacturer exporting through its own DISCo - 8 - I would now like to describe the recent efforts of the Administration to publicize DISC and to promote exports. While directed at all u.S. business, we believe that these efforts have been of special use to small business. Since the DISC became law in January 1972, Treasury and Commerce Department representatives have appeared at almost 100 seminars or conferences in 63 different cities throughout the country. As indicated by the map of the united States which is being submitted as Appendix B to my statement, these workshops have been held in many different parts of the countr~ A list of these appearances is being submitted as Appendix c. The workshop program was developed by the Treasury and the Department of Commerce through the Commerce Department's natioI wide network of 42 field offices. We have had the active col- laboration of the National Export Expansion Council and its regional councils throughout the country. As the list of sponsoring organizations in Appendix C indicates, we have also received the cooperation of cham~ers of commerce, internationa trade clubs and industry associations representing every facet of American business. In addition, strong support has been given to our effort by leading educational institutions and professional organizations. The response to most entnu::d.C'l.stic ~ by ~":;'f.:Sf' W.:' over 10 , 000 peopl ~~. 1:.;3 <7·;;'1\ L ldrs and '.:::onferences has been tima.t.e '. J:.c;.~ . .:::.2"j ha\;e been attended Audiences grateful that Government officials semi< }-~ave to have been especially been willing to travel allover the country to assis·t in expla.Hat ion and implementation of the new law. Some expressed that these extensive travels and appearances indicated that the Government was sincerely interested ill helping their firms to export. The Treasury is making a major effort toward the preparation and publication of proposed regulations on DISC. As soon as the principal regulations are proposed, which we hope will be cornpie ted be fore Labor Day, we i!1. tenCl. to ho -Ld fJ rther seminars and conferences to make sure the conb:::llls of the proposed regulations become known, and to obtain suggestions for modifications that should be reflected in the final regulations. We believe these seminars are of special benefit to smaller or medium size firms, since they do not have large tax staff ,:J study the new DISC provisions and consult with the National Office of the Internal ReverJ.ue Service and Treasury in Washington. - 10 As a key part of our progTam I '1' reasury published in January a handbook explaining the DISC provisions in non-technical language and answering many of the most cornman questions put to us on DISC. This handbook has gone through three official printings, with over 73,000 copies having been distributed to date. More- over, more than 100,000 caples of the handbook or extracts have be~n distributed commercially and by the Internal Revenue Service in its weekly Internal Revenue Bulletin. We believe this handbook to be especially useful for smaller and medium size firms. In addition, the Commerce Department has placed over 30 advertisements this year describing the advantages of exporting, including references to DISC. These advertisements have appeared in such publications as the Wall Street Journal, U.Se News and World Report, Business Week, Forbes, the New York Times and Newsweek. The National Office of the Department of Commerce as well as the 42 field offices have also been active in distributing the DISC handbook and answering questions from the general public concerning DISC. Finally, as I have already mentioned, we are in the process of issuing proposed regulations on DISC. The first set of these regulations was published on May 20, 1972, dealing with the genera conditions a corporation must meet to be treated for tax purposes as a DISC, the required capitalization, the method of accounting that mav be used by a DISC, and the election of a taxable year - 11 by a DISC. Subsequent regulations, which will be issued during the course of the summer, will deal with such topics as the income allocable to a DISC under the special intercompany pricing rules, the definition of important terms such as "export property," "qualified export receipts," and "qualified export assets," and the mechanics of the producer s loans pro1 visions, i.e., loans made by a DISC out of its export earnings to a domestic manufacturer of export property. Written comments will be reviewed and public hearings conducted with respect to these proposed regulations before they are finally adopted in order to make sure that the regulations reflect fair and realistic rules for those exporting through a DISC. In addition to our regulations program, we have been issuing private rulings on DISC. As of the present time, the Internal Revenue Service has received 177 requests for rulings pertaining to the DISC provisions. It has already issued 125 rulings and is making every effort to expedite the issuance of other rulings. As I indicated, we published the one important ruling in March, relating to the degree of corporate activity which a DISC must have, and we intend to publish additional rulings from time to time. - 12 In response to your request for a summary of other tax programs which will benefit u.s. small business concerns in the field of foreign trade and foreign investments, I can indicate that while, aside from DISC tax programs designed to benefit U.s. there are no specific small business concerns specifically in the fields of foreign trade and foreign investment, the Internal Revenue Code does contain a number of provisions which are intended to benefit small business corporations generally. To the extent that they are so benefited they are better able to engage in foreign trade. Among these tax benefits are, Subchapter S of the Code which allows corporations to pass gains or losses through to shareholders without an intervening corporate tax, the surtax exemption which results in the impositic of a lower corporate tax on corporations with less than $25,000 taxable income, and provisions allowing deductions by shareholders on losses of small business corporation stock. In addition, the Administration has proposed a small business bill which contains additional tax incentives for small business corporations. In conclusion, the DISC program has been designed to be used by small business as well as by other u.s. exporters and small business has shown every sign of responding enthusiastically. 000 June 14,1972 sales volume of the ::::tockholders of a random sample of 100 DISCs for the last reported fisc~l yea~. Annual Sales Number of DISCs Over 5 1 $500 $250 $100 $ 50 $ 25 $ 15 $ 10 $ 5 $ 1 $ $ Billion Billion Million Million Million Million Million Million Million Million Million To ............. ........................ . .., $ 5 Billion . . . . . . . . . . . . . . . . . . . . . $ 1 Billion ..................... . $ 500 Million . '" . .. . ................ . $ 250 Million .... $ 100 Million .................. ,,"""" $ 50 Million .......... . ........ . $ 25 Million """"."",, . " " " " " " " .. " " " $ 15 Million ...... .,,~.~ $ 10 Million $ 5 MilliorJ . ." .. "" ~ .......... " .. It •• ' <! . . . . . . . . . . . . . . . ••••• . •••••• o 6 6 4 6 3 11 7 2 1 3 49 No entry in standard sources Total 51 100 Consolidated sales volume for the stockholders of 49 DISCs were found in five standard sources The nan;,,-~:. of these sources and the criteria for inclusion are as follows: Fortune Magazine provides data for the 500 largest indu3trial firms in the country in terms of sales. Moody's Industrial Manual and Moody's aTC Industrial Manual provide data for all publicly held U.S. corporations with over 250 shareholders. Dun & Bradstreet's Middle Market Directory lists all U.S. corporations whose net worth is greater than $500,000. Standard & Poor'~ Corporation Records provides data for all firms whIch meet each of three tests:- more· than 40 employees; regional or national operations; and annual sales exceedi~g ~l,OOO,OOO. - 2 - There was no entry for the stockholders of 51 DISCs, including DISCs owned by one or more individuals. It can be concluded that all or almost all of the stockholders for which no entry was found (the stockholders of 51 DISCs) represent small business as any stockholder (i) which itself has over 250 stockholders; or (ii) which has over $500,000 in net assets; or (iii) which has regional or national operations, more than 40 employees and more than $1 million sales is, in principle, listed in one of the five sources consulted. In addition, any business with annual sales of less than $10 million can well be classified as small (the stockholders of 4 DISCs On this basis, it has been concluded that the stockholders of over 50 percent of the DISCs are small business. DISC SPEAKING ENGAGEMENTS (In wh;c~ Treasury or National Office of Commerce Participated since approval of Revenue Act of 1971 by Congress) n ,\\ e~~. t,jiir4;;:,- ---._----, -'" --, '-T'iHi,;O:;;;()I'-(~... Jr" h Ii.. . . . . . ,'.N J;;;;;j"lId /'7' W<>CON5IN SOUTH DAKOTA MIC" ~ • Gr.nd R P fo~ Art" Arb"" ,"0"" _-- t;;E;o _--.I... •' • ,- " -" W &--- ""' h '.'11,,,11191\1(1 P HI< t'10~"'i\-\ ~ ---- • '--. I V---\'1)' ~J~ :J:;;) ,,/(~ ~ BUf".nfr • ~. h,"""d.~ R""'" s"",,, 8.,,,.,,, He'lli IL~~.·~' ;;i,,"'~ C"IO'6do Sp""gs e Q>;:::,. ,y-_:,.....r-. yorle CotJlltV,/,/ ..{;/ .A11~fllillNn~ /II' se.Vllf f. Ji ) "----~ I I OKLAHOMA . . '.:. \ I;' NEW M E X I C O - - - . . tlO$IOIl >). . ~fl1l'l.rll. C,"""",(I r~ KANSA:, ~~~ S .MI.S """.V ! ~ ~~D -' ) . '~(\~\N.\I~ , "'"'>'~ 17' (OlORAOO Oenver. • ~~ A B',fg en \"1,\1>. • .I~ \, ,,,s. ~ •,,,,,",, •.'"~! ,.' .0,/\ \!~ pfNN:.> '---:')··/CIS!,.nd \0 srr. • //1 IdS' oe uort 0: V __ ' . " r . ..--- f\) -/--r;. :.\ (t4,\\ .:-!. "-, '" IGAN:. "\ ,././ .d\',-.-1 \"i'£' I ,,5' \ ~H ,~E.l:lR~- -J.1 '~ ~- .Dt~~ fJV~ o~." IUWA \ /(; ;. ~ / ~'2 ~ r" (4/ If l'R1\I14 f/ Ii (,;;. \ ,--~~.& MINNl'~"'uJ-'- if" . . . . . ,.. ~~~ 1()4H(~ APPENDIX B los Angel,s ... '. 1;).-" S8f1(" A"" ..-Y' Sil,!_,!'~ • ""'O.nll e. SCllflsd",. , ......... ,r~-~. ,- "--f 08/1"S ......... A.lA';K:" \ . . . . . _" I .--","--------.: FI QRIOA. M IE J(I ..~ () ~~-,~ " '- -~ ........... ,,"'9 , SI ') ',~ \_Ji e-;;:,1:" / . . J _, ", ,':c, .' ,- .~ ,<'~~'''''-'' <' • n ,t(.~ .. , ~ '" ~ 1 '\\~ \:f _SJ~'> HI'."" J'I ;~'~ ' .... . " Ce- p '\ J ,\. -\\ ;.~~ ~'~ \,';':),.. -" , \:;.~\-. 0'- ~ . -\~L'~ ~ T,m p,'''''''9 ~: .. / \J\J .. ~~M"m' ' f C"I. :;- h.-··'.~""_..,V'~ ) \ ~/",\ .,,": l. -, . \\, ... - \ ~u 1 "_v;? )\" t lv \\ J '1'1 ~ i- ~-\ ~\........-",I) DorAdo 8tudl, P R ./ - ""-----,Of ~:--~~--~ ... 0 " "'" -?~- APPENDIX June C 14 1972 DISC SPEAKING ENGAGEMENTS (In which Treasury or national Office of COlnmerce Participated since approval of Revenue Act of 1971 by Congress) DATE PLACE SPONSORING ORGANIZATION COMMERCE TREASURY Dec. 9 New York International Tax Institute Mr. Rendell Jan. New York International Executives Association Mr. Kauder Jan. 14 Washington Machinery Allied Products Institute Mr. Burt, Mr. Cole J2n. Washington American Mining Congress Mr. Cole San Francisco Regional Export Expansion Council (REEC) and SF World Trade Club Mr. Burt Mr. Burt ~~ 4 18 on. 26 Mr. Trav3.g1ini J;, n. " 27 LCi3 Ang81es Los Angeles Bar v' .: 8 La:) ."I.ngeles PBEC, International 'l'l:c:de CJ'Jb ':"'03 Mr. Cohenl\1::-. Ange:es, Foreism 'Ix ade i,ss;'. o.~ So. accompanied Cal.if. 1 Export l\lanageL:3 ASSn. o~ by Mx. B1.1rt So. Ca:if.~ Mayor's Econoroic DevelopmerIt Board, Les Angeles Chamber. of Conunerce 1; ") \ ~ '1 . F,'... ) Fe :) • F0' ') < Fe ' I . ~'2b , .: '..~. (' ,~ ASsGcj~tion Tra\T}:~~iii Bou:=;t.on :REEC and local o.cganiz,ations Mr. Kauder Mr. Wagrle.c Di',l:ias Southern Methodist University Mr. Cole/ Mr. Kaude::: l'1,~ Commerce Textile Group Mr. Pa tri cJ< Jntern~tional Mr. McSweeny ,:rt.on 'I::.i S " I :\)2'1,7 1. o l k '~~' " ~ ~'j ~~ ll"<F ('-, :. <jto:n ~ Tax Institute Business International Mld-South Expo~ters Roundtable Mr. Hi cJ<:£nc.:: /V;, 0 . '~I\/ -:to"r.iG ~~ Co 1e;, Mr. PatricK/Mr. Silve~::-stcLlE Mr. McSweeny Mr. Free • b 'IF Feb. J ~~nc~nna_1 REEC and :ocal organizations Mr. McSweeny Mr. Free Chicago International Trade Club Mr. Hickman Feb. 10 - C::', . ~. PLACE DATE ~-, <; SPONSORING ORGANIZATION TREASURY 1 CO.>L\,1ERCE ( Feb. 15 New York International Tax Association Mr. Feb. 16 Cleveland Cleveland World Trade Club Mr. Cole/ Mr. GoldvJag r'eb. 1- -I New York Textile Society Mr. Kauder Feb. 17 Philadelphia REEC and local organizations Mr. Burt Mr. Feb. 17 Kansas City REEC and local organizations Mr. Goldwag Mr. l"7agner Omaha Dept. of Commerce Field Office Feb. 18 Feb. 18 St. Paul Minneaplis kEEC Feb. 22 l-\lbany, N. Y. Greater Albany Chamber of Commerce Mr. Burt Hr. Free Feb. 23 Syracuse Syracuse Chamber of Commerce Mr. Burt Mr. Free Feb. 23 hl ashi ngton, D.C. National Association of Manufacturers (NAM) Messrs. Cohen/ Cole & McSweeny Feb. 24 Pittsburgh International Co~~ittee of Chamber of Commerce Mr. Patrick Feb. 24 Chicago Mr. Burt Feb. 28 \vasrn~rc~ton , Ill. Dept. of Bus. & Economic Development Tax Executives Institute (TEl) Mar. 1&2 New York World Trade Institute Messrs_ Feb. 17 st. (WTC) Paul Chamber of Commerce Patrick Mr. vlagner Mr. \-vagner Mr. Goldwag M,J;", Goldwag Mr. Cole. ~olel .'.: r. Patrlc~ Mid-American World Mar. 2 Milwaukee Milwaukee Int'l Trade Club Mr. B::r~ Mar. Seattle REEC ~:t". E- 2 3 T~ade Instit. Mr. Co·""';e r;. Chicago Mar. Travaglini C".' .<y -= ~:. 2. 'J a. g ~. : 1 ~VJ.VlJ."}.X;.t<.Cl!; Mar. Mr. Travagl.i.ni. Portl.and REEC Mr. Mar. 6 Palo Alto Western Electronics Manufacturers Association (WEMA) Mr. Burt fv'I,')r. 7 Raleigh REEC Mr. Kauder Mar. 7 rl-:loe~_ix Vl7EKA. Mr. Burt Mar. 7 WasL.:;"ngton, D,C. Electronics Industry Association Mr. Cole Mar. 8 Greer,vi lie REEC and local organizations Mr. Kauder Mur. 8 Sc'n Diego WEMA Mr. Burt Mar. 9 Atlarta ?EEC; International Council of AL:.ant.a ChaxnbEr of Commerce Mr. Cole Mar. S;:H: ·ta AnA ~\lT;lviA Mr. Burt Mar. 10 Savannah REEC Mr. Cole Mar. 10 Buo;."bank WEMA Mr. Burt Mar. 14 Allentown Lehigh V,1.' Fort Wayne Fort Way·· Mar. 14 Santa Barbara Aerospace Ind. of America Mar. 15 Indianapolis Indiana WTC, Indianapolis Chamber of Commerce Mr. Burt Mr. Free 16 Rock Island/ Moline, III. Quad-Cities Chamber of Commerce Mr. Burt Mr. Free Mar. 16 New Orleans REEC' s, Chamber of Cor;unerce Messrs. Hickman Mr. Goldwag :< .. 1 • Cedar Rapids Cedar Rapids, WTC Mr. Bu:-t '\~ ~y • Detroit A~tomotive Mar. Mar. 6 9 14 1 -: E 1..2:' v.JT~ Chamber of Commerce Orig, Eqpt. Mfgrs. Patrick Mr. Wagner Mr. Wagner Hr. Waqner Mr. Wagner Mr. Goldwag Mr. Burt Mr. Free Mr. Travaglini \~ Travaglini~~ Mr. Free Mr. 'i,,;jasne.' ['LACE 1)1\'l'L TREASURY SPONSORING ORGANIZATION COMlVi 1: [-tel': --- -------=----=- jVlr. 'l'dvac; 1 j I'-1r. Free Mr. Travaglini Burt Mr. Travaglini Mr. Rendell Mr. Wagner Mr. Cole Mr. Wagner Mr. Goldwag Mr. Wagner Mr. Travaglini Mr. Travaglini Mr. Travaglini Mr. Wagner Mr. Kauder l'1o.r. 21 Little" Rock Arkansas Exporters Roundtable, Chamber of Con@erce Mar. 21 New York Seaboard-World Airlines Mar. 22 Denver Int'l Trade Assn., REEC Mr. Mar. 23 Nashville REEC, Chamber of Commerce Mr. McSweeny Mar. 23 St. Louis REEC Mr. Mar. 24 Ann Arbor Univ. of Michigan and Detroit office Mar. 27 Boston New England WTC, Mar. 28 Newark REEC ]V\.ar. 28 Washington, D.C. Union-Shell Gil Mar. 29 New York N.Y. Mar. 30 New York Mar. 31 Apr. REEC Patrick Mr. Cole American Paper Institute Mr. Cole Richmond Richmond Export-Import Club Mr. Rendell 5 Washington, D.C. Conunerce Orientation Apr. 7 Miami N.A.M. Mr. Patrick Apr. 7 Ann Arbor Inst. of Cont. Legal Education Univ. of Michigan Mr. Kauder Apr. 10 Las Vegas Practicing Law Institute Mr. Patrick Apr. 11 Jacksonville REEC Mr. Free Apr. 12 Orlando REEC Mr. Free Chapter TEl (PLI) 11 j DATE PLACE SPONSORING ORGANIZATION TREASURY COMMERCE Apr. 13 Tampa REEC Mr. Free Apr. 14 St. Petersburg REEC Mr. Free Apr. 14 Washington, D.C. Govt. Adv. Committee on Int'l Book & Lib. Programs Mr. Travaglini Apr. 19 Philadelphia Foreign Traders Assoc. Mr. Travaglini Apr. 20 Washington, D.C. Federal Bar Association Apr. 24 Dorado Beach, P.R. American Business Press, Inc. Apr. 25 Bergen County, N.J. local Chambers of Commerce Mr. Goldwag Apr. 25 Miami PLI Mr. Cole Apr. 27 Colorado Springs Wester.,l In t' 1 Trade Group Mr. Travaglini Apr. 27 Washington, D.C. Copper Mr. Wagner Apr. 27 New Orleans Miss. Apr. 29 Los Angeles May 4 New York USC & FEderal Tax Publications, Tax Executives Institute PLI May 5 Scottsdale National Machine Tool Builder's Association May 8 Chicago Design Engineering Convention Mr. '}.Ta'lag~_i.ni May 10 Baltimore Maryland Nat'l Bank Mr. ?'rE-e May 11 Birmingham 1st Nat'l Bank of Birmingham .'·1r. :'rcvag.l. ; ni May 11 Dallas Southern Methodist U. Inst. of Cant. ED. Mr '>Jagner I, Messrs. Patrick/ Kauder Mr. Travaglini Erass Fabricators V~llay WTC Mr. Wagner Mr. Burt Mr. Patrick Mr. Patrick Mr. Rendell 0 DATE PLACE SPONSORING ORGANIZATION TREASURY COMMERCE Mr. Free May 12 Chicago Meat Packers Eqpt. Assoc. May 18 Memphis Southeast REEC May 19 Beaver Fall.s Geneva College Mr. Travaglini May 23 St. Joseph Michiana WTC Mr. Travaglini May 25 San Antonio Houston, Texas - Dept. of Corom. Field Office Mr. June 8 Grand Rapids, Michigan World Trade Conference Mr. Burt June 9 Mobile International Business Forum Mr. Rendell· Mr. Rendell Hr. Travaglini Travaglini Mr. Travaglini The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 16:. 1972 u.S. TO HOST CUSTOMS INVESTIGATIVE SERVICES MEETING IN 1973 Eugene T. Rossides, Assistant Secretary of the Treasury, announced today that the Customs Cooperation Council has accepted the United States invitation to hold a meeting of the Customs Investigative Services of its members in the United States in the fall of 1973. Mr. Rossides also reported on this year's annual meeting of the full Council in Brussels, Belgium, June 5-9, 1972, at which delegations representing more than two-thirds of the 67-nation membership were present. He said the United States was particu1ary interested in implementation of the 1971 Council recommendation that nations exchange information on the persons, methods, and kinds of drugs used in the illicit traffic in narcotics and similar substances. Mr. Rossides noted that this year's Customs Investigative Service meeting in Bonn, Germany, which covered narcotics smuggling, gave particular credit to the Council for the initiative it had shown in adopting the narcotic drug information exchange recommendation. Mr. Rossides praised the recent anti-narcotic efforts of the French Government and other member nations. He added th3t} "The success of the Bonn meetinr, pointed out the need for holding such meetings annually. ' Mr. Rossides also brought attention to the need for intensified cargo security measures to stop the pilferage of cargoes. During the meeting the United States signed the Customs Convention on the International Transit of Goods (ITI Convention) subject to ratification by the Congress. This convention is expected to facilitate the movement of goods under Customs control, particularly goods in containers. 8-3 (OVER) - 2 - A draft recommendation of the United States designed to facilitate the Customs treatment of lighters or barges carried on LASH-type ~hips, originally introduced by the United States, was adopted w1thout amendment. Mr. Rossides also announced that his Special Assistant, Robert V. McIntyre, had been elected Chairman of the Council's Finance Committee for the corning year, as well as Vice Chairman of the Permanent Technical Committee. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 16, 1972 WITHHOLDING OF APPRAISEMENT ON 30-POUND MF (MACHINE FINISH) KRAFT WRAPPING PAPER FROM CANADA Assistant Secretary of the Treasury Eugene T. Rossides announced today the withholding of appraisement of 30-pound MF (Machine Finish) kraft wrapping paper from Canada pending a determination as to whether this merchandise is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended (19 U.S.C. 160.& ~.). This Canadian heavy duty paper is used for making gummed paper tape. Under the Antidumping Act, the Secretary of the Treasury is required to withhold appraisement whenever he has reasonable cause to believe or suspect that sales at less than fair value may be taking place. A final Treasury decision in this investigation will be made within three months. Appraisement will be withheld for a period not to exceed six months from the date of publication of the l~ithho1ding of Appraisement Notice" in the Federal Register. Under the Antidumping Act, a determination of sales in the United States at less than fair value requires that the case be referred to the Tariff Commission, which would then consider whether an American industry was being injured. Both sales at less than fair value and injury must be shown to justify a finding of dumping under the law. Upon a finding of dumping,a special duty is assessed. The total value of 3D-pound MF (Machine Finish) kraft wrapping paper imported from Canada during the period January 1971 through December 1971 amounted to approximately $640,000. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 June 19, 1972 FOR IMMEDIATE RELEASE ANTIDUMPING INVESTIGATION INITIATED ON ELECTRONIC CERAMIC PACKAGES AND PARTS THEREOF FROM JAPAN Assistant Secretary of the Treasury Eugene T. Rossides announced today the initiation of an antidumping investigation of imports of electronic ceramic packages and parts thereof from Japan. These small ceramic chambers serve as a housing for integrated circuits and provide a protective shield against heat and detrimental atmospheric conditions. Mr. Rossides' announcement followed a summary investigation conducted by the Bureau of Customs after receipt of a complaint alleging that dumping was taking place in the United States. The total value of electronic ceramic packages and parts thereof imported from Japan during the period from January 1971 through December 1971 amounted to approximately $2 million. /I II if The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMED lATE RELEASE June 19, 1972 TREASURY ISSUES COUNTERVAILING DUTY PROCEEDING NOTICE ON CERTAIN FOOTWEAR FROM THE REPUBLIC OF KOREA Assistant Secretary of the Treasury Eugene T. Rossides announced today the issuance of a countervailing duty proceeding notice covering certain footwear from the Republic of Korea. The notice states that the Treasury Department has received information which raises a question as to whether the Republic of Korea makes certain payments, bestowals, rebates, or refunds upon the manufacture, production, or exportation of certain footwear, which constitute the payment or bestowal of a "bounty or grant" within the meaning of the U.s. countervailing duty law. If Treasury finds that a bounty or grant has been paid or bestowed, the imports in question would be subject to an additional (countervailing) duty equivalent to the net amount of the bounty or grant. Footwear covered by the proceeding notice includes footwear commonly referred to as sneakers, or tennis shoes, a technical description of which is contained in the attached Countervailing Duty Proceeding Notice. The notice invites submission of comments in time to be received within 30 days from the date of publication in the Federal Register. It is scheduled to be published on Tuesday, June 2 0, 19 72 . If the Treasury Department finds that bounties or grants are being paid or bestowed within the meaning of the countervailing duty law, it will issue a countervailing duty order proclaiming the amount of countervailing duties to be assessed on imports of certain footwear from the Republic of Korea. The countervailing duty would become effective 30 days after publication of the order in the Customs Bulletin. During the period January 1971 through December 1971, imports of the footwear from the Republic of Korea covered by the proceeding notice totaled approximately $23 million. 000 DEPARTMENT OF THE TREASURY BUREAU OF CUSTOMS CERTAIN FOOTWEAR FROM THE REPUBLIC OF KOREA NOTICE OF COUNTERVAILING DUTY PROCEEDINGS Information has been received pursuant to the provisions. of section l6.24 (b) of the Customs Regulations (19 CFR 16.24 (b» which raises a luestion as to whether certain payments, bestowals, rebates, or refunds ~anted by the Republic of Korea upon the manufacture, ·production, or !xportation of footwear (except footwear having uppers of which over 50 ~rcent ~ight of the exterior surface is leather) which is over 50 percent by of rubber or plastics, or over 50 percent by weight of fibers and :ubber or plastics with at least 10 percent by weight being rubber or )lastics, classifiable in item 700.51, 700.52, 700.53, 700.55, or 700.60, ~ariff Schedules of the United States, constitute the payment or bestowal )f a bounty or grant, directly or indirectly, wi thin the meaning of section 103 of the Tariff Act of 1930 (19 U.S.C. 1303) upon the manufacture, pro- Illction, or exportation of the merchandise to which the payments, bestowals, :ebates, or refunds apply. The approximate amount of the payments, bestowals, rebates, or refunds ~plicable to footwear from the Republic of Korea covered by this notice as not been determined or estimated. After the expiration of the time limits set forth in this notice, a ~teTmination will be made whether a bounty or grant is being paid or be- itOlved in connection with any such manufacture, production, or export. If .t is determined that a bounty or grant is being paid or bestowed, an lpprupriatc countervailing duty order will be issued and published in ~Cordance with section 16.24 of the Customs Regulations (19 CPR l6.24). Before a determination is made, consideration will be given to any rele- J\t ,1J.tu, views, or urgurnents submitted in writing with respect to the xistence or nonexis tence, and the net amount of a bounty or grant. 2 Submissions should be addressed to the Commissioner of Customs, 2100 K Street, N.W., Washington, D. C. 20226, in time to be received by his offic not later than 30 days from the date of publication of this notice in the Federal Register. This notice is published pursuant to section l6.24(d) of the Customs Regulations (19 CrR l6.24(d». ;5:~~~ Aoting Commissioner of Customs Edwin F. Rains JUN 1 5 1 72 // i1 Approved;/, ,/ . 