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DepartmentoftheTREASUKY SHINGTON. D C . 20220 TELEP H O N E W Q42041 July 2, 1973 NOTE TO CORRESPONDENTS Attached is a resume of remarks by Under Secretary for Monetary Affairs Paul A. Volcker on Thursday, June 7, at a session on "Issues of International Monetary Reform" at the 1973 International Monetary Conference of the American Bankers Association, Paris, France. oOo RESUMÉ OF REMARKS BY TREASURY UNDER SECRETARY FOR MONETARY AFFAIRS PAUL A. VOLCKER ON THURSDAY, JUNE 7, 1973, TO A SESSION OF THE PARIS INTERNATIONAL MONETARY CONFERENCE ON "ISSUES OF INTERNATIONAL MONETARY REFORM" (1) Monetary reform is as much a political as it is an economic problem, and this is a point of which we must be conscious in developing reform plans. We must deal with the issues in a political perspective. (2) We must keep in mind that one country's actions impinge on other countries. Thus, we need a sense of system, a set of rules or a code of conduct. Without such rules, not only are economic conflicts likely to arise but, more importantly, there will be political squabbling and inter national tension. (3) Another political reality that must be taken into account is that countries don't like other people telling them what to do. This point is very neatly crystallized in the phrase "national sovereignty." Thus, one of the main problems of monetary reform is to resolve the conflict be tween the interests of the community as a whole and the interests of individual member countries. (4) Our objective in reform should be to work towards international financial equilibrium, which we prefer to dis equilibrium. Unfortunately, the temptation is to say that we prefer surpluses to equilibrium, but this approach is not workable. Moreover, we need "discipline." Now, this state ment may sound "French," but if it does, so be it. We agree. (5) The question is how to make these principles opera tional. We have accumulated a certain number of slogans — stable but adjustable rates, the necessity of controlling the creation of international liquidity, and various views about the degree of stability or flexibility in the system. The problem is how to define these concepts and make them operational and meaningful. In other words, how do we make "discipline" operational? (6) This is the sense that people attach to a con vertible system. Why do they want such a system? The reason is that it is a tool to enforce discipline. It enforces discipline on deficit countries, and thus works in one direction. It is a simple concept. The deficit country 2 loses reserves and therefore has to adjust. It is politically palatable in that it is understandable to the population at large. The loss of reserves is a clear public signal that something needs to be done. And this feature is contained in the U.S. proposals. However, it is not a sufficient mechanism in that it is one-sided. So the question is how to enforce "discipline" on countries moving in the opposite direction — that is, surplus countries? (7) Now, the logic of this situation is to apply the reserve criterion symmetrically. In other words, when a surplus country registers reserve increases, it should also be required to adjust. This would mean an even-handed applica tion of "discipline." However, we run into reluctance on the part of many people to accept this logic. "Discipline" is fine for others, but not for them. And this is a natural reaction. So, if we can understand the reluctance of surplus countries to accept the logic of the "discipline" that would be involved in even-handed reliance on reserve indicators, we should also be able to understand the reaction of deficit countries if they get the feeling that the system is not symmetrical and equitable. Our objective is to try to deal with both problems. (8) There are distinct political advantages in a re serve indicator mechanism that operates in both directions. It is fair and equitable. It operates alike on countries of different size and in different positions. It is a code of conduct that can be readily understood by politicians and informed public opinion in the countries required to take action. (9) Now, a classic convertibility system requires a deficit country to adjust, but does not tell the country specifically what to do. The country must do something, but it is left with discretion as to the type of action it takes. The U.S. proposals also envisage leaving the widest possible discretion to countries that are required to adjust. While some actions would be ruled out, countries would be left more or less to choose their own medicine. This is a polit ical necessity for a system whose members are national, sovereign governments. Thus, the principal rule would be to maintain equilibrium, but with maximum freedom of choice for the country concerned in the instruments used to do so. 3 (10) The problem of adjustment arises, whether we have a fixed or a floating rate system. In a system of established rates with convertibility, there is a need for reserves. The type of adjustment process has a direct bearing on the size of that need. How quickly will countries be required to ad just? How much scope will be allowed for imbalances? We must be consistent in our judgment on this point and on the amount of reserves created. If we leave a lot of scope for countries to adjust, but insist on a tight reserve situation, then there will not be enough reserves to finance the amount of play in the adjustment process. The less reserves we are willing to provide, the stronger the adjustment process must be. If we do not want to be too harsh on surplus countries, if we are going to allow surplus countries to pile up re serves, then there must be sufficient reserves to enable this process to go on. The need for consistency between the reserve system and the adjustment system is a point that is sometimes overlooked. The advantage of the U.S. reserve indicator proposal is that this consistency is automatically obtainable. (11) The sum of individual reserve needs must be equal to global need. Otherwise, we will be in disequilibrium from the start. We have had a system where the amount of primary reserves available was far less than what people wanted to hold as total reserves. This was the element that gave rise to the widespread holding of national currencies as reserves and related instability. (12) In a convertible system, the certainty of the settlement mechanism must be matched by equal certainty in the adjustment process. Otherwise, inconsistencies will arise, but this is a requirement which it is hard to satisfy, particularly on the surplus country side of the equation. Merely to say that at a certain point the surplus country would be required to enter into discussions and consulta tions is vague. Here, we are confronted with the certainty of the settlement mechanism compared to the uncertainty of the adjustment process. In our minds, these two elements must be consistent. If adjustment is to be consultative, then convertibility could be consultative as well, but not automatic. (13) The proposed U.S. system contains no easy politi cal choices for any country. It is always easy to applaud principles, but the root question is how to apply them. It is natural to squirm when we see the principles applied to 4 ourselves. Looking at this fundamental point is a good thing. We cannot evade it. We must take a commitment here; otherwise, the reformed system will break down. * * * Mr. Volcker answered the following questions from the floor. Q. In his remarks, Dr. Emminger stressed that evolu tionary influences were having an important effect in shaping the future monetary system. Why does Mr. Volcker think that the work of the Committee of the Twenty, in looking for agreed rules, is so important if evolution is to be the de termining force? A. I agree with the point made by Dr. Emminger, and see no inconsistency between his remarks and mine. There are two parallel lines of influence shaping the future monetary system — the formal negotiations on structure and market evolution. What is important is to bring these two lines into convergence. The market evolution does not provide any sense of system or rules. Q. Doesn't the existence of large-scale international credit facilities reduce the need for reserves? A. Yes, but it does not eliminate the need for reserves. Attention to the reserve aspects of the matter is crucial. I sense that countries are now much quicker to change their exchange rates than in the past and show a greater reluctance to go into debt. In the operation of the adjustment process, credit and reserves are not full substitutes for one another. Q. Why should surplus countries that have followed good policies and managed their affairs well be expected to "help" deficit countries get out of trouble? A. The question is formulated in a prejudicial way. One might equally ask why surplus countries shouldn't help themselves to have a higher standard of living. The funda mental point is whether we are going to have international payments equilibrium or not. Surpluses somewhere in the system inevitably mean deficits elsewhere. It has often been said that this preoccupation with the problem of the - 5 surplus countries represents nothing more than a bias of the United States. On this topic, I would make the following points: (1) Is there a tendency to prefer surpluses to deficits? The answer is probably yes, but this conflicts with the general equilibrium hypothesis. The problem is of some concern to the United States in that the United States tends to be the residual country in the system. Thus, other people's de sire for surpluses tends to force the United States into deficit. (2) Do we consider it possible that the United States would accept the discipline of the U.S. proposals if it were to become a surplus country? After all, the United States was a surplus country within my lifetime. Thus, in formulating the U.S. proposals, we looked hard .at this question. I can categorically affirm that the United States would accept the dis cipline. Q. Why does the United States persist in its negative attitude towards the role of gold in the system? A. Recent developments reinforce us in our view re garding the undesirability of relying on gold as a key instrument in international monetary affairs. A commodity like gold, which is subject to rising industrial demand and heavy speculative influence, is becoming less and less suit able as a reserve instrument. Q. When you described your views on the adjustment process, you said that countries required to adjust should have maximum freedom to select the means for accomplishing adjustment. Does that mean that you would allow them to impose import quotas, import surcharges and the like? A. Maximum freedom does not mean complete freedom. What I had in mind was maximum freedom consistent with the general interest. We accept the general presumption against the use of trade measures as an adjustment tool. Thus, they are the last on our list, but we would not want to see an absolute prohibition against their use if they are used in a general, non-discriminatory way. * * * 6 Mr. Volcker answered the following questions at the press briefing after the session on international monetary reform on June 7: Q. What role do you see for the IMF in the new system? Would it be an independent power? A. That depends on what the phrase "independent power" means. We have a strong sense of the need for rules of be havior. However, we are skeptical about a system that would place a high degree of discretionary authority in the Fund, whatever the word "Fund" is taken to mean — the Managing Director, the staff, the Executive Directors, etc. In such a system, countries would feel that decisions were being made in a context outside of their sovereignty. Therefore, we should be as explicit as we can be in advance about rules of behavior. This does not mean there would be no consulta tion. There would be a great deal of consultation, but we would not remand all problems to the "Fund" for discretionary decision. People say convertibility has merit because it is auto matic. It is a crude mechanism, but they would say it works. The U.S. proposals build on this technique. They are sym metrical and fair. The basic rule of the system is to main tain equilibrium. At the same time, we must avoid a degree of detail of external instruction that no country would want to live with. Our proposals try to reconcile discipline with the need to leave maximum freedom for countries to choose their own tools of adjustment. Q. What is the effect of market developments on the timing of reform? A. These are two parallel processes. Market evolution teaches us something about the operation of the system, and we should learn from it. However, it does not provide us with agreed rules, and this is important. This is a topic that falls in the negotiating track. In other words, the negotia tors should learn from what is going on in the market, and ad hoc decisions taken to deal with market developments should be consistent with long-term objectives. Of course, we do not want to make an agreement merely for agreement's sake. We want to think this problem through and have a system people have conviction about. In the light of recent develop ments, I am hopeful on the prospects for agreement. - 7 Q. Mr. Laird stated yesterday that measures would be developed regarding a speculation against the dollar. What does he have in mind? A. I only read the newspaper reports on Mr. Laird's statement, so that it would not be appropriate for me to comment on it. I would merely reiterate that the behavior of the chief currency and country is important for the system. This depends on how that country does at home. Domestic stability is important both for the United States and for other countries. I am confident that we will be able to maintain reasonable domestic stability in the United States• 0 O0 fkr U Departm ento/theTRUSU RY inioft W AS H IN G TO N , nD rC. 20220 Of TELEPHONE W 0 4 2041 J 789 At t e n t i o n : f i n a n c i a l ed i t o r July 2, 1973 FOR 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, one series to be an additional issue of the bills dated April 5, 1973 , and the other series to be dated .July 5, 1973 , which were invited on June 26, 1973, were opened at the Federal Reserve Banks today. Tenders were invited for $2,500,000,000, dr thereabouts, of 91-day bills and for $1,700,000,000, or thereabouts, of 182-day bills. The details of the two series are as follows: I ange of a c c e p t e d COMPETITIVE BIDS: High Low Average 91-day Treasury bills maturing October 4, 1973 Approx. Equiv. Annual Rate Price 98.028 a/ 97.952 97.981 7.801 8.102 7.987 : : : : : : 1/ : 182-day Treasury bills maturing January 5, 1974 Approx. Equiv. Annual Rate Price 95.980 b/ 95.933 95.950 7.952# 8.045# 8.011# i/ a/ Excepting two tenders totaling $450,000; b 53/o of the amount of 91-day bills bid for at the low price was accepted 72# of the amount of 182-day bills bid for at the low price was accepted TOTAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: ■ District ■ Boston ■ New York ■ Philadelphia ■Cleveland ■Ri chmond ■Atlanta ■Chicago ■St. Louis ■Minneapolis ■Kansas City ■Dallas ■San Francisco TOTALS Applied For $ 27,310,000 2,813,065,000 43,940,000 34,800,000 14,035,000 22,785,000 196,240,000 39,855,000 12,480,000 33,870,000 29,920,000 80,010,000 Accepted $ 17,310,000 2,037,215,000 43,940,000 34,800,000 14,035,000 22,785,000 142,890,000 37,385,000 12,480,000 33,780,000 26,245,000 77,190,000 Applied For $ 16,565,000 2,942,575,000 7,405,000 30,170,000 9,075,000 13,125,000 272,480,000 94,130,000 14,180,000 30,835,000 25,800,000 88,285,000 $3,348,310,000 $2,500,055,000 c/ $3,544,625,000 Accepted $ 6,565,000 1,464,075,000 7,405,000 20,120,000 9,075,000 13,125,000 65,925,000 49,930,000 6,180,000 20,975,000 13,300,000 23,415,000 $1,700,090,000 d/ Includes $293,885,000 noncompetitive tenders accepted at the average price'of 97.981 Includes $172,540,000 noncompetitive tenders accepted at the average price of 95.950 These rates are on a bank discount basis. The equivalent coupon issue yields are 8.27# for the 91-day bills, and 8.47# for the 182-day bills. FOR IMMEDIATE RELEASE July 3, 1973 TREASURY ANNOUNCES COLD ROLLED STAINLESS STEEL SHEET AND STRIP FROM FRANCE IS BEING SOLD AT LESS THAN FAIR VALUE Assistant Secretary of the Treasury Edward L. Morgan announced that cold rolled stainless steel sheet and strip from France is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. This merchandise is used in the manufacture of wheel covers, food service equipment, household appliances, flatware, and automotive trim. Notice of the determination will be published in the Federal Register of July 5, 1973. 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 o n all entries of this stainless steel sheet and strip from France which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement" was issued on April 4, 1973, 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 persons were afforded the opportunity to present oral and written views prior to the final determination in this case. During the year beginning April 1, 1972, imports of cold rolled stainless steel sheet and strip were valued at approximately $8.5 million. # # # Department of theJREA SU RY Washington,o x .20220 T E L E P H O N E W04-2041 FOR IMMEDIATE RELEASE July 3, 1973 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 $ 4,200,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing of $4,302,580,000 July 12, 1973, in the amount as follows: 91-day bills (to maturity date) to be issued July 12, 1973, in the amount of $2,500,000,000, or thereabouts, representing an additional amount of bills dated April 12, 1973, and to mature October 11, 1973 (CUSIP No. 912793 RY4 ) originally issued in the amount of $1,800,695,000 , the additional and original bills to be freely interchangeable. 182-day bills, for $1,700,000,000, or thereabouts, to be dated July 12, 1973, and. to mature January 10, 1974 (CUSIP No. 912793 ST4 ) # 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 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 clos ing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, July 9, 1973. Tenders will not be received at the Treasury Department, Washington. must be for a minimum of $10,000. $5,000. 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. Fractions may not be used.: It is urged that tenders be made on the printed forms and for warded 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 submit tenders except for their own (OVER) - account. 2 - 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 thosl 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 accept 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 12, 1973, in cash or other immediately available funds or in a like face amount of Treasury I bills maturing treatment. July 12, 1973'. Cash and exchange tenders will receive equal I Cash adjustments will be made for differences between the par value oil 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 accrii when the bills are sold, redeemed or otherwise disposed of, and the bills are ex-1 eluded from consideration as capital assets. Accordingly, the owner of Treasury bills (other than life insurance companies) issued hereunder must include in his I income tax return, as ordinary gain or loss, the difference between the price pai(B for the bills, whether on original issue or on subsequent purchase, and the amour™ 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 issu* Copies of the circular may be obtained from any Federal Reserve Bank or Branch. Departm entoftheTREASURY SHINGTON. D.C. 20220 T E L E P H O N E W04-2041 FOR RELEASE TUESDAY, JULY 3, 1973 NO GASOLINE RATIONING, OIL POLICY CHAIRMAN SAYS Amid scattered press reports of proposed gasoline rationing, bringing memories of World War II ration books, William E. Simon, Deputy Secretary of the Treasury and Chairman of the President's Oil Policy Committee, and Duke R. Ligon, Director of the Office of Oil and Gas, Department of the Interior, clarified the options which are being considered to help equalize the current fuel ept'l or shortage. These do not include rationing at the consumer level. Mr. Simon said, "There are several options open to us at this time. We can retain a voluntary fuel allocation program. A voluntary program has been in existence since May 10, 1973, and we have received many suggested revisions in this program. "Another option is a mandatory fuel allocation program, which would force, under penalty, the allocation of crude oil and petroleum products equitably. "A third option is a combination of the voluntary and mandatory program. "As yet, no decision has been reached, and these options are being reviewed with John Love, the President's Director of the Energy Policy Office. In any event, we are not considering rationing at the present time, and any reports that the Government has printed rationing stamps or cards is not true." S-250 -oOo Departm entoftheTREASURY HINGTON, D X . 20220 I & E P H 0 N E W 04-2041 tj pr RELEASE ON RECEIPT July 5, 1973 TREASURY SECRETARY SHULTZ NAMES WILLIAM B. JOHNSON SAVINGS BONDS CHAIRMAN FOR ILLINOIS William B. Johnson,1Chairman of the Executive Committee, Illinois Central Gulf Railroad, and Chairman and Chief Execu tive Officer, IC Industries, Inc., is appointed by Secretary of the Treasury George P. Shultz volunteer State Chairman for the Savings Bonds Program in Illinois, effective immediately. He will head a committee of business, banking, labor, government, and media leaders throughout the state, who -- in cooperation with the U. S. Savings Bonds Division -- assist in promoting Bond sales in Illinois. Johnson, born in Salisbury, Md., attended Washington Col lege, Chestertown, Md., from which he received an AB degree, maxima cum laude, in 1940. In 1943 he received, cum laude, an ILL degree from the University of Pennsylvania Law School, and was awarded the Henry Wolfe Bikle Prize for highest grades in constitutional law. From 1943 to 1945, he served in the Security Intelligence Corps. In 1945, Johnson joined the staff of the U. S. Tax Court in Washington. In 1947, he joined Pennsylvania Railroad as assistant solicitor, advancing, in time, to the post of assist ant general counsel. On March 1, 1959, he was elected President and Director of Railroad Express Agency, a post he held until joining IC Indus tries. On February 18, 1966, Johnson was elected President and Chief Executive Officer of Illinois Central Railroad and IC Industries, parent company of the railroad. He became Chairman, President, and Chief Executive Officer of IC Industries in December, 1968, and on March 1, 1972, he was named Chairman and Chief Executive Officer of the corporation. Johnson is active in numerous business, civic, and profes sional organizations -- among them: Director, Pepsi-Cola (O V ER ) * - 2 - General Bottlers; Director, Transportation Association of America; Director, Association of American Railroads; member, citizen's board, U. of Chicago; governing member, Shedd Aquar ium Society; trustee, Museum of Science and Industry, and the American Bar Association. \<*~ He is also a member of several clubs -- Newcomen Society in North America; The Economic Club of New York; Western Rail way Club, Chicago Club, Economic Club, and Commercial Club, Chicago. Johnson is married to the former Mary Barb. They have four children -- Benjamin, 27, Kirk, 26, John, 23, and Kathleen Mary, 21. oOo Assistant Secretary of the Treasury Edward L. Morgan announced today a withholding of appraisement on acrylonitrile-butadiene-styrene type of plastic resin in pellet and powder form from Japan pending a determination as to whether it is being sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. This resin, commonly referred to as ABS plastic, is used in a number of engineering type applications such as telephone and appliance housings and drain, waste and vent pipe. The decision will appear in the Federal Register' of July 6, 1973. 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 publica tion of the "Withholding 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 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. During calendar year 1972, imports of ABS-plastic resin, in pellet and powder forms, from Japan amounted to roughly $8,400,000. oOo Department o fth e T R E A S U R Y OFFICE OF REVENUE SHARING W A S H IN G TO N , D.C. 20226 j| Telephone 6 3 15 16 3 , I FOR INFORMATION, CALL (202) 634-5248 FOR RELEASE THURSDAY, JULY 5, 1973, 6:00 P.M., EST. More than 38,000 general revenue sharing checks totalling $1.495 billion will be sent to state and local governments through out the United States tomorrow by the Office of Revenue Sharing, U.S. Department of the Treasury. In announcing the release of the money, Graham W. Watt, Director of the Office of Revenue Sharing, said, "These checks are for amounts to which states and local governments are entitled for April, May and June, 1973. Payment for the first quarter of the year was made on April 6." A list of the amounts of general revenue sharing funds being sent to each state follows. One-third of the amount shown goes to the state government and the remainder is divided among local units of government within that state. The money is allocated according to a formula which relates data on population, need (shown by per capita income figures) and effort to meet need (represented by data on tax effort). -More- - 2 - General revenue sharing was initiated in October, 1972 by Secretary of the Treasury, George P. Shultz, when the State and Local Fiscal Assistance Act (P.L. 92-512) was passed. President Nixon has termed the program a keystone of the New Federalism that returns money and decision-making authority to state and local governments. In five years, general revenue sharing will return $30.2 billion to states, counties, cities, towns, townships, Indian tribes and Alaskan native villages. Including today's payment, $8,121 billion has been returned by the Office of Revenue Sharing to eligible units of government throughout the United States. 30. Attachment - 3 OFFICE OF REVENUE SHARING July' 6, 1973 STATE Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregc,i Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia AMOUNT $ 25,345,081 1,933,491 15,127,120 16,403,616 161,045,104 15,695,815 18,654,384 4,423,373 6,736,068 43,043,492 30,932,796 6,603,927 6,249,027 76,065,856 31,813,413 21,148,151 14,472,776 24,497,169 34,347,362 8,824,695 29,418,650 t7,343,744 63,377,834 29,132,912 24,784,772 27,751,665 5,824,209 10,954,492 3,301,498 4,709,634 46,648,547 9,479,163 165,976,090 38,285,893 6,242,187 58,939,302 16,633,920 14,612,721 77,832,060 6,732,281 20,357,293 6,745,034 27,868,813 70,711,659 8,926,806 4,219,765 29,298,040 21,538,939 14,564,254 - 4 OFFICE OF REVENUE SHARING July 6, 1973 AMOUNT STATE Wisconsin Wyoming $ 37,252,647 2,838,762 Total $ 1,494,664,102 July 9 , 1973 MEMORANDUM FOR THE PRESS: The attached materials were sent today to the Subcommittee on Private Pension Plans of the Senate Finance Committee for inclusion in the record of the recent hearings on pension reform. The materials consist of: (a) Secretary Shultz*s letter to Senator Nelson, dated today, transmitting the material listed below. . (b) A revised General Explanation of S. 1631 including proposed revisions. This document is substantially the same as the General Explanation released on April 17, 1973. S. 1671, the Retirement Benefits Tax Act, is one of two pension reform bills proposed by the Administration. S. 1631 is designed to strengthen the private retirement system by providing minimum standards of participation in the benefits offered by employer-sponsored retirement plans; to encourage the expansion of the private retirement system by offering greater tax benefits to individuals who choose to invest in retirement savings plans; and to increase the deductible contributions which may be made to retirement plans on behalf of selfemployed individuals and shareholder-employees of electing small business corporations. (c) A Technical Explanation and Section by Section Analysis of S. 1631 including proposed revisions. (d) A list of the specific proposed technical revisions to S. 1631. Attachments / THE SECRETARY OF THE TREASURY W A SH IN G TO N JUL 9 1973 Dear Mr. Chairman: On May 22, 1973j while testifying before your Subcommittee, I indicated that we were preparing technical materials relating to S . 1631, and that we would submit them to you for publication in the record of the recent hearings on pension reform. Accord ingly, I am enclosing copies of the following documents: of S. 1631. (a) A set of proposed Technical Revisions to S. (b) A Technical Explanation and Section by Section Analysis 1631 as proposed to be revised. (c) A Revised General Explanation of S. to be revised. 1631 as proposed Sincerely yours George P. Shultz The Honorable Gaylord Nelson Chairman, Subcommittee on Private Pension Plans Committee on Finance United States Senate Washington, D.C. 20510 Enclosures GENERAL EXPLANATION RETIREMENT BENEFITS TAX ACT (S. 1. 1631, 93rd Cong., -with Proposed Technical Revisions) Introduction. Since 19^2 the Internal Revenue Code has accorded special tax benefits to qualified retirement plans established by employers for the benefit of their employees and the beneficiaries of their employees. To insure that benefits are provided under these plans for a broad range of the employees of the sponsoring employer and not merely for a small group of select employees, the availability of these special tax benefits is conditioned upon the plan’s meeting certain statutory requirements. Private retirement plans form an important part of the total frame work of income maintenance for older Americans. As such, it is appropriate to provide tax incentives to encourage employers to establish these plans and thus provide for their employees’ post-retirement needs. In so doing the employer performs a function and assumes a burden which otherwise might be thrust upon society at large. Private retirement plans are a significant supplement to the social security system as a source of income for retired and disabled Americans and their dependents. Because private retirement plans are established by individual employers, they can be shaped to respond to unique needs and situations in a manner that a public system covering tens of millions of individuals cannot. 2 The experience of the past 30 years/has demonstrated that while the private retirement system has the capacity to deal with an important social problem through individual initiative, changes in existing law are needed. In the first place, recent surveys indicate that, in spite of the incentives provided by existing law, approximately one-half of the non-agricultural labor force does not now participate in private retirement plans and that coverage is not likely to expand significantly under existing conditions. Moreover, overly restrictive requirements for participation in, or acquisition of vested benefits under, private retirement plans have resulted in effectively denying to millions of employees the full benefits of the private retirement system. Special limitations upon contributions on behalf of self- employed individuals and requirements for the plans in which they participate are so restrictive that they have created an artificial preference for the corporate form over other business forms which might be more suitable or desirable for a particular enterprise. 2. Eligibility Requirements. A. (Section 2 of Bill) Present Law. The Internal Revenue Code does not now contain any specific require ments concerning eligibility conditions based on age or service that may be included in a qualified private retirement plan established by a corporate employer. Existing administrative practice does permit such a plan to provide that participation in the plan is limited to employees who have attained a specified age or have been employed for a specified number of years if the effect of such provisions is not discrimination in favor of officers, shareholders, supervisory employees, or highly compensated employees. Likewise, such a plan may exclude from participation employees who have attained a specified age close to retirement when they otherwise become eligible to participate in the plan. On the other hand, the Internal Revenue Code specifically requires that a qualified plan established by an unincorporated business in which an owner-employee (i.e., a sole proprietor or a partner with a greater than 10 percent interest in capital or income) participates must provide that no employee with 3 or more years of service may be excluded from the plan. B. Proposal. Reasonable service or age requirements are an appropriate- means of preventing the dissipation of plan assets. The benefits earned by employees with short periods of service are usually small, both in absolute terms and in relation to the administrative costs attributable to these benefits. Overly restrictive requirements may, however, result in the arbitrary exclusion of employees from participation in private retirement plans and thereby frustrate the effective functioning of the private retirement system. -k The proposed bill -would, therefor^ provide that a qualified private retirement plan not be permitted to require, as a condition of participation, that an employee have completed a period of service with the employer in excess of 3 years, that he have attained an age in excess of 30 years, or that he not have attained an age which is less than the normal retirement age under the plan reduced by 5 years. In the case of a qualified plan in which self-employed individuals who are owner-employees participate, the bill would provide that the plan not be permitted to require, as a condition of participation, that the employee have completed more than 1 year of service with the employer if his then age is 35 years or greater, more than 2 years of service if his then age is 30 years or greater but less than 35 years, or more than 3 years of service if his then age is less than C. 30 years. Effective Date. These rules would be effective upon the day after the date of enactment with respect to,all private retirement plans established after December 31, 1972. In the case of plans in effect on December 31? 1972, these rules would apply to plan years beginning after December 31, 197*+? except that in the case of plans which are collectively bargained, these rules would not apply to plan years ending before the expiration of the collective bargaining agreement in effect on December 31? 1972. - 5 - 3. Vesting Requirements. A. (Section 2 of Bill) Present Law. There is no generally applicable requirement under existing law that a participant in a qualified private retirement plan have at any time before he attains normal retirement age a nonforfeitable right to receive his accrued benefit under the plan. However, the failure to provide pre-retirement vesting is taken into account by the Internal Revenue Service in determining whether a plan satisfies the statutory requirement that it not discriminate in favor of officers, shareholders, supervisory employees, or highly compensated employees, and in appropriate circumstances the Service will not issue such a determination if a plan does not provide pre-retirement vesting. Neither the circumstances in which pre-retirement vesting is required nor the degree of such vesting is well defined, and considerable variation has arisen. The Internal Revenue Code requires that a plan established by an unincorporated business in which an owner-employee participates must provide that each participant have an immediately nonforfeitable interest in the contributions made on his behalf under the plan. B. Proposal. Some measure of pre-retirement vesting is essential if the private retirement system is to exist as a functioning and effective supplement to the social security system. This is especially true in view of our - 6 highly mobile labor force.. An individual whose participation in a private retirement plan terminates before his rights in his benefits accrued under the plan have become nonforfeitable has, for all practical purposes, not really participated in the plan. In addition, pre-retirement vesting is needed to reinforce the non-discrimination requirements of existing law in cases where most of the employer contributions under a plan are made on behalf of participants with a proprietary interest in the employer. The proposed bill would, therefore, require a qualified private retirement plan to meet new minimum pre-retirement vesting standards. A participant’s rights in his accrued benefits derived from his own contributions would have to be fully vested at all times. at least His rights 50 percent of his accrued benefits derived from employer contributions would have to be nonforfeitable when the sum of his age and his years of participation in the plan equals or exceeds 50 years, .and this percentage would have to increase not less rapidly than ratably to 100 percent over the next succeeding 5 plan years. Under this rule, the righl of older employees would vest more rapidly than the rights of younger employees, reflecting the fact that an older employee has less of an opportunity to earn a reasonable pension with a new employer or to save for his retirement. A participant's accrued benefit is defined in the proposed bill. For a profit-sharing plan or a money purchase pension plan, the accrued benefit is defined as the balance in his account. For a defined benefit pension plan, a participant's accrued benefit, as of any applicable date prior to normal retirement age, is defined as a fraction of the annual benefit commencing at normal retirement age which the employee would receive if he continued employment at his current rate of compensation until normal retirement age. The numerator of the faction is the total number of his years of service with the employer; the denominator is the total number of years of service he would have performed as of normal retirement age if he continued to be employed by the employer until normal retirement age. However, the denominator cannot be less than 15 nor more than J+O. To avoid providing a disincentive against hiring older workers, the proposed bill would permit a qualified plan to provide that an employee’s rights in his accrued benefits derived from employer contributions remain forfeitable until he has completed 3 years of continuous service with the employer. The plan would have to provide that upon completing this period of service his rights in at least 50 percent of his accrued benefits derived from employer contributions are nonforfeitable, and this percentage would be required to increase at least ratably to 100 percent over the next succeeding 5 plan years. To avoid additional costs for defined benefit pension plans in difficult financial condition, pre-retirement vesting would not be required with respect to benefits accrued for any plan year for which - 8 - benefit payments to retired participants exceed benefit accruals by active participants and the present value of accrued liabilities to retired and active participants exceeds the fair market value of plan assets. If, however, the plan is amended to provide greater benefits during a plan year when this exception would otherwise be operable, the exception would not apply with respect to that plan year, any succeeding plan years, or the 5 plan years preceding such year in which the plan is amended. This exception is designed to provide relief for defined benefit pension plans that have a large number of retired participants in relation to the number of active participants and that are not fully funded. These plans are typically found in industries where employment is declining and where any increase in pension costs would be especially burdensome. In the case of qualified private retirement plans in which selfemployed individuals who are owner-employees participate, an employee's rights in at least 50 percent of his accrued benefits derived from employer contributions would be required to be nonforfeitable when the sum of his age and his years of participation equals or exceeds 35 years. His rights in the remaining percentage of such accrued benefits would be required to become nonforfeitable not less rapidly than ratably over the next succeeding.5 plan years of participation. C. Effective Dates. Generally, these rules are effective with respect to benefits accrued after the date of enactment. However, in the case of plans in existence on December 31, 1972, the rules would generally apply to benefits accrued for a plan year beginning on or after January 1, 1975* I*1 case collectively bargained plans, however, these rules would not apply to benefits accrued during plan years ending before the expiration of the collective bargaining agreement in effect on December 31, 1972. In applying these rules, all participation in the plan (whether before or after the applicable effective dates) would be considered in deter mining whether the sum of the employee's age and his years of participation equals or exceeds 50 years or 35 years, whichever is applicable. 1+. Minimum Funding Standard (Section 2 of Bill) A. Present Law. Under present regulations, in order to prevent full vesting of all accounts, a defined benefit pension plan generally must be funded in a sufficient amount so that the unfunded past service cost does not exceed the unfunded past service cost as of the date of establishment of the plan, plus any additional past service or supplemental costs added by amendment. An employer generally will satisfy this requirement by annual funding of the sum of normal cost and interest on the unfunded liability. There is no requirement that unfunded liability ever be reduced. Thus, the current requirement provides only minimal assurance that plans will be funded sufficiently to pay pension benefits according to the terms of the plan. B. Proposal. The proposed bill would provide a higher minimum standard, in order to increase the security of participants. eral, require The proposed standard would, in gen defined benefit pension plans to be funded annually in an amount at least equal to the sum of normal cost, interest on the unfunded liability, and 5% of the unfunded vested liability. This standard would make the average employee less dependent for his pension upon his employer continu ing in business and continuing to maintain the plan. 10 - The proposed standard is similar in concept to a standard widely used by accountants to compute the minimum pension cost for accounting purposes. 5 . Deduction for Personal Savings for Retirement. A. (Section 3 of Bill) Present Law. Under present law, employer contributions on behalf of an employee to a private retirement plan satisfying the qualification requirements of the Internal Revenue Code and investment earnings on these contributions are generally not subject to tax until paid to the employee or his beneficiaries, even though the employee's right to receive these amounts becomes nonforfeitable before payment is made* Employee contributions to such a plan are subject to tax currently (i.e., no deduction or exclu sion is allowable), but investment earnings on these contributions are not subject to tax .until distributed or paid to the employee. Amounts saved by an individual for his retirement outside the scope of a qualified plan are not deductible or excludable from gross income, and investment earnings on such amounts are subject to tax currently. B. Proposal. The effect of existing law relating to saving for retirement purposes is to discriminate substantially against individuals who do not participate in qualified private retirement plans or who participate in plans providing 11 inadequate benefits. - Frequently, this situation is the result of a unilateral decision of the employer not to establish a private retire ment plan for its employees or not to improve benefits under an existing plan. Many other individuals, because of the nature of their occupations, never have a sufficient period of service with any one employer to accrue adequate retirement benefits. To remedy this inadequacy in existing law, the proposed bill would allow individuals a deduction in computing adjusted gross income for amounts contributed to qualified individual retirement plans which they have established or to qualified private retirement plans established by their employers. In addition, investment earnings on amounts contributed to individual retirement plans would be excludable from gross income. In the case of an individual who does not participate in an employerfinanced private retirement plan, the amount deductible would be limited to 20 percent of earned income or $1 ,500, whichever is the lesser. In the case of a married couple, each spouse would be eligible to claim this deduction, and the limit would be applied separately to each spouse. Thus, if a husband had earned income of $12,000 and his wife had earned income of $7,000, the maximum deduction for him would be $1,500, and the maximum deduction for her would be $l,J+00, permitting a total deduction of $2,900. - 12 - If an individual, participates in an employer-financed plan, the amount deductible, after application of the $1,500 or 20 percent of earned income limitation, would be further reduced to reflect employer contributions to such plan on his behalf. For this purpose, an individual would be permitted to assume that employer contributions on his behalf are 7 percent of his earned income. He could show, however, that a lesser amount had been contributed on his behalf. Such amount would be determined in accordance with Treasury Department regulations on the basis of the particular facts and circumstances of his situation. In the case of individuals who have earned income which is not covered by the social security system or the railroad retirement system, the limitation on the deduction would be further reduced by the amount of tax that would be imposed under the Federal Insurance Contributions Act if that income were covered by the social security system. This reflects the fact that taxes imposed on employees under the Federal Insurance Contributions Act are not deductible. No deduction would be allowed with respect to amounts contributed to a qualified retirement plan by an individual who has attained the age of 70 1/2. Under the proposed bill, an individual would be allowed to invest these amounts in abroad range of assets, including stocks, bonds, mutual fund shares, annuity and other life insurance contracts, faceamount certificates, and savings accounts with financial institutions. While these assets could not be commingled with other property, they could be held in custodial accounts, and a taxpayer would not be required to establish a trust for this purpose. To insure that amounts contributed to individual retirement programs and investment earnings on such amounts are used only for retirement purposes, withdrawals before the individual attains age 59 l/2 would not qualify for the general income averaging provided under existing law and would also be subject to an additional penalty tax of 30 percent of the amount withdrawn. This penalty would not apply, however, if the taxpayer has died or has become permanently disabled or if the amount withdrawn is deposited in another individual retirement account within 60 days. This last exception is designed to permit transfer of individual retirement amounts from one type of investment to another, or from one trustee or custodian to another. Moreover, withdrawals would be required to begin by the time the taxpayer reaches age 70 l/2 and would have to be sufficiently large so that the entire accumulation will be distributed over his life expectancy or the combined life expectancy of the taxpayer and his spouse. If sufficient amounts are not withdrawn to meet these rules after age 70 l/2, an annual excise tax of 10 percent would be imposed. The 10 percent excise tax would be applied against the assets in the account multiplied by a fraction, the numerator of which is the minimum amount required to be distributed for the year reduced by the amount actually distributed, and the denominator of which is the minimum amount required to be distributed for the year. To insure compliance with the foregoing requirements, trustees, custodians, and other persons having control of amounts deducted under the proposal would be required to submit annual reports to the Internal Revenue - Ilf - Service similar to those which are now required of trustees of plans benefiting C. self-employed individuals who are cwner-employees. Effective Date. This proposal would apply to taxable years ending after the date of enactment of the proposed bill. Contributions on Behalf of Self-Employed Individuals and ShareholderEmployees of Electing Small Business Corporations, (Section ^4 of Bill) A. Present Law. The Internal Revenue Code now limits the deductible contribution to a qualified private retirement plan on behalf of a self-employed individual to the lesser of 10 percent of earned income or $2 ,500. In certain circum stances, an additional $2,500. nondeductible contribution may be made. Penalties are imposed if excessive contributions are made and are not returned. With respect to a shareholder-employee of an electing small business corporation, no limit is imposed on the amount that may be contributed on his behalf, but if the contribution exceeds the lesser of 10 percent of compensation or $2,500, the excess is includible in his gross income. The limitation on contributions on behalf of self-employed individuals has had a number of undesirable effects. In the first place, while the limitation applies by its terms only to contributions on behalf of selfemployed individuals, as a matter of practice, it applies as well to their employees with the result that the contributions on their behalf may be wmm less than the contributions which would otherwise be made on their behalf. Furthermore, the inadequacy of the amount presently deductible creates an artificial incentive for the incorporation of businesses and professional practices. B. Proposal. The proposed bill would increase the limitation on deductible contributions to a qualified private retirement plan on behalf of a self-employed individual to an amount which is the lesser of $7,500 or 15 percent of his earned income. The limitation on excludable contributions on behalf of shareholderemployees of electing small business corporations would likewise be increased to an amount which is the lesser of $7,500 or 15 percent of compensate on. C. Effective Date. These increased limitations would apply to taxable years beginning after December 31? 1972* ’ 7 • Treatment of Lump-Sum Distributions Recontributed to Qualified Retirement Plans. (Section 5 of Bill) A. Present Law. Under existing law, if a lump sum distribution is made under a qualified private retirement plan, the distribution is subject to income taxation even if the distribution is received by an employee before his retirement and is set aside by him for his future retirement security. - 16 - Often, if an employee leaves his employer for a new employer under circumstances where he has a vested right to retirement benefits from his first employer, his retirement benefits will be distributed to him in a lump sum at the time he leaves his first employer. This is con venient for the employer or trustee because he thereby avoids continuing tp administer funds for the benefit of a former employee. However, because of the income tax payable at that time, the employee will have a smaller fund available for his retirement years. On the other hand, an employee who, throughout his working career, is employed by a single employer will typically avoid any tax on his retirement funds until actual retirement. Such a result creates an inequity between employees who work for only one employer and employees who are more mobile. B. Proposal. Under the proposed bill, an individual would not be subject to tax upon receipt of a lump-sum distribution from a qualified retirement plan if the individual reinvests the funds in a qualified individual retirement account or a qualified employer-sponsored retirement plan within 60 days after the close of the employee’s taxable year. If the individual receives the distribution in property, other than cash, he would have to reinvest the same property in order to take advantage of this tax deferral opportunity. The proposal would encourage retirement savings by enabling an employee to defer taxation of an amount received as a lump-sum distribution until retirement. C. 2 Effective Date. a These rules would apply to taxable years ending after the date of enactment. 8• Prohibited Transactions. (Section 6 of Bill) A. Present Law. Under present law, a trust forming part of a qualified retirement plan is denied exemption from taxation if it engages in prohibited transaction. a Within this context, a prohibited transaction usually involves a transaction at less than arm’s length, between the trust and the employer who established the plan, under circumstances which may result in the diversion or dissipation of the trust assets required to be held for the exclusive benefit of the employees covered by the plan. If exemption from taxation is denied to the trust, other special benefits under the Code relating to qualified plans are also denied. Special benefits affecting employees include deferral of the taxation of non forfeitable amounts contributed on their behalf by employers, and special averaging provisions available with respect to lump sum distributions. The denial of the trust’s exemption from taxation, accompanied by the denial of the employee’s exclusions for employer contributions and the employer’s current deduction, has not been a satisfactory deterrent in discouraging participation in a prohibited transaction. An employer, in need of working capital or in failing financial condition, may find it advantageous to forego a deduction for any contribution made under a plan - 18 in order to divert trust assets to his own use. In far too many instances, the fiduciary for the trust acquiesces in the employer’s demand to divert assets to the detriment of the employees. In many cases, the consequences of the denial of exemption for the trust fall upon innocent rank-and-file employees covered. For example, if a trust is disqualified because of an act of the trustee and the employer, any income tax imposed upon the disqualified trust may diminish the funds available to provide the retirement benefit promised to the employee. Furthermore, because of the prohibited act in which he did not participate, the employee may have to include in his gross income the contributions made on his behalf in a taxable year before he actually receives the amounts attributable to the contributions. B. Proposal. Any sanction against prohibited transactions should be directed only toward those who participate in them. An employee who is a stranger to the transaction should not be penalized through denial of the special tax benefits to which he would be entitled but for the transaction of another. An effective sanction against prohibited transactions would prevent the wrongful dissipation of plan assets. The proposed bill would impose excise taxes on the amount involved in a prohibited transaction. The taxes would be paid by any party in interest (e.g., the trustee, employer, or officers of the employer, and other persons having a close relationship to the trust or employer) who are 25 -19 participants in the transaction. An initial tax would be imposed at the rate of 5 percent of the amount involved in the prohibited transaction. An additional tax would be imposed at the rate of 200 percent if the trans action is not corrected within 90 days after notice of deficiency for such tax is mailed. An additional period for correction of the transaction may be allowed if reasonable and necessary to bring about correction of the prohibited transaction. These provisions are similar to taxes imposed by the Tax Reform Act of 1969 with respect to private foundations. Under the proposed bill, a prohibited transaction would be any act which is prohibited under the Administration’s proposed Employee Benefits Protection Act. Thus, there would be a uniform meaning of a prohibited transaction for purposes of the tax law and the law relating to fiduciary standards. Furthermore, the effect of a uniform definition of the term would be to extend the fiduciary standards to qualified private retire ment plans that are not covered, for administrative and other reasons, under the Employee Benefits Protection Act (e,g,, plans covering fewer than 26 participants). C. Effective Date. These provisions would be effective beginning on the day after the date of enactment. 9. Miscellaneous Provisions. A. Premature Distributions to Owner-Employees. (Section 7 (a) of Bill) Under existing law, certain penalties are applicable to distributions made to an owner-employee before he attains the age of 59-1/2 years but only 20 to the extent thè distributions are attributable to contributions made on his behalf. Under the proposed bill, this provision is made applicable to forfeitures -which may arise under the rule of 35 vesting standard. B. Employees Covered under Collective Bargaining Agreement (Section 7 (b) of Bill) Under existing law, a qualified private retirement plan must cover (1) specified percentages of employees (generally, 70 percent of employees or 80 percent of those eligible if 70 percent are eligible to participate) or (2) such employees as qualify under a classification that does not dis criminate in favor of officers, shareholders, supervisors, or highly compensated employees. In making the computation under the percentage requirement, certain short service, part-time and seasonal employees are excluded. In addition, contributions or benefits under a, plan may not discriminate in favor of officers, shareholders, supervisors or highly compensated employees. In many cases, employees covered under a collective bargaining agreement prefer current compensation or other benefits to the benefits provided under a qualified plan. Thus, many employers are unable to establish a plan for other employees because the coverage and discrimination requirements cannot be satisfied if the bargaining -unit employees are not covered. Under the proposed bill, employees who are included in a unit of employees covered by a collective bargaining agreement may be excluded for purposes of satisfying the coverage requirements and the discrimination requirement unless such agreement provides that the employees are to be included in the plan. 21 C. - Plans Benefiting Self-Employed Individuals. (Section 7 (c) of Bill) Under existing law, there is full and immediate vesting in contributions made or benefits accrued under a plan covering an "owner-employee." In a plan which does not cover any owner-employee, forfeitures may not benefit self-employed individuals. Under the proposed bill, forfeitures attributable to contributions made on behalf of common law employees (which may arise under the rule of 35 or 50 vesting standards) may not inure to the benefit of selfemployed individuals. However, forfeitures by a self-employed individual may inure to the benefit of other participants, whether or not those other par ticipants are self-employed. D. Trustee of a Trust Benefiting on Owner-Employee. (Section 7 (d) of Bill) Under existing law, the trustee for a trust forming part of a retirement plan benefiting an owner-employee must be a bank. Under the proposed bill, any person who demonstrates to the satisfaction of the Secretary or his delegate that he will hold the trust assets in a manner consistent with the requirements for qualification may be a trustee for a plan benefiting an owner-employee. This provision is identical with the corresponding require ment the bill would establish with.respexrt to individual retirement accounts. E. Custodial Accounts. (Section 7 (f) of Bill) Under existing law, a custodial account may be treated as a trust if the custodian is a bank and investment of the funds is either solely in mutual funds or solely in annuity contracts. Under the proposed bill, a person other than a bank may be a custodian if he demonstrates that he - 22 ■will hold the assets consistently with the requirements for qualification of a trust. The restrictions relating to investment would he eliminated. This provision is identical with the corresponding requirement the hill would establish with respect to individual retirement accounts. F. Time when Contributions Deemed Made. (Section 7 (h) of Bill) Under existing law, a taxpayer who reports his income on an accrual basis may deduct the contributions made after the close of a taxable year on account of that year, if they are made at any time prior to filing a tax return for that year. In many cases, it is impossible to determine the amount to be contributed under the plan for a year by the end of that year. Under the proposed bill, the rule applicable to accrual basis taxpayers would be extended to cash basis taxpayers. G. Inclusion of Certain Employer Contributions in Gross Income. (Section 7 (i) of Bill) Under existing law, there is no limit upon the amount contributed under a qualified private pension plan on behalf of an employee, other thar a shareholder-employee of an electing small, business corporation, which may be excluded from gross income by the employee. Furthermore, there is no meaningful limitation on the deductible amount which may be contributed by an employer under a money purchase pension plan. Under the proposed bill, an employee would be required currently to include in his gross income the amount of employer contributions made on his behalf under a money purchase pen sion plan to the extent in excess of 20 percent of his compensation. Any amount included in gross income would be considered as part of the employee's investment in the contract for purposes of computing the taxable amount of a distribution from the plan to the employee. However, these amounts would be considered to be contributed by the employer for purposes of qualification of the plan. A deduction would be allowed for amounts included in.gross income that are not received before all rights under the plan terminate. H. Defined Benefit Pension Plans Benefiting Self-Employed Individuals. (Section 7 (a), (c), (g) of Bill) Under existing law, defined benefit pension plans are permitted for selfemployed individuals. However, these plans are seldom established because of the low limits on deductible contributions and because separate accounts are required to be maintained for each self-employed individual to assure that forfeitures do not inure to his benefit. Defined benefit pension plans would be more feasible for self-employed individuals under the proposed bill because of the increased deductible limit of ^7?500 and because forfeitures by one self-employed individual would be permitted to inure to the benefit of other self-employed individuals. Under the proposed bill, a separate account - 2k - •would be required to be maintained with respect to the self-employed individuals covered under a defined benefit pension plan. Another separate account would be required to be maintained with respect to the common law employees covered under the plan. I. Voluntary Contributions by Owner-Employees. (Sections 3 (c) and 7 (e) of Bill) Under existing law, amounts received from a retirement plan before retire ment are tax-free to all participants other than owner-employees (self-employed persons who own 10$ or more of the business) to the extent of all non deductible amounts contributed to the plan by the participants. Under the proposed bill owner-employe es would have the same rights upon withdrawal of non-deductible contributions as all other participants. 10 . Major Changes from Individual Retirement Benefits.Act of 1971 » The proposed bill is a revised and expanded version of the Individual Retirement Benefits Act of 1971? a bill proposed by the Administration in the 92nd Congress. A. The major changes from the earlier bill are as follows: Minimum Funding Standard. The earlier proposed bill did not deal with funding. B. Accrued Benefits. Hie earlier proposed bill did not define "accrued benefits" for vesting purposes. C. Vesting. Provisions in the earlier proposed bill for special vesting in lieu of the rule of 90 intended to prevent discrimination in favor of officers, etc., of closely held partnerships and corporations have been dropped because of admini str at ive complexit ies . -25 D. Z Contributions on Behalf of Self-Employed. The earlier proposed bill provided that deductible contributions on behalf of self-employed individuals and shareholder-employees of electing small business corporations could not exceed 15$ of so much of earned income as does not exceed $50,000. This proposed bill provides that deductible contributions are limited to the lesser of $7,500 or 1% E. of all earned income. Reinvestment of Lump-Sum Distributions. The earlier proposed bill did not permit tax-free reinvestment of lumpsun distributions. F. Prohibited Transactions. The earlier proposed bill did not change the law concerning prohibited transactions. G. Bargaining Unit. The earlier proposed bill did not deal with collective bargaining unit employees. H. Forfeitures. The provision prohibiting the allocation of a forfeiture of a common law employee’s benefits to a self-employed individual is new. I. Trustees and Custodians. The earlier proposed bill did not change the rules concerning trustees and custodians of existing qualified retirement plans. J. Money Purchase Pension Plans. The provision requiring an employee to include in gross income amounts contributed on his behalf under a purchase money pension plan to the extent in excess of 20 percent of his compensation, is new. L. Withdrawals The earlier proposed bill would not have repealed the provision prohibit ing an owner-employee from withdrawing his voluntary nondeductible contribu tions before the taxable recovery of deductible contributions. RETIREMENT BENEFITS TAX ACT S. 1631 (93rd Cong.) WITH PROPOSED TECHNICAL REVISIONS Technical Explanation and Section by Section Analysis Section 1, (a) Short Title, Etc. Short title.— Section 1 (a) of the bill pro vides that the bill may be cited as the ’’Retirement Benefits Tax Act”. (b) Amendment of 1954 Code.--Section 1 (b) of the bill provides that, except as otherwise expressly provided, 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. Minimum Standards Relating to Funding, Eligibility, and Vesting. (a) In general.— Section 2 (a) of the bill would amend section 401 (a) of the code (relating to require ments for qualification) by adding a minimum funding standard in paragraph (7), and by adding new paragraphs (11), (12), (13), and (14). Proposed paragraph (11) would impose limits upon the age and service conditions for participation in a qualified plan. Proposed para graph (1 2 ) would require a qualified plan to include provisions according participants nonforfeitable rights under the plan prior to retirement, in accordance with the ’’rule of 50”. Proposed paragraph (13) would provide 2 a limited exception to the application of the rule of 50 under paragraph (12). Proposed paragraph (14) would provide special transitional rules for applying paragraphs (1 1 ) and (1 2 ). Minimum funding standard--section 401 (a) (7) Section 401 (a) of the code does not contain any explicit funding standard, although a funding standard has been developed administratively. The standard is used in determining whether, under section 401 (a) (7 ), a complete discontinuance of contributions to a qualified pension plan has occurred. Income Tax Regulations.) (Sec. 1.401-6 (c) of the A qualified plan is required to provide that if such a discontinuance occurs, the rights of participants under the plan, to the extent funded, be come vested. Regulations.) (Sec.1.401-6 (c) (1) of the Income Tax Under the administrative standard, a . suspension of contributions is not a complete discontinuance of contributions if the benefits under the plan are not affected at any time by the suspension and the unfunded past service cost at any time does not exceed the unfunded past service cost as of the date of establishment of the plan, plus any additional past service or supplemental costs added by amendment. An employer will generally satisfy the administrative funding standard, in the case of a defined benefit pension plan, by annual funding of the sum of normal cost and interest on unfunded past service costs. - 3 - Section 2 (a) (1) of the bill would amend para- J. graph (7 ) of section 401 (a) of the code to provide that for purposes of that paragraph, a complete discontinuance of contributions under a defined benefit pension plan occurs if the amount contributed to or under the plan for a plan year beginning after December 31, 1973, is less than the minimum funding standard. This minimum funding standard would not apply to a plan maintained by the United States, a State or political subdivision there of or a corporation which is an instrumentality of the United States, a State or political subdivision thereof. For the first plan year beginning after December 31, 1973, the minimum funding standard is to be the sum of (i) the normal cost of the plan for such year plus interest for such year on the unfunded liability computed under the funding method used to determine normal costs, and (ii) 5 percent of the unfunded liability for nonforfeitable benefits under the plan (computed as the excess of the present value of the nonforfeitable benefits then accrued under the plan over the then fair market value of the assets). For this purpose, nonforfeitability of benefits is to be determined without regard to such contingencies as withdrawal of employee contributions, service with a competitor, or improper conduct. For each subsequent plan year, the standard is increased by the total of the amounts determined under (i) and (ii) of the preceding paragraph with respect to the plan for each of the preceding plan years beginning after December 31, 1973, and reduced (but not below zero) 4 by the total of the amounts contributed to or under the plan for each of the preceding plan years beginning after such date. Thus, amounts contributed for a plan year in excess of the standard reduce the standard for subsequent plan years. The proposed minimum funding standard for any plan year is not to exceed the excess (if any) of the accrued liability under the entry-age normal funding method (including the normal cost for the year), over the fair market value cf the assets held under the plan. Thus, for example, if the fair market value of the assets held under the plan is greater than the accrued liability under the entry-age normal funding method, no contributions would be required under this provision because the plan is already fully funded. For purposes of the minimum funding standard, liabilities under the plan and the assets held under the plan are to be determined as of the same date during the plan year and such date is to be used consistently from year to year. The fair market value of the assets held on such date is to be determined on the basis of a reason able method applied consistently, such as on the basis of their average value during the year. Further, the actuarial assumptions used in determining liabilities under the plan are required to be reasonable in the aggregate. As under present law, failure to satisfy the minimum funding standard would not be the only means of effecting a complete discontinuance of contributions. As amended, paragraph (7) would also provide that the Secretary of the Treasury or his delegate may authorize the use of another minimum funding standard which results in a satisfactory rate of funding. Eligibility requirements--proposed section 401 (a) (11) Under section 401 (a) (3) of the code (relating to re quirements for qualification), a qualified pension, profit sharing, or stock bonus plan (or plans treated as a single plan for qualification purposes) must cover either (1 ) specified percentages of employees (generally, 70 percent of all employees or 80 percent of the eligible employees if 70 percent of all employees are eligible) or (2) such employees as qualify under a classification that does not discriminate in favor of officers, shareholders, supervisors, or highly compensated employees. Under the percentage coverage requirement, employees who have been employed for a minimum period prescribed by the plan 6- (not in excess of 5 years) and certain part-time a n d seasonal employees may be excluded. These requirements, however, do not directly limit the restrictions on eligibility to participate which may be imposed by such a qualified plan. Under section 401 (a) (4) of the code, a plan may not discriminate in favor of shareholders, officers, supervisory employees, or highly compensated employees. For example, under present law, employees who, when they first otherwise become eligible to participate in a plan, are older than a specified age (generally an age close to normal retirement age) may be excluded if the prohibited discrimination does not result. Proposed section 401 (a) (11) provides that a trust is not to constitute a qualified trust under section 401 of the code if the plan of which such trust is a part requires, as a condition of participation, that an employee ( A ) have a period o f continuous service with the employer (including, in accordance with regulations prescribed by the Secretary of the Treasury or his delegate, a predecessor of the employer) in excess of 3 years, (B) have attained an age in excess of 30 years, or (C) have not attained an age which is less - 7 than the normal retirement age under the plan reduced by 5 years. For this purpose it is contemplated that regulations will provide a definition of "continuous service" which will be broader than the definition of "employment relationship" provided by § 1.421-7 (h) of the Income Tax Regulations. The Secretary of the T r e a s u r y or his delegate is, by regulation, to define the term "normal retirement age under the plan" for purposes of proposed section 401 (a) (11). Accordingly, under subparagraphs (A) and (B) of proposed section 401 (a) (11), a plan would be required to cover an employee who has completed 3 years of service and is at least 30 years old (if he meets all other conditions of participation) if any trust forming part of the plan is to constitute a qualified trust under section 401 of the code. Furthermore, for example, if the normal retirement age under the plan is age 65, the requirements of proposed section 401 (a) (11) (C) would not be satisfied if, under the plan, employees who, when they would first otherwise become eligible to participate in the plan, are excluded because they have attained age 59 (because 59 is less than 65 reduced by 5). However, in such a case, the requirements would be satisfied if the plan required, as a condition of participation, that 8 an employee have not attained age 60 years or an age greater than 60 years when he first becomes otherwise eligible to participate in the plan. A plan would not be required to cover an employee who is younger than 30 years even if he has completed 3 or more years of service with the employer. However, a plan could, for example, permit coverage of employees younger than age 30 who have completed more than 3 years of service, or employees who have completed less than 3 years of service who are older than age 30. Similarly, a greater service requirement could be imposed with respect to an employee who, as of the time he is first otherwise eligible to participate, is older than normal retirement age reduced by 5 years. Vesting requirements--proposed section 401 (a) (12) Section 401 (a) of the code (relating to require ments for qualification) does not explicitly require that a qualified pension, profit-sharing, or stock bonus plan provide that a participant in the plan acquires a nonforfeitable right to his accrued benefit under the plan at any time before he becomes eligible to retire. However, section 401 (d) (2) (A) of the code (relating to additional requirements for qualification of trusts and plans benefiting owner-employees) presently requires that a plan established by an unincorporated business in which an owner-employee participates must provide that each participant’s rights to or derived from the contributions under the plan are nonforfeitable at the time the contributions are paid to or under the plan. In addition, under section 401 (a) (4) of the code, the failure of a plan to provide for preretirement vesting is taken into account by the Internal Revenue Service in determining whether the plan satisfies the requirement that it not discriminate in favor of officers, share holders, supervisory employees, or highly compensated employees. Furthermore, under section 401 (a) (7) of the code, a qualified pension, profit-sharing, or stock 10 bonus plan must provide that, upon its termination or upon a complete discontinuance of contributions under the plan, the rights of each employee in his accrued benefits, to the extent funded, or the amounts credited to his account, are nonforfeitable. Although the computation of benefits accrued by an employee is required for purposes of section 401 (a) (7) of the code and for purposes of other code provisions, the code does not provide rules for the computation of accrued benefits. Subparagraph (A) of proposed section 401 (a) (12), provides that, except as provided by subparagraphs (B) and (C) of that paragraph (relating, respectively, to forfeitures due to voluntary withdrawal of employee contributions, and forfeitures required to prevent dis crimination in favor of shareholders, officers, super visory employees, or highly compensated employees) a trust is not to constitute a qualified trust under sec tion 401 (a) of the code unless the plan trust is a part standards. of which such satisfies specified minimum vesting Under the proposed standards, an employee’s rights in his accrued benefit derived from his own contri butions must be nonforfeitable (other than by reason of death). Furthermore, under a qualified plan at least 50 percent of his accrued benefit derived from employer 11 contributions would be required to be nonforfeitable (other than by reason of death) no later than the later of (i) the close of the first plan year in which the sum of his age and the period of his active participation in the plan equals or exceeds 50 years, or (ii) the time he has completed 3 years of continuous service with the employer (including, in accordance with regulations prescribed by the Secretary of the Treasury or his delegate, service with a predecessor of the employer)* For the purpose of (i), years of age and years of active participation are to be rounded separately to the nearest whole year and active participation would not include, for example, periods after employment ceases, or periods for which employee contributions required to be made under the plan are not made. Proposed section 401 (a) (12) (A) would further require that an employee*s rights in the remaining percentage of all of his accrued benefit derived from employer contributions become nonforfeitable (other than by reason of death) not less rapidly than ratably over the next succeeding 5 plan years following the close of the first plan year in which such employee satisfies the initial nonforfeitability require ment. More rapid vesting than that required under proposed section 401 (a) (12) could be required under section 401 (a) (4 ) if necessary to prevent discrimination in favor of officers, shareholders, supervisory employees, or highly compensated employees. r 12 Under proposed paragraph (12) (A), if an employee’s active participation began in 1975 at the beginning of a plan year at age 30, and continued for a period of 15 consecutive plan years, his right to at least 50 percent of his accrued benefit derived from employer contributions would have to be nonforfeitable (other than by reason of death) no later than the close of the 1 0 th plan year of participation and his right to all of his accrued benefit would have to be nonforfeitable (other than by reason of death) no later than the close of the 15th plan year of participation. Further, under proposed paragraph (12) (A) his right to any benefit accrued after such 15th year would have to be nonfor feitable (other than by reason of death). If, as of the close of the plan year in which the vesting standard becomes effective, participant A is age 40 and participant B is age 50, and each has participated in the plan for 10 years, A ’s right to at least 50 percent and B's right to 1 0 0 percent of the benefit accrued for such year would have to be nonforfeitable (other than by reason of death). (See effective date provided by sec. 2 (d) of the bill and special transitional rules provided under sec. 401 (a) (14) as proposed to be added by sec. 2 (a) of the bill.) 13 b Subparagraph (B) of proposed section 401 (a) (12) provides that a trust, which is a part of a plan to which employees are required to contribute as a condition of participation, is not to be disqualified under proposed paragraph (1 2 ) merely because an employee’s rights in his accrued benefit derived from employer contributions under the plan are forfeitable if, by reason of his ( separation from the service or termination of his active participation in the plan, he voluntarily withdraws all or a part of the amount contributed by him. If a plan provided that a terminating employee is required to with draw his contributions to the plan under certain circum stances, his rights in his accrued benefit may not be forfeited because of such withdrawal. Moreover, proposed section 401 (a) (12) (B) would not apply to a plan which merely permits an employee to make voluntary contributions to the plan (i.e., contributions that are not required to be made under the plan to receive a benefit (or an addi tional benefit) derived from employer contributions). 14 - Subparagraph (C) of proposed section 401 (a) (12) provides that proposed paragraph (1 2 ) is not to apply to contributions which, under provisions of the plan adopted pursuant to regulations prescribed by the Secretary of the Treasury or his delegate to preclude discrimination prohibited by paragraph (4) of section 401 (a) (in favor of shareholders, officers, supervisory employees, or highly compensated employees), may not be used to provide benefits for designated employees in the event of early termination of the plan. However, except to the extent necessary to prevent the prohibited discrimination, the rights of such a designated employee must be nonforfeitable in accordance with provisions of the plan satisfying the rule of 50. Many plans provide, for example, for the forfeiture of benefits by a participant who serves with a competitor or engages in improper conduct. To the extent provisions such as these render forfeitable those benefits which would be required to be nonforfeitable under proposed section 401 (a) (1 2 ), such provisions would require amendment. . Improper conduct may, nevertheless, continue to be deterred by provisions giving an employer lien rights against employee interests in a trust to recover liabilities to the employer if permitted under local law, e.g., recovery for embezzlement. Subparagraph (D) of proposed section 401 (a) (12) provides rules for determining the amount of an employee*s accrued benefit (which are minimum amounts in the case of 15 benefits under defined benefit pension plans), as of any applicable date, for purposes of proposed sections 401 (a) (12) and 401 (d) (2) (A) (relating to the vesting requirements of qualified plans benefiting owner-employees). Separate rules would apply for the determination of the minimum accrued benefit in the case of a defined benefit pension plan and for such determination in the case of other plans. Clause (i) of proposed section 401 (a) (12) (D) provides general rules for determining such accrued benefit on the basis of an annual benefit commencing at normal retirement age in the case of a defined benefit pension plan. (Subparagraph (F) of proposed sec. 401 (a) (12) provides rules for the determination of a benefit other than an annual benefit commencing at normal retirement age.) The general rule provided by proposed clause (i) is that an employee’s minimum accrued benefit, as of any applicable date prior to normal retirement age, is to be the product of (1 ) the annual benefit commencing at normal retirement age to which such employee would be entitled under the plan as .in effect at such time, assuming that he continues to earn annually until normal retirement age the same rate of compensation as he earned at such time (based upon his average covered earnings during the 60 preceding months or, if shorter, the actual preceding period of employment), and (2 ) the following fraction: the numerator of the fraction is to be the total number of his 16 years of service with the employer (including, in accordance with regulations prescribed by the Secretary of the Treasury of his delegate, service with a predecessor of the employer) performed as of such time and the denominator of such fraction is to be the total number of years of service he will have performed as of normal retirement age, assuming that he will continue to be employed by the employer Until attaining such age. However, such denominator is not to be less than 15 nor more than 40. Notwithstanding the above rules, the fraction referred to in proposed clause (i) is to be deemed to be equal to one at normal retirement age and is never to exceed one. Thus, for example, if an employee's age is equal to or greater than normal retirement age, his annual benefit would be multiplied by one, and prior to normal retirement age the minimum accrued benefit of an employee with a level salary would accrue at a level rate, not to exceed l/15th per year and not less than l/40th per year. The minimum accrued benefit for an employee with 40 years of service would be equal to the annual benefit payable at normal retirement age based on assumed continuation of his present compensa tion to that age. For example, employee A becomes an employee of X Corporation and a participant in its noncontributory plan at age 40 in 1976. The plan provides a pension at 17 age 65, the normal retirement age, equal to 30 percent of the average compensation during the five years of service immediately preceding retirement, A partici pates in the plan for 10 years, earning average annual covered compensation in the last 60 months of $12,000. Under proposed section 401 (a) (12) (D), at the end of the 10th year, his accrued benefit is not to be less than $1,440 per year beginning at age 65 (30 percent of $12,000 multiplied by 10/25). It is anticipated that regulations prescribed by the Secretary of Treasury or his delegate would provide special rules for determining an employee*s accrued benefit derived from employer contributions under a defined benefit pension plan which is integrated with social security benefits. The last sentence of proposed section 401 (a) (12) (D) provides that, in the case of a defined benefit pension plan which permits voluntary employee contributions, the portion of an employee*s accrued benefit derived from such contributions is to be treated as an accrued benefit derived from employee contributions under a plan other than a defined benefit pension plan. A separate account would be required to be maintained for voluntary contri butions of each participant together with the income expenses, gains and losses thereon. 18 Clause (ii) of proposed section 401 (a) (12) (D) provides that in the case of a plan other than a defined benefit pension plan (a profit-sharing, stock bonus, or money purchase pension plan (including a "target benefit" plan)) an employee’s accrued benefit as of any applicable date is to be the balance of the account or accounts for such employee as of that time. Subparagraph (E) of proposed section 401 (a) (12) provides rules for determining an employee’s accrued benefit derived from employer contributions (which would be subject to the applicable proposed vesting standards) and from employee contributions (which would be fully nonforfeitable, except in the case of death). The first sentence of proposed section 401 (a) (12) (E) defines an employee’s minimum accrued benefit derived from employer contributions as of a particular date as the excess of the employee’s accrued benefit determined under proposed section 401 (a) (12) (D) as of such date over the amount of the accrued benefit derived from his employee contributions as of such date. Thus, the amount of an employee’s accrued benefit derived from employer contributions depends on the terms of the plan but does not depend upon the amount of employer contributions actually made and does not depend on the value of the assets in the fund. With respect to a plan other than a defined benefit pension plan, the amount of the accrued benefit derived from employee contributions as of any date is to be the benefit attributable to the balance in his separate account consisting only of his contributions and the income, expenses, gains, and losses attributable thereto. However, if a separate account is not maintained with respect to an employee*s contributions under such a plan, the amount of the accrued benefit derived from employee contributions is to be the amount which bears the same ratio to the employee’s total accrued benefit as the total amount of the employee’s contributions (less withdrawals) bears to the total amount of his contributions (less withdrawals) and the employer contributions (less withdrawals) made on his behalf. For this purpose, forfeitures credited to an employee’s account are to be treated as employer contributions. With respect to a defined benefit pension plan providing an annual benefit in the form of a single life annuity commencing at normal retirement age (proposed sec. 401 (a) (12) (F) provides rules for other forms), the amount of the minimum accrued benefit derived from employee contributions as of any applicable date is to be the annual benefit equal to the employee’s accumu lated contributions multiplied by the appropriate con version factor. For this purpose, the term "appropriate conversion factor" means the factor necessary to convert an amount equal to the accumulated contributions to a single life annuity commencing at normal retirement age. 20 Such factor is to be 10 percent for a normal retirement age of 65 years and is to be the same for men and women* For other normal retirement ages, such factor is to be deter mined in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. For purposes of proposed section 401 (a) (12) (E) the term "accumulated contributions" means the total of: (i) all mandatory contributions made by the employee before the end of the last plan year referred to in clause (i) or (ii) of proposed section 401 (a) (14) (A) (relating to transitional rules), together with interest (if any) credited thereon under the plan to the end of such plan year (to the extent such contributions and interest are nonforfeitable on the applicable date), and interest compounded annually thereafter at the rate of 5 percent per annum, to the date upon which the employee would attain normal retirement age, and (ii) all mandatory contributions made by the employee after the end of the last plan year referred to in clause (i) or (ii) of proposed section 401 (a) (14) (A), together with interest on such contributions compounded annually at the rate of 5 percent per annum to the date upon which the employee would attain normal retirement age. - 21 For purposes of subparagraph (E) of proposed section 401 (a) (12), mandatory contributions made by an employee are the contributions that are required to be made under the plan to receive a benefit (or an additional benefit) derived from employer contributions. For example, if the benefit de rived from employer contributions depends upon a specified level of employee contributions, employee contributions up to that level would be treated as mandatory contributions. Proposed section 401 (a) (12) (E) further provides that the accrued benefit derived from employee contribu tions is not to exceed the accrued benefit determined under subparagraph (D) of proposed section 401 (a) (12). Thus, for example, if an employee’s accrued benefit determined under subparagraph (D) equals $20,000, his accrued benefit derived from employee contributions is not to be greater than $20,000 even though such benefits determined under subparagraph (E) equal $25,000. Subparagraph (F) of proposed section 401 (a) (12) provides that, in the case of a defined benefit pension plan, if. an employee’s accrued benefit is to be deter mined as an amount other than an annual benefit commencing at normal retirement age, or if the amount of the accrued benefit derived from contributions made by an employee is to be determined with respect to a benefit other than an annual benefit in the form of single life annuity commencing at normal retirement age, the employee’s minimum accrued benefit, or the amount of the minimum accrued benefit derived from contributions made by an employee, as the case may be, is to be the actuarial equivalent (determined in accordance with regulations prescribed by the Secretary of the Treasury or his delegate) of such benefit or such amount determined under subparagraph (D) or (E) of proposed section 401 (a) (12). It is contemplated, that amendment of many existing plans would be required to conform them to the proposed rules relating to the required percentage of vesting and the definition of accrued benefit, in order to remain qualified. For instance, the United States civil service retirement system would have to be amended to conform to these rules. Exception to vesting requirement$--proposed section 401 (a) (13) Proposed section 401 (a) (13) provides that a trust forming part of a defined benefit pension plan which is in existence on December 31, 1972, is not to be dis qualified for any plan year merely because such plan pro vides that an employee's accrued benefit derived from employer contributions for any plan year is forfeitable if both of the following conditions are satisfied: the sum of the periodic benefit payments to retired (1) 23 participants (or their beneficiaries) during the plan year exceeds the benefit accruals (determined in accordance with regulations prescribed by the Secretary or his delegate) by active participants during the plan year, and (2) as of the beginning of the plan year, the sum of the present values of accrued plan liabilities to active and retired participants under the plan exceeds the fair market value of plan assets. Such accrued benefits for an employee during such a plan year could remain for feitable until the employee attains retirement age under the plan. The present values of accrued plan liabilities are to be determined in accordance with actuarial assumptions which in the aggregate are reasonable. The fair market value of plan assets held at the beginning of the plan year is to be determined on the basis of a reasonable method applied consistently, such as on the basis of their average value during the preceding year. Subparagraph (B) of proposed section 401 (a) (13) provides that this exception is not to apply for any plan year beginning after December 31, 1972, if the plan is amended during such plan year to provide additional or increased benefits (for example, by lowering the re tirement age or raising benefit levels). For this purpose, neither a reduction in eligibility requirements to comply 24 with applicable law nor an increase in the rate of vesting would be deemed to result in additional or increased benefits. If the plan is so amended, the exception will also not apply to any succeeding plan year or to any plan year which begins after December 31, 1972, and which precedes the plan year in which the plan is amended by not more than 5 plan years. Transitional rules--proposed section 401 (a) (14) Proposed section 401 (a) (14) (A) (i) provides that proposed paragraphs (11) and (12) of section 401 (a), relating to eligibility of participants and nonforfeit ability of accrued benefits, respectively, are not to apply, in the Case of a plan in existence on December 31, 1972, with respect to a plan year which begins before January 1, 1975. However, if later, in the case of a plan maintained pursuant to an agreement which the Secretary of the Treasury or his delegate finds to be a collective bargaining agreement between employee representatives and one or more employers, in effect on December 31, 1972, proposed paragraphs (11) and (12) of section 401 (a) are not to apply to a plan year ending before the termination of the agreement. For purposes of determining the date on which such an agreement terminates, an extension agreed to after December 31, 1972, would be disregarded. Thus, in the case of such a collectively bargained plan, the proposed 25 rules relating to nonforfeitability of accrued benefits would generally not apply to benefits accrued during plan years ending before the expiration of the collective bargaining agreement in effect on December 31, 1972. Generally, subparagraph (B) of proposed section 401 (av (14) provides an exception to the application of the transitional rules under subparagraph (A) of proposed section 401 (a) (14). Subparagraph (B) of proposed sec tion 401 (a) (14) provides that proposed section 401 (a) (12), relating to nonforfeitability of accrued benefits, is to apply to all benefits accrued under the plan unless the conditions of nonforfeitability under the plan as in effect on December 31, 1972, remain in effect with respect to benefits accrued during plan years beginning before January 1, 1975 (or, if applicable, the appropriate later date in the case of a plan maintained pursuant to a collective bargaining agreement). For this purpose the conditions of nonforfeitability are to be deemed to remain in effect so long as such conditions are not amended to provide for the forfeiture of amounts which would not have been forfeited but for the amendment. % - 26 - Subparagraph (B) of proposed section 401 (a) (14) further provides that, in the case of a profit-sharing, stock bonus, or money purchase pension plan, proposed section 401 (a) (12) is to apply to all benefits accrued under a plan unless separate accounts are maintained with respect to the benefits accrued during plan years beginning before January 1, 1975 (or, if applicable, the appropriate later date in the case of a plan maintained pursuant to a collective bargaining agreement). 27 (b) Plans benefiting owner-employees.— Section 2 (b) of the bill would amend section 401 (d) of the code (relating to additional requirements for qualification of trusts and plans benefiting owner-employees). Paragraph (1) of section 2 (b) of the bill would revise the con ditions for nonforfeitability of benefits under such a plan. Paragraph (2) of section 2 (b) of the bill would revise the service requirements for participation in a qualified plan benefiting an owner-employee. Conditions for nonforfeitability of benefits--section 401 (d) (2) (A) Section 401 (d) (2) (A) of the code provides that an employees* trust, in which an owner-employee (defined in sec. 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, 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 nonfor feitable at the time such contributions are made. 28 Paragraph (1) of section 2 (b) of the bill would amend section 401 (d) (2) (A) to provide minimum vesting standards which must be met if such a trust is to constitute a qualified trust under section 401. Under the proposed standards, an employee*s rights in his accrued benefit derived from his own contributions (within the meaning of proposed sec. 401 (a) (12)) must be nonforfeitable (other than by reason of death). Furthermore, his rights in at least 50 percent of his accrued benefit derived from employer contributions (within the meaning of proposed sec. 401 (a) (12)) must be nonforfeitable (other than by reason of death) as of the close of the first plan year in which the sum of his age and the period of his participa tion in the plan equals or exceeds 35 years. Proposed section 401 (d) (2) (A) would further require that an employee’s rights in the remaining per centage of all of his accrued benefit derived from employer contributions become nonforfeitable (other than by reason of death) not less rapidly than ratably over the next succeeding 5 plan years following the close of the first plan year in which such employee satisfies the initial nonforfeitability requirement. 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, under provisions of the plan adopted pursuant to - 29 regulations prescribed by the Secretary of the Treasury 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. Further, more rapid vesting could be required if necessary to prevent discrimination in favor of self-employed indivi duals, supervisory employees, or highly compensated employees. Conditions for participation--section 401 (d) (3) Section 401 (d) (3) of the code provides that an employee*s trust, in which an owner-employee (as defined in sec. 401 (c) (3)) participates, does not constitute a qualified trust under section 401 of the code unless 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 for not more than 20 hours in any one week or is for not more than 5 months in any calendar year. Section 2 (b) (2) of the bill would amend section 401 (d) (3) to provide that such a trust is not to con stitute a qualified trust under section 401 unless the plan benefits each employee having a period of continuous service with the employer of 3 years or more who is younger 30 than 30 years of age, each employee having a period of continuous service with the employer of 2 years or more who has attained the age of 30 years but is younger than 35 years of age, and each employee having a period of continuous service with the employer of 1 year or more whose age is 35 years or greater. Also, for this purpose, the term ’’employee" is not to include any employee who is included in a unit of employees covered by an agreement which the Secretary of the Treasury or his delegate finds to be a collective bargaining agreement, if such agreement does not provide that such employee is to be included in the plan. Under regulations to be prescribed by the Sec retary of the Treasury or his delegate, the term "employer" would include a predecessor of an employer. (c) Conforming amendments.--Section 2 (c) of the bill would make conforming amendments to section 404 (a) (2) of the code (relating to deduction for contributions of an employer to employees’ annuity plan), section 405 (a) (1) of the code (relating to qualified bond pur chase plans), and section 805 (d) (1) (C) of the code (relating to definition of pension plan reserves). Paragraphs (1) and (2) of section 2 (c) would extend to employees’ annuity plans and qualified bond purchase plans, respectively, that do not utilize trusts, the requirements that would be imposed upon plans utilizing trusts by subsections (a) (2) and (b) of section 2 of the bill. Paragraph (3) of section 2 (c) would conform the definition of "pension plan reserves" in section 805 (d) to reflect the new requirements described above. (d) Effective' dates.— Section 2 (d) of the bill provides that generally, the amendments proposed to be made by section 2 of the bill are to become effective after the date of enactment of the bill. The amendment proposed to be made to section 401 (d) (3) of the code (relating to eligibility conditions with respect to a plan providing benefits for an owner-employee) by section 2 (b) (2) of the bill is not to apply for a plan year beginning before January 1, 1975, in the case of a trust or contract which is a part of a plan in existence on December 31, 1972. Section 3. Deduction for Retirement Savings. (a) 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 re designating section 219 (containing cross references) as sec tion 220 and by inserting after section 218 a new section 219 which would allow individuals a limited deduction for certain amounts saved for retirement purposes. Section 32 3 (e) (2) of the bill would amend section 62 of the code to provide that the deduction allowed by proposed section 219 is to be taken into account in computing adjusted gross income. Deduction allowed--proposed section 219 (a) Under existing law, an individual (other than a selfemployed individual) is not allowed any deduction for amounts which he saves for retirement purposes. On the Other hand, a participant in a qualified pension, annuity, p profit-sharing, stock bonus or bond purchase 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. - 33 - Proposed section 219 (a) provides that, subject to the limitations imposed by proposed section 219 (b), (c), and (h), an individual (including a self-employed indivi dual) is to be allowed a deduction for amounts paid in cash during his taxable year by him (1) to or under a qualified individual retirement account (as defined in sec. 408 (a) of the code (as proposed to be added by sec. 3 (b) of the bill)) which is exempt from tax under section 501 (a) if the individual established such account, (2) to an exempt employees* trust described in section 401 (a) of the code, for the benefit of the individual, (3) for the purchase of an annuity contract for the individual under a plan which meets the requirements of section 404 (a) (2) of the code (relating to employee annuities), or (4) to or under a qualified bond purchase plan (described in sec. 405 (a) of the code (relating to qualified bond purchase plans)), for his benefit. The requirement that the contribution paid by the individual be for his benefit has the effect of denying the deduction to an individual who contributes to an employees* trust in which he is not a participant. 34 Limitations on deduction— proposed section 219 (b) Paragraph (1) of proposed section 219 (b) provides that the amount allowable as a deduction under proposed section 219 (a) to an individual for any taxable year is not to exceed an amount equal to 20 percent of his earned income paid or accrued for such taxable year, or $1,500, whichever is the lesser. This limitation on the deduc tible amount is to apply to the sum of the amounts paid during such taxable year by such individual to or under all accounts, trusts, and plans described in proposed section 219 (a). The general limitation computed under this paragraph is to be reduced under paragraphs (2) and (3) of proposed section 219 (b). 35 Paragraph (2) of proposed section 219 (b) provides that the amount of the limitation determined under proposed section 219 (b) (1) for any taxable year is to be reduced by the amount (determined under regula tions prescribed by the Secretary of the Treasury or his delegate) of contributions paid on behalf of the individual by his employer (including a sole proprietor or partnership treated as an employer under sec. 401 (c) (4)) for the individual’s taxable year to an exempt employees* trust which qualifies under section 401 (a), for the purchase of an annuity contract under a qualified annuity plan which meets the requirements of section 404 (a) (2) (including a plan described in sec. 805 (d) (1) (C)), to or under a qualified bond purchase plan described in section 405 (a), or for the purchase of an annuity contract described in section 403 (b) of the code (relating to annuities purchased by a sec. 501 (c) (3) organization or by a public school). This reduction is to be made even though the employee’s rights under the plan are forfeitable in whole or in part. Proposed section 219 (b) (2) provides that under regula tions prescribed by the Secretary of the Treasury or his delegate, the amount of any such contributions (other than for the purchase of an annuity contract described in sec tion 403 (b)). paid on behalf of an individual by his em ployer for his taxable year may, at the option of the 36 individual, be considered to be 7 percent of his earned income paid or accrued for such taxable year which is attri butable to the performance of personal services for such employer* This choice is to be available even where it may be readily demonstrated that the actual employer contributions on behalf of the taxpayer exceed 7 percent of such earned income. However, proposed section 219 (b) (2) provides that the option to treat such employer contributions to such a trust or plan as not exceeding 7 percent is not to apply in the case of a contribution on behalf of an owneremployee within the meaning of section 401 (c) ( 5 of the code. Thus, for example, a partner owning more than a 10 percent interest in the partnership would not have the option to treat partnership contributions made on his behalf to or under a plan maintained by the partnership as being equal to 7 percent of his earned income if they exceed that percentage* Paragraph (3) of the proposed section 219 (b) provides that, if an individual has earned income for the taxable year which is not subject to tax under the SelfEmployment Contributions Act of 1954 (chapter 2 of the code), the Federal Insurance Contributions Act (chapter 21 of the-code), or the Railroad Retirement Tax Act * 37 (chapter 22 of the code), the limitation on the deductible amount computed under paragraphs (1) and (2) is to be further reduced by an amount equal to the tax (or, if such individual has some earned income which is subject to any of such taxes, the increase in tax) that would have been imposed upon such income under section 3101 of the code (relating to rate of tax on employees under the Federal Insurance Contributions Act) for such taxable year if such income constituted wages (as defined in sec. 3121 (a) of the code) received by such individual with respect to employment (as defined in sec. 3121 (b) of the code). Paragraph (4) of proposed section 219 (b) provides that no deduction is to be allowed under proposed sec tion 219 for a taxable year with respect to any payment described in section 219 (a) which is made by an indivi dual who has attained the age of 70-1/2 years before the end of such year. The application of proposed section 219 (b) may be illustrated by the following example: Example. A is employed solely by the United States and is a participant in the Civil Service Retirement System. A*s taxable year is the calendar year, and for 1975, his compensation is $10,000 and the amount of his contributions to the Civil Service Retirement System is 38 $700, (it is assumed that the Civil Service Retirement System will be amended to conform to the requirements of the Retirement Benefits Tax Act for 1975. ) The amount allowable as a deduction under proposed section 219 (a) for 1975 is determined in the following manners 1. 2. 3. 4. A*s contributions which may be taken into account under proposed section 219 (a) $700.00 The lesser of 20 percent of A*s earned income (proposed sec. 219 (b)(1)) for 1975 or $1,500 $1,500 Employer contributions to Civil Service Retirement System (7 percent of $10,000 (proposed sec. 219 (b) (2))) $ Tax. that would be imposed for 1975 under section 3101 if compen sation constituted wages (5.85 per cent of $10,000 (proposed sec. 219 (b) (3) reduction)) 700 585 5. Sum of items (3) and (4) 6. Limitation under proposed section 219 (b) (item (2) less item (5)) $215.00 Amount allowable as a deduction .under proposed section 219 (a) (lesser of item (1) or item (6)) $215.00 7. $1,285 Recontributed amounts--proposed section 219 (c) Subsection (c) of proposed section 219 provides that no deduction is to be allowable under proposed sec tion 219 with respect to a contribution described id section 72 (p) (2) (C) (as proposed to be added by sec. 3 (c) (9) of the bill), 402 (a) (6) or (7) - 39 (as proposed to be added by sec, 5 (a) (2) of the bill), or 403 (a) (4) or (5) (as proposed to be added by sec. 5 (b) (2) of the bill). Proposed sections 72 (p) (2) (C), 402 (a) (6) and (7), and 403 (a) (4) and (5), provide "roll-over" rules under which certain distributions received from a qualified individual retirement account or a qualified trust or plan may be contributed within a specified period to another qualified account, trust, or plan and excluded from gross income for the taxable year in which the distribution is received. Thus, taxation of distributions "rolled-over" to another plan, trust, or account would generally be deferred until distributions commenced from the other plan, trust, or account. Proposed section 219 (c) would deny any deduction under proposed section 219 for these "roll-over" contributions. Married individuals--proposed section 219 (d) Subsection (d) of proposed section 219 provides special rules in the case of a married individual. The marital status of an individual is to be determined under the rules provided in section 153 of the code (relating to determination of marital status for purposes of personal exemptions). Proposed section 219 (d) provides that in the case of a married individual, the limitation under proposed section 219 (b) (1) is to be determined without regard to the earned income of his spouse and 40 without regard to contributions described in proposed section 219 (b) (2) paid on behalf of his spouse. For purposes of proposed section 219, the earned income of a married individual is to be determined without regard to community property laws of a State. Thus, for example, an individual could contribute his own earnings to a qualified account even though such earnings would be community property under State law. Earned income defined— proposed section 219 (e) Subsection (e) of proposed section 219 defines the term "earned income" for purposes of proposed section 219 as any income which is earned income within the meaning of section 401 (c) (2) of the code (defining earned income in the* case of a self-employed individual) or of section 911 (b) of the code (defining earned income in the case of a common-law employee). Time contributions deemed made— proposed section 219 (f) Subsection (f) of proposed section 219 provides that for purposes of proposed sections 219 and 408, an individual is to be deemed to have made a payment during the taxable year if the payment is on account of such taxable year and is made no later than the time prescribed by law for filing the return for such taxable year - 41 (including extensions thereof). This rule corresponds to the rule presently provided in section 404 (a) (6) for a contribution by an accrual basis employer to a qualified plan. (Sec. 7 (h) (4) of the bill would amend sec. 404 (a) (6) to extend the rule to cash basis employers.) Regulations— proposed section 219 (g) Subsection (g) of proposed section 219 provides that the Secretary of the Treasury or his delegate is to be authorized to prescribe such forms and regulations as may be necessary to carry out the purposes of proposed sec tion 219 including forms on which employers may be required to furnish needful information to employees. Such forms are to be furnished to employees at such time as the Secretary of the Treasury or his delegate may by regula tions prescribe. Section 6690 (as proposed to be added by sec. 7 (j) of the bill) would prescribe assessable civil penalties for an employer's failure to furnish information to his employees as required under this section. 42 Special limitation for 1973— proposed section 219 (h) Subsection (h) of proposed section 219 provides that for taxable years ending before January 1, 1974, the amount allowable as a deduction under proposed subsection (a) is not to exceed 50 percent of the limitation determined under proposed subsection (b). Thus, for example, if for a taxable year ending in 1973, the limitation under pro posed subsection (b) for an individual is $215 (without regard to proposed sec. 219 (h)), the maximum amount allowable as a deduction under proposed section 219 would be $107.50. 43 (b) Individual retirement accounts.--Sect ion 3 (b) of the bill would amend part I of subchapter D of chapter 1 of the code (relating to pension, etc., plans) by adding a new section 408. Proposed section 408 would provide rules for the establishment and maintainance of qualified individual retirement accounts which individuals could utilize for saving for retirement purposes, and would also provide rules for the taxation of distributions from qualified individual retirement accounts. 44 Requirements for qualification--proposed section 408 (a) Proposed section 408 (a) provides that, if certain requirements are satisfied, a trust created or organized in the United States is to constitute a qualified in dividual retirement account. Proposed section 408 (a) provides that, for purposes of the code, a custodial account, annuity contract, or other similar arrangement is to be treated as a trust constituting a qualified individual retirement account, if otherwise qualified. The requirements for qualification would be required to be set forth in a written governing instrument. It is contemplated that, in an appropriate case, a plan similar to a dividend rein vestment plan of a regulated investment company might constitute a "similar arrangement", even though no certificates are issued, provided there is an appropriate governing instrument for the plan. Paragraph (1) of proposed section 408 (a) provides that an individual retirement account is not to constitute a qualified individual retirement account unless its governing instrument provides that the account is main tained for the purpose of distributing the contributions to such account and the income derived from such contri butions to the individual who established it or his - 45 - beneficiaries. Distributions from the account could be in the form of money or property. The payment of an expense or obligation on behalf of or for the benefit of a beneficiary would be considered a distribution to such beneficiary. Such an account is to be considered to be maintained for the purpose of distributing the contri butions thereto and the income therefrom to the individual who established it or his beneficiaries even though the assets of the account include policies which have life or - 46 - disability insurance features if such features are incidental to the purpose of providing benefits in a manner which satisfies proposed sections 408 (a) (5) and (6). Paragraph (2) of proposed section 408 (a) requires that the governing instrument of a qualified individual retirement account provide that except in the case of a "roll-over" contribution described in section 72 (p) (2) (C) (as proposed to be added by sec. 3 (c) (9) of the bill), section 402 (a) (6) (as proposed to be added by sec. 5 (a) (2) of the bill), or section 403 (a) (4) (as proposed to be added by sec. 5 (b) (2) of the bill), the amount of contributions to such account during any taxable year is not to exceed a specified amount. This specified amount is the excess of the limitation provided by proposed section 219 (b) for such taxable year over the sum of the amounts paid by such individual during such year to a qualified pension, etc., plan for such individual1s benefit, for the purchase of an annuity contract for the individual under a qualified annuity plan, or to or under a qualified bond purchase 47 plan described in section 405 (a), for his benefit. Paragraph (2) of proposed section 408 (a) further requires that such instrument provide that contributions to the account may be made only by the individual who established the account. However, proposed section 408 (b) (2) would permit certain community property of the indivi dual and his spouse to be contributed. Paragraph (3) of proposed section 408 (a) requires that the governing instrument of a qualified individual retirement account provide that the assets of the account may not be commingled with other property except in a common trust fund. This requirement would not prohibit the assets from being held in a custodial account or invested in an annuity contract. Paragraph (4) of proposed section 408 (a) would require that the assets of a qualified individual retire ment account be held by a bank (as defined in sec. 401 (d) (1) of the code) or other person (including the issuer of an annuity contract) who demonstrates to the satisfaction of the Secretary of the Treasury or his delegate that the manner in which he will hold such assets will be consistent with the requirements of proposed section 408. It is contemplated that regulations prescribed under proposed section 408 (a) (4) will provide that neither the transfer nor redemption of such assets may be effected without the consent of the holder of the assets. Paragraph (5) of proposed section 408 (a) requires that the governing instrument of a qualified individual retirement account provide that the entire interest (i.e., the contributions to such account and the income derived from such contributions) of the individual who established such account must be distributed to him if he is then alive not later than the last day of his taxable year in which he attains the age of 70-1/2. Alternatively, the instrument may provide that such interest will 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 individual and his spouse. The Secretary of the Treasury or his delegate would be given authority to prescribe regulations with respect to these alternative methods of distribution. If such individual's entire interest is to be distributed in the form of an annuity contract, the requirements of proposed section 408 (a) (5) would be satisfied if the distribution of such contract is to take place on or before the last day of the taxable year in which such individual attains the age of 70-1/2 -49 and if such interest is to be paid over a period allow able under proposed section 408 (a) (5). Paragraph (5) of proposed section 408 (a) provides the same rule presently provided with respect to self-employed individuals under section 401 (a) (9) of the code. Paragraph (6) of proposed section 408 (a) requires that the governing instrument of a qualified individual retirement account provide that if the individual who established the account dies before his entire interest has been distributed to him, or if distribution has commenced in accordance with the requirements of proposed section 408 (a) (5) to his surviving spouse and such spouse dies before the entire interest has been distributed to such surviving spouse, the entire interest (or the remaining part of such interest if distribution has commenced) will be distributed or applied in a certain manner. The instrument would be required to provide that such entire interest (or such remaining part) will, within 5 years after his death (or the death of his surviving spouse), be distributed, or applied to the purchase of an immediate annuity for his beneficiary or beneficiaries (or the beneficiary or beneficiaries of his surviving spouse) which will be payable for the life of such bene ficiary or beneficiaries (or for a term certain not 50 extending beyond the life expectancy of such beneficiary or beneficiaries) and which will be immediately dis tributed to such beneficiary or beneficiaries. This is the same rule presently provided with respect to selfemployed individuals who are owner-employees under sec tion 401 (d) (7) of the code. If contributions to a qualified individual retire ment account may be used for the purchase of annuity or similar contracts, paragraph (7) of proposed section 408 (a) requires the governing instrument to provide that any refunds of premiums are to be held by the issuer of the contract with respect to which such refund of premiums arises and applied within the current taxable year or the next succeeding taxable year of the account toward the payment of future premiums under such contract or toward the purchase of additional benefits. This is the same rule presently provided with respect to qualified annuity plans under section 404 (a) (2) of the code. Proposed section 408 (a) provides that section 408 (a) (6) (relating to requirement' of distribution in the case of death) is not to apply if distribution of the interest 51 of such individual has commenced and such distribution is for a term certain over a period permitted under proposed paragraph 408 (a) (5) (relating to requirements as to the time of distribution). These are the same rules presently provided under section 401 (d) (7) of the code. Special rules--proposed section 408 (b) Proposed section 408 (b) provides special rules for the application of section 408. Excess contributions--proposed section 408 (b) (1) Proposed section 408 (b) (1) provides that, if all or a portion of the contributions paid by an individual during any taxable year to a qualified individual retire ment account are not deductible under section 219 of the code, as proposed to be added by section 3 (a) of the bill (other than by reason of proposed sec. 219 (c), relating to recontributed amounts), under regulations prescribed by the Secretary of the Treasury or his delegate such contributions or portion thereof are to be treated in the same manner as an excess contribution within the meaning of section 401 (e) (1) of the code. For this purpose, section 401 (e) (2) and (3) of the code (relating 52 to effect of excess contribution and contributions for premiums on annuity, etc., contracts) are to apply as if such individual were an owner-employee. Thus, for example, if a portion of the contributions during any taxable year to such an account is not deductible under proposed section 219 (a) because it exceeds 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 portion (and the net income derived therefrom) is repaid to the taxpayer before the close of the 6-month period beginning on the day on which the Secretary of the Treasury or his delegate sends notice to the person to whom such excess contribution was paid of the amount of such excess contribution. In addition, if such a contribution were determined to have been willfully made, the taxpayer’s interest in all individual retirement accounts is to be distributed to him, and any 53 ¥. individual retirement account maintained by him during his taxable year in which such non-deductible contribution was 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 contri butions to a qualified individual retirement account if, under the governing instrument of the account, such contributions must be applied to pay premiums or other consideration for one or more annuity, endowment, or life, insurance contracts on the life of the indivi dual making any such contribution and if the amount of such contributions does not exceed the average deductible amount under proposed section 219 for the first 3 tax able years preceding the year in which the last such contract was issued. Thus, for example, if an indivi dual who has earned income of $6,000 for each taxable year of a 3-year period purchases through a qualified individual retirement account a life insurance policy on which the annual premium is $1,200 (i.e., 20 per cent of $6,000), he may continue to contribute the amount of the premium annually even though his earned income falls below $6,000. However, amounts which may 54 - be contributed under this exception are to be deductible only to the extent that they do not exceed the limitations of proposed section 219 (b). Community property laws -- proposed section 408 (b) (2) Proposed section 408 (b) (2) provides that pro posed section 408 is to be applied without regard to the community property laws of any State. This pro vision is intended to allow a married individual in a community property State to establish and maintain a qualified individual retirement account even though under such laws contributions to the account or a portion thereof may be community property. Treatment as qualified trust benefiting owner-employee--" proposed section 408 (c) Proposed section 408 (c) provides that, solely for purposes of subchapter F of chapter 1 of the code (relating to exempt organizations) , chapter 44 of sub title D of the code (relating to excise tax on prohibited transactions as proposed to be added by sec. 6 (b) of the bill), 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 55 or all of whom are owner-employees (as defined in sec. 401 (c) (3) of the code), the individual who established such account is to be treated as an owneremployee for whom such contributions and benefits are provided, and the person holding the assets of such account is to be treated as the trustee of such trust. Proposed chapter 44 (relating to excise tax on prohibited transactions) is not to be applied to a Contribution to a qualified individual re tirement account in the case of a contribution to which a "roll-over" provision applies. (For "roll-over" provisions, see sec. 72 (p) (2) (C) of the code (as proposed to be added by sec. 3 (c) (9) of the bill), sec. 402 (a) (6) of the code (as proposed to be added by sec. 5 (a) (2) of the bill), and sec. 403 (a) (4) of the code (as proposed to be added by sec. 5 (b) (2) of the bill).) Thus, the income derived from contributions to a qualified individual retirement 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 excise taxes on prohibited transactions (other than in the case of certain "roll-over" contributions) provided by section 4971 of the code (as proposed to be added by sec. 6 (b) of the bill) are.to apply to a qualified individual 56 retirement account, (A contribution of property pursuant to the "roll-over** provisions is not to constitute a prohibited transaction.) Moreover, the provisions of section 6033 of the code (relating to returns by exempt organizations) and section 6047 of the code (relating to information regarding certain trusts and annuity and bond purchase plans) are also to apply, and the person holding the assets of such an account would be required to file the information returns and other material required under those provisions. Because 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 annuities under qualified plans) are not to apply with respect to the transfer of an interest in a qualified individual retirement account. Further, 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 from exempt employees* trusts), and section 403 (a) (2) of the code (relating to capital gains treatment for certain distributions under qualified annuity plans) are not to apply to any amount distributed or paid 57 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 income tax with respect to any such amount is not to be limited under section 72 (n) of the code (relating to treatment of total distributions). Taxability of beneficiary--proposed section 408 (d) (1) Paragraph (1) of proposed section 408 (d) provides that, except as provided in proposed section 408 (d) (2) and (3) (relating to recontributed amounts and excess contributions, respectively), the amount actually paid, distributed, or.made available to any payee or distributee by a qualified individual retirement account is to be taxable to such person in the year in which actually paid or distributed under section 72 of the code (relating to annuities). Recontributed amounts--proposed section 408 (d) (2) Proposed section 408 (d) (2) provides that amounts paid or distributed by a qualified individual retire ment account, except such amounts distributed pursuant to provisions of the governing instrument meeting the requirements of proposed section 408 (a) (5) (relating to time of distribution), are not to be includible in gross income when so paid or distributed to the extent that such amounts are not subject to the tax imposed 58 by section 72 (p) (3) (relating to the penalty on pre mature distributions (as proposed to be added by sec, 3 (c) (9) of the bill)) by reason of the application of section 72 (p) (2) (C) (relating to a "roll-overH from a qualified individual retirement account to another such account). Thus, if an individual who established a qualified individual retirement account desires to change the funding medium or trustee and such change requires a "roll-over", the "roll-over" is not to be a taxable event if certain requirements are satisfied (see discussion under section 5 of the bill). Applicability of section 72 (m)— proposed section 408 (d) (3) Proposed section 408 (d) (3) provides that, under regulations prescribed by the Secretary of the Treasury or his delegate, an individual who establishes a qualified individual retirement account is to be treated as an owner-employee (as defined in sec. 401 (c) (3) of the code) for purposes of applying the provisions of paragraphs (2) and (4) of section 72 (m) of the code (relating to the computation of consideration paid by the employee and amounts constructively received). Thus, notwithstanding section 72 (m) (6) of the code (defining "owner-employee" for purposes of sec. 72 (m)), an individual who establishes a qualified individual retirement account is to be treated as an owner-employee for purposes of paragraphs (2) and (4) of section 72 (m) of the code. 59 For purposes of computing an individual’s or employee’s investment in the contract, amounts allowed as a deduction under section 219 (a) (as proposed to be added by sec, 3 (a) of the bill) and any portion of the premiums or other consideration for the contract which is properly 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 219 (a), and any income of such account, which is applied to purchase the life insurance pro tection under any retirement income, endowment, or other life insurance contract is includible in the gross in come of the individual who established such account for the year in which so applied. This would be accomplished by amending section 72 (m) (2) and 72 (m) (3) (B) and by adding section 408 (d) (3) of the code (by sec. 3 (c) (2), (3), (4), (5), and (6) of the bill). This is the same treatment provided under present law in certain situations by sections 72 (m) (2) and (3) (B) of the code. - 60 - 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 from such account for his taxable year in which such assign ment, pledge, or agreement occurs. This is the same treatment provided under present law by section 72 (m) (4) (A) of the code for owner-employees. This treatment would be extended to an individual who establishes a qualified individual retirement account under section 72 (m) (4) (A) (as proposed to be amended by sec. 3 (c) (7) of the bill) and proposed section 408 (d) (3). If the assets of a qualified individual retirement account include a life insurance contract, and the individual who established such account receives, directly or indirectly, any amount from the issuer of such contract - - m - 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. This is the same treatment provided under present law by section 72 (m) (4) (B) of the code for owner-employees. This treatment would be extended to an individual who establishes a qualified individual retirement account under proposed section 72 (m) (4) (B) (as proposed to be amended by sec. 3 (c) (8)) and proposed section 408 (d) (3). Treatment of nonexempt account— proposed section 408 (e) Proposed section 408 (e) provides that if, for the preceding taxable year of a trust, custodial account, annuity contract, or other similar arrangement, such trust or arrangement was a qualified individual retirement account and was exempt from tax under section 501 (a), and if for the taxable year such trust or arrangement is not exempt from tax under section 501 (a), then the fair market value of the contract or the property held under the trust or arrangement at the beginning of the taxable year, reduced by contributions which were not deductible under proposed section 219 (other than "roll over" contributions which were not deductible by reason - 62 of proposed sec. 219 (c)), is-to be included in the gross income of the individual who established the trust or arrangement (or his beneficiary) as if such trust’s or arrangement’s assets had been distributed to him on the first day of the trust’s or arrangement’s taxable year. Thus, for example, if A ’s account which is exeppt from taxation under section 501 (a) in its taxable year beginning in 1980 were to lose its exemption in 1981 because of a transfer from the account to a person not described in proposed section 408 (a) (4), the fair market value of the account would be includible in A ’s ^981 gross income to the extent provided by proposed section 408 (e). Special rule--proposed section 408 (f) Proposed section 408 (f) provides that solely for pur poses of determining whether section 72 (p) (2) (G) (as proposed to be added to the code by section 3 (c) (9) of the bill) applies to a contribution under proposed section 408 (a) (2) (relating to ”roll-overs”) or to an amount paid or distributed under proposed section 408 (d) (2) (relating to ”roll-overs”), the requirement of proposed section 72 (p) (1) that the amount paid or dis tributed be received before age 59-1/2 is not to apply. Thus, a ’’roll-over” could be made from a qualified individual retirement account to another such account by an individual who is older than age 59-1/2. Cross references --proposed section 408 (g) Proposed section 408 (g) provides appropriate cross references. (c) Treatment of distributions from qualified individual retirement accounts*— Section 3 (c) of the bill would amend section 72 of the code (relating to annuities) to revise the rules relating to amounts received before the annuity starting date by an owner-employee and to provide rules for the taxation of distributions from qualified individual requirement accounts. Paragraph (1) of section 3 (c) of the bill would repeal section 72 (m) (1) of the code (relating to certain amounts received before annuity starting date)• Under present law, amounts received under a qualified plan, before the annuity starting date, which are not received as an annuity, are included in the recipient*s gross income for the taxable year in which received to the extent that such amounts, plus all amounts -64- previously received and includible in gross income, do not exceed the aggregate premiums or other consideration paid for the contract while the employee was an owneremployee which were allowed as deductions under sec tion 404 of the code. Under this rule, tax-deferred amounts are deemed paid before previously taxed amounts are distributed. On the other hand, amounts received before the annuity starting date by an employee who is not an owner-employee are not includible in gross income under section 72 (e) of the code to the extent such amounts do not exceed the employee’s investment in the contract. Under this rule, previously taxed amounts are deemed distributed before tax-deferred amounts. The effect of the proposed repeal of section 72 (m) (1) would be to extend the rules of section 72 (e) to an owneremployee (and an individual who establishes a qualified individual retirement account described in proposed sec. 408 (a)). Further, section 7 (e) of the bill would amend sec tion 401 (d) (4) (B) of the code (relating to additional requirements for qualification of trusts and plans benefit ing owner-employees) to permit distributions of an owneremployee’s nondeductible contributions from a qualified plan before such owner-employee has attained the age of 59-1/2 years. Thus, the rules relating to amounts received before the annuity starting date would be uniformly applied. However, certain special rules relating to certain pre mature distributions would continue to apply with respect to owner-employees (sec. 72 (m) (5) of the code) and, as detailed below, would also apply with respect to an individual who establishes a qualified individual retire ment account (proposed sec. 72 (p) (as proposed to be added by sec. 3 (c) (9) of the bill)). Paragraph (2) of section 3 (c) of the bill would revise the rules, under section 72 (m) (2), relating to the computation of consideration paid by the employee, to treat any amount allowed as a deduction under sec tion 219 of the code (as proposed to be added by sec. 3 (a) of the bill) as consideration contributed by the employer. Paragraphs (3), (4), (5), and (6) of section 3 (c) of the bill would amend section 72 (m) (3) of the code (relating to life insurance contracts) to provide that amounts applied to purchase life insurance protection by a qualified individual retirement account are includible in gross income of the individual who established it 66 for the taxable year when so applied. Upon the death of such individual, an amount equal to the cash surrender value of such contract immediately before his death is to be treated as distributed by such account and the excess of the amount payable by reason of such individuals death over such cash surrender value is to be treated in the manner provided in section 101 of the code (relating to certain death benefits). Paragraphs (7) and (8) of section 3 (c) of the bill would amend section 72 (m) (4) of the code (relating to amounts constructively received) so that the assignment or pledge of an interest in a qualified individual re tirement account, or a loan under a contract purchased by such an account, would be treated in the same manner as if a qualified pension, etc., trust or a qualified annuity plan were involved. Paragraph (9) of section 3 (c) of the bill would redesignate section 72 (p) of the code (relating to cross references) as section 72 (q) and add a new section 72 (p). Taxation of premature distributions--proposed section 72 (p) Paragraph (1) of proposed section 72 (p) provides that proposed section 72 (p) is to apply to amounts paid or distributed (i) by a qualified individual retire ment account or (ii) by an exempt qualified trust (de scribed in sec. 401 (a) of the code) or under a qualified annuity plan (described in sec. 403 (a) of the code), but only to the extent that such amount is attributable, as determined under regulations to be prescribed by the Secretary of the Treasury or his delegate, to amounts with respect to which a deduction was allowed under proposed section 219 (a). Proposed section 72 (p) is to apply only to amounts which are includible in the gross income of the distributee or 68 payee and which are received before the individual who was allowed such deduction attains the age of 59-1/2 years. Paragraph (2) of proposed section 72 (p) provides three limitations which, if met, will cause the penalty (which would otherwise be imposed by proposed sec. 72 (p) (3)) not to apply to the amounts described in proposed section 72 (p) (1). The first limitation excludes payments or distributions made to such individual on account of his becoming disabled within the meaning of section 72 (m)(7) of the code. For this purpose, amounts paid or distribute'd 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 are to be treated as disability payments. The second limitation excludes any amount includible in gross income under section 72 (m) (3) (B) of the code (relating to amounts applied to purchase life insurance protection). The third limitation excludes any amount paid or distri buted by a qualified individual retirement account to the individual who established such account, if within 60 days after receipt, such amount is contributed in full (less any nontaxable portion) to another qualified individual retirement account established by such individual. - 69 The third limitation is not to be applicable for a taxable year if during the three-year period ending on the date such amount is received, the individual pre viously received an amount from any qualified individual retirement account established by him to which the penalty tax imposed by proposed section 72 (p) (3) did not apply because of proposed section 72 (p)(2) (C) (the third limitation). The same property received in a payment or distribution must be contributed for the third limitation to be applicable. If, for example, a distribution to A described in proposed section 72 (p) (1) consists of 500 shares of X Corporation stock and if a stock split occurs before the shares are contributed so that A receives 1.000 shares in exchange for the 500 shares, the same 1.000 shares of X Corporation stock would be required to be contributed for the third limitation to apply. The Secretary of the Treasury or his delegate is to prescribe regulations to carry out the purposes of proposed section 72 (p) (2). - Paragraph (3) 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. 