7" I , J ~c;~~L-i (}1~t.. Eugene T. Rossidcs 1 #' ;..~ / .' '- Assistant Secretary of the Treasury The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 19, 1972 TREASURY'S MONTHLY BILL OFFERING The Treas"ry Departmen.t) by this public notice, invites tenders for two series of lreasury bills to the aggregate amount of $ 1,700,000,000, or thereabOllts, fnr cash and in exchange for Treasury bills maturing June 30, 1972, in the amount of $1,700,805,000, as follows: 274-day bills (to maturity date) to be issued June 30, 1972, in the amount of $500,000,000, or thereabouts, representing an additional amount of bills dated March 31, 1972, and to mature March 31, 1973 (CUSIP No. 912793 PV2) originally issued in the amount of $1 , 200 , 810 , 000 , the additional and original bills to be freely interchangeable. 365-day h;lls, for $1,200,000,000, or thereabouts, to be dated June 30,1972, and to mature June 30,1973 (CUSIP No. 912.793 PY6). The bill~ of both series will be issued on a discount basis under competitive an(~ noncompetitive bidding as hereinafter provided, and at maturity their face amount will be payable without interest. They will be issued in benrer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the clOSing hour, one-thirty p.m., Eastern Daylight Saving time, Friday, June 23, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must be for a minimum of $le,OOO. Tenders over $10,000 must be in multiples of $5,000. In the case of competitive tenders the price offered mu~t be expressed on the basis of 100, with not more than thcee decimals, e.g. 99.925. Fractions may not be used. (Notwithstanding the fact that the one-year bills will run for 365 days, the discount rate will be computed on a bank discount basis of 360 days, as is currently the practice on all issues of Treasury bills.) It is urged that tenders be ~de on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. - 2 - Banking institul ill[1S generally may submit tenders for account of customers provided the 1-,1,1:t?S of the customers are set forth in such tenders. Others thar. \'Jnking institutions will not be permitted to submit tenders e~cept j0r their own account. Tenders will be received without deposi t ~ rO::1 ir,-~ orporated banks and trus t companies and from responsible arj recugni zed dealers in invesbment securities. Tenders from others ITlU~~ T be accompanied by payment of 2 percent of the face amount of Trea~ Iry bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank or trust company. Immediatelv lfter the closing hour, tenders will be opened at the Federal Reserve :,qnks and Brai.lches, following which public announcement will be made by : :le Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or re;ection thereof. The Secretary of the Treasury expressly reserves the right to accept or reject any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three decimals) of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on June 30, 1972, in cash or othl r immediately available funds or in a like face amount oj Treasury bill~ ,naturing June 30, 1972. Cash and exc hill. ~',e tend et"s will rec ei ve equal t reatmen t. Cash adjustment will be made 1 ' differences between the par value of maturing bills accepted in ex llange and the issue price of the new bills. Unde r Sec [ions 454 (b) and 1221 (5) a f the lnte rnal Revenue Code oj 1954 the amount of discount at which bills issued hereunder are sold is considered to accrue when the bills are sold, redeemed or otherwise disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price paid for the bills, whether on original issue or on subsequent purchase, and the amount actually received either upon sale or redemption at maturity during the taxable year for which the return is made. Treasurv Department Circular No. 418 (current revision) and this notice, prec:'- ibe (he terms of the Treasury bills and govern the conditions of their issue. Copies of the circular may be obtained from any Federal Reserve Bank or Branch. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 l"J'UH'ION: FINANCIAL EIHT(;I, )l{ HEL~:A~:~; 6: 30 P.M., June 19, 1972 RESULTS OF 'l'REASURY I S WEEKLY BILL OFFERING '1118 'l'rcaGury [:epartmcnt announcP(1 that the tenders for two series of Treasury illr;, onp series h) b8 an additional i.ssue of the bjlls dated March 23, 1972 ,1U1d lC other series to he dated June 22, 1972 , which were offered on June 13, 1972 :rr opened at the Federal Reserve Banks today. Tenders were invited for ;p2,300,000,000 , Lhcn~abouts, of ~11 -day bills and for $1,800,000,000 or thereabouts, of 182 -deW ilL:>. The details of the two series are as follows: rvlGI~ OF ACCEPTED (:llPF;TITIVE: RIDS: 91 -day Treasury bills maturing September 21, 1972: Approx. Equiv. Price Annual Rate 99.016 99.000 99.008 High Low Average 182-day Treasury blils maturing December 21, 1972 Approx. Equjv. Price Annual Rate 4.308% 4.340% 4.328% 97.822 97.806 97.812 3.893% 3.956% 3.924% 32% of the amount of 91-day bills bid for at the low price was accepted 8% of the amount of 182-day bills bid for at the low price was accepted UTAL TENDERS API'iJIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: Di:;trict Boston New York Philadelphia Cleveland Riclunond Atlanta Chicago St. Louiz lHnneapolis Kansas City Dallas San Francisco TOTALS A12121icd For 25,135,000 2,903,140,000 15,760,000 22,405,000 12,335,000 53,325,000 263,790,000 41,475,000 26,105,000 35,230,000 31,960,000 163,035,000 J $ 3,593,695,000 AcceEted $ 8,135,000 1,870,240,000 15,335,000 22,405,000 7,335,000 35,180,000 148,090,000 32,255,000 13,545,000 25,165,000 10,960,000 111,625,000 $ 2,300,270,000 ~ ~lied For 21,015,000 2,659,835,000 23,935,000 34,695,000 10,290,000 43,450,000 280,995,000 30,435,000 23,780,000 25,785,000 31,520,000 134,405,000 $ 3,320,140,000 Acce12ted 1,745,000 1,558,215,000 3,655,000 13,540,000 4,990,000 17,635,000 109,095,000 21,705,000 6,660,000 12,545,000 9,420,000 41,195,000 $ $ 1,800,400,000 £I Includes ~ 180,135, 000 noncompetitive tenders accepted at the averaGe price of 99.008 Includes :t 102,445,000 noncompetitive tenders accepted at the average price of 97.812 These rates are on a bank discount basis. 1he equivalent coupon issue yields are 4.02 %for the 91 -day bills, and 4 .49 % for the 182 -day bills. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE UPON DELIVERY REMARKS OF EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS) before the NATIONAL CARGO SECURITY CONFERENCE STATLER HILTON HOTEL WASHINGTON, D. C. June 20, 1972 9:30 a.m. THE NIXON ADMINISTRATION'S PROGRAM TO COMBAT THEFT OF INTERNATIONAL CARGO IS SUCCEEDING Mr'. Chairman and distinguished guests: The Nixon Administration, I am pleased to report, has made substantial progress during the last year ~n the fight to curb cargo theft. In my judgment, we have turned the tide in the drive mounted by Treasury's Bureau of Customs against those who prey upon international cargo at our nation's seaports and airports of entry. I also believe that the Interagency Committee on Transportation Security has made substantial progress in determining the precise nature and extent of this problem. Early in this Administration, President Nixon directed .an all out drive against drug smuggling and organized crime. These became Treasury's highest priorities in the area of law enforcement. It became evident in 1969 that the long-neglected problem of cargo theft fell into both these priority areas, and Treasury therefore developed an action program and charged the Bureau of Customs with implementing it. - 2 -- The Treasury program has two main thrusts--deterrence of theft by intensifying our law enforcement efforts and prevention of theft by improving the security of goods in Customs custody. The Law Enforcement Program Early last March the Treasury Department through its Bureau of Customs initiated an intensified national enforcement effort to crack down on cargo pilferage. The results to date have been promising: --nationwide 280 individuals have been apprehended on cargo theft charges. Over one half of these individuals have been or will be prosecuted. --we recovered cargo valued at over $268,000. --we also apprehended individuals for violations of narcotics and firearms laws, as well as theft of merchandise in violation of local laws. In the latter case, local police, with our cooperation, recovered merchandise valued at over $150,000. On the west Coast, where our efforts were closely coordinated with the Department of Justice and the local U. S. Attorneys, petty pilferage in many ports has been brought to a virtual halt. There is a close relationship between this antitheft program and Customs other law enforcement missions. For example, last October Treasury agents in Miami seized a 66 pound heroin shipment from South America. Subsequent investigations in this case led to the uncovering of a ring of cargo thieves several of whom were employeE of a major u. S. airline. In another case in the same citYI Customs Patrol Officers on a routine cargo security patrol last April spotted a ship's crewman acting suspiciously on a dock. They stopped the vehicle he had entered and searched it. A suitcase containing $2.5 million worth of heroin was found and the crew member and two other persons in the car were ar~~sted. This particular case came to the attention of President Nison who person n :1.? commended the officers involved fer their ~lertness. In New York, Treasury agents working with the New :lork City Police Department were able to crack two - 3 - truck hijacking rings, arrest a total of eight individuals and recover two truck loads of electronic equipment and general merchandise valued at $105,000. Investigation is continuing to determine the role of organized crime in these hijacking cases. These cases illustrate that this stepped-up enforcement campaign ties in closely with our fight against drug smuggling and organized crime. However, its principal goal is to put the brakes on petty thievery, which when mUltiplied over and over again, constitutes an insidious and dangerous drain on the flow of American commerce. We believe that this program has produced an increased awareness of our presence at ports of entry, and is therefore having a significant deterrent effect. Treasury will continue to take positive action to apprehend the criminals who prey on our vital transportation system. I am particularly gratified to report that in some ports the longshoremens union has specifically advised its members that theft and pilferage will not be condoned. This is significant because more than anything else we must have a moral climate in which cargo theft and pilferage are condemned as the criminal acts they are. The Preventive Program Treasury·s preventive program consists of several separate but closely interrelated action areas. 1. We issued new regulations requiring improved security for high-risk cargo, and reporting of loss data by commodity and location. 2. We initiated pilot security programs in New York, San Francisco, and Oakland to demonstrate that the adoption of a few basic security measures can effectively produce major theft reductions. At J.F.K. International Airport, the only pilot proqram in operation long enough to assess results, the dollar value of stolen goods has dropped from $3.4 million in 1969 to $568,000 in 1971, a decline of 83%. This trend has continued to date. In the first five months of this year there have only been 86 reported instances of theft and the total value of merchandise stolen was only $192,000. To put these figures in context you should know that - 4 cargo valued at an e$timated $10.5 billion passed through J.F.K. in 1970, up 20% from the year before. It is also significant that there was not a single armed robbery of a cargo terminal, and thp.re was not one hijacking of an airline cargo truck during 1971. (Source: Port of New York Authority and Airport Security Council.) Treasury, on beh~lf of the Administration, proposed legislation to Congress which would give Customs the additional tools it needs to combat cargo theft and pilferage effectively. The passage of this legislation, known as the Customs Port Security Act (5. 1654, the Bennet bill and the identical H.R. 8476, the Mills-Byrnes bill) would, in my judgment, result in the reduction of cargo theft to a minimum at all airports of entry throughout the United States within 6 months to one year and a substantial reduction of ca: theft at all seaports of entry within one year. 3, 4. We published and distributed to all carriers and terminal operators handling international cargo a listing of recommended physical and procedural cargo security standards. These standards are being implemented by industry and we expe that they will produce a marked reduction in cargo theft at all 296 ports of entry. 5. Treasury headed up the IeOTS working group which drafted the Guidelines for the Physical Security of Cargo, published by the Department of Transportation. This handbook is a comprehensive treatment of the topic of physical security and should prove invaluable for the entire transportation industry. Industry Cooperation We have been generally gratified by the receptive and cooperative spirit of the cargo handling industry and its leaders. Significant gains have been registered in many vita areas of cargo security. We are optimistic about the future. For example, look what happened at Providence, Rhode Island, after we initiated our programs: --formerly open cargo pier areas have now been completely enclosed with a la-foot high wire fence topped with barbed wire. --new gates have been strRtegically located for better monitoring and access control. --new regulations on parking have barred private vehicles from cargo areas. - 5 - --security personnel have been assigned to all cargo handling areas. --a special secure cargo area was added to Providence's Theodore Green Airport. Our experience at Providence has been repeated at terminals in Norfolk, Virginia; Baltimore, Maryland; Chicago, Illinois; and St. Thomas, Virgin Islands, just to name a few ports. The pattern generally includes the upgrading of personnel security measures; improvements to physical facilities, such as the addition of new fencing and lighting; and a significant increase in the awareness of terminal managers of the importance of proper and effective cargo security. And, of course, where we find facilities that do not comply with Customs mandatory cargo security regulations we are taking appropriate action to obtain compliance--including, if necessary, and so far it has not been necessary, declining to issue permits to unlade merchandise at these facilities. Personnel Security Measures Our experie~ce at many airports and seaports is that personnel security measures are not as effective as they should be. An IeOTS working group headed up by the U. S. Postal Service has studied this problem and reached the same conclusion. It is convinced that employee theft and pilferage constitutes a significant element of the cargo theft problem and that the majority of cargo losses incurred are going out the front door. Adequate screening of prospective employees is one of the most important and underutilized measures available to control cargo theft. With respect to bonded cargo, customs Office of Investigations conducts background checks on all applicants for Customs licenses, permits or ID cards. The ICOTS working group is making an inventory of existing statutes and regulations and will report whether there is a need for additional legislation or regulations in this area. However, transportation management should become aware of the magnitude of the problem and of the remedies presently available to them. The problem can no longer be ignored. - 6 Loss Reporting Programs It is no secret that about a dozen commodities are involved in the vast majority of cargo thefts. TV sets, especially color models, clothing, alcoholic beverages, jewelry, watches, and similar high value items are most frequently the targets for thieves and pilferers. The Bureau of Customs has been moving ahead with its computerized cargo accountability program. The goal, of course, is to obtain an accurate composite . picture of the national cargo theft and pilferage situation. What we don't know yet with the desired accuracy is which item is the most likely target at what port. This knowledge, combined with other information we expect to have, will direct us along the lines offering the most productive results. I don't have to tell you how important industry cooperation is in an effort like this. I must point out that Customs has been experiencing difficulty in obtaining the information we need from some carriers and we are having to assess penalties against those not complying with our regulations. I sincerely hope that will become past history. The important and significant point is that we are now moving forward, and in the months ahead we expect to receive much valuable information, not only from Customs, but from the loss reporting systems set up by FMC, ICC, and CAB. For the first time we should be able to obtain an approximate fix on the dimensions of this problem and be able to deploy the Federal Government's limited resources accordingly. I use the term "approximate fix" advisedly because I know from our own experience that it takes time to bring these loss reporting systems to an acceptable level of accuracy. However, I am sure that once industry understands the need for this vital data, and the use to which it will be put. we will be able to achieve that goal. - 7 conclusion Treasury's programs reflect the deep concern of the Nixon Administration in stopping organized crime, narcotic trafficking, and related criminal activities, such as cargo theft and pilferage. For organized crime, cargo theft is a lucrative enterprise. This is particularly true at large deepwater ports and international airports. For the drug smuggler--and I mean primarily the professional operator--cargo theft can mean far less risk of detection. If a package containing narcotics can be removed before entry is made, there is no fear of the rigorous cargo inspections now being made in connection with Customs anti-narcotics program. Industry has the prime responsibility for combatting cargo theft. Government must do its best to assist. That was the key to success at JFK Airport. customs helped develop a few common sense rules on physical and procedural security and saw to it that all airlines participated. The airlines--unuer the guidance of their own AirpQrt Security Council--then pitched in with determination to implement the protective measures needed at each terminal. This is the sort of venture that succeeds. While the Treasury program focuses primarily on international cargo problems, it is certain that the result is improved security for the large amounts of domestic cargo flowing through or temporarily stored at the same cargo terminal facilities. Furthermore, the measures we are urging as a minimum response to this problem are equally applicable to terminals handling domestic cargo. Indeed, ICOTS is recommending that our physical security standards be adopted by cargo operators throughout the country. Many avenues of effective action are open to government and industry. Some of them have been explored and found productive; others remain to be investigated. The opportunity to act is ours. Now is the time. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 20, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of ~,100,OOO,000, or thereabouts, for cash and in exchange for Treas.ury bills maturing June 29, 1972, in the amount of $4,106,070,000, as follows: 91-day bills (to maturity date) to be issued June 29, 1972, in the amount of $2,300,000,000, or thereabouts, representing an additional amount of bills dated March 30, 1972, and to mature September 28,1972 (CUSIP No.912793 PEO \ originally issued in the amount of $1,804,905,000, the additional and original -bills to be freely interchangeable. 182 - day bills, for $1,800,000,000, or thereabouts, to be dated June 29, 1972, and to mature December 28, 1972 (CUSIP No. 912793 PS9). The bills of both series will be issued on a discount basis under competitive and noncompetive bidding as hereinafter provided, and at maturity their face amount will be payable without interest. They will be issued in bearer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturity value). Tenders will be received at Federal Reserve Banks and Branches up to the closing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, June 26, 1972. Tenders will not be received at the Treasury Department, Washington. Each tender must qe for a minimum'of $10,000. Tenders over $10,000 must be in mU1tip'tes of $5,000. In the case of competitive tenders the price offered must be expressed on the basis of 100, with not more than three decimals, e.g., 99.925. Fractions may not be used. It is urged that tenders be made on the printed forms and forwarded in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions generally may submit tenders for account of Customers provided the names of the customers are set forth in such tenders. Others than banking institutions will not be permitted to - 2 submit tenders except for their own account. Tenders will b~ recei~( without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders from others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are 8CCu;:1r;J2r: by an express guaranty of payment by an incorporatec b&[~k ;)r t ::-:~" ~ company. Imrnediately after the closing hour'~" tell~et:"s will b~ (Jpel'::-J ,;t. c~. Federal Reserve Banks and Branches, following V-' hich public annnu;)ce:!.L'! will be made by the Treasury Department of thE amount and price ran~_ ac::::epted bids. Only those subr:,itting competitive tenders \',:Ll be advised of t:-i€ acceptance or rejection thereof. The SecretDry of thl Treasury expressly reserves the right to accer·t or re~ect any or all tenders, in ~hole or in part, and his action in any such resppc[ shal be fin3.1. S:Jbject to these reservations, noncompetitive tenders to: each issue for 5200,000 or less without stated price from anyone bidder will be accepted in full at the average price (in three ~eci~a of 2ccept2d c:x."?ecitive bids for the respective issues. Settltdlenr ,', ace ep ted terlJe r" in ace ordance with the bids mus t be made or c omplt':2 at the Yedera: ~eserve Bank on June 29, 1972, r in cash Of othe - immediately available funds or in a like face amount Treasury bill,: L~atl~.ring June 29, 1972. Cash and exchange tend will ~ecei'Je e::'[''':'.Jl t:.r2atment. Cash adjustments ~vill be made for diff~rence3 ~etvp2i. (he par value of maturing 6ills accepted in excilange and t:w i:;SLlC' price of the new l)ills. c': 1 4.54 (b) and 1221 (5) of the lnternal Revenue ~.,:" of J..l:~,-+ t"-l :111':1""' .•~ 'J[ discount at which bills issued hereunder arE ~o 18 c...:":~:':'~E;__ E:"_~ ::.. ' >,,::;~:11e when the bills are sold, redeemed or othenvls Lli:o:p.Jst'c! (\L. L:~J tllE Gills are excluded from consideration as ca:lital aSSUE . : _ cC~:~_.i,--lV, t:. 1i f lif,'rH:" Treasury bills (other t-han life insd::c=:nce cC',:_'1"iL''') i:;s~Jc'ri :~lereunder must incluch' in his i[1cC'.;,e tax re:_ll:'-:" Cl:C c··~:;'c1L\r gaL. . ;)r loss, the differenc(-' bet\.Jpu1 the price i)a fo~' ~':l( bl~'L'~ , v tfC'.or en ,),.-:q;inal issue or on subsequent purchase, c: thE: a~wu[',t 3ct'-":.:1 Lv [E:.CE'l.'Jcc! either upon sale or redemption at maturi d~ring the Lax~~le year for which th~ return is maae. ·[.,~2:· ')htic.·i1S Tr,)c~,:;;,".' [)qartment Circular No. 418 (cllrrent revision) .?r,,1 t\i' nc~~(~e. :-'!"f'::3cr~(':: t:,e teems of the Treasury t.iL~' a;:c' govern t:l(? coodj~:on~i:' c:~ej r lSSL~e. Copies of tiiF" cicc.• L3t" mav bf': cbtainec. : an v Fede r a ~ ~,l', ;:,ve FAnk or Branch. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 AN ADDRESS BY THE HONORABLE JOHN B. CONNALLY FORMER SECRETARY OF THE TREASURY BEFORE THE INSTITUTE OF DIRECTORS SYDNEY, AUSTRALIA, TUESDAY, JUNE 20,1972 AT 2400 GMT Your Excellency, President Robert Chrichton-Brown, distinguished guest speakers, members and guests of the Institute. May I first express my deep appreciation to your president for his gracious introduction. May I next assure you that I come as a debtor and not as an owner. And thirdly, may I say that I am very grateful for the opportunity to appear before such a distinguished group of citizens at this particular moment in time. I wish each of you here could know the great thrill and the great feeling of satisfaction that I have in being in Australia. Being a boy of most modest means -- being reared in South Texas -- I assure you that one of my lifelong ambitions was to come to Australia to see this magnificent country and its wonderful people, and to feel a part of it, the growth and expansion, the vitality and the strength. And now I have that great privilege and I assure you that it's the fulfillment of a life's dream and not in any sense a disappointment, because I liken the development of this great land by the strong people in so many ways to the development of my own nation. We started as an agricultural, emerging into a manufacturing and a industrialized nation of tremendous economies of the world. You are in same. pastoral society, mining nation, an impact throughout the the process of doing the - 2 - Just a few short years ago, in the memory of each of you in this room, you were indeed basically an agricultural and a pastoral society. But in the past generation you have made enormous strides in becoming an industrialized nation in the world. His Excellency has just pointed out that your accumulation of reserve assets has reached the point of approximately three and a half billion dollars at the present time. You're trading around the world. Your trade is truly a global economic matter. And it is this very change that has been so much a part of Australian history that brought about the incidents of August 15th in the United States last year. Let me very quickly try to paint a broad picture of what had happened in the preceding quarter century. When the Bretton Woods was originally entered into, I think it was fair to say that in the aftermath of World War II, the United States of America stood alone as a great, strong, vital power, with all of its resources intact, with its manufacturing capabilities humming at full speed, with no substantial devastation or wrack or ruin as a part of the landscape of that great land. Substantially every other industrial nation of the world was in wrack and ruin. Eve~y other society that had been a highly productive and industriali~d society was on its knees economically speaking. So, a system was fashioned, and it worked for a quarter of a century. Because the United States had the reserves, it had the vitality; it had the economic strength; it had the political leadership and the military might to make it work. Even by the 1950's, the reserve assets of the United States were in excess of their liquid liabilities. But in the short decade of the 60's that changed, and it changed radically. So by the early 1970's, the foreign asset reserves of the United States did not equal our liquid liabilities, but on the contrary the liquid liabilities exceeded our assets by five to one. So for a decade we had lived under an arrangement as a matter of convenience and, even at times, contrivance between nations, to retain the fiction that the dollar was, in truth and in fact, convertible into gold. It was obvious that with what happened to our trade balances in 1970, and our current account deficits of approximately $10 billion, that we were headed for a crisis with our - 3 - trading partners around the world. If it had been a phenomenon of a short period of time, obviously we could have withstood it. But it was not to be such. The first three months of 1971 reflected a greater deficit than did the first six months of 1970, and we were indeed looking in 1971 and 1972 at the first deficit in our trade balance since 1883. So obviously conditions had changed. The strength that the nation had had, that it shared to the tune of $150 billion with the rest of the world to try to rehabilitate and reconstruct and to rebuild the nations that had been devastated in the Great World War, had in itself finally reached the point where it had depleted its reserves and expended its credit. So obviously a change was in order. The President of the United States at that moment in time recognized that there could not be a rapprochement or a rapport between East and West in terms of military strength, and in terms of peace in this generation in this world, and that it could not be founded at a time when there was such economic and political instability and monetary instability as a part of the world scene. So he took the drastic steps that he did, not alone affecting the economics and the monies of the world, but again affecting most vitally the United States of America. He imposed a Freeze as you all know upon the entire economy -- a radical step for any American President in peace time. We did indeed impose a ten percent surcharge on many imported items into the United States. We did suspend the convertibility of the dollar -- all radical steps by any American President. But it was not for the purpose of creating dissension, or discord, or frustration, or indecision in the minds of our trading partners around the world. It was rather a recognition of a long overdue fact that the system that had been created under Bretton Woods no longer was a structure that would suffice to meet the needs of a changing world, in which the United States stood not supreme but with many peers, many economic peers, in the world. And there are many peers. And there are going to be a great many peers. And we do live in changing times and we live in a changed order. It is the first recognition of that change that - 4 - a wise man makes in trying to restructure the system in order to provide the flexibility that's needed in a changing world. I think it's fair to say that everyone recognizes that today we do have competitors throughout the world, economically speaking. And I think that's great. I think that's good. The United States has long advocated competition, within and without its own borders. And, we do today. I think it's fair to say that the nation of Japan, that a few short years ago was indeed struggling for revitalization of its economy, has today turned into an economic colossus of incredible vitality. It is, I think, recognized today that there is a great move in Western Europe to expand and to consolidate the European Community into a massive economic force in the Free World. And that move has had the support in every way of the United States of America. We have encouraged it. We have contributed to its strengthening. And yet at the same time we paused a bit now and then to wonder if indeed the special trade arrangements that are now being offered, or are already offered to approximately 50 nations around treworld, is indeed what the world had in mind, and what we had in mind, at the time of the encouragement of the creation of the Community. Are we indeed moving towards a series of blocs around the world -- of trading blocs? One of the great fears that comes in the time of indecision is a wave of nationalism. And I think it's fair to say today that there is a wave of nationalism encompassing the minds of men everywhere. It's true on every continent. Everyone is concerned about themselves, about their own well-being, and well they should be. But they also must recognize that if indeed a nation moves to protect its productive capacity, and its productive strengths, it might as well go one step further -- if indeed it wants to be nationalistic and isolationist in character then it might go one step further and assume that they probably should not produce more than they can consume. Because if there is nationalism, believe me, there is nationalism on the part of the consumer as well as nationalism on the part of the producer. And it is not reasonable to assume that any nation can write rules and regulations around which it can produce its products, or market its resources on an unlimited basis, on the false assumption that other nations of the world are bound to take the bounty of the land we speak of. - 5 - And I must say to you that the United States is no exception. There is a wave of nationalism -- in our case I think it should more properly be called isolationism and protectionism -- sweeping the United States today. It's of unquestioned strength and unless there is a concerted effort, which this Nixon Administration has been exercising, I am afraid it will bear fruit. We talked here -- your distinguished Governor, His Excellency, spoke a bit ago, of foreign investment. Strangely enough, most people around the world assume that the United States' problems in respect to our current account deficit and even our balance of payments deficit, results from export of capital. But the facts don't bear that out. Because the facts are that in recent years we've had a net inflow of long-term capital into the United States. Not short-term flows, not speculative flows, some of which we had last year, 1971, but we have had a net inflow of long-term capital into the United States. Now while we talk about flows of capital, money is a commodity like other things are commodities, and if indeed we are going to embark on restrictive practices with respect to capital flows around the world, then I think this is a form of isolationism. It's a form of protectionism that's going to have an impact on all the countries of the world, developed and developing. Because there is, beyond any doubt, a great shortage of investment capital in the world. Now let me be quite candid about it. A great deal of money, investment capital, comes out of the United States, but it's not with the encouragement of the United States Government. Frankly, we need all the money we can get at home. The demands of our society are incredible. Our needs are insatiable. We have just embarked. and we are just embarking in a changing structure of our society as you will here. As you already have. We are looking at the environment in which we live, water pollution and air pollution, the cleanliness of our streams and the -purity of our water and our air. The achievement of these goals envisions incredible expenditu-res of money. We're talking about bill ions, and billions, and billions, and billions, spent by both private industry and the government in air and water purification alone -- and that isn't even within the ballpark, it's tens of billions. There is one bill before the Congress -- - 6 that was passed by Congress this year -- that in itself anticipated the expenditure of $25 billion by the Federal Government alone over a five-year period for water purification and to prevent water pollution. So we have an insatiable appetite for all the money and the capital that's available there, and elsewhere very frankly, in the world. I think in the restructuring of this international monetary order we now have to do, that we need to recognize that we can't do it within the narrow confines of consideration of just monetary affairs. And, fortunately, in the considerations that are now going forward in Washington with respect to the creation of the Group of Twenty, the United States insisted that the deliberations and the decisions, with respect to the rebuilding of an International Monetary Fund structure, not be carried on in the Group of Ten, which were the rich nations of the world -Japan, Canada, the United States, and the remainder in Europe but rather that we at least expand the Group to include those countries represented on the Executive Board of the International Monetary Fund, which would include Australia and three representatives from Asia, three from Africa, and three from Latin America. This would give us some diffusion, some dispersion, some new ideas, some creative thought. From this great country, that has contributed so much to the GATT, to the IMF, and now more recently to the OEeD, you have much to contribute. The developing nations have a great stake in what rules are established to try to provide economic and monetary stability throughout this remainder of the decade, and even for this next generation. First, I think we have to recognize that the syst~m must be far more flexible. Secondly, we can't deal in money alone~ We have to think in terms of trade; we have to think in terms of investments; we have to think in terms of what controls are going to be applied by nations around the world. And incredibly enough, we all react as human beings when you get right down to it. We all want to protect ourselves. We went through 90 days of negotiations last Fall, looking toward a realignment of rates, at least on a temporary Da$iS after August 16th. It resulted in what is known as the Sntithso ni , Agreement, the re-establishment of exchange rates in wider bands. And notwithstanding the fact that there was then, and there - 7 has been since, considerable discussion and concern on the part of many, let me point out to you that since that time there really has been a great deal of stability in the markets of the world. Very few central banks have been required to intervene in the past 90 days. As a matter of fact, the last 90 days have been about as stable as any period of time for that length in many, many years. Now this is not to say that the situation we have today is going to endure -should endure. It does mean there is stability in the world because of the recognition of the fact that we have to build a new structure under which we can live. We now live in a world of economic ,equals. Now this is not to say that the United States doesn't recognize that it is the strongest, that it is the biggest economic force in the world. This is not to say that the United States is in any sense trying to shirk its responsibilities or its duties of leadership. We are not, and we won't. This is not to say that the United States and the Government of the United States is in any sense becoming protectionist or nationalistic in character. We are not. We are committed to an expanded system of trade. We are free traders. We want to expand it more. The only thing that gives us concern, as I said a moment ago, is the approaching wave of nationalism that's sweeping the world. And this nationalism is being translated into isolationism. This inevitably is going to create trading blocs in the world, and this, I think, we have to avoid. You can't stand that. We can't stand that. We must have expanded global trade. We're going to provide what leadership we can to see that that occurs. But I must say to you here, that as the economic vitality and strength and prosperity of many nations have been in the ascendancy, and as they hav~ increased to a remarkable degree, let me point out that that economic prosperity places great responsibilities upon those nations to assume leadership in the political arena as well. It's not enough for a nation to merely reap the benefits of economic prosperity without indeed contributing something to the political stability of this world in which we live. - 8 Let me also say that for 25 years the United States, under the circumstances then existing, bore burdens that others were not in a position to assume. But those conditions have changed. The United States is committed to doing its part. We recognize full well that the $80 billion that we spend on defense each year, 3S percent of our National Budget, 9 percent of our Gross National Product, on defense to maintain a nuclear deterrent, is an incredible expense and drain on the American people, on the strength and the resources of our nation. And yet we know that this is a responsibility and a role and a burden of leadership and we willingly bear it. And we bear it without complaint. And we are particularly proud when we see Australia emerging as a great nation, with great economic vitality, assuming its proportionate and proper role among the nations of the world, in providing aid and assistance to others. You are now contributing over one percent of your Gross National Product in the form of aid. That's more than we do. It's more than any nation in the world does except two others. And this is to your everlasting credit. You are providing political and military stability and leadership in this Great Basin of the Pacific, and this is unbelievably important. And this is finally all I am saying to you is that the United States recognizes its role. It welcomes its opportunity to provide political and economic and military leadership in the world. It willingly bears the cost of the nuclear deterrent that is so necessary in these troublesome times. President Nixon has faced up to the political risks, domestic and international, of new moves in the diplomatic field, new moves in the economic field, in order to try to bring about a greater realization among the peoples and the natjons of the world, that indeed we are living in changing times. And that each nation as it emerges, and each nation as it progresses, and each nation as it prospers has to aSSume a greater share of the burden. The benefits and the burdens of nations must be borne more equitably and more equaly. - 9 I assure you that we, as objective observers, could not be more proud of this great land, of its intelligent dedication to its own building, and its commitment to its responsibilities as a leader among the world nations. And let me assure you, in the most sincere terms that I possibly can, that the hand of the United States, the warm hand of friendship of the United States, will be inextricably interwoven with your own in a firm grip that marches forward in tandem with you to provide our share of the economic and the political leadership, along with you, that is so critically important in these days in which we live. Thank you very much. 000 FOR RELEASE ON DEL~VERY S'fATEMENT OF THE SOtj'J}(ABLE PAUL A, VOLCKER UNDER SECRETARY OF THE TREASURY fOR MONETARY AFFAIRS BEFORl'--:: THE SUBCOMMITTEE ON INTER."~ATIONAL FINANCE OF THE HO!JSE COMt1ITTEE ON BANKING AND CURRENCY THURSDAY, Jill,IE 225 1.972, AT 10:00 A.M. Mr. Cha.irman, as yeu 'nade c lear in calling these hearings, there is an intense interest in international monetary refonn, and an understandable restiveness to see practical results from this Important work. shares that COhcern. tinate. The Administration fully It is in no one's interest to procras- Equally, it is crucially important that the job be done right. My intention ::onay is i.:0):~-ovide a brief "status report," to outline our brodd approach ..... v.la:cd the task ahead, and to ..... t' respon d t 0 th e quesL10nsoar yu~ Movement toward international launched by the forthrigh;: ElCti.OflS Nixon las t Augus t 15. t h at: 8-5 ViI h atever t he ~'Y 1lave. reform was ID(IPf-t<:=XY 2r.r::'':- __ L'lc,?1 by President In essence, thost'.: cJ: cions recognized .,. hm ents or U-,c aCCOTDpLlS r- - •• e~;L')tlng system -- - 2 ~ and they were very substantial -- some of the basic premises that underlay that sys [em ~Nere no longer valid. Fundamental changes would be necessary to meet the problems and circumstances of the 1970's and beyond. Those changes must entail not just the mechanics of the monetary system, but new ways of approaching problems chat will fairly reflect the existing balance of \<JOrld economic power and will result in a fair distribution of responsibilities among nations. Secretary Shultz has asked me to emphasize particularly to the Subcommittee that the change in leadership at the Treasury has in no way changed our goal, our basic approach, or our resolve in seeking those changes. The first few months after August 15 were necessa.rily devoted to immediate and urgen: problems of achieving needed exchange rate changes and resolving other short-range problems essential to viable interim arrangements -- in the process setting the stage for consideration of longer range reform. By March, we could point to a series of concrete accomplishments: - 3 - A major and unprecedented exchangs cate realignment had been negotiated in the Smithsonian Agreement, and legislative aecion to modify the dollar's par value had been completed. Trade liberalization nteps of tangible value had been concluded with the EC and Japan on certain short-term problems, achieving in the process greater recognition that the problems of the monetary system are paralleled by problems of the trading order. Agreement was reached on (A]'ider bands of fluctuation for market exchange rates about the officially stated exchange rates -- a potentially important ingredient in any more permanent system as well as a means of facilitating the exchange rate realignment. Understandings were reached not only to proceed with monetary reform discussions, but to undertake broad trade negotiations with the objective of supporting the goal of an open~ liberally-oriented \.Jo!"ld t'_ -';:~!y. - 4 - It is natural that some time was needed for the Smithsonian Agreement and related arrangements to be digested and fully understood, and for the dollar exchange markets to settle down. By Spring, however, such under- standing -- and particularly the recognition that we and other nations wholeheartedly accepted and supported that Agreement -- had been achieved. We naturally welcome the fact that the dollar has not, for some time, been under pressure in exchange markets, and believe a foundation has been established for dealing in an orderly way with the difficult problems of long-term reform of the trade and payments system. One element in the more realistic appraisal of the outlook is that it is now widely recognized that exchange rate changes have perverse initial effects and may require two yea.rs or so before yielding their full benefit toward balance of payments adjustment. Thus l U. S. trade and basic payments deficits for a transitional period are understandable. deficit in our Indeed, in recent months, the continuing - 5 - underlying accounts has been covered by a substantial reflux of short-term capital, perhaps in part an unwinding of the so-called "leads and lags" in payments that swung heavily adverse in 1971. I would be the first to emphasize these developments do not, by any means, assure long-run stability. ~7e continue to face a major challenge in achieving and maintaining a substantially stronger trade position -- which, in turn, must be the foundation for lasting equilibrium in our internatoional payments as a whole. The Smithsonian Agreement provides a basic point of departure so far as exchange rates are concerned. But we cannot neglect the task of reinforcing the competitive capabilities and opportunities of our industry in ether directions -- not least by maintaining better wage and price stability at home. This effort is absolutely fundamental, not just to us but to the world trading community in general. The stability of the inter- national monetary system cannot be achieved without a stable dollar. These sensible and effective first steps that have been taken are in no way cast in doubt by the erratic - 6 - fluctuation in the private market for gold -- influenced by a combination of self-serving rumors and reduced sales by South Africa, the main producer. These fluctuations in price have had no significant effect on exchange ·markets. Indeed, the main lesson to be drawn, in my judgment, is the fact that this corrnnodity -- characterized by almost fixed producti.on and increasing industrial use, and more than most subject to speculative whims -- cannot provide a sensible or lasting foundation for an international monetary system. With the shift of attention from the innnediate issues to long-term refonn of the system, we must face the clifft.. cult task of transferring agreement on the need for reform in the abstract to hard agreement on specifics. In appro~ch ing this task, we have felt it essential to ask fundamentnl questions about the kind of world we have" and want. Monetary issues cannot be considered in a vacuum, without taking full account of the interrelationships with tradIng rules and practices, the character and magnitude of capital flows, and other questions of international economic policy. Considering the range and complexity of the issues, no one should be surprised that monetary reform will take time, - 7 even among the most reasonable of men. Monetary reform is not a matter of finding an answer in the sense that one discovers a unique solution to a puzzle or works out a mathematical problem. There is recognition that -all will benefit fram a well functioning system, but that generality cannot disguise the fact that vital national interests are at stake, that perceptions of these interests differ and that~ in the end, they must be resolved in a realistic manner. International cooperation involves hard decisions and compromise. As you know, we have at this stage of discussion presented no monetary blueprint for resolving and reconciling the questions. The problems of technique and mechanism -- such as the composition, volume and use of reserves; the international role of the dollar; the nature of the exchange rate regime itself; methods of influencing capital flows, and the like -- are important and difficult. They will not be adequately resolved, in our judgment, without an adequate conception of objectives and the nature of the underlying problems -- and I would be less than frank if I did not - 8 - confess that much of the discussion to which I have been exposed seems to~ide past these fundamental points. For instance, we know that the so-called "adjustment process" -- the process by which surpluses or deficits are corrected -- has not been working well. is the key reason the system broke down. Indeed, this We suspect one of the main factors behind this inadequate adjustment is the fact that most advanced countries, for quite natural reasons, like to run surpluses. Over the years, they have acted relatively quickly (and often are forced to act) to correct their deficits. correct surpluses. There is no similar compulsion to Yet, one country's surplus is another's deficit -- and for too many years the United States had provided the residual deficit. Yet, our own efforts to correct that deficit, as so vividly revealed last Autumn, may be strongly resisted, since those efforts unavoidly impinge on others. A persistent residual deficit for the U.S. ~as ~ot - 9 - consistent, in the end, with the kind of monetary arrangements we had. Many proposals for a new system would require much more effective and rapid elimination of imbalances. In view of our accumulated deficits and the erosion in our reserves, w.e would need to look forward to a massive strengthening of our reserve position, the prospect of a period of surpluses in our payments, and to longer-term equilibrium. The other side of this coin is that others could not, on the average over the years, continue their accustomed surpluses. This seems to us to imply the need for strong incentives or penalties for corrective action by surplus countries as well as by deficit countries if this balance is to be achieved. How willing are countries to accept such strong international "dis~;~plines?" such willingness, then monetary s~'stems If there is no that depend for their functioning on quick and effect.L\"-e adjustn.ent simply will not work. - 10 - A related question is how the adjustment should be made. For both practical and philosophical reasons, we seek a balance of payments equilibrium that can be maintained without reliance on controls; indeed, the very word equilibrium implies as much. We believe in present and foreseeable circumstances, sustainable balance in our accounts will require a strong trade and current account position. some others ~em Yet, to be saying that somehow we are not entitled to such a surplus, that capital outflows lie at the heart of our problem, and that they (and we) should force "equilibrium by the indefinite use of controls on investment; or, perhaps, by commitments to raise our domestic interest rates to levels equal to or above those prevailing abroad. Obviously, this issue needs airing. It is related to the degree of independence that countries not just the U.S., but virtually every country -- seeks to maintain for domestic policy. None of us can live in isolation, and proceed oblivious of the efforts of our actions on others. But if we build a system which unrealisticall presumes domestic policies can practicably be tuned to each twist and turn in external circumstances, the system would not, in my judgment, work for