70 The only credits by which the tax imposed by proposed section 72 (p) (3) may be reduced are the credits allowed by section 31 of the code (relating to tax withheld on wages), section 39 of the code (relating to certain uses of gasoline and lubricating oil) and section 42 of the code (relating to overpayments of tax). In addition, such tax is not to be treated as a tax imposed by chapter 1 of the code (relating to normal taxes and surtaxes) for purposes of section 56 of the code (relating to imposition of minimum tax for tax preferences)• (d) tion 3 (d) Excise tax on excessive accumulations.— Sec of the bill would amend subtitle D of the code (relating to miscellaneous excise taxes) by adding a new chapter 43, containing section 4960. Section 4960 would impose an excise tax on the privilege of main taining an individual retirement account in which ex cessive amounts are accumulated. Proposed section 4960 Proposed section 4960 would provide that there is im posed for each taxable year on the assets of a qualified individual retirement account described in section 408 (a) of the code (as proposed to be added by sec. 3 (b) of the bill) which is exempt from tax under section 501 (a) of the code a tax equal to 10 percent of an amount which bears the same ratio to the fair market value of the total assets in such account at the beginning of the account’s taxable year as the minimum amount required to be distributed during such year under section 408 (a) (5) or (6) of the code (as proposed to be added by section 3 (b) of the bill), whichever applies, reduced (but not below zero) by the total amount actually distributed during such year by the account to the individual who established such account or his beneficiary bears to the minimum amount required to be distributed during such year under section 408 (a) (5) or (6) (whichever applies). The tax imposed by proposed section 4960 is to apply only for taxable years beginning after the taxable year in which the individual who established such account attains the age of 70-1/2 years. For purposes of proposed section 4960, the minimum amount required to be distributed during a year under proposed section 408 (a) (5) or (6) is to be determined under regulations prescribed by the Secretary of the Treasury or his delegate. (e) Conforming amendments.--Section 3 (e) of the bill would make conforming amendments to section 37 (c) (1) (defining retirement income), section 62 (defining ad justed gross income), section 72 (n) (4) (B) (relating to special rule for employees without regard to section 401 (c) (1)), section 405 (d) (relating to taxability of beneficiary of qualified bond purchase plan), section 801 (g) (7) (relating to basis of assets held by life insurance company for qualified pension plan contract), section 805 (d) (1) (defining pension plan reserves of life insurance company), section 1302 (a) (2) (A) (defining 72 averagable income), and section 1348 (b) (1) (defining earned income). (f) Clerical amendments.-"Section 3 (f) of the bill would make clerical amendments to the table of sections for part VII of subchapter B of chapter 1 of the code, to the table of sections for part I of subchapter D of chapter 1 of the code, and to the table of chapters for subtitle D of the code. (g) Effective date.-“Section 3 (g) of the bill provides that the amendments made by section 3 of the bill 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 Shareholders-Employées ot Electing--Small Business Corporations. a (a) Contributions on behalf of self-employed individualSo— (1) 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. Section 404 (e) (1) of the code provides that, in the case of a qualified pension, annuity, or profitsharing 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 (i0e., self-employed individuals), the amounts deductible under section 404 (a) of the code in any taxable year with respect to contributions on behalf of any such employee shall, 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 him from the trade or business with respect to which the plan is established, whichever is the lesser. 74 Section 404 (e) (2) (A) of the code 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 within the meaning *of section 401 (c) (1) of the code with respect to such planso In such a case, the amounts deductible may not 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. Section 4 (a) (1) of the bill would revise sec tion 404 (e) by increasing the limitations from $2,500 or’10 percent of earned income to $7,500 or 15 percent of earned income. (2) Excess contributions on behalf of owner-employees. Section 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) of the code as proposed to be amended by section 4 (a) (1) of the bill. Subparagraphs (A) and (B) of section 4 (a) (2) would increase the limitations under section 401 (e) (1) (B) on the amount that an owner-employee may contribute as an employee (i.e., on a nondeductible basis). Sub- paragraph (C) of section 4 (a) (2) would increase the limitation under section 401 (e) (3) on the total amount which may be contributed to two or more plans requiring premiums for certain contracts without regard to the general limitations provided by section 401 (e) (1). 75 Contributions made as an employee -section 401 (e)(1) (B) (iiij and Civ; Section 401 (e) (1) (B) (iii) of the code provides that the term "excess contribution" includes, with respect to a plan under which contributions are made on behalf of employees other than 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. Sec tion 401 (e) (1) (B) (iv) of the code 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 owner-employee (as an employee) under all such plans, which exceeds $2,500. Section 4 (a) (2) (A) of the bill would amend sec tion 401 (e) (1) (B) (iii) to increase the limitation on contributions made by an owner-employee (as an employee) to the lesser of $7,500 or 10 percent of earned income. Section 4 (a) (2) (B) of the bill would amend section 401 m (i) (b > (iv) to increase the limitation on contributions made by an owner-employee (as an employee) to more than one plan to $7,500. 76 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 (1) under the plan such contribution is required to be applied to pay pre miums or other consideration for one or more annuity, endowment, or life insurance contracts on the life of such owner-employee, (2) the amount of such contribution exceeds the amount deductible under section 404 with respect to contributions made by the employer on behalf of such owner-employee, and (3) 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 the year in which the last such contract was issued and in which such owner-employee derived earned income from the trade or business with respect to which the plan is established or for so many of such taxable years as such owner-employee was engaged in such trade or business and derived earned income« This exception does not apply in the case of an individual on whose behalf contributions (required to be applied to pay premiums or other consideration for 77 one or more annuity, endowment, or life insurance contracts on the life of such owner-employee) 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) (C) would amend the second sentence of section 401 (e) (3) to increase this limitation to $7,500. (3) Penalties applicable to certain amounts received by owner-employees.--Section 4 (a) (3) of the bill would amend section 72 (m) (5) (B) (i) of the code to increase from $2,500 to $7,500 the amounts described in section 72 (m) (5) (A) of the code which must be received in any year before the penalty imposed by section 72 (m) (5) (B) of the code would apply. Under present law, amounts described in section 72 (m) (5) (A) of the code are subject to the penalty imposed by section 72 (m) (5) (B) if such amounts are $2,500 or more and are subject to the penalty imposed by section 72 0*0 (5) (c) if such amounts are under $2,500. The amounts described in section 72 (m) (5) (A) of the code consist, generally, of amounts received by an individual who is or has been an owner-employee before he attains the age of 59-1/2 (for any reason other than his becoming disabled), the amounts received by an owner-employee or by his successor in excess of the benefits provided for him under the plan formula, the amounts received by reason of a willfully made excess contribution. Under this proposal, if such amounts are $7,500 or more, the penalty provided 78 by section 72 (m) (5) (B) would apply, and if they do not equal or exceed $7,500, the penalty imposed by sec tion 72 (m) (5) (C) of the code would apply. (b) Contributions on behalf of shareholder-employees of electing small business corporations.--Section 4 (b) of the bill would amend section 1379 (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-employee (an employee or officer who owns (or is considered as owning within the meaning of section 318 (a) (1) of the code) more than 5 percent of the outstanding stock of the corporation) which may be excluded from his gross income. Section 1379 (b) (1) provides that the excess of such contributions for any taxable year of the corporation over the lesser of (i) 10 percent of the com pensation 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«. Section 4 (b) of the bill would increase the amount which may be excluded by a shareholderemployee to the lesser of 15 percent of compensation or $7,500. (c) Effective date0 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. / 80 - Section 5« Limitation on Application of Section 402 (a) and 403 (a), in the Case of Certain Contributions. (a) Amendment of section 402.— Section 402 (a) of the code provides that, in general, distributions from any employees1 trust described in section 401 (a) which is exempt from tax under section 501 (a) are tax able under section 72 (relating to annuities). Section 402 (a) (2), however, provides for capital gains treat ment for certain lump-sum distributions. In the case of a lump-sum distribution paid after December 31, 1969, section 402 (a) (5) limits the amount of such distribu tion that is subject to capital gains treatment. Section 5 (a) of the bill would amend section 402 (a) of the code (relating to the taxability of a beneficiary of an exempt trust) by adding new paragraphs (6) and (7) which would limit the application of section 402 (a). Section 5 (a) of the bill also would make a conforming change to section 402 (a) (1) of the code to reflect proposed sections 402 (a) (6) and (7). Under proposed sections 402 (a) (6) and (7), a total distribution received from a trust forming a part of a qualified pension, etc., plan may be excluded from gross income if it is contributed by an employee within a specified period to a qualified individual retirement account, another qualified trust or a qualified annuity plan. These provisions would, therefore, allow a tax-free reinvestment, or "roll-over", of a distribution. Taxation of amounts "rolled-over" would generally be deferred until the time such amounts are distributed by the individual retirement account, trust, or plan to which they were paid. Proposed section 402 (a) (6) Proposed section 402 (a) (6) would limit the applica tion of section 402 (a) by providing that in the case of an employees* trust described in section 401 (a), which is exempt from tax under section 501 (a), if the total distributions payable with respect to any employee are paid to him within one taxable year of the employee on account of his separation from the service other than by reason of his death, such distribution not to be includible in gross income in such taxable year if, not later than the 60th day after the close of the taxable year, he contributes the entire amount otherwise includible in his gross income to one or more qualified individual retirement accounts described in section 408 (a). Proposed section 402 (a) (6) is not to apply unless the same property received in the total distribution is contributed to the individual retirement account. Secretary of the Treasury or his delegate would be authorized to prescribe regulations to carry out the purposes of paragraph (6). The 82 Proposed section 402 (a) (7) Proposed section 402 (a)‘ (7) (A) would limit the application of section 402 (a) by providing that in the case of an employees* trust described in section 401 (a), which is exempt from tax under section 501 (a), if the total distributions payable with respect to any employee are paid to him within one taxable year of the employee on account of his separation from the service other than by reason of his death, such distribution is not to be includible in gross income in such taxable year if, not later than the 60th day after the close of such taxable year, he contributes the entire amount otherwise includible in his gross income to another employees* trust described in section 401 (a), which is exempt from tax under sec tion 501 (a), or contributes such amount for the purchase of retirement annuities under an annuity plan which meets the requirements of section 404 (a) (2), if less than the entire amount is contributed, section 402 (a) (7) (A) will not apply and the entire amount (including both the portion retained and the portion contributed) will be includible in gross income. Proposed section 402 (a) (7) (B) provides that proposed subparagraph (7) (A) is not to apply to a distribution paid to any distributee to the extent such distribution is attributable.to contributions made by or on behalf of a / b - 83 self-employed person. Thus, a self-employed individual could rr>t "roll-over" a lump-sum distribution^ from an H.R. 10 plan to another H.R. 10 plan or to a corporate plan. Proposed section 402 (a) (7) (B) also provides that proposed paragraph (7) is not to apply unless the same property received in the total distribution is contributed to the qualified plan. It is anticipated that regulations under proposed section 402 (a) (7) (B) would provide rules for determining how much property must be contributed where a distribution of property is made and less than the entire amount of the distribution is includible in gross income. Proposed section 402 (a) (7) (C) provides that a contribution made pursuant to proposed section 402 (a) (7) (A) is generally to be treated as an employer contribution made on the date contributed. Thus, to the extent of a contribution made pursuant to proposed section 402 (a) (7) (A), a later lump-sum distribution under the qualified plan to which such contribution was made would not be eligible for capital gains treatment under section 402 (a) (2) because it would be treated as an employer contribution for purposes of section 402 (a) (5) (relating to limitation on capital gains treatment). Furthermore, in the case of an employee-bontributory plan, this treatment would affect the computation of the estate tax exclusion under section 2039 (c) and the gift tax exclusion under section 2517 (b). 84 In addition, the recipient plan would not be required to maintain records as to contributions made by employers to the previous plan. Proposed section 402 (a) (7) (C) also provides that a contribution made pursuant to proposed section 402 (a) (7) (A) is to be treated as an employee contribution under HI certain code sections. Thus, the employer's limit on deductible contributions either to a qualified in dividual retirement account or to a qualified plan is not to be thereby reduced under section 219 (b) (2), as proposed to be added by section 3 (a) of the bill. Further, under section 401 (a) (12), as proposed to be added by section 2 (a) (2) of the bill, the employee's rights in his accrued benefit derived from the amount contributed by him pursuant to proposed section 402 (a) (7) (A) are to be nonforfeitable (except in the case of death if so provided by the plan). Also, with respect to a contribution made pursuant to proposed section 402 (a) (7) (A), no amount would be deductible under section 404 of the code nor includible in gross income under either section 409 (a), as proposed to be added by section 7 (i) of the bill (relating to inclusion of certain employer contributions in gross income) or section 1379 (b) of the code (relating to inclusion in gross income of excess contri butions made on behalf of a shareholder-employee of an electing small business corporation). 85 Proposed section 402 (a) (7) (D) would provide authority for the Secretary or his delegate to issue regulations to carry out the' purposes of paragraph (7). (b) Amendment of section 403,— Section 5 (b) of the bill would make amendments to section 403 (a) of the code (relating to taxability of a beneficiary under a qualified annuity plan) which correspond to the amend ments which would be made by section 5 (a) of the bill to section 402 (a) of the code (relating to taxability of a beneficiary of an exempt trust). 86 (c) Effective date«--Section 5 (c) of the bill provides that the amendments proposed to be made by section 5 of the bill are to apply to taxable years ending after the date of enactment of the bill. Section 6♦ (a) Prohibited Transactions« Requirements for exemption from taxation for a trust,forming part of a qualified plan,--Section 503 of the code provides that a trust forming a part of a qualified pension,profit-sharing, or stock bonus plan will be denied exemption from taxation if such trust engages in certain prohibited transactions. Generally, under section 503 (b) of the code, a prohibited transaction is a transaction, between the trust and the employer who established or maintains the plan of which the trust is a part,or a related person, in which the trust (1) makes a loan without adequate security or a reasonable rate of interest, (2) pays more than a reasonable amount of compensation, (3) makes services available on a preferential basis, (4) makes a substantial purchase or property for more than an adequate consideration, (5) sells a substantial part of its property for less than an adéquate consideration, or (6) engages in any other transaction which results in a substantial diversion of - 871its assets. In the case of a qualified trust which is part of a plan providing contributions or benefits for owner-employees who control the trade or business (i.e., a sole proprietor; or partners who own more than 50 percent of the capital or income interest of a partnership) with respect to which the plan is established, certain other transactions are treated as prohibited transactions under section 503 (g) of the code. Under this provision, a transaction in which the trust makes any loan, pays any compensation, makes services available on a preferential basis, or sells any property to such owner-employees or certain related persons is also a prohibited transaction. Further, the purchase of any property from such owneremployees or persons is a prohibited transaction under section 503 (g). 88 In the event of the commission of a prohibited trans action, certain special tax benefits provided under the code are denied to the trust, the employer and the employee because the plan is thereafter disqualified and is no longer exempt from taxation. Thus, the trust is taxed on income earned on its assets, the employer may deduct contributions to the trust under section 404 (a) (5) of the code only in the taxable year in which an amount attri butable to the contribution is includible in the gross income of employees participating in the plan and, under sections 402 (b), 403 (c), and 83 of the code, the employee is taxed on any contributions made on his behalf for his first taxable year in which his rights are not subject to a substantial risk of forfeiture. Furthermore, any distributions received by the employee will not be eligible for the special averaging treatment or capital gains treatment accorded total distributions from qualified plans. Thus, under present law, persons who gained no benefit from a prohibited transaction may suffer adverse tax consequences because of it. Section 6 (a) of the bill, in order to eliminate adverse consequences to innocent parties, would amend section 503 of the code so that a trust forming part of a qualified plan will not be denied exemption from taxation if the trust engages in a prohibited transaction. (b) Excise taxes on prohibited transactions.— Section 6 (b) of the bill would amend subtitle D of the code (relating to miscellaneous excise taxes) by adding | 89 thereto a new chapter 44 and a new section 4971. Proposed section 4971 would impose an excise tax on the amount involved in a prohibited transaction. Proposed section 4971 is similar to the self-dealing tax imposed by section 4941 of the code with respect to private foundations. Thus, under the bill, sanctions would be applied only against persons participating in a prohibited transaction rather than against plan participants and others who may in fact have been injured by the prohibited transaction. The sanctions would not depend on whether or not the trust benefits self-employed individuals who are owner-employees. Proposed section 4971 (a) Proposed section 4971 (a) imposes for each year (or part thereof) in the taxable period (as defined in proposed section 4971 (e) (2)) an excise tax equal to 5 percent of the amount involved (as defined in proposed section 4971 (e) (3)) in a prohibited transaction (as defined in proposed section 4971 (d)). The tax imposed by proposed section 4971 (a) would be payable by any party in interest (as defined in proposed sec. 4971 (e) (1)) who participates in the prohibited transaction. Proposed section 4971 (b) Proposed section 4971 (b) imposes an excise tax / equal to 200 percent of the amount involved in a pro hibited transaction if a tax is imposed under proposed 90 section 4971 (a) and the transaction is not corrected within the correction period;(as defined in proposed sec. 4971 (e) (5)). The tax imposed by proposed section 4971 (b) would be payable by any party in interest who participated in the prohibited transaction. Proposed section 4971 (c) Proposed section 4971 (c) provides that, if more than one person is liable for a tax imposed by proposed section 4971 (a) or (b), with respect to any one prohibited transaction^all such persons would be jointly and severally liable for such tax. Proposed section 4971 (d) Proposed section 4971 (d) defines a prohibited transaction as an act which is (1) described in sec tion 14 (b) (2) of the Welfare and Pension Plans Dis closure Act of 1958, and not excepted from the pro hibitions of that provision by section 14 (c) of such Act, and which is (2) committed by a fiduciary (as defined in proposed sec. 4971 (e) (6)) for a trust described in section 401 (a) or 408 (a) which is exempt from tax under section 501 (a). Under section 14 (b) (2) of the Welfare and Pension Plans Disclosure; Act of 1958, as proposed to be amended by the Employee Benefits Protection Act (S. 1557, 93rd Cong,), a fiduciary would be prohibited from engaging in certain specified acts. Unless excepted, the fiduciary would generally be pro hibited from (1) leasing or selling property to or from a party in interest, (2) acting adversely to the fund, its participants or beneficiaries, (3) receiving compensation from a party dealing with the fund, (4) lending money or other assets of the fund to a party in interest, (5) furnishing goods, services or facilities to a party in interest, or (6) transferring any property of the fund to, or for the use of, any party in interest. Section 14 (c) of the Welfare and Pension Plans Disclosure Act of 1958, as proposed to be amended by the Employee Benefits Protection Act, (S. 1557, 93rd Cong.), would expressly allow a fiduciary to engage in certain transactions. Generally, these excepted transactions would permit a fiduciary (1) to receive benefits to which he is en titled as a participant or beneficiary and to receive reason able compensation for services rendered to the fund (with certain exceptions), (2) under certain conditions, to invest in employer securities aggregating no more than 10 percent of fund assets (except that such limit would not apply in the case of a profit-sharing, stock bonus, thrift or savings plan if the plan explicitly provided for the investment in employer securities), (3) to purchase or sell securities listed on a regulated -92exchange from or to a party in interest, (4) to make loans to plan participants or beneficiaries if such loans are made on a non-discriminatory basis, and (5) to take action pursuant to an authorization in the trust instrument or other document governing the fund, provided such action is consistent with the provisions of sec tion 14 (b) of the Welfare and Pension Plans Disclosure Act of 1958. Thus, the proposed definition of a prohibited transaction would be broader than the de finition contained in section 503 (b) qr (g) of the code. Further, with respect to qualified trusts, the proposed definition of a prohibited transaction would be uniform for purposes of the internal revenue laws administered by the Treasury Department and the proposed fiduciary standards to be administered by the Department of Labor. Proposed section 4971 (e) (1) Proposed section 4971 (e) (1) defines the term "party in interest" as a person described in sec tion 3 (m) of the Welfare and Pension Plans Disclosure Act of 1958. Under section 3 (m) of such Act as proposed to b e .amended by the Employee Benefits Protection Act (S.1557, 93rd Cong.), a party in interest would be de fined as any administrator, officer, trustee, custodian, counsel, or employee of an employee benefit plan, or a person providing benefit plan services to any such plan; 93 an employer any of whose employees are covered by such a plan or any person controlling, controlled by, or under common control with, such employer, or an officer, employee, or agent of such employer or j person; an employee organization having members covered by the plan, or an officer, employee, or agent of such employee organization; or a relative, partner or joint venturer of any of the described persons. Proposed section 4971 (e) (2) Proposed section 4971 (e) (2) defines the term "taxable period" as the period beginning with' the date on which the prohibited transaction occurs and ending on the earlier of the date of mailing of a notice of deficiency pursuant to section 6212 with respect to the tax to be imposed by this proposed section or the date on which correction of the prohibited transaction is completed. Proposed section 4971 (e) (3) Proposed section 4971 (e) (3) defines the term "amount involved" as the greater of the amount of money and the fair market value of the other property given in a prohibited transaction or the amount of money and the fair market value of the other property received in a prohibited transaction. In the case of the tax 94 which would be imposed by proposed section 4971 (a), the fair market value of property would be determined as of the date on which the prohibited transaction occurs. In the case of the tax which would be imposed by proposed sec tion 4971 (b), the fair market value of property would be the highest fair market value during the correction period. If no amount is involved in a prohibited transaction, no tax woul^d. be imposed under proposed section 4971 (a). Proposed section 4971 (e) (4) Proposed section 4971 (e) (4) defines the terms ’’correction" and "correct" as undoing a prohibited transaction to the extent possible, but in any case placing the trust in a financial position not worse than that in which it would be if the prohibited transaction had not occurred. Proposed section 4971 (e) (5) Proposed section 4971 (e) (5) defines the term "correction period" as the period beginning with the date on which a prohibited transaction occurs and ending 90 days after the date of mailing of a notice of deficiency with respect to the tax to be imposed under proposed section 4971 (b), extended by any period in which a deficiency cannot be assessed under sec tion 6213 (a)*and any other period which the Secretary of the Treasury or his delegate determines to be reasonable and necessary to bring about correction of the prohibited transaction. Proposed section 4971 (e) (6) Proposed section 4971 (e) (6) would define the term "fiduciary" as including a person described in section 3 (w) of the Welfare and Pension Plans Dis closure Act of 1958, as proposed to be amended by the Employee Benefits Protection Act (S. 1557, 93rd Cong.), or in section 7701 (a) (6) of the code. Section 3 (w) of the Welfare and Pension Plans Disclosure Act of 1958, would define "fiduciary" as meaning any person who exercises any power of control, management or disposition with respect to any moneys or other property of an employee benefit fund, or has authority or responsibility to do so. Proposed section 4971 (f) Proposed section 4971 (f) provides that the Secretary of the Treasury or his delegate is to prescribe such regulations as would be necessary to carry out the provisions of the proposed section. (c) Conforming, clerical, etc., amendments. Section 6 (c) of the bill would make a clerical amendment to the table of chapters for subtitle D of 96 the code (relating to miscellaneous excise taxes) to reflect proposed chapter 44, and would make conforming amend ments to section 6161 (relating to extension of time for paying tax), section 6201 (d) (relating to assessment authority), section 6211 (relating to definition of a deficiency), section 6212 (relating to notice of a deficiency), section 6213 (relating to restrictions applicable to deficiencies and petition to Tax Court), section 6214 (relating to determinations by Tax Court), section 6344 (relating to cross references), sec tion 6501 (e) (3) (relating to limitations on assess ment and collection), section 6503 (relating to suspension of running of period of limitations), section 6512 (relating to limitations in case of petition to Tax Court), section 6601 (d) (relating to interest on underpayment, nonpayment, or extensions of time for payment of tax), section 6653 (c) (relating to failure to pay tax), section 6659 (b) (relating to applicable rules), section 6676 (b) (relating to failure to supply identifying numbers), section 6677 (b) (relating to failure to file information returns with respect to certain foreign trusts), section 6679 (b) (relating to failure to file returns as to organization or reorganization of foreign corporations and as to acquisition of their stock) and section 7422 (g) (relating to civil actions for refunds). ""¡I (d) Effective date»— Section 6 (d) of the bill provides that the amendments proposed to be made by section 6 of the bill are to be effective on and after the day after the date of enactment of the bill. Section 7. (a) Miscellaneous Provisions. Penalties applicable to forfeitures received by owner-employees. Section 72 (m) (5) (A) (i) of the code currently describes amounts to which the penalty imposed by section 72 (m) (5) (B) or (C) of the code is applicable. Generally, section 72 (m) (5) applies to amounts received by an owner-employee before he attains the age of 59-1/2 years for any reason other than his becoming disabled. Section 72 (m) applies only to the extent attributable to contributions made on his behalf while he was an owner-employee. Section 7 (a) of the bill would amend section 72 (m) (5) (A) (i) by adding to the amounts described therein, premature distributions attributable to forfeitures credited to an individual’s account or applied for his benefit, while he was an owneremployee. Thus, for this purpose, forfeitures would be treated in the same manner as employer contributions. Forfeitures may arise, although only from other selfemployed individuals, as a result of the application of the proposed."rule, of 35M vesting standard under sec tion 401 (d) (2) (A) of the code, as proposed to be amended by section 2 (b) (1) of the bill. 98 (b) Coverage and nondiscrimination requirements.— Section 401 (a) (3) of the code provides two alternative tests as to the number of employees who must be covered by a plan (other than a plan benefiting an owner-employee) if a trust forming part of the plan is to qualify under the code. Section 401 (a) (3) (A) of the code requires that the plan benefit 70 percent or more of all-employees, or 80 percent or more of all eligible employees if at least 70 percent of all employees are eligible. In making this computation, certain short service, part-time and seasonal employees may be excluded. Section 401 (a) (3) (B) of the code requires that the plan benefit such employees as qualify under a classification which is not discriminatory in favor of officers, shareholders, supervisory employees, or highly compensated employees. Section 7 (b) (1) of the bill would amend section 401 (a) (3) (A) to provide that, for purposes of satisfying the percentage coverage requirement, employees who are included in a unit of employees covered by an agreement which the Secretary of the Treasury or his delegate finds to be a collective bargaining agreement are to be excluded, unless the agreement provides that the bargaining unit employees are to be included in the plan. See section 2 (b) of the bill which would make a similar amendment with respect to plans which include self-employed indivi duals who are owner-employees. 99 Section 7 (b) (2) of the bill would amend section 401 (a) (5) to provide that, for purposes of determining whether a plan is discriminatory within the meaning of paragraph (3) (B) or (4), there are not to be taken into account any employees who are included in a unit of employees covered by a collective bargaining agreement, if such agreement does not provide that such employees are to be included in the plan. No change is made with respect to the exclusion for short service employees (employees who have been employed not more than a minimum period, not in excess of 5 years), part-time employees (employees who customarily work not more than 20 hours in a week) or seasonal employees (employees whose customary employment is for not more than 5 months in a year). However, the 5 year minimum period under the exclusion for short service employees would become less significant when a qualified plan is required to satisfy the minimum eligibility requirements under section 401 (a) (11), as proposed to be added by section 2 (a) (2) of the bill. It would retain significance during the transitional period and, in the case of a plan, other than an H,R, 10 plan, which requires, as a condition of participation, service in excess of 3 years by an employee younger than age 30. Proposed section 401 (a) (14), as proposed to be added by section 2 (a) (2) of the bill, provides for certain transitional periods during which the minimum 100eligibility requirements would not apply, (c) Plans benefiting self-employed individuals,— Under present law the full and immediate vesting require ment of section 401 (d) (2) (A) of the code prevents for feitures in a plan which provides contributions or benefits for employees some or all of whom are owner-employees. Section 2 (b) (1) of the bill would amend section 401 (d) (2) (A) to provide a "rule of 35" vesting standard. Accordingly, forfeitures may arise as a result of the operation of this proposed vesting standard. Section 7 (c) of the bill would amend section 401 (c) of the code (relating to definitions and rules re lating to self-employed individuals and owner-employees) by adding a new paragraph (6). Under proposed section 4dl 0 - 101- (c) (6), a trust forming a part of a pension or profit-sharing plan which provides contributions or benefits for employees some or all or whom are employees within the meaning of section 401 (c) (1) of the code (i.e., self-employed individuals) is to constitute a qualified trust only i£ under the plan, forfeitures attributable to contributions made on behalf of an employee other than an employee within the meaning of section 401 (c) (1) (i.e., a common-law employee) may not inure to the benefit of any individual who, at any time during the period beginning with the taxable year for which the contribution is made and ending with the taxable year during which the forfeiture occurs, is a self-employed individual. Under present law, a defined benefit pension plan may cover a self-employed individual. plan, however, a separate account Under such a consisting of con tributions and gains, income, losses, and expenses must be maintained for each self-employed individual to assure that forfeitures do not inure to his benefit. Proposed section 401 (c) (6) provides that, in the case of a defined benefit pension plan, a separate account or accounts are to be maintained with respect to all participants under the plan who are not self-employed - 102 - individuals (i.e., common-law employees) and another separate account or accounts are to be maintained with respect to all participants under the plan who are selfemployed individuals# Thus, a separate account would not be required to be maintained with respect to each partici pant, provided that an aggregate account is maintained for common-law employees and a separate aggregate account is maintained for self-employed individuals covered under a plan. Consequently, although the limitations on contri butions on behalf of self-employed individuals would b© separately computed on the basis of each such individual s earned income covered by a plan, the benefits payable under the plan with respect to a particular self-employed individual would not be required to be determined by reference to the separately computed contributions on his behalf. Under proposed section 401 (c) (6), if an individual who was covered under a plan as a common-law employee becomes covered under the plan as a self-employed in dividual, the aggregate account for common-law employees is not to be reduced and the aggregate account for selfemployed individuals is not to be increased by reason of his change of status. His benefits accrued as a common- law employee, however, may be paid out of the common-law employee accounts. (d) Trustee of a trust benefiting an owner-employee.^ Section 401 (d) (1) of the code provides that only a bank may be the trustee of a trust benefiting an owner-employee. Section 7 (d) of the bill would amend section 401 (d) (1) of the code to provide that such a trust would be qualified only if, in addition to satisfying the other requirements for qualification, the assets thereof are held by a bank or other person who demonstrates to the satisfaction of the Secretary of the Treasury or his delegate that the manner in which he will hold such assets will be consistent with the requirements of section 401 of the code. (e) Employee contributions of owner-employees.— Under section 401 (d) (4) (B) of the code, a plan will not qualify under section 401 of the code if it permits an owner-employee who has not attained age 59-1/2 or become disabled to make any withdrawals, including withdrawals of his nondeductible employee contributions. (See Rev. Rul. 72-98, 1972-1 Cum. Bull. 113). There is no similar restriction with respect to employees who are not owner-employees. Section 7 (e) of the bill would eliminate this restriction on withdrawals by owner-employees by amending section 401 (d) (4) (B) to provide that the restriction „ - 104 on withdrawals applies only to benefits in excess of contributions made by an owner-employee as an employee. Thus, withdrawal of contributions made by an owneremployee as an employee would be allowed under the same circumstances as contributions made by any other employee. See also section 3 (c) (1) of the bill, which would repeal section 72 (m) (1) of the code relating to amounts received before the annuity starting date. (f) Certain custodial accounts.--Section 401 (f) of the code (relating to certain custodial accounts) currently treats a custodial account as a qualified trust, and the custodian as trustee thereof, if (1) the account would, except for the fact that it is not a trust, constitute a qualified trust, (2) the custodian is a bank, (3) the investments are made solely in stock of regulated investment companies with respect to which the employee is beneficial owner, or solely m annuity, endowment, or life insurance contracts issued by an insurance company, (4) the shareholder of record of any such stock is the custodian or its nominee, and (5) any insurance contracts are held by the custodian until distributed under the plan. Section 7 (f) of the bill would amend section 401 (f) of the code to provide that, in addition to a bank, another person may be a custodian if he demonstrates to the satisfaction of the Secretary of the Treasury or his delegate that the manner in which he will have custody of the assets will be consistent with the requirements of section 401 of the code. Fur ther, the restriction placed upon investment of the funds of the custodial account would be eliminated. Section 401 (f) of the code would be amended so that an arrangement similar to a custodial account or similar to an annuity contract might be treated as a trust constituting a qualified trust, if otherwise qualified. It is contemplated that, in an appropriate case, a plan similar, to a dividend reinvestment plan of a regulated investment company might constitute a "similar arrangement even though no certificates are issued, provided there is an appropriate governing instrument for the plan. (g) Excess contributions.--Section 401 (e) (1) (B) (ii) of the code provides that the amount of any contribution made by an owner-employee (as an employee) at a rate which exceeds the rate of contributions per mitted to be made by employees other than owner-employees is an "excess contribution". Section 7 (g) of the bill would amend section 401 (e) (1) (B) (ii) of the code to make its provisions applicable only with respect to a plan other than a defined benefit pension plan. This amendment would facilitate the establishment of defined benefit pension plans by owner-employees because owneremployees could make non-deductible contributions (up to 106 the lesser of $7,500 or 10 per cent of earned income) in order to finance nondiscriminatory benefits. (h) Amendments to section 404 (a) of the code.— Generally, section 404 of the code allows a deduction for contributions of an employer to or under a qualified plan, and for compensation paid under a plan of deferred compensation. Generally, under section 404 (a) (1) (A) and (B) of the code, deductible contributions paid to a qualified pension trust are limited to (1) 5 percent of the compensation otherwise paid or accrued during the taxable year to all employees under the plan, plus (2) the excess (if any) of the ’’level cost” under the plan for the taxable year over 5 percent of such compensation. Alternatively, section 404 (a) (1) (C) limits deductible contributions made to a qualified pension plan to contributions determined under a ’’normal cost” method. Provision is also made under section 404 (a) (1) (C) for a deduction with respect to contributions for past service. Thus, under present law, deductible contributions in excess of ’’level cost” or ’’normal cost” may be made so long as they do not exceed 5 percent of compensation. Section 7 (h) (1) of the bill would repeal section 404 (a) (1) (A) of the code which provides the 5 percent limitation. Thus, deductible contributions under a qualified pension plan would be limited under either the ’’level cost” method or the ’’normal cost” method under section 404 (a) (1) (B) or (C), respectively. 107 Section 7 (h) (2) of the bill would amend sections 404 (a) (1) (B) and (C) of the code (relating to deduc tible contributions under the ,?level cost" method and to deductible contributions under the "normal cost" method, respectively) to conform them to the proposed repeal of section 404 (a) (1) (A) of the code. Section 7 (h) (3) of the bill would amend section 404 (a) (1) of the code to conform that section to the proposed amendment of section 401 (a) (7) of the code by section 2 (a) (1) of the bill. Section 7 (h) (3) of the bill would add a new sentence at the end of section 404 (a) (1) to provide that the limitations under section 404 (a) (1) (B) and (C) (as proposed to be amended by sec. 7 (h) of the bill) would not apply with respect to the amount of a contribution made to or under a pension plan to the extent such contribution does not 108 exceed the minimum funding standard described in section 401 (a) (7), as proposed to be added by section 2 (a) (1) of the bill. Section 7 (h) (4) of the bill would amend section 404 (a) (6) of the code (relating to taxpayers on the accrual basis). Under section 404 (a) (6), for purposes of section 404 (a) (1) (relating to pension plans), 404 (a) (2) (relating to employees* annuities), and 404 (a) (3) (relating to stock bonus and profit-sharing plans), a taxpayer on the accrual basis is deemed to have made a payment on the last day of the year of accrual if the payment is on account of that year and is made not later than the time when the return for that year is filed. Proposed section.404 (a) (6) would eliminate the require ment of establishing an accrual and would extend this treatment to cash basis taxpayers by providing that for purposes of section 404 (a) (1), 404 (a) (2), and 404 (a) (3) of the code, a taxpayer is to be deemed to have made a payment on the last day of the preceding taxable year if the payment is on account of such preceding taxable year and is made not later than the time prescribed by law for filing the return for such preceding taxable year (including extensions thereof). This permits a cash basis taxpayer to compute the applicable limits on the maximum deductible contribution during the taxable year immediately following the year to which the contribution relates. O 109 Section 7 (h) (5) of the bill would amend section 404 (a) (7) of the code (relating to the limit of deduction) to allow deductions with respect to amounts contributed to meet the minimum funding standard under section 401 (a) (7), as amended, by section 2 (a) (1) of the bill. Section 7 (h) (5) of the bill also amends section 404 (a) (7) by reducing the amount deductible as a carryover from 30 percent to 25 percent of compensation. (i) Inclusion of certain employer contributions in gross income.— Section 7 (i) of the bill would add a new section 409 to the code, which is similar in concept to section 1379 of the code (relating to certain qualified plans of electing small business corporations). Proposed section 409 (a) Proposed section 409 (a) provides that, notwith standing the provisions of section 402 of the code (re lating to taxability of beneficiaries of employees* trusts), section 403 (relating to taxation of employee annuities), or section 405 (relating to taxability of beneficiaries under qualified bond purchase plans), an individual is to include in gross income, for his taxable year in which or with which the taxable year of his employer ends, an amount equal to the excess of the amount of the contributions made on his behalf (reduced by any amount includible in gross income under sec. 1379 (b) (1) with respect to such 110 contributions) by the employer during the taxable year of the employer (including amounts deemed to be paid during such year under sec. 404 (a) (6) of the code) to or under a money purchase pension plan (in cluding a "target benefit" plan) which satisfies the requirements of section 401 (a), 404 (a) (2) or 405 (a), over 20 percent of such individual’s compensation otherwise paid or accrued by him from such employer during the employer’s taxable year, whether or not his rights in such excess contribution are forfeitable. In any taxable year of an individual in which he is covered under two or more money purchase pension plans maintained by an employer, the amount includible in gross income would be the amount by which the total of such contributions exceeds 20 percent of the compensation received or accrued by such individual during the taxable year of his employer. Proposed section 409 (b) Proposed section 409 (b) provides that any amount included in the gross income of an individual under proposed section 409 (a) would be treated as consideration for the contract contributed by the individual for purposes of section 72 of the code (relating to annuities). Accordingly, any amount included in the gross income of the individual would be treated as a contribution made by him for purposes of sections 2039 (c) (relating to exemption for certain annuities) and 2517 (relating to certain annuities under qualified plans). However, such amounts would be treated as employer contributions for purposes of qualification under section 401 of the code. Proposed section 409 (c) Proposed section 409 (c) provides that if amounts are included in the gross income of an individual under proposed section 409 (a), and the rights of such individual (or his beneficiaries) under the plan terminate before payments under the plan which are excluded from gross income equal the amounts included in gross income under proposed section 409 (a), then the individual is allowed as a deduction, for the taxable year in which such rights terminate, an amount equal to the excess of the amounts included in gross income under proposed section 409 (a) over such payments. Proposed section 409 (d)(1) Proposed section 409 (d) (1) provides that subsection (a) would not apply for a taxable year of an employee if at all times during the employee’s taxable year in which or with which the taxable yea: of the employer ends, under the money purchase pension plans maintained by the employer 112 (considering all such plans as a single plan) the rate at which employer contributions are to be made with respect to employee compensation (as defined under the plan) does not exceed 20 percent. Thus, for example, if contributions are made with respect to an employee at the beginning of his taxable year at a rate which does not exceed 20 percent of his anticipated annual compensation determined under the plan, no amount would be includible in the employee’s gross income under proposed section 409 (d). This result would obtain even though, because of the employee’s separation from the service during the year, the contributions exceed 20 percent of the employee’s actual compensation paid or accrued for the employer’s taxable year ending with or within the employee’s taxable year. If any employee is covered under two or more qualified money purchase pension plans maintained by an employer, the rate of employer contribu tions thereunder for each employee is to be determined as if the plans constituted a single plan, by computing m aggregate rate of contributions. In such a case, the 20 percent limitation provided by proposed section 409 (d) (1) is to be applied to this aggregate rate. - 113 - Proposed section 409 (d) (2) Proposed section 409 (d) (2) provides that subsection (a) would not apply to contributions made to or under a money purchase pension plan on behalf of an individual who is an employee within the meaning of section 401 (c) (1) of the code (i.e., a self-employed individual) with respect to such plan. Deductible contributions made on behalf of such an individual are subject to the limitations of section 404 (e) of the code (as proposed to be amended by sec. 4 (a) (1) of the bill). As amended, the deductible limit would be the lesser of $7,500 or 15 percent of earned income. Consequently, the proposed 20 percent limitation upon excludable contributions made to or under a qualified money*purchase pension plan is not made appli cable to contributions made on behalf of a self-employed individual. 114 Proposed section 409 (e) Proposed section 409 (e) would authorize the Secretary of the Treasury or his delegate to prescribe such forms and regulations as may be necessary to carry out the purposes of section 409, including forms on which employers may be required to furnish needful information to their employees. Such forms would be furnished to employees at such time as the Secretary of the Treasury or his delegate may by regulations prescribe. Section 6690 (as proposed to be added by sec. 7 (j) of the bill) would prescribe assessable civil penalties for an employer s failure to furnish information to his employees as required under this section (j) Penalty for failure to furnish information.— Section 7 (j) of the bill would amend subchapter B of chapter 68 by adding a new section 6690, relating to reports by employers which would be required by section 219 (g) of the code (as proposed to be added by sec. 3 |(a): of the bill) or section 409 (e) of the code (as proposed to be added by section 7 (i) of the bill). Reports by employers"-proposed section 6690 Proposed section 6690 of the code would provide an assessable penalty for failure to furnish certain informa tion. The usual deficiency procedures prescribed by the code would not apply in respect of the assessment of such a penalty. 115 Civil penalty— proposed section 6690 (a) Proposed section 6690 (a) provides that if any person, who is required by regulations prescribed under section 219 (g) of the code (relating to retirement savings, as proposed to be added by sec. 3 (a) of the bill) or section 409 (e) of the code (relating to inclusion of certain employer contributions in gross income, as proposed to be added by sec. 7 (i) of the bill) to furnish information to an employee, fails to comply with such requirement at the time prescribed by such regula tions, such person is to pay a penalty of $10 for each such failure unless it is shown that such failure is due to reasonable cause. Deficiency procedures — proposed section 6690 (b) Proposed section 6690 (b) provides that Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift and certain excise taxes) is not to apply in respect of the assessment or collection of any penalty imposed by section 6690 (a). (k) Net operating loss.--Under present law, section 172 (d) (4) (D) of the code (relating to net operating loss modifications) provides that in computing a net operating loss, no deduction is allowed to a self-employed individual to the extent that the deduction allowed under section 404 or 405 (c) of the code together with all other nonbusiness deductions exceeds nonbusiness income. Section 7 (k) of the bill would amend section 116 172 (d)(4) of the code by adding a new subparagraph (E) which would impose the same treatment as to the deduction allowed to individuals under section 219 of the code (as proposed to be added by sec. 3 (a) of the bill). (j^) Certain retroactive changes.-- Under present law, section 401 (b) of the code (relating to certain retroactive changes in plans) allows retroactive, remedial amendments to be adopted by a newly established plan to satisfy certain require ments of section 401 (a) of the code (relating to qualified pension, etc., plans). Specifically, these requirements are those of paragraph (3) (relating to coverage), para graph (4) (relating to discrimination in contributions of benefits), paragraph (5) (relating to discrimination in coverage, and discrimination in contributions and benefits), and paragraph (6) (relating to coverage) of section 401 (a) of the code. Under section 401 (b), the retroactive amendments must be adopted by the fifteenth day of the third month following the close of the taxable year of the employer. Proposed section 401 (b) of the code would permit retroactive, remedial amendments of a plan regardless of whether such failure was precipitated by establish ment of a new plan or an amendment to an existing plan. - 117 Proposed section 401 (b) of the code would also extend the time permitted to adopt a retroactive, remedial amendment to the time for filing of the return of the employer for the taxable year in which the plan or amendment was put into effect (including extensions thereof) or such later time as the Secretary of the Treasury or his delegate may designate. It is anticipated that regulations would provide for extension of the period for reasonable cause, such as the filing of a bona fide request for a determination by the Secretary of the Treasury or his delegate with respect to the plan or amendment. Section 7 (J/) (2) of the bill would make amendments to section 1379 (a) of the code (relating to certain qualified pension, etc., plans) which correspond to amendments which would be made by section 7 (i) (1) of the bill to section 401 (b) of the code (relating to certain retroactive changes is plans). (m) Conforming and clerical amendments.-- A conforming amendment would be made by section 7 (m) (1) of the bill to section 62 of the code (relating to definition of adjusted gross income). 118 Clerical amendments would be made by section 7 (m) (2) of the bill to the table of sections for part I of subchapter D of chapter 1 of the code and to the table of sections for subchapter B of chapter 68. Section 7 (m) (2) would also redesignate section 6687 of the code (as added by section 1 (c) of Public Law 92-606 (86 Stat. 1494)), as section 6688. (n) Effective dates.— Section 7 (n) of the bill provides that the amendments proposed to be made by section 7 of the bill (other than the amendment proposed to be made by section 7 (i) of the bill) are to be effective on and after the day after the date of enactment of the bill. The amendment proposed to be made by section 7 (i) of the bill is to apply with respect to taxable years of an employer beginning after December 31, 1973. Proposed Technical Revisions of S. 1631 (93rd Cong.) As introduced April 18, 1973 Page 2 . 1. On line 4, after "provision" insert ", the reference is to a section or other provision". 2. On line 11, after "paragraph," insert "except in the case of a plan established and maintained by the United States, a state or political subdivision thereof, or a corporation which is an instrumentality of the United States, a state or political subdivision thereof,". 3. year". On line 20, after "interest" insert "for such Page 4. 1. On line 2, strike out "or" and insert in lieu thereof "including". 2. On line 7, strike out "greater" and insert in lieu thereof "less". Page 5 . On line 2, strike out "or" and insert in lieu thereof "including". Page 6 . 1, On line 11, strike out "earnings during the 12" and insert in lieu thereof "average covered earnings during the 60". 2. On line 15. strike out "or" and insert in lieu thereof "including,". Page 7. i On line 23, strike out "gains" and insert in lieu thereof "expenses, gains,". Page 8. 1. On line 5. after "such contributions" insert "(less withdrawals)". 2. On line 6, after "employer" insert "(less with drawals)". '-Cfci - 2 - Page 9. On line 4, strike out "insert” and insert in lieu thereof "interest". Page 11« On line 19, after "plan" insert "year". Page 12« On line 25, strike out "to" and insert in lieu thereof "in"« Page 13« 1. On line 3, strike out "and", 2. Strike out line 18 and insert in lieu thereof ,M(3) The plan benefits— ". Page 14« 1. . On line 8, after "year" insert "and does not include any employee who is included in a unit of employees covered by an agreement which the Secretary or his delegate finds to be a collective bargaining agreement, if such agreement does not provide that such employee is to be included in the plan"« 2. On line 19, after "(10)," insert "of" and after "(6), and" insert "of"« Page 15. On line 25, strike out "and (c)" and insert in lieu thereof ", (c), and (h)". Page 18. 1« On line 20, strike out "tion with respect" and insert in lieu thereof "tion for a taxable year with respect". 2. On line 22, after "years" insert "before the end of such year". Page 19. 1. 2. On line 22, strike out the quotation mark. After line 22, insert the following: "» (g) Regulations.--The Secretary or his delegate is authorized to prescribe such forms and regulations as may be necessary to carry out the purposes of this 3 section, including forms on which employers may be required to furnish needful information to employees. Such forms shall be furnished to employees at such time as the Secretary or his delegate may by regulations prescribe, "* (h) Special Limitation for 1973,--For taxable years ending before January 1, 1974, the amount allowable as a deduction under subsection (a) shall not exceed 50 percent of the limitation determined under subsection (b).*" Page 21. 1. On line thereof "by". 2. On line custody of,". 3 0 On line 4. On line 8, strike out "in" and insert in lieu 9, strike out "trust by, or in the 12, strike out "or have". 13, strike out "custody of". Page 22. On line 9, strike out "spouse)" and insert in lieu thereof "spouse),". Page 23. 1. Strike out lines 1 through 4 and insert in lieu thereof the following: "constituting a qualified individual retirement account if such arrangement would, except for the fact that it is not a trust, constitute a qualified individual retirement account under this subsection. Paragraph (6) shall not apply if distribution". 2. Strike out lines 9 through 16 and insert in lieu thereof the following: "' (1) Excess contributions.