long. Some countries with particularly close trading and political links -- such as the European Community -- may well - 11 - perceive a greater potential for coordination of internal and external policies among them. This issue is plainly posed by the drive for greater monetary unity within Europe. I believe we are only beginning to understand the implication of economic and monetary union in Europe for the world economy. From a world standpoint, there seem to be both dangers and potential advantages. An aggressively expanding preferential trading area with highly protectionist policies in key sectors directly affects our trading capabilities, and has broad implications for the world trading order and the adjustment process. On the other hand, success in achieving monetary unity in Europe could help deal with one source of monetary instability in the past, and permit Europe to cooperate more effectively in building an effective world monetary system. In both aspects, trade and money, the European Community is a phenomenon that cries out for more thought as to how it can be fit into arrangements consistent with the broader world interests. This listing of issues suggestive. lS hardly exhaustive, but it is Without discussion and some common appreciation of these basic problems, our examination of techniques will hardly be fruitful. Again and again, we find these are the issues that lurk behind much of the controversy on mechanics. - 12 - Out of these discussions, some fundamental points of convergence are already emerging. On the question of the scope of the reform, I think there is now almost general acceptance of the need for a wide agenda--for extending the dimensions of the examination to include related issues of trading rules, investment and development. There is greater recognition that the review must be deep--that fundamental reform is required rather than a patch-up of Bretton Woods, that new thinking and new concepts are required to meet today's needs. The question of finding the most appropriate and effective forums for reform negotiations has been the subject of considerable discussion in recent months. I confess these decisions have not been reached as rapidly as I expected and wished--they have taken time precisely because they are not an idle debate over the "shape of the table," but because real issues are involved. There is genuine and legitimate concern over the size of the table, for effective negotiation requires that the number of voices be limited. concern over who sits around There is the table, for membership must be balanced, representative, and at a senior level of political - 13- authority. And there is concern over what gets placed on the table, in that the negotiators must be given a broad competence to consider all relevant aspects of the operation of the trading order and monetary structure in their search for solutions. I can report that progress has been made. Nations are in substantial agreement on the formation of limited but representative group, a "Committee of Twenty," under the general auspices of the International Monetary Fund. We have insisted that the mandate extend beyond narrow monetary questions to related trade questions and other related issues, and that the Committee be willing and able to draw on the resources of competent persons and groups in a position to assist even though they may be outside the regular fabric of the IMF. We envisage that this Group of Twenty will be the main negotiating forum, but we also hope and expect such other bodies as the OECD will participate in the effort. I should note as a point of some importance that we do not believe either the Group of Twenty or the OECD should attempt to negotiate specific trade barriers. That kind of bargaining - 14 - over specific trade measures--tariffs, quotas, and the like-liffiproperly in the framework of GATT or other forums. Finally, there seems to be widespread agreement that, whatever the particulars of the exchange rate regime, in concept it must provide for greater flexibility than in the past-- greater and smoother adaptability to changing economic circumstances. The issue, as I see it, is not stability versus instability for the monetary system, but rather how more flexibility in exchange rate practices in the shorter run might contribute to the larger stability of the system as a whole. Obviously, translating even these broad principles into a specific operat ional system will take time and, as I have suggested, there are other points on which profound differences remain to be resolved. We have a lengthy agenda. If that agenda is to be attacked successfully, the Unite( States must unquestionably playa leading role in this effort. We accept that challenge willingly. But, in doing so, there must be a realization that the nature of our leadership must change as economic circumstances have changed. Leadership can no longer be equated with magnani- mously accepting disproportionate burdens, acquiescing in 15 discriminatory arrangements, or granting one-sided privileges, in the thought our strength is impregnable and others are weak. Leadership no longer can mean, if it ever did, that the world is waiting for us to impose a "Made in the U.S." label on the monetary order. Leadership does mean using the full measure of our influence and our strength to insist that the monetary and trading system -- its burdens, its responsibilities and its opportunities fairly reflects today's balance of economic and political capacities. We take pride in the record of our leadership since last August 15. We recognized the need for fundamental change. We took the painful measures needed to restore the domestic and international strength of the U.S. economy which must underlie any reformed monetary system. We reached agreement on moves which will yield major support to our balance of payments in the course of 1972 and 1973 after the present period of initial perverse effects ends. We encouraged recognition of the need for reform, and the breadth of reform. We pressed for the formation of institutional arrangements in the Group of Twenty and the DEeD to facilitate the negotiation. And we helped to develop the consensus, to the extent it has emerged, on the nature and direction of the reform. - 16 We want to move ahead with monetary reform as rapidly as we can, and -- this is critical -- as rapidly as other nations will move. We also want to build a monetary structure which will last for a generation. It would be foolish to idle away our chances for a new and better system. But it would be criminal to accept an unsatis- factory agreement for the sake of a prompt agreement. Ourefforrn will be aimed at building a sound and enduring system. The stakes are large, and recognized as such. We approach the task in the conviction that failure is not tolerable; that, with persistence and resolve, success will be achieved. 0000000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 23, 1972 MRS. ESTHER ~ LAWTON BECOMES TREASURY SUPERGRADE AS DEPUTY DIRECTOR OF PERSONNEL Secretary of the Treasury George P. Shultz has named Mrs. Esther C. Lawton, a career Federal employee, to be the Treasury Department Deputy Director of Personnel. Mrs. Lawton becomes the fourth woman in the Treasury Department to hold a supergrade position. Among those who hold supergrade jobs in the Treasury are the Treasurer of the United States, Mrs. Romana Banuelos, and the Director of the Mint, Mrs. Mary Brooks. Until her promotion, Mrs. Lawton was Assistant Director of Personnel in the Treasury Department. She began her career in 1936 as a Grade 2 clerk. Along the way she has received many honors including outstanding ratings and awards, membership in or chairmanship of numerous intergovernmental and Treasury Department committees, and recognition in her career field of position analysis and pay administration. Mrs. Lawton has served on a number of intergovernmental committees on the status of women and conducted a special study for the Civil Service Commission on an action program for the better utilization of women. She is chairman of the Federal Women's Program Coordinating Committee for Treasuryo In 1969, Mrs. Lawton received the Federal Women's Award, the highest award for women in the Federal government, for her work in personnel administration and training. She has been teaching night courses at George Washington University for 22 years and is recognized as an expert on French-English trans la t ion 0 S-6 (OVER) - 2 Mrs. Lawton was graduated cum laude from the University of Rochester, where she was electe~o Phi Beta Kappa. She received her M.A. degree with distinction from George Washington University. She has been elected President of the D.C. Chapter of Phi Beta Kappa for the 1972-1973 term. In addition to her work in the Treasury, Mrs. Lawton has been a consultant to the Ford Foundation to establish position classification and pay systems for Lebanon and Jordan. She has been an adviser on personnel matters to the Pan American Union. Her community service includes volunteer work for the Smithsonian Institution and the National Symphony. Mrs. Lawton,the widow of David F. Lawton, former Deputy Director of the Bureau of Retirement and Insurance at the Civil Service Commission. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 23, 1972 DECISION ON BICYCLE SPEEDOMETERS FROM JAPAN UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Eugene T. Rossides announced today that bicycle speedometers from Japan are being, or are likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. The case will now be referred to the Tariff Commission for a determination as to whether an American industry is being, or is likely to be, injured. In the event of an affirmative determination, dumping duties will be assessed on all entries of bicycle speedometers from Japan on which dumping margins exist. Simultaneously with the determination of sales at less than fair value, the Treasury Department issued a withholding of appraisement order on bicycle speedometers from Japan. The significance of withholding appraisement is that if dumping duties become assessable, the date such assessments become effective would be that of the withholding action. Both the determination of sales at less than fair value and the withholding order will be published in the Federal Register on June 24, 1972. The withholding order, by its terms, will terminate within three months after issuance. The total value of bicycle speedometers imported from Japan during the period January 1971 through December 1971 amounted to approximately $670,000. II II 1/ The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 23, 1972 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series of Treasury bills to the aggregate amount of $ 4,100,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing July 6, 1972, in the amount of $ 4,106,995,000, as follows: 91- day bills (to maturity date) to be issued July 6, 1972, in the amount of $ 2,300,000,000, or thereabouts, representing an additional amount of bills dated April 6, 1972, and to mature October 5, 1972 originally issued in the amount of $ 1,800,340,000, (CUSIP No. 912793PF7 ), the additional and original bills to be freely interchangeable. 182 -day bills, for $ 1,800,000,000, or thereabouts, to be dated July.6, 1972, and to mature January 4, 1973 (CUSIP No. 912793 PZ3 ). The bills of both series will be issued on a discount basis under competitive and noncompetitive bidding as hereinafter provided, and at maturity their face ~ount will be payable without interest. They will be issued in bearer form only, and in denominations of $10,000, $15,000, $50,000, $100,000, $500,000 and $1,000,000 (maturi ty value). Tenders will be received at Federal Reserve Banks and Branches up to the closi~ hour, one-thirty p.m., Eastern Daylight Saving time, Friday, June 30, 1972. T~ders will not be received at the Treasury Department, Washington. wst be for a minimum of $10,000. ~,OOO. Each tender Tenders over $10,000 must be in multiples of In the case of competitive tenders the price offered must be expressed on the basis of 100, with not more than three decimals, e.g., 99.925. may not be used. ~ded Fractions It is urged that tenders be made on the printed forms and for- in the special envelopes which will be supplied by Federal Reserve Banks or Branches on application therefor. Banking institutions generally may submit tenders for account of customers provided the names of the customers are set forth in such tenders. others than b~ing institutions will not be permitted to submit tenders except for their own (OVER) -2- account. Tenders will be received without deposit from incorporated banks and trust companies and from responsible and recognized dealers in investment securities. Tenders fro~'others must be accompanied by payment of 2 percent of the face amount of Treasury bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank or trust company. Immediately after the closing hour, tenders will be opened at the Federal Reserve Banks and Branches, following which public announcement will be made by the Treasury Department of the amount and price range of accepted bids. Only those submitting competitive tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves the right to accept or reject any or all tenders, in whole or in part, and his action in any such respect shall be final. Subject to these reservations, noncompetitive tenders for each issue for $200,000 or less without stated price from any one bidder will be accepte in full at the average price (in three decimals) of accepted competitive bids for the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on July 6, 1972, in cash or other immediately available funds or in a like face amount of Treasury bills maturing July 6, 1972. treatment. Cash and exchange tenders will receive equal Cash adjustments will be made for differences between the par value of maturing bills accepted in exchange and the issue price of the new bills. Under Sections 454(b) and 1221(5) of the Internal Revenue Code of 1954 the amount of discount at which bills issued hereunder are sold is considered to accrUE when the bills are sold, redeemed or otherwise disposed of, and the bills are excluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his income tax return, as ordinary gain or loss, the difference between the price paid for the bills, whether on original issue or on subsequent purchase, and the amount actually received either upon sale or redemption at maturity during the taxable year for which the return is made. Treasury Department Circular No. 418 (current revision) and this notice, prescribe the terms of the Treasury bills and govern the conditions of their issue, Copies of the circular may be obtained from any Federal Reserve Bank or Branch. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 For Immediate Release June 23, 1972 The Treasury today issued the following statement: The decision of the British government, in response to speculative pressure over the past week, to permit the pound sterling to float for a temporary period does not, as the British authorities have emphasized, reflect the existence of a fundamental disequilibrium in the British balance of payments. The Treasury has been in touch with other monetary authorities, and we share ~heir conviction thai.: the British action need not disturb the basic exchange rate relationships established by the Smithsonian Agreement. This development arises out of particular circumstances in the British situation. While in that sense the origin of the problem is limited, it does focus fresh attention on the need to move ahead with discussion of monetary reform and to address central issues of the proper functioning of the adjustment process. 000 8-7 The Department of the TREASURY WASHINGTON, D.C. 20220 TTENTION: TElEPHONE W04·2041 FINANCIAL EDITOR OR RELEASE 6: 30 P.M. June 23, 1972 RESULTS OF TREASURY'S MONTHLY BILL OFFERmG The Treasury Department announced that the tenders for two series of Treasury ills, one series to be an additional issue of the bills dated March 31, 1972 , and he other series to be dated Jillle 30, 1972 , which were offered on June 19, 1972, 'ere opened at the Federal Reserve Banks today. Tenders were invited for $ 500,000,000 ,r thereabouts, of 274-day bills and for $ 1,200,000,000 or thereabouts, of 365 -day lills. The details of the two series are as follows: . lANGE OF ACCEPTED :OMPETITIVE BIDS: High Low Average 274-d~ Treasury bills maturing March 31, 1973 Approx. Equiv. Price Annual Rate 96.439 96.347 96.382 365 -day Treasury bills maturing . June 30, 1973 Approx. Equiv. Price Annual Rate 95.155 ~ 95.011 95.079 4.679% 4.800% 4.754% 4.779% 4.921% 4.854% ~ Excepting 1 tender of $285,000 59% of the amount of 274 -day bills bid for at the low price was accepted 55% of the amount of 365-d~ bills bid for at the low price was accepted roTAL TENDERS APPLIED FOR AND ACCEPT1D BY FEDERAL RESERVE DISTRICTS: District Boston New York Philadelphia Cleveland Riclunond Atlanta Chicago St. Louis Minneapolis Kansas City Dallas San Francisco TOTALS AcceEted AEElied For 25,000 $ 1,025,000 $ 393,090,000 l,024,310,000 1,060,000 1,060,000 1,275,000 1,275,000 200,000 200,000 2,665,000 7,665,000 52,915,000 142,215,000 5,210,000 7,210,000 3,380,000 15,200,000 8,605,000 11,425,000 18,010,000 23,010,000 13~565,000 46,665,000 $ 1,281,260,000 $ 500,000,000 E.J Applied For $ 5,360,000 1,566,405,000 4,610,000 26,915,000 490,000 7,330,000 230,720,000 10,320,000 15,420,000 13,530,000 24,470,000 54 2475 2°°0 $1,960,045,000 Acce,Eted 2,360,000 $ 908,405,000 4,610,000 21,915,000 490,000 2,330,000 175,220,000 10,320,000 7,420,000 13,530,000 21,470,000 31,975,000 $ 1,200,045,000 ~ U Includes $ 10, 760, 000 noncompetitive tenders accepted at the average price of 96.382 ij Includes $ 28,885,000 noncompetitive tenders accepted at the average price of 95.079 V These rates are on a bank discount basis. '!he equivalent coupon issue yields are 4.96 % for the 274-day bills, and 5 .11 %for the 365 -d8\Y bills. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 \T£ENTION: FINANCIAL EDITOR June 26, 1972 lOR RELEASE 6: 30 P.M., RESULTS OF TREASURY'S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury Jills J one series to be an additional issue of the bills dated March 30, 1972 and the other series to be dated June 29 J 1972 , which were offered on June 20, 1972 J lere opened at the Federal Reserve Banks today. Tenders were invited for $2,300,000,000 )r thereabouts, of 91-day bills and for $1,800,000,000 or thereabouts, of 182 -day jills. The details of the two series are as follows: RANGE OF ACCEPTED ~OMPETITIVE BIDS: High Low Average 91 -day Treasury bills maturing September 28 , 1972: Approx. Equiv. Price Annual Rate 98.996 98.975 98.983 3.972% 4.055% 4.023% 182 -day Treasury bills maturing December 28, 1972 Approx. Equiv. Price Annual Rate 97.754 ~ 97.714 97.733 4.443% 4.522% 4.484% Y !I Excepting one tender of $1,000,000 47% of the amount of 91 -day bills bid for at the low price was accepted 59% of the amount of 182 -day bills bid for at the low price was accepted ro~ TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston New York Philadelphia Cleveland Richmond Atlanta Chicago St. Louis Minneapolis Kansas City Dallas San Francisco TOTALS AcceEted AEElied For $ 25,620,000 $ 13,620,000 1,946,920,000 2,967,820,000 10,825,000 10,825,000 28,335,000 51,335,000 5,825,000 5,825,000 15,320,000 30,980,000 127,650,000 212,300,000 35,480,000 43,010,000 21,495,000 32,615,000 23,880,000 34,405,000 9,700,000 31,700,000 61,225,000 90,580,000 $3,537,015,000 i~ mcludes $169,615,000 mcludes $ 88,495,000 $2,300,275,000 ~/ AEElied For $ 18,505,000 2,445,565,000 25,310,000 21,115,000 8,905,000 28,620,000 158,670,000 23,600,000 44,835,000 21,145,000 22,415,000 135,355,000 AcceEted 2,005,000 $ 1,507,495,000 15,310,000 21,115,000 3,905,000 11,215,000 64,915,000 15,600,000 $2,954,040,000 $1,800,310,000 ~ 35~835,000 11,145,000 7,415,000 104,355,000 noncompetitive tenders accepted at the average price of 98.93~ noncompetitive tenders accepted at the average price of 97.7-:3 Y These rates are on a bank discount basis. 'lbe equivalent coupon issue yields are 4.12 %for the 91 -day bills, and 4.65% for the 182 -day bills. FOR IMMEDIATE RELEASE JUNE 26, 1972 OFFICE OF THE WHITE HOUSE PRESS SECRETARY THE WHITE HOUSE PRESS CONFERENCE OF GEORGE P. SHULTZ, SECRETARY OF TREASURY; RAYMOND A. IOANES, ADMINISTRATOR, FOREIGN AGRICULTURAL SERVICE, DEPARTl"lENT OF AGRICULTURE; AND JULIUS L. KATZ, DEPUTY ASSISTANT SECRETARY FOR INTERNATIONAL RESOURCES AND FOOD POLICY, DEPARTMENT OF STATE THE BRIEFING ROOM AT 11:06 A.M. EDT MR. ZIEGLER: President Nixon, as you know, has be~ concerned about the matter of rising food prices and specifically the increasing prices of meat in this country and has met over the past weeks and months, and epecifically the last few days, with his economic advisers to talk about what can be done to deal with the situation. He had a meeting on Friday with George Shultz, who is the Chairman of the Cost of Living Council and Secretary of the Treasury, members of the Council of Economic AdVisers, Secretary Butz of the Department of Agriculture, and Don Rumsfeld, to receive their recommendations as to what actions he could take. I think the material that you have this morning outlines the action that he is taking today. He is lifting all quantitati\erestraints on the import of beef into the United States. George Shultz is here to discuss this action with you this morning. Mr. Secretary. SECRETARY SHULTZ: The President's purpose in taking this action is to help the housewife keep meat on the table at reasonable prices. Now what has been done is the elimination of all quantitative restraints on the importation of beef into this country. The principal supplier of beef to the united States is Australia and we are pleased to be able to say that Secretary Rogers is in Australia today and he will be discussing with the people in Australi.'3. the possibilities of increasing the flow from Australia to this country. r think it is important to know that the problem It is to get a supply of meat onto the here is twofold. housewife's table, on the family table, at a reasonable price. That being the case, it is important to approach the problem from a standpoint of increasing our supply. - 2 - I think everybody understands the demand for this product has been growing very rapidly. It has been growing throughout the world, as people tend to demand more beef when their incomes rise. It also has been growing in this country, particularly in recent months as the economy has been expanding, as people have been feeling more prosperous and so on, so that we have had a situation here percipitated by the increased demand for this product and the President is trying to meet that by increasing the supply, which we hope will have some price effect, as well as to increas~ the flow of beef to the market. I think in a sense, on the price side, it is almost as though you are taking out an insurance policy against further surges in the basic wholesale price of beef and we hope that it will have the effect of bringing some stability to this market where prices have been going up very rapidly in recent months. I think that is an open statement. Q Is anything else contemplated in the food control or price control following this? SECRETARY SHULTZ: There are many other possibilities under discussion and review. We had a pretty wide ranging discussion with the President and he has decided to take this step and whether or not we will have additional steps remains to be seen, but certainly the whole question is under intense scrutiny. Q Is it only beef? SECRETARY SHULTZ: This is primarily a beef problem. Q \'H11 it bring more mutton into the country, too? SECRETARY SHULTZ: I think that is right. Q The lifting of the quotas affects more than beef, does it not? SECRETARY SHULTZ: Beef, mutton and veal. Q Is there enough of a surplus in the world market to make much of a difference in our supply? SECRETARY SHULTZ: I think world demand is strong and therefore it isn't as though there is a tremendous amount of beef just waiting to come into this country. On the other hand, we think that it may well be possible for a greater flow of imports to come here. As I said, Australia is our principal supplier and we are hopeful there. At the same time, this is a market where small shifts on the margin can make quite a difference. MORE - 3 - There also is this point: That the principal supplier of the U.S. market, of course, is the U.S. producer and the evidence that we have seems to show that the increase in cattle in feed lots, comparing 1972 with 1971, exceeds the increase in slaughter by a pretty fair margin; which would suggest that if people get the idea that these prices are going to stabilize, that there is a fair amount of beef that can come to the market from U.S. sources and there may be some impact of that kind. Q Does this mean that the carcass will come in intact or that portions of the ca~cass will be brought SECRETARY SHULTZ: Ioanes to respond to that. in? Well, maybe I will ask Mr. HR. IOANES: This is primarily processing frozen beef that goes into processed foods such as salami ?nUaausages. It comes usually in frozen blocks, 40 pound frozen blocks mainly for processing. Q What countries will this come from and will it be inspected over there before it leaves or over here? SECRETARY SHULTZ: I think you have in the fact sheet that has been handed out, a list of the countries from which we irrlport beef and what the expectation was for import5 this year. Now, of course, that is based on the voluntary quotas that have been "forked out and those have been removed. But that gives us an idea, broadly speaking, where it comes from. Q What about the inspection? HR. IOJl.t~r:S: It will be safe systems of all these countries meet the for inspection in this country. It is is re-inspected here. It is safe meat, requiremer. C.3. meat. The ins?ection standards established inspected there and meeting our health Q You have talked about price stability. In the months ahead, can the aVerage housewife anticipate any change in the price of meat at the super market? S~CRETARY SHULTZ: Well, she can anti~j.pG.te t.hat the President Nill be working as l:ard as he c~n to keep this partic1Jlar price and other prices under co!".trr:-l as we have been doing right along. Just how the prices will be in any particula= market, I think it is a littl~ haza=dous to predict. But this action is bound to be helpful an~ we think that i t may very ""'ell stabilize the wholesale prices here. Q M=. Secretary, does this mean that th~ 30-day freeze which had ~een contemplated, that the Price Commission has ne,," ruled that out? MORE - 4 - r have SECRE'l').