— If all or a portion of the contributions paid by an indivi dual during any taxable year to a qualified individual retirement account are not deductible under section 219 (other than by reason of sec tion 219 (c)), under regulations prescribed by the Secretary or his delegate, such contributions or portion thereof shall be treated in the same manner as an excess contribution within the meaning of section 401 (e) (1), and for this purpose, section 401 (e) (2) and (3) shall apply as if such individual were an owner-employee." Page 240 1. 2* On line 4, strike out "or" at the end thereof. On line 5, strike out "having custody of". 4 Page 25. 1. Strike out lines 3 through 6. 2. On line 7, strike out "(4)" and insert in lieu thereof "(3)". 3. On line 23, after "219" insert "(other than by reason of section 219 (c))". Page 26. 1. On line 1, after "distributed" insert "to him".* 2. After line 2, insert the following: "' (f) Special Rule.--Solely for the purpose of determining whether section 72 (p; (2) (C) applies to a contribution under subsection (a) (2) or to an amount paid or distributed under subsection (d) (2), the re quirement of section 72 (p) (1) that the amount paid or distributed be received before age 59-1/2 shall not apply." 3. ' Strike out line 3 and insert in lieu thereof the following: "(g) Cross References.-- "(1) For excise tax on a qualified individual retirement account, see section 4960. "(2) For additional tax on certain distributions from a qualified individual retirement account, see section 72 (p)." Page 27. On line 13, strike out "(B)" and insert in lieu thereof "(A)". Page 29. On line 20, strike out ”13" and insert in lieu thereof "31". Page 33. 1. Strike out lines 1 through 9. 2. On line 10, strike out "(5)" and insert in lieu thereof "(4)". 5 3. GD After line 25, insert the following: M (5) Basis for assets held for plan contracts,— Section 801 (g) (7) of assets held for qualified pension amended by striking out 'pr (D)* and thereof 1(D), or (E)'." qualified pension (relating to basis plan contracts) is inserting in lieu Page 34. 1. On line 19, strike out "after *72 (m)" and insert in lieu thereof "after *72 (n)". 2. Strike out lines 20 through 26. Page 35. Strike out lines 1 through 26. Page 36. 1. Strike out lines 1 and 2. 2. On line 14, strike out "aply" and insert in lieu thereof "apply". 3. On line 20, strike out "Indivduals" and insert in lieu thereof "Individuals". Page 37. 1. On line 9, strike out "or 10 percent". 2. On line 10, strike out "or 15 percent". Page 39. 1. On line 7, strike out "within 60 days" and insert in lieu thereof "no later than the 60th day". 2. On line 8, after "him, such" insert "otherwise includible". Page 40. 1. On line 2, strike out "within 60 days" and insert in lieu thereof "no later than the 60th day". 2. On line 3, after "such" insert "otherwise includible" Page 41. 1. on line 23, strike out "payee" and insert in lieu thereof "employee". 6 2. On line 24, strike out "payee" and insert in lieu thereof "employee". Page 42, 1. On line 3, strike out "within 60 days" and insert in lieu thereof "no later than the 60th day". 2. On line 5, after Psuch" insert "otherwise includible". Page 43. 1. On line 1, strike out "within". 2. On line 2, strike out "60 days" and insert in lieu thereof "no later than the 60th day". 3. On line 3, strike out "him, such" and insert in lieu thereof "him, such otherwise includible". Page 49. Strike out lines 10, 11, and 12 and insert in lieu thereof the following: "(iii) by striking out ‘chapter 42 tax' in subsection (c) and inserting in lieu thereof ‘chapter 42 or 44 tax*." Page 52. 1. On line 1, after "inserting" insert "in". 2. On line 7, strike out "therof" and insert in lieu thereof "thereof". 3. On line 20, strike out "an dinserting" and insert in lieu thereof "and inserting". Page 53. 1. Strike out lines 8 through 11 and insert in lieu thereof the following: "(b) Amendment of Section 401 (a).— Section 401 (a) (relating to requirements for qualification) is amended— "(1) by striking out paragraph (3) (A) and inserting in lieu thereof:". 2. On line 19, strike out "which" and insert in lieu thereof", if such agreement". 3. On line 21, after "eluded" insert "in the plan". 7 Page 54. 1. On line 3, strike out "or.' .** and insert in lieu thereof "or*, and”. 20 After line 3, insert the following: "(2) by inserting after the second sentence of paragraph (5) the following new sentence: " ’The determination of whether a plan is discriminatory within the meaning of paragraph (3) (B) or (4) shall be made without taking into account any employees who are included in a unit of employees covered by a collective bargaining agreement, if such agree ment does not provide that such employees are to be included in thè plan.1** Page 55. 1. On line 17, strike out "in trust bv, or in custody of," and insert in lieu thereof "by*. 2. On line 20, strike out "or have custody of". Page 56. 10 After line 4, insert the following: "(e) Employee Contributions of Owner-Employees.— Section 40 i (d) (4) (B) (relating to additional require ments for qualification of trusts and plans benefiting owner-employees) is amended by inserting *in excess of contributions made by an owner-employee as an employee after benefits*." 2. On line 5, strike out "(e)" and insert in lieu thereof "(f)"0 3 0 On line 9, after "Accounts" insert "or Other Arrangement s". 4. On line 10, after "account" insert "or an arrange ment similar to a custodial account or similer to an annuity contract". 8 5. On line 12, after "account" insert "or arrangement". 6. On line 14, after "section;" insert "and", 7. On line 15, strike out "custodian is" and insert in lieu thereof "assets thereof are held by"0 8. On line 18, strike out "have custody of" and insert in lieu thereof ‘’hold". 9. On line 19, strike out "section; and" and insert in lieu thereof "section.". 10o Strike out lines 20 and 21. 11. ment". On line 22, after "account" insert "or arrange 12. On line 24, strike out "custodian of such account" and insert in lieu thereof "person holding the assets of such account or arrangement". Page 57. 1. On line 1, strike out "(f)" and insert in lieu thereof "(g)". 2. On line 10, strike out "(g)" and insert in lieu thereof "(h)"<> Page 60. On line 20, strike out "(h)" and insert in lieu thereof "(i)". Page 61. Strike out lines 12 through 16, and insert in lieu thereof the following: "*(1) the amount of the contributions made on his behalf (reduced by any amount includible in gross income under section 1379 (b) (1) with respect to such contributions) by the employer during the taxable year of the employer (including amounts deemed to be paid during such year under section 404 (a) (6)) to or under a money purchase pension plan which satisfies the requirements of section 401 (a), 404 (a) (2), or 405 (a) during such taxable year of the employer, over • Page 62o 1. On line 20, strike out the quotation mark. 2. After line 20, insert the following: *** (d) Limitations.--(1) Subsection (a) shall not apply for a taxable year of an employee if, at all times during the employer*s taxable year referred to in subsection (a), under the money purchase pension plans maintained by the employer (considering all such plans as a single plan) the rate at which employer contributions are to be made with respect to employee compensation does not exceed 20 percent. ,M (2) Subsection (a) shall not apply to contri butions made to or under a money purchase pension plan on behalf of an individual who is an employee within the meaning of section 401 (c) (1) with respect to such plan. "* (e) Regulations.— The Secretary or his delegate is authorized to prescribe such forms and regulations as may be necessary to carry out the purposes of this sec tion, including forms on which employers may be required to furnish needful information to employees. Such forms shall be furnished to employees at such time as the Secretary or his delegate may by regulations prescribe.* **(j) Penalty for Failure to Furnish Information.— Subchapter B of chapter 68 (relating to assessable penalties) is amended by inserting at the end thereof the following new section: ***SEC. 6690. REPORTS BY EMPLOYERS. M *(a) Civil Penalty.— If any person who is required, by regulations prescribed under section 219 (g) or 409 (e), to furnish information to an employee fails to comply with such requirement at the time prescribed by such regulations, such person shall pay a penalty of $10 for each such failure, unless it is shown that such failure is due to reasonable cause. n *(b) Deficiency Procedures Not to Apply.--Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a).* 10 "(k) Net Operating Loss.--Section 172 (d)(4) (relating to net operating loss modifications) is amended by-1(a ) striking out 'and' at the end of subparagraph (C), "(2) striking out 'such individual.' in subparagraph (D) and inserting in lieu thereof 'such individual; and', and "(3) by adding immediately after subparagraph (D) the following new subparagraph (E): "'(E) any deductions allowed under section 219 shall not be treated as attributable to the trade or business of an individual.*" nr 11 "(j^) Retroactive Changes in Plan.-- "(1) Amendment of Section 401.— Section 401 (relating to qualified pension, etc., plans) is amended by striking out subsection (b) and insert ing in lieu thereof: ,M(b) Certain Retroactive Changes in Plan.— A stock bonus, pension, profit-sharing, or annuity plan shall be considered as satisfying the requirements of subsection (a) for the period beginning with the date on which it was put into effect, or for the period beginning with the date on which there was put into effect any amendment which caused the plan to fail to satisfy such require ments, and ending with the time prescribed by law for filing the return of the employer for his taxable year in which such plan or amendment was put into effect (including extensions thereof) or such later time as the Secretary or his delegate may designate, if all pro visions, of the plan which are necessary to satisfy such requirements are in effect by the end of such period and have been made effective for all purposes for the whole of such period.* "(2) Amendment of Section 1379.— Section 1379 (relating to certain qualified pension, etc., plans) is amended by striking out the last sentence of subsection (a) and inserting in lieu thereof: "'A plan shall be considered as satisfying the requirement of this subsection for the period beginning with the first day of a taxable year and ending with the time pre scribed by law for filing the return of the employer for such taxable year (including extensions thereof) or such later time as the Secretary or his delegate may designate, if all the provisions of the plan which are necessary to satisfy this requirement are in effect by the end of such period and have been made effective for all purposes for the whole of such period.*.M 12 3. On line 21. strike out "(i)" and insert in lieu thereof "(m)". Page 63, 1. Strike out lines 5, 6, and 7, and insert in lieu thereof the following: M(2) Clerical amendments.— "(A) The table of sections for part I of subchapter D of chapter 1 of subtitle A is amended by inserting at the end thereof the following new item: 1,1 Sec. 409. Inclusion of certain employer contributions in gross income.* M(B) The table of sections for subchapter B of chapter 68 is amended-"(i) by striking out the penultimate item and inserting in lieu thereof: "'Sec. 6688. Assessable penalties with respect to information required to be furnished under section 7654.* "(ii) by inserting at the end thereof the following new item: '"Sec. 6690. Reports by employers.' "(C)- Subchapter B of chapter 68 is amended by striking out the heading of the section immediately preceding section 6689 and inserting in lieu thereof: '"SEC. 6688. ASSESSABLE PENALTIES WITH RESPECT TO INFORMATION REQUIRED TO BE FURNISHED UNDER SECTION 7654.'". * 2. On line 8, strike out "(j)" and insert in lieu thereof "(n)". 3. On line 9, strike out "(h)" and insert in lieu thereof "(i)". 4. On line 12, strike out "(h)" and insert in lieu thereof "(i)". GPO 865**69 1 ¡1 Department of th e fR E A S U R Y ASHINGTON/O.C. 20220 T E L E P H O N E W 04-2041 1 July 9, 1973 FOR IMMEDIATE REILEASE TREASURY ISSUES DUMPING FINDING WITH RESPECT TO SYNTHETIC METHIONINE FROM JAPAN________ Assistant Secretary of the Treasury Edward L. Morgan announced today that he has issued a dumping finding with respect to synthetic methionine from Japan. This product is used as a feed additive to promote weight response and vigor in poultry. The finding will be published in the Federal Register of July 10, 1973. On February 15, 1973, the Treasury Department deter mined that synthetic methionine from Japan was being sold, or likely to be sold, at less than fair value within the meaning of the Antidumping Act, 1921, as amended. On May 14, 1973, the Tariff Commission advised the Secretary of the Treasury that an industry in the United States was being injured by reason of the importation of synthetic methionine from Japan sold, or likely to be sold, at less than fair value within the meaning of the Antidumping Act, 1921, as amended. After these two determinations, the finding of dumping automatically fòllows as the final administrative requirement in antidumping investigations. During the period of January through September 1972, imports of synthetic methionine from Japan were valued at approximately $3 million. # # # Department of th e T R E A S U R Y SHINGTimf D C 20220 I T E L E P H O N E W 04 2041 EMBARGOED FOR RELEASE UNTIL 10:00 A.M., EDT, TUESDAY, JULY 10, 1973 TESTIMONY BY THE HONORABLE WILLIAM E. SIMON DEPUTY SECRETARY OF THE TREASURY BEFORE THE HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE TUESDAY, JULY 10, 1973, 10:00 A.M., E.D.T. Mr, Chairman and Members of the Committee: I am delighted to appear before you to discuss possible shortages of gasoline and other petroleum products. Today, I would like to focus on the problems of supplying crude oil and petroleum products to independent refiners and marketers throughout the United States. The Growth of Demand for Energy The first thing to understand is that the demand for energy has been increasing continually while supply has not. With six percent of the world's population, we are consuming 33 percent of the world's energy. Furthermore, the demand for energy in this country is growing at an annual rate of about four percent and, by 1990, our energy needs will be double those of 1970. Much of this increase in demand will be reflected in an increase in the demand for oil, which has grown, in part, because there has been a shift away S -251 2 from coal to oil and, in part, because of the inability to obtain natural gas, an alternative to oil. Domestic demand for oil has increased from 15.1 million barrels a day in 1971 to 18 million this year and will increase to about 21 million in 1975 and to approximately 25 million in 1980. Oil and gas now account for about 65 percent of the world energy consumption and 77 percent of U.S. energy consumption. The demand for gasoline in the United States has also been growing faster in the past several years than at any other time in recent history. Since 1968, gasoline demand has risen at an annual rate of about five percent. During the past two years the rate of increase has been about seven percent per year. Part of this rise in demand can be explained by growth in the population, growth in the economy, and the increasing number of cars on the road. There are close to 90 million cars in use in the United States today, a gain over last year of more than four per cent. Demand has also risen significantly because of the many power-using devices added to cars. These include automatic transmissions, air conditioning, various safety features, and the changes made in automobiles since 1970 in compliance with EPA regulations issued under the mandate of the Clean Air Act. Producers' compliance with these 3 regulations has led to substantially reduced engine efficiency. As more vehicles come on the road equipped with safety, emission control, and physical comfort devices, average mileage per gallon will decrease further. An automobile that once got 14 miles per gallon, now gets eight or nine miles. Because new automobiles are not getting the gasoline mileage obtained by their counterparts five and ten years ago, and because we are driving more, gasoline consumption has risen. We are using 300,000 barrels per day more gasoline this year than last year. Failure to Build Refineries While gasoline demand has been growing at about seven percent per year, the volume of crude oil processed by refiners has risen only three percent per year. We are now extremely short of refinery capacity and, at the time of the President's energy message, which announced the new oil import program, no new refineries were under construction. had ceased. Furthermore, expansion of existing refineries Growth in the capacity of the industry had come to an end because the industry found that it was more profitable to invest abroad than in the United States. There were a number of reasons for this: (1) Environmental restrictions have made it increasingly difficult to find acceptable sites for new 4 refineries in this country. Because of resistance to refinery siting, it may take three years to obtain site approvals today, in addition to the three years required for construction. Yet, modern refineries can be designed so that they do not significantly pollute the environment. (2) U.S. oil import restrictions, in the past, created uncertainty as to whether new domestic refineries could obtain sufficient imported supplies of crude oil. As long as the government set import quotas on a year-to-year and, in some cases, on a monthto-month basis, no company was assured of the stability of supply necessary to encourage domestic refinery construction. This impediment ended on April 18 when we terminated volumetric quotas on oil imports. (3) The tax and other economic benefits available to refiners in the Caribbean and in Canada have been more lucrative than similar provisions available in the United States. Deepwater ports in the Caribbean and Canada have also permitted savings in the use of very large crude carriers. For all these reasons, U.S. refinery construction has been standing still while U.S. demand for refinery products has been increasing. Our growing lack of refined products 5 was driven home to the public late in 1972 with shortages of distillates and other heating fuels in various parts of the country. Refineries had to increase their percentage of distillate production and, correspondingly, reduce gaso line production. Gasoline production this year, however, is higher than it has ever been. Cumulative production for the first six months of 1973 was 69 million barrels greater than for the comparable period last year. The result has been that our stocks of gasoline, as of June 29, were only two million barrels below the comparable date a year ago. marked improvement from earlier this year. This is a On April 6, for example, gasoline stocks were 25 million below the year before. It is also important to note that distillate fuel oil stocks are much improved. As of June 29, they totaled more than 139 million barrels as compared with 129 million barrels a year ago. However, inventories were abnormally low in 1972. In 1971, distillate fuel oil stocks were 149 million barrels as of June 29, or about seven percent above what they are now. Also, there is evidence that the stocks of the independents have declined, and this concerns us today. One reason that there has been such a substantial increase in the demand for distillates is that air quality standards have required their use. oil with residual oil. Many utilities are mixing No. 2 fuel Some are actually switching to No. 2 6 fuel oil altogether in an effort to meet these standards. This is imposing an enormous strain on our productive capability and is making it difficult, especially for inde pendent marketers of fuel oil, to obtain needed supplies of home heating oil. The Problems of the Independent Oil Companies With this demand-supply picture in mind, I would like to turn now to the problems faced by the independent segment of the petroleum industry. The independent refiners and marketers, especially, are confronted by related but distinct problems. The refiners face crude oil shortages; the marketers, gasoline shortages. To understand how these problems developed, it is important to realize that, until the early 1970's, we had surplus crude oil production capacity in the United States. This enabled independent refiners to buy crude oil and build refineries to supply, among others, independent jobbers, marketers, and other wholesale customers. There was also a surplus of gasoline and other products being produced by the major oil companies. Independent marketers took advantage of this surplus and opened thousands of gasoline stations to sell gasoline purchased in the spot market. By efficient servicing of consumers, these marketers were able to sell gasoline for a few cents a gallon less than <ty 7 the major oil companies. These independents have had a healthy influence on the petroleum industry by giving consumers a greater choice between price and service. 8 J . O S I O ' % v ... •i : • •1 : ,k. • <t } t They have made it possible for consumers to buy gasoline at lower prices. The gasoline shortage has hit these independents hardest. In the first place, independent refineries can no longer get adequate supplies of crude oil. They used to obtain domestic crude oil by exchanging their import licenses with the major oil companies. The major companies used the import licenses to import cheaper foreign crude for their own use, while providing the independent refiners with domestic crude oil. In addition, the so-called "Sliding Scale" method of allocating import licenses under the old system gave smaller refineries more than a proportionate share of the licenses. ijSifit 8i ox laifa s,* • ■■ All this has changed during the last two years. Quoted prices of foreign crude oil are now equal to or higher than prices of American crude sold in the same markets. Thefe is.,a worldwide shortage of low-sulfur or "sweet" crude. ssrxd ^od oil companies have had no economic incentive to trade their domestic sweet crude production for imported crude obtained by moans of independents' import tickets. iio x d x a o Q It is estimated that only 40 percent of the u.S. 0 113 : 8 refineries are equipped to handle sour crude or to convert high-sulfur residual oil to low-sulfur residual oil. Further, because of local air quality standards, plants that are designed for refining high-sulfur crude are compelled to use low-sulfur crude. The result is that the independent refineries, particularly those in the midContinent, cannot get the sweet crude they need and are operating at less than full capacity. Independent gasoline marketers are also in a difficult position. The wholesale market for gasoline has become very tight and many of the independents find it impossible to purchase gasoline wholesale. Hundreds of independent gasoline stations across the country have closed down. Those that can obtain gasoline abroad, find it available only at much higher prices. This hurts them competitively because their main selling point with the public is that they can underprice the major oil companies. In the face of these problems, we have gone to great length to help protect the independents. Our basic objective has been to balance the need to preserve the independent n rsin i Iuesi s sA segment of the petroleum industry with the desire to create a vigorous domestic industry through incentives for construction of new refineries in the United States and for exploration for new reserves of crude oil. As such, we have taken the following steps to help strengthen the short-term position of the independent refiners and marketers, enabling them to establish themselves on a more enduring basis. 9 l| Under the new Mandatory Oil Import Program, we honored outstanding import licenses free of license fee. Because the independents hold a large share of these licenses, this provides some value to their tickets where none existed previously. The independents will be able to import oil at lower cost than the majors. As a result, the independents should now have an improved competitive position in world markets. 2. To provide greater value to the independents * tickets, we suspended existing tariffs. Had we not done this, the independents* ticket value would have been lower. The only other way to create value under the new program was to have the consumer pay substantially higher prices. 3. In the past, the Oil Import Appeals Board (OIAB) would not distribute import licenses in cases of hardship until September of each year. These licenses were, by and large, distributed to the independent refiners and marketers. Early this year, the OIAB began to allocate tickets immediately upon application. allocation. It had soon disbursed its entire 1973 Then, on March 23, 1973, the President issued a Proclamation granting unlimited allocations to the Oil Import Appeals Board in an effort to make more crude oil and product available to both the independents and the Nation. Finally, on April 18, in another Proclamation, the President removed volumetric controls altogether. 10 The OIAB has now been granted unlimited ability to authorize fee-exempt import licenses, and has been given the specific responsibility of helping the independent refiners and marketers through the period of transition in which they now find themselves. Major oil companies may also appeal to the Oil Import Appeals Board, but must demonstrate their inability to obtain import licenses by exchange from among those already distributed by the government or their willingness to supply established independent marketers and refiners with the same proportion of crude oil or products supplied in 1972, 4. The government has also been allocating its "royalty oil" to independent refineries in need. Under the terms of relatively recent lease sales, the government can collect some of its royalties in cash or in a share of the oil produced on leased lands. In choosing the latter course, it is, in effect, diverting crude oil from the major to the independent refineries. The Interior Department estimates that the amount of royalty oil accruing from all federal lands is about 225,000 barrels a day. The Secretary of the Interior has decided to take as much of that royalty oil as possible in kind and to distribute it to independent refiners. Although the independent refiners are a small segment of the industry, their contribution is significant and the additional supplies of royalty oil are important to their survival. ft* 11 The Voluntary Allocation Program Despite these actions, however, we realized that immediate measures had to be taken to assure adequate supplies of crude oil and refined products to independent refiners and marketers. The Congress enacted the Economic Stabilization Act with a provision granting the authority to allocate petroleum and petroleum products. In order to exercise this authority and adopt a mandatory allocation program, however, public hearings had to be held. We felt that the American people could not wait that long. Therefore, we acted immediately and adopted the voluntary allocation program. This program relies on voluntary compliance with guidelines set by the Government. Our purpose was to apportion, as evenly as possible, any curtailment of consumption that resulted from shortages of gasoline and distillate. We adopted priorities for farming, food processing, other essential industries, health and emergency services, and state and local govern ments • Compliance We have found a widespread willingness on the part of the industry to participate in some form of allocation program. There are many companies who are genuinely trying to cooperate, although particular features of the program pose difficulties and, for this reason, different allocation 12 schemes have been adopted. One measure of the degree of compliance by the industry is provided by a recent survey conducted by the National Federation of Independent Business. Of the 2,471 gasoline retailers replying, 2,091 indicated that their suppliers had complied with the guidelines. However, the program is confronted with some legal and supply difficulties. Some companies report that they cannot fully comply with the guidelines because prior contractual arrangements legally commit them to provide fixed amounts of crude or product to certain customers. Others simply do not have enough crude or products to meet the base period requirements. Speed and Effectiveness of Assistance The administration of the program is moving forward. Since it was announced on May 10, 1973, we have expanded the program's staff to 77. In addition, several agencies of the government have been most helpful in responding to our needs, but their work loads limit the amount of assistance they can provide. We still have considerable staffing, space, and computer problems to resolve. However, we feel that these problems can be remedied in the very near future by further augmentation of our staff and by revising the allocation program's guidelines in ways that would limit the amount of workload. 13 Preparations For Mandatory Program And Options Being Considered At the same time that we put this voluntary program into place, we also began to prepare for a mandatory fuel allocation program to be adopted if necessary. The measures we have taken to this end include the publication in the Federal Register on May 21, a notice of public hearings regarding allocation of crude oil and refinery products and the holding of hearings so that the public has an opportunity to express itself on how the program is working and modifica tions that must be made in it. Much has been learned from the administration of the program and from comments by the companies involved. On June 11-14, 1973, we held public hearings to evaluate the operation of the program. We received oral or written testimony from over 100 witnesses, representing a broad cross-section of industry, state and local government and consumer interests, as well as U.S. Senators and Representatives. We asked them to address themselves to two basic issues: First, based on the experience of the past weeks, how can the voluntary program be improved and made more workable. Second, do we need a mandatory program; and if so, how should it be structured. 14 In general, we learned from these hearings that the voluntary allocation program was working well in some instances and working only partially in others. cases it was not working at all. In some Criticism ranged from insufficient voluntary compliance, to reports of businesses actually closing their doors because of no available supplies of gasoline or fuel oil. In some cases, even priority consumers were still being denied supplies. We learned that the voluntary program was working much better for refined products than for crude oil. Perhaps most important, we learned that we do need an improved allocation program, possibly with some mandatory features, in order to supply equitably the fuel needs of all segments of the industry. Interestingly, many major oil companies spoke out in favor of a mandatory program, in order to invoke force majeure clauses in their existina contracts, while some independents preferred to retain the existing voluntary program. Many witnesses noted the need to have greater flexi bility built into the program. Many wanted a more current base period, while some wanted the government to allow companies to develop their own base periods and allocation programs subject to government approval. Several stressed that consideration should be given to persons who had supply contracts or were established customers. Others stressed that special consideration be given to persons who 15 did not have contracts and were spot buyers. Many industry representatives and state and local officials emphasized the needs of particular segments of the country or economy and urged that the priority list be expanded to include these needs. Finally, many major oil companies noted that, although many of their sales were to dealers selling under their brand name, most of these dealers were actually local independent businessmen and, as such, should be given equal consideration with other independent marketers. In light of these reactions, we are now reviewing a number of alternative allocation programs with John Love, the newly appointed Director of the President’s Energy Policy Office. (1) These options include: Retaining a voluntary allocation program with suggested revisions? (2) Adopting a partially mandatory-partially voluntary program; or (3) Adopting a fully mandatory program covering all segments of the industry. No final decision has yet been made by the Administration as to which alternative should be adopted or whether the program should be mandatory or voluntary. 16 In considering a possible mandatory program, there are some general objectives that we would want to pursue: (1) It should cover crude oil, petroleum products, and liquified petroleum gases. (2) To the extent possible, the program should be self-administering, although all covered companies must be required to participate. (3) To the extent possible, the program should not conflict with existing business practices or contractual arrangements. (4) Separate programs should be developed for crude oil and petroleum products and liquified petroleum gases. In addition, most options consider priority allocations by the Office of Oil and Gas to various end users of finished products and liquified petroleum gases deemed to be essential to our Nation. Included among these priority users are independent marketers and distributors, as well as other wholesale customers, supplying priority customers unable to obtain the products they require through the regular allocation program. Further, any mandatory program must preempt various state and local allocation programs. Also, any mandatory program should allow force majeure provisions in contracts to become applicable, thus terminating, where necessary, existing contractual obligations. In addition, in no case should a supplier be forced to sell crude oil or product below cost, in this way avoiding a possible legal challenge that the program is confiscatory. Finally, there should be sanctions for those companies refusing to comply with any such program as well as incentives for those companies agreeing UfCrJo* I S v S ‘ i f t f f v T i' 1' ¿t *' * 1 1 3 J, .. . '// a »( fr* t. ‘ •' " *2 V v to comply with it. H.R. 8089 Let me now turn to H.R. 8089 which proposes an alternative mandatory allocation program. There are several significant differences between H.R. 8089, the Independent Oil Marketers Supply Act of 1973, and our current thinking about any allocation program. First of all, we believe there is need for a comprehensive and systematic program to insure an equitable and adequate distribution of petroleum, petroleum products, and liquified petroleum gases to all segments of the industry. H.R. 8089 prohibits suppliers from unfairly discriminating against independent marketers only, but it does not provide a mechanism for insuring adequate supplies when legitimate distribution and allocation problems arise. Second, H.R. 8089 does not provide for the allocation of crude oil among refiners. Nor does it prohibit major producers from curtailing supplies of crude oil to independent refiners. We feel it is necessary to insure that all refiners will operate at more or less the same percentage 18 of capacity as the average refiner in a particular area of the country. Third, all refiners should participate in any allocation program for refined products. The provisions of H.R. 8089 only apply to refiners whose total average refinery input exceeds 30,000 barrels per day. Fourth, any allocation program should include propane, butane, jet fuel, and other distillates, which H.R. 8089 does not. We think this broader approach is needed, particularly because shortages of propane are extremely serious and pose, perhaps, the greatest threat to agri culture this coming fall. Fifth, H.R. 8089 adopts a base period from October Ï, 1971, through September 30, 1972. in the voluntary program. This is the period used It has caused some problems in administering the voluntary allocation program and, for this reason, we are inclined to change it. 19 Sixth, H.R. 8089 does not specifically provide for the administration and enforcement of its provisions. In order to insure compliance, there must be a way to requite submitting reports and records by the companies. Seventh, because any Administration program would be established under authority granted to the President, and through the publication of regulations, it is subject to amendment as a result of changing conditions and experience in administering the program. Congressional overview is maintained through the Economic Stabilization Act. does not provide this flexibility. H.R. 8089 There are no provisions for the promulgation of regulations to implement the intent of the bill or to provide guidance for relevant parties. Eighth, H.R. 8089 does not contain force majeure or preemption provisions. Such provisions are necessary to create an efficiently administered program free from litiga tion arising from pre-existing contractual arrangements and obstruction from local regulations. 20 Let me emphasize that the essential difference between H.R. 8089 and any program we are considering is that the former is more limited in scope and does not provide for full allocation. We are seeking to protect independent refiners and marketers as well as to insure an adequate supply of crude oil and refined products to all priority consumers. Basically what we want is a program that will assure more equitable distribution of oil and, at the same time, will be administratively feasible. Conclusion Under a stronger allocation program, I believe we can distribute our limited supplies equitably and minimize inconvenience to the consumer. However, it is important to realize that no allocation program can increase supply and,in the long-run, our needs can only be satisfied by carrying out the energy policies presented by the President. On April 18, 1973, the President presented a broad and comprehensive energy message which I see as a blueprint for action that must and will be taken. The basic goal underlying these policies is to assure adequate supplies of energy in the short run, while also reducing our dependence upon foreign supplies in the long run by fostering a vigorous domestic energy industry. Further, last week, the President announced a $10 billion energy research and development program. This program s h o u ld 21 speed up the development of clean energy products, including synthetic oil and gas from coal, stack scrubbers which will permit us to use more coal without polluting the atmosphere, nuclear power, and research into other sources of energy such as geothermal, solar, and oil shale. This program will start to produce results in the early 1980's as these new energy sources begin to supply a significant part of our energy needs. We have also initiated a program to triple the acreage on the outer continental shelf made available for oil and gas exploration. We have asked the Congress for authority to build the badly needed Alaska pipeline which when completed, will result in more than two million barrels of oil a day by 1980. This is equal to one-third of current oil imports* As important, approval of the Alaskan pipeline will encourage additional development of Alaskan fields. Projections indicate that the North Slope has potential reserves of as much as 80 billion barrels. Thus, eventually, we could achieve an Alaska production of between five and six million barrels a day. Finally, the President has called on all consumers — the Government, industry and the general public to conserve energy. We have established an Office of Energy Conservation in the Department of the Interior to spearhead this program. The Federal Government is taking the lead by an across-the-board seven percent cut-back in its energy utilization. conservation measures are absolutely essential. Effective 22 In short, we are undertaking long-term measures which, I think, will assure an adequate supply and because of this, equitable allocation of crude oil and products. It is in this effort that we really need the assistance of Congress. I am basically opposed, as I am sure are most of the Members of this Committee, to the needless injection of government regulation and control into any industry, particularly where there is every evidence of intense and healthy competition. I dc not want to take any step which would discourage private initiative. At the same time, we are,in a situation in which we must make decisions on priorities. We cannot afford to let crops go unplanted or unharvested for lack of diesel fuel for our tractors. We cannot let our vital industries close down. endanger public health or safety. We cannot And, finally, we should not let the independent segment of the oil industry, which provides competition in the marketplace, be forced to shut down. Thank you. o 0 o Departmentof th e T R E A S U R Y Washington,d.c: 20220 telephone W04-204i ItENTXOW: FINANCIAL EDITOR pR RELEASE 6:30 P.M. July 9, 1973 RESULTS OF TREASURY'S WEEKLY 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 April- 12, 1973 , and he other series to be dated July 12, 1973 , which were invited on July 3, 1973, [ere opened at the Federal Reserve Banks today. Tenders were invited for $2,500,000,000 r thereabouts, of 91-day bills and for $ 1,700,000,000, or thereabouts, of 1 8 2 -day ills. The details of the two series are as follows: IANGE OF ACCEPTED OMPETITIVE BIDS: High Low Average 91-day Treasury bills maturing October 11, 1973 Approx. Equiv. Price Annual Rate 97.996 97.976 97.980 7.928$ 8.007$ 7.991$ 1/ 18S-day Treasury bills maturing January 10, 1974 Approx. Equiv. Price Annual Rate 95.968 95.937 95.946 7.975$ 8.037$ 8.019$ 1/ 4?$ of the amount of 91-day bills bid for at the low price was accepted 17$ of the amount of 182 -day bills bid for at the low price was accepted pAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston Hew York Philadelphia Cleveland Richmond Atlanta Chicago Louis Minneapolis HAnsas City Dallas Ban Francisco TOTALS ■ Applied For $ 66,690,000 3,273,940,000 23,215,000 38.010.000 31.505.000 25,505,000 197,670,000 68,045,000 14,140,000 40,300,000 43,080,000 152,380,000 Accepted $ 32,525,000 2,091,740,000 23,015,000 34.315.000 23.335.000 24,655,000 103,235,000 34,210,000 11,660,000 31,365,000 20,555,000 69,505,000 Applied For $ 19,905,000 2,565,340,000 10,555,000 69.880.000 22.400.000 26,320,000 190,800,000 79,140,000 5,665,000 44,020,000 39,065,000 141,135,000 Accepted______ I 9,305,000 1,387,580,000 10.555.000 28.825.000 19.150.000 21.500.000 82.340.000 24.065.000 5,665,000 28.910.000 16.565.000 66.125.000 $3,974,480,000 $2,500,115,000 a/ $3,214,225,000 $1,700,585,000 y eludes $355,260,000 noncompetitive tenders accepted at the average price*of 97.980 c^Uc^es $258,345,000 noncompetitive tenders accepted at the average price of 95.946 ■ , rates are on a bank discount basis. The equivalent coupon issue yields are for the 91-day bills, and 8.47$ for the 182 -day bills. I 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 $4,200,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing of $4,304,315,000 July 19, 1973, in the amount as follows : 91-day bills (to maturity date) to t e issued July 19, 1973, in the amount of $2,500,000,000, or thereabouts, representing an additional amount of bills dated April 19, 1973, and to mature October 18, 1973 (CUSIP No. 912793 RZl), originally issued in the amount of $1,800,340,000, the additional and original bills to be freely interchangeable. 182-day bills, for $1,700,000,000, or thereabouts, to be dated July 19, 1973, and to mature January 17, 1974 (CUSIP No. 912793 SUI ). 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 ’ 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 clos ing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, July 16, 1973. Tenders will not be received at the Treasury Department, Washington. roust be for a minimum of $10,000. $5,000. 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. roay not be used. Fractions It is urged that tenders be made on the printed forms and for warded 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 submit tenders except for their own (OVER) - account. 2- 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 a xe 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 thos 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 accept 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 19, 1973, in cash or other immediately available funds or in a like face amount of Treasury bills maturing July 19, 1973. treatment. Cash and exchange tenders will receive equal Cash adjustments will be made for differences between the par value ofj 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 accni when the bills are sold, redeemed or otherwise disposed of, and the bills are ex cluded 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 pai<l for the bills, whether on original issue or on subsequent purchase, and the amourntj 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 issu Copies of the circular may be obtained from any Federal Reserve Bank or Branch. Secretary of the Treasury, George P. Shultz announced today he was cancelling his projected trip to Tokyo on Friday. The Secretary*s decision was necessitated by his preoccupation with assisting the President in shaping Phase IV of the Economic Stabilization Program. Secretary Shultz will be represented in meetings with the Japanese Cabinet next week by Paul A. Volcker, Under Secretary for Monetary Affairs. Department of th e JH f f lS U R Y feSHINGTON, B.C. 20210 T E IE P H Q N E W 04-2041 FOR IMMEDIATE RELEASE July 16, 1973 TREASURY ANNOUNCES TENTATIVE NEGATIVE DETERMINATION ______ON POLYPROPYLENE STRAPPING FROM JAPAN________ Assistant Secretary of the Treasury Edward L. Morgan announced today a tentative determination that polypropylene strapping from Japan is not being, nor is likely to be, sold at less than fair value within the meaning of the Antidumping Act of 1921, as amended. This product is a non-metallic plastic industrial strapping which is a substitute for steel or rope as a banding or strapping material. Notice of this determination will be published in the Federal Register of July 17, 1973. Information gathered in this investigation showed that the price to buyers in the home market was lower than the price to buyers in the United States. Appraisement of this merchandise from Japan has not been withheld. During the year beginning June 1, 1972, imports of polypropylene strapping from Japan were valued at roughly $515,000. # # # ( * 1 THE SECRETARY OF THE TREASURY W A SH IN G TO N JUL 1 61973 Dear Mr. Presidents There is transmitted herewith a draft bill, "To amend the Tariff Act of 1930 to grant additional arrest authority to officers of the Customs Service." Under existing law, a Customs officer may make arrests without warrant for violations of the narcotic drug or marihuana laws under section 7607 of the Internal Revenue Code and for violations of the Customs or navigation laws or any law respecting the revenue under section 581 of the Tariff Act of 1930, as amended, where the violation is committed in his presence or where he has reason to believe that the person to be arrested has committed or is committing such violation. Customs officers are now engaged in Federal enforcement programs not heretofore within the sphere of Customs activity and such limited authority has proved to be clearly inadequate. For example, Customs officers in the cargo security program frequently observe violations of non-Customs laws, such as thefts from interstate shipments (18 U.S.C. 659) . Fugitive felons and persons in possession of stolen property have been detected entering the United States by Customs inspectors, who now have access to the National Crime Information Center. In both of these examples, Customs officers must call upon other law enforcement officers to make the arrest. In remote border areas and late at night such law enforcement officers may be unavailable. In addition, Customs officers engaged in protecting Federal property and employees, and those in the Federal air security program have had to be sworn in as deputy United States marshals to enable them to carry out their duties. This procedure has proved to be inefficient, cumbersome and inadequate. Moreover, this limited arrest authority is inconsistent with the arrest authority granted to other enforcement personnel of the Treasury Department, specifically, Internal Revenue Service enforcement officers * and Secret Service agents. The Department of Justice, under whose law Customs officers have been designated United States marshals, has requested this Department to seek expanded arrest authority for Customs officers to obviate the problem. 2 The proposed bill would grant such additional arrest authority to officers of the Customs as defined in section 401(i) of the Tariff Act of 1930, as amended (19 U.S.C. 1401(i)). Section 7607 of Internal Revenue Code of 1954 now (1) authorizes Customs officers to carry firearms, execute and serve search and arrest warrants, and serve subpoenas and summons; and (2) provide arrest authority for violations of narcotic drug or marihuana laws. Proposed new section 589 of the Tariff Act of 1930 would incorporate the authority described in (1) above under the Customs provisions and, in addition, would authorize an officer in the performance of his duties as an officer of the Customs Service to make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed, or is committing, such felony. The proposed bill would make the retention of the authority in section 7607 of the Internal Revenue Code unnecessary and it would be repealed. Such expanded authority parallels the authority now possessed by internal revenue agents under section 7608 of the Internal Revenue Code. It is intended to be used by a Customs officer only in performance of his duties as a Customs officer and would not extend the arrest authority to such officer when acting as a private citizen. It will be appreciated if you will lay the enclosed draft bill before the Senate. A similar proposal has been trans mitted to the House of Representatives. The Department has been advised by the Office of Management and Budget that there is no objection from the standpoint of the Administration's program to the submission of this proposed legislation to the Congress. Sincerely yours George P. Shultz The Honorable Spiro T . Agnew President of the Senate Washington, D. C. 20510 Enclosure ; jj/^j A BILL . •' \ v j, »{pa ■ .v To amend the Tariff Act of 1930 to grant additional arrest authority to officers of the Customs Service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Tariff Act of 1930 is amended by adding a new section 589 to read: "Sec. 589. Additional Authority for Bureau of Customs. An officer of the Customs, as defined in section 401(1) of this Act, as amended, may (1) carry firearms, execute and serve search i warrants and arrest warrants, and serve subpoenas and summonses Issued under the authority of the United States; and (2) make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed, or is committing such a felony." Sec. 2. Section 7607 of the Internal Revenue Code of 1954 (26 U.S.C. 7607) is repealed. Department o f t h e J R E A S U l t Y IASHIN6T0N, D.C. 20220 T E LE P H O N E W 04-204Ì ( ÌTENTION: FINANCIAL EDITOR RELEASE 6:30 P.M. July 16, 1973 RESULTS OF TREASURY’S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for t-wo series of Treasury Ills, one series to he an additional issue of the hills dated April 19, 1973 , and fe other series to be dated July 19, 1973 , which were invited on July 10, 1973, bre opened at the Federal Reserve Banks today. Tenders were invited for $2,500,000,000 r thereabouts, of 91-day bills and for $1,700,000,000, or thereabouts, of 182-day Ills. The details of the two series are as follows: ETGE. OF ACCEPTED MPETITIVE BIDS: High Low Average 91-day Treasury bills maturing October 18, 1973 Approx. Equiv. Price Annual Rate 98.003 97.983 97.986 a/ 7.900$ 7.979$ 7.967$ 182-day Treasury bills maturing January 17, 1974 Approx. Equiv. Price Annual Rate 1/ 95.983 b/ 95.940 95.944 7.946$ 8.031$ 8.023$ 1/ a/ Excepting one tender of $25,000; b/ Excepting two tenders totaling $1,670,000 amoun^ of 91 -day bills bid for at the low price was accepted 38$ of the amount of 182 -day bills bid for at the low price was accepted fCAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS; d is tric t Boston pew York Philadelphia Cleveland [Richmond pianta fhicago |t. Louis Minneapolis fkisas City Pallas ¡an Francisco TOTALS Applied For ? 34,315,000 3,531,485,000 44.485.000 41.430.000 25.650.000 23.235.000 231.195.000 39.445.000 16.960.000 50.940.000 40.695.000 193.170.000 Accepted ? 24,315,000 2,148,125,000 24.485.000 41.430.000 22.660.000 21.405.000 72.515.000 31.445.000 8,910,000 37.600.000 18.195.000 49.190.000 $4,273,005,000 $2,500,275,000 oj Applied For $ 20,375,000 2,764,185,000 13.495.000 78.685.000 20.125.000 23.965.000 186.715.000 36.710.000 17.950.000 42.060.000 38.425.000 187.040.000 Accepted $ 9,875,000 1,369,670,000 13.495.000 48.685.000 18.925.000 21.215.000 45.605.000 18.610.000 7,710,000 31.870.000 15.925.000 99.255.000 $3,429,730,000 $1,700,820,000 d/ ^eludes $ 334,285,000 noncompetitive tenders accepted at the average price 1of 97.986 c udes $268,190,000 noncompetitive tenders accepted at the average price of 95.944 10 pj5® rates are on a bank discount basis. The equivalent coupon issue yields are | ’ $ for the 9 1 -day bills, and 8.48$ for the 182-day bills. Department o / th e fR E A S U R Y SHINGTON, D.C. 20220 TELEPHONE W04-2041 I FOR IMMEDIATE RELEASE July 17, 1973 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 $ 4,200,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing of $4,299,725,000 July 26, 1973, in the amount as follows: 91-day bills (to maturity date) to be issued July 26, 1973, in the amount of $2,500,000,000, or thereabouts, representing an additional amount of bills dated April 26, 1973, and to mature October 25, 1973 originally issued in the amount of $1,799,345,000, (CUSIP No. 912793 SA5) the additional and original bills to be freely interchangeable. 182-day bills, for $1,700,000,000, or thereabouts, to be dated July 26, 1973, and. to mature January 24, 1974 (CUSIP No.. 912793 SV9). The bills of both series will be issued on a discount basis under competitive I noncompetitive 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 clos- I ing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, July 23, 1973. I Tenders will not be received at the Treasury Department, Washington. Imust be for a minimum of $10,000. [$5,000. Each tender Tenders over $10,000 must be in multiples of In the case of competitive tenders the price offered must be expressed [°n the basis of 100, with not more than three decimals, e.g., 99.925. ■may not be used. Fractions It is urged that tenders be made on the printed forms and for- Iwarded in the special envelopes which will be supplied by Federal Reserve Banks |°r 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 inking institutions will not be permitted to submit tenders except for their own (OVER) - accoimt. 2- 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 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 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 July 26, 1973, in cash or other immediately available funds or in a like face amount of Treasury bills maturing treatment. July 26, 1973. 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 ex cluded 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. UNITED STATES U V M t t BONDS ISSUED AND REDEEMED THROUGH June 30, 1973 ( D o l l a r a m o u n ts In m illio n s - r o u n d s and w ill n ot n o c o s s o r ily a dd to t o ta ls ) D E S C R IP T IO N A M O U N T IS S U E D AMOUNT r e d e e m e d !/ AM OUNT O U T S T A N D IN G ^ / ¡matured Series A -1 9 3 5 th ru D -1 9 4 1 Series F and G -1 9 4 1 thru 1 9 5 2 Series J and K -1 9 5 2 th ru 1 9 5 7 5,003 29,501 3,754- 4,999 29,498 3,746 1,9248,4-88 13,644 15,922 12, $4-1 5,718 5,4-51 5,652 5,609 4-,922 4,258 4-,4-62 5,1145,2145,4-345,254 4,956 4,851 4,552 4,580 4,671 4,545 5*108 4',979 4,872 5,246 5,172 4^913 4,622 4,838 5,568 6^122 2^235 1,738 7,656 12,331 14,321 11,133 4,923 4,563 4,655 4,542 3,934 3,402 3,543 3,979 4,004 4,134 3,964 3,692 | 3,519 3,265 3,193 4 22 7 % O U T S T A N D IN G O F A M O U N T IS S U E D .08 .07 .19 U N M ATU R ED Series E & : 1941 1942 19 4 3 1944 1945 194fi 1947 1948 1949 1950 1951 1952 1953 1954 1955 195fi 1957 19 5 8 1959 1980 1981 1982 1983 1984 1985 1966 1967 1968 1969 1970 1971 1972 1973 Unclassified 422 Total Series p Series H (1952 'thru M«y, ifl59)i/ , H (June, 1 9 5 9 th ru 1 9 7 f ) __________ T o ta l S e rie s H T o ta l S e rie s E and H (Total matured All S eries J Total nnmatured \ G rand T o ta l ¿j _ $j 3 ,1 3 6 2,967 3,136 3,065 2,960 3,056 3,002 2^797 2,524 2,327 2,223 1,768 212 386. 186 832 1,312 1,602 1,408 795 888 997 1,067 988 856 919 1,135 1,210 1,300 1,290 1,264 1,332 1,287 1,387 1,535 1,577 1,972 1,914 1,912 .2,190 2,171 2,115 2,098 2,511 3,345 4,354 2,023 35 r . 51,806 9.70 9.80 9.62 10.06 11.23 13.90 16.29 17.64 19.02 20.07 20.10 20.60 22.19 23.21 23.92 24.55 - 25.50 27.4-6 28.27 30.28 32.86 34.70 38.61 38.44 39.24 41.75 41.98 43.05 45.39 51.90 60.08 71.12 90.51 8.29 27.00 191,857 140,051 5,485 9,071 3,975 2,994 1,510 6,076 . 27.53 66.98 14,556 6,969 7,586 52.12 206,413 147,020 59,392 28.77 38,258 206,413 244,671 38,243 147,020 185,263 33 59,392 59,425 .09 28.77 24.29 « vv im o u u/scoum» redemption value, °Ption of owner bonde may be held and w ill earn infaraat tor additional periods after original maturity detoe. Form PD 3812 (Rav. Jan. If73) - Dept, of the T re a su ry — Bureau of the Public Debt July 17, 1973 / NOTE TO CORRESPONDENTS Attached are'Treasury proposed amendments to regulations governing surety companies doing busi ness with the United States which appeared in the Federal Register, Monday, July 16, 1973. SUMMARY The Department of the Treasury has determined to amend its regulations governing Surety Companies Doing Business With the United States, at 31 CFR Part 223, to provide surety companies with an opportunity for a hearing to explain and justify its reasons for not settling claims made against it by Federal agencies, prior to a determination by the Secretary of the Treasury to revoke its certificate of authority to do business with the United States for failure to perform its obligations to such agencies. »' TITLE 31 - H0HKY AND FINANCE: TREASURY CHAPTER II - FISCAL SERVICI:, * DEPARTliEET 0? THE TREASURY - SUBCilAPTERA ~ BUREAU OF ACCOUNTS PART 223 - SURETY COMPANIES* DOING BUS IRESS VTIXil THE UNITED STATES NOTICE OF PROPOSED RULE ZI&KIRG « The Department of the Treasury is considering asending its regulations governing surety companies doing business \7ith the United States, at 31 CFR Part 223 (also appearing as Department Circular ho* 297, Revised). These amendments vili provide a surety company with an opportunity for a hearing to. explain, and justify ite reasons for not settling claims isada against it by Federal agencies, prior to a determination by the Secretary of the Treasury to revoke its certificate of authority to do business with the United States for failure to perform its obligations to such agencies. The provisions concerning the revocation of a company’s certificate of authority for not complying v?ith other requirements c ' 6 U.S.C. 6 - 13 and these regulations are not affected by this amendment. Accordingly, notice is hereby given pursuant to 5 U.S.C. 553 that the Secretary of the Treasury is considering aran cling Fort 223, Subchaptor A, Chapter II of Title 31 of the Code of Federal Regu lations by: (I) ¿¡rending the treble of sections; (2) amending section 223.6; (3) retitliug and renumbering section 223.17 as section 223.13 (4) renumbering section 223.18 as section 223.17 end section 223.19 as section 223.22, and (5) adding nei; sections 223.19, 223.20 and 223 ~ 3 ~ ( - time and placet es he deems appropriate, for the purpose .of determining whether revocation of the company’s certificate of authority is justified. (c) Kotico. The company shall be advised, in writing, of the time end placa of the informal hearing and shall be direct to bring a'll documents, records and other information as it nay find necessary and relevant to substantiate ite refusal to settle tlie claims nade against it by the Federal agency making the report under § 223.18(a). (d) Conduct of hearings. - * The hearing shall be con ducted by a hearing officer appointed by the Secretary. The company may be represented by counsel and shall have a fair opportunity to present any relevant material and to examine the agency’s evidence. Formal rules of evidence will not apply at the informal hearing. (e) Report. Within 30 days after the informal hearing the hearing officer shall make a written report to the. Secretary setting forth his findings, the basis for his findings, and his recommendations. A copy of the report shall be sent to the company. 5 223.20 Final decisions. If, after review of the case file, it is the judgment of the Secretary that the complaint was unfounded, the Secretary shall dismiss the complaint, by the Federal agency concerned and shall c o 'notify the company. If, however, it is the judgment of the Secretary that the company has not fulfilled its obligations to the complainant agency, he shall notify the company of the facts or conduct which indicate such failure mid allow the. company 20 »business days from, the date of such notification to demonstrate or achieve compliance. If no showing of compliance is made within the period allowed, the Secretary shall either preclude renewal of the company’s certificate of authority or revoke it. § 223.21 Reinstatement. If, after one year from the date of the expiration or the revocation of the certificate of authority, as the case may be, a company can show that the basis for the non-renewal or revocation has been eliminated and that it can comply with the. requirements of 6 U.S.C. 6 ~ 13 and the regulations in this part, a new certificate of authority shall be issued without prejudice. (5 U.S.C, 301; 6 U.S.C. 8.) Prior to the adoption of the proposed amendments, consideration will he given to written views or arguments submitted to the Cornnlssioner of Accounts, U.S. Department of tha Treasury, Washington 7 D.C. 20226, end received not later than 30 days fro*;i the publi- cation of this notice in the Federal Register. Pursijant to 31 C1?A 1.4(b), 36 FA 13335, comments submitted in respovise to this ■ ; f. ■ ■ »< : ' i'V'V ” *- 5 - :V;:y iiotice of proposed rule making are available to the public upon request: therefor unless confidential status for the submission has been r »quested and approved. (Signed) Joàn X. Carloot • Fiscal /Assistant Secretary Department of t h e f U U S U R Y ASHINGTON, D C 20220 TELEPHONE W04-204T i FOR IMMEDIATE RELEASE HR r July 18, 1975 TREASURY'S MONTHLY BILL OFFERING The Treasury Department, By this public notice, invites tenders for $1,800,000,000> or thereabouts, of 336-day Treasury bills for cash and in exchange for Treasury bills maturing July 51, 1973 The bills of this series will be dated , in the amount of $1,701,520,000. July 31, 1973 , and will mature (CUSIP No. 912793 TUO)» July 2, 1974 The bills will be issued on a discount basis under competitive and noncomIpetitive bidding as hereinafter provided, and at maturity their face amount will ihe payable without interest. They will bt 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, July 24, 1973. Tenders will not be received at the Treasury Department, Washington. must be for $5,000. a minimum of $10,000. 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. [not be used. Fractions may It is urged that tenders be made on the printed forms and forwarded in jthe 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 submit tenders except for their own pceount. Tenders will be received without deposit from incorporated banks and trust lompanies and from responsible and recognized dealers in investment securities, fenders from others must be accompanied by payment of 2 percent of the face amount F Treasury bills applied for, unless the tenders are accompanied by an express paranty of payment by an incorporated bank or trust company. (O V E R ) - 2- ]jmnedlately after the closing hour, tenders will he 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 $200,000 or less without stated price from any one bidder will be accepted in full at the average price (in three decimals) of accepted competitive bids. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on July 31, 1973 , in cash or other immediately available funds or in a like face amount of Treasury bills maturing July 31, 1973. tenders will receive equal treatment. Cash and exchange 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 122l(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, pre scribe 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. Deportment ofthe TREASURY HINGTON. D C. 20220 1 T ELEP H O N E W 04 204T RELEASE ON RECEIPT July 18, 1973 TREASURY SECRETARY SHULTZ NAMES VALERIE LEVITAN AS NEW CHAIRMAN OF NATIONAL ORGANIZATIONS COMMITTEE FOR SAVINGS BONDS Valerie Levitan, Ixtcutive Director, Soroptimist Federation of the Americas, Inc., Philadelphia, is newly appointed Volunteer Chair man of the National Organizations Committee for Savings Bonds by Treasury Secretary George P, Shultz, effective immediately. She suc ceeds Hugh H. Cranford, Executive Secretary, Optimist International, who had served as Committee Chairman since March, 1970. The National Organizations Committee is composed of the execu tive heads of 50 of the nation’s leading civic, service, veterans, and fraternal organizations, who work with the U. S. Savings Bonds Division to develop and s u s t a i n Bond Program interest in such organi zations nationwide. Ms. Levitan has served as the Soroptimist’s Executive Director since September, 1970. She was formerly co-owner, teacher, and as sistant principal of The Levitan School, Inc., an accredited twoyear business school. She is active in such civic, professional, and fraternal organi zations as: Conference of UN Representatives; Women’s Committee, President’s Committee, Employment of the Handicapped; Right to Read Conference, National Center for Voluntary Action; White House Con ference on Aging; Delaware Valley Society for Association Executives; founding President, U. of Pennsylvania and Alumnae chapters, Kappa Delta Epsilon, and Philadelphia branch, American Association of Uni versity Women. Ms. Levitan is a resident of center-city Philadelphia. She has two children -- Daniel, 17, who is entering Temple University, and Jeanie, 15, a student at Philadelphia High School for Girls. oOo FOR IMMEDIATE RELEASE July 18, 1973 WITHHOLDING OF APPRAISEMENT ON IRON AND SPONGE IRON POWDERS FROM CANADA Assistant Secretary of the Treasury Edward L. Morgan announced today a withholding of appraisement on iron and sponge iron powders (excluding alloy powders) from Canada pending a determination as to whether they are being sold at less than fair value within the meaning of the Antidumping Act of 1921, as amended. These powders are used in the powder metallurgy industry to fabricate a variety of pressure cast products such as gears, magnets, welding rods and various automotive components. The decision will appear in the Federal Register of July 19, 1973. 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 "Withholding 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 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. During the period of January 1972 through March 1973, imports of iron and sponge iron powders from Canada were valued at approximately $5.7 million. # # # DepartmentoftheTREASURY [HINGTON, 20220 T E L E P H O N E W04-2041 Ill FOR IMMEDIATE RELEAS.E July 18, 1973 The Chairman of the Federal Reserve Board and the Secretary of the Treasury have jointly issued the following Statement: "At the March 16, 1973 meeting of finance ministers and central bank governors in Paris, it was agreed that official intervention in foreign exchange markets may be useful at appropriate times to facilitate the maintenance of orderly market conditions. In view of the inherent strength of the dollar, and following consultations by the Federal Reserve, the Treasury, and representatives of other countries, inter vention by the Federal Reserve in the New York exchange market began on July 10. Active intervention will take place in the future at whatever times and in whatever amounts are appropriate for maintaining orderly market conditions." - S2 53 0 - Removal Notice The item identified below has been removed in accordance with FRASER's policy on handling sensitive information in digitization projects due to copyright protections. Citation Information Document Type: Transcript Number of Pages Removed: 6 Author(s): Title: "The Today Show" Interview With Treasury Secretary Shultz Date: 1973-07-19 Journal: Volume: Page(s): URL: Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Department of th e fR EA S U R Y Washington,d .c .20220 | TELEP H O N E W04-2041 m o .\ FOR RELEASE ON DELIVERY STATEMENT BY THE HONORABLE PAUL A. VOLCKER UNDER SECRETARY OF THE TREASURY FOR MONETARY AFFAIRS BEFORE THE SUBCOMMITTEE ON INTERNATIONAL FINANCE OF THE HOUSE BANKING AND CURRENCY COMMITTEE THURSDAY, JULY 19, 1973, AT 2:00 P.M. (EDT) Mr. Chairman and Members of the Subcommittee: In the year since the Subcommittee’s earlier hearings on progress toward international monetary reform, important steps have been taken toward the negotiation of a reformed world trade and payments system. New measures have also been introduced for handling the immediate monetary problems which nations faced. Consequently, the formal negotiating process has been paralleled by a pragmatic, evolutionary process. I believe these processes properly should react upon each other; in the negotiating process we should be sensitive to the political and economic realities exposed by events, while our reactions to those events should be shaped with an awareness of our longer run goals for the monetary system» S -2 5 3 2 The main steps taken during the past twelve months to move toward reform are, I am sure, already familiar to the Subcommittee: In July of last year, agreement was reached on a forum for the reform negotiations -the Committee of Twenty -- and the scope of their deliberations. This important procedural move gave assurance that the reform effort would be a comprehensive one, that the negotiations would be undertaken at a politically responsible level, and that the forum would be a limited but broadly representative group. The main technical work has been done by a subordinate committee of the Committee — the so-called Deputies -- under the Chairmanship of Jeremy Morse, formerly an Executive Director of the Bank of England. In September, Secretary Shultz, building in part on the expressed views of other nations, tabled a comprehensive and interlocking set of reform proposals. These proposals have since been elaborated in further detail. They take as one point of departure the concept that a system of stated exchange rates -- par or central values -- supported by convertibility into an international reserve asset should be the "center of gravity" of the new exchange rate regime. However, a substantially greater degree of flexibility in exchange rate practices than characterized the Bretton Woods System would be permitted, partly through wider margins around par values and partly through permitting countries to float in some circumstances under appropriate IMF surveillance. To support this exchange rate framework, the proposals envisage more effective disciplines to encourage prompt and effective restoration of balance in inter national payments, partly through the use of fluctuations in levels of international reserves as an "objective indicator" of adjustment needs. I believe these proposals - 4 - set forth a balanced, effective, and logically consistent system thatwould provide equitable and evenhanded treatment to all nations. These American proposals have provided a focus for much of the discussion. While no equally comprehensive set of proposals has been advanced as an alternative, other countries have pressed for modifications in some features; in some instances, they have set forth more sharply different views on one aspect or another of the system. A tentative ’'outline" has been developed for discussion purposes, attempting to identify points of consensus as well as the differences to be reconciled. I should also note that related to monetary reform — in two areas closely inter trade and investment ~ new important initiatives have also been launched in the past year. In May of this year, comprehensive trade legislation was submitted to the Congress, p 'U - 5 - to give the President necessary tools to engage in multilateral trade negotiations scheduled to begin formally in September. Other nations are also in the process of developing negotiating approaches. Consequently, prospects remain favorable that, as we reach conclusions on the monetary system, we can look forward to a reduction of trade barriers and the introduction of fair trading rules consistent with the objectives we seek in the new monetary order. Earlier this month, after extensive discussion, the OECD agreed upon a wideranging work program, that we hope can break new ground with respect to the issues associated with international investment, complementing the review of trade and monetary rules. I believe the Committee of Twenty is tackling the challenge of monetary reform in a workmanlike way. While frequency of meetings is no measure of progress, it is 6 perhaps a useful yardstick of the intensity and breadth of the effort. Since September the Deputies, coming together each month or two, have met for 15 days; several technical groups have prepared papers between meetings; and the Ministers have themselves held two meetings. A third Ministerial working session is scheduled for the end of July. I can well understand the concern and impatience for more visible evidence of concrete accomplishment in the form of a finished agreement. However, I have never felt it realistic to believe a new agreement governing our monetary relationships for a generation could be hammered out in a matter of weeks or months. The work of the past year has been, I think, an essential prerequisite for ultimate success: the debating of different concepts of reform; a technical analysis of alternative mechanisms; and a useful cross-fertilization of ideas and viewpoints. In the process, much has been learned by all the partici pants, and much of the underbrush cleared away, so that we can understand the fundamental points of consensus and where basic disagreements may still lie. It seems to me 7 essential, too, that both legislative and public interest be better focused on these issues, for agreements on the monetary system have important implications for the conduct of national economic policies and the relationships among nations. As part of the clarification of views on all sides, I believe there is now better understanding of certain points that we have emphasized in presenting our own proposals. Most importantly, we have insisted that the various elements in the monetary system -- convertibility, the exchange rate regime, the adjustment process, and the supply and the nature of irternational reserve assets — must be developed as part of a balanced and consistent whole. Thus, if a system of convertibility is to work effectively, we need a technique for assuring that the incentives to adjust apply not just to deficit countries losing reserves, but evenhandedly to surplus and deficit countries. The tolerance we wish to permit for temporary imbalances in the system -- and some tolerance is necessary -- must be consistent with the availability of reserves to finance ^balances. There must be a broad consistency between the 8 amount of reserves that countries in practice wish to hold and the availability in the system of such reserves. The assets used as international reserves should not be subject to speculative distortions, and must be available for nations to use freely and flexibly. Unless a new monetary system achieves such balance and consistency, new strains and breakdowns seem sure to arise. The necessary disciplines and pressures will bear unevenly on different countries. Instead of assuring a new stability, we will inadvertently create uncertainty and political tension. I believe it is fair to say that the members of the C-20 in principle have already reached certain more or less unanimous conclusions. We are joined in a search for more effective mechanisms to assure more timely and effective balance of payments adjustment operating symmetrically on both surplus and deficit countries -- the lack of which contributed heavily to the breakdown of the Bretton Woods system. There is a general willingness to accept the proposition that international incentives and pressures may be necessary to "discipline" the adjustment process. At the same time, most countries want to leave in the hands of individual countries as wide a range as possible of discretion as to how the adjustment is made -- while discouraging those forms of adjustment that damage the fabric of inter national trade and payments. We have agreed that the exchange rate regime should be based on stable but adjustable par values, with floating rates a useful technique in particular situations. We have agreed that there should be better international management of global liquidity, that the role of gold and reserve currencies should be reduced, and that a modified SDR (perhaps renamed) should become the principle reserve asset. We have agreed that more effective means are needed to deal with problems of short-term capital flows, although a considerable amount of disagreement remains as to the appropriate role of controls in that effort. 10 Agreement on these points is important and a source of encouragement. I do not, however, delude myself into thinking that the area of agreement on these points, important as they are individually, is enough to ensure the over-all consistency, balance, and coherence of which I spoke. In particular, we have much ground to cover to make these principles operational, in the sense of specific and defined rules of behavior acceptable to all. As one illustration, in concept we all want a better process of balance of payments adjustment. But in practice, that dull and abstract phrase "balance of payments adjust ment" translates into difficult economic judgments and sensitive political issues for any government. Who is to decide what action will be taken, when, and by which country? In practice, we need to find workable answers to those questions, and answers satisfactory to the trading community as a whole, as well as to individual nations. We must, for instance, settle the appropriate scope for national discretion, the role of the International Monetary Fund, and the extent to which "objective indicators" can be usefully employed. In all these areas, a full consensus has not yet been reached. /f 11 The target we set last September was to reach agreement on the broad outline of reform by next September's IMF meeting in Nairobi. Our objective, befc^§nnhb$n£ M o:i eds^idßra as feasible, so that work can proceed on the operational rules to implement those principles. 3 As this implies, Nairobi will not end the work of reform; under the most favorable of assumptions, there will be> iscich[:lÄÖ^ßfb ^ ¥ J4fBt?e1,° by way of forging the operational rules^ a n d - r j p c W bhrÿ legislative action. For this reason, it is of particular importance that Vf; we have a workable interim system while we proceed with refbritf; In the past two years the monetary systtem hasJbeen < j%&l3:e3lsr*'i to sharp upheaval and unprecedented chang&siBrl- JiW0 Q®iag%# rency realignments,, including substantial devaluations of -thè0-^ dollar, and more recently decisions by a number of the major 38 industrial nations to allow their currencies jointly or in dividually to float. -•xs.fia arid dsjid 9don blnow The genera.], arrangements under whiaha^c^uBÎbé^^of ^tKÎs^^^09 currencies are floating were worked out at a joint meeting of5 the Group of Ten and the European Community last March 16. ^ srn 12 The participating governments made clear that while they assumed no general obligation to intervene in exchange markets to ied margins, official intervention in ^£g|^igq£exeh§qge $§rjkets could be useful at appropriate times to facilitate the maintenance of orderly market conditions. That understanding and undertaking guides and motivates our approach toward intervention. To assure our con^^pingc<^P^ityiDte carry out such operations, reciprocal credit: Jac^lifijes;,ha;ve; been enlarged. Since March there have been sizable movements in some market exchange rates, particularly between the dollar and some European currencies. I believe, and many others believe, thartcithe appreciation no£ certain currencies vis-a-vis the dolias hgS.smoved far&hfir than warranted or needed to restore long-term international payments equilibrium, including specifically equilibrium in our own balance of payments. In appraising the recent movements in exchange rates, I would note that the sharp moves have been confined almost entirely>:jtq the European countries participating in a joint -- the so-called nsnake.M Indeed, the dollar has re mained rather steady for months against the currencies of 13 countries accounting for some three-quarters of our trade. This includes our major trading partners outside Europe — Japan, Canada, and most of the developing countries -- as ... ,.......iW - it. , aonBdtttocfm i: s r i J well as some important European countries, for example, the U.K. and Italy. In appraising this recent experience, I would draw several conclusions of relevance to longer term reform: xoiii a ui> ‘j. First, in a situation marked by large payments .. ¡31 still' 3.D disequilibria built up over a long per iod of time, with accompanying uncertainties and speculative tendencies, attempts to maintain fixed currency relationships led to repeated -frnir DjiHonooe I |j •J j strains and crises. ... These strains were i ij, r , mi '-bis y£onnzrm,& aggravated by the fact that the disequilibria strongly affected the main currency of the system — the dollar. In a situation of this sort, in contrast to the available altemar ............ ,. n q 3 on ob y s n l tives, the floating of currencies has provided . ogtt gk&f v id B ilO o B S S bnB a broadly acceptable modus operandi during the period before equilibrium can be restored, and the present evidence suggests flows of trade - 14 and long-term investment have not been seriously affected. Second, I believe this experience underlines the importance, in terms of achieving more stable currency relationships, of establish ing equilibrium in the payments of the United States. No international monetary reform can substitute for that requirement. We can, as part of the reform process, reduce the degree to which the system has been dependent on the dollar, but we cannot escape the facts that the United States will remain the largest economic unit, and that the health of our currency is important to other countries as j, rriLTosaib sdb well as to ourselves. Third, the interim arrangements now in place are not a substitute for long-term reform. They do not provide the framework of agreed and reasonably clear rules needed to meet the longer term requirements of the system. is the task of reform. That - 15 Fourth, as implied by my earlier remarks, the difficulties we have encountered demonstrate the dangers of allowing payments imbalances to build up over an extended period. Although the February devaluation was almost universally regarded as adequate, the inevitable lag in its effects and the resultant period of uncertainty until those effects can show through fully, have contributed to the market disturbances which followed. This underscores the need for effective incentives for countries — for the U.S. as well as others - - t o adjust promptly to emerging disequilibria. This, again, is the task of reform. Fifth, the instability of the private market for gold, with sharp gyrations in its price, has demonstrated again the unsuitability of that metal as the central reserve asset of a new system. Finally, while a number of countries have increased the use of controls on short-term 16 capital in an attempt to deal with the massive flows of mobile funds which can occur in today's world, the limitations on the effective ness of such controls have been demonstrated once again. Such controls do not appear to be an adequate response to the problem of specula tion and imbalance. I noted earlier that the Ministers will be meeting in Washington at the end of this month. This meeting is designed to encourage a full and frank exchange of substantive views on the issues developed by their Deputies. You should not anticipate immediate resolution of the issues on the table, for the meeting is not intended to force agreement where basic issues are unresolved and differences in approach and analysis remain evident. In other words, it is a working, preparatory meeting, rather than a meeting for reaching final conclusions or for laboring over a vague communique. We do believe it can be an important meeting, in the sense that responsible political officials need an opportunity to explore the principal problems and possibilities fully and informally together, testing their thinking, one against - 17 - another, before sound conclusions are possible. We also anticipate that the Ministers, on the basis of their dis cussion, will want to set out a work program for Nairobi and beyond. In this manner, I believe the process of developing the needed consensus on monetary reform is proceeding. I particularly welcome this opportunity to explore the issues with you today, for no one could be more conscious than I that our efforts must rest on a broad base of legislative and public support. ooOoo Department oftheTREASURY ASHINGTON, D ,€ . 20220 \ T H E P H O iy f W 04 2041 FOR IMMEDIATE RELEASE July 19, 1973 TREASURY ANNOUNCES REDUCED TIME FOR PROCESSING CASES AND INCREASED ANTIDUMPING DECISIONS Assistant Secretary of the Treasury Edward L. Morgan announced today that during FY 1973 the average time for processing antidumping cases has been reduced over 50 per cent from the time required in FY 1968. The average number of days Treasury took to complete an antidumping investigation in FY 1968 was 560, with some cases taking 2 years or longer. During FY 1973 the average completion time was reduced to 270 days. Mr. Morgan cred ited the "concentrated effort by the Treasury to revitalize the administration of the Antidumping Act in defending American industry and labor against unfair foreign pricing practices" for achieving these improved results. "Long investigations," he pointed out, "are bad for all concerned the domestic complainant who is seeking a speedy remedy if dumping is, in fact, taking place; and the foreign manu facturer and American importer, who wish to know as soon as possible where they stand in terms of the complaint so that they can properly price their merchandise in selling to American firms." Mr. Morgan, in releasing statistics on the number of cases processed from FY 1967 to FY 1973, also reported that due to a decline in the number of antidumping complaints received, 12 less cases were initiated in FY 1973 than FY 1972. However, there was a continuing increase in the number of decisions made under the Act, an increase of 6 from FY 1972, and 31 more than were made in FY 1967. oOo Tables attached 2 AVERAGE NUMBER OF DAYS FOR PROCESSING ANTIDUMPING CASES AT TREASURY ______BY FISCAL YEAR INITIATED_____ Year Davs 1968 560 1969 540 1970 483 1971 364 1972 357a/ 1973 270^/ a/ Includes three cases which were delayed pending resolution of a novel issue under the Antidumping Act, the treatment of below cost sales. Although final action has not been taken on these cases, a tentative action has been taken. For purposes of this table, it has been estimated, based on past experience, that final action will occur 3 months after the tentative action. b/ Eight of the 27 cases intiated in FY 1973 had been completed at Treasury by the end of the fiscal year. Tentative action had been taken in two cases. Using the assumption in footnote a/, a good estimate was obtained for their final completion times. ACTIONS TAKEN UNDER THE ANTIDUMPING ACT OF 1921, AS AMENDED Fiscal Years 1967-1973 Fiscal Year Invest. Initiated Total Final Determinations Actions by of Sales at Less Treasury Than Fair Value Determinations of Final No Sales at Less Than Fair Value Discontinuances* Findings < Dumping 1967 10 11 1 10 - 1 1968 15 16 6 10 - 1 1969 22 6 1 5 - 5 1970 26 24 7 17 - 6 1971 23 23 14 6 3 7 1972 39 36 23 5 8 18 1973 27 42 25 11 6 8 ♦Discontinuances were not issued prior to FY 1971 Dtpartment ofIh e JR EA S U R Y ASHIN6T0N, DC 20220 TEtEPKONE W04-2041 II FOR RELEASE FRIDAY, JULY 20, 1973 MAY 1973 RESIDUAL OIL PRICES MIXED The average price of East Coast tanker, pipeline and barge quantities of residual fuel oil delivered to purchasers for resale went from $4.01 a barrel in April to $4.02 a barrel in May, according to Treasury Department Deputy Secretary William E. Simon, who also serves as Chairman.of the President’s Oil Policy Committee. The average price of residual fuel oil picked up by purchasers for resale increased from $2.91 a barrel in April to $3.00 a barrel in May. This oil averaged a lower price than others because of sulfur content and other characteristics. Tanker and pipeline deliveries to East Coast electric utilities averaged $4.00 a barrel in May, an increase of 11 cents from April. For tanker, pipeline and barge quantities, East Coast marketers paid an average of $4,13 a barrel for residual fuel oil with sulfur content of one percent maximum, a decrease of nine cents from April; $2.89 a barrel for oil with sulfur content of 1.5 percent through 2*2 percent, an increase of five cents; and $2.84 a barrel for oil with sulfur content over 2.2 percent, an 11 cent increase. The survey is part of the surveillance under the Presidential Proclamation on oil imports. This report is limited to No. 6 residual fuel oil, both domestic and imported. Excluded are intracompany business, sales to the Department of Defense, and sales outside the U. S. These results are obtained from the summation of individual company submissions and include business on contracts of various vintages and spot transactions. A tta c h m e n t S-252 DEPARTMENT OF THE TREASURY SURVEY OF NO. 6 RESIDUAL FUEL OIL 1/ 2/ 3/ EAST COAST SALES , REVENUE AND COSTS PER BARREL , BY REGIONS MAY 1973 PART I. All Regions (1) (2) Delivered Picked up to by Purchaser Purchaser SALES A. To resellers: 1. Tanker, pipeline or barge 2. Truck or tank car Region A (45 <3) Picked up Delivered by to Purchaser Purchaser Region B (6) (5) Delivered Picked up by to Purchaser Purchaser $4.02 4.44 $3.00 4.07 $4.06 4.61 4/ $NR3.78 $4.80 4.55 $NR 5.00 4.00 3.93 4.10 4.60 4.57 — 4.56 NR NR NR NR -- 4.22 4.36 -- C. To other consumers: 1. Barge 2. Truck or tank car 3.80 4.42 3.17 3.44 4.67 4.60 NR 2.86 4.45 4.85 PART II. PURCHASES BY MARKETERS Tanker. Pipeline or Barge All Regions B. To 1. 2. 3. electric utilities: Tanker or pipeline Barge Truck or tank car •'v:’* Sulfur Content: A. 1% maximum B. Over 1% thru 1.5% C. Over 1.5% thru 2.2% D. Over 2.2% K $4.13 — 2.89 2.84 Region C (8) (7) Picked up Delivered by to Purchaser Purchaser Region D (10) (9) Delivered Picked up by to Purchaser Purchaser $NR 4.36 $4.00 4.00 $NR 3.62 — NR -- 3.51 3.70 NR 4.58 gjf- 3.35 3.68 4.06 NR NR NR 4.50 3.73 4.19 2.93 3.50 2.80 3.43 3.22 3.00 Region A Region B Region C $4.21 -- $4.17 ““ $4.11 NR NR NR NR — NR Region D $NR NR 2.87 $NR 3.09 2 APRIL 1973 PART : I. SALES A. To resellers: 1. Tanker, pipeline or barge 2. Truck or tank car All Regions (1) (2) Delivered Picked up to by Purchaser Purchaser $4.01 4.42 Region A (4) (3) Picked up Delivered by to Purchaser Purchaser $2.91* 4.14 $3.89 4.63 $NRr7 3.83 Region B (6) (5) Delivered Picked up by to Purchaser Purchaser $4.41 4.60 $NR 5.00 B. To electric utilities: .1*,. Tanker or pipeline : 2. Barge 3. Truck or tank car 3.89* 4.05* 4.04 4.31 4.57 -- 3.95 NR NR NR NR — 4.11* 4.44* — NR -- C. To other consumers: 1. Barge 2. Truck or tank car 3.77 4.44 3.15 3.55 4.65 4.62 NR 2.95 4.32 4.95 NR 4.59 PART II. PURCHASES BY MARKETERS Tanker, Pipeline or Barge All Regions Sulfur content: A. 1% maximum B. Over 1% thru 1.5% C. Over 1.5% thru 2.2% D. Over 2.2% $4.22* — 2.84 2.73 Region A Region B $4.18 $4.40* — • NR NR NR NR Region C (8) (7) Picked up Delivered by to Purchaser Purchaser Region D Delivered to Purchaser (10) Picked up by Purchaser $NR 3.08 m $NR 4.20 $3.51 3.86 $NR 3.71 3.39 4.00 NR 4,54 — 3.55 3.78 3.99 NR NR — 3.70 4.28 2.84 4.03 2.80 3.19 NR 2.96 Region C Region D $4.07 - -- $NR — NR NR NR * Revised JL/ Excludes intracompany transactions in which exchanges of goods and/or services are significant, sales to the Department of Defense, and sales outside the United States. 2/ Reflects all allowances and charges, including delivery charges of vendor. 3/ Regional classification by destination. Regions consist of: A, New England; B, New York and New Jersey; C, Pennsylvania, Delaware, Maryland, District of Columbia, and Virginia; and D, North Carolina, South Carolina, Georgia and Florida. 4/ NR - not released in order to avoid possible disclosure of individual company information W A S H IN G T O N July 17, 1973 Dear Mr. Chairman: At the direction of the President, I hereby enclose a letter relative to testimony by the Secret Service to Congressional Committees. Sincerely yours, (Signed) George P. Shultz George P. Shultz The Honorable Sam J. Ervin, Jr. Chairman, Senate V7ater gate Committee United States Senate Washington, D.C. Enclosure T H E W H IT E H O U S E W A S H IN G T O N July 16, 1973 D e a r S e c r e t a r y S h u ltz: . I h e r e b y d ir e c t th a t no o ffic e r o r a g e n t o f the S e c r e t S e r v ic e s h a ll g iv e ,te s tim o n y to C o n g r e s s io n a l c o m m itte e s c o n c e r n in g m a t t e r s o b s e r v e d or le a r n e d w h ile p e r fo r m in g p r o te c t iv e fu n c tio n s fo r the P r e s id e n t or in th e ir du ties a t the W h ite H o u s e . T h is a p p lie s to th e Se n a te S e le c t C o m m itte e w h ich i s • in v e s tig a tin g m a tte r s r e la tin g to th e W a te r g a te b r e a k -in and th e c u r r e n t e ffo r ts w h ich I a m in fo r m e d a r e b e in g m a d e to subpoena p r e s e n t or fo r m e r m e m b e r s o f the W h ite H o u se d e ta il o f the S e c r e t S e r v ic e . Y o u w il l p le a s e c o m m u n ic a te th is in fo r m a tio n to the D ir e c t o r o f the S e c r e t S e r v ic e p r o m p tly and e ith e r you or he sh o u ld then p e r s o n a lly n o tify th e C h a ir m a n o f the S e n a t e 'S e le c t C o m m itte e . Y o u sh o u ld fu r th e r a d v is e the C h a ir m a n th a t r e q u e s ts fo r in fo r m a tio n on p r o c e d u r e s in th e W h ite H o u se w ill be g iv e n p r o m p t c o n s id e r a tio n w hen r e c e iv e d b y m e . H o n o ra b le G e o r g e P .. S h u ltz S e cre ta r y . „ T r e a s u r y D e p a r tm e n t W a sh in g to n , D.^C. mmm Deparlmentof th e T R E A S U IlY OFFICE OF REVENUE SHARING v' ^ “-^ÉÊÊÈÊSÊËgÈÊÊIm çt FOR INFORMATION, CALL (202) 634-5248 FOR RELEASE,TUESDAY, JULY 24, 1973, A.M. Estimates of general revenue sharing payments to be made in fiscal year 1974 to more than 38,000 state and local governments were announced today by the U.S. Treasury Departments Office of Revenue Sharing. Totalling $6.055 billion, payments will be made quarterly in October, 1973 and January, April and July, 1974. The amounts to be distributed in the fourth entitlement period were printed on Planned Use Report forms mailed to all state, county and local governments. Recipients are required by law to report their plans for use of fourth entitlement period money to the Office of Revenue Sharing by September 20, 1973* A copy of the report must be published by each recipient in a local newspaper of general circulation. The legislative history - 2 - of the State and Local Fiscal Assistance Act indicates that Congress included the reporting requirement to provide citizens with information needed to participate in local decision-making about uses of shared revenues. In announcing the entitlements to be paid over the next twelve months, Graham W. Watt, Director of the Office of Revenue Sharing, described the factors that went into the cal culations of the amounts. They were the following: -- a. $413 million increase in the total amount to be distributed in fiscal year 1974 over fiscal year 1973. This increase is provided in the five-year schedule of appropriations approved in 1972. -- release of funds totaling $160 million withheld in the first and second entitlement periods. One percent of first entitlement period funds and five percent of second entitlement period appropriations had been reserved by the Office of Revenue Sharing to make adjustments as data were improved and used to compute final entitlements. -- establishment of an Obligated Adjustment Reserve. One-half of one percent of appropriated funds will be set aside in each period to make individual adjust ments that may be required after the close of an entitle ment period. -3“ f c .( Lr -- introduction of more current data not previously available to calculate entitlement amounts. New data for taxes and intergovernmental transfers were used to calculate the estimates announced today. These data had not been available from the Bureau of Census when previous entitlement amounts had been calculated. -- changes in the numbers of eligible jurisdictions. Newly P incorporated, merged and disincorporated governments have changed the total number of units of governments eligible to receive shared revenues. A few jurisdictions have waived participation in the program. Secretary of the Treasury, George P. Shultz, appointed Graham W. Watt as Director of the Office of Revenue Sharing shortly after President Nixon signed the State and Local Fiscal Assistance Act, in the fall of 1972. Since the inception of the program, the Office of Revenue Sharing has distributed $8,121 billion of the total $30.2 billion appropriated for five years. oOo |^■;4fÿ?s ^ïi I1I11IB1 iâjMi ;VT OP ÉSlÉï KSHINGTON, D.C : 2Ô22Ô T E L E P H O N E W 04-2041 s>-: '-.:.V * -t: ' «*2%'’ ■•v ¡K& *tî v.;v;^X\l<~;.w'' ;,: i'V.-ÿ, J - ) ¿ ¿ i , ■i - ■ • • ' -X-li-} > •M j i- » J i ï œ S S ' , W f V j* '* !? i-%p i /. MEMO TO CORRESPONDENTS: ^ w & ' %1fc£afe? f> im m fefc/789 July 19, 1973 Attached is a notice that appeared in the Federal Register of Thursday, July 19, 1973. It deals with Treasury's handling of national security information. ?11 oOo 19322 RULES AND REGULATIONS f31-“-Money: and finance: Treasury Subpart D—Downgrading *nd Declassification Subpart K— Administrative and Judicial Action isec.'w".. ■ I ec. A—-OFFICE OF T H E SECRETARY S 2.30. Authoritytodowngrade and declassify. 2.110 Enforcement policy. OFTHE TREASURY § 2J31 Guidelines for downgrading and'de- 2.111 Applicability. ;; ' 2.112 Disciplinary action.’ w' classification. ; PART 2— classification, downgrad , ing, DECLASSIFICATION AND SAFE 2.32 Dates or events carried forward. ' A p p e n d i x " A— T r e a s u r y D e p a r t m e n t O b o e r GUARDING OF NATIONAL SECURITY 2.33 General Declassification Schedule. > * v i N o . 160, R e v i s e d , D e l e g a t i o n or A u t h o r .34 Exemptions from General Declassifica- r r r . concernxng I mplementation op E x INFORMATION-AND MATERIAL —v : 2v .tion Schedule.. A -y'i- *}/ ecutive O rder 11652, as amended, and t h e This document puts into the form of 2.35 .Applicabilityofthe General Declassifi- ' ■ N S ecurity Directive op May 17, oation Schedule to previously clas- 19ational regulations the Department of the Treas 72V/. -. _1 i ury procedures for the classification, . ~V slfiedmaterial.'t « 55 ..V.: 2 . 3 6 Mandatory r e v i e w o f m a t e r i a l o v e r t e n A u t h o r i t y :' E . O . 1 1 6 5 2 , 37 FR 5209; Na downgrading, declassification and safe -:V;■yearsold. ' ^~ **■*% tional Security Council Directive of May 17, guarding of national security informa 2.3 7 Declassificationofmaterial over thirty 19.72,37 FR 10053.. . - v tion and material, required under Execu .years'old. . tive-Order 11652, 37 FR 5209, and the 2.38 Automatic declassification of thlrty- ‘ i Subpart A—General Provisions National Security Council Directive of year-old material- originated aftery § 2 . 1 r P u rp o se . Wm June 1,1972. May 17,1972, 37FR 10053. These regula 2 . 3 9 S y stematic review of thirty-year-old The purpose' of the regulations in this tions incorporate and revise the proce - material originated before June;1, rpart is to insure that information or ma dures on this subject embodied in Treas ‘ 1972.% |gj terial originated within the Department ury Department Order No. 160, Revised,, ' 2.40. Mandatory review' of material over i of the Treasury which requires classifica of August 3,. 1972, 37 FR 20990. That > \> .thirtyyearsold. §1 .. | 'Z r ;'/'| Treasury Department order is super 2.41 Departmental Committee on National tion in the interest of national security is classified in accordance with the proseded by these regulations as of their t '■Security Information.. ‘ i:' ?visions of Executive Order 11652, 37 FR -.-...- ||| effective date, July_l, 1973. A new Treas 2.42 “Burden ofproof.- v ury Department Order No. 160, Revised, 2.43 Notificationof change in classification 5209, and the National Security Direc -or of declassification. || tive of May 17,1972,37 FR 10053 (hereinis being issued contemporaneously with • Iafter referred to as the Executive Order these regulations to provide appropriate 2.44-2.49 [Reserved] * ; and Directive), as supplemented by the delegations of authority under the Exec-i V- fS T O P B Subpart E-rAeeess - -i. regulations in this part, and that official utive Order, the Directive and these 2.50 General."V,-.O.'L' regulations. ■ r., ;; 2.51 Access by historical researchers. : l* • information and material originating in These regulations have been approved 2.52 Access by certain officials and em- or coming under the control or jurisdic t ployees of Federal Reserve Banks. tion of the Department of the Treasury, bythe Interagency Classification Review Access by former Presidential ap- which is classified in the interest of na Committee, as required by the Executive /2A3 ,•.-.v- pointees. . security and in accordance with Order and directive. They are issued pur-" 2. 54 Dissemination by the Department of tional the provisions of the Executive Order and suant to 5 U.S.C. 553 without notice of classified information .or material Directive, is protected, but only to the proposed rulemaking and without a 30originated by another department. extent and„for such period as is necesday delay in their effective date, as they i 2.55-2.59., [Reserved] rsary. In addition, these regulations estabare rules of agency organization, pro Subpart F—Accountability ' s •lish -a* monitoring system to insure the cedureandpractice. 2.60 Top SecretControlOfficers. effectiveness of this security program In consideration of the foregoing, 31 2 . 6 1 C o n t r o l o f Top S e c r e t m a t e r i a l . ; ; throughout _ the Department of the CFR, Subtitle A, is amended by adding 2.62 Accountabilityofclassifiedmaterial. Treasury.-■ Part 2 to read as follows: | 2.63 .Restraint on reproduction. ; \ , Subpart A—General Provisions \,V 2^4 -Data IndexSystem. § 2.2 Definitions. | ; 2.65^-2.69. [Reserved] 1 \ Sec. f . J -"I H As used in the regulations of this part 2.1 'Purpose. '’ ’/ s Subpart G— Safekeeping and Storage the following terms shall have the mean 2.2 Definitions. ’ 2 . 7 0 G eneral p o l i c y v ' * ; ing indicated: 2S Responsibility for implementation. 2.71 Standards for storage equipment. . (a) Classification. The determination 2.4 Material restricted under the Atomic' 2 . 7 2 S t o r a g e o f c l a s s i f i e d m a t e r i a l . that official information or material re Energy Act. .73 Security stm-ageequipment, i2S Specialdepartmentalrequirementswith 2 quires, in the interests of national secur 2 . 7 4 C l a s s i f i e d document c o v e r s h e e t s . respect tomaterialor information'or 2.75 Responsibilities ofcustodians. ity, a specific degree of protection against 1'material relating to Intelligence or 2.76 Reportoflossorcompromise. Unauthorized disclosure, coupled with a k ''cryptography. .77 Inquiry. '' c. ' ^^ ' v• designation signifying that such a deter 2.6 Material or information furnished by a 2 2.78-2.79\ [Rre. s> e >ig v mination has been made. ';rv-ed] i.• «•f foreign government or international ; . i (b) Classified information. Official in Subpart H—Transmission organization. formation or material which has been 2-7 Exemption from public disclosure. 2.80 General policy. ■ ;2S Bureau responr-Mlity.' * determined by an appropriate authority 231 Preparation. ' -. v -• 2S.Individual responsibility. ' !2.82 TransmissionofTopSecret. to require, in the interests of national security, protection against unauthorized ^**part B—Security Classification Categories 2.83 Transmission of Secret. 2.84 Transmlsslon of Confidential. disclosure and which has been so desig i2.10'GeneraL l 11 ission by personnel in travel nated. I2*1® Thp Secret. - ; ' 2.85. Transm s t a t u s . 2.12 Secret. - ■*; • ' (c); Classifier. An individual who de 2.86 Telecommunications transmissions. [2 .13 Confidential. termines that official information or ma 2 . 8 7 — 2 . 8 9 [ R e s e r v e d ] ; •2.14-2.19 [Reserved]- .• ' ' terial, not known by him to be already Subpart I—Destruction of Classified Information classified, currently requires, in the in Subpart C—Classification and Markings • , . and Material terests of national security, a specific de If? ^^gioai classification authority. 2.90 Methods ofdestruction. Records of officials with classification 2.91 Approvalofuseofmulchingandshred- gree of protection against unauthorized •299 S a"thorityding machines. * , disclosure and, having authority to do so, I ®uideliuesfor classification. designates that official information or 2.92 Destructionby burning., < 9 9I ®?r ivaMve classification. r* ,_i>V 2.93 Records of destruction. : " . material as Top Secret, Secret, or Con I Marking of documents. 2.94 Destruction of nonrecordmaterial. fidential. I, Classification, markings on documents. 2.95-2.99 [ReservedJ Cd) Compromise. The known or sus [2 ® Additional warning notices. Subpart J—Training and Orientation pected exposure of classified information I-, P7®**1*marking and page marking. 2.100 Briefing ofemployees. or material to an unauthorized person, I Marking 6f material other than docu- .2.101 Debriefingofemployees. ' < f (e)' Declassification. The determina | ments. 2.102 Departmental administration. ' tion that particular classified informa | -29 Downgrading, declassification and up- 2.103 Bureau administration. ? . grading markings. »• - 2.104^-2.109 (Reserved] v. aaE tion or material no longer requires, in Title SUBTITLE FEDERAL REGISTER, VOL 38, NO. 138— THURSDAY, JULY 19, 1973 i V . RULES AND REGULATIONS ^ he interests of national security, pro- quirements that another department or sècurifcy shall be classified in one of three ‘Ttion against unauthorized disclosure, agency may impose as to classified infor categories, namely. Top Secret, Secret, or loupled with a removal or cancellation mation or material relating to com Confidential, depending upon the degree munications Intelligence, intelligence of its significance to national security. No oí theclassification designation. |(f) Departmentg The Department of sources and methods, communications other categories shall be used to identify fe Treasury, including all bureaus, of | security,'cryptography, and related mat official information or material as requir fices, services and divisions.' *.\v ters originated by th%t department or ing protection to the interests of national 1(g) Doumgrading. The determination ; agency.security, -except' as otherwise expressly \at particular classified information or § 2.6 Material or information furnished provided by statute.-/'^ ■ ■ yxy-x^yy- v; Material merits a lower degree of protec; by a foreign government or interna § 2.11 Top Secret, * ; V ' ; ‘ fconagainst unauthorized disclosure than tional organization. ¿A irrently provided, coupled with a chang := Top Secret refers to. that national ing of the classification designation to ; ; Classified information or materisil fur security information or material which nished to the United States by a foreign requires the highest degree of protection. Trflect such lower degree. " ■ ih) information. Knowledge which can. government or an international organi The test for assigning a Top Secret clas ;becommunicated by any means. í . sation *shall "either retain ; its original sification shall be whether its unauthor ■ Ü) Material. Any document, product, classification or be assigned a' United ized disclosure could reasonably be ex forsubstance on or in which information States classification. In either case, the pected to cause exceptionally grave dam classification shall assure a* degree of age to the national security. Examples mayberecorded or embodied. f(j) National security. ■ Atiy matters protection equivalent to that required of “exceptionally grave damage” include earing directly on the effectiveness of by. the govëmment or international or armed hostilities¡$against ;the United |henational defense and the conduct of ganization which furnished the informa States or its allies; disruption of foreign t,/y:-. yyJfo foreign relations of the "United tion or'material. relations vitally, affecting the national States. ' *§ 2.7 Exemption from public disclosure. ' security; the compromise of vital na j(k) Nonrecord, material. Extra copies Official information or material, which tional defense plans or complex crypto End duplicates, Shorthand notes, pre- has been classified to accordance with logic and communications intelligence Iminary drafts, used carbon paper, one-; the revelation of sensitive in the provisions _the Executive Order systems; fcmetypewriter ribbons, and other mate- and Directive, of telligence operations; and the disclosure is expressly exempted pals of a similar temporary nature.; f oqpL public *disclosure by section./552 of scientific or technological develop■ fl) Record material. AH documentary î•fr (b) (1) of title 5, United States Code. - ments vital to national security. This ffaterial made or received by a depart- Wrongful disclosure of such information ..classification shall be used with the Bient or agency of the Government in of material is. recognized in the Federal utmost restraint.,. / ■ ■ mnection with the transaction of pub Criminal Code as providing a basis for § 2.12^/Secret, y lic business and preserved as .evidence" % , &&&*. §2 Secret refers to that national security rbf the organization, functions, policies, .prosecution. ■ :f« - information or material which requires a Operations, decisions, procedures or other, § 2.8 -Bureau responsibility. ^ activities of any department or agency Each , bureau head shall designate a -substantial degree of protection. The test of the Government, or because of the ... member or members of his staff to con- for.assigning Secret classification shall jmfonnational value of. the data, con-;' duct.a continuing review, of the imple- " be whether its unauthorized disclosure ffeined therein. ' “ > mentation of., the Executive Order and could reasonably be expected to cause 3 Restricted data. All data (infor- Directive^ and these regulations within serious damage to the national security. ■ ation) concerning: . his bureau. The Office of Administrative Examples of “serious damage” include ■ ^(1) Design, manufacture, or utiliza- Programs, Assistant Director,-(Physical disruption of foreign relations signifi ponof atomic weapons; gjMj ; Security) shall coordinate-bureau re- cantly affecting the national security; Bf2) The production of special nuclear views and is authorized to determine pe- significant impairment of a program or material; or . I riodic or special reports, which may be policy directly related to .the national f§ hse of special nuclear mater -required.. Copies of all régulations and security; revelation of significant mili nai in the production of energy, but not procedures of general applicability issued tary plans or intelligence operations; and jo include data declassified or removed , by heads of bureaus' shall be forwarded compromise of significant scientific or horn the Restricted Data category pur- tothe Office of Administrative Programs, technological developments relating to Igaot to section 142 of the Atomic Assistant Director (Physical Security). national security. The classification Se ■ nergy Act, as amended, 42 UJS.C. 2162. cret shall be sparingly used. § 2.9 Individual responsibility. B2.3 Responsibility for implementation. § 2.13 Confidential. /: / . Each employee, special Government J¡Tbe Assistant Secretary for Adminis- employee, or consultant and each indi Confidential refers to that national wauon shall be respoi : hie for insuring vidual permitted access to classified in security information or -material which ton tlVe.compliance wiih the implemen formation or material shall comply with requires protection. The test for assign to?0*°I í?e ^ecuWve Order and Direc- the requirements of these regulations. ing Confidential classification shall be lve an<1the regulations of this part. The collection, obtaining, recording or whether its unauthorized disclosure could Material restricted under the removing for any personal use whatso reasonably be expected to cause damage .. • . I At°nnc Energy Act. > ; \ ever, of any classified information or to the national security. material is prohibited. A holder of classi §§2.14-2.19 [Reserved] these regulations shall súinformation or material shall observe SdeTthfX re^uirements made by or fied and respect the classification assigned Subpart C— Classification and Markings Kttnenrt^6 Energy Act of 1954, as by the originator. If a holder of classi § 2.20 Original classification authority. Bf®8®cL Restricted Data” and mateinformation believes that there is The authority to originally classify of hata'* P8 “formerly Restricted fied Ked ^^^ied, protected, clas- unnecessary classification, that the as ficial information or material is re iwiformit^fífí^ and declassified to signed classification is improper, or that stricted to the officials authorized under 4tomlr -evL the provisions of the the document is subject to declassifica -Appendix A of these regulations. The [and thA1161^ iAc^ i1 ® 54*as amended, tion under the Executive Order, the authority inheres to the office and may be exercised by the person acting in that iergy CoSSom 118 °f ^ At0mlC holder shall so Inform the originator. -office. Officials authorized to classify in î . Subpart B—-Security Classification formation or material as Top Secret or departmental requirements " .. . u . Categories Secret shall not redelegate such author i terinireSiPeí:t to information or ma- §2.10 General. - • ity. However, as provided by Appendix A, [ tography!*1" 6 l° in te lliSe n ce o r « 7 P ; Official information or material which such officials are authorized to delegate ^ these regulations shall pro- requires protection against unauthorized Confidential classification authority Pliance with any special re-. disclosure to the interests of national Delegations of such authority shall be W FEDERAL REGISTER, VOL 38, NO. 13B— THURSDAY, JULY 19, 1973 19324 RULES ÀNDYREGULATIONS reported in writing to the Assistant Se- roriginal classifier When known, 'Tn ! ¿11 '(TOP SECRET, SECRET ORiOONDFIDENtcretaryior Administration. These delega- bases, the'official responsible for execut-* TIAL) CLASSIFIED BY ___ :tions shall be limited to the minimum ing the "classified by" line on the stamp EXEMPT FROM GENERAL DECLASSIFICA Inumber absolutely required for efficient shall establish and retain adequate rec TION SCHEDULE OF EXECUTIVE ORDER 11652 EXEMPTION CATEGORY (§5B (1), ^administration. 1 ords to support his action. (2). (8), or (4)) AUTOMATICALLY DE§2.21Record of officials with classifica- § 2 .2 4 M ark in g o f docum enta. ’ . vi •■CLASSFIED ON__ __________ ... tion authority., • ’*-4.-,-.vv,;r',v (effectivedateorevent,ifany) / Ha) Purpose of designation. Designa The Assistant Secretary for Adminis-. tion by physical marking, notation or The "Restricted Data” and "Formerly tration shall maintain a listing by name 1-other means, serves to inform and to Restricted Data” stamps (see §2.26 (a), and position of the officials in the | 'warn the holder of the classification of .(b) ) are in themselves, evidence of ex Office of the Secretary who are au the information involved! the degree of emption from the General Declassifica thorized under these regulations to protection against unauthorized dis tion Schedule.. ... %t*....> *ti ... originally classify documents as Top closure which is required for that partic - <d) Failure to mark document. Should Secret, Secret, or Confidential. Officials ular level of classification, and to facili the classifier inadvertently' fail to mark within the Office of the Secretary with tate downgrading and declassification a document with one of .the foregoing “Top Secret” or "Secret” classification actions. | stamps, the document shall be deemed fM . r'r. authority shall report in writing to the . (b) Wholly unclassified material! to be subject to the General Declassifica ;Assistant Secretary for Administration Normally, unclassified material should tion Schedule. The person who signs or the names of the officials designated in not be marked or stamped “Unclassified” finally approves a document or other writing to have original Confidential unless it is essential to convey to its •material containing classified informa classification authority. The head of recipient that it has been examined spe tion shall be deemed to be the classifier. each bureau shall maintain a listing of cifically for the need of a security classi- ’. If the classifier is another person, the the,officials in his bureau authorized to fication or control designation and has individual shall be identified on the apply an original Confidential classifica been determined not tos require such . stamp as indicated.-:..’.' tionand shall furnish a copy of each list classification or control. However, pre ingtothe Assistant Secretary for Admin printed forms such as telegrams which § 2.26 Additional warning noticed istration. This listing shall be compiled make provision for an assigned classifi - In addition to the foregoing.marking as of July 1, 1972, and updated at least cation shall include the term “Unclassi- -' requirements, warning notices-shall be ona quarterly basis. . , . : ¡¡ggsv? "■fied” if the information contained in the prominently displayed on classified docu text is not classified. Envelopes contain ments or materials as prescribed below. §2.22 Guidelines for classification. . When display of these warning notices Each person possessing original classi ing unclassified information to be sent by ' on the documents or other materials is fication authority shall be held account diplomatic pouch must be marked or - not feasible, the warnings shall be inable for the propriety of classifications stamped “Unclassified” on both, sides. eluded in the written notification of the attributed to him. Both unnecessary § 2.23 Classification markings on docu- ' assigned classification. // classfication and over-classification shall 3■ i ments. (a) Restricted data. FoiTclassified in be avoided. Classification shall be solely _, At the time of origination, each docu formation or material containing Re on the basis of national security con- ment or other material containing classi stricted Data as defined in the Atomic »derations. In no case shall information fied information shall be marked with its EnergyAct of 1954, as amended:. 5. be classified in order to -conceal in assigned security classification and ; . - . j§ R e s t r i c t e d D a t a efficiency or administrative error, or to whether it is subject to the General De-, T his document contains Restricted Data prevent embarrassment to a person or classification Schedule, whether it can. the Department, to restrain competition be declassified earlier, or whether it is ' as defined in,the Atomic Energy Act of 1954, as amended. Its dissemination or disclosure or independent initiative, or to prevent exempt from the General Declassifica t o any unauthorized person isprohibited. for any other reason the release of in- - tion Schedule. -« , \4 J." ,formation which does not require pro(b) Formerly restricted data. For clas. (a) General Declassification Schedule. techon in the interest of national se For sifted information or material containing marking documents which are sub curity. If the classifier has any. sub to the- General Declassification solely Formerly Restricted Data, as de stantial doubt as to which security ject Schedule, the following stamp shall be fined In section 142.d, Atomic Energy Act classification category is appropriate, or used: - 5V->.. -I ,. \ •;/ \ of 1954, asamended: . ., to whether, the material should be * F o r m e r l y R e s t r ic t e d D a ta (TOP SECRET, SECRET OR CONFI classified at all, he should designate the DENTIAL) CLASSIFIED BT..___‘l___■ UnauthorizeddisclosuresubjecttoAdmin less restrictive treatment. SUBJECT TO GENERAL DECLASSIFICA istrative and Criminal Sanctions. Handle as TION SCHEDULE OF EXECUTIVE ORDER'..Restricted Data in Foreign Dissemination. §2.23 Derivative classification. '. 11662 AUTOMATICALLY DOWN GRADED • Any person who incorporates into a* AT TWO-YEAR INTERVALS AND DE Section 144.b,Atomic Energy Act, 1954. (c) . Other ' classified information new document or"ether material infor CLASSIFIED ON DEC. 31 (Insertyear) . iotfCer than restricted data or formerly mation or material previously classified (b) Accelerated <rj Declassification restricted data). For classified informa oy an authorized official, as a.result of, ^ connection with, or in response to ex- Schedule: For marking documents which tion or. material furnished to persoiis song material dealing with the same are to be automatically declassified on outside the executive branch of Govern bject which already bears a classifies^- a given event or date earlier than the ment other than as described, in items ' . - on, shall reflect the original classifica- General Declassification Schedule the (a) and (b) above: rl^n ,^nc* the identity of the original following stamp shall be used: N a t io n a l S e c u r it y I n f o r m a t io n assifier on the new document or other (TOP SECRET, SECRET OR CONFIDEN Unauthorized Disclosure Subjectto Crimi material.Performance of this duty shall TIAL) CLASSIFIED BY _______ ____ nal Sanctions. sb ^^titute original classification. If AUTOMATICALLY DECLASSIFIED ON ( e f f e c t i v e d a t e o r e v e n t ) Example: Date o f (d) Sensitive intelligence information. t , J" “be classified information con- Public Release - -. . ,.... -, For classified information or material re document is classified due to (c) Exemptions from General De- lating to sensitive intelligence sources snnr« Ca^on ^Posed by a single outside no orteinal classification is classification Schedule. For marking and methods, the following warning no “classified by” line of the documents which are exempt from the tice shall be used, in addition to and in identify the source docu- General Declassification Schedule, pur- . conjunction with those prescribed in -offi . Chiding its date and also the suant to §2.34, the following stamp shall paragraphs (a), Ob), or (c) of this sec cial title and organization of the be used: „ H . ■ . ■ • • -'V tion, as appropriate: . > FEDERAL REGISTER, VOL 38, NO. 138-—THURSDAY, JULY 19, 1973 RULES AND REGULATIONS I 19325 BaRNING NOTICE— SENSITIVE INTELLI- V (a) Books or pamphlets. Permanently chine and Automatic Data Processing MGENCE SOURCES AND METHODS IN-; bound books or pamphlets are to be con (ADP) tapes shall bear external mark 1-yoLVED; spicuously marked with the assigned ings and internal notations sufficient to §2.27 Overall marking and page mar&-;£ classification or control designation at assure that any recipient of the tapes, T ing. v*y^îV*''.y~Z~i the top and bottom on the outside of the or of the classifiedInformation contained cover, on the title page, on the first, therein when reproduced by any medium, KThe overall classificatioii of a docu-; front page, on the back page, and on the out will know that classified information of *ent, whether or not permanently^ side of the back cover. Other required a specific classification category is ‘Çnd, or any copy or reproduction markings ■■■ must be placed on. the outside _involved.-: I.';-- y - t y ^ y [ereof, shall be conspicuously marked of the front cover.. (g) Pages of Automatic Data Process toistamped at the top and bottom of the Ktside of thé front cover (if any), on ;i (b) Reproducible masters. Reproduc ing listings. Classification markings on feetitle page (if any), on the first page, ible masters such as airgrams, mimeo pages of listings produced by1ADP equip |6hthehack page,'and on the outside of . graph stencils, hectograph masters, pho ment may be applied by the equipment % back cover (if any) . To the extent tostatic negatives, or multilith plates provided that the markings so.applied cticable, each interior page of a docu used in the reproduction of classified or are clearly distinguishable on the face of m ent which is not permanently bound administratively controlled documents the document from the printed text. As be conspicuously marked ; or are to be marked so that each copy made a minimum, such listings shall be marked mped at the top and.bottom accord-1 from,them will show the classification or with the security classification on the tngtoits own content, including the des- control designation and other required first and last pages of the listing and on ition “Unclassified” /when appro-, markings. ’ Preprinting of paper with" the front and back covers,, if any, as |classification control designation, or previously prescribed in §2.25. ate. j | .> declassification [(a) Paragraph marking. Whenever a _ other pertinent markings, Is authorized. | § 2.29 Downgrading, and upgrading markings. ified document contains either more * (c) Photographic negatives, prints," ianone security classification category slides and filme. Whenever possible, pho- $ Whenever a change is made in the ■ unclassifiedInformation, çach section, tographic negatives and slides are to be original classification or in the dates of 'rt, or paragraph should be marked to marked with the assigned classification downgrading or declassification of any .eextent practicable to show its class!- : or control designation at the top,and classified Information or material, it ation category or that it is unclassi- bottom on the front. Photographic nega shall be promptly and conspicuously ,Whenappropriate, the classification ~tives to roll form contain the assigned marked to indicate the change, the au f eachparagraph (including “Unclassi- classification or control designation at thority for the action, the date of the JSed”) may be indicated by closing the the beginning and end of each roll. In all action, and the identity of the person iph with the appropriate classl- cases, photographic prints are to be taking the action. In addition, all earlier tion symbol for that paragraph, as marked at the top and bottom of the classification markings shall be canceled, front and on the back with the classifi Jf. practicable, /but in any event on the ■ lows: (TS), (S), (C), (UNCLAS). §(b) Subjects, titles, abstracts and cation and control designation. If addi first page. ■' -yyy^-r-yt 'ex terms. Subjects, titles, abstract^ tional special markings are required, ap- * v: (a) Markings for large quantities of **ï 'd indexterms shall be selected, if pos- . ply them conspicuously. material, JTVhen the volume of informa ,le, so as not to require classification.- 5 (d) Charts, maps and drawings. Oaurbs, tion’or material is such that prompt re ^wever, a classified subject, title, ab- maps and drawings shall bear the appro- ! marking of each classified item could ' or index term may be used when priate classification marking .under the not.be accomplished without unduly in ^cessary.to convey meaning1 . To show legend, title block or scale, in such man terfering with operations; the custodian ;classified of unclassified status, each ner as to differentiate between the clas may attach downgrading, declassifica .h item shall be marked with the ap- sification assigned to the document as a tion, or upgrading notices to the storage jopriatesymbol, (TS), (S), (C),or (U)£ whole and .the classification assigned to -unit in lieu of the re-marking otherwise lacedimmediately following and to the the legend or title, and so thatit can be required. Each notice shall indicate the Jht of the item. When appropriate, the : reproduced on all copies made. The change, the authority for the action, the abois (RD) and (FRD) shall beadded. markings also shall be Inscribed at the date of the action, the videntity pi the fc>m e, folder or group of documents. top and bottom of each such document. person taking the action, and the stor foyers or groups of..documents Where the customary method of folding age units to which it applies. When in 11be conspicuously marked to assure, or rolling charts, maps or drawings would dividual documents or other materials i f Protection to a degree as high as cover the'classification markings, addi are withdrawn- from such storage units m the most highly classified docu- tional classification markings shall be they shall be promptly re-marked in Jpat included therein. Documents sep- placed so as to be clearly visible when Accordance with the change, or if the documents have been declassified, the .tedfromthe file,'folder or group shall the document is folded or, rolled. n*i?arIîe<*85 Prescribed herein for in- ■ Ce)- Decks of . accounting m achine old markings shall be canceled. How «Fidual documents. cards* A deck of classified accounting : ever, when information or material transmittal documents. A trans- machine cards need not be marked in subject to a posted downgrading,' up , tai document shall carry on it a dividually. but may be marked as one grading, or declassification notice„are notation as to the highest single classified document so long as they withdrawn from one storage unit solely ikt^-Caf'101?' °t the information which remain within the deck. A deck so for transfer to another, or a storage unit % tt, and a legend showing marked shall be stored, transmitted, de containing such documents or other ma ^toiajS^ca^0n*tt any, of the trans- stroyed and otherwise handled in the terials is transferred from one place to document standing alone. For ex- manner prescribed for other classified another, the transfer may be made with eL*fo,~e case of an unclassified doc- " documents of the same classification. An out re-marking if the notice is attached W «, transmits as an attach- additional card shall be added, however, to or remains with each shipment. (b) Upgrading.' When material Is up £ fQ^,classi^ed document, it shall bear to identify the contents of the deck and ^ follows: “RE- the highest classification involved. Cards graded under the provisions of these reg UNCLASSIFIED WHEN SEP- removed for separate processing or use, ulations, it shall be-promptly and con IC iS ot? 051 CLASSttlED AT-. and not immediately returned to the deck spicuously marked, except that in all after processing, shall be protected to such cases the old classification mark-' prevent compromise of any classified in ing shall be canceled and the new sub J of nimeriül olher than formation contained therein, and for . stituted therefor. . ■#. documents. p i à fc S f# this purpose shall be marked individually »•-(c) Marking of classified telegrams. •-material ; cannot' be as prescribed herein for’ an Individual .Information contained in Top Secret, notification of the ordinary document. v" ‘ Secret, and Confidential telegrams is V S 1 °aotherwlserequired in mark--; (f) Electrical machine ctnd Automatic ' subject to automatic downgrading, deL accompany such material, ; Data' Processing .Tapes. Electrical ma- classification, and decontrol procedures 2 TEDERAL REGISTER, ' V o S p S ? N O . ' 138— THURSDAY, JULY 19, 1973 19326 RULES AND REGULATIONS; to the same extent as the substantive ■ § 2.31 Guidelines for downgrading and "event for automatic declassification. The ;;declassification.: É contents of nontelegraphic documents. use of the exemption'authority shall be In o rd er to eliminate costly transmis ■•The individual exercising original cías- f kept to the absolute minimum consistent sions, standard abbreviations for required sifying authority shall, to the maximum with national security requirements and notations have been substituted, and will extent practicable, predetermine at the shall be restricted to the following cate appear-as the final unnumbered para time of origination, dates or events on gories: . s| ' ~graph of the message text, as follows: > which downgrading and declassification ; ~(a) Classified information or material (1) For classified information that has shall occur. These dates shall be as early furnished by foreign governments or in been assigned to the General Declassifi- ; as the national security will permit, and ternational organizations and held by the cation Schedule, add the abbreviation: shall be in accordance with the limits of! United States on the understanding that GDS. : : . - ' flj - ¿'¿¿3' H the dates of the General Declassification it be kept in confidence. | (2) For classified information that is. Schedule, as set forth in 52.33, only if ? : (b) Classified information or material to be declassified without reference to earlier dates; cannot be predetermined/ specifically covereckby statute, or per the General Declassification Schedule, taining to cryptography, or disclosing inadd: ADS (Accelerated Declassification § 2.32 Dales or events; carried forward. ■;telligence sources* or methods. ; H Schedule) r DECLAS (insert date or 4 Downgrading / and declassification .(c) Classified information or material other event or condition for declassifi dates or events established in accordance disclosing a system, plan, installation, cation) . &RS with §2,31 shall be carried "forward and /project or specific foreign relations mat : (3) For classified information that applied whenever,the classified informa ter the continuing protection of which is hasbeenexempted from the General De- tion or. material is incorporated in other essential to the national security. classification Schedule, add: XGDS (in ,documents or material. . 