=,S SHULTZ: that writ~en U? se~~ There is no thought of a freeze. The President has ruled that out. Q Some plac% in this country, Hr. Shultz, the departments are cllt~ing herds be;::ause of drought? l'lhat part does th~t rlay in the beef supply of the situation in this country? SEC~TARY SHULTZ: I thi~k it will probably tend to inc:ceas0 the immed:'ace s11pply and cut the longer term supplYr ;;ut we nave :)ur expert here. nn. IOANE3: I would buy tnat answer, Mr. Secretary. The drought ha5 no~ been a major factor in the supply that we have haJ to the present time and the expectation of addi ticnal supplies is basi?d on the fact that there are substantially larger numbers of anim:lls in feed lots ,,,hieh ShOLlld be combg to th~~ lllarkei:. So dr·::mght has not been a major factor i~ thiJ situation. l1ctiol1 .i.s rhJt ::'.med ,,'I: the Amer ... can fanner, won't it inevitably· c\;u.: cdttlE: pricE:s? SECP3'fARY SHULTZ: viha~ ~;e ali; "Cr;.:.n~: to I t won' t necessarily lower them. CO J;3 g,~t then stabilized. 'iVe have had these surqes r:f i11crease::: in catti.e prL:::es and by, among other t;li..l-}S sL0j",c~~;;ng o ... r dO!11(;stic markr:~.: more fully to tre dLcl,JJ.ljl€ of the world mal:j~et t,.Je hope that we can PI, ,..:~:... t f'L: ':." c. ~ .:: •.ll 'Je S (J 1: -ell i',::' ~ind. ;:'1' '~[jI s i.s a puce blat fluctuates pretty sharply alrr,on. ~;:'C;.~ :me ·.}E'ek to ,,:0 some qiv~ here L:; to ,Jno;J~.er, dS~,lJl:anc<;: bur, ;- thi.nk the main problem agti.inst the further surge Q 1:{. Secretary, d.:.! you cxr:;ect that some sort of contrcls on t~~ prices of ~gricultural products will fc'- ',-, t~i.s ac-::'i':·'? SEer" .TAr.' Well, as I say, the President has Prices in gr,.)cery s ::(;r2~, of: a11-:;o1'1:5 of process'~c1 ag:;:icu::.tural pro&lct.:: tire ('O'/ered by the system, but we are looking into all mannE r of ct.hc·( (' :'tePldtives that li11.ght be developed. SHD~,'rZ: n; ',>1 ou.~. the 2.dec. of aI:/ ,cLd cf a freeze. Q lAy question was to the ralo' agricultural pruducts \'Jhi en I ui\dersta,1Q jo not have any controls now? S:::CPET1\RI S'FJLT7: Cl rrhat is right. vIOD S t this fLlr:'her ir.crea.se our trade deficit? SEC:;'~:,-_R:: SBUL~Z: It hc.s t1:at result to some degree. I thi.:lk , t i~ ';. :::i;l2tiv'3~y s:nall degree. vIe don't have to worry Clbout ~~:, '.: p::-:":J12T:. :,.',Le j.3 full o~ c0'1tr;o:c1:i,ctiona. -5- Q Were the cattle producers consulted in Texas and elsewhere? SECRETARY SHULTZ ~ I think they are pretty well aware of what is taking place. They have probably read the President's statement on Thursday that suggested the general direction of his thinki~g. What direct consultations with them have been held, I am not personally posted on. Q Mr. Secretary, how much beef would you estimate has been held back? You suggest that there has been q~ite a bit held back for speculative purposes. Is that true and how much is it? SECRETARY SHULTZ: I don't knoll]. I t is interesting to compare estimates of the increase in cattle in feed lot, '71 with '72, with the increase in slaughter. Now, these estimates are a?pa~ently very hare to make, but I have heard some that go up in estimating the increase jn the food lots as high as 12 percent. I have heard others on the order of six percent, nine percent, like that. But, at any rate, I think the rate of increase in slaughter is on the or-der of 1-1/2 percent or so. So you can see whatever the estimate is, whether you take the low end of the scale or the high eno. of the scale, there is a difference here. [~ow feed is very cheap right now and that tends to make It economic to keep the cattle and feed the cattle, so you expect tha~. NEvertheless, the point is that with this increase in the feed lots, sooner or later that is going to come t.O the l1\d:txet and that is, of course, where our big suppl}' comes from in the United States. Q all that ,.,.e Isn't it true that last year we did not import allowed to import? wer~ SECRETARY SHULTZ: I think that is true. The dock strike is one reason. He have the problem this year where you assign quotas or quotas are developed, voluntary quotas going to different countries. Some countries fulfill their quotas i!nd others don't, Ther, you try to reallocate, but it is often difficult to reallocate fast enough and effectively enough to bring the total up to what you originally thought. This was one possible option t I might say, just the reullocation. The President felt the best thing to do was eliminate the quotas entirely and that would allow people to just come forward with however much we can get. Q f1r. Secretary, in processed meats, can we get an idea. of what effect, if any, the lifting of import quotas will have, for instance, on the prices of hamburger meat and hot dogs? ~10RE - 6 SECRETARY SHULTZ: Well, I think that the imported .neat, if I am not !!',ist.ay.en, goes very hec"v:'ly :nto the kind of process"d pre-duct.s that you n.entioned. However, like ~09t markets for a commodity that can be divided into all sorts or categories, like hamburger, hot dogs, steak, roasts and so forth, there is a great deal of possible mcvement:L.'Uo."lg those categories. So if you help out one you help out them all to a fair degree. Q Mr. Secretary, in order to get an immediate irnpa';t immediately, will you use planes rather than ships? v'cu Idn 't they have to be airlifted? S8CRETARY S!WLTZ: No, you ",auld expect this to co(t.e in refrigerated ships, I believe, so you don't get instantaneous movement into the market, but the point is t"at there is a £"low here, there is a whole set of institutions being d2~~loped to bring me3t from the other cou~tries here and you are talk1ng about essenti~lly stepping that up wherever it can be stepped.lp so it will have this impact on the supplies. Q of t1r, Secretary, the increase in the number cat~le in the feed lots is a tempo r a!)" condition. What _.5 the lCilg-te:::-n p;~oces '= for adequate increase in the cattle population over a number of years to keep pace with the demand? 15 there any prospect of that or is the cattle pnpulatiGD limited? S:::CRETARY SHULTZ: The cattle population has been gtowir.C] anc tnf' amcu;)': 0 f. f; laughter this year is greater ':.\an the .Jl'"tj~::' of slau<;hter last year. The big point here :.s that t.,'1e: :12lTl'7".d :;:-1 the Un! ted States h?.8 been growing t!\7en mo:o:-e T"C'pid:'y anj also we have a growth in world demand for ttis patc~cular ?~Jduct. Q By q <.l,"S t ion was, Hr. Secre tary, concerning the ;;1':,~'?ect of the irt::r.e.ase in population keeping up with ::emand ';;!ven tLQugh ':t is below it. Is there any prospect ~~tever th~t it will increase enough or will it not be g'~3.dl1ally [al.l.ir-g behind the demand? SECRETARY 3HULTZ: ~_r.i~ Well, the fact that we do have substa:1tial population of cattle in the feed lots ~uggests that there is that possibility for growth in supply. 3ut/ as in all marke~s, you have a time and a shake-out period as tLe lonq-tc:.cm is balanced against the short-term. F(;!rhaps l1r. Ioanes would like to add something on tl"is. 1m. I01.N8S: The cow population in this country he.::, l.>H.'i k;::c[.ling pace with the growth and demand and our es t:.i11 ::-'.;cs foe tl:E Gun:ent year inc.icatt;! a total supply for the yea= three O~ f0~r percent over the last year. We are e:q)andir'g our br:~c:d~.ng hE:rds anC; we sl':ould be in position to ccntinue to ?rov~de th~~ th~ee or four percent additional that is nea~~J _~ ~hc ruture. - 7 SECRETARY SHULTZ: Dut the point is we haven't been getting that in terms of the slaughter so far this year and that has been the thing that has throvn people off in their short run calculations. Q Hr. Secretary, do you expect today's action to reduce or stabilize the level of high prices and if it is in fact to reduce the level of prices, how soon? SECRETARY SHULTZ: No one can be certain precisely vlhat the effect will be. However, it is bound to have the effect, as it increases the supply above what it otherwise ';JOuld he.ve been, to dampen these price movements and our expectation is that it vlill contribute to bringing about grea.ter 3tability in a market where prices have had now 'c:hree fairly major upward surges in the past five months or so. Q Is that reduction or stabilization? ruling out redurtion th8n, sir? Are you SECRJ3'I'.~F:Y SHULTZ: We are not ruling it out, but I think th," j.n'p.:y"tant thing is to get some stability in the situation. Q expect this \-Jhat is the time frame on that? Nhen do you to C'.lt off t:1e surge syndrome? s~ubility S;:;Ci-\ETARY SHULTZ: We 11, that can operate in two ways. Of ccurse, as was brought out, it takes time to ship additional beef to tt!is c(,(mt:cy, Sf) in O:1C sense having that be(;o~e available and get d'1g it actually shipped presents one piece of time dirnensi~n. On the ether hand, as people see and become convinced that ~hi5 is going to happen, that has anticipatory effects on the price marke~ and could react fairly fast. o Could you describe for us, what are the market mechanics of redu=ing the price of a prime steak by importing more hamburger? I know that is highly oversimplified, but the point is, when you are importing larger amounts of meat for processing, ~o,,' does this affect the kind of beef you 0et aut of the feed lot cattle? SECRETARY SHULTZ; I thi~k the point is that within sOr:le limits beef is moved around from one type of product to another. Obviously there are some pieces of the carcass that aren't suitable for prime steak. It is all suitable for hamburger, but it doesn't make sense to take the best and grind it up for hamburger, although some people do prefer that. There are situations where the products can be one way or another. Therefore, when you increase the supply in one sector of the market, you have the impact, not the full impact, but yo\.! have the impact throughout the market. NORE - 8 - Q Arc ycu ~~00A2ttng then that the housewife lS abL", Lc: tu,.' r'd,iUl'!SE1' in a reduced amount may turn a\',ay fro:'1 the pri<:le ('uts \>!ti ch +:hen hopefully bring down y::~O the price of the pri~2 SEC!~~l'M~Y cut? That is another mechanic Sli L'l/i' Z C2 lIre )'N\ g0~ng to ask At:stralia and New Zealand to s ':r~~l) rnore types ''of bcef cuts in the percentage of the I \>/i 11 call on my expert over SECRi:;c;,'!"p'y SEULTZ: t~R. Kl',l'Z; \':E' 11 , obviously, they are free to sup!:"l)' '"rbF.i.:;':er t):'" h,a.rk,::t <Ai::} tc>kt,:, fhere are no limitations of any ]un<"he:, ::;;r;3.'f-,':J~' w 1,at t1-],ey have been supplying or I\')VE' i~ C:118'':" ~''''/ I')O'NE'V'(':Y. foy:': i ':'1i~' E' ::(;, ,,:~, J,V ,'f:' that is rather unlikely, ",hat they have already." :":"1 cr-eaSE; be2n ShH'ri1h1 in terms of vlho is the lifting of these t('-t~ +-::-.1~·;.:~·~_" :~i~C"l~ lJl?jor be'1efits to the i~I·:us·t 0) ~(!~~a and rh)t 50 P1uch in terms of goi~~, to ~!2n-'~§:~_ nl\'):;~~ quotil~' ? ;_r€;-~~ ~;rOCFSE~r.;, r:F~E'-: bee": i·Ct.~,~C:~ . ~t:Jly frorr~ C\l'~'-;"i :-.~C'~"'i':, R.'.o 31..{lT.,'i'i· lh, I thlnk the person who is ;C>~;\'~ :~' _>:~,':=~;,C' L'~ "pen.':"" -2onsume:::- &nd that is the peI':: .. !'. t"G:-- P',,;~:iJ:e,-": <3 ':)(> ,,", \.'hinking about in making this !T}C,\,-e ~ J"' ·.... t i r) ·1:. '\ ,.. l· j ~ .r,~~:. tl? be!1~ ~~ i ci ary. :'::.::.'1 1,1'" ge1: a E; -:;ture of t'lhat the outlook wj:ly; v'J;,t'l .~;:" L:f ....1.l'\j' of t.lesc quotas for the processed r.,e,~·~ 1.n' "''::'':'('"h,'+:';'::.~l tbe ::f=8Ct Do:; on the prices of ~17;:: "."\ll.'! ",.nr;:r3.. .:f chis actl')n helps, as ';Ie tt'l,;, i,t w:..ll; to staDiliz'O prices 5.n this ;7larket, then t:,os,'=' aJ":' t)-,c~r pro::l:lcV., [:bose are the things that they bUY:L',-eJ j- ;'''''rE:f0re tJ.'2lr p!' J c:es '.Jecome stabilized at the level o E t'". <.~ "." ",Vi ,'C! t e r 13.1 '" t 1; E:y proces s . ~',:. ,) of Ld.Vj,;-:; thl:: (3~cn::a~,:' :: )lu,ci 1 !,".' ::hEI~t i ',';RS ':he sentJ.ment in the Cost ':o:ltrols rather than taking r::;~)'.. e',) t-'ot particularly, no. The problem I trieD to point out, you have t,:o ti ;i~'::= 1: .... ,: :IOU a:.e trJ~,n~1 ',-0 Clo. You are trying to get :.he bE:e 1 t:' "'.r.e :nr,';';;'['llC on 1:ne housewife's table and you are t:-:!l;,-:: r.o:jet it t>ere at a r9asor.able cost. If you t2ke ;In 2.c~i\.-,'~ -\-,o;c· -:;\:",s "Jkn i} orice that discourages s L1P:'; L" yc~_:. ~~. :' c".:'lE; f • i ,"S 1.')'.' r)'C lce and no beef and that S::;·':5!g:!',i'::" :J'iW.:rz; ~it~ 3:r~c~ doesl~i:. ;c1tr0:S SO.~',I<; '::h~ .~ ~s rr')~'lr::T' • . :ORE - 9 - For example, if we cut our prices way back, there are lots of other people in the world who would be anxious to have this meet shipped from other countries to their country instead of it coming here. Q Mr. Secretary, what is the difference in the price level between the imported beef in general terms and American grown beef? SECRETARY SHULTZ: That is a question that is extremely complicated to answer and therefore, I will turn it over to Mr. Ioanes here, but it involves tariff arrangements other countries have and so on. MR. IOANES: As I understand it, the question concerns the price of imported beef, the kind we are talking about today, versus our own. Q Yes. MR. IOANES: Imported beef of the type I have talked about is in the area of 65, 66, 67 cents a pound. That would be a boneless ~ee= product. I would guess ~hat this price goes along roughly comparable to the price for our own fresh cow beef which is the most nearly comparable beef we have in the United States. The wholesale price of choice beef -- somebody was talking about steaks and that mostly comes from choice beef that would probably wholesale, at the present time, in the neighborhood of about $59 in carcass form. When you move it up to retail, it would be over a dollar a pound. o In other words, 65 cents to 67 cents compared to over a dollar a pound? MR. IOANES: At retail. So when you bring the imported meat to the counte= -- I am speakir.g of a wholesale figure for choice beef -- and I would have to guess that is in the area of around 75 to 80 cents a pound. o From 65 to 80 cents a pound would be the spread of imported against domestic? MR. IOANES: Well, there are two different kinds of meat. I told you cow beef of the kind we produce in this country would run at about the same level. o Could we stay with the comparable beef? MR. IOP~ES: That is our fresh cow beef and they would run at about the same price. They go up and down together. o You would expect then that the price of the imported product is going to rise? If it is going to come to this country they would have to make money. Therefore, this price differential is not as great as you indicate; is that right? MORE - 10 from other prices are us and the thing that developed. SECRETARY SHULTZ: \'Jhat draws meat to this country countries is the fact that historically our high and therefore people want to export to tendency for those exports to come here is one is lying behind the quota system that has been In other words, the quota as distinct from the desire to ship in is what has been setting the quantities that have moved. Now the quota is being removed so more can come in. This, however, is taking place in a setting where the world demand has risen and world prices are rlslng, so we can't say that we will get a huge surge here, but it should be helpful. Q In other words, we are after a psychological effect on the people? SECRETARY SHULTZ: No, there is a quantitative effect here. That is identifiable. This is a specific substantive move that is being taken that will have an effect on the supply side of this and should help with both the supply and the price. How much it will help, how much extra supply we will get is practically impossible to estimate, but we are working on that problem and as I said at the beginning of this session, Secretary Roge=s is in Australia today and this is among the subjects he will be discussing there. Q When I used the word psychological, I was going to people who are holding cattle on the feed lots. My question is wouldn't it have been more direct action and might it not have had more direct impact on the domestic market if there had been a freeze placed on prices? SECRETARY SHULTZ: No, I would be very skeptical of that. o When the President ruled out a freeze, does that mean on all food prices or meat? SECRETARY SHULTZ: All food prices. o Will this be labeled imported as law requires other products that are imported? SECRETARY SHULTZ: Well, I believe that most of it gets processed quite heavily and I don't think it is particularly practical to so label it. Q Did Secretary Butz o~pose this? SECRETARY SHULTZ: No. Secretary Butz agreed with this action in our discussion with the President. Q Could we run over the comparisons again so I am clear what figure we are comparing 65 cents against? MORE - 11 - MR. IOANES: The question asked was what was the price of imported meats versus our own meats and somebody said let's stick to the same price and the United States imported meat. The comparable price in the United States is meat that comes from cows and I said the price would be around 60 in imported meat and our prices for the same kind of meat would run at about the same kind of level. SECRETARY SHULTZ: That is just in the nature of a market. If you have the same commodity selling in a market, the market doesn't differentiate. It is exactly the same whether it is imported or not and the price is going to wind up the same. Our real question is our prices compared with prices in other countries and is there enough of an attraction to our market to induce this beef to the united States. That is the kind of price comparison that we have been thinking about and working with and it is that that makes relevant the rise in demand on a world basis for this product. THE PRESS: Thank you, END ~rr. Secretary. (AT 11:35 A.M. EDT) The Deportment of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 27, 1972 FIRST WOMAN SWORN IN AS TREASURY AGENT WITH ATF Eugene T. Rossides, Assistant Secretary of the Treasury for Enforcement, Tariff and Trade Affairs,and Operations today swore in Joann Kocher as the first female agent for Treasury's Alcohol, Tobacco and Firearms Bureau. Twenty-six year old Miss Kocher is the first woman an agent with arrest powers in the bureau that enforces relating to alcohol, tobacco, firearms and explosives. Treasury Agent, Miss Kocher will be primarily concerned Criminal Investigations into violations c:f these laws. to become laws As a with Mr. Rossides said that he is proud "that all Treasury enforcement agencies have hired women as Treasury Agents in the past two years, in furtherance of President Nixon's policy to recruit women for every phase of government work at every level of responsibility." Since 1969, Miss Kocher has been employed by Saturn Airlines, a non-scheduled New York airline, beginning as a customer service assistant and rising to become the first woman in the United States to be appointed an airlines station manager. As station manager at New York's JFK Airport, she was responsible for overseeing all customer service operation for Saturn Airlines. Before joining Saturn, Miss Kocher taught in elementary schools in Queens and the Bronx, New York, from 1967 to 1969. She received a B.S. degree in elementary education from St. John's UniverSity, New York, in 1967, and an M.S. in communication arts from Queens College, New York, in 1969. During the summer months, when Miss Kocher was neither teaching school nor attending school, she always managed to find a job that would keep her in touch with people. At the New York World's Fair, she worked in the Belgium Village pavilion, and for two years she was a Diamond Club Girl with the New York Mets baseball team. 8-9 (OVER) - 2 - Miss Kocher holds a green belt in judo, likes all sports, sews many of her own clothes, and frequently rides a foldup bicycle transported in the trunk of her car. She readily admits, however, that these pursuits don't necessarily add substantially to her qualifications as an ATF agent, but she says, "I'm anxious now to go through orientation and training as an agent, so that I will be qualified, and then I think all of my interests and education will be of value on the job." Miss Kocher's training will include seven weeks at the Treasury Law Enforcement School in Washington, and later an additional seven weeks of basic special agent training. She will be assigned to the ATF offices in New York City. The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 70R RELEASE UPON DEL IVERY REMARKS OF THE HONORABLE EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY (ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS) before the UNITED STATES COUNCIL, INTERNATIONAL CHAMBER OF COMMERCE UNIVERSITY CLUB, COLLEGE HALL NEW YORK, NEW YORK June 28, 1972 1:00 p.m. ANTIDUMPING AND COUNTERVAILING DUTY LAWS: INSTRUMENTS FOR FREER TRADE THREE AND ONE-HALF YEARS OF REJUVENATION Increased Use of Antidumping and Countervailing Duty Laws One of the accomplishments of this Adminis·tration is the rejuvenation of the administration of the Antidumping and Countervailing Duty Laws. As President Nixon stated in his second annual review of United States foreign policy: "We tightened our administration of the antidumping laws to protect our industries against unfair pricing by their foreign competitors." Since that statement was made, the Treasury Department has further tightened the application and use of the Antidumping and Countervailing Duty Laws. This has led to allegations by some of our friends abroad that the United States is abandoning its traditional liberal stance and using these two statutes as instruments of protectionism. Nothing could be further from the truth. - 2 In the final analysis, the Antidumping and Countervailing Duty Laws are two great liberal trade laws of the United States and indeed, of the international community! They are instruments for freer trade. What is Dumping? In a typical dumping situation, a foreign ~ompany sells its merchandise for less in the United States than in its home market, thereby causing injury to U.S. industr) Under our law, the Treasury Department is responsible for determining whether a foreign company has been dumping, while the Tariff Commission determines the question of 1nJury. Dumping duties are assessed only if there is both dumping and injury. - - What is Countervailing? In a typical countervailing duty situation, subsidies are paid by foreign governments on exports. The subsidies may be simple direct bounty payments or, frequently, may b, in the guise of other benefits to assist the exporter. Typical Dumping Case A foreign firm sells its merchandise for $1,000 in its home market, where competition with other producers may be limited. Realizing that it could not compete successfully in international trade at this price, the foreign firm elects to sell its product abroad at lower prices. In the United States, American producers sell the same product, manufactured here, for $950. The foreign firm, until its product name becomes widely known in this - 3 - country, will be tempted to underprice similar American products in order to compete successfully. It therefore sells its product in the United States for $900--$100 less than its home market. If it succeeds in its objective, American firms will lose contracts, and American labor jobs because of what is universally recognized as an unfair international trade practice. If the Tariff Commission finds that American industry has been injured by such foreign dumping, the Secretary of the Treasury is required, to impose dumping duties equivalent to the dumping margin. In our hypothetical case, the dumping margin would be $100. The clear objective of the Antidumping Act is to eliminate any incentive that foreign firms might otherwise have to dump their merchandise in the United States. Typical Countervailing Duty Case If a foreign exporter receives a bounty or grant of $100 on exportation of an item which he normally sells for $1,000, he is then in a position to sell this item for $900 in the United States. An American producer may have been manufacturing this same item for sale in the United States for $950. If it were not for the subsidy payment, the American firm would, all other conditions being equal, be able to undersell its foreign competition by $50. Because of the subsidy, however, the American firm now suddenly finds itself in a situation where its product can be undersold in the United States by the foreign firm by $50 -- this despite the fact that if normal market forces had been allowed to function without interference, the American manufacturer's greater efficiency would have permitted it to hold its fair share of the market. - 4 If the Secretary of the Treasury finds that a bounty or grant is being paid or bestowed on exports to the United States, he is required to impose, on top of the normally assessed duty, an additional duty equivalent to the bounty or grant -- $100 in the case of our hypothetical example. The rationale of the statute is simple and straightforward. No U.S. firm, no matter how efficient, is in a position to compete successfully against the resources of a foreign government. Why should American firms lose contracts, and American labor lose jobs, when American merchandise is underpriced by foreign competition not through the operation of normal market forces, but because of subsidies given by foreign governments on exports to the United States? The subsidizations toward which countervailing duties are directed are recogniz~d as unfair international trade practices. United States--Major Target for Unfair International Trade Practices We represent the world's largest consumer market. Because of this, and because of the liberal access to our market which we have traditionally allowed to foreign competition, we have over the years become a major target for foreign governments and firms willing to resort to subsidies and dumping as a means of underselling U.S. produc within our own borders. What Administration Has Done To Discourage Unfair International Trade Practices When this Administration assumed office, five professionals in the Bureau of Customs were responsible for administering the Antidumping and Countervailing Duty Laws. In addition, one career Treasury official devoted part time to supervising this area. The consequences of the lax administration of these two statutes were predictable. Dumping investigations took two and even three years for the Treasury Department to complete. Countervailing duty investigations frequently took even longer. By the time the investigations were completed, even if there were a finding of dumping or a decision to countervail, the foreign dumpers and subsidizing governments had succeeded in their objective of penetrating the American market by means unfair to U.S. industry and lahor. This Administration has acted decisively and energetically on many fronts to halt the erosion that had been and was taking place in our international balance of trade. To the extent the practices I have described contributed to this process, they are being examined and acted upon within the context of our rejuvenated administration of the Antidumping and Countervailing Duty Laws. With the bipartisan support of the Congress, we increased the Treasury staff in the B~reau of Customs assigned to investigating and analyzing unfair international trade practices from 5 to 41, and we have since directed an increase to 60 professionals. We streamlined procedures in order to reduce the inordinate time required tu decide cases, In order to instituticGs1ize the changes that had been made and to establish a mechanism for adequate Treasury supervision in this area, the Secretary approved the establishment under my supervision of the Office of Tariff and Trade Affairs. We now have the mechanism to insure that the Treasury Department will have an ongoing operation for proper supervision and administration of these two acts. - 6 - We also made significant policy changes in the administration of the Antidumping Act. Among other things, in May, 1970, we terminated the old policy of indiscriminately accepting price assurances in dumping cases--a policy which was actually encouraging dumping. Now we accept assurances (that they will discontinue dumping prices) as a basis for closing out cases only when the dumping margins are minimal in relation to the volume of sales. Under the new policy, foreign concerns are impelled to take the Antidumping Act into account before they engage in sales to the United States. Results of Changes in Administration Approach The Administration's personnel, policy, and administrative changes in implementing the Antidumping and Countervailing Duty Statutes have brought substantial results. Antidumping investigations which previously took two to three years are generally being completed now by Treasury in nine to twelve months. Complaints filed during the past three years have been 50 percent greater than during 1966--1968. And the number of final decisions published by the Treasury over the same time periods has increased by 80 percent. U.S. industry and labor have reacted favorably to our efforts to defend Americans from unfair international trade practices. This is a development they had been seeking for years. The present Administration understands and is sympathetic with their problems and is doing something in their behalf. It is surprising and heartening to American industry and labor to learn that the filing of antidumping and countervailing duty complaints, where the evidence is plain, is no longer an exercise in futility. -7- What Lies Ahead Now. we are studying possible refinements of the use of these measures which defend U.S. industry against unfair competition, partly to make sure they appropriately cover newer practices that may be emerging. In new proposed Antidumping Regulations which were published for comment on April 19,we moved one step further in our plan to clarify and tighten further the procedures of the Antidumping Act. The comments are now being considered, and I anticipate that the revised regulations will be issued in definitive form in the near future. We are also turning our attention to making fully appropriate use of the Countervailing Duty Law to defend American industry against imports which are unfairly competitive because of foreign subsidies granted to exporters. With our expanded staff and administrative and policy changes, we are now, at long last, in a position to analyze many sophisticated subsidies which have previously escaped our attention. The same holds true in the field of dumping. Amendments of our Antidumping and Countervailing Duty Laws may be required to achieve freer and fairer competition in international trade. We are studying the possibility of such amendments in connection 'with our continuing campaign to guarantee effective administration of these statutes for fair trade. International Reaction to Administration's New Approach Not surprisingly, foreign governments and exporters did not react enthusiastically to the changes made. This is understandable since one of the consequences of the new approach was to make it more difficult for them to sell their merchandise in the United States. Instead of asking themselves why this was so, many of the governments and firms concerned automatically concluded that, to the extent that access to the U.S. market for their goods was being impaired by reason of the new - 8 - Administration approach, this constituted protectionism. Such a conclusion fails to take into account basic concepts of fairness in the conduct of international trade, as well as the explicit rules of the GATT. If, for example, foreign firms gain access to the u. S. market through subs_idization of their sales to this country, is it protectionism to take action to nullify the advantages gained by the subsidies? If such firms gain access to the U.S. market by dumping their merchandise here, is it protectionism to nullify the advantages gained from dumping? GATT Article VI and the International Anti-Dumping Code clearly indicate to the contrary. We take pride in our fair administration of these laws. Numerous complaints by domestic producers have been rejected because of lack of evidence of price discrimination, injury or subsidy. And critical foreign governments have failed to take note of the fact that, after investigation, a significant number of antidumping cases have resulted in negative determinations. And I should point out that vigorous application of these laws where appropriate has helped to forestall the enactment of protectionist legislation of a type which could turn the clock back twenty years on the movement for more liberal world trade. The basic problem that our major trading partners find with the measures taken by this Administration to counter unfair international trade practices is that once entry is effected into a lucrative market such as that of the United States -- regardless of the method by which it was achieved -- those profiting from such access are understandably reluctant to give up the advantages they have achieved. - 9 - No Vested Right in Lax Enforcement I am ~ prepared to concede that anyone, whether it be a foreign government or a foreign firm, has a vested right in lax enforcement of our international fair trade statutes. On the contrary, if we had been more alert years ago to the implications of proper utilization of the Antidumping and Countervailing Duty Laws, perhaps the United States would not be confronted with complaints from our business and labor communities that we have too long ignored their charges of injury from unfair international trade practices. We are all aware that it is precisely charges such as these that have encouraged the growth of protectionist sentiment in the United States, a development this Administration deplores and is doing its best to stem. A liberal trade policy can have no meaning if we do not subsume in the definition of liberal trade the concept of fair trade. I, therefore, see no need to apologize for the efforts we have made to strengthen the administration of these two statutes. It is desirable and was long overdue. The fact that realistic administration of these two statutes supports the efforts of the United States to improve its trade balance is not a point to be overlooked. Yet, even if the situation were reversed, and the United States had continued to maintain the strong balance of trade and payments position that it enjoyed in the 50's, I would still favor vigorous administration of these two statutes. This is because I firmly believe it is a mistake ever to allow unfair trade practices to take root. They are an impediment to the liberal trade policy for which the United States had consistently stood and stands. If, as I confidently expect, we once again achieve a healthy balance in our international payments, there are many measures that can be taken to correct imbalances that may thereafter develop. Overlooking unfair trade practices ought not to be one of them. - 10 - In short, I cannot see the United States returning to a policy which ignores the interests of efficient American producers and of American labor. Those interests are ignored when we permit foreign firms to benefit through subsidies or resort to dumping tactics. For too long, we have allowed access to our markets to foreign competition which was successful only because it disregarded internationally accepted liberal trade concepts. Worse yet, we did little about it, and what was done was ineffectual. The fact that we were previously ineffectual, in my opinion, is no argument for concluding that we should continue in that way. Although I believe in consistency, I see no virtue in being consistently wrong. The Future Under the leadership of president Nixon, the United States has embarked upon a program of discussions and negotiations designed to ~ad to a new set of monetary and trade rules and new procedures for implementing them which will lead to the establishment of a new Doctrine of Fairness in International Trade. These discussions, which can take place in more than one forum, will be long and arduous. We must be patient during this period until comprehensive agreements can be reached. In the meantime, in our case-by-case handling of complaints filed under the Antidumping and Countervailing Duty Laws,we expect to make an important contribution to the need to maintain fair play in international trade. We hope to demonstrate to our trading partners that neither they nor we can gain by engaging in unfair international trade practices; that everyone loses under such circumstances. This is why I said that these laws are instruments for freer trade. - 11 - president Nixon, in his message to the Ministerial Council Meeting of the OECD on May 24, referred to the generous assistance afforded by the United States under the Marshall Plan, and said, in part: "Now on this anniversary /of the Marshall Plan/, we face a new world and-new tasks. With restored strength in Europe and Japan comes the need to redefine those early post-war responsibilities. Together, we must erect a new international monetary system and make renewed progress toward a free and fair system of trade." *** "The tasks ahead ·will not be easy, but surely if we could rebuild from the ashes of war, we can succeed now in rebuilding a new era of growth and prosperity in the service of peace." 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE ON DELIVERY -- 10:00 A.M~DT STATEMENT BY THE HONORABLE GEORGE Po SHULTZ SECRETARY OF THE TREASURY BEFORE THE SENATE FINANCE COMMITTEE JUNE 28, 1972 Mro Chairman and Members of the Commi.ttee~ On July 1, 1972, the debt limit will revert to its permanent ceiling of $400 billion o The debt subject to statutory limit stood at $426 8 billion on June 27 and will be approximately $425 billion on July 10 In addition, assuming an operating cash balance of $6 billion we expect the debt to rise to approxDffiately $460 billion next Februaryo 0 Accordingly in order both to provide a margin for contingencies and to assure the new Congress an early opportunity to review the debt limit matter -- we recommended to the House Ways and Means Committee that the temporary ceiling be increased to $465 billion and extended to March 1, 19730 However, the Committee recommended -- and the House adopted -- an extension of the existing $450 billion ceiling only through October of this year. The 1972 fiscal situation has improved significantly in recent months o In our mid-session review, we estimated that the fiscal 1972 deficit would be in the range of $26 billion -- almost $~3 billion less than the January estimate o This improvement is primarily the result of a 8-12 -2$9 2 billion increase in revenues -- largely due to higher individual income tax receiptso Outlays also are now expected to be some $3 6 billion below the January estimateo Almost two-thirds of the reduction in outlays results from the delay in enactment of the President's revenue-sharing measure, which would have added some $202 billion to fiscal 1972 expenditureso 0 0 About two-thirds of the expected increase in individual income tax receipts is in withheld taxes, and largely reflects the over-withholding resulting from the Revenue Act of 1971 0 Looking ahead to fiscal 1973, we now see a unified budget deficit of $27 billion, $105 billion over the January estimate of $2505 billion o Total outlays -including the $202 billion in revenue-sharing which we expect to be spent in fiscal 1973 rather than this year are $3.7 billion highero Despite heavy refunds, receipts will also be higher than thought in Januaryo Taken together, the deficits for fiscal years 1972 and 1973 are now expected to be about $11 billion less than anticipated last Januaryo The needed increase in the debt ceiling is determined not only by the deficit in transactions with the general public (the unified budget) but also by the amount of Treasury debt held by the Federal trust funds and other government agencieso Virtually all of the reduction from our January estimates in our projected deficits for the two years, fiscal 1972 and 1973, has occurred in the Federal funds sector of the budgeto The trust funds are in surplus and therefore acquiring Treasury debt o However, contrary to popular belief, the trust funds are in surplus only because they receive substantial amounts of Federal funds each year o ~ 3- The following table is of interest in this connection: $ Billions Trust Trust Total Trust Trust Fund Receipts from the Public Fund Receipts of Federal Funds Fund Outlays Fund Surplus Actual 1971 54 08 1J.04 66 02 5904 6 08 Estimated 1972 1973 60 01 70 6 13.1 13 00 7302 83 06 6700 72 08 6:2 10 8 0 0 Table I (attached) shows our estimates of Federal debt subject to limitation by months through June 29, 1973 Assuming a constant $6 billion cash balance, the calendar year 1972 peak level will be $453 2 billion on December 15 On February 27, 1973, the level will rise to $460 billion, 0 0 0 In proposing to the Ways and Means Committee a new temporary debt ceiling of $1;.65 billion for the period through February 1973, we recognized that it will again be appropriate at that time for the Congress to review the b'J.dget and debt lirt.it situation against the background of actl,,'l experience in the first half of fiscal 1973 and in relation to the fiscal 1974 budget outlook o As already noted, the House has passed a bill which will merely extend (he $450 billion temporary limit to November 1, when further action would again be essentialo I view this intentiJn as unfortunate in view of the many other obligations fac.ing the Congress o We would very much prefer that the Congle;.·;~ accede to our original request HOvJever, we must defer to the exigencies of the situation, and ask you to ::.~eport a bill identical to HeRo 15390, the bill passed by the House of Representativeso Otherwise, I am concerned that June 30 will pass without final Congressional action e 0 I am sure I need not bela.bor before this Committee the need for Congressional action on the debt ceiling by June 30 The result of inaction on this matter would be a reversion to a debt ceiling some $25 billion below the level of the debt actually ol:cstanding o This would create an extremely difficl:lt situE:'::1.Jn for the Government in paying its bills and conducting its business o 0 -4I therefore recommend prompt and favorable consideration of this request for a $450 billion temporary debt ceiling through October 1972 0 Mro Chairman, in concluding my statement I would be remiss if I did not express my deep and growing concern about the emerging fiscal situation in this country With deficits this year and next, the Federal budget will continue appropriately to stimulate an economy in which unemployment is too high and plant utilization too lowo My concern is not that such deficits will not occur -- but that our seeming inability to master the Federal budget will swell them much beyond proper economic limits o If this unhappy event is allowed to occur, then we shall likely find ourselves overwhelmed once again by the ravages of demand-pull inflationo 0 We must not undo the good work of recent years o The difficult and courageous efforts to cool an overheated economy and restore healthy economic growth with high employment and stable prices must not be negated by a ballooning Federal budget which no one can contro1 Q The Administration is firmly convinced that the Congress must face up to this problem in this session o It can do so by enacting the tough, no-exceptions ceiling on outlays which the President first proposed in July 1970, and again in 1971 and January 1972 Adjusted for the delay in revenue sharing, that ceiling should be set no higher than $250 billion for the coming fiscal year, a level that approximates the revenues we would receive if the economy were at full employment 0 0 Although it would normally be appropriate to add such a measure to the debt ceiling legislation, time does not so permito The bill you are considering must be on the President's desk before midnight, June 30 0 Therefore a bill identical to that which passed the House yesterday is essentia10 But there will be ample time and opportunities to enact the President's outlay ceiling before final adjournment of this Congress o Indeed, the expiration -5- of the temporary debt ceiling on October 31 assures just such an opportunity -- and without the exigencies of the current situation 0 We therefore recommend -- and urgently -- that this Committee report out HoRo 15390 without amendment o 000 TABLE I Estimated Public Debt Subject to Limitation Fiscal Year 1973 ($ billions) Wi th $6 Billion cash balance 1972: June 30 425.4 July l7 28 31 434.0 435.5* 432.0 August 15 30 31 439.1 440.7;'t 439.4 September 15 29 446.4'': 439.0 October 16 30 31 444.7 447.3-:; 441. 8 November 15 29 30 448.9 15 29 453.2* 449.7 January 15 31 455.4;'; 449.4 February 15 27 28 458.4 460.0;': 456.8 March 15 29 30 463.5 469.8;'; 465.8 April 16 30 473.2;'; 463.3 May 15 30 31 470.2 15 29 477.9* 464.8 December 451.5~·; 447.1 1973 : June 475.4;'~ 371.8 June 28, 1972 TABLE II Budget Receipts Outlays and Surplus or Deficit (-) by Fund ($ billions) Fiscal Year Actual : :Current Estimat 1971 1972 197: Receipts: Trus t Fund s Federal Funds •....•.•....•..•.•••••.•.••.•• 66.2 133.8 73.2 83. 147.1 Deduct: Intragovernmental receipts .•..•.••• -11.6 -13.3 152. -13. 188.4 207.0 223. Trus t Funds ................................ . 59.4 67.0 Federal Funds .............•....•..•....•.•• Deduct: Intragovernmental outlays .....•.... 163.7 -11.6 179.3 -13.3 72. 190. .. 13. ................ , . 211.4 233.0 250. 41 ••••••••••••••••••••••••••••••• Total unified budget Outlays: Total unified budget Budget surplus (+) or deficit (-): Trus t Funds ................................. +6.8 ..29419 +6.2 -32.2 +10. Federal Funds .•..•.••.••••.•.••.•••••.••••• Total unified budget ......••.•..••.... -23,0 -26.0 -27. Office of the Secretary of the Treasury Office of Tax AnalYSis -ll:. June 28, ] TABLE: III Unified Budget Receipts Outlays and Deficits (-) ($ billions) Fiscal Year 1972 :January :Change from : Current 1972 :January 1972: estimate : estimate: estimate Receipts ••.. 197.8 Outlays 236.6 Deficit (-). -38.8 +9.2 +12.8 Fiscal Year 1973 :January :Change fram : Current 1972 :January 1972: estimate : estimate: estimate 207.0 220.8 +2.2 223.0 233.0 246.3 +3.8 250.0 -26.0 -25.5 -1.6 -27.0 Office of the Secretary of the Treasury Office of Tax Analys is Note: Figures are rounded and may not necessarily add to totals. June 28, 1972 TABLE IV Comparison of Fiscal Year 1972 Receipts -- as Estimated in January 1972 and Currently ($ billions) January :: Change from Janu.1ry 1972 Budget :: Curre 1972 :: Economic and: Legls- . 0 I : Ttl .. .]. t lcr 0 a .. estima : b udget .. re-estlmate:atlon: 86.5 30.1 I.ndiv idua1 income tax +1. 511 +7.9 +6.4 +1.5 94.4 31;·& 46.3 -0.1 +1.5 -0.1 -0.1 +0.1 +0.1 3;5 I:s tate and gift taxes ...•...•••••• Customs duties ...•...••..•••..•.•. :1iscellaneous receipts .....•..•.•• 3.4 15.2 5.2 3.2 3.5 -0.1 -0.1 Total budget receipts •.• ,.,." .. 197.8 +7.8 Curporat"ion income tax •••.•..•.••• [mplopnent taxes and contributions. Unemployment insurance •..•••..••.• Contributions for other insurance and retirement .••••.•••••.••••.• 46.4 4.4 Excise taxes ...................... . -0.1 4.;3 1~. ? ... 5.1 ]~2 ~ -0.1 +l.5 +9.2 207.0 Underlying Income Assumptions -- Calendar Year 1971 c~p ................................ Personal income ..........•..•.••• Corporate profits before tax ., .•.• 1047 857 85 Office of the Secretary of the Treasury Office of Tax Analysis J) Change in capital gains tax estimate • .:otc: TIle figures are rounded and may not necessarily add to totals. 1,~47 857 85. June 28, 1972 TABLE V Comparison of Fiscal Year 1973 Receipts -- as Estimated in January 1972 and Currently ($ billions) January:: Change from January 1972 Budget .. Current 1972 ::Economic and:Legis-: h : T 1" . . l' at er ota .. estlmate b u dget :: re-estDnate: atlon: : Individual income tax :orporation income tax .••••.••.••. ~Dployment taxes and contributions. Jnemployment insurance •..•.••.••.• :ontributions for other insurance and retirement •••••.•••••.•.••.• ,ixcise taxe s ................................ . Istate and gift taxes .......•.••.• ·~u8toms duties ............................ . 4iscellaneous receipts •..•....•••• 93.9 futal budget receipts •.••.•..•.. 220.8 35.7 +0.1 +0.3 +0.1 55.1 5.0 3.6 16.3 +1.511 +1.6 +0.3 +0.1 +0.1 +0.1 36.0 55.2 5.0 3.7 16.3 4.3 4.3 2.8 95.5 +0.1 +0.1 2.9 4.1 4.1 +0.6 +0.1 +1.5 +2.2 223.0 Underlying Income Assumptions -- Calendar Year 1972 ~NP ••••••••••••••••• o ••••••••••••• 1145 1145 ,ersona1 income •.•............•.• ~orporate profits before tax .•.•.. 924 99 924 99 Office of the Secretary of the Treasury Office of Tax Analysis ~I Change in capital gains tax escimate. lote: The figures are rounded and may not necessarily add to totals. June 28, 1972 TABLE VI Unified Budget Receipts Eatimated Receipts, Fiscal Years 1972 and 1973, January 1972 Budget and Current Estimate ($ billions) Fiscal Year 1972 :: Fiscal Year 1973 Total recei ts :Increase (+) or decrease (-):: Total recei ts Increase (+) or decrease {-} :-------::--p--'7 Current estimate over :: p Current estimate over January: Current: January estimate :: January: Current: January budget budget :estimate: Total :Legis1ation: Other:: budget :estimate: Total :Legislation: Other Individual income tax: Gross: Withheld •...........................•....•..........•.•.•. Other thsn withheld ...............•......••.••..•.•••••.•. Total gross ..•..........•.....••.••.•.....•.•..•.••.•••. Less: Refunds .... & ................... " .................. "" .......... "" .. " .................... " .. Net individual income tax .............................. . Corporation income tax ............................................................................. .. Employment taxes and contributions .•..•....•.••.••.•....•..... Unemp loyment insurance .................... " ........................................................ .. Contributions for other insurance and retirement ......•.•..... Exc ise taxes ............................ " .................................................. " ................ .. Estate and gift taxes ........................................ . Customs dut ies ................•.....•........•..•....••.••.•.• Miscellaneous receipts •..•...••.•..••.••.•..•••.•..••••••.•••• total receipts ....•.......•....•..•..•.•.•..•..•..•.••••..•• Office of the Secretary of Office of Tax AnalY8is ~he 7&.2 24.8 101.0 82.5 25.8 108.3 ...li..2 ...ll.J! 86.5 30.1 46.4 4.4 3.4 15.2 5.2 3.2 ~ 197.8 94.4 31.6 46.3 4.3 3.5 15.2 5.1 3.2 --1...1 207.0 +6.3 +1.0 +1':3 -0.6 +7':9 +1.5 -0.1 -0.1 +0.1 Nate: Figure. are rounded and may not add to totals. +7.. 9 +1.5 -0.1 -0.1 +0.1 * '* -0.1 * * +9.1 Treasury than $50 million. -~ -0.1 1/ Effect of delaying of increase in wage base from $9,000 to $10,200 pa.t June 10. 1972. "'~.a +6.3 +.L.Q +7.3 ." ." -Q.1 +9"""'3 84.3 26.6 1l0.9 .JL..Q 93.9 35.7 55.1 5.0 3.6 16.3 4.3 .