1Ip? Td) Classified information or material sert the category number 5B (1), (2), the disclosure of which would place a § 2.33 General. Declassification Sched-. (3), or (4) ; DECLAS (insert appropriate |person in immediate jeopardy. ;. É ule. . ‘ ■ iv . _ % / • | g | date).; (4) The following abbreviations may ’ Classified information and material, §2.33 Applicability of‘tKè General Declassification Schedule to previously be submitted for the warning notices unless downgraded or declassified ear classified'material. ;jj^SB indicated in §2.26: RD (Restricted lier under the provisions of §2.31 or Data)' FRD (Formerly Restricted exempted from the General Declassifi ' Information or material classified be Data) ; NSI (National Security Informa cation Schedule under §2.34, shall be fore June 1, 1972, and which is assigned tion); SIS (Sensitive intelligence assigned a date or event on which down to Group 4 under Executive Order 10501, Sources and Methods). ' v ;s grading and declassification shall occur as amended by »Executive Order 10964, (5) While the above abbreviations of in accordance with the prescribed limits shall be subject to the General Declassi warning notices are accéptabïe for tele of the General Declassification Schedule fication Schedule. All other information grams, the preferred method is to include outlined below: . : . or material classified before June 1, 1972, the warning notice as part of the mes (a) Top Secret. Information or matewhether or not assigned to Groups 1, 2 sage text. This procedure will immedi rial originally classified Top Secret shall or 3 of Executive Order 10501, as ately alert all recipients to the sensitivity become automatically downgraded to Se amended, shall be excluded from the of themessage and the possible special cret at the end of the second full calen General Declassification Schedule. Howhandling requirements, For example, dar year following the year in which it 'ever, 'St any time after the expiration of when classified information pertaining was originated, downgraded to Coxifi- ten years from the date of origin it shall to sensitive intelligence sources and dential at the end of the fourth full cal be subject to a mandatory classification methods is used in a telegram, the first endar year following-the year in which' 'review and disposition under the same line of the message, text shall read as it was originated, and declassified at the conditions and criteria that apply to follows: i ■ ';•-âspgfj r end of the tenth full calendar year fol classified information and material WARNING N OTICE— M lowing the year in , which it was ; created after June 1, 1972, as set forth in § SENSITIVE IN TELLIG EN CE originated. ; ' §§2.34 and 2.36. r , * SOURCES AND METHODS ’’ • (b) Secret. Information and material § 2.36 Mandatory jreview of material INVOLVED . originally classified Secret shall become over ten years old. In all instances, drafters incorporating automatically downgraded to Confiden classified information from materia tial at the end of the second full calendar Members of the public or other depart bearing a~warning notice or exemption year following the year in which it was ments wishing to request review of clas fromthe General Declassification Sched originated, and declassified at the end sified material over ten years old in the ule must ensure that the warning notice of the eighth full calendar year following custody of the Department of the Treas and/or exemption is “carried over” to the year in which it was originated. u ry shall apply in writing to the Office thenewdocument. <(c) Confidential. Information . and of Assistant Secretary for Administra The record copy of' all electrically material originally classified Confidential tion, Department of the Treasury, Wash transmitted messs is must, of course, 'shall become automatically declassified ington, D.C. A request must describe the contain all information required by the at the end of the sixth full calendar year material desired to be reviewed with Executive Order. It therefore must con following the year in which it was sufficient particularity to enable the De tain the name and initials of the official originated. r v ^ > •- ¡ partment to identify it and obtain it with authorizing the classification, the dea reasonable amount of effort. classification schedule' and exemption § 2.34 Exemptions from General De(a) Action upon receipt of request for classification Schedule. _ ; irom the schedule, if appropriate. review. The Assistant Secretary for Ad Certain classified information or ma ministration shall immediately forward Subpart D— Downgrading and • terial may warrant some degree of pro the request for review of records over ; . Declassification tection for a period.exceeding that pro ten years old to the appropriate officer §2.30 Authority to downgrade and de vided in the General Declassification of the Department of the Treasury hav classify. Schedule. An official authorized to orig ing Top Secret classification authority au^°rity to downgrade and de- inally classify information or material and shaU acknowledge receipt of the re ■mof •rnational security information or Top Secret may exempt from the Gen quest to the requester in writing. If the rrv0,?na* w^hin the Department of the - eral Declassification Schedule any level request requires the rendering of services asury shall be restricted to the offi of classified information or material for which fair and equitable fees should cials authorized under Appendix À of originated by him or. under his super be charged pursuant to 31 U.S.C. 483a, if it falls within one of the cate the requester shall be so notified. The ihyf regu*a^ons-Delegations of author- vision gories described below. In each case such officer to which action has been assigned to downgrade or declassify shall be official shall specify in writing on the shall, whenever the request is deficient ported in writing to the Assistant Sec material the exemption category being in its description of the record sought, tary for Administration. * • « * « claimed and, unless impossible, a date or ask the requester to provide additional FEDERAL REGISTER, VOL. 38, NO. 138— THURSDAY, JULY 19, 1973 . RULESAND REGULATIONS -p ; 19327 [identifying. information _ whenever tion is authorized to assign'personnel to formation' and material on the ground | assist the Achivist of the United States of exemption under 5 U.S.C, 552(b) (1) Ipossible, 1- (b) initial determination. The request .,in the exercise of this review responsi ^except decisions of the Secretary of the fshall be reviewed and a detenpination bility with respect to classified material ^Treasury continuing the classification of originating within the Department of the material over thirty years old under Part Treasury. Such personnel shall: (a) pro m D of the Directive and §2.40. vide guidance and assistance to archival (c) Action upon complaints in the ad employees in identifying and separating ministration of the Executive Order and those, materials originated in the De Directive and these regulations. partment which are deemed to require (d) Establish the' policy of the De continued classification; and (b) develop partment with respect to the enforce a list for submission to the Secretary of ment of the Executive Order and Direc the Treasury, with recommendations tive and these regulations. { &. concerning continued classification. The ; § 2.42 Burden of proof. Î ' Secretary of the Treasury will then de termine which of the materials listed re-i ' i For purposes of administrative deter prithacopyof that statement. ^ .quire continued protection because such minations under1§§2.36 and 2.40, the (c) Right of appeal to the Depart“-continued protection is essential to the burden of proof is on the originating [mental Committee on National Security national security or disclosure would office In the Office of the Secretary or IInformation. If the request is denied or place a person in immediate jeopardy. the bureau to show that continued clas mo answer is received after sixty days, The Secretary of the Treasury will pro sification is warranted within the terms [therequester may appeal to the Depart- vide the Archivist with a list which iden-. of the Executive Order and Directive. imental Committee on National Security tifies the documents deemed to require § 2.43 ' Notification of change in classi¡Information as provided by Appendix A. continued classification, indicates the; fication or of declassification. ¡The Departmental Committee shall act reason for continued classification and ; When classified information or mate upon the appeal within thirty days. JT ; specifies the date on which such material j rial Is downgraded or declassified in a (d> Right of appeal to the Interagency shall be declassified. : manner other than originally specified, [Classification Review Committee. If the Mandatory, review ofp material. whether scheduled or exempted, or is up ¡Departmental Committee determines ,§ 2.40 o v e r, thirty .years old. graded, or is subject to a change in ex [that continued classification is required, (&") Action upon receipt of request. The emption status, the classifier or the cus ¡K shall also,so notify the requester and [that he may appeal that denial to the Assistant Secretary for Administration todian of the records shall, to the extent [interagency Classification Review shall immediately forward the:request practicable,, promptly notify .all ad for review of'records more than thirty dressees to whom the information or ma [Committee. f terial was originally officially trans [§2.37 Declassification of material over. years old to an appropriate office of the mitted. The recipients of thiis notifica Department of the Treasury and shall I thirtyyearsold. 7 acknowledge receipt of the request to tion shall notify addressees to whom in [ All classified information or material * the requester in writing. >^ n v , f j turn they have transmitted the classified [which is thirty years old or more over (b) Determination by the Secretary. information or material. > ;/ ; * which the Department exercises exclu That office shall review the request and >§§ 2.44—2.49— [Reserved] “ 1 7: sive or final original classification au- within twenty-one days forward to the | 7; Subpart E—-Access jthority is subject to declassification as Secretary of the Treasury through the |provided in §§2.38-2.40. Assistant Secretary for Administration § 2.50 —General.'¿i IS2.38 Automatic declassification of a recommendation whether continued Access to classified information shall thirty-year-old material originated classification is required under the be granted only In accordance with the criteria of §5 2.38-2.39. The Secretary after June 1,1972. regulations provided in Part VIA of the shall make a determination based on. Directive as supplemented by the regu All information and material 'dassi- that recommendation. .\v*. Ined after June 1, 1972, whether or not (c) Right of appeal to the Interagency lations of this part. No individual shall ¡declassification has been requested, be- Classification Review Committee.: J1 the be entitled to receive or handle classified |comes automatically declassified at the Secretary of the Treasury determines information or material solely because fwtd of thirty full calendar years after that continued classification is required, of his official position or because he has [the date of its original classification ex the Assistant Secretary, for Administra- . a valid security clearance. He must have cept for such specifically identified in- tion shall promptly notify the requester in addition the need for access to the Ijormation or material which the Secre- that he may appeal that denial to the particular classified information or ma the Treasury personally deter- Interagency Classification Review Com terial sought in connection with the per [mines in writing at that time to require mittee, and, whenever possible, shall fur formance of his official duties or con gWtaued pr°tection against unauthor- nish .the requester with a brief state tractual obligations. The determination iLw ^l?c^ osure because such continued ment why continued classification is re of the need shall be made by the official having the responsibility for the safe protectiQnis essential to the national se- quired. : -L—ir guarding of the classified information hrTtor ^ctosure would place a person „ 1- - _ '• ■ remediate jeopardy. In such case, the- § 2.41 -Departmental Committee on Na- or material. — tional Security Information. _ ^ § 2.51 Access by historical researchers. [oecretaryof the Treasury shall also specA Departmental Committee on Na [tion^ Per*0<* continued classifica(a) -Requirements for grant of access. tional Security Information is established Persons outside the executive branch which shall be composed of the Assistant |§2.39 Sygtcmatic review of tliirty-yearSecretary for Administration, as chair engaged in historical research projects 1 1972tCrial or*® *na*e<^before June man, the General Counsel and the Spe desiring to request access to classified information or material under the con cial Assistant to the Secretary (National m Æ ^formation and material classl- .Security), as members. The functions trol of the Department shall apply in E P ® 6 June 1, 1972, and more than of the Departmental Committee shall writing to the Office of the Assistant Secretary for Administration* Depart revwZf*rs °b* ^ to be systematically include the following: , ment of the Treasury, Washington, D.C. decl&ssification by the Ar(a) Review of and action upon appli The request for access may be granted oftho States by the end I thirtieth full calendar year follow- cations-and appeals regarding requests provided that the Secretary of the Treas for declassification, as provided in 52.36. ury determines that: | * %-‘ ' ITh» fear ^ “wbicb it was originated. (b) Review, upon request, of all deci- | (IX Access is clearly consistent with | Assistant Secretary for Administra- sions denying Treasury Department in- the interests of national security. ; , ¡made within thirtydays after the receipt lof Identifying information whether con-; Itinued classification is required under the ¡criteria of §2.34. If the request is denied, ¡the determining officer must indicate to ¡the Assistant Secretary for Administraftion in a brief statement the reason-for ¡continued classification and, unless im- î ¡possible, specify the date on which^such [matter shall be declassified. Whenever [possible, the Assistant Secretary for AdIministration shall furnish the requester ; FEDERAL REGISTER, VOL. 38, NO, 138— THURSDAY, JULY 19, 1973 ■9328': I I J R U L K AN D ^ R E G U M T lO N S t ^ ; «2) The information or material re sistént with the Executive Order and; | (b) Top .Secret ' documents shall be vested is reasonably accessible and can .Directive. sequentially numbered in a calendar year [belocated and compiled with a reason (b) Upon request of any'such former; series by Top Secret Control Officers as able amount of effort.,Ï S' official, such information or material as received, by them; and the' number shall K(3) The historical ^researcher agrees he may identify shall be reviewed for be posted to the Top Secret document, •"tosafeguard the information or material declassification in accordance with the Treasury Form 403f and Treasury Form |in a manner consistent with the Execu provisions of Subpart D. The former. 2747 Revised (Classified Document Ac tive Order and Directive. Presidential appointees referred to herein countability Record). v(4) The historical researcher agrees do not include the White House staff, or (c) Top Secret Control Officers shall [to authorize a review of. his notes and members of special Presidential commit maintain current records of persons Kanuscript for the sole purpose of deter tees or commissions. ;Q .'.within their respective office or bureau mining that no classified information or § 2.54 Dissemination by theDepartment"- who are cleared for access to Top Secret material is contained therein, \ ■ of classified information or material information or material. K (b) Period of access authorization. An authorization for access shall be valid v ; originated by another department. . -1§2.62 Accountability of classified maifor the period required butano longef . Classified information or material, ■;■ ■terial. " ft**' YyfQpfc/ ■ban two years from the date of Issu originating in another department and Treasury Department Form 2747 Re ance unless reviewed by thè Secretary made available to the Department of the (Classified Document Account ['of the Treasury upon written applica Treasury shall not be disseminated out vised ability Record) shall.be the exclusive tion to the Office of the Assistant Secre side the Department without the consent classified document accountability record tary for Administration, Department of of the originating department. for usé within the Department of the «he Treasury, Washington, D.C. ■' • .. --v>V.^ ->| §§ 2.55—2.59—-[Reserved] .Treasury. No other logs or records fehall §2.52 Access by certain officials and be required except for the use of Treas v < Subpart F— Accountability K employees of Federal Reserve Banks. ury Form 4031 for Top Secret material. § 2.60 Top Secret Control Officers. Form 2747 shall be used for single or ■ (a) Requirements for grant of access. Each Treasury bureau and'the Office multiple document receipting, internal officials' and employees of-Federal re serve banks, which are authorized to of the Secretary shall designate a Top and external routing, and as a certifi ferve as fiscal agents of the United Secret Control Officer. Top Secret Con cate of destruction. The inclusion of [States and perform functions related to trol Officers so designated shall receive, classified information on Form 2747 is the issuance and redemption of United maintain current accountability records prohibited. In' the event the subject title ¡States securities,-may be granted access- of, and dispatch Top Secret material, and is classified, a recognizable short title [toclassified national security' informa shall also conduct an annual physical in shall be used, e.g„ first letter of each tion or material by the Under Secretary ventory of all Top Secret material. Top letter word in the subject title. Several gor Monetary Affairs, or his designee, Secret Control Officers shall conduct the items may be transmitted to the same Jpen: (1) the information is classified required physical inventory in the pres addressee under the cover of one Form M-a Treasury officials or consent for ence of a disinterested individual and 2747. When thé original and/or copies »semination to the Federal Reserve shall complete the same by the first day of the document are destroyed, the de bankhas been obtained from the origi- of May. Any Top Secret document un struction^certificate section of the form [gatingdepartment, under §2.54; (2) the accounted for must be reported to the shall be*completed to include the date pederal Reserve bank officials or em- Assistant Secretary for Administration. and method of destruction and signed by »yees need to have knowledge of such Top Secret Control Officers shall conduct the individuals accomplishing the.de ^■ formation or material in connection periodic reviews of Top Secret documents struction. Form. 2747 may be. destroyed ■ m activities approved by the Under within their control to insure that those three years after the date of the final secretary for Monetary Affairs, or his Top Secret documents subject to the Gen disposition of the document. fsignee, as being in the interests of the eral Declassification Schedule are down-, (a) Top Secret material. Top Secret pted States; and (3) the Federal Re- graded or declassified as required. 'material shall be subject to a continuous ?rve officials and employees are receipt system regardless of how brief pared by the Department of the Treas- § 2.61 Control pf Tojj Secret Material. the period of 'custody..Treasury Form ^ under the procedures and standards (a) A Treasury Department Form 4031 2747 shall be used for this purpose. Top Elcfees Treasury officials and :(Top Secret Document Record) shall be Secret accountability records shall be attached to the first page or cover of the maintained by Top Secret Control Offi (b) Adjustment or vnthdrawal of se- original and each .copy of Top Secret cers separately from the accountability J 1$ foran ee. The Under Secretary material. The Top Secret Document Rec records of other classified material. shniiM°ne^ ary Affairs, or his designee, ord shall be completed by the Top Secret (b) Secret material. Receipt on Treas snauaiso be responsible for adjusting or Control Officer, and shall identify the Iury Form 2747 shall be required for Top Secret material attached, and shall the purity clearance of transmission of Secret material between Reserve bank official or em- serve as a permanent record of the ma- -bureaus, offices and saparate agencies. terial. All persons, including stenographic ckLfiJj110 no longer needs access to Responsible officials shall determine ad ^at,ional security information and clerical personnel, having access to ministrative procedures required fgr the û e c ï ï « a particular level in con- the material attached to the Top Secret internal control within the respective duties11 the official performance of Document Record must sign and date_ offices or bureaus. The volume of clas the Treasury Form 4031 prior to accept-"* sified material handled and personnel ing responsibility for its custody. The resources available must be considered in P.53 Access by former Presidential Treasury Form 4031 shall indicate those determining the practical balance be » appointees. individuals to whom only oral disclosure tween security measures imposed and ■ iw who previously occupied is made. The Top Secret Document Rec the attainment of operating efficiency. Positions to which they ord shall remain attached to the Top (c) Confidential material. Receipts Xhoiwi^^ by the President may be Secret material until it is either trans for Confidential material shall not be to classified informa- ferred to another U.S. Government required unless the originator clearly reviewed sÉ S ÏÏ Which they originated, agency, downgraded, declassified or de indicates that receipting is necessary. lieoffice °I received while in pub- stroyed. Whenever any one of these ac theTreasirv^?^ tï at the Secretary of tions is taken, the Top Secret Control § 2.63. Restraint on reproduction. (1) access ‘ Documents or portions, of documents of nationa,consistent with the interests Offlcér shall record the action on the Top containing Top Secret information shall dentiSaTS i^ unty: and (2) the Presi- Secret Document Record and retain it not be reproduced without the consent of InformatSÜÎ ^ tgrees to safeguard the for a period of three years at which time the originating office and any reproduc ■ nor material in a manner con- it may be destroyed. . y É -T tion so authorized must be appropriately FEDERAL REGISTER, VOL. 38, NO. 138— THURSDAY, JULY 19, 1973 3 ; RULES AND REGULATIONS ^ 1 m 19329 introlled. The authority for reproduc case may be, established under §2.71 and § 2.74. Classified document coyer sheetsT Z syfc.-l en shall be noted on the copy from Appendix A of the Directive*in order to alert personnel to the fact laichthe reproduction is made. The of- § 2.73 ' Security storage equipment. • that a document or folder is classified Jce reproducing Top Secret material (a) Combinations. Combinations to and to protect it from unauthorized Tallplacethis material under Top Secret scrutiny, cover sheets, available through Bmtrol and shall maintain appropriate security equipment and devices shall be normal supply channels, will be used to changed only by persons having appro cords to reflect the number of copies cover classified documents when in use. ■ produced and shall observe all other priate security clearance, and shall be Classified document cover, sheets will be changed whenever such equipment is JLuirments concerning the control of removed before classified material is distribution of such copies. The repro- placed in use, whenever a person knowing filed. Classified document cover sheets lüuctlonof Secret material shall be placed the combination is transferred from the will be removedfrom classified documents ader the same control as the parent office to which the equipment Isassigned, prior to transmission except when the Ücument. Confidential documents may, whenever, a .combination has. been sub transmission is made internally•within a íreproduced without permission of the jected to possible compromise, and at by courier or messenger or. Miginating official, office or department, least once every year. Knowledge of headquarters by personal contact. .. r /- ' combinations shall be limited to the mini pwever, all classified material shall be producedsparingly and any stated pro- - mum number of persons necessary for § 2.75 Responsibilities of custodians. bition against reproduction shall be operating purposes. Records of combina Custodians of classified material shall ictlyadheredto.The number of copies tions shall be classified no lower than the be responsible for providing protection of documents containing classified in- highest category of classified information and accountability-for such material at pmation. shall he kept to the absolute or material authorized for storage in the all times and particularly for locking 0 classified material In approved security |iuimum required to meet operational. security equipment concerned.: (b) Safe Combination Records. Com equipment whenever it is not in use or eds in order to decrease the risk of bmpromise, administrative burden and binations to equipment containing clas under direct supervision of authorized Jreducestoragecosts. . ^-ejs ^ sified information and material shall be, persons. Custodians shall follow proce recorded on Treasury Form No. 4032 dures which insure that unauthorized 12.64 DataIndex System. (Security Container Information). Such persons do not gain access to classified ■ A Data Index System for documents forms shall be completed in their en information or material by sight or Jginally classified within the Depart- tirety. Part 1 of the Form shall be posted sound, and classified infcarnation shall fet of theTreasury shall be established on the interior of the top or locking not be discussed with or in the presence [accordance with the Executive Order drawer of the safekeeping equipment of unauthorized persons. IdDirective as implemented by the De- concerned. The names, addresses and Irtment of the Treasury Administra-, home telephone numbers of personnel § 2.76 Report of loss or compromise. jreCircular No. 236. responsible for the combination and the Any employee of the Department of 2.65— 2.69 [Reserved] . .o.'. ’ classified information and material. the Treasury who has knowledge of the stored therein must be posted on part 1 loss or possible compromise of classified ■Subpart (*—Safekeeping and Storage of the Form. Part n shall be properly information or material shall immedi completed, inserted in the envelope (part ately. report the circumstances to the 2.70 General policy^ HE) provided and forwarded to the desig appropriate bureau head or his designee Classifiedinformation or material may central "repository for safe com who shall take appropriate action forth Nused, held or stored only where there nated binations. Parts n and ZH shall show the with. In turn, the originating department re facilities or under conditions ade appropriate classification marking. and any' other interested department pto to prevent unauthorized persons <c) Safe or Cabinet Security Record. shall be notified about such loss or pos pmgaining access to it. \ . y Each piece of equipment used for the sible compromise. B.71 Standards ifor storage equipment. storage of. classified material will have § 2.77 Inquiry. ' ;•;ii-; 'V- .‘f* General Services Administration attached conspicuously to the outside a If the loss or possible compromise oc fcblishesand publishes uniform stand- General Services Administration Op |s,specifications, and supply schedules tional Form 62 (Safe or Cabinet Security curs in any Treasury bureau, the Assist i containers, vault doors, alarm sys- Record) on which an authorized person ant Secretary for Administration shall be r?3, ^d associated security devices will record the time and date each time notified. He shall then direct an immedi forthe storage and protection of he unlocks or locks the security equip ate inquiry to be conducted for the pur psified information throughout the ment, followed by his Initials. In addi pose of taking corrective measures and bvemment. Storage equipment used for •tion, at the close of each working day or assessing damages. Based on the results (j,Protection of classified information when a security container is locked at of the inquiry recommendations shall be KL^terial within We Department times other than normal duty hours, the made to the Assistant Secretary for Ad person locking the security container ministration as to the appropriate ad pi meet or exceed these standards. will be required to check it to insure that ministrative, disciplinary, or legal action 1*72 Storageof classified material. .. ......... :■,k it Is.locked, and will record the time and to be taken. ^ ■ M p classified material is not date he checked the security container §§ 2.78-2.79— [Reserved] p r the personal control and observa- followed by his initials. The checking Subpart H— Transmission , _ ■ r^an au^horized person, it will be procedure stated above applies for each ufir* or stored in a locked security normal working day regardless of §2.80 General policy. ,' r . x k r * * • whether or not the security container “prner as prescribed below: Classified information or material (¡SÍ» Secret. Top Secret informa-, - was opened on (hat particular day. A shall be transmitted between Treasury security container will not be left un Xf^+ma^ er^ al sllalt be stored in a safe bureaus and buildings and outside the »lilt vu6s^ ee^ container having a attended until it has been locked by an Department only in accordance with the authorized person and checked by a sec istm« tn1"66-Position dial-type comond person. Additional safe security requirements of this subpart. However, im or in a vault, vault-type requirements within the Main Treasury Building and are: lets thl °th®r storage facility which within each separate bureau building, (1 ) Reversible “OPEN-CLOSED” signs IlishS6 stfndar<is for Top Secret essuch information or material may be pisneaunder §2 .7 1 . which are available through normal transmitted between offices by. direct Confidential. Secret supply channels, shall be used as addi contact'of the officials concerned in a ■ a s * » material may be stored tional reminders on each security con single sealed opaque envelope with no MbrWSer authorized for Top Secret tainer containing classified information, security classified category being shown (2) . The tops of security containers Eg® material, or in a con on the outside of.the envelope. Classified i ' w j ault which meets the stand- shall be kept free of an extraneous Information or material shall never be | I(* ««aet or Confidential, as the matter. I tfi it l - ' ■ delivered to unoccupied rooms or offices. ,19330 RULES AND REGULATIONS ditions and essential operational require the local UJ3. diplomatic representative , §2.81 Classified Information and material ments, provided that the material does at the port of entry or departure. ** <5) Upon completion of the visit, the shall be enclosed in opaque inner mad not at any time pass out of United States outer covers before transmitting/The Government and United States citizen, Individual shall have the material re inner cover shall be a sealed wrapper or control and does not pass through a for turned to his office by approved means. All material taken for the purpose of the envelope plainly marked with the as eign postal system. A visit shall be accounted for. If any clas signed classification and address. The § 2.84 ^Transmission of Confidential. sified items are left with the office being outercover shall be sealed and addressed Confidential information and material with no indication of the classification shall be transmitted within the forty- visited for its retention and use, the in dividual shall obtain a receipt. ~ ’ofits contents. _■/| eight contiguous states and the District :§2.82 Transmission, of Top Secret. ' . V of Columbia, or wholly within Alaska, § 2.86 Telecommunications . transmis• sions. | síÉ , • The transmission of Top Secret infor-' Hawaii, the Commonwealth of Puerto Classified information shall not be ;mation and material shall be effected Rico' or a United States possession, by preferably by,oral discussion in person .one of the means established for.higher communicated by telecommunication between the officials concerned. Other |classifications, or by certified or first- transmission, except as may be author wise, the transmission of Top Secret in- class mail. Outside these areas, Confi ized under §§ 2.82-2,84 with respect to :formation and material shall be by spe dential Information;and material shall /the transmission, of classified informa cifically designated personnel, by State •be transmitted In the same manner,as tion ever approved communications cir ;_ ,4^4;r," IDepartment diplomatic pouch, by a mes authorized for higher classifications, gjp! cuits or systems, senger-courier system especially created § 2.85 Transmission by personnel in . §§ 2.87—2.89—-[Reserved] ;for that purpose, over authorized com I travel status. $3 f 8 t m „ v Subpart I—-Destruction of Classified munications circuits in encrypted form (a) General provisions. Personnel in information and Material lor byother means authorized by the Na travel status shall physically transport tional Security Council. * § 2.90 Methods of destruction. J , : classified material across international When information or material classi boundaries only in exceptional circum[r§2.83r Transmissionof Secret. . f The transmission of Secret material stances. In each instance, a determina fied under the authority of Executive \shallbeeffectedin the following manner: tion shall be made on a case by case Order 11652 is to be destroyed, destruc I (a) The Fifty States, District of Co basis, by a responsible official that it is tion shall be by burning, mulching, or lumbia, Puerto Rico. Secret information necessary for the appropriately cleared shredding in the presence of an individ andmaterial may be transmitted within traveler physically to transmit classified ual or individuals^specifically designated î &nd between the forty-eight contiguous material. Whenever possible, and when by the appropriate bureau head. states and the District of Columbia, or time permits, classified material shall be § 2.91 Approval of use of mulching and shredding machines. wholly within the State of Hawaii, the transmitted by other authorized means |State of Alaska, or the Commonwealth to the location being visited. The physi Prior to á bureau obtaining a mulching cal transportation of classified material of Puerto Rico by one of the means atior shredding machine, the Office of Ad [thorized for Top Secret information and on non-UJS. flag aircraft shall be ministrative Programs, Assistant Direc . • . Imaterial, the United States Postal Serv avoided. (b) . Specific safeguards. If it be deter tor (Physical Security) shall approve the it® registered mail and protective servuse of such a machine. », Mcesprovided by the United States air or mined that the transportation of classi fied material by an Individual in travel *■§ 2.92 Destruction by burning. Isurfacecommercial carriers. [ (b) Other areas, vessels, m ilitary status is in the best interest of the UH. Any classified information or material IPosfaZ services, aircraft. Secret informa Government, the following specific safe vto be destroyed by burning shall be torn guards will be provided for: t . • it011and material may be transmitted and placed in containers designated as (1) Classified material shall be in the burnbags *om or to or within areas other than and shall be clearly and dis ¡those specified in paragraph (a) of this physical possession of the individual tinctly labeled “Bum.” Burnbags await Isection, by one of the means established with adequate safeguards at all times if ing destruction shall be protected by se liorTop Secret information and material, proper 'storage at a UJ3. Government curity safeguards commensurate with Icaptains or masters of vessels of United facility is not available. Under no cir- the classification or control designation lotates registry, under contract to a de- cunistances, shall classified material be of the material Involved. ■ partmentof the executive branch, United stored in hotel safes or rooms, locked § 2.93 . . Records of destruction. locates registered mail through Army, automobiles, private residences, train Ijjavy or Air .Force Postal Service facili- compartments, or any vehicular detach . Each bureau head shall, cause appro , .~v r® Provided that material does.not at able storage compartments. priate accountability records to be main (2 ) An inventory of all classified ma Irnnf i e*>ass0U^ United States citizen tained for his bureau to reflect the de I-w1 "0*aad does not pass through a for- terial shall be made prior to departure struction of classified national security and a copy of sam e shall be retained by system, and commercial airinformation or material. t un^.er charter to the United States his office until his return at which time all classified material shall be accounted § 2.94 ; Destruction of nonrecord rnatel&ircraflfktary °r °ttier Government for. rial." .H*//■ ■ ■ . :■' -i. Nonrecord classified material su6h as (3 ) Classified material shall not be Itimfo 2ana^ an Governm ent installa^ information may be trans- displayed or used in any manner in pub extra copiek and duplicates, including v . shorthand notes, preliminary drafts, United States Govem- lic conveyances or rooms. Ition«°r ^^adian Government installa(4) The Individual shall have in his used carbon paper and other material of loonti’cm^r ■*111 the forty-eight possession a written Department of the similar temporary nature, shall also be E f t g P St£^ tes*Alaska>the District of Treasury authorization to transport destroyed by burning, mulching, or P n S l^ and Canada by United States classified material. This courier authori shredding as soon as it has served its iterprt registered mail with regis- zation, along with official travel orders, I^red mail receipt. should In most instances permit the in purpose, but no records of such destruc tion need be maintained. £ases- Tlle nse of the dividual to pass through any customs k Itnaii onfJl!feS4.iPost'al Service registered without the need for subjecting the clas §§ 2.95-2.99— [Reserved] * , Pates thf6™1? forty-eight contiguous sified material to inspection. If difficulty Subpart j — Training and Orientation S S ’of w! B P S * of Columbia, the is encountered, the individual should jthe Coriv^Waii’ the State of Alaska, and tactfully refuse to exhibit or disclose the § 2.100 Briefing of employees. P«-horiS??Wealth xof Puerto Rico is classified material to customs inspection All new employees concerned with F ^zod if warranted by security con and should insist on the assistance of- classified information and material shall FEDERAL REGISTER, VOL. 38, NO. 138— THURSDAY, JULY 9, 1973 RULES AND REGULATIONS -19331 afforded a security briefing regarding responsible for any unauthorized release istrationIsspecificallydelegated the author |eExecutiveOrder and Directive, Those or disclosure of national security infor ity to assign personnel to assist the Archi ist of the United States in the exercise of iewemployees concerned with classified mation or material shall be notified that v hisresponsibilitytoreviewsystematicallyfor ^formationor material pertaining to in his action is in violation of the Execu-* d eclassificationallTreasuryDepartment ma digence sources, methods, operations, tive Order, the implementing National terialclassifiedbèioreJune 1,1972,and more Security Coimcil Directive, or these regu fr plans shall be required to read and than thirty years old,and to perform other |gna Security Agreement. All new em lations. In addition, he shall be subject functions specified in part II D of the D ployeesafforded a security briefing shall - to prompt and stringent action includ irective.".;; S ec . 2.Authority to classify— (a) Top Se t provided with copies of applicable ing, as appropriate in the particular case, tws and pertinent security regulations a warning notice, formal reprimand, sus cret. The authorityto classifyinformationor material as Top Secret, Secret, or Confiden Ittingforth the procedures for the pro pension without pay, or dismissal, in ac t ial within the Department of the Treasury motion and disclosure of classified in- cordance with applicable personnel rules, ishereby delegated to the Deputy Secretary, lormation and material. All employees regulations and procedures. Where a the.UnderSecretaryforMonetaryAffairs,the ‘•ncemed with classified "information violation of criminal statutes may be in Under Secretary, the General Counsel, the :dmaterial shall receive periodic reor- volved, any such case shall be promptly Deputy Under Secretaries,the Assistant Sec fentationbriefings during their employé referred to the Department of Justice. retaries, the Special Assistant to the Secre (b) Repeated abuse of the-classifica tary (National Security), the Special Assist Tentwhichare designedto impress upon ant to the Secretary (Public Affairs), and jhemtheir responsibility for exercising tion process, either by unnecessary or the ssistanttothe SecretaryforLegislative \e andvigilance in complying with the over-classification, or repeated failure, AffairA s.-'-:. ¿vS'-vfw’ provisions of the Executive Order and neglect or disregard of established re(b) Secret..The authority to classify in plementing regulations. . v ' j ; ^. quirements for safeguarding -classified formation or materialasSecret-or Confiden ^information or material by any officer tial within the Department of the Treasury {§2.101 Debriefing of employees. - or employee shall be grounds for appro ishereby delegated to the heads of bureaus. (c) Confidential. Officialswho possess Top S'Any personnel possessing a/security priate adverse or disciplinary action. Jearance, at all levels of 'employment . Such action may include a warning no Secret or Secret classification authority are “dwithoutexception, when terminating tice; formal administrative reprimand, hereby delegated the authority to designate in writing by titleof position other officials ploymentor contemplating temporary* suspension without pay, or dismissal, as who may exercise Confidential classification ^paration for a sixty-day period or appropriate in the particular case, in a uthority, within the Department of the ‘ore,shall be debriefed concerning-their accordance with applicable personnel Treasury,f " . tnjr'ty Lntinued responsibility to safeguard rules, regulations and procedures. ■. ;, ; S ec . 3. Authority to downgrade and' def classify. The authoritytodowngrade and de assified information and material, and § 2.112 Disciplinary action. ‘ c l a ssifynationalsecurityinformationorma ‘mindedof the provisions,of the CrimAfter an affirmative adjudication of a terial within the Department of the Treas jalCodeand other applicable provisions shall be exercised by the following offi |lawrelating to penalties for unauthor security violation and as the occasion ury s:-.':''', _ . . . -r,X;..,/ iseddisclosure, -■ . — Hdemands, reports of accountable security cial (a) The official authorizing the original violations may be placed in the em2.102 . Departmental"administration. '‘‘i ployee’s official personnel folder and se classification,a successorinthat capacity,or a supervisoryofficialofeither.; |The Office of Administrative Pro- curity file. The security official of the (b) An official specifically authorized in os, Assistant Director (Physical Se- bureau or office concerned shall recom- writing by an official authorized to classify pity),under the direction of the Assist- ;ffmend to the respective management of- information or material as'Top Secret or (t Secretary for Administration, shall - ficiaT or bureau head that disciplinary Secret. S ec , 4. Departmental Committee on Na tablish, coordinate and maintain ac* | action be taken when such action is in Security Information. There ishereby Retraining, orientation and inspection dicated. However, should circumstances 'tional stablished a Departmental Committee, on jograms.for employees concerned with warrant, the Department may take ac .e National Security Information which shall Rsslfiedinformation or material to as- tion under provisions of these^regula be.composed of the Assistant Secretary for ~ ,ethatthe provisions of the Executive tions, 6f Executive Orderi11652, any im Administration, as chairman, and the Gen i.der and Directive are effectively ad- plementing National Security Council eralCounseland the SpecialAssistanttothe Secretary (National Security), as members. stered throughout the Department Directives, and Executive Order 10450, or The functionsofthe Departmental Commit I the Treasury.; any superseding applicable Executive teeshallincludethefollowing: K>103 Bureau administration. ’ . . (a) Review of and action upon applica I Order.’ tions and appeals regarding request for-de fcach bureau head shall designate an . Effective date: July 1*1973. classification, as provided in the Treasury pclal to coordinate and supervise ther egulations,31 OPR Part2,implementingthe Datedf July 9, 1973. tivitles applicable to his bureau to ExecutiveOrderandDirective.. , ffitaln the programs of training, ori(b) Review, upon request, of alldecisions [SEAt] " George P. Shultz, denying Treasury information and material inspection established by - Secretary of the Treasury. on the ground of exemption under 5 U.S.C. I®Office of Administrative Programs, Lsistant Director (Physical Security) A p p e n d i x A— D e p a r t m e n t o p t h e T r e a s u r y , 552(b)(1) except decisions of the Secretary T r e a s u r y D e p a r t m e n t O r d e r No . 160, R e v i s e d ofthe Treasury continuing the classification r out related activities of secof material over thirty years old under Part DELEGATION OS' A U T H O R ITY CON CERNING I M - . i:n ^3) of the Executive Order. III D of the Directive and the Treasury PL EM EN T A T IO N O P EX EC U T IV E ORDER 1 1 6 5 2 , ' regulationthereunder,31CFR 2.40. !2.104-2.109— [Reserved] ' A S AMENDED," AND T H E NATIONAL SE C U R IT Y . (c) Actionupon complaintsintheadmin istrationoftheExecutive OrderandDirective By virtueofthe authoritydelegatedtome and the Treasury regulations thereunder. as Secretary of the Treasury by Executive . (d) EstablishthepolicyoftheDepartment Enforcement policy. Order-11652, 87 FR 5209, and National Se- withrespecttotheenforcementofthèExecu TvrÜîi6 Committee on Na- ’curity Council Directive ofMay 17, 1972, 37 tive Order and Directive and the Treasury v Security Information shall have FR 10053 (hereinafterreferredtoastheExec-z regulationsthereunder. - . ; ttve Order and Directive),it ishereby or Se c . 5. Data Index System. The Assistant I*responsibilityfor establishing the De- u deredasfollows: . 'V■ SecretaryforAdministrationisdelegatedthe , . entspolicy with respect to the enS e c t io n 1. Compliance responsibility. The authority to establish a Data Index System LÜÜen^ the ,Executive Order and Assistant Secretly for Administration is inaccordance with PartVII ofthe Directive. i ve,^d these regulations. - /delegated the authority to insure effective The Office of Administrative Programs, As with the implementation of the sistant Director (Physical Security), shall r 1^1. Applicability. ï < - ;cExoemcpultiance iveOrderand Directive;and theTreas maintain the Departmental Data Index Sys regulations published thereunder In tem control file for all national security individual, at any level of ury Part2ofTitle31ofthe CodeofFederalReg information or material originally classified determined to have been . ulations.The AssistantSecretaryforAdmin- .withintheDepartment. -X.. • ^Part K—Administrative -and Judicial - Action . -, £5%*? • D IREC TIV E OP M A Y 1 7 , 1 9 7 S S ^FEDERAL REÇISTER, V o£ 38, NO. .j3 8 r—THURSDAY,. JULY 19, 1973 19332 . Sec. 6. *\ S RULES AND. REGULATIONS Training, orientation and inspec ceroed with classified information or mate- underExecutive Order 11< V, August 8,.1972 rial to assure that the provisions of the '37PR 20990. assistant Director (Physical Security)', is Executive Orderand Directivecueeffectively = ■ 1,19737;* r Effective date:,July lj herebydelegated,subject tothe direction of administered throughout the Department of Tr.ea7s.ur ,ersession. This Treasury De- :Dated lllv9 Dated:; 9,1973^ theAssistant Secretary for Administration, the Sec Sy up ^»aiea.-JJuly JUiy y .1973" iy the functions of establishing, coordinating partment Order supersedes TreasuryDepart- ; f rS sEAL] H j; ' ' G eeorge OI P. Schultz, andmaintaining active training,orientation: ment Order No. 160, Revised, 'entitled | SSecretary e cre ta ry tof the.Treasury. andinspectionprograms for employees con-. "National Security Information,” issued : [ PR Doc.73-14505P Filedd1 [PR 7-18-73:8:45am] tion. The Officeof Administrative Programs, FEDERAL REGISTER, VOL 38, NO. 138—-THURSDAY, JULY 19, 1973 theTREASIIRK Department of OFFICE OF REVENUE SHARING WASHINGTON, D.C. 20226 FOR INFORMATION, CALL (202) 634-5248 FOR RELEASE, MONDAY, JULY 23, 1973 A.M. BOOKS CLOSE ON FIRST THREE REVENUE SHARING PERIODS AND REGULATIONS ARE AMENDED The Office of Revenue Sharing of the U.S. Treasury Department announced today that it has completed its review of data, cal culated adjustments to past payments based on new data and closed the books on the first 18 months of the revenue sharing program. In making the announcement, Graham W. Watt, Director of the Office of Revenue Sharing, said that except for jurisdictions with requests for substantiation or correction of data that date from before July 1, 1973, no further adjustments will be made for payments covering the period from January of 1972 through June of 1973. Notice of the final date for determination of allocations and entitlements was published in the Federal Register of July 18, 1972 (38 F.R. 19140). - 2 - Adjustments made before the books were closed will be reflected in the amounts being paid during the fourth entitlement period, July 1, 1973-June 30, 1974. Estimates of shared revenues to be paid each jurisdiction during the fourth entitlement period will be announced by the Office of Revenue Sharing Tuesday/ July 24, 1973. In addition, the Office of Revenue Sharing has published amendments to the permanent regulations governing the adminis tration of general revenue sharing. Notice of the amendments was given in the Federal Register on July 13, 1973. (38 F.R. 18668). According to Graham Watt, "These amendments clarify the procedure for effecting compliance with the State and Local Fiscal Assistance Act of 1972 (P. L. 92-512) that established the general revenue sharing program. The Secretary of the Treasury, George P. Shultz, is empowered by the regulations to delay revenue sharing payments to recipient governments that fail to comply with the reporting requirements of the Act until he determines that compliance has been achieved." "The new provisions also clarify the procedures for to waive their participation in general revenue sharing. regulation requiring the report on actual uses of shared has also been changed. r e c ip ie n ts The re v e n u e s Minor changes for clarification were made to the sections of the regulations regarding the transfer of money by recipient governments to other units of government or private -3# organizations, and the maintenance of state transfers to local levels of government." The revised regulations (Section 51.25 (a)) establish a new Obligated Adjustment Reserve fund to be made up of one half of one percent of the funds appropriated for each entitle ment period. The fund will be used to make extraordinary pay ments to jurisdictions for which revised allocations are required after the books have been closed on an entitlement period. When more than enough funds for this purpose have been accumulated, the excess will be returned to eligible recipients from the fund according to the same formula that is used to allocate entitle ment funds during regularly-scheduled payment periods. 30 i— T E L E P H O N E W 4 -2 G 4 1 FOR IMMEDIATE RELEASE July 23, 1973 TREASURY ANNOUNCES ELEMENTAL SULPHUR FROM CANADA _____IS BEING SOLD AT LESS THAN FAIR VALUE______ Assistant Secretary of the Treasury Edward L. Morgan announced that elemental sulphur from Canada is being, or is likely to be, sold at less than fair value within the meaning of the Antidumping Act of 1921, as amended. Notice of this determination will be published in the Federal Register of July 24, 1973. 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 decision, dumping duties will be assessed on all entries of elemental sulphur from Canada which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement" was issued on April 23, 1973, 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. Elemental sulphur produced and sold by Texasgulf Inc. (formerly Texas Gulf Inc.) and Canadian Occidental Petroleum Ltd., is excluded from the withholding of appraisement ordered in this case and this determination of sales at less than fair value since 100 percent of the export sales to the United States by both companies during the period under consideration were examined and the adjusted home market prices of each company were found to be lower than the appropriate purchase price in every instance. During the two-year period from January 1971 through December 1972, imports of elemental sulphur from Canada were valued at approximately $18.5 million. M B ’ H O N E W 04-2041 IaSHIN8TQN. D.C. 20220 EMBARGOED FOR RELEASE UNTIL 2:00 P.M./' EDT, JULY 23, 1973 TESTIMONY BY DR. WILLIAM A. JOHNSON ENERGY ADVISER TO THE DEPUTY SECRETARY OF THE TREASURY BEFORE THE SPECIAL JOINT SUBCOMMITTEE OF THE SENATE COMMITTEES ON INTERIOR AND INSULAR AFFAIRS, COMMERCE AND PUBLIC WORKS MONDAY, JULY 23, 1973 Mr. Chairman and Members of the Committee: I am delighted to appear before you today to discuss the energy needs of the nation. In particular, I plan to focus on the economic benefits of very large crude carriers and the construction of deepwater ports to accommodate these carriers. ment. This issue is covered in my prepared state In addition, I will discuss some environmental benefits which are not contained in the statement. This statement is, incidentally a precis of a larger study done under my direction several months ago. I am submitting it for the record and will only summarize it here. In trodu'ction It now appears to many observers that the United States will have to increase significantly its crude oil imports In the near future. Projections of import demand vary widely. 2 Those used as the basis of this study have been made by the Interior Department for both the East and Gulf Coasts. CSee Tables 1 and 2]. The level of throughput for each region will depend on the locations of new refinery capacity and domestic produc tion of oil and natural gas. Projections for the East Coast range between 0.8 and 6.6 million barrels per day; for the Gulf Coast, between 0 and 14.7 million barrels per day. Future import requirements will be minimized if reserves on the Outer Continental Shelf can be exploited and U.S. production of alternative fuels, such as natural gas, is increased. The most efficient means of transporting large tonnages of crude oil over long distances is the "supertanker" or very large crude carrier (VLCC). The definition of a VLCC varies. At a minimum, it is capable of hauling in excess of 80,000 to 100,000 DWT of crude oil. Some argue, however, that a more appropriate definition now is a vessel with a capacity in excess of 200,000 DWT. The largest VLCC to date is 477,000 DWT. Vessels of this size would require deepwater ports*. The Gulf Coast has no natural harbors capable of accommodating this class of tanker, and where suitable depths exist along the East Coast, such as in Maine, Long Island Sound, and Delaware Bay, the development of a deepwater port has been “ A port capable of handling 250,000 DWT tankers must have With restricted draft it is possible $ however, to operate with lower depths depending on vessel design and height of the tide. a minimum depth of about 75 feet. } / £ 3 EAST COAST IMPORTS THROUGH DEEPWATER PORTS (thousands of barrels per day) 1975 1980 1985 2000 Case I 765 1,135 1,572 2,500 Case II 765 3,505 5,106 6,600 Case III 765 1,135 1,572 2,500 Case IV 765 2,000 1,200 3,200 Case V 765 1,000 600 800 2B Table 2 GULF COAST IMPORTS THROUGH DEEPWATER PORTS (thousands of barrels per day) 1975 1980 1985 2000 Case I 1,573 1,805 3,248 10,900 Case II 1,573 1,805 3,248 10,600 Case III 1,573 4,175 6,782 14,700 Case IV 1,573 400 Case V 1,573 1,400 - 0 - - 0 - 600 2,400 f - 3 - impeded by state governments and is likely to encounter strong opposition from environmentalists. Yet, if the United States is to receive VLCCs, it must build these ports. The purpose of this document is, first, to determine whether, given cost considerations alone, it would benefit the nation to have one or several of these ports along the East and Gulf Coasts. comparison. To do this, we must have a basis for Deepwater ports now exist, are being constructed, or have been proposed in the Canadian maritime provinces, the Yucatan Peninsula, the Bahamas, Haiti, Puerto Rico, and the Virgin Islands.* In the absence of an East or Gulf Coast deepwater port, oil shipments from relatively distant sources, such as the Persian Gulf, are likely to be carried by VLCCs to one of these sites and then transhipped by smaller tankers to the United States. We have assumed, there fore, that the benefits of a U.S. deepwater port will be the savings likely to result if, instead, crude oil were shipped to a U.S. port by supertanker and t h e n transferred to main land refineries by pipeline, tug-barge, or smaller tanker. If these savings are positive, a case could be made that a U.S. deepwater port is economically justified. A second objective of the study is to determine which of several alternative technologies for building a U.S. deepwater port and transferring oil to the mainland are most desirable given cost considerations alone. Three basic port . ,.BecausG of its restricted draft, some experts question wnether the Virgin Islands port can, properly, be called a aeepwater port. Several of these port schemes are also ought not to be serious proposals by knowledgeable observers 4 technologies exist: the monobuoy; the sea island; and the artificial island*. There are also three alternative technologies for transferring the imported crude oil to main land refineries: pipeline, tug-barge and small tanker. Which technology or combination of technologies is most economic will depend on the relative costs of each alternative. Finally, the study estimates the additional costs of various environmental safeguards thought necessary to prevent, contain, or clean up oil spills. In this way, it determines whether these increased costs could affect the choice of a location or technology for a U.S. deepwater port, particularly if the safeguards required by the U.S. Government are not required by foreign governments. Methods of Analysis The basic method of analysis used in this study is a comparison of all costs of landing a given amount of crude oil at East and Gulf Coast refineries through U.S. and foreign deepwater ports. Because throughput is held constant, savings in costs can be treated as a rough measure of benefits. Of course, a number of other factors, such as environmental considerations and national security, will have a bearing on * A monobuoy is also calleda single point mooring or single buoy mooring. As its name implies, it is a mooring facility at which the tanker can connect with pipelines distributing oil to mainland storage facilities and refineries. The term "sea island" is often used interchangably with the term "plat form", although the two are by no means synonymous. The sea island assumed in this study is a platform connected by pipeline to the mainland storage areas. Discharge of oil may also occur by ship-to-ship transfer at the platform. An artificial island is a man-made island built up with fill. Aside from its construction, it differs from a sea island primarily in that storage facilities would be located on the island and not on the shore. whether a U.S. deepwater port would be beneficial and should be built. Our study measures only the economic benefits of a superport. We divide our analysis into four "modules". The first three are sequential: the supertanker, the deepwater port, and the transfer leg. Crude oil must first be shipped from the origin to the deepwater port. from the port to the refinery. It must then be transferred The fourth module, environ mental safeguards, is additive to the first three. On each leg, additional investment, operations, and maintenance costs will be required to meet environmental standards specified by the government. Originally, we had hoped to include two additional modules: the refinery and post-refinery leg. The refinery costs probably account for the largest share of the total costs of processing imported crude oil. each region, the additional However, within refinery capacity required by greater U.S. consumption of imported crude oil should cost more or less the same regardless of which alternative is chosen or whether a deepwater port is built at all. If so, exclusion of refinery costs should not bias our results. Exclusion of the post-refinery leg may pose some difficulties. Opinions vary on whether, in a free market, a particular deepwater port location would affect or be affected by the location of refinery capacity. Some feel that a port location would be determined by the refineries1 location and the refineries1 location by the internal distribution - •system. 6 - Others argue just the opposite. A deepwater port will determine the location of refineries and petro chemical complexes and, in turn, the internal distribution system. In any final analysis, one must consider whether the post-refinery leg does have an impact on the economics of a deepwater port. Our treatment of capital costs in this study poses at least two difficulties. First, the time required to build and install each capital input varies from 0.5 years to 6 years. Second, the anticipated lifetime of each component also varies from 15 to 99 years. Differences in construction period and lifetimes may have a bearing on which type of facility should be built. These differences must also be taken into account in any estimate of the total costs of a port facility. Using a 10 percent discount rate, the cost of each capital input are compounded annually to present value during the initial year of operation. The present value for each input is then converted to an equivalent annual cost by dividing by an annuity factor.* This method of handling capital costs is logically identical to the more familiar present value and internal rate of return calculations. However, it has three major advantages. First, the different lifetimes of each capital input can be handled easily without having to make assumptions about the length of service of the deepwater port or the scrap value of its components. An annuity is an annual incane paid in equal installments for a specified period of time. This incane is equivalent vhen discounted to a fixed initial payment by the investor. The annuity period assumed is the anticipated lifetime of each capital *-— I— /# 7 Second, equivalent annual cost best meets the primary objective of the study — to estimate cost differentials for alternative port facilities• The equivalent annual cost is an annualized measure of capital costs; the differences between the equivalent annual costs of two port facilities, the annual cost differential or measure of benefits resulting from the construction of one alternative rather than another. Operating and maintenance costs can be added directly to the equivalent annual costs of capital inputs. Some 0 and M costs are associated with each major component of the deepwater. Others are spread over all components. two types of 0 and M costs: linear and step. We assume A cost is judged to be linear if, within each increment, it increases with throughput. It is judged to be step if it increases only at ’the beginning of the increment.* In Table 3, we present a sample print-out summarizing the cumulative equivalent annual costs of all increments required to raise the capacity of a monobuoy off Long Branch, New Jersey, from 0 to 6 million barrels of crude oil per day. This print-out indicates the costs of all four modules The total equivalent annual cost for the Long Branch monobuoy is $368.8 million for 1 mbbl/day through put. This cost rises to $765.4 million for 2.2 mbbl/day and $2.0 billion for 6 mbbl. y Most capital costs are treated as step costs. There are two major exceptions, however: tug-barges and tankers. Table 3 ESTIMATED COSTS OF A LONG BRANCH MONOBUOY WITH PIPELINE DISTRIBUTION TO EAST COAST REFINERIES USE OF FOREIGN SUPERTANKERS AND 0 TO 6 MBBL/DAY THROUGHPUT ASSUMED (thousands of dollars equivalent annual costs) THRUPUT 0.0+ 1.01.0+ 2.2- . 2.2+-3.43.4+ 4.7- 4.7+ 6.0- LONGBRANCH MONOBUOY PIPELINE FOREIGN TANKERS NON ENVIRONMENTAL COSTS SUPERTANK PORT TRANSFER 0. 301967. •301967. 659560. 659560. 1017152. 1017152. 1398584. 1398584. 1787962. 12839. 14593. 20118. 21174. 28329. 29543. 36697. 37911. 45065. 46279. 15899. . 18768. 19755. 19806. 21121. 23737. 25052. 25120. 26435. 29051. ___ SUBTOTAL 28738. 335329. 341840. 700539. 709009. 1070431. 1078900. 1461614. 1470084. 1863292. ______________ CODES=______ 4 ENVIRONMENTAL COSTS BARGE DB TANKER DB OTHER ENV 0. 0. 255. 255. 255. 255. 510. 510. 510. 510. 764. . 27821. 27821. 59209. 59202. 90597. 90597. 131970. 131970. 165397. 3017. 5417. 5417. 5417. 5417. 5417. 5417. 5417. 5417. 5417. 29 54 79 SUBTOTAL TOTAL 3017. 33493. 33493. 64881. 64881. 96523. 96523. 137896. 137896. 171578. 31755. 368821. 375332. 765420. 773890. 1166954. 1175423. 1599510. 1607980. 203487 0". -*sl > 8 Table 3, in effect, traces a cost curve for the Long Branch monobuoy. This curve is plotted in Figure 1, along with a similar curve for a sea island located in Nova Scotia and supplying crude oil to the East Coast U.S. market by means of tanker. These cost curves provide the basis for our comparison of alternative deepwater ports. The least cost port facility will have the lowest curve for a given level of throughput. For the two cases illustrated, the Long Branch monobuoy is clearly optimal for all but the lowest level of through put. The vertical distance between the curves measures the savings or benefits resulting from relying on the Long Branch rather than the Canadian facility. For example, at 6 mbbl/day, the annual savings made possible by the American port would be about $346 million or about 16$ per barrel. This, in brief, is how our analysis of alternative deepwater port facilities is structured. In all, 23 U.S. and three foreign port facilities are considered. (See Table 4). The investment in each of these facilities is converted to equiva lent annual cost measures and then added to annual 0 and M costs. In this way, cost functions are generated for each port oyer a range of throughputs. Finally, for given levels of throughput, each of the facilities is ranked and the differences in costs between these facilities and the lowest cost alternative are computed. We should stress at the outset that our choice of loca tions is illustrative only. We have selected as wide a 9 cross-section of alternative sites as possible where suitable engineering and cost data were available. In the end, the chdce of particular locations will depend on the companies, states, and local communities involved, and not a study by the Federal Government. In the next section, we discuss the many assumptions underlying this study; in the following section, some of its basic conclusions. Finally, in the last section, we estimate the benefits (or losses) likely to result from reliance on the least cost U.S. superport rather than its least cost foreign alternative. Basic Assumptions We have had to make a number of assumptions. In several cases, we have been able to test the sensitivity of our analysis to these assumptions; in most cases, however, we have not. Throughout, we have tried to make these assumptions as realistic as possible. In this section, we also try to make them as explicit as possible. 1. The Locations of U.S. and Foreign Superports. As we have indicated in Table 4, we examine seven locations on the East and Gulf Coasts and two locations abroad. Additional U.S. sites have been suggested, particularly along the Gulf Coast. Additional foreign sites have also been suggested including Mexico, Puerto Rico, and New Brunswick, Canada. For our purposes, the sites selected are more than ample. They cover the general areas likely to be chosen as locations for deepwater port facilities. However, because grime potential 10 sites have be e n omitted, our study cannot and should not be considered the definitive answer to where a deepwater port ought to be located. Specific site studies w ould be necessary before m a k i n g such a determination. 