- "2.8 ~ 220.8 94.8 .JM 119.7 24.2 "'"95.5 36.0 S5.2 5.0 3.7 16.3 4.3 2.9 4.1 22'3.0 +10.5 -1.7 +8.8 +7.2 +l.6 +0.3 +0.1 +10.5 -1.7 +8.8 +7.2 +1:6 +0.1 1/ +0.3 +0.1 +0.1 -to. 1 +0.1 +2.2 +{) .1 +2.1 June 28, 1972 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 MEMORANDUM TO CORRESPONDENTS: June 28, 1972 Attached is a letter to Congressman Wilbur Do Mills, Chairman, Committee on Ways and Means, from Treasury Secretary George Po Shultz recommending changes in the Internal Revenue Code that would permit casualty loss deductions in 1972 for victims of the recent flood disaster o 000 S-13 THE SECRETARY OF THE TREASURY WASHINGTON JUN 2 D1972 Dear Mr. Chairman; The recent floods in South Dakota and in the east have given rise to economic losses which represent personal tragedies to thousands of families and which will have a serious effect on the economies of the regions involved and of the nation as a whole. Rebuilding of lost homes and property must begin immediately. If the floods had occurred prior to April 15, the Internal Revenue Code would have permitted taxpayers suffering loss to get a casualty loss deduction against their 1971 taxable inc(lme, thus giving them innnediate tax relie'f which would help offset their losses. The President believes that, in order to alleviate the enormous personal hardships of the residents-of the flood disaster areas, the Internal Revenue Code should be amended to permit the treatment afforded to casualty losses occurring in the first three and one-half months to be extended to losses in the first six months of the year. Such an amendment would permit taxpayers with flood losses to elect to take their loss deductions against their last year's income tax instead of against next year's income tax, and thus to get immediate tax relief. We know that the time of your Committee is' heavily committed in the next few days, but nonetheless, kno~ing your interest in this humanitarian effort, we very much hope that the Committee can find time to deal with this subject, which we believe presents no major technical problems. - 2 - If the legislation can be enacted, the Ipternal Revenue Service has agreed to p~ovide assistance to taxpayers in ascertaining the amount of damage and in filing refun~ claims, and will do everything possible to expedite the payment of those refunds. Yours truly, The Honorable Wi'lbur D. Mills Chairman, Committee on Ways and Means House of Representatives Washington, ~D.C. 20515 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 27, 1972 TREASURY ANNOUNCES ACTION ON FIVE INVESTIG.~TIONS UNDER THE ANTIDUMPING ~CT Assistant Secretary of the Treasury Eugene T. Rossides announced today Treasury's actions with respect to five investigations under the Antidumping Act of 1921, as amended. In three cases the Treasury is withholding appraisement pending completion of its investigations, and in two cases the Treasury has issued findings of dumping. The decisions will be published in the Federal Register of June 28, 1972. In the first case, Mr. Rossides announced the withholding of appraisement of Kanekalon wigs from Hong Kong. Under the Antidumping Act, the Secretary of the Treasury is required to withhold appraisement whenever he has reasonable cause to believe or suspect that sales at less than fair value may be taking place. A final Treasury decision in this investigation will be made within 3 months. If a determination of sales at less than fair value were made in this investigation, the case would then be referred to the Tariff COlrumission, which would consider whether an American industry is being injured. If sales at less than fair value and injury were shown, dumping duties would be assessed as of the date of withholding of appraisement. During the period from June 1970 through May 1971, Kanekalon wigs imported from Hong Kong were valued at approximately $19 million. In the second and third cases, the Treasury is withholding appraisement of perchlorethylene from France and Japan. Perchlorethylene is a chlorinated solvent commonly used as a dry cleaning fluid and as an industrial degreasing solvent. As in the first case, a Treasury decision in these investiqations will be made within 3 months. If the Treasury determines there a~e sales at less than fair value in either or both cases, the case or cases will be referred to the Tariff Commission for an injury determination. The total value of perchlorethylene imported from France during the period from January through December 1971 amounted to approximately $1 million. During the same period, the total value of perchlorethylene imported from Japan amounted to approximately $110,000. 8-14 (OVER) -2- In the fourth case, Assistant Secretary Rossides announced that the Treasury has issued a dumping finding with respect to elemental sulphur from Mexico. On February 4, 1972, the Treasury Department advised the Tariff Commission that elemental sulphur from Mexico was being sold at less than fair value within the meaning of the Antidumping Act. On May 4, 1972, the Tariff Commission determined there was injury. In such situations the dumping finding automatically follows as the final administrative requirement in antidumping investigations. Dumping duties will be assessed on imports of elemental sulphur from Mexico which have not been appraised and on which dumping margins are found to exist. During the period from January 1971 through March 1972, imports of elemental sulphur were valued at roughly $16,500,000. In the fifth case, the Department issued a dumping finding with respect to asbestos cement pipe from Japan. On February 2, 1972, the Treasury Department advised the Tariff Commission that asbestos cement pipe from Japan was being sold at less than fair value, and on May 2, 1972, the Tariff Commission issued a determination of injury. During the period from January 1971 through April 1972, imports of asbestos cement pipe from Japan were valued at roughly $1.5 million. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FO~ IMMEDIATE RELEASE June 28, 1972 TREASURY ANNOUNCES ACTIONS ON TT..;rO INVESTIGATIONS UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Eugene T. Rossides announced today Treasury's actions with resoect to two investigations under the Antidumping Act of 1921, as amended. In one case the Treasury is withholding appraisement pending completion of its investigation, and in the other case there is a tentative determination of no sales at less than fair value. The decisions will be published in the Federal Register of June 29, 1972. In the first case, Mr. Rossides announred the withholding of appraisement of color television picture tubes from Japan. Under the Antidumping Act, the Secretary of the Treasury is required to withhold appraisement whenever he has reasonable cause to believe or suspect that sales at less than fair value may be occurring. A final Treasury decision in this investigation will be made within 3 months. If a determination of sales at less than fair value were made in this investigation, the case would then be referred to the Tariff Commission, which would consider whether an American industry is being injured. If sales at less than fair value and injury are shown, dumping duties would be assessed as of the date of withholding of appraisement. During calendar year 1971, color television picture tubes imported from Japan were valued at approximately $4 million. In the second case the Treasury announced the issuance of a tentative determination of no sales at less than fair value in connection with its antidumping investigation of fire-extinguishing foam from Canada. Information gathered in this investiqation shows that the price to buyers in the home market was lower than the price to buyers in the United States. Appraisement of this merchandise has not been withheld. During the one-year period from March 1971 through February 1972; fire~extinguishing foam imported from canada was valued at slightly more than $200,000. In both cases, before a final Treasury determination is made, an opportunity will be afforded interested parties to present written and oral views on these actions. 000 5-15 The Department of the TRfASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE ON DELIVERY 10 :00 A.M. , EDT STATEMENT BY THE HONORABLE GEORGE P. SHULTZ SECRETARY OF THE TREASURY BEFORE·THE COMMITTEE ON FINANCE UNITED STATES SENATE THURSDAY, JUNE 29, 1972 , 10:00 A.M. , EDT mitte e: Mr. Chai rman and Members of this disti ngui shed Com publ ic I want to than k you for begi nnin g so prom ptly your ue reven hear ings on the vita lly impo rtant matt er of gene ral ediat ely afte r shar ing. Your deci sion to begi n delib erati ons imm al Assi stanc e succ essfu l Hous e actio n on the Stat e and Loca l Fisc when gene ral Act of 1972 (H. R. 1437 0) prom ises to haste n the day reven ue shar ing becom es law. -The peop le of this natio n have been telli ng us that they doub t gove rnme nt's capa city to meet thei r publ ic serv ice need s; they think gove rnme nt cost s too much ; they feel unab le to influ ence the cour se of even ts that gove rnme nt take s. and Ther e is an unea sine ss, diss atisf acti on, frus trati on our t abou t doub g conc ern among the peop le toda y, and a risin er. abil ity to gove rn ours elve s in a fair , ratio nal mann 25 Gove rnme nt has moved away from the peop le in the past ~nt dist too is nt year s. The peop le seem to feel that gove rnme they face to prov ide sens ible solu tion s to the pres sing prob lems of a prob lem ever y day. Over the past 25 year s, the reco gniti on . Prog ram in Ame rican soci ety has mand ated a Fede ral solu tion the hope atop Fede ral prog ram has been adde d in Wash ingto n with bure aucr acy that if we throw enou gh Fede ral doll ars and Fede ral at the prob lem, it will go away . S-16 - 2 As a result of this almost reflex practice, the structure of our Federal system has become exceedingly top-heavy. Moreover, the increased concentration of programs at the Federal level'has virtually guaranteed that overall government in the country will become more distant from the people. But this generation of new programs has not contributed as hoped to the solution of our basic problems. Indeed, it may have exacerbated them and worsened our ability to solve local problems effectively. We have put in place over 500 Federal Grant-in-Aid programs which form a crazy-quilt of partial solutions to particular local problems in the nation. This plethora of narrow programs has created an enormous Federal bureaucracy and forced our state and local governments to compete with one another in their quest for Federal grants-in-aid. Virtually all of our states have been forced to open Washington offices in order to "win" Federal funds. The application process frequently takes as long as 18 months even for those who know their way around the halls of our Federal agencies. How many times have each of you had to intervene for your state to expedite a grant request or mitigate the red tape that has engulfed Federal-state relations? This maze of programs has signifieantly reduced accountabilit at the state and loca+ level because it has generated literally thousands of new special purpose districts that have been set up to receive and spend these funds, but which only infrequently answer to the voters~ In 1957 there were 14~000 special districts in the United States -- in 1972, there are approximately 22,000. In contrast, the number of counties, cities, and towns has remaine rather stable over this period while the number of school district has actually decreased. This bewildering array of different kinds of local government has confused, frustrated, and angered the public. It also has created in Washington a vast number of uncoordinated and sometimeE duplicate efforts to solve the 5ame, or similar problems. We may laugh at this lack of coordination among Federal agencies, but it is the public confidence in government that ultimately suffers. -3- These are the developments that our people know about. These are the trends that we must reverse. We cannot afford to ignore, or dismiss, this growing disenchantment. Our very system of government is at stake, because a republic which does not enjoy the confidence of its people is a republic in trouble. We simply must find ways of making our Federal system work better. We have to make it more responsive, more efficient, and less costly. It is in this context that general revenue sharing ought to be debated and discussed. General revenue sharing seeks to achieve basic reform in the manner in which the central government provides aid to the states and their localities. It is a brand new technique which has been designed purposely to break with the traditional practices of the categorical aid type programs. The aim is to provide critically needed financial assistance to State and local governments under a format which will simultaneously shift more authority for decision-making to these units of government. Only by this coupling of discretion with dollars can we make real progress in moving government closer to the people--in order to face realistically and to solve positively the problems that beset us. This idea of providing unrestricted aid to state and local government has not gone without criticism. Before turning to the specifics of President Nixon's proposal and H.R. 14370, I would like to comment briefly on the most frequently made objections. First--How can we share revenues when the Federal budget in a deficit? lS As former Director of the Office of Management and Budget, I know perhaps as well as anyone the meaning of expenditures being in excess of revenues. The budgetary deficits we have experienced have been crucial in returning the economy to an expansionary path. Our experience in the first and second quarter of this year bears this out. Given then that our budget is out of balance, and that it is an important countercyclical fiscal device, we may still inquire if revenue sharing should be funded. -4- Each year, hundreds of requests come in to OMB for upward adjustments in appropriation requests. Hundreds get turned down. The question really is -- is revenue sharing worth it? The answer is twofold. First, the basic reform and revitalization of our Federal system is a number one priority in the nation. The malaise and frustration of the American public require that we redefine our approach to assisting states and local governments now, today. Tomorrow is too late. Secondly, the alternative to no revenue sharing this year would, in my judgment, not be a smaller deficit but rather an increase in other programs of lower priority. Two--Won't revenue sharing actually increase the control of the Federal government over the states and localities rather than decrease it? While I have heard this question many times, I must admit that I am unable to comprehend its rationale. It might have validity if we were to roll back history and reopen the question of the propriety of Federal fiscal assistance to the States and localities. Obviously that is not a realistic option in 1972, when Federal aid to State and local governments has reached an annual level of $40 billion. The concept of general revenue sharing has developed out of a growing concern that the traditional forms of Federal aid involve too much Federal control. We believe that this less conditional form of fiscal assistance will result in a reduction of Federal control and will serve to revitalize the decision-making capacity of State and local government. Three--Doesn't revenue sharing violate a time-honored principle of public finance by divorcing taxing responsibility from spemding responsibility? Here again, it should be recognized that our categorical grant-in-aid programs have in fact done this for some time. Despite the Federal controls, the spending under these programs, in the final analysis, has been by the State and local governments. There is a good deal of evidence that the state governments have not suffered in their transfer-of-funds programs to their localities. Moreover, it should be borne in mind that the Congress is making the overall spending decision by inaugurating the revenue sharing program. Should it find -5- ~at the goals of revenue sharing are not being achieved, the Congres s can change the program or end it as it sees fit. At the local level we must recognize ~hat revenue sharing will reduce the upward pressure on regress~ve property and sales taxes. And it relieves these pressures primarily through the most progressive financing device we have at our disposal: the Federal individual income tax. At the same time, the individual taxpayer will acquire a stronger voice in how governmental services are provided to him because these decisions will be made at the local level rather than in WaShington. Needless to say, these officials are more accountable to him than those ~ the Federal agencies. four--Why not provide a Federal tax credit for state and local lnCo'me taxes? It is our view that the tax credit is an inferior device for fiscal reform and fiscal relief. The beneficiaries of the credit would be at the outset local citizens. There would be no fiscal relief to state governments. And, except in a few states, a eredi t would not provide any fiscal relief to localities, because few have local income taxes. In addition, the tax credit approach would provide a permanent advantage to high income states. Others have suggested that instead of revenue sharing, we ought to increase further our reliance on Federal categorical grants to states and localities. I cannot imagine a less productive alternative. We do not need more of the same. We do need a basic reform in the way we provide aid to the states and localities. --MORE-- -6- To sum up: For our states and localities: Revenue sharing represents a substantial new assistance in meeting recurring financial crises. As is well known, the states and localities rely primarily on sales and property taxation. These two taxes tend to provide less revenues per increase in gross national product than the Federal individual income tax. As a result, there has been a ch~onic shortfall of revenues as public service demands grow ~ith the economy. In turn, the provision of public services has been chronically below that demanded. The federal pre-emption of the individual income tax has caused this structural imbalance in fiscal resources which revenue sharing will redress in good measure. The delays and rigidities that plague current Federal aid programs will be replaced by a supple, viable, prompt, and responsive system. For our entire Federal system: General revenue sharing offers new hope for the revitalization of state and local govern~ ment. Revenue sharing reflects a strong Federal commitment to domestic needs in the states, counties, and cities. At the same time, it signals a new respect and faith in the capacity and wisdom of local self-government. This is the philosophy that underlies the general revenue sharing approach to Federal aid to state and local governments. Mr. Chairman, the specifics of President Nixon's revenue sharing proposal are well known. Let me refresh the Committee's memory on that basic proposal, while at the same time noting what the House actually did in passing the State and Local Fiscal Assistance Act of 1972. 1. The President proposed that specified amounts of funds be returned to states and localities each year. In order to assure that these units of government would have an opportunity to order their own priorities and plan their spending, the Administration proposal would have tied the amount to the individual income tax base. On this formula, the total grant would be $2.25 billion for the retroactive period from January 1, 1972, to July 1, 1972. In FY73 it would provide $5.3 billion and climb to an estimated $6.9 billion by FY76. Over the period of the House bill -January 1, 1972 - December 30, 1976 -- the Administration approach would payout $29.85 billion. The amounts to be distributed under H. R. 14370 are not tied to the tax base, but are specified in the statute. The House bill does provide for growth of $300 million a year after the first year of operation. By FY76 over $6 billion annually will be paid out. The total over the five years of the program is $29.8 billion -- virtually identical to the five-year total under the President's proposal. -7- 2. The President proposed that the funds be distributed to the states and localities on a fair and equitable basis. Specifically, the portion going to the states would have been determined by population adjusted for revenue effort (revenues raised relative to personal income in the state). The portion going to the localities would have been distributed on the basis of local revenues raised relative to the total of all revenues raised in the state. H. R. 14370 distributes $1.8 billion directly to state governments. Of this total, $900 million would be distributed on the basis of general tax and tax effort in the state, and the remaining $900 million on the extent to which the state relies on the individual income tax. 3. The Pr.esident proposed that the use of the funds by the states and localities be unrestricted--except that they would have to be expended legally and without discrimination. H. R. 14370 includes a non-discrimination provision and attaches no strings to the use of the $1.8 billion which goes to the state governments. Local units would, however, have to use the $3.5 billion allocated to them for operation of priority purposes: they can spend these funds for public safety, environmental protection, and public transportation programs. Allowable capital expenditure items are: sewage collection and treatment, refuse disposal systems, and public transportation. 4. The President proposed that the funds within each state be distributed on the basis of relative local revenues. The House bill contains a series of complex formulas that distribute funds on the basis of population, urbanized population, and population weighted inversely by per capita income. 5. Under both the President's proposal and the House bill, the financial reporting will be simple. During executive session in the Ways and Means Committee a variety of other formulas were conEidered. One included tax effort and inverse per capita income as a modificati<:m to th~ President's proposal. However, each of the al ternat~ ve s rev ~ewed Contained certain anomalies. The House formula represents a series of constructive compromises on the difficult matter of Within-state allocation. If the Committee wishes to reexamine the Solutions found in the House bill, we would be happy to work with you to improve the bill. -8- There are then certain differences between the President's proposal and the House bill. While we prefer determining the amount to be shared each year as a percentage of the Federal tax base, we also respect the desire of the Congress to limit the duration of the program so that it can be evaluated and changed if necessary. We feel certail that a five-year trial period is sufficient to see if this redirection in our Federal system is as effective as we anticipate. In the distribution of funds among state governments, the House bill places great emphasis on state income taxes. It has been the position of the Administration not to favor particular state tax instruments, but rather to reward overall state and local tax effort. Accordingly, we would prefer to replace the income tax incentive with a provision closer to the President's original proposal. Another difference involved the restrictions placed on local uses of these revenue sharing funds. The President's proposal required only that the funds be used for legitimate governmental purposes and in a nondiscriminatory fashion. The House bill provides for a series of high priority categories. We would recommend that your Committee consider removing these restrictions on local spending contained in the House bill. A third aspect of the House bill-which deserves comment is the use of urbanized population as a factor to distribute the $3.5 billion among the states to the localities. This factor discriminates rather severely against three states (Alaska, Vermont, and Wyoming) without urbanized population. Consequently, we recommend that the Committee explore ways of removing this discrimination. As I indicated before, the House bill bears an essential similarity to the President's proposal. We endorse it and hope that we can work with this distinguished Committee to improve upon it as an instrument to reform and revitalize our Federal system of government. Mr. Chairman, I again thank the Committee for these early hearings and urge you to move with all deliberate speed in reporting a general revenue sharing measure to the Senate. APPENDIX I DESCRIPTION OF FORMULAS IN STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972 (H. R. 14370) June 29, 1972 1. overview of Bill. The Mills revenue sharing bill, H. R. 14370, provides about $30 B of aid to state and local governments over 5 years. ~ . Each $3.5 B is allocated to localities and $1.8 B to state govern- .nts. The $l~8 B grows by $300 M a year after the first year. JAX:alities must establ.ish a trust fund to spend the money and mwt establish that they will spend only for certain high priority ~ses :Ie that are specified in the bil.l.. In contrast, there are limitations on state uses of the state grants. In addition, the blll provides for the federal collection of state imposed individual income taxes after January 1974 after 5 states with at least 5% of the returns have bldicated a willingness to "piggyback" onto the federal tax system. 2. Allocation Formulas. A. Allocation of $3.5 B to Local Governments. i. State Area Allocations Formula. Each year for five years the $3.5 B is distributed among ~te geographic areas on the basis of population, urbanized popula- ~n (the number of persons living in cities over 50,000 or more) ad population weighted by per capita income. More specifically, 1.167 B is distributed among state areas on a population basis; • share per state for population is simply the state's share of the S. population multiplied times $1.167 B. $1.167 B is allocated .aqoUSly anlong state areas on the basis of urbanized population. - 2 - The final $1.167 B is allocated by multiplying a state's population by a need index, and comparing the state's population weighted need to the sum of all of the state's weighted for need. in turn is th~ for The index per capita income of the United States divided by the per capita income of the state. Thus, a state with a below .average per capita income will have a need index value over 1.0 while a well to do state will have a need index below 1.0. The higher index value in turn then increases the shale of the $1.167 B going to a state compared to the share it would get based on just population. Once the allocation is made to the state area on the basis of the above three factors, the funds are allocated to county geographic areas. For the first year and one-half of the program, a specific formula, specified in the bill, allocates the funds to the county area and below. Subsequently, however, a state may use certain alternative formulas in a manner specified in the bill. ii. Allocation Formula to County, City, and Township Governments for First 1-1/2 Years. The allocation to individual local governments is derived in a series of steps. First, the three state area amounts are dis- tributed to county geographic area on the same basis. Thus, a county area receives an allocation of the state population amount based on the county area's share of the state population. Similarly, - 3 - izatio n amou nt a count y area recei ves an alloc ation of the state 's urban popu lation . based on the count y area I s share of the state 's urban ized popu lation Final ly, the amou nt alloc ated to the state area based on anala gous weigh ted-fo r-nee d is alloc ated· amon g count y areas on an a incom e basis excep t that the need index is now the state per capit divide d by count y area per capit a incom e. This alloc ation proce dure aphic area level . thus creat es three dolla r amou nts at the count y geogr is The furth er divis ion 0'£ these three count y area amoun ts 'County area. first made among types of local gover nmen ts withi n the' all citie s '!ben, havin g deter mine d how much the count y gover runen t, ation is made (or all towns hips) in the count y shall recei ve, an alloc moong those local gover nmen ts. This first divis ion is made on the basis of relat ive adjus ted taxes raise d. So, if a count y gove~ent count y area, raised 20 perce nt of all non-s chool taxes raise d in the ation s to the it would recei ve 20 perce nt of each of the three alloc on the basis county area (20 perce nt of the ammmt to the count y area and 20 perce nt of popu lation , 20 perce nt on the basis of urban izatio n, ~ the basis of popu lation weigh ted by the need index ). three 'the secon d divis ion of the remai ning 80 perce nt of the ~unts follow s the patte rn estab lishe d in the formu la alloc ating &mds to the count y area. Each city recei ves a share of the 80 perce nt total city popu laof the popu lation amoun t based on its share of the Uon in the coun ty. ~percent Simi larly , each city recei ves a share of the ted of the popU lation amou nt based on city popu lation weigh - 4 by a need index. Here, the index is the ratio of county area per capita income divided by city per capita inconle. The distribution of the 80 percent of the urbanized population amount among cities is slightly more complex than in the first division of funds because there are no urbanized population data at the city or township level. TO allocate the urbanized population amount, part is distributed on the basis of population, and part on the basis of population weighted by the need index. The exact amount that is distributed on each basis is determined by prorating on the basis of the relative size of the original two amounts at the county area level. Thus, if $1 M came to the county area on the basis of popula- tion and $2 M on the basis of population weighted for need, 1/3 (1/(2 + 1» of the urbanized amount would·be distributed among cities on a population basis and 2/3 on a population-weighted-by need basis. iii. Arithmetic Example of Allocation Formulas for First 1-1/2 Years. a. State by State. Suppose State X has 4.36 percent of the U. S. population, 4.80 percent of the U. S. urbanized population, and a per capita income of $3373. The amount going to the state area on the basis of population then is $50.87 M (4.36% x $1.167 B)i the amount going to the state area on the basis of urbanized population is $56.0 M (4.80% x $1.167 B). Suppose further that the state's population, weighted for need, is 3.94 percent of the sum of all the states - 5 wighted for need. That is, since the state has a higher than average per capita income, its :::-;hare of the U. S. population adjusted for need is ~en, relativel~{ SITh'JJ.l~r. the state would receive than its straight population share. ~45.98 on the basis of population weighted for need. b. Within Sta-te. (i) To County 'uea 1. Suppose COllnt;{ Area 1 has 15.0 percent of the state population. Then the county area would receive $7.63 M on the basis of population (15% x ~50.87 M). Suppose that the county area had 18 percent of the state's urbanized population; then $10.08 M would be allocated to the county area on the basis of urbanized population (18% x $56 M). ~9 Finally, suppose the county had a per capita income of $3,582. ~Uld Then its need index score be .9416 ($3373/3582), and it would get a smaller percentage of the state -area grant based on need than had its share of this alDunt been based just on populatio""l. Suppose the county area ~lation to 12 percent of the sum of weighted for need works o~t the county area populations weig~1ted for need. Then the area would receive $5.52 M on this last basis. O. i ) within County Area 1. Suppose L~ere is a county government, and two city governments in the county area, and suppose further that the county go~rnment raised $1 t-: in non-school taxes and each of the - 6 cities raised $1 M in non-school taxes. Then the county government would receive 33.3 percent of each of the three amounts to the county area since it raised 33.3 percent of all local non-school taxes in that county area. Thus, the county government would receive $2.54 M from the area population amount (1/3 of $7.63 M), $3.36 M from the area urbanized population amount (1/3 of $10.08 M), and $1.84 M from the area population-weighted-for-need amount (1/3 of $5.52 M). The two cities would share, on the basis of population, the remaining 2/3 of the population amount ($5.09 M), and would share, on the basis of population-weighted-for-need, the remaining 2/3 of the $5.52 M ($3.68 M). The cities also share the remaining $6.72 M (2/3 of $10.08 M) that came to the county area on the basis of urbanized population. Since $1.63 M came to the county area on the basis of population and $5.52 M came to the county area, 7.63 $13.15 or 58.0% of the $10.08 M is shared between the two cities on a population basis and 42.0% of the $10.08 M is shared on a populationweighted-for-need basis. If a local grant is calculated to be less than $200, the bill provides that the funds go to the county government in which the city or township is located. There is also a maximum grant that any local unit may receive: the bill provides tha~ no locality may receive a grant in excess of 50% of its revenues (including Federal and state transfers, exclusive of those transfers in the bil~. The excess is distributed among other localities in the county on the basis of the formula. - 7 (iii) Possible State Variations ir. Local Formulas. Two kinds of variations a.ce state goverrunent. ava~~ab.i.e to t.hE: First, it can replace populatic:l in the first part of the formul.a with population weighted by per. capi.ta ddjasted taxes. Thus, rather than allocate the $50.87 M among t~1e c:01mty areas on the basis of population f it can stipula~E' that ":tle ~50,,87 be distributed on the basis of pOFmlation "..eighted by ad j ustec' taxes. 3Udlarly, in the allocation among cities (and townships) , the state may stipulate that population weighted by adjusted taxes ::-athe!" than ~pulation alone allocate the area funds. This general va~i2tion is called the "Bit formula, and a state can specify that it be used to the county area but not within, to the county area and within, or just wi thin the county area. The second kind of variation a state may use involves the relleiqhting of .the three factors at the state level. arithmetic example, the state received three In the above a!rlt'u..''lt£:: $SG.a7!vi (population), $56.0 M (urbanized population), and $·~5.98 z.i (need). '1'0 reweight these three factors, a state can reduce any of the three amounts by up to 25 percent, and increase any a..'TtOU!lt by up to 40 percent. So, in terms of the above, f'J~ example I if the state wanted ~qive more weight to urbanization and less to population, it could take 25 percent of the population amou.,t or $12.72 tJi (1/4 of $50.87 M), - 8 and add it to the urbanization amount which would then rise to $68.72 M ($12.72 M + $56.0 M). Since this is a 22.7 percent increase in the urbanization amount, this reweighting does not violate the 40 percent rule. A state can corr~ine both kinds of formula variations; however, in using either type of variation, it must do so by state law. B. Allocation of $1.8 B to state Governments. The state government grant is based on two formulas, each of which allocates initially $900 M. i. Formula Based on Taxes and Tax Effort. Each state share of the first $900 M is calculated by multiplying a states total taxes by its tax effort (total state and local taxes divided by total personal income) and dividing this figure by the sum of these figures for all states. The resulting percentage is that state's share of the $900 million. ii. Formula Based on State Imposed Individual Income Tax Liabil i tie s . The second $900 M is based essentially on 7-1/2 percent of state individual income tax collections. Each state is to re- ceive this 7-1/2 percent, but no more than 3 percent of the federal individual income tax liability in that state; if it has no individual income tax, then it receives one-half percent of the federal individual income tax liability. If the sum of all the state grants in the above procedure exceeds $900 M, then each state receives its prorata share of the $900 M. - 9 After the first full year of operation, $300 M of additional 'hold harmless' funds are added to the State entitlement. Of this annual increment of $300 N, $200 M is distributed on the basis of individual income tax collections, and $100 M is distributed on the basis of total taxes and tax effort. The Department of the TRfASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR RELEASE UPON DELIVERY STATEMENT BY THE HONORABLE EUGENE T. ROSSIDES ASSISTANT SECRETARY OF THE TREASURY FOR ENFORCEMENT, TARIFF AND TRADE AFFAIRS, AND OPERATIONS BEFORE SUBCOMMITTEE NO. 5 OF THE HOUSE COMMITTEE OF THE JUDICIARY June 29, 1972 10:00 a.m. On behalf of the Administration, I wish to thank you, Mr. Chairman, for providing us with this opportunity to appear here today to comment upon our enforcement experience under the provisions of the Gun Control Act of 1968; and to comment further upon possible legislative improvements that could be made to the Act; and upon the general subject of federal legislation concerning firearms, which legislation has been referred to and is currently pending before this Subcommittee. The Gun Control Act of 1968 had just become effective when this Administration took office. In 1969, when we were requested to comment upon the Act, we stated that we had insufficient experience under the Act to judge its operation and effectiveness. The Act has now operated long enough for us to make some informed judgments regarding "it, and its administration, and its enforcement. The results are mixed. Concerning overall enforcement, one of the primary problems that developed as we gained experience S-17 - 2 - administering this relatively new law arose from the manner in which the enforcement responsibility was structured within the Internal Revenue Service. Enforcement was basically organized under seven regional cornmissionerswho exercised a relatively high degree of autonomy. A pattern began to emerge of varying approaches to enforcement and inconsistent interpretations of the Act among the various regions. Further, firearms enforcement work differed significantly from the general tax compliance mission of the Internal Revenue Service. We undertook an intensive study on how most effectively to resolve this basic administrative problem and, as a direct result of our study, on March 8, 1972, the Secretary of the Treasury announced that the Alcohol, Tobacco and Firearms Division of the Internal Revenue Service would be transferred, effective July 1st, to the Treasury Department as a separate bureau. The Bureau will be named the Bureau of Alcohol, Tobacco and Firearms. We believe that with the transfer we will be able to achieve improved coordination and control over the general enforcement of firearms laws and greater flexibility in administration without disturbing revenue functions. To be more specific, through the reorganization, we expect to achieve the following: 1. Uniform administration of Federal firearms laws including standardization of policies regarding issuance and denial of licenses; 2. Centralized direction of the enforcement of firearms laws, including improved quality of investigation and prosecution of criminal cases; 3. Improved liaison with state and local law enforcement agencies, the firearms industry, and concerned public interest groups; - 3 - 4. More effective utilization of total manpower resources, particularly utilizing non-law enforcement personnel for regulatory aspects of the firearms laws, such as for firearms application and compliance investigations; 5. Greater centralization and standardization of the enforcement training programs; 6. Strengthening of the bureau's headquarters' in-house capability for monitoring and evaluating the direction and effectiveness of field activities, including close review of all sensitive firearms investigations; and 7. Faster and more direct forms of communication between bureau headquarters and field offices. Most personnel of the Division will remain in their present position with the new Bureau, but there will be some personnel reassignments with the goal of providing expanded expertise at critical points. We believe that we have gained much experience over the past three and one-half years in learning how to deal with this new Act and with the new responsibility for enforcement in an area that is extraordinarily sensitive and difficult. It should be noted that between 1968 and 1971 enforcement personnel within the Division increased from 978 to 1,626. This is a very brief time span. Sudden growth and direction changes of this character did result in some general overall enforcement-problems. We believe that the organizational changes from a decentralized organizational structure to a straight line-authority type law enforcement agency will materially increase our law enforcement effectiveness, and enable us to direct our efforts better to assist state and local law enforcement agencies and to concentrate on major type criminal conspiracies involving firearms. - 4 - We support the general concepts embraced by the Gun Control Act of 1968. Specifically, we support licensing of importers, manufacturers, and dealers in firearms and the provisions which forbid the possession of firearms by felons, drug addicts, and mental incompetents. We support the mandatory serialization and recordkeeping provisions and find that they have been of material assistance. We support the restrictions against mail order sales. We support the strict controls and prohibitions that attend machine guns, sawed-off shotguns, bazookas, and other similar armament that serve no legitimate role in the private sector in this country. We believe that concepts of registration of firearms and licensing of their users would be better left to the determination of state and local governments. In this way, the pattern of laws dealing with this subject can better accommodate the great differences that obtain among the several states. For example, the circumstances relating to firearms differ considerably among Alaska, and the mountain, western, and southern states and New York City or Chicago. Further, by proceeding in this manner, state and local governments would retain basic enforcement responsibility consistent with our national tradition of basic police power residing in our states. If we were to establish broad federal authority in this area, we would also create the need for a national police force for enforcement, which concept we strongly oppose. It is our aim to support, not supplant, the over 350,000 state and local police officials in this country. For this reason, the Administration would resist much of the legislation that currently is pending before this Committee. We might only observe that the wide diversity of legislation reflects the wide spectrum and diversity of thought that obtains in this land on this general subject; - 5 - These matters are being studied and reviewed in the context of the new Bureau and organization structure. We appreciate your having provided us with an opportunity to appear here today and to present our general views on the subject of firearms control. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 FOR IMMEDIATE RELEASE June 29, 1972 TREASURY ANNOUNCED ACTIONS ON FIVE INVESTIGATIONS UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Eugene T. Rossides announced today Treasury's actions with respect to five investigations under the Antidumping Act of 1921, as amended. In the first two cases there is a final determination of sales at less than fair value; in the third case, the Treasury is withholding appraisement pending completion of its investigation; and in the fourth and fifth cases, antidumping investigations are being discontinued. The decisions will be published in the Federal Register of June 30, 1972. In the first case, Assistant Secretary Rossides announced that cast iron soil pipe fittings from Poland are being sold at less than fair value within the meaning of the Antidumping Act. The case will now be referred to the Tariff Commission for a determination as to whether an American industry is being, or is likely to be, injured. In the event of a determination of injury, dumping duti~s will be assessed on all entries of cast iron soil pipe fittings from Poland which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement" was issued on April 26, 1972, which stated that there was reasonable cause to believe or suspect that there were sales at less than fair value. During the period from January 1970 through December 1971 imports of cast iron soil pipe fittings from Poland were valued at approximately $250,000. In the second case, the Treasury announced that dry cleaning machinery from Germany is being sold at less than fair value within the meaning of the Antidumping Act. The case will now be referred to the Tariff Commission for a determination as to whether an American industry is being, or is likely to be, injured. In the event of an affirmative injury determination, dumping duties will be assessed on all entries of dry cleaning machinery from Germany which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement" was issued on - 2 April 7, 1972, which stated there was reasonable cause to believe or suspect that there were sales at less than fair value. During the period from July 1970 through March 1972 the value of imports of dry cleaning machinery from Germany was approximately $4,737,000. In the first two cases, interested parties were afforded an opportunity to present oral and written views prior to the final Treasury determinations. In the third case, Mr. Rossides announced that the Treasury is withholding appraisement on northern bleached hardwood kraft pulp from Canada. Under the Antidumping Act, the Secretary of the Treasury is required to withhold appraisement whenever he has reasonable cause to believe or suspect that sales at less than fair value may be occurring. A final Treasury decision in this investigation will be made in three months. If a determination of sales at less than fair value were made in this investigation, the case would then be referred to the Tariff Commission, which would consider whether an American industry is being injured. If sales at less than fair value and injury were shown, dumping duties would be assessed as of the date of withholding of appraisement. During the period of January 1971 through February 1972 imports of this hardwood pulp from Canada amounted to approximately $30 million. In the fourth case involving deflection yokes, used in color television receivers, from Japan, the Department announced a tentative discontinuance of the investigation on the basis of minimal margins and price assurances. The investigation revealed some instances where purchase price was lower than the adjusted home market price, but these were determined minimal in terms of the volume of sales involved. A formal assurance has been received from the sole manufacturer involved that no future sales of these deflection yokes for export to the United States will be made at less than fair value. During the period from May 1971 through March 1972 the value of these deflection yokes imported from Japan was approximately $3.5 million. In the fifth case the Treasury announced a tentative discontinuance of the antidumping investigation with regard to neopentyl glycol from Japan. Neopentyl glycol is a white chemical solid, usually in the form of chips or flakes, primarily used in polyester resins which are in turn used as inert finishes for plastic products. Imports of - 3 - neopentyl glycol from Japan terminated in March 1972, and formal assurances have been received from the sole Japanese manufacturer that it will terminate all future sales of the merchandise to the United States. During calendar year 1971, imports of neopentyl glycol from Japan were valued at approximately $250,000. In the last three cases, before a final determination is made by the Treasury, interested parties will be afforded the opportunity to present written and oral views on these actions. 000 The Department of the TREASURY WASHINGTON, D.C. 20220 TElEPHONE W04·2041 MEMORANDUM FOR CORRESPONDENTS: June 30, 1972 The attached notice, to be published in the Federal Register, describes the proper procedures for financial institutions to follow in obtaining taxpayer identification numbers in accordance with the regulations implementing Public Law 91-508, the Financial Recordkeeping and Currency and Foreign Transactions Reporting Act of 1970. S-18 SUMMARY STATEMENT FINANCIAL RECORDKEEPING - Treasury instructions relating to taxpayer identification numbers. NOTICE DEPARTMENT OF THE TREASURY MONETARY OFFICES FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS INSTRUCTIONS RELATING TO TAXPAYER IDENTIFICATION NUMBERS UNDER 31 CPR, PART 103 Any person residing or doing business in the United States who opens an account with a financial institution after June 30, 1972, must provide that institution with his taxpayer identification number at the time the account is opened. This requirement is pursuant to the regulations contained ~n Part 103 of Title 31, Code of Federal Regulations, Financial Recordke~ping and Reporting of Currency and Foreign Transactions, published on April 5, 1972 (37 F.R. 6912). For individuals, the taxpayer identi- fication number is his social security number. For corporations, partnerships, and other entities it is the IRS employer identification number. Banks, savings and loan associations, building and loan associations, savings banks, credit unions, and brokers and dealers in securities are included in this requirement. If an account is opened in more than one individual's name, the financial institution is required to secure and maintain the social security number of at least one individual having a financial interest in that account. 2 If the customer does not have a number or has lost his card and is unaware of his number, for the convenience of financial institutions and their new customers, the Social Security Administration will furnish the customer's social security number to both parties, provided that the customer authorizes the Social Security Administration to furnish his number to the financial institution. This authorization may be printed or stamped by financial institutions on the back of Form SS-5 (Application for Social Security Number), in the space immediately above the legend, "For Bureau of Data Processing and Accounts Use ll • The authorization must contain the following language: Please Furnish my SSN to: NAME,_______________________________________________ ADDRESS ____________________________________________ Signature _______________________________________________ Relationship (If not signed by applicant) To accomplish this the customer must complete Form 55-5, in duplicate, sign the authorization on the back of the form and give both copies to the financial institution. The financial institution must mail one 3 copy to the Social Security Administration in the pre-addressed envelope provided, and retain the other copy until the number is received. If the customer is under 18 years of age, the authorization must be signed by his parent or legal guardian. The parent or guardian is required to indicate his relationship to the customer. To obtain a new employer identification number for corporations, trusts, partnerships, nonprofit organizations, and other entities, the applicaLt should sign an appropriate authorization on the back of Part 2 of Form SS-4 (Application for Employer Identification Numb€r). The IRS will then furnish the employer identi- fication number to both the applicant and the financial institution. with respect to accounts opened for trusts, charitable organizations, clubs, and similar entities the financial institution should secure the employer identification number of tIle entity. An employer identification number must be obtained for this purpose even though an organization may not otherwise require one. The authorization to have the Internal Revenue Service furnish the ErN to both C':1tities should contain the following language: Please furnish the ErN being applied for to: Name: Address: Signature: Title: The authorization should be signed by an individual who is authorized to sign the Federal tax returns for the entity. The customer is required to complete Form SS-4, in duplicate, sign the authorization on the back of Part 2 of the form, and give both copies to the financial institution. The financial institution will mail one copy to the Internal Revenue Service in the pre-addressed envelope provided, and retain the other 90py until the number is rece~ved. Financial institutions may obtain supplies of Form SS-5 and pre-addressed envelopes from their nearest Social Security Office, and supplies of Form SS-4 and pre-addressed envelopes will be available at the nearest Internal Revenue Service Center. £ . • DATE: JWJ 3(11Q7? . 4t /"i' \ / ,1'._) , , .. ,' / '///','//11 /' /.-. .....\ _.' ( , !\ I . ,I' ,-( /j / / '·rl-!,. I. I ,. ! i-.-' Eugene T. Rossides ~ssistant Secretary for Enforcement, Tariff and Trade Affairs and Operations Treas. HJ 10 u.s. Treasury Dept. Press Releases. .AIJP4 V.179 Treas. HJ 10 AUTHOR .AIJP '* U.S. Treasury Dept. Press Releases. TITLE V.179 CAlf LOANED BORROWER'S NAME PHONE NUMBER