2. Choice of the Base C a s e s . We have chosen as a basis for comparison deepwater ports in the Canso Straits in Nova Scotia, and near Freeport in the Bahamas. These ports now exist or are under construction at these sites. None, however, States. involves crude oil transshipment to the United Instead, these ports are intended, for the most part, to handle imported crude refined nearby to supply certain finished products to U.S. markets. The hypothetical foreign superports assumed in this study would allow transfer of large tonnages of oil destined for the United States from supertankers to smaller vessels. These vessels would then enter existing U.S. ports. There are alternative bases for comparison. For example, the supertanker might discharge its crude by lightering at sea. We have not chosen this alternative, among other reasons, because it is generally thought to be environmentally unsouild. Some feel that the base case should be continued use of regular port facilities and tankers averaging, us say, 40,000 DWT. let The p roblem with this option, however, is that the economic benefits of the larger tankers have been demonstrated and, for this reason, both supertankers and foreign deepwater ports are now being built. It seems unlikely that, once they are completed, the domination of smaller tankers on longer runs w ould continue. 11 The base case chosen is not ideal. considered, However, all things it appears to be the m o s t realistic choice possible. 3. The Choice of Technologies for the Dee p w a t e r Ports. We assume one of three port technologies. a. Monobuoy. The m o n o b u o y is an offs h o r e m o o r i n g connected to m a inland storage facilities by a pipeline. It would not have the protec t i o n of a breakw a t e r and the s u p e r tanker would be free to rotate around the buoy. The m o nobuoy is the simplest and cheapest of the three alternatives. k- Sea I s l a n d . piles to the ocean floor. The sea island w o u l d be fastened by The sea island is, studied, protected by a natural breakwater. in each case The supertanker would be tethered on one side at bo t h the b o w and stern. The crude oil w o u l d then be transferred from the tanker to storage facilities on shore by means of one or mor e pipelines. c. Artificial I s l a n d . A n island w o u l d be constructed w i t h fill and protected by a natural or m a n - m a d e breakwater. The primary function of the island, over and above that of a sea island or monobuoy, w o u l d be to house storage facilities. Transfer to the main l a n d could occur by pipeline, or small tanker. and, generally, t u g —barge, The artificial island is the m o s t elaborate the mo s t costly of the three alternatives. 12 Not all technological alternatives are assumed at each site. We have excluded those alternatives for both American and foreign ports that, in its judgment, from an engineering point of view. are not feasible The technologies assumed at each site are also listed in Table 4. 4. Sources of Imported Crude O i l . We assume that all crude oil shipped through East and Gulf Coast deepwater ports will come from the Persian Gulf. assumption. However, This ma y seem an extreme in terms of reserves, easily outranks all other producing areas. the Persian Gulf A l though some oil imports may also come from Libya, Nigeria, and Venezuela, the source of mo s t new oil imports will be the Persian Gulf fields.* Moreover, not all imported crude oil will be shipped to the United States in VLCCs and through deepwater ports. economics of the supertanker will depend, on the length of the haul. among other things, This fact, alone, rules out use of the supertanker to carry Venezu e l a n o i l . Venezuela, The Imports from and possibly Libya and Nigeria, will still be carried by smaller tankers through conventional port facili ties. There is provision in our estimates of throughput for some imports of crude oil by other than supertankers and through other than deepwater p o r t s . * For example, see U.S. Department of Commerce, Maritime Administration, Feasibility of a North Atlantic Deepwater Oil Terminal, Soros Associates, July, 1972. pp. 8-11. 12A One mi g h t also consider oil shipments via VLCC from the eastern Mediterranean. These shipments w o u l d c arry both Libyan and Pers i a n Gulf oil, the latter transported to the eastern M e d i t e r r a n e a n by means of pipeline. instability in the M i d d l e East, Because of pol itical the v u l n e r a b i l i t y of the p i p e line, and the policies of the p r e s e n t L i b y a n regime, it n o w seems highly unlikely that the United States w o u l d find it possible to rely heavily o n this source of foreign oil. have, therefore, 5. We chosen to ignore this alternative. The Level of Th r o u g h p u t at U.S. D e e p water P o r t s . Because the study estimates the costs of each al t e r n a t i v e at various levels of throughput, it is important to k n o w the range of throughput over w h i c h one m u s t carry the analysis. For all E a s t C o a s t and one Gulf C o a s t port, w e assu m e 0 to 6 million barrels per day; 0 to 10 m i l l i o n barrels. for the r e m a ining Gulf C o a s t port, These estimates are ba s e d on t h r o u g h put projections d i s cussed in the first section. The level of throughput is increased segmentally for ea ch deepwater port. The size of each segment w as d e t e r m i n e d by the Army Corps of Engineers to be co n s i s t e n t w i t h b e s t engineering practice. In general, four or five d i s c r e t e steps are required to reach an ultimate throughput barrels per day. of 6 m i l l i o n mm4 • i3A PORT Ai ID TR AN SFER T E CH N O LO G IES FOR SUPERPORT S I T E S Kachias Sea Island (Platform) - T u g Barge Raritan Bay Sea Island (Platform) Sea Island (Platform) Island - P i p e l i n e Island - T ug B a r g e - Pipeline - Tu g B a r g e Long Branch » Island Island • Monobuoy Monobuoy Cape M ay T ug B arge Pipeline - Pipeline - T u g Barge Sea Island (Platform) Island - Tu g B arge Island - Pipeline Sea Island (platform) Cape Kenl o p e n Monobuoy Monobuoy I s land Island - Bayou LaFourche - Pipeline - T u g Ba r g e - Pipeline - i’ug Barge Pip e l i n e T ug Barge Island - Pipeline * Island - Tu g Ba r g e M o n o b u o y - T ug B arge Monobuoy - Pipeline Free p o r t Monobuoy - Pipeline M o n o b u o y - T u g B arge Nova Scotia Sea Island (Platform) - T a n k e r 1. D i s t r i b u t i o n to E a s t C o a s t R e fin e rie s Sea Island (Platform) - T a n k e r lJ D i s t r i b u t i o n to E a s t C o a s t 2. D i s t r i b u t i o n to G u l f C o a s t R e f i n e r i e s Bahamas • V R e f i n e r i e s 14 6. The Size, Type, and Number of S u p e r t a n k e r s . We also assure throughout a 250,000 DWT supertanker. Since choosing 250,000 DWT, Shell Oil has announced contracts for two 520,000 ton tankers and trade journals have begun discussing the possibility of one million ton tankers in the not too distant future. The 250,000 ton tanker may, by 1980 or 1985, be as outdated as the 20,000 ton tanker is now. To assume a larger supertanker would require considerable reworking of the data. For our purposes, however, it is sufficient to note that the larger the tanker, the more likely that those deepwater port alternatives relatively close to the shore (i.e., sea islands and artificial islands) would be placed at a greater cost disadvantage. Much would depend in the amount of dredging and the length of berths required to accommodate the larger tankers at the various port sites. By contrast, because the monobuoys are further out at sea, their costs should be less affected by changes in tanker size.* Some observers believe it is possible to design larger tankers with minimal addition to draft. If so, use of larger tankers m ay not affect appreciably the relative costs of deepwater ports close to the shore. However, the reduced draft may be achieved at still another price, less efficient handling of the vessel. 15 We have computed costs for bo t h U.S. and foreign flag su p e r t a n k e r s . The choice of ,5 lag is critical to the study of the economics of U.S. and foreign deepwater ports. all assumption, Under the V L C C is r e s ponsible for over 80 percent of the total costs of deepwater p o r t operations.* The equivalent annual cost of a foreign vessel is about 60 percent that of a domestic vessel. Clearly, anything that influences the relative costs of VLCCs wil l influence the relative costs of deepwater po r t operations. We also assume two types of tanker construction: tional and double bottoms. conven Double bottoms are co n s i d e r e d by EP A and CEQ to be among the m o s t important e n v i r o nmental safe guards necessary to assure r e asonable p r o t e c t i o n agai n s t maj o r oil spills. additive. We treat the c o s t of d o uble bottoms as In this way, w e are able to estimate w h e t h e r a U.S. requirement that supertankers have double bottoms, whi c h is not imposed by Canada or the Bahamas, m i g h t put U.S. deepwater ports at a significant cost disadvantage.** Finally, we mu s t estimate the number of supertankers required for each level of throughput, and each technology. * each dee p w a t e r port, This number varies w i t h b o t h level of For the example of the Long B r anch monobuoy, see T able 3. ** In estimating the higher costs of double bottoms w e not only consider the higher cons t r u c t i o n costs, b ut also the lower carriage capacity of double b o t t o m vessels h a ving the same dimensions as conventional vessels. imports and distance. It also v a ries w i t h w e a t h e r c onditions and the existence of natural or m a n m a d e breakw a t e r s at each site. For example, for a cert a i n number days m o n o b u o y s in the Atlantic m a y be inoperable beca u s e of the weather. Super tankers would have to stand-off b e f o r e b eing able to m o o r e and discharge their cargoes. By contrast, p r o t e c t e d sea islands and artificial islands along the A t l a n t i c C o a s t w o u l d have a greater all-weather c a p a b i l i t y and would, reason, allow mo r e efficient use of VLCCs. for this This co s t d i f f e r e n tial should be c onsidered in our analysis of a l t e r n a t i v e p o r t sites and technologies. 7. A s s umptions a bout the W e a t h e r . weather was, perhaps, the study. The t r e a t m e n t of the m o s t d i f f i c u l t issue c o n s i d e r e d in Originally, w e assumed a w e a t h e r d i f f e r e n t i a l which we then expressed in terms of less e f f i c i e n t use of VLCCs serving b o t h Atla n t i c and Gulf C o a s t monobuoys. (All sea islands and artificial islands w o u l d be p r o t e c t e d by natural or man - m a d e breakwaters? assumption did not affect, m o n o b u o y s w o u l d not.) appreciably, the East Coast alternatives? This the r e l a t i v e costs of sea islands and a r tificial islands in N e w York Harbor and D e l a w a r e B ay are favored by extreme assumptions about w e a t h e r d i f f e r e n t i a l s in the A t l a n t i c The monobuoy alternatives are favored by the abse n c e of weather differentials. 17 Disagreement w i t h our initial treatment of the weather differential stemmed, in part, from objections to our implicit assumption that monobuoy practices w ould continue wi t h little improvment in the near future. In fact, monobuoy operations are relatively recent and have been evolving rapidly. There is a consensus in the industry that, as experience in the use of monobuoys grows, where downtime technology will improve to the point because of w eather will be minimized. the monobuoys w o u l d suffer little, of adverse w eather conditions. If so, if any, disadvantage because Second, the primary constraint imposed by weather is not in the discharging of oil in high seas, but in the tanker's mooring at the monobuoys. conditions of weather, In most it w ould b e possible for pumping to occur as long as there w e r e a break in the weat h e r sufficient to allow mooring. gueueing. Third, the p r o b l e m is essentially one of Adverse w eather would result in a line-up of tankers at the monobuoy. Work by E P A suggests that the size of the queue and, hence, waiting time could be reduced sub stantially by the simple and relatively inexpensive expedient of adding one additional monobuoy. Finally, the island, too, may b e *inoperable during bad weather if the tugs needed to assist tankers to their berths are unable to put to sea. For these reasons, we also estimate the costs of the various alternatives assuming no weather differential at a given location. This assumption, in effect, sets a lower as well as an upper boundary to the impact of weather conditions on the choice of deepwater port locations and technologies. For the most part, we restrict ourselves in this paper to the second case only. We assume no weather differential at each port site. 8. The Discount R a t e . of 10 percent. This, we feel, We use throughout a discount rate is a realistic measure of the value of capital in the United States. It is also the standard now used by OMB. Our choice of 10 percent has stirred some controversy. This, it is argued, is much too low and unacceptable to industry given the substantial risks involved in constructing a deepwater port. What are these risks? For one, recent changes in U.S. oil import policies m ay result in a reduced need for imports beyond, let us say, 1980 or 1985. Or, there may be changes in policies affecting other energy sources, such as natural gas, that increase the consumption of these sources and, because of this, decrease import demand for crude oil. In each case, the risks involve, primarily, the useful or economic lifetime of the deepwater port facility. We account for these risks by varying the lifetime of the facility to determine whether, in fact, this would result ln different port sites and technologies providing the least cost means of importing Middle Eastern crude oil. In effect, i therefore, 10 percent represents a tisk-free rate of return on investment. 19 9. The Lifetime of the F a c i l i t y . We assume, first, that each capital input w o u l d be used for its full physical lifetime. We then assume m a x i m u m economic lifetimes of 20 and 10 years in the e x p ectation that the po r t w o u l d be used only for a finite number of years, after w h i c h alternative sources of fuel or energy w o u l d come into being and terminate a substantial U.S. r e q uirement for imported oil. However, we exclude from this constraint capital inputs that are not committed to the po r t itself, bu t wo u l d have alternative uses w e r e the port to cease operations. These inputs are assigned their full physical lifetimes throughout. The m o s t important are supertankers. Imposition of a 20-year lifetime o n n o n - r e u s a b l e capital inputs yields results little d i f f e r e n t fro m our initial assump tion of full physical lifetime. However, i m position of a 10-year economic lifetime does resu l t in some change in our conclusions. As a general rule, the shorter the lifetime, the mo r e the mono b u o y and tug b arge m o d e of transfer are favored over the islands and p i peline transfer. event, the cost differentials are not that great. purposes, w e can assume full physical lifetime. computations are available, however, a di f f erent assumption. In any For our Alternative for those w h o w o u l d prefer 10. The L o cation of N e w Refi n e r y C a p a c i t y . The destinations to w h i c h throughput is transferred on the location of n e w refinery capacity. depe n d In the absence of any guidelines, w e have assumed that the g eographic dispersion of Ea s t and Gulf C oast refineries will, in the future, be the same as the d i s p e r s i o n at present. O n the East Coast, this means transsh i p m e n t of large amounts of crude oil to N e w York and the Upper Dela w a r e Bay and a small amount of crude oil to the N e w Yo r k River. O n the Gulf Coast, this means transshipment to the m a n y r e fineries located on or near the Gulf of Mexico. The p e r centages of throug h p u t assumed to be d i s t ributed to each r e finery site on each coast are presented in Table 5. Some have d i s a greed w i t h this choice of locations of future demand for crude oil. W h e r e d e m a n d w i l l be located in the year 2000 is anyone*s guess. refinery capacity, Some d i s p e r s i o n of p a r t i cularly on the east coast, now seems likely. 11. The Choice of Te c h n o l o g y for the T r a n s f e r L e g . We also assume three means of t r a n s ferring the crude oil from the deepwater port to refineries: small tanker. pipeline, tug-barge, and In no case is a pure transfer te c h n o l o g y assumed. On the East Coast, for example, the imported crude oil m a y be pumped ashore by p i peline and then trans s h i p p e d by 20A Table 5 THE ASSUMED DISTRIBUTION OF CRUDE OIL TO VARIOUS REFINERY SITES East Coast Percentage to: Yorktown N e w York Wilmington 4.0 26.0 70.0 Gulf Coast Percentage to: N e w Orleans Baton Rouge Lake Charles Pascagoula Houston Beaumont Corpus Christi Texas City Freeport 15.0 8.9 6.4 5.8 19.7 26.7 6.3 9.4 1.8 21 tug-barge to a refinery. Pipeline transshipment would be used only if there is sufficient throughput. the case for thfe York River refinery which, This is not it is assumed, would under all circumstances receive its crude oil via tug-barge or tanker.* We were also faced wit h a choice between tug-barges and small tankers. A n examination of costs suggested that, for short hauls close to the shore, tug-barges provide much the more efficient alternative. For relatively long hauls, however, the opposite is the case. The reason for this is that the higher costs of tankers are then nullified by the greater speeds obtained on the open seas. The breakeven point appears to occur at about 1000 miles round trip* Therefore, to simplify our analysis, we assume that tugbarges would be used for transfer from a U.S. deepwater port while tankers w ould be used for transfer from a foreign deep water port to U.S. refineries. We assume throughout that the tug-barge and tanker would have a 40,000 DWT capacity. We also assume both conventional and double bottom tug-barges and tankers. Finally, we assume that tug-barges carrying crude oil to U.S. refineries would be subject to the Jones A c t and would, under all circumstances, In retrospect, we should have ignored distribution to the York River refinery altogether on the assumption that, were this refinery to depend on foreign crude, it could be accommodated by smaller tankers sailing directly to the York River from origins other than the Persian Gulf. 22 sail under the U.S. - flag, w h i l e tankers carr y i n g crude oil from foreign deepwater ports w o u l d have an a d v antage in their ability to sail under a foreign flag. 12. Restriction of Refinery Demand to PADs I and I I I . We also assume that all imports of crude oil t hrough E a s t Coast deepwater ports will serve PAD I (East Coast) refineries, while all imports through Gulf C o a s t deepwater ports will serve PAD III (Gulf C o a s t ) .r e f i n e r i e s . assumption that, practice, This is an extreme in retrospect, w e w i s h w e had varied. In some of the crude oil e n tering the U n i t e d States through PAD I will be transshipped to other PADs. This is especially true of Gulf C o a s t ports w h i c h w o u l d also supply PAD II (the central states) and PAD III refineries. Our r e s t riction of t hroughput to the PAD in w h i c h the port is located p r obably does not have that gr e a t an impact on the relative costs of Ea s t C o a s t dee p w a t e r ports. it does bias our results for the Gulf. about throughput, However, U nder all assumptions a m o n o b u o y at Freeport, Texas, appears from our analysis to be a better choice than a m o n o b u o y at Bayou LaFourche, Louisiana. The r e ason for this is apparent in the d a t a on the d i s t ribution of import d e mand pre s e n t e d in Table 5. Sixty-four perc e n t of the r e fining of crude oil in PAD III is concentrated in Texas in areas r e l a t i v e l y close to the proposed F r eeport facility. If, instead, substantial 23 amounts of crude oil we r e to be imported thro u g h a Gulf Coast deepwater port for eventual t r a n s s hipment to the central or eastern states, the optimal po r t site w o u l d m o s t likely be off the Louisiana coast. In other words, the disadvantage of the Bayou L a F o urche site is m o r e appa r e n t than real. It is the result of a simplifying assumption. Here, more than anywhere else, one can see the dangers of using the results of this study as a justification for or against a particular deepwater port site. 13. The Mutual E x c lusivity of Port A l t e r n a t i v e s . the most part, we assume that, w i t h i n each PAD, each po r t facility w o u l d operate to the e x c lusion of all others. In other words, we assume that each dee p w a t e r po r t on the E a s t Coast would, by itself, supply all Ea s t Co a s t r e fineries and that each deepwater po r t on the Gulf C o a s t w o u l d supply all Gulf Coast refineries in the proportions a ssumed in Table 5. In the real world, one m i g h t e x pect mo r e than one deepwater port on each coast w i t h some m a r k e t spe c i a l i z a t i o n and resulting economics of operation. This is p a r t i c u l a r l y likely on the Gulf C oast w here b o t h pro j e c t e d imports and dispersion of refineries are c o n s iderably greater than on the East Coast. In Section 5 of this repo r t we do, in fact, consider the possibility of two d e e p water ports op e r a t i n g simultaneously on the Gulf Coast. To do this w e have had to For 24 make several adjustments, notably in the transfer module, to take into account the economies likely to result from market specialization within the Gulf Coast region. 14• Environmental Controls. EPA has drawn up a list of minimum standards necessary to prevent, contain, and clean up spills resulting from operations at each type of facility. They have also estimated the costs of implementing these requirements from port to port depending on the type of facility and transfer leg used. For the tanker leg, only one basic safeguard is estab lished, the requirement that tankers using U.S. deepwater ports have double bottoms. For the port module, provision is made for curtains, screens, and other devices for preventing and containing a spill and booms, skimmers, and launches for cleaning up a spill once it occurs. These devices are essentially the same for the sea island and artificial island. Devices for prevention and containment of minor spills are not likely to be effective at a monobuoy and are, therefore, omitted. Environmental safeguards also vary with the type of transfer leg assumed. Double bottoms are required for tug-barges and small tankers. Also, for both vessels, pro vision is made for prevention, containment, and clean up of spills at the refinery end of the transfer leg. Provision is also made for storing the dirty ballast generated by tug-barges and tankers either on the island or at on-shore storage facilities. The pipelines at sea are assumed to be 25 buried to EPA specifications and to be equipped with bleeder and block valving systems. In all instances, we have tried to estimate the incremental cost of environmental safeguards. and, in at least one instance, dirty ballast, This has not been easy storage tanks for receiving it would appear that the Army Corps data on port module costs and the EPA data on environmental costs overlap to some extent. One major environmental cost is excluded because it is unpredictable. This is the cost of damage to adjacent property because of spillage. The amount of these costs will depend, among other things, on probability of occurrence, currents, weather conditions, and value of the property, and is impossible, at least within the time frame of our study, to predict wit h any accuracy for each of the alter natives . 26 SOME GENERAL CONCLUSIONS OF THE STUDY In this section w e outline the mo r e important conclusion^ of this study. lj Under m o s t c i r c u m s t a n c e s , the c o n s t r u c t i o n of a U.S, deepwater port would result in significant savings to the United States. The dollar amounts of these savings are estimated in the next section. It is sufficient to note here that the amount of these savings per barrel tends to increase wi t h throughput. However, the cost advantage of a U.S. deepwater port disappears at ver y low levels of through put and wh e n vessels serving a U.S. port are required to have double bottoms wh i l e vessels serving a foreign port are not. Even under the w o r s t case, however, the differential between the least cost U.S. and foreign po r t is small. 2. There is a m ajor exception to this first conclusion however, wh e n U.S. flag is required for tankers docking at U.S. ports w hile foreign flag is permitted for tankers docking at foreign ports. The flag of the vessels could be the decisive factor in a private d e c i s i o n to o pt for a foreign deepwater port. For example, comparing the Lo n g Branch mono buoy wi t h a Canadian sea island and assuming a 6 mbbl/day throughput, use of U.S. VLCCs w o u l d convert a 15 percent cost advantage for the U.S. port* into an 18 p e r c e n t cost dis advantage.** * See Figure 1. ** This assumes that crude oil m u s t also be transshipped from Canadian to U.S. ports by U.S. flag tanker. Legislation re^jui^ing use of U.S. tankers for 50 p e r c e n t of oil imports was narrowly defeated by the last Congress. The same legislation has been introduced again in this C o n g r e s s • Our results sug9eS that the effect of such legislation m ay we l l be to drive oil importers away from both U.S. tankers and U.S. deepwater ports' 26 A Table 6 SAVINGS RESULTING FROM AN EAST COAST U.S. DEEPWATER PORT (cents per barrel) Throughput (mbbl/day) 0.600 0.800 1.000 1.135 1.200 1.572 2.000 2.500 3.200 5.106 6.600 W o r s t Case* Best Case -4.0 -1.6 -0.2 0.4 3.3 5.7 7.2 7.8 8.4 10.5 12.7 14.0 14.8 15.5 16.5 1.0 3.2 5.3 6.6 7.4 8.1 9.1 SOURCE: Tables 1.1, 2.1, 3.1, 4.1, and 5.1 in the Statistical Appendix. Co s t p r o jections above 6 m b b l / day have been b ased on linear e x t r a p o l a t i o n of cost functions estimated by simple r e g r e s s i o n analysis. * Tankers serving U.S. deepwater ports are r e q u i r e d to have double bottoms w hile tankers serving foreign ports are not. ** For the m o s t part, tankers serving b o t h U.S. and foreign ports are r e quired to have d o uble bottoms. 26B Table 7 SAVINGS RESULTING FROM A GULF COAST U.S. DEEPWATER PORT (cents per barrel) Throughput (mbbl/day) 0.600*** 1.400*** 1.805 2.400*** 3.248 4.175 6.782 10.600 10.900 14.700 Worst Case * Best Case ** -14.2 - 0.4 - 3.6 0.1 4.0 4.6 7.7 10.0 10.1 11.1 -4.7 2.7 3.8 8.4 11.5 12.0 14.9 17.1 17.2 18.2 SOURCE: Tables 1.2, 2.2, 3.2, and 5.2 in the Statistical Appendix. Cost projections above 10 mbbl/day are based on linear extrapolation of cost functions estimated by simple regression analysis. * Same as in Table 6. ** Same as in Table 6. ***Tug-barge distribution of crude oil assumed. 27 3. The reason for this is that, by far, the mo s t important component of total costs is the tanker module. As a result, any factor affecting supertanker costs tends to drive the results of the study. The least cost alternative is of ten that which permits the most efficient use of VLCCs. 4. The environmental safeguards specified by E P A do not, as a rule, add appreciably to the total costs of oil imports or affect the economics of deepwater port alternatives. A partial exception occurs wh e n supertankers are equipped with double bottoms. Double bottoms account for over 90 percent of total environmental costs and, when required at U.S. but not foreign deepwater ports, reduce considerably the savings to the United States likely to result from a U.S. deepwater port.* 5. With one major exception, pipeline distribution p ro vides the least cost means of transferring crude oil from deepwater ports to refineries. Moreover the greater the throughput, the greater the economic benefits from pipeline distribution. The exception is the Gulf Coast port handling less than two million barrels per day. In this case, distribution would permit slightly lower total costs. tug-barge This exception results from the greater dispersion of crude oil demand on the Gulf Coast. In general, this demand, as on the East Coast, the more concentrated the more efficient is Pipeline distribution. Estimates of this reduction in savings are presented in the next section and the statistical appendix at the end of this paper. 28 6. For the most part, the least cost East Coast alter native is a Long Branch monobuoy with pipeline distribution to refineries. East Coast alternatives that also show well in our analysis are the Cape May sea island and island, the Raritan Bay sea island and island, and the Cape Henlopen monobuoy, all with pipeline distribution to refineries. In each case, however, the differences in costs are not par ticularly large. The second best East Coast alternative, the Cape May sea island, typically adds about a penny to the cost of a barrel of crude oil for most levels of throughput, whereas the maximum differential for these sites is no more than 4 cents per barrel. Our analysis suggests, in other words, that factors other than costs are likely to be the dominant con siderations in the choice between the six East Coast locations. 7. The Long Branch monobuoy ceases to be the least cost alternative when extreme assumptions are made about the effect of weather conditions on the operations of an East Coast deepwater port. In this case, the Cape May sea island, which is naturally protected, tends to be the least cost alternative. However, the cost advantage on the Cape May sea island, relative to the Long Branch monobuoy, is only 2 to 3 cents per barrel for all levels of throughput. Even under the worst possible conditions for the Long Branch mono buoy, the monobuoy still proves to be, in the terms of costs at least, a reasonably attractive alternative. 29 8. By contrast, the m o n obuoys are clearly p r e f e r a b l e in the Gulf of Mexi c o for all levels of t h roughput and under all assumptions about w eather and tanker utilization» Moreover, the savings resulting from c o n s truction of a m o n o b u o y rath e r than an island are considerably greater, v a r y i n g b e t w e e n 5»5 and 10 cents per barrel. Of the two m o n o b u o y s in the Gulf, our analysis suggests that the F r e e p o r t site is to be preferred. However, for reasons given in Sections 3, this appa r e n t advantage is more the resu l t of assumptions about the d i s t r i bution of imported crude oil than any inherent defects of the Bayou LaFourche site. Under real w o r l d assumptions b o t h w o u l d be advantageous as m o n o b u o y sites. Indeed, there are no w serious proposals by industry to b uild m o n o b u o y systems at both locations. 9. The reason w h y the sea islands and islands are relatively mo r e competitive in the A t l a n t i c than in the Gulf is that the Delaware and Raritan Bays are w e l l - s u i t e d for island construction w h i l e the Gulf is not. sites are protected. Bo t h E a s t C o a s t N e i t h e r requires a breakwater, one of the more expensive elements of sea island and island c o n s t r u c tion. There has b e e n industry interest in a sea island in Delaware Bay. One reason for this m a y be the impact of the weather on alternative port sites and technologies. However, the industry m a y also anticipate the federal g o v e r n m e n t s assumption of one of the ma j o r costs of sea island construction, 30 dredging. Dredging would not be necessary for the monobuoy alternatives. 10. In summary, the study favors the monobuoy facilities in both the Gulf and the Atlantic, although in the Atlantic several alternatives to monobuoys would provide nearly the same level of benefits. In both regions, however, the construction of U.S. deepwater ports would, under most conceivable circumstances, result in considerable savings than if imported crude oil were to enter the United States through foreign deepwater ports. 31 SAVINGS RESULTING F R O M A U.S. D E E P W A T E R PORT In this last section, we estimate the savings likely to result from U.S. c o n s t ruction of one or mo r e d e e p water ports. To do so, we compare the costs of the three foreign ports with the costs of the least cost U.S. alternatives. For the East Coast, forward. the co m p a r i s o n is r e a s o n a b l y s t r a i g h t The highest anticipated level of throughput, 6.6 m b b l / day, and the concentration of demand on the E a s t Co a s t w o u l d justify no more than one or two port facilities. for this reason, assumed one facility — We have, a Long B r a n c h monobuoy system w i t h pipeline d i s t r i b u t i o n to r e fineries — for all levels of throughput. We also estimate the savings for the second best U.S. alternative — a sea island inside Delaware Bay near Cape M ay w i t h pipe l i n e d i s t r i b u t i o n to refineries. The Gulf Coast is more complex. Here, the m a x i m u m level of throughput and di s p e r s i o n of d e mand would, m o s t likely, justify several facilities located along the Coast. ^ave, for this reason, We assumed a pair of m o n o b u o y systems, each serving a part of the Gulf C o a s t market, as wel l as single monobuoy systems at Free p o r t and B ayou LaF o u r c h e serving the entire Gulf Co a s t market. To m e a s u r e the costs of the Freeport and Bayou La F o u r c h e systems combined, we roust make some rough adjustments in the transfer module; 32 regional specialization within the Gulf Coast market would permit economies in distributing imported crude oil from the deepwater port to refineries. There is a trade-off, however, between these economies and the additional costs resulting from the duplication of port facilities. For the Gulf Coast we also assume different transfer technologies depending on the level of throughput. For cases involving relatively high levels of crude oil imports, we assume pipeline distribution to markets. For relatively low levels of throughput, we assume tug-barge distribution. The total cost of each facility, as well as the cost differential of each facility relative to the least cost U.S. facility, are presented in Tables 1.1 through 5.2 in the Statistical Appendix. Each table represents a case con sidered by the Department of Interior in making its through put projections. Table 1.1 presents the cost data for East Coast throughput under Case I; Table 1.2, for Gulf Coast throughput under Case I. Similarly, Table 2.1 presents East Case throughput under Case II; Table 2.2, Gulf Coast throughput under Case II. In one instance, Case IV, the level of throughput for the Gulf Coast is too small and of too short a duration to justify building a deepwater port. We have, for this reason, omitted Table 4.2.* * With one exception, we assume the same technologies through out. The exception is Case V for the Gulf Coast (Table 5.2). Here, because the level of throughput is rather small for the entire lifetime of the monobuoy system, we assume tug-barge distribution of product and exclude the Freeport and Bayou LaFourche facilities combined. 33 Several conclusions can be drawn from these data. xj In most cases, the U.S. deepwater ports result in significant cost savings. The exceptions occur only at very low levels of throughput and, at the same time, where VLCCs serving U.S. ports are required to have double bottoms, while tankers serving foreign ports are not. 2. The cost savings for various levels of throughput are converted to cents per barrel and summarized in Tables 6 and 7. It is clear from the data presented in these tables that these savings increase significantly with throughput. There are, in other words, substantial economies of scale from using a U.S. deepwater port. 3. In general, the Long Branch monobuoy with pipeline distribution to refineries would, in all cases and at all levels of throughput, provide the least cost alternative on the East Coast. Assuming full environmental safeguards at both U.S. and foreign ports, the cost savings resulting from the Long Branch monobuoy would range between 3.3C per barrel for 0.6 mbb/day and 16.5C per barrel for 6.6 mbbl/day. Only at throughput levels considerably below 0.6 mbbl would the Long Branch monobuoy be at a cost disadvantage relative to a foreign port. 4. By contrast, the Gulf Coast offers an array of "best" alternatives. For low levels of throughput (less than one m bbl), it would not pay to build a U.S. deepwater 34 port. For higher levels of throughput (between one and two mbbl), it would pay to build one Gulf Coast monobuoy system with tug-barge distribution to refineries. At still higher levels of throughput (between 2 and 5 mbbl) it would pay to build one monobuoy system with pipe line distribution. Finally, at the highest levels of throughput (above 6 mbbl), a combination of monobuoy systems with pipeline distribution to mainland refineries would provide the least cost option. For the levels of throughput considered, savings under the best of assumptions would range between 2.7C per barrel for 1.4 mbbl/day and 18.2C per barrel for 14.7 mbbl/day. Gulf Coast The only instance in which a deepwater port facility might not be built on the basis of costs, aside from Case IV, is Case V. Here the savings are small throughout and, for much of the monobuoy's lifetime, may even be negative. 5. A major determinant of what type of deepwater port should be built, and even whether a U.S. deepwater port should be built at all, will be the level of throughput for much of the facility's anticipated lifetime. This finding underlines the importance of accurate demand projections from the start. Because the principal variants in these projections are assumptions about changes in U.S. government policies concerning the pricing of natural gas and the exploitation of the outer continental shelf, this also - 35 indicates the importance of firm decisions on these issues being made by the government as soon as possible. 6. In any event, the penalties from building a deep water port under false assumptions about throughout are generally not that great, even in the Gulf Coast region, while the rewards could be substantial. In short, our analysis suggests that, on the basis of costs, an argument can be made for building deepwater port facilities on both the East and Gulf Coasts. Table 1.1 CASE I; EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE EAST COAST MARKET (millions of dollars No Environmental S a f e g u a r d s _____ Total Cost Differ_________________________________________ per Year____ ential Safeguards U.S. O n l Total Cost per Year 1.135 rebbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 382.2 390.9 410.8 417.1 8.7 28.6 34.9 419.2 432.2 420.9 424.4 - 1.572 mbbl. crude/day Lena Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island# tanker 514.9 521.8 568.8 578.2 - 6.9 53.9 63.3 563.5 575.7 581.6 588.5 2.500 mbbl. crude/day Long Eranch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 799.4 813.0 913.7 926.9 13.6 114.4 127.5 872.2 893.2 932.5 944.2 21.0 60.3 72.1 Throughput/Facility in y _____ Differential 13.0 1.7 5.2 12.2 18.1 24.9 Safeguards at Foreign Ports Also Total Cost Differper Year____ ential 419.2 432.2 451.4 454.9 13.0 32.2 35.7 563.5 575.7 624.7 630.9 - 872.2 . 893.2 1000.0 1011.8 12.2 60.5 67.3 - 21.0 127.9 139.7 Table 1.2 CASE 1: EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE GULF COAST MARKET (millions of dollars) Throughput/Faci1ity No Environmental Safeguards Total Cost Differ per Year ential Safeguards in U.S. Only Total Cost Differ per Year ential Safeguards at Foreign Ports Also Total Cost Differ•ential per Year 1.805 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 671.5 713.0 702.8 686.9 727.3 765.0 765.6 703.5 727.3 765.0 765.6 752.2 3.248 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 1137.4 1175.9 1176.1 1251.0 10.900 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 3713.4 3710.8 3639.1 4259.6 41.5 31.3 15.4 38.5 38.7 113.6 74.3 71.7 - 620.5 37.8 38.3 -23.8 37.8 38.3 24.9 1237.2 1270.0 1283.0 1285.3 32.8 45.7 48.0 1237.2 1270.0 1283.0 1373.1 32.8 45.7 135.8 4025.0 4022.7 3984.0 4386.1 42.0 43.3 402.1 4026.0 4022.7 3984.0 4670.0 42.0 43.3 686.0 Table 2.1 CASE XI: EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE EAST COAST MARKET (millions of dollars) No Environmental Safeguards fötal Cost Differ ential per Year Safeguards in U.S. Only Differ Total Cost ential per Year Safeguards at Foreign Ports Also Total Cost Differ ential per Year 3.505 mbb1. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 1109.8 1114.4 1275.0 1293.6 1209.7 1222.4 1298.8 1318.2 12.7 89.1 108.5 1209.7 1222.4 1393.6 1412.9 5.106 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 1592*. 9 1616.0 1856.4 1891.2 1741.3 1770.2 1892.6 1927.9 28.9 151.3 186.6 1741.3 1770.2 2030.6 2061.5 28.9 289.3 320.2 6.600 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 2047.1 2078.1 2411.5 2457.6 2239.8 2276.0 2638.0 2678.1 36.2 398.2 438.3 Throughput/Facility 4..6 165.1 183.8 23.1 263.5 298.3 _ 30.9 364.4 410.4 2239.8 2276.0 2459.6 2506.3 „ 36.2 219.8 266.5 # 12.7 183.9 203.3 Table 2.2 CASE II: EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE GULF COAST MARKET (millions of dollars) No Environmental. Safeguards Total Cost Differ ential per Year Safeguards in U .S . Only Differ Total Cost ential per Year Safeguards at Foreign Ports Also Differ Total Cost ential per Year 1.805 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 671.5 713.0 702.8 686.9 727.3 765.0 765.6 703.5 727.3 765.0 765.6 752.2 3.248 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 1137.4 1175.9 1176.1 1251.0 38.5 38.7 113.6 1237.2 1270.0 1283.0 1285.3 — 32.8 45.7 48.0 1237.2 1270.0 1283.0 1373.1 —' 32.8 45.7 135.8 10.600 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 3612.9 3611.6 3542.4 4141.8 70.5 69.2 599.4 3917.1 3915.0 3878.0 4264.6 39.1 37.0 — 386.6 3917.1 3915.0 3878.0 4540.8 39.1 37.0 — 662 •8 Throughput/Facility * l * 41.5 31.3 15.4 37.8 38.3 -23.8 37.8 38.3 24.9 Table 3.1 CASE Ills EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE EAST COAST MARKET (millions of dollars) Throughput/Fac i1ity No Environmental. Safeguards Total Cost Differential per Year Safeguards in U.S. Only Total Cost Differper Year ential Safeguards at Foreign Ports Also Total Cost Differper Year ential 419.2 432.2 420.9 424.4 13.0 1.7 5.2 419.2 432.2 451.4 454.9 13.0 32.2 35.7 563.5 575.7 581.6 588.5 12.2 18.1 24.9 563.5 575.7 624.7 630.9 12.2 60.5 67.3 872.2 893.2 932.5 944.2 21.0 60.3 72.1 i « 1.135 rabbi, crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 382.2 390.9 410.8 417.1 1.57? mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea islaftd, tanker Bahamas, sea island, tanker* 514.9 521.8 568.8 578.2 2.500 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 799.4 813.0 913.7 926.9 8.7 28.6 34.9- 6.9 53.9 .63.3 13.6 114.4 127.5 872.2 893.2 1000.0 1011.8 1 21.0 127.0 139.7 Table 3.2 CASE Ills EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTE SERVING THE GULF COAST MARKET (Millions of dollars) Throughput/Facility No Environmental Safeguards____ Total Cost DÏfferper Year_____ ential Safeguards in U.S. Only Total Cost Differper Year_____ ential Safeguards at Foreign Ports Also Total Cost Differper Year_____ ential 11.5 11.4 70.0 1593.2 1604.7 1604.6 1775.3 4.175 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 1467.6 1481.3 1479.2 1617.2 13.7 11.6 149'. 6 1593.2 1604.7 1604.6 1663.2 6.782 mbbl. crude/day Freeport, monobuoy, pipeline Bayou LaFourche, monobuoy ; pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 2333.8 2334.9 2308.1 2641.9 25.7 46.8 2531.0 2548.5 2527.0 2718.5 4.0 21.5 191.5 2531.0 2548.5 2527.0 2895.6 5405.5 5386.6 5327.7 5925.1 77.8 58.9 5405.5 5386.6 5327.7 6 3 0 6 h7 14.700 mbbl. crude/day Freeport, monobuoy, pipeline Bayou Lafourche, monobuoy, pipeline Bayou LaFourche,: monobuoy, pipeline Freeport-Bayou LaFourche combined Bahamas, sea island, tanker 4986.5 4966.6 4863.4 5752.9 - 333.8 123.1 103.2 889.5 - - 597.4 11.5 11.4 182.2 4.0 21.5 368.6 77.8 58.9 979.0 Table 4.1 CASE IV: EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE EAST COAST MARKET (millions of dollars) Throughpüt/Facility No Environmental Safeguards Total Cost Differ— per Year ential Safeguards in U.S. Only Total Cost Differential per Year Safeguards at Foreign Ports Also Total Cost Differential per Year 640.8 645.9 723.5 736.1 5.1' 82.8 95.3 700.4 711.8 739.0 749.2 11.4 38.6 48.8 700.4 711.8 793.1 803.2 1.200 mbbl. crude/day Long Branch, monobüoy, pipe1ine Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 401.6 410.1 434.3 441.1 8.5 24.2 39.5 440.3 453.2 444.8 448.8 12.9 4.5 8.5 440.3 453.2 477.1 481.1 3.200 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 1010.2 1022.9 1165.3 1182.3 12.7 155.1 172.1 1101.4 1122.5 1187.6 1204.7 2.000 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 1 21.0 86.2 103.2 1101.4 1122.5‘ 1274.1 1291.2 11.4 92.7 102.8 12.9 36.740.7 21.0 172.7 189.8 T ab le CASE V: 5 .1 EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE EAST COAST MARKET (millions of dollars) Thiroughput/Facility TbtaÎ Cost pfer Year Safeguards at Safeguards in U.S. Total Cost Differ ential per Year Total Cost per Year Dif fe entis 8.5 . 23.5 29.0 368.8 380.3 368.1 370.7 11.5 -0.7 1.9 368.8 380.3 394.9 397.5 11.5 26.1 28.7 10.5 -8.8 -7.8 234.0 244.5 241.3 242.3 _ 10.5 7.3 8.3 11.0 -4.7 -2.9 301.4 312.4 • 318.1 319.9 11.0 16.7 18.5 No Environmental Differ ential 1.000 mbbl. crude/day Long Branch monobuoy pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea .island, tanker 335.3 343.9 358.9 364.3 0.600 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 212; 7' 220.8 219.7 222.3 8.1 7.0 9.6 234.0 244.5 225.2 226.2 0.800 mbbl. crude/day Long Branch, monobuoy, pipeline Cape May, sea island, pipeline Canada, sea island, tanker Bahamas, sea island, tanker 274.0 282.3 289.3 293.3 8.3 15.3 19.3 301.4 312.4 296.7 298.5 Table 5.2 CASE V: EQUIVALENT ANNUAL COSTS OF DEEPWATER PORTS SERVING THE GULF COAST MARKET (millions of dollars) No Environmental Safeguards Total Cost Differ. ential per Year Safeguards in U.S. Onlyc Total Cost Differ ential per Year Safeguards at Foreign Ports Also Total Cost Differ per Year ential 1.400 mbbl. crude/day Bayou LaFourche, monobuoy, tug-barge Freeport, Monobuoy, tug barge Bahamas, sea island, tanker 512.5 513.9 528.5 1.4 16.0 563.2 563.7 541.0 0.5 22.2 563.2 563.7 576.9 0.5 13.7 0.600 mbbl. crude/day Bayou LaFourche, monobuoy, tug barge Freeport, monobuoy, tug barge Bahamas, sea island, tanker 235.4 227.5 225.Ô . -7.9 -10.4 261.3 251.6 230.1 -9.3 -31.2 261.3 251.6 246.1 -9.7 -15.2 2.400 mbbl. crude/day Bayou LaFourche, monobuoy, tug barge Freeport, monobuoy, tug barge Bahamas, sea island, tanker 858.9 867.4 925.5 8.5 66.6 940.5 956.4 949.5 15.9 9.0 940.5 956.4 1014.4 15.9 73.9 Throughput/Facility PepartmentoftheTREASURY ASHINGTON. D C 20220 $ « § T ftE P H O N E W 0 4 -Ì0 4 lg FOR RELEASE AT 10:00 A.M. STATEMENT OF MR. RICHARD F. LARSEN, DEPUTY ASSISTANT SECRETARY FOR DEVELOPING NATIONS FINANCE, DEPARTMENT OF THE TREASURY BEFORE THE FOREIGN OPERATIONS AND GOVERNMENT INFORMATION SUBCOMMITTEE OF THE HOUSE COMMITTEE ON GOVERNMENT OPERATIONS JULY 24, 1973, at 10:00 A.M. Mr. Chairman and Members of the Subcommittee, I am pleased to have the opportunity to review with you this morning the progress made since the last hearing in the collection and reporting of delinquent foreign debts owed to our Government. As a relative newcomer to the Treasury Department, it is a privilege for me to participate in what you, Mr. Chairman, once called a "unique partnership" between the Congress and the Executive in this area of foreign debt collection. I fully share your view that the continued existence of arrearages on foreign debts places an unfair burden on the American taxpayer and, at the same time, brings into question the creditworthiness of delinquent foreign governments. Therefore, Mr. Chairman, I can assure you that the Treasury Department will continue giving the same high priority to the matter of foreign debt arrearages S-255 as has p a r t i c u l a r l y b e e n the case d u r i n g the last three years. In line w i t h y o u r request, o ur r e c e n t a c c o m p l i s h m e n t s , I shall f i r s t h i g h l i g h t then r e v i e w the acti v i t i e s of the N a t i o n a l A d v i s o r y C o u n c i l and the g e n e r a l d ebt a r r e a r a g e situation, and c o n c l u d e by b r i n g i n g yo u up to d a t e r e g a r d i n g the p r o g r e s s w e have m a d e in the c o l l e c t i o n and r e p o r t i n g of d a t a on f o r e i g n debts. Recent Accomplishments L e t m e s t a r t b y h i g h l i g h t i n g the p r o g r e s s w h i c h we h a v e m a d e in the p a s t s e v eral months. c o l l e c t i o n of f o r e i g n debts, In terms of actual a n u m b e r of g o v e r n m e n t s have s e t t l e d or s i g n i f i c a n t l y r e d u c e d their o b l i g a t i o n s to U.S. agencies. For example, u n d e r an a g r e e m e n t s i g n e d on A p ril 30, the G o v e r n m e n t of J a p a n has p r e p a i d in full its o b l i g a t i o n s t e m m i n g f r o m o ur p o s t - W o r l d W a r II e c o n o m i c a s s i s t a n c e to t h a t country. In the area of d e b t a rrearages, P a r a g u a y and Tu n i s i a h a v e p a i d the e n t i r e p r i n c i p a l of t h e i r long o u t s t a n d i n g i n d e b t e d n e s s o n f o r e i g n m i l i t a r y sales. We have r e a c h e d an a g r e e m e n t w i t h H a i t i for the r e p a y m e n t of a p o s t W o r l d W ar II d e b t r e s u l t i n g f r o m the d i s p o s a l of su r p l u s property. B r a z i l has p a i d the A r m y o v e r $3 m i l l i o n on a m i l i t a r y sales a c c o u n t w h i c h w as p r e v i o u s l y r e p o r t e d to be in arrears. The D o m i n i c a n R e p u b l i c has p a i d s e v eral m i l l i o n d o l l a r s on its a c c o u n t s due to v a r i o u s ag e n c i e s and is n o w current. Although progress m some instances has been less than satisfactory, major claims continue to receive strong consideration. Negotiations to reschedule the various obligations owed by the Chilean Government to the United States and other creditor countries are in progress — Treasury led the U.S. delegation to the creditors meeting in Paris less than two weeks ago. Our goals and those of the other creditor nations at that meeting were to press the Government of Chile to adopt adequate stabilization policies to enhance our long-range prospects of collecting all debts owed us. Some recent progress has been made on Iran's lend-lease and surplus property debts. In March, the Iranian Government paid approximately $750,000 on certain accounts, and in May it indicated that it would pay an additional $2 million on its debt. However, differences still remain with regard to the status of some $12 million in delinquent interest. Nevertheless, negotiations continue with the Iranian Govern ment and we are hopeful that an appropriate settlement will soon be reached. The status of the Chinese post-World War II debt is presently being reviewed within the Executive Branch. Finally, after a five year hiatus, negotiations concerning the Czechoslovak debt are expected to begin in the near future. Turning to the status of World War I debts, a National Advisory Council Working Group has been reviewing this ' -4- problem. On the basis of the work of this staff committee, recommendations will be formulated and I expect we will soon be in a position to report to you on this matter. National Advisory Council Activities Coordination and monitoring of agency collection efforts by the National Advisory Council have continued unabated since we last met with your Subcommittee. One of the essential considerations applied by the National Advisory Council in reviewing U.S. Government and multi lateral loan proposals is whether or not a particular country has obligations in arrears to the U.S. Government. Review and policy coordination by the National Advisory Council was an important element in achieving collection on a number of overdue debts in recent months. that our work over the past few years — by this Subcommittee — We are convinced strongly supported has resulted in a greater awareness by recipient countries of the seriousness with which the U.S. Government views debt arrearages and the importance it places on prompt payments in considering new loan requests. A weekly debt status report is submitted to the Council by the Treasury Department to assure that each potential recipient is reviewed in light of its creditworthiness. In addition, the Council has continued its semi-annual review of the status of all outstanding foreign debts. The most recent semi-annual meeting was held on June 24th when we reviewed in considerable detail the various achievements and -5- problems connected with the collection of debts owed to each lending agency. The inter-agency coordination through this forum does much to assure that our foreign debt collection activities will continue to receive a high priority. Debt Arrearages When Assistant Secretary Hennessy testified before your Subcommittee in March, we had only preliminary figures on arrearages as of December 31, 1972. These data, which are now final, show $639 million in arrears excluding, of course, World War I debt. This figure compares with the $678 million reported in arrears as of June 30, 1972. in the debt picture The improvement is mainly due to the elimination of the Soviet arrearage on lend-lease which evolved from last October's settlement. Partially offsetting this, however, was the $50 million increase in Chilean debt which occurred between June and December of last year. Long-Term Arrearages To place these arrearages in perspective, let me analyze briefly the composition of the debt. On December 31, 1972, the long-term component of the arrearages totaled $334 million. Almost $300 million of this amount was owed by five countries — Chile, China, Cuba, Egypt, and Iran. This list of countries illustrates the nature of the major debt arrearages. They either pertain to unsettled World War II accounts, such as with China and Iran, or result from more recent political problems, such as those occurring with Cuba, Egypt and Chile. The most serious debt arrearage problem - 6 - we have at this time is with Chile. As of December of last year approximately $86 million of a total of $920 million outstanding debt was in arrears. By March the 90-day due and unpaid debt of Chile had risen to almost $110 million. Short-Term and Accounts Receivable Arrearages The largest portion of the short-term credits and accounts receivable in arrears,which together totaled $305 million at the end of last year, can be attributed to unique political-military events in the post World War II period. As has been reported to the Subcommittee on previous occasions approximately $205 million of these claims represent logistical support provided to our allies during the Korean conflict and to the United Nations during its Congo operations of the early 160*s. Another sizeable segment of the accounts receivable, some $25 million, represents lend-lease claims against China and India. Although I hope that satisfactory settlement will be reached concerning these claims, I am sure you appreciate, Mr. Chairman, the complex political considerations involved in collecting these arrearages. With your permission I offer the December 31, 1972 arrearage table for inclusion in the record. Summary of Arrearages on Foreign Indebtedness To U.S. Government Agencies as of December 31, 1972 (In thousands of dollars or dollar equivalents) Agency Total Long-Term Credits Total, All Agencies 639*120 334,165 Department of Agriculture Agricultural Stabilization and Conservation Service Commodity Credit Corporation Department of Commerce National Bureau of Standards National Oceanic and Atmospheric Administration Department of Defense Civilian Canal Zone Government Panama Canal Company Military Defense Security Assistance Agency Department of the Air Force Department of the Army Department of the Navy 6,037 - 3,051 3,286 A,043 15,716 208,534 21,647 * Department of Justice Immigration and Naturalization Service 125 Department of Transportation Federal Aviation Administration U.S. .Coast Guard Department of the Treasury Bureau of Accounts Independent Agencies Atomic Energy Commission Export-Import Bank General Accounting Office Social Progress Trust Fund (Inter-American Development Bank, Trustee) Tennessee Valley Authority U.S. Postal Service U.S. Information Agency Adjustment for Indonesian debt rescheduling # Amount less than $500. 9,954 - 64,103 '409 Ill 104 Accounts Receivabl< 295,001 - 21 Department of the Interior Bureau of Mines Department of State Agency for International Development Office of the Secretary Overseas Private Investment Corporation 6,037 - Short-Term Credits 21 - - - - - 3,051 3,286 4,043 — j - ■ it--'- 76,704 38 9,506 - 15,678 199,028 21,647 - ■* — 125 - 409 - _ - —' s 143,441 118,301 - 71 144,347 * 56 129,015 - - 7,399 Ill 104 25,140 71 15,332 56 ■1 4,018 - 66 . .- - s - 3.952 - Treasury Debt Reporting Finally, let me turn briefly to the collection and reporting of data pertaining to foreign debts, which are the responsibility of the Treasury Department. As the Sub committee is well aware, the Treasury has accomplished a major expansion of its reporting system on foreign credits, since these hearings began in 1970. In response to the interest of the Subcommittee in obtaining a complete account of foreign debts owed to the United States Government, we have over the past two years developed and put into operation an entire new segment of our reporting system, to provide for the first time data on short-term U.S. Government credits to foreigners and on accounts receivable from foreigners. Thus, as Assistant Secretary Hennessy has previously stated, we are now able to give you complete figures on foreign debts of all maturities to U.S. Government agencies, as reported to us by the responsible agencies• We have previously provided these data to the Subcommittee as of June 30, 1972. These data are included for the first time in the published semiannual report. Foreign Credits by the United States Government, which we expect to submit to the Congress within two weeks. Data for subsequent semiannual periods will be made available to the Subcommittee as they become available, and will be included in future semiannual reports to the Congress. With the completion of this major reporting innovation, we have turned our attention to the solution of other problems which exist in the reporting system in order to speed up the reporting and to minimize the burden on the reporting agencies to the extent possible. This, Mr. Chairman, completes my report to you on the successes and some of the problems we have had in recent months in our effort to improve the collection of foreign debts and to improve our system of foreign debt data reporting. I shall be happy to answer any questions you or Members of the Subcommittee may have. Of |[ Department of th e fR EA S U R Y W ashington, d c 20220 TELEPHONE W04-2041 /789 ATTENTION: FINANCIAL EDITOR July ¿3, 1973 FOR RELEASE 6:30 P.M. RESULTS OF TREASURY’S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury (bills, one series to he an additional issue of the hills dated April 26, 1973 , and jthe other series to he dated July 26, 1973 , which were invited on July 17, 1973, (were opened at the Federal Reserve Banks today. Tenders were invited for $2,500,000,000, (or thereabouts, of 91-day hills and for $1,700,000,000, or thereabouts, of 182-day Ib ills. The details of the two series are as follows: ¡RANGE OF ACCEPTED ¡COMPETITIVE BIDS: High Low Average 91-day Treasury hills maturing October 25, 1973 Approx. Equiv. Annual Rate Price 97.977 a/ 97.938 97.949 8.003$ 8.157$ 8.114$ 1/ 182 -day Treasury hills maturing January 24, 1974 Approx. Equiv. Annual Rate Price 95.844 h/ 95.810 95.818 8 .221$ 8.288$ 8.272$ 1/ a/ Excepting one tender of $35,000; h/ Excepting one tender of $10,000 jffl of the amount of 91-day hills hid for at the low price was accepted 98$ of the amount of 182 -day bills hid for at the low price was accepted POIAL 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 $ 24,225,000 3,201,305,000 21.690.000 30,000,000 33.525.000 19.350.000 291.520.000 38.900.000 36.155.000 33.330.000 38.885.000 117.195.000 Accepted $ 14,225,000 2,042,280,000 21.690.000 30,000,000 31.525.000 19.350.000 190,520,000 34.160.000 23.195.000 26.120.000 18.645.000 48.495.000 Applied For $ 17,265,000 2,763,515,000 11.650.000 40.215.000 24.205.000 19.745.000 370.735.000 90.400.000 24.935.000 37.625.000 38.935.000 120.730.000 Accepted $ 7,265 ,000 1,360,475 ,000 11,650 ,000 23,595 ,000 18,205 ,000 16,345 ,000 142,905 ,000 29,140 ,000 5,555 ,000 22,760 ,000 20,235 ,000 42,895 ,000 $3,886,080,000 $2,500,205,000 £/ $3,559,955,000 $1,701,025,000 d/ ■ Includes $286,280,000 noncompetitive tenders accepted at the average price-of 97.949 I Includes $219,230,000 noncompetitive tenders accepted at the average price of 95.818 I These rates are on a hank discount basis. The equivalent coupon issue yields are 3*40$ for the 91-day hills, and 8.75$ for the 182 -day hills. Washington,d.c.20220 telephone W 04-2041 i FOR IMMEDIATE RELEASE r - July 24, 1973 TREASURY ANNOUNCES ACTIONS ON TWO INVESTIGATIONS UNDER _____ THE ANTIDUMPING ACT Assistant Secretary of the Treasury Edward L. Morgan announced, today actions on two investigations under the Antidumping Act of 1921, as amended. In the first case there was a determination of sales at less than fair value, and in the second case there was a final negative determination. These decisions will be published in the Federal Register of Wednesday, July 25, 1973. I In the first case Assistant Secretary Morgan announced that papermaking machinery and parts thereof from Sweden are being, or are Jlikely to be, sold at less than fair value within the meaning of the Anti dumping 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 duties will be assessed on all entries of paper making machinery from Sweden which have not been appraised and on which dumping margins exist. A notice of "With holding of Appraisement" was issued on April 23, 1973, which stated that there was reasonable cause to believe or suspect that there were sales at less than fair value. Interested persons were invited to submit written views and request an opportunity to make an oral presentation before final action was taken. During the period of January 1968 through September 1971, imports of papermaking machinery from Sweden were valued at approximately $10.8 million. (OVER) In the second case, the Department announced that a final determination has been made that paper making machinery and parts thereof from Finland are not being, nor are likely to be, sold at less than fair value. A tentative negative determination was published in the Federal Register on April 23, 1973. This notice invited interested persons to submit written views or arguments, or requests for an opportunity to present their views orally. During the period of January 1968 through September 1971, imports of paper making machinery and parts thereof from Finland were valued, at approximately $12.1 million. \ Department of th e T R E A S U R Y ASHINGTON. D.C. 20220 TELEP H O N E W 0 4 -2 0 1 FOR IMMEDIATE RELEASE July 24, 1973 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 $4,200,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing of $4,301,885,000 August 2, 1973, in the amount as follows: 91-day bills (to maturity date) to be issued August 2, 1973, in the amount of $2,500,000,000, or thereabouts, representing an additional amount of bills dated May 3, 1973, and to mature November 1, 1973 originally issued in the amount of $1,800,645,000, (CUSIP No. 912793 SB3 ) the additional and original bills to be freely interchangeable. 182-day bills, for $1,700,000,000, or thereabouts, to be dated August 2, 1973, and. to mature January 31, 1974 (CUSIP No. 912793 SW7). 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 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 clos\ ing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, July 30, 1973. Tenders will not be received at the Treasury Department, Washington. roast be for a minimum of $10,000. $5,000. Each tender Tenders over $10,000 must be in multiples of In the case of competitive tenders the price offered must be expressed °n the basis of 100, with not more than three decimals, e.g., 99.925. roay not be used. Fractions It is urged that tenders be made on the printed forms and for warded in the special envelopes which will be supplied by Federal Reserve Banks °r 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 submit tenders except for their own (OVER) - account. 2 - 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 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 acceptecj 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 August 2, 1973, in cash or other immediately available funds or in a like face amount of Treasury bills maturing August 2, 1973. 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 ex-' eluded 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 am ount actually received either upon sale or redemption a t maturity during the t a x a b le 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 issu • Copies of the circular may be obtained from any Federal Reserve Bank or Branch. Departmentof th eTR EASU R Y ASHINGTON, D.C. 20220 T E LE P H O N E W O4-2041 FOR IMMEDIATE RELEASE July 24, 1973 JESUN PAIK APPOINTED U.S. ALTERNATE DIRECTOR TO ASIAN DEVELOPMENT BANK Secretary of the Treasury George P. Shultz today announced the appointment of Mr. Jesun Paik as United States Alternate Director of the Asian Development Bank. Mr. Paik will serve as Alternate to the United States Director of the Bank, the Honorable Rex Beach. A native of Seoul, Korea, Mr. Paik, 36, has been Senior Vice President of the Union Bank in Los Angeles, California, with which he has been associated since September 1961. A graduate of Claremont College in Claremont, California, Mr. Paik also holds a Masters Degree in Business Administration from the UCLA Graduate School of Management. Mr. Paik and his wife, Hisuh, have two children. The Asian Development Bank, established in 1966, has its headquarters in Manila, Philippines, and is engaged in long term development lending in the Asian region. oOo S-257 July 23, 1973 NOTE TO CORRESPONDENTS: Attached is the transcript of a televised interview in Tokyo with Under Secretary for Monetary Affairs Paul A. Volcker by Mr. Hiroo Ohyama, senior economic editor of Japan Broadcasting Corporation (NHK). The interview was televised as a special public affairs presentation of NHK on Wednesday, July 18, 1973. (This transcript was prepared from a tape recording.) NARRATOR: International currency system in trouble. An interview with program with Mr. Paul A. Volcker, Under Secretary of Treasury of the United States and a U.S. dele gate to the Ninth Bilateral Cabinet Meeting on Economic and Trade Affairs. Interviewer is Hiroo Ohyama, affairs specialist of our station. economic The Ninth Cabinet Meet ing concluded its two-day session yesterday. Compared with its preceding sessions, this year's meeting was characterized by its emphasis on global interests as compared with the past emphasis on bilateral interest vis-a-vis trade influence. This year bilateral interest has been very well improved so that our interests in this year's meeting were Japan's role or U.S. role or mutual contributions which are made to the global economic scene. We have the presence of Under Secretary Volcker of Treasury of the United States who will be talking on international currency problems and other related issues. May I please describe the present situation of interna tional currency? The critical situation has entered a period of a lull, although basic undertones of danger are still there. The lull, or period of stability, is due to the fact that Japan and other European countries have all gone to put their currencies on a floating exchange rate, and this accounts for the avoidance of any serious issues from outbursting. However, on the other hand, the trust in the dollar has not yet been recovered and there are a host of problems. An inflationary tendency has been 2 manifest all over the world, and this could be the key to the international currency system. Mr. Volcker, 45 years old, has been with the Treasury Department for four years and is now the most powerful man and decision-maker with Treasury so far as international currency affairs are concerned. Last February this year he successfully played hide-and-seek with the gentlemen of the press when he made an unannounced and unscheduled visit to Japan and other countries, and he has earned the epithet of a "ninja"* diplomat among the Japanese people. Mr. Volcker, welcome to Japan. How do you like being nicknamed a "ninja"? VOLCKER: Well, I am delighted to have a Japanese nick name, and I hope the word has some favorable connotations. But I am delighted to be associated with Japan, in any event. QUESTION: In February you must have gone through a lot of trouble to settle the issues. VOLCKER: We made a very quick trip in February, and I started off in Tokyo because it was important to have some exchange of views with the Japanese Government first and then I had to do a little quick travelling to Europe and in the space of a relatively few days some decisions were made. I was very happy at that point to get in and out of Tokyo without being seen, which is not an easy achievement for me. *ninja: master of invisibility 3 QUESTION: Thank you, sir. What, in your opinion, are the general achievements of the Ninth Cabinet Meeting? VOLCKER: Well, I think you were quite right in your introductory comments to point out that these meetings, this time, were moving away from concentration on bilateral prob lems into a consideration of some world-wide problems where we don't always share identical points of view but where we find we have large areas of common interest and common ap proach, and with important negotiations and developments going on in the monetary area, in the trade area, dealing with international investment, energy problems that we all feel, problems of international development, this was rather a good occasion for exchanging views on, not bilateral prob lems, but international problems. continue to be of interest. Now bilateral concerns These meetings are set up partly to deal with bilateral problems, and we did discuss trends in some of our bilateral relationships. We have been happy to see, and I believe the Japanese Government is happy to see, our bilateral trade balance, for instance, coming into better equilibrium. And that is something we have together been working toward and wishing for for some time, and it is gratifying to see the trade come toward a some what better balance. 4 QUESTION: Thank you, sir. From the Japanese point of view your efforts at improvement of balance of payments is quite remarkable. We have been making efforts to buy more from the United States, but quite recently, and as we look at your decision-making processes about agriculture [inaudible] you are exercising export control, which is kind of strange to us because sometimes you want us to buy and now you want us not to buy. You are not going to sell us anything. VOLCKER: No, I don't agree with that, sir. I can understand why this action which we took with great reluc tance and unhappiness, really, is disturbing. stand why you raised the question. And I under But I am also glad that you raised the question because, if I may say so, you did not put the matter in the right perspective. The fact is that the United States has been supplying steadily increas ing amounts of various raw materials and particularly grains, feed grains and food grains, to the rest of the world. And Japan has certainly been one of our better customers in the past. The point I would make is that it has been an improv ing customer, and your demands for our products have greatly exceeded Japan's own estimates of what they wanted a year or two ago. Now, this has come at a time of world-wide short ages in these materials. We have had crop failures in various 5 countries. We have had in Peru, for instance, the fishmeal industry going practically out of business due to a change in the fish population. It's an important source of protein. It adds to the demand for soybeans in the world. We've had failures in wheat crops or poor wheat crops in Australia, in Russia, and in various other countries. The United States has been residual supplier of many of these com modities and has held stocks, at considerable costs to ourselves, through the years. Now, we have continued to supply these goods abroad, and that's the point I want to make in bigger volume this year than last year, and bigger volume last year than the year before. And when we look ahead, with reasonable weather in the United States, the crops should be good and we will supply more to Japan and other countries next year than we supplied this year. Now we ran into a situation in the market of scarcity around the world in a time of some speculation where our crops, before the harvest, were oversold. And in that situation we have temporarily had to put on some controls. The point I want to make is that Japan has bought more from us this year than last year by a considerable amount and there is every indication that we will have more available next year than this year. 6 QUESTION: Thank you, sir. But Japan is a resource- poor country and, as we look at you from this side of the Pacific, the raw materials and the agricultural products and you say you cannot afford so much volume this year, we can't do anything about it to put it in more favorable balance. If we don't buy any beans from you, we can't have tempuras any longer. So, on the basis of decision-making, perhaps you can pay a little more attention to the way Japanese think and feel about these daily products. VOLCKER: It's certainly important that we take into account the needs and concerns of other countries. try to do that and will continue to do that. And we As I indicated, for instance, this current crop year we have supplied more than 50 percent more wheat, more than 100 percent more corn, and 20 percent more soybeans this year than last year. United States has been rather steady. Consumption in the So I think we are taking some account of your demands, which have exceeded your own expectations. QUESTION: To turn now to questions of international currency which is your specialty, almost every year or once every several months we have a so-called crisis in the international currency system. One of the reasons, at least, to put it bluntly, is the fact that trust or confidence in the dollar has been deteriorating. on this issue? What is your general comment 7 VOLCKER: Well, we have faced in the United States a long period of deficits in our balance of payments. And, in the end, the reliability and stability of our currency is related to our balance of payments position. In recent years we have been working very hard to correct that situation. It is the other side, in part, of Japan's surplus. We hope that Japan has been working hard and has been working hard to correct its surplus. We must achieve a better balance in our payments and, as the other side of that process, a better balance in other countries' payments. that that process is now well underway. it. Our payments are getting better. I am convinced We see evidence of Our trade balance, after sinking into deficit, a very sizeable deficit> has, for the past year, been improving. of time that trend will improve. tant. And we think over a period In the end, that's impor Now, factor number two is that the United States has had more inflation than we would like to see at home. we're not alone in having inflation in the world. Now, Inflation is true of virtually every industrialized country. We take considerable pride, actually, in the United States that if you take any reasonable period of years, if you go back 20 years, if you go back 10 years, if you go back 5 years, our price record has been better than that of virtually any other country internally. Now, in the end, in the long run, 8 our balance of payments position and the strength of the dollar is going to depend on the stability of our prices at home. And, by and large, our record has been good. Now, we have a very serious problem at the moment, in part be cause of this food situation that we have just been mention ing, a major part because of the food situation, but we are working hard on developing programs to restore price stability in the United States. We think that's our natural position, our rightful position, and where we should be is having better price stability than other countries. aiming to do. And that's what we're In the end, there's no other answer to the so-called dollar problem than stability at home. QUESTION: I see, I think you're quite right. But this dollar problem, the deteriorating confidence in the dollar, may have been caused by the severance of the dollar from gold convertibility. Although people may have their purses filled with dollars, there's no guarantee that the dollars can be converted into gold. This situation contributes to the popular disbelief, distrust in the dollar, and the re storation of convertibility to gold is of interest. What is the position of the American Government about the restoratioj of convertibility? VOLCKER: If I may say so, I think the causation that you suggest is really backwards. We suspended covertibility of the dollar because we had to make adjustments. We had this balance of payments deficit of which I spoke. to make some adjustments in exchange rates. We had Now, that has been a difficult and upsetting process in some ways. But the convertibility was suspended because the adjustments had to be made. I don't think it is right to say there is a lack of confidence because of the lack of convertibility. But rather we ended the convertibility because of the prob lems that we faced. And you have to go back to the funda mental question of our balance of payments and our internal stability when you talk about the strength of the dollar. QUESTION: For one thing, currencies have to be sort of guaranteed by policies taken by the government of that country. In the case of the United States VOLCKER: That's the only guarantee that makes any sense in the end— how good the policies of the country are. QUESTION: Now, the Japanese decision-making process is not without problems, but as we look at United States decision-making, I have the feeling that you give top priority to internal problems and international implica tions are always given a second-hand treatment. Am I right in this impression? VOLCKER: Well, I know we are criticized for that appearance that seems to be given some times, unfortunately. 10 I think this sometimes is more in the minds of foreign observers than it is in fact. I have a somewhat prejudiced view on this because I practically spend all day every day worrying about and concerned with the external side of our problems. From my perspective I don'.t think that the alle gations that we hear that we are not concerned with these external problems are correct. Indeed, we are sometimes criticized at once and the same time for taking vigorous action to improve our balance of payments which has cer tainly been needed and criticized for taking the action as well as for not taking the action. I'd rather be criticized for taking the action because we have need to take action to improve our external position. These actions are diffi cult and sometimes they impinge upon other countries. it is necessary to make these adjustments. But Now, what we're talking about in terms of the international monetary system is , in a basic way, bringing together all countries in a way that they can respect their domestic requirements, whether it's the United States, Japan, a European country, or a small developing country. They respect their domestic re quirements but do it in a way that takes account of the international needs and the needs of other countries. And/ in essence , that's what the international monetary reform is all about. 9 of the dollar because we had to make adjustments. We had this balance of payments deficit of which I spoke. to make some adjustments in exchange rates. We had Now, that has been a difficult and upsetting process in some ways. But the convertibility was suspended because the adjustments had to be made. I don't think it is right to say there is a lack of confidence because of the lack of convertibility. But rather we ended the convertibility because of the prob lems that we faced. And you have to go back to the funda mental question of our balance of payments and our internal stability when you talk about the strength of the dollar. QUESTION: For one thing, currencies have to be sort of guaranteed by policies taken by the government of that country. In the case of the United States VOLCKER: That's the only guarantee that makes any sense in the end— how good the policies of the country are. QUESTION: Now, the Japanese decision-making process is not without problems, but as we look at United States decision-making, I have the feeling that you give top priority to internal problems and international implica tions are always given a second-hand treatment. Am I right in this impression? VOLCKER: Well, I know we are criticized for that appearance that seems to be given some times, unfortunately. 10 I think this sometimes is more in the minds of foreign observers than it is in fact. I have a somewhat prejudiced view on this because I practically spend all day every day worrying about and concerned with the external side of our problems. From my perspective I don'.t think that the alle gations that we hear that we are not concerned with these external problems are correct. Indeed/ we are sometimes cr^ticized at once and the same time for taking vigorous action to improve our balance of payments which has cer tainly been needed and criticized for taking the action as well as for not taking the action. I'd rather be criticized for taking the action because we have need to take action to improve our external position. These actions are diffi cult and sometimes they impinge upon other countries. it is necessary to make these adjustments. But Now/ what we're talking about in terms of the international monetary system is, in a basic way, bringing together all countries in a way that they can respect their domestic requirements, whether it s the United States, Japan, a European country, or a small developing country. They respect their domestic re- c2ui-remen'ts but do it in a way that takes account of the international needs and the needs of other countries. And/ in essence , that's what the international monetary reform is all about. 11 QUESTION: I agree. 5 * To look at it from a Japanese position, Japan's influence is still very limited, so we have the feeling that things get done in the United States or central European capitals and we are still left more or less alone from the central stream of international decision making. VOLCKER: Don't underestimate the position of Japan because any country with the growth and the economy that Japan has, can't and shouldn't be left out of decision making. QUESTION: A further question on the dollar, or it may have something to do with the world-wide inflationary tendency, is the issue of excess dollars or the overhang of dollars swarming all over the world. There is a big amount of dollars abroad and, if you start buying oil from overseas sources, there will be more excess dollars away from the United States. Of course, the United States dollar is not the single currency which is roaming around. But this certainly is a cause of the world-wide inflationary tendency. How do you respond to that allegation and what steps are you going to take about this dollar overhang? VOLCKER: Part of the answer again has to be the funda mental question that we were discussing earlier. When our balance of payments is strong, when people realize it's strong, 12 when our domestic performance is good, when we restore price stability, these dollars will no longer be a problem to people. But they will be a stable asset which people will be glad to hold. Now, there is a problem of a large amount of liquidity in the world which is ber of countries. common to a num You referred to the oil country problem. We think if the United States is competitive, we have extremely attractive investment opportunities and a large part of the money which the oil countries have to invest will flow into the United States. Now, on a more technical level, as part of international monetary reform, there are proposals, there is discussion of the possibility of taking those dollars which are held by foreign countries officially, by their central banks or treasuries, and converting part of those into an international reserve asset which is not the cur rency of a single country. Now, this is approached partly from the standpoint of dealing with those currency balances, partly from the standpoint of creating a new asset of general acceptability. This is part of the question in negotiations for the new monetary system. Of course, one of the inter esting things in talking about these excess dollars is that you find that many countries, when you talk with them about this kind of problem, essentially say to you, "We would rather hold dollars. We're perfectly happy to hold dollars." So I think one can perhaps exaggerate the problem that you described. QUESTION: To go on, the United States has devalued your currency twice. It has been a very effective and appropriate measure to come to a sort of a settlement in the international currency crisis, but at the same time the two devaluations were very unhappy news to whomever held dollars. They will think again before they want to gather more dollars because they may be afraid the United States will go on to devalue the dollar again at some time in the future. What is the prospect of another devaluation? VOLCKER: tions. We have no intention of any further devalua We think that the two devaluations that you.described were necessary, but they were also enough. They restored an appropriate relationship between the dollar and the other currencies, and provided an opportunity for American indus try to be competitive in world markets. From then on the problem is taking care of our problems at home, essentially. We have been in a boom in the United States. part of a boom in many countries. This has been But booms have their favorable aspects and they have their unfavorable aspects. One less favorable aspect is that it has slowed down the improve ment in our trade position in our balance of payments. But we are convinced that exchange rate relationships that were established by the second devaluation are reasonably 14 appropriate. As nearly as one can judge any of these things, there is no need, as we see it, and no intention of any further devaluation. Indeed, if I can just add, with respect to some European currencies, I would say the dollar is under valued. QUESTION: Thank you. The way the dollar is going down against the West German mark I agree with your statement that the dollar is undervalued. But this again is cause for one of the facts that the major countries in the world are floating their currencies. is very effective. Some say this floating system How do you asses the present floating system? VOLCKER: Well, my assessment would agree with, I think, the view of most officials in this area, a very wide consensus that for this transitional period, given the un certainties that have existed, given the extent of the ad justments that have had to be made, it is the best system that can be devised for this period. system. It is not a permanent We want to work toward a more permanent reform of the monetary system as rapidly and effectively as we can. But for this transitional stage, this is the appropriate system to apply. And I find that view expressed in Japan as I do in Europe, and it is our view in the United States as well. (hi 15 QUESTION: Thank you, sir. Now, what troubles us a little is that simply because the present stop-gap is work ing very well it may work to discourage people to approach a drastic permanent reform. The IMF meeting scheduled for the fall is a little too near in the future. What is the per spective for this permanent reform of the monetary system anyway? VOLCKER: We should work on this, and from our stand point we are working on it as hard as we can. I am glad to have a system in place that is going to last until we can get a satisfactory and more permanent system in place. So I don't take that as a criticism of the present system— that it may be too good, as you're suggesting. It's not that good in the sense that it's not a substitute for agreed rules for an agreed system of the type we are looking for. But it will be satisfactory until we can get this new system in place, which takes some time, inevitably. QUESTION: As we look toward the new system, the Americans have come up with various proposals, one of which is that the foreign reserves be taken as our objective criteria for international balance of payments adjustment. What is the philosophy behind this proposal? VOLCKER: Well, the basic philosophy is, as we were speaking earlier, one has to take account of the external 16 needs. And the basic rule of the system, as we see it, must be to seek balance, to seek equilibrium, in your balance of payments. Now, this so-called objective indicators is simply a device for enforcing that kind of discipline in a fair, in a symmetrical, in a balanced way. good method of approaching this. to get this discipline. We think it's a The basic point is we have We have to encourage countries to work toward balance in their payments• QUESTION: Thank you. The last question is in the future currency situation, what role or contribution do you expect Japan to make? VOLCKER: Well, we expect Japan as a truly leading power in the world, along side the United States, along side Europe, to take a constructive, outward-looking role in these negotiations. As we were just speaking, we ex pect Japan, like other countries, and we have to accept this responsibility ourselves, to work toward balance in their payments. If countries can accept that obligation and responsibility, I think we will find, with Japan's help, a constructive monetary reform in the coming months. QUESTION: VOLCKER: Thank you very much, Mr. Secretary. Thank you. Department of ^T OFFICE OF REVENUE SHARING WASHINGTON, D .Q 30 226 - Telephone 634-5163 FOR INFORMATION,CALL (202) 634-5248 GENERAL REVENUE SHARING A FACT OF PUBLIC LIFE X il Y Remarks by Graham W. Watt, Director Office of Revenue Sharing U.S. Department of the Treasury at the National Association of County Officials 38th Annual Conference Dallas, Texas July 24, 1973 How do you measure the age of a program like general revenue sharing? If by time, it is still very young: only nine months have elapsed since President Nixon signed the State and Local Fiscal Assistance Act into law and made revenue sharing a reality for states and local governments -more than 38,000 of them. If we measure its age by dollars, general revenue shar ing is approaching maturity: more than eight billion dollars have already been distributed for use by states, counties and local governments. If we were to judge the program in terms of its experi ence, we would not know how much of its ultimate growth revenue sharing has already achieved. 2 We can see that our approach to federal financial assistance is a change from the pattern of the recent past. New rela tionships and new procedures have been established between those of us who represent the federal government in this effort and you who are recipients and users of the funds. The attitude is, at last, one of keeping Washington's hands off your planning and Washington's nose out of your decision making. It is too early to tell how far we can develop this type of relationship. Opinions are mixed: there are those who still feel that local needs should be assessed and addressed directly from Washington. But the overwhelming majority of local officials are enthusiastic that a portion of federally collected tax revenues is being returned to cities, towns and counties to be used to solve their local problems. If the age of revenue sharing is to be measured in terms of its achievement, then we know it is still growing. Every day, we in the Office of Revenue Sharing learn of a new example of reawakened interest and meaningful participation in government decision-making at the local level because of the existence of this program. But however the age of general revenue sharing is to be measured, it is well-established reality that state and local governments are relying upon the predictable product of our efforts. Revenue sharing has become a fact of our public life. 4 3 Our present form of general revenue sharing was first discussed seriously in the late 1960fs, when it became clear that concentration of power in Washington was diluting our democracy. Individuals and local and state governments alike were "letting Uncle Sam do more and more” and liking it less and less. Too many decisions were being made in Washington about local needs for and uses of federal aid money. Uncle Sam was deciding which problems required federal funds to solve; and if a community could not prove it had those problems, it did not qualify for federal assistance. The Federal Government no longer seemed to be relevant to many Americans. We saw the beginning of a decrease in interest in the processes of government generally. Public officials in many instances found it difficult to drum up interest in public policy. Such a trend, if carried to its ultimate end, may destroy democracy. It was in this political milieu that general revenue sharing became a subject of serious discussion. In August 1969, speaking to the nation on domestic problems, President Nixon said: 4 We can no longer have effective government at any level unless we have it at all levels. There is too much to be done for the cities to do it alone, for Washington to do it alone, or for the States to do it alone. For a third of a century, power and respon sibility have flowed toward Washington and Washing ton has taken for its own the best source of revenue. We intend to reverse this tide, and to turn back to the states a greater measure of responsi bility -- not as a way of avoiding problems, but as a better way of solving problems. Like most highly innovative ideas, this one was not immediately accepted. President Nixon proposed it again in his State of the Union Message in 1971, fought for it, and finally signed general revenue sharing into law in the fall of 1972. It is clear from our early assessment that the goal of increasing public participation is, indeed, being realized. °l (r 0 5 Many, many communities are encouraging citizens, individually and in groups, to assist in determining how their shared revenues are to be used. Take, for example, the city of Texarkana, Arkansas, where a Citizen*s Committee for Revenue Sharing has been established. The committee is made up of representatives of zones into which the city has been divided for this purpose. Members review conditions in their city, try to assess impacts of alternative uses of revenue sharing funds, hold public meetings to discuss the possibilities and make recommendations to the City Manager. In addition, the committee has responsi bility for evaluating the impact of the money once it has been spent. Not far away, in Jefferson County, Alabama, the county Board of Commissioners convened public hearings to discuss how its more than four million dollars should be allocated. Most of those who turned up at the meetings were representatives of social service groups. It should come as no surprise, therefore, to learn that more than one-third of Jefferson County’s first four million dollars was earmarked for social service programs: the home for the aged and poor was enlarged hospital equipment was purchased; and new quarters will be built at the local mental health center. 6 We understand that in Dover, Delaware, when a plan was announced to put all of the initial entitlements into a fund for the construction of a convention center, so much public interest was aroused that public hearings were convened. When finally adopted, the city’s plan called for one-third of the money to be used for the convention center and the remainder to be devoted to such programs as public transporta tion for the elderly and services for the handicapped. The point is, of course, that public participation does have an effect on government decision-making in a democratic environment; and when given something to make decisions about, the people will participate. We have learned in the last few months that many of your early planned uses included capital investments of one sort or another. We have also been made aware by many of you that the first checks you received from us were in effect a "wind fall” . Accordingly, your first expenditures of revenue sharing funds were for projects that represent very real needs but for which funds had not been available previously. Often, these involved capital expenditures. Now that you have estimates and can rely upon the timely receipt of your checks, we have heard from many of you that you plan to shift the money from capital projects and put more of it into operating and maintenance expenses. i 7 Although we in the Office of Revenue Sharing will make no value judgments on your own revenue sharing expenditures assuming, of course, that you are complying with the laws, others have commented critically on this use of the money. A television news reporter asked me recently, for example, whether I did not feel that the money would be used better if spent to benefit the poor, instead of for capital expenditures. I explained to the reporter, and I shall repeat it here, that expenditures for capital purposes and expenditures for the benefit of the poor may not be mutually exclusive. We know that a great deal of the money is being spent to build, repair and equip facilities that directly help the poor and others who are disadvantaged. We shall have more specific information to substantiate my explanation to the newsman when the information on your first Planned Use Reports has been compiled. In the meantime, however, we have a general idea about your current proposals from flipping through piles of these reports and from a very informal study that has been made by a university student working this summer in our Public Affairs office. The small community of Remer, Minnesota, wrote on its first Planned Use Report that its money was being used to fix roads because, ”It is a pitiful condition when the sick must be carried out because the roads are so bad.” 8 Santa Clara County in California has decided to use money for mobile health units, a new drug abuse program, halfway houses for alcoholics, rat control, rent payments for county health centers, a community action program for high school dropouts, and hospital equipment that will put costly treatment for kidney disease within the reach of many who previously were not able to afford this vital care. A new drainage system for the city of Sebastian, Texas, might seem superfluous to one who did not realize how very bad are the mosquitoes there because of the flooding that occurs for want of proper facilities. The mosquitoes are a health hazard to all of the citizens of Sebastian -- rich and poor, black and white, male and female. All are itching to alleviate the condition. The small county of Del Norte on the north California coast has allotted approximately half of its revenue sharing entitlements for the first three periods to capital improve ments. The improvements, planned to be made at the county hospital, include x-ray tables, two beds in the intensive care unit, a fire escape, fire doors, and a sprinkler system. These expenditures were recommended by a citizen’s committee composed of the chairmen of various county agencies, citizens groups and citizens at large. 9 The stories that we are hearing about citizen involve ment in the setting of priorities for the uses of shared revenues are encouraging as examples of the value of the democratic process and as proof of the contribution that general revenue sharing is making to that process. It is happening with your help, for in most communities we hear that local officials are encouraging citizen participation rather than waiting for it to come about. Hopefully, you welcome the citizen input to your plan ning and hopefully, it will be a source of strength to all. It is not a requirement of the Act; but it may very well turn out to be a requirement for success in our effort to renew the democratic process in America. With your permission, I shall address myself briefly to a few administrative matters with which we are all con cerned. We are aware, of course, that it is sometimes difficult for recipients of shared revenues to meet the few requirements that do apply to local use of this money. We have been told of extenuating circumstances at the local level; and we are not insensitive to these. 10 Take, for example, the situation of a town in Ohio whose clerk-treasurer wrote us this month, saying: ... we have no Mayor. He resigned and the President of the Council refuses to act or accept the Mayor’s position. We have a part-time Marshal, but our police cruiser is worn out. I as the Village Clerk Treasurer am holding on to keep the Corporation intact ... The Council holds regular monthly meetings and does business as usual. And we are entirely sympathetic to the Alaskan native village that has had to ask for an extension of time in which to file its Planned Use Report. That jurisdiction recently wrote to tell u s : We regret to inform you our Native Village Chief -who is our Chief Executive Officer under your program has passed away, May 8, 1973. He is still lost in the river... With the exception of jurisdictions whose extraordinary circumstances make it impossible for them to comply with our regulations exactly as we suggest, however, we do think that our few requirements for reporting and accounting pose no insurmountable obstacles or untenable burdens to recipients of revenue sharing funds. 11 You are by now familiar with the Planned Use Report. Hopefully, all of the jurisdictions represented at this meeting have submitted the first of those forms to us, and did so well before the June 20th deadline. Your second Planned Use Report, covering the fourth entitlement period, July 1, 1973 through June 30, 1974, is on its way to you at this moment. It may already have arrived, for it was mailed from our printers in Green Bay, Wisconsin last Friday. You will note that the amount of your government’s total fourth entitlement period is printed in the upper right- hand corner of the Planned Use Report form, near your address. This amount will be paid you in quarterly installments begin ning in October of this year and then in January, April and July of 1974. Some elaborate calculations went into the preparation of your fourth period payment amounts; and I think it important to take a few minutes now to discuss the procedure used. The total amount that Congress appropriated for distribu tion during the fourth entitlement period is $6.05 billion which is $413 million higher than the amount available for the previous fiscal year. Accordingly, the amount of money being shared with all the jurisdictions during fiscal year 1974 is roore than it was for fiscal 1973. 12 The fourth entitlement amounts that have just been cal culated and are now being announced also include all adjust ments to all payments that your governments have received so far. In almost all cases, these will be the final adjustments for the first three entitlement periods. You will be glad, I know, to learn that the amounts withheld during the first and second entitlement periods, one percent and five percent, respectively, are now being distrib uted. These funds are included in the adjustments that have been made and will be added to fourth period payments. Before your enthusiasm for that action becomes unlimited, however, let me hasten to say that the Office of Revenue Shar ing has established an Obligated Adjustment Reserve of one- hal f of one percent of the appropriation for each entitlement period. This reserve will be used to make adjustments that may be required after the close of an entitlement period. It is pruden and necessary to establish this reserve fund which will enable us to make these unusual adjustments in individual entitlements without having to recover funds already paid to the great majority of the almost 39,000 units of government that r e c e i v e shared revenues on a regular basis. / 13 When the amount of money that has accumulated in this Obligated Adjustment Reserve is clearly more than would be required to make individual adjustments, then the Office of Revenue Sharing will distribute the unneeded reserve funds to all eligible units of government. The adjustments also reflect recalculation of the first three entitlement period amounts using verified data. New tax data were introduced to calculate fourth entitlement period amounts. These new 1972 Census of Governments tax data will be subject to verification as well. These data will be published and a verification announced by ORS in the fall. To recapitulate: the net adjustments that the Office of Revenue Sharing has made to the first three entitlement period amounts for each jurisdiction were added to the fourth period allocation. The resulting total, in almost all cases, is the amount shown on the current Planned Use Report and is what a jurisdiction will receive in quarterly payments during the present fiscal year. The books have been closed for the first three entitlement periods. A few extraordinary situations do exist where long standing data challenges still require resolution. Payments that may be required in the future as a result of these data changes or court action will be made from the Obligated Adjust ment Reserve which I have described. 14 Adjustments required when fourth period data have been verified will be made and reflected in the fifth period pay ments, and the books then will be closed on fiscal year 1974. The Planned Use Report that you have just received and that gives you your fourth period payment amount must be completed, published locally and returned to the Office of Revenue Sharing by September 20th. It would be an enormous help to us if you would return these forms to us well in advance of that date, if your work on them has been completed. Our first experience with the report -- the one that you returned by June 20th -- was that we were required to employ three college students, full-time, for two weeks to do nothing but "unstuff" Planned Use Reports in the mail room. Most jurisdictions chose the very last moment to send them back to us. In this first year of operation of general revenue sharing, it must seem to you, our recipients, as though there has been a great deal of paperwork for a "no strings attached" program. Please remember that in this first year of the program’s existence, entitlement periods were shorter and the reports that we are required by law to request of you had to come more frequently to establish a schedule and get caught up with the retroactive features of the law. 15 We are now beginning a time, however, when the Planned Use Report and the Actual Use Report will be sent to you only once each year. year. This means you will receive one of each each These will correspond with the entitlement periods themselves which, as of July 1, 1973, now last for an entire federal fiscal year. I know that you are now working to complete the first Actual Use Report that was sent to you at the end of June. The due date for that report to be returned to us is September 1. Again, we would be grateful to those of you who are able to complete the report and return it to us well before the dead line . On the Actual Use Report, you are to give us the details on how you actually used all the funds that you received from the Office of Revenue Sharing through June 30, 1973. As with the Planned Use Report, the Actual Use form must be published in a newspaper of general circulation in your area; and you must inform the other news media, including minority and bi lingual media, in your locality that the reports have been published. The purpose of this requirement is to assure the citizens of your communities of minimal information about your plans for and actual uses of these funds. Its desirable, of course, that more than that be done to provide your citizens with knowledge on which to base their recommendations for uses of shared revenues. 16 Press releases, press conferences, public hearings, brief ings for citizens* groups and other similar methods are now being used by communities to ’’get the word around” . We have had a few instances brought to our attention of communities where the requirement for publication of these reports is difficult to meet. If, for some reason, any of you are having what you consider to be insurmountable problems getting copies of our reports reproduced in your local papers, please write to me in Washington. If we find that this require ment needs to be modified, we shall consider proposing to Congress that appropriate amendments be considered to our legislation. In the meantime, however, the requirement of the Act must be observed. Some of your communities may have been visited by the audit and compliance teams that travelled from the Office of Revenue Sharing to 103 states, cities and counties throughout the United States in May and in June. We are now preparing a summary report of the results of the meetings that our people held with officials in these communities. In general, it is safe for me to say that we were very pleased with the cooperative and helpful attitude shown by those who are admin istering general revenue sharing funds on the local level. 17 As you are aware, there are a few restrictions on the uses of shared revenues -- very few. They involve nondiscrim ination, minimum wage, matching funds prohibitions and the requirement on local governments that shared revenues used for operating and maintenance expenditures be spent in certain ’’priority" categories. The overwhelming majority of jurisdictions that we have > j visited clearly are determined to see that these requirements of the revenue sharing law are met. In a few instances, where this seems not to be the case, we feel it is probably because the requirements are not well understood. Needless to say, we shall help to clarify the law and our regulations where clarification is necessary and make every effort to help to achieve compliance before taking enforcement action. When our report on the audit and compliance meetings has been completed, we shall see to it that your able representatives at the National Association of County Officials in Washington are well briefed about its contents, and that they have copies so that they may pass on to you the benefit of our findings. We are continually grateful to the staff of NACO for the help they have provided all of us in facilitating the flow of accurate information about the general revenue sharing program between our office and your offices, and for their always useful suggestions on regulations, forms and procedures. 18 With their help and yours, we in the Treasury Department are confident that general revenue sharing will fulfill the high expectation of meeting local needs in a way which will assure a better quality of life for all Americans. Departmentofthe TREASURY SHIWGTON, D.C. 20220 T E L E P H O N E W04-2041 ATTENTION: FINANCIAL EDITOR July 24, 1973 FOR RELEASE 6:30 P. M. RESULTS OF TREASURY’S MONTHLY BILL OFFERING The Treasury Department announced that the tenders for $1,800,000,000, or thereabouts, of 336-day Treasury hills to he dated July 31, 1973 , and to mature July 2, 1974 , which were offered on July 18, 1973 , were opened at the Federal Reserve Banks today. The details of this issue are as follows: RANGE OF ACCEPTED CQCPETITIVE BIDS: (Excepting 3 tenders totaling $3,420,000) High Low Average - 92.210 92.135 92.167 Approx, equiv, annual rate 8.346$ per Approx, equiv. annual rate 8,427$ per Approx, equiv. annual rate 8.393$ per annum annum annum l/ ( 58 $ of the amount hid for at the low price was accepted) TOTAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: Federal Reserve District Total Applied for Total Accepted Boston New York Philadelphia Cleveland Richmond Atlanta Chicago St. Louis Minneapolis Kansas City Dallas San Francisco $ $ 2,810,000 1,514,485,000 3,645,000 12,815,000 6,280,000 5,645,000 104,555,000 10,550,000 715,000 10,360,000 2,725,000 125,515,000 TOTALS if This y is on a hank d is c o u n t b a s is . 12,810,000 2,345,385,000 17,645,000 42,815,000 6,280,000 . 5,645,000 301,555,000 24,550,000 8,715,000 24,395,000 25,225,000 167,825,000 $2,982,845,000 • $1,800,100,000 2/ The e q u iv a le n t coupon is s u e y i e l d i s 9.05$. Includes $73,600,000 e n te re d on a n o n c o m p e titive b a s is and accepted in f u l l at the average p r ic e shov/n a b o v e .' Department Treasury Officials m om __________ d n te 7 / 2 4 / 7 3 ofThe Treasury Office of Public Affairs_____ F or y o u r i nformation, a t t a c h e d is a U S I A - p r e p a r e d s u m m a r y of f o r e i g n p r e s s r e a c t i o n to the a n n o u n c e m e n t of P h a s e IV. Special Consultant to the Secretary (Public Affairs) Joseph A. Loftus room 2324 ext. 5252 W ORLDW IDE T R E A T M E N T O F C U R R EN T ISSU ES P h a s e IV A n n o u n c e m e n t No. 87 J u l y 2 0 , 1973 W o r ld w id e T r e a t m e n t of C u r r e n t I s s u e s i s p u b l is h e d b y th e U .S . I n f o r m a t i o n A g e n c y f o r o f f i c i a l u s e o n ly . T e l.: 632-4936 . . . W e s t e r n E u r o p e , p. 2 A s i a , p. 9 C o m m u n i s t C o u n t r i e s , p. 11 P H A S E I V A ND E C O N O M IC A F F A I R S Su m m ary The a n n o u n c e m e n t of P r e s i d e n t N ix o n ’ s P h a s e I V e c o n o m i c p r o g r a m r e c e i v e d m oderate to p r o m i n e n t n e w s p la y in m a n y c a p i t a l s , but d r e w s u b s t a n t i a l c o m m e n t only in B r i t a i n an d J a p a n . The U. S. e d i t o r o f t h e L o n d o n F i n a n c i a l T i m e s t e r m e d th e new c o n t r o l s " a s m u c h a p o litic a l g e s t u r e a s a n e c o n o m i c o n e , " t h e " b e n e f i c i a l e f f e c t " o f w h ic h " w i l l b e limited. " H e a d d e d t h a t t h e P r e s i d e n t " w i l l p r o b a b l y n o t g a in m u c h p o l i t i c a l l y from doing w h a t h e c o u ld n o t a v o id . . . " A c o m m e n t a t o r on J a p a n ’ s F u j i T V s a id M r . N ix o n w a s c o m b i n i n g " t h e P h a s e IV program w ith a b a l a n c e d - b u d g e t p o l i c y " an d f o r e c a s t " d i f f i c u l t t i m e s a h e a d f o r th e U. S. e c o n o m y . " Mainichi of T o k y o d o u b te d th e e f f e c t i v e n e s s o f P h a s e IV and p r e d i c t e d t h a t i t w ou ld be "a d e l i c a t e m a t t e r f o r U. S . l e a d e r s to g u id e th e A m e r i c a n e c o n o m y b e c a u s e th er< are signs of a b u s i n e s s slow d ow n in t h e c o u n t r y . . . " Current A m e r i c a n p o s i t i o n s on i n t e r n a t i o n a l t r a d e and m o n e t a r y a f f a i r s b r o u g h t mixed c o m m e n t f r o m W e s t E u r o p e a n o b s e r v e r s . Raymond A r o n w r o t e in F i g a r o o f P a r i s t h a t U. S. r e v e r s a l o f i t s f o r m e r p o l i c y against d e v a lu a t io n o f th e d o l l a r m a d e A m e r i c a n a u t h o r i t i e s lo o k " i r r e s p o n s i b l e o r .,. cy n ical. " Milan's C o r r i e r e d e l l a S e r a d e c l a r e d t h a t w h il e " A m e r i c a m u s t s t a b i l i z e th e dollar, " E u r o p e to o f a c e d a d e c i s i o n : " I t c a n n o t f e a r a n i n v a s i o n of A m e r i c a n exports on t h e on e han d and s i m u l t a n e o u s l y buy a l l i t n e e d s f r o m th e U . S. I f m atters c o n t in u e on t h i s c o u r s e , " i t c o n c l u d e d , " t h e r e w i l l b e o n ly a s e r i e s of b lackm ail o p e r a t i o n s . " Moscow d o m e s t i c r a d i o r e p o r t e d th e a n n o u n c e m e n t an d s a i d P r e s i d e n t N ix o n " v i r tually a d m it s t h a t t h e G o v e r n m e n t ’ s p r e v i o u s m e a s u r e s to a b a t e i n f l a t i o n h a v e proved u n s u c c e s s f u l . " P e k i n g N C N A c a l l e d P h a s e IV " a n o t h e r m e a s u r e . . . t o check the w o r s e n i n g i n f l a t i o n . . . . " No, 87 1I 7/20/73 London H ea d lin es B r it is h p a p e r s h e a d l in e d y e s t e r d a y : " F O O D P R I C E S L E F T O U T O F N E W U. S . S T A N D S T I L L " (T i m e s o f L o n d o n ) "N IX O N I M P O S E S S T R I N G E N T S Y S T E M O F W A G E AND P R I C E CO N TRO LS" . . 1. \ (fin a n c ia l lim e s ) " B E E F E X C E P T E D A S N IX O N L I F T S F R E E Z E " (D a i l y T e l e g r a p h ) The s t o r y b r o k e l a t e y e s t e r d a y and s h a r e d i n t e r e s t to d a y w ith B r i t a i n ' s e f f o r t s to defend th e pound s t e r l i n g an d f ig h t i n f l a t i o n . " S o m e E v i d e n c e to S u p p o r t O p t i m i s m " U. S. e c o n o m i c s c o r r e s p o n d e n t A n th o n y T h o m a s w r o t e in y e s t e r d a y 1s T i m e s that " i n h e r e n t in M r . N i x o n ’ s s t a t e m e n t and in M r . S h u l t z ’ s p r e s s b r i e f i n g i s the profou nd h o p e t h a t th e 1973 h a r v e s t w i l l p r o v e a b u m p e r one and s lo w th e re c en t v e r y r a p i d r a t e o f i n c r e a s e in food p r i c e s . T h e r e i s s o m e e v i d e n c e to support o p t i m i s m h e r e . " "N o t an In s ta n t C u r e " U .S. e d ito r P a u l L e w i s d e c l a r e d to d a y in th e in d e p e n d e n t F i n a n c i a l T i m e s th a t " P r e s i d e n t N ix o n ’ s P h a s e I V c o n t r o l s a r e a s m u c h a p o l i t i c a l g e s t u r e a s an econom ic o n e. " F o r b e t t e r o r w o r s e , th e p u b l ic h a s c o m e to id e n t i f y th e A d m i n i s t r a t i o n ' s d e t e r m i n a t i o n to p r o t e c t t h e d o l l a r ' s p u r c h a s i n g p o w e r w ith to u g h r e s t r i c t i o n s on p r i c e s and w a g e s . . . . " T h i s i s not to s a y th e y w i l l n o t h a v e s o m e b e n e f i c i a l e f f e c t , but on ly t h a t i t w i l l b e l i m i t e d and t h a t , p a r a d o x i c a l l y , th e P r e s i d e n t w i l l p r o b a b l y n o t g a in m u c h p o l i t i c a l l y f r o m doing w hat h e c o u ld n o t a v o id . . . . No. 87 2 7 /2 0 /7 3 2 " I n e v i t a b l e a s P h a s e I V i s , i t w i l l n o t p r o v i d e an i n s t a n t c u r e f o r a n y th in g and m u s t i n e v i t a b l y b e c o m e th e s u b j e c t of p a r t i s a n d e b a t e in th e i n c r e a s i n g l y b i t t e r p o l i t i c a l a t m o s p h e r e th a t h a s b low n up in A m e r i c a s i n c e t h e l a s t e l e c t i o n . " Lewis c o n c lu d e d t h a t " u n t i l W a t e r g a t e i s r e s o l v e d and a r e t u r n to b a l a n c e d e c o n o n growth h a s c a l m e d th e r e b e l l i o u s a n g e r of t h e C o n g r e s s , e v e r y P r e s i d e n t i a l initiative w i l l b e c o n t e s t e d an d th e s t r u g g l e b e t w e e n th e p r o p o n e n t s o f f o r e i g n involvem ent a n d i s o l a t i o n i s m w i l l c o n t in u e . . . " W est G erm any: N e w s P l a y f o r P h a s e IV Major W e s t G e r m a n n e w s p a p e r s y e s t e r d a y g a v e f r o n t - p a g e p la y to r e p o r t s of th e Phase IV p r o g r a m , s t r e s s i n g t h e i n t e n t i o n to l i f t r e s t r i c t i o n s on a g r i c u l t u r a l e x ports. . T h e y a l s o g a v e s p a c e to th e d e c l i n e in th e d o l l a r r a t e on i n t e r n a t i o n a l m arkets and to th e a n n o u n c e m e n t t h a t t h e U . S. w ould i n t e r v e n e to s u p p o r t th e dollar. No c o m m e n t on P h a s e IV w a s a v a i l a b l e . An a r t i c l e in r i g h t - c e n t e r F r a n k f u r t e r A l l g e m e i n e y e s t e r d a y c a l l e d t h e d e c i s i o n of the B ru ssels, m e e t i n g o f E E C a g r i c u l t u r a l m i n i s t e r s t h a t th e C o m m u n it y m a y impose e m b a r g o e s on g r a i n e x p o r t s i f n e c e s s a r y " a n i m i t a t i o n o f th e A m e r i c a n in itiativ e. " Reporting t h a t th e A d m i n i s t r a t i o n d e c i s i o n to r e s t r i c t t h e e x p o r t o f A m e r i c a n farm p r o d u c t s c a m e a s " a b o l t f r o m t h e b l u e " to m a n y E u r o p e a n g o v e r n m e n t s , im p o r te r s and p r o d u c e r s , w ho th e n w r o t e " w a r n i n g and i m p l o r i n g l e t t e r s to N ix o n ," th e a r t i c l e s t a t e d t h a t t h e U . S. r e s t r i c t i o n s " h a d f i n a l l y f u r n i s h e d E u r o pean f a r m e r s t h e c o n v i n c in g a r g u m e n t f o r e c o n o m i c s e l f - s u f f i c i e n c y . "N ow t h e E E C h a s m o r e r e a s o n to r e f u s e t o a b s o r b A m e r i c a n f a r m s u r p l u s e s an d to s p a r k n a t i o n a l a g r i c u l t u r a l p r o d u c t i o n . . . . " I n a d d itio n to g iv in g a b ad s t a r t to th e p o l i c y is ' i n c o n s i s t e n t - - f i r s t he w a n ts to of p a y m e n t s by i n c r e a s i n g a g r i c u l t u r a l s t r i c t s th o s e e x p o r t s . . . .T h e n he s e l l s M o s c o w an d P e k i n g , and l a t e r r e a l i z e s No. 87 3 G A T T n e g o tia tio n s , N ix o n ’ s i m p r o v e th e U. S. b a l a n c e e x p o r t s , and th e n he r e h u g e a m o u n t s o f g r a i n to t h a t A m e r i c a i s s h o r t of g r a i n . . . " 7/20/73 ' ' U* S. R e s t r i c t i o n s S h a k e C o n f i d e n c e 11 B u s i n e s s - o r i e n t e d H a n d e l s b l a t t o f D u e s s e l d o r f y e s t e r d a y a s s e r t e d t h a t th e U. S. had m ad e " a 1 8 0 - d e g r e e s w i t c h . " T h e U. S . r e f u s e s to su p p ly th e E u r o p e a n m a r k e t w ith a g r i c u l t u r a l p r o d u c t s a t th e v e r y t i m e w h en t h e C o m m o n M a r k e t , y i e ld in g to c o n s i d e r a t i o n s o f th e U . S . b a l a n c e of p a y m e n t s p r o b l e m s , a m o n g o th e rs, has a b so rb e d A m e r ic a n fa r m p ro d u cts. " I t i s o f no c o n s e q u e n c e t h a t th e W h ite H o u s e a s s u r e d F o r e i g n M i n i s t e r S c h e e l t h a t i t w a s s tu n n e d by t h e D e p a r t m e n t of A g r i c u l t u r e ^ p o l i c y , o r t h a t th e r e s t r i c t i o n s w i l l be l i f t e d a s s o o n a s th e c r o p s a r e in . . . . C o n f i d e n c e t h a t th e U . S . i s not o n ly a p o t e n t , b u t a l s o a r e s p e c t a b l e and r e l i a b l e c o n t r a c t o r h a s b e e n b a d ly s h a k e n . " " A l l I s in D i s a r r a y " Independent S u e d d e u t s c h e Z e it u n g of M u n ic h d e c l a r e d to d a y th a t th e s i t u a t i o n has ch an g e d b a s i c a l l y in t h e 18 m o n t h s s i n c e th e c o m in g G A T T c o n f e r e n c e w a s first p r o p o s e d . The p a p e r s a id " t h e e n t i r e t r a n s a t l a n t i c r e l a t i o n s h i p - - i n c l u d i n g s e c u r i t y , m o n e t and t r a d e p o l i c y - - h a s b e e n t h r o w n op en to d i s c u s s i o n . In s e c u r i t y p o l i c y , th e U .S .- U S S R a c c o r d h a s p r o m p t e d a p p r e h e n s i o n . . . In t h e m o n e t a r y s p h e r e , a l l i s in d i s a r r a y , l a r g e l y b e c a u s e o f t h e A m e r i c a n s . . . I n t h e t r a d e s e c t o r , th e A m e r i have gone b a c k on c o n t r a c t u a l c o m m i t m e n t s . " W e c a n n o t i m a g i n e a w o r s e c l i m a t e . . . A p p a r e n t l y th e e f f o r t s to l i b e r a l i z e w o r l d t r a d e w h ic h s t a r t e d w h e n G A T T w a s e s t a b l i s h e d in 1947 h a v e c o m e to a n end, a t l e a s t f o r th e t i m e b e i n g . E v e n i f th e N ix o n R o u n d d o e s t a k e p l a c e , th e p a r t i c i p a n t s w i l l w ith h o ld c o n c e s s i o n s in t h e b e l i e f t h a t t h e s e c o u ld b e 'so ld * m o r e p r o f i t a b l y in a w o r ld w id e ro u n d o f n e g o t i a t i o n s . . . " W est B e rlin : "E u ro p e a n s S h rin k fr o m C o n s e q u e n c e s '1 independent T a g e s s p i e g e l o f W e s t B e r l i n d e c l a r e d y e s t e r d a y t h a t n e i t h e r th e E v a l u a t i o n of th e D - m a r k n o r t h e i n t e r v e n t i o n o f th e c e n t r a l b a n k s had s to p p e d the d e c lin e o f t h e d o l l a r . No. 87 4 7 /2 0 /7 3 s The p a p e r c o n c lu d e d : " T h e E u r o p e a n s c r i t i c i z e th e s i c k d o l l a r and ho ld t h e A m e r i c a n s r e s p o n s i b l e f o r th e p e r m a n e n t m o n e t a r y c r i s i s , but t h e y s h r i n k f r o m t h e c o n s e q u e n c e s of t h e m e a s u r e s to h e a l th e s i c k n e s s - ~ a new l o w e r v a l u e o f th e d o l l a r s e t by t h e f r e e p la y o f th e m a r k e t w ou ld n o t on ly e l i m i n a t e t h e i m b a l a n c e in e x c h a n g e r a t e s , but w ould a l s o p r o v i d e t h e p r e r e q u i s i t e f o r t h e r e c o v e r y of th e A m e r i c a n t r a d e an d p a y m e n t s b a l a n c e s . " A s a r e s u l t , th e A m e r i c a n e c o n o m y w ou ld b e c o m e s t r o n g e r and m o r e e f f i c i e n t , and th e c o m p e t i t i v e s t r u g g l e on i n t e r n a t i o n a l m a r k e t s w ou ld b e c o m e m o r e d i f f i c u l t f o r t h e E u r o p e a n s . T h a t i s t h e o t h e r s i d e o f t h e d o l l a r p r o b l e m , th e s i d e t h a t i s m o r e p a in fu l f o r th e E u r o p e a n s . B u t o n ly th u s c a n th e p r o b l e m be so lv e d . " P a ris: R e s e n t m e n t o f U. S . P o l i c i e s F r e n c h m e d ia y e s t e r d a y and to d a y e x a m i n e d t r a d e and m o n e t a r y d e v e l o p m e n t s , g e n e ra lly fin d in g c a u s e f o r W e s t E u r o p e a n a l a r m and r e s e n t m e n t to w a r d U. S . p o lic ie s . No t r e a t m e n t o r d i s c u s s i o n of P h a s e IV w a s a v a i l a b l e . A m a jo r s t o r y in a l l m e d i a to d a y w a s P r e s i d e n t P o m p i d o u ’ s r e m a r k in a t e l e v i s i in te rv ie w t h a t h e w a s " n o t p e s s i m i s t i c " a b o u t th e e c o n o m i c s i t u a t i o n but " o n e should not f a l l a s l e e p , b e c a u s e th e g e n e r a l s i t u a t i o n - - m o n e t a r y , p o l i t i c a l , E u r o p e a n - - i s a m a t t e r of c o n c e r n . ” Mr. P o m p id o u d e c l a r e d t h a t t h e f r a n c w ou ld not b e r e v a l u e d and a s s e r t e d : " I t i s e s s e n t i a l t h a t E u r o p e an d F r a n c e l i v e on t h e i r own r e s o u r c e s w ith r e g a r d to t h e s u p p ly o f fo o d . " "A re We at W ar? " la r n i d d l e - o f - t h e - r o a d F i g a r o t o d a y , c o m m e n t a t o r R a y m o n d A r o n s a i d he had 'planned to w r i t e K i s s i n g e r a n op en l e t t e r c a u t io n i n g h i m a g a i n s t t h e d a n g e r o u s No. 87 5 7/20/73 orientation h e is g iv in g A m e r i c a n d i p l o m a c y . " H e saw th e A d m i n i s t r a t i o n ' s "grand p o l i c y " t a k i n g on " a n i n c r e a s i n g l y e c o n o m i c c o n t e n t " an d a s k e d : " D o c o m p e t i t o r s - - J a p a n an d W e s t e r n E u r o p e - - f i g u r e a s e n e m i e s , an d t h e f o r m e r r i v a l - - t h e S o v i e t U n i o n - - a s th e p r e f e r r e d p a r t n e r ? " Aron m a i n t a i n e d t h a t " a l l o b s e r v e r s , f r o m t h e l e f t to th e r i g h t , " c o n s i d e r th a t "we a r e a t w a r - - t h o u g h i t i s n o t c l e a r y e t w h e t h e r i t i s a t r a d e w a r o r a m o n e tary w a r . " T h e r e f o r e , h e c o n t in u e d , " i t i s h i g h ly i m p o r t a n t to u n d e r s t a n d t h e a d v e r s a r y .. . . " I f w e a r e a t w a r , l e t ' s s to p s e r m o n i z i n g : l e t u s s t r i v e to c o n v i n c e o r c o m p e l . W e c a n n o t c o m p e l th e A m e r i c a n l e a d e r s h i p to r e s t o r e g o ld c o n v e r t i b i l i t y o r to s t a b i l i z e th e p a r i t y o f th e d o l l a r . B u t w e can co n v in ce t h e m - - s o m e of th e m a r e a lr e a d y c o n v in c e d - t h a t i n o r d i n a t e m o v e m e n t o f th e A m e r i c a n c u r r e n c y i s c o n t r a r y to t h e i n t e r e s t s of e v e r y o n e , th e U. S . i n p a r t i c u l a r . . . . " T h e c o n d u c t o f A m e r i c a n a u t h o r i t i e s a p p e a r s to m e i r r e s p o n s i b l e o r , i f y o u p r e f e r , c y n i c a l . A f t e r r e f u s i n g f o r s i x y e a r s to d e v a lu e th e d o l l a r u n d e r th e p r e t e x t t h a t i t s e r v e d a s a r e s e r v e c u r r e n c y , t h e y now r e f u s e to f i x i t s v a l u e and u s e t h e s a m e a r g u m e n t to j u s t i f y t h i s o p p o s it e p o s i t i o n . I d ou bt t h a t t h i s c o n d u c t d e m o n s t r a t e s e ith er s u p e r io r in te llig e n c e or a M a c h ia v e llia n s tr a te g y . " " O u r P a r t n e r s A r e P u s i l l a n i m o u s 11 C om m enting on th e E E C a g r i c u l t u r e m i n i s t e r ^ m e e t i n g in B r u s s e l s , a b y - l i n e w riter in f i n a n c i a l L e s E c h o s r e m a r k e d y e s t e r d a y t h a t " e v e r y t i m e A m e r i c a n policy is a t I s s u e in B r u s s e l s , F r a n c e s t a n d s a l o n e . " H e n o te d t h a t F r a n c e ' s p erm an en t r e p r e s e n t a t i v e i n B r u s s e l s " h a s i m p a r t e d to h i s E u r o p e a n c o l l e a g u e s F r a n c e ’ s c o n c e r n t h a t th e C o m m o n M a r k e t n a t i o n s s h o u ld n o t b e g in N ix o n R o u n d nego tiatio ns b e f o r e t h e A m e r i c a n c u r r e n c y i s b a c k to th e p a r i t y l e v e l of l a s t M arch, but h e s e e m s to h a v e had a v e r y c o o l r e c e p t i o n . " T h e w r i t e r c o n c lu d e d : " I f F r a n c e p e r s i s t s in i t s f i r m n e s s and o u r p a r t n e r s in t h e i r r a t h e r p u s i l l a n i m o u s a t t i t u d e t o w a r d t h e U . S . , th e d a n g e r of a C o m m o n M a r k e t c r i s i s w i l l b e c o m e a b o u t a s i m m i n e n t a s a t an y t i m e s i n c e G e n e r a l de G a u l l e u s e d to pound th e t a b l e . " No. 87 6 7/20/73 ' ' E u r o p e M i s s e d C h a n c e to A v o id M a n i p u l a t i o n 11 In d e p e n d e n t-le f t C o m b a t of P a r i s d e c l a r e d y e s t e r d a y , " T h e E u r o p e o f th e N in e is d e f in it e ly not r e a d y to a b s t a i n f r o m e x p e d i e n c y and s u b t e r f u g e , n o r th e d e te s ta b le h a b it o f p la y in g f o r t i m e . It said th e C o m m o n M a r k e t a g r i c u l t u r e m i n i s t e r s had r e a c t e d to th e p r o p o s a l s advanced by F r a n c e w ith "an. a t t i t u d e i l l - s u i t e d to p r e s e n t n e c e s s i t i e s " and c o n tended t h a t " t h e y o v e r l o o k e d t h e r e a l i t y - - t h e i m m i n e n t , s e r i o u s p e r i o d - - a n d showed t h e i r w e a k n e s s , p la y in g f o r t i m e in o r d e r n o t to j e o p a r d i z e th e a l r e a d y p r e c a r io u s r e l a t i o n s b e t w e e n t h e E E C and th e U. S. b e f o r e th e N ix o n R o u n d . " The p a p e r c o n c lu d e d : " E u r o p e had a n e x c e p t i o n a l o p p o r tu n ity to show t h a t i t w i l l not l e t i t s e l f b e m a n i p u l a t e d by t h e U. S . I t h a s m i s s e d t h a t c h a n c e - d e lib e r a te ly , sh a m e fu lly . " ' 'S o y b e a n S h o r t a g e a L e s s o n f o r t h e W o r l d 1' In in d e p e n d e n t - l e f t E e M o n d e o f P a r i s , a b y - l i n e w r i t e r m u s e d t h a t " w h i l e th ere i s l i t t l e in c o m m o n b e t w e e n w h a t i s ta k in g p l a c e in th e S a h a r a n b o r d e r a re a s w h e r e l i v e s t o c k a r e dying o f t h i r s t and h u n g e r , and w h a t i s l i k e l y to hap p ei to l i v e s t o c k in F r a n c e b e c a u s e t h e A m e r i c a n s h a v e d e c id e d to r e s t r i c t s o y b e a n e x p o rts, n e v e r t h e l e s s r i c h and p o o r s u d d e n ly r e a l i z e a l i t t l e b e t t e r t h a t t h e y l i v e on the s a m e p l a n e t and s h a r e th e f r u i t s of th e s a m e e a r t h , w h ic h a r e n o t i n e x h a u stib le . " After ta k in g th e w e a l t h y n a t i o n s t o t a s k f o r s p e n d in g p r o d i g i o u s l y w h en p o w e r p olitics o r n a t i o n a l p r e s t i g e a r e a t s t a k e , th e w r i t e r d e c l a r e d : " F o l l o w i n g t h e p r i n c i p l e o f t h e d i v i s i o n o f l a b o r , E u r o p e had a llo w e d th e U. S . to s p e c i a l i z e in s o y b e a n c u l t i v a t i o n . . . . Now , a f t e r b e in g b u r i e d u n d e r s u r p l u s e s , w e w a k e up in a s i t u a t i o n of s h o r t a g e . . . . " W h e n th e U. S. saw t h a t f a r m p r i c e s had g o n e up t h r e e t i m e s f a s t e r th a n o t h e r p r i c e s , i t did n o t h e s i t a t e to l i m i t e x p o r t s o f c e r t a i n p r o d u c t s , in c l u d i n g s o y b e a n s , r e g a r d l e s s o f i t s p o s i t i o n on th e N ix o n R o u n d . . . . No. 87 7 7/20/73 " S o o n t h e a r t o f b e l t - t i g h t e n i n g w i l l no l o n g e r b e r e s e r v e d to t w o t h i r d s o f t h e e a r t h . T h e r e s u l t a n t s o l i d a r i t y m a y p e r h a p s l e a d to o th er f o r m s of s o lid a r ity . " " A g a in st a V a s s a l E u r o p e " A w r i t e r in G a u l l i s t L a N a tio n m a i n t a i n e d y e s t e r d a y t h a t th e F r e n c h G o v e r n m e n t ' s demand f o r s o m e k in d o f m o n e t a r y s t a b i l i z a t i o n a g r e e m e n t b e f o r e t r a d e t a l k s open in T o k y o t h i s a u tu m n " i s p r o m p t e d by c o m m o n s e n s e and u r g e n c y . . . " C o m m o n s e n s e : How c o u ld E u r o p e a g r e e to n e g o t i a t e t r a d e c o n c e s s i o n s i f t h e U. S. c a n c o n t in u e a t w i l l to b e s t o w upon i t s e l f c o n s id e r a b le a d v a n ta g e s by s im p le u n ila t e r a l m o n e ta r y m a n ip u la tio n ? "U rgen cy: T h e d o l l a r c o n t i n u e s to w e a k e n . . . . " S i n c e on t h e m o n e t a r y l e v e l t h e U. S . c h o o s e s to a d o p t a n a t t i t u d e . of g u ilty i n d i f f e r e n c e , i t i s up t o E u r o p e a n s to a v o id th e t r a p b e in g l a i d f o r t h e m by a c o m m e r c i a l d i s c u s s i o n w ith o u t p r i o r m o n e t a r y s e t t l e m e n t . O n c e a g a i n , th e v o i c e of F r a n c e i s r a i s e d a g a i n s t th e id e a of a v a s s a l E u r o p e . " ' }T h e D o l l a r I s W a t e r g a t e - s i c k " A lead in g p r o v i n c i a l p a p e r , P e p e c h e du M id i o f T o u l o u s e , c a r r i e d a b y - l i n e w r i t e r ’ s v ie w t h a t in i n t e r n a t i o n a l m o n e t a r y a f f a i r s " o n e e l e m e n t of w h ic h M r . Nixon i s no l o n g e r m a s t e r i n c r e a s e s th e u n c e r t a i n t y . T r u e , th e d o l l a r i s going down fo r m a n y r e a s o n s - - b a l a n c e o f p a y m e n t s d e f i c i t , d e b t - - b u t i t s d e c l i n e i s a l s o re late d to th e c u r r e n t U . S . p o l i t i c a l an d m o r a l c r i s i s . T he d o lla r is W a te r g a te s i c k . " T h u s , t h e w r i t e r d e c l a r e d , " t h e U . S . P r e s i d e n t a p p e a r s to b e b lu f f in g Europe and J a p a n a t a t i m e w h e n he i s n o l o n g e r in a p o s i t i o n to w in . " M ila n : " F r e n c h V i ew M u s t B e C o n s i d e r e d " No c o m m e n t on P h a s e IV w a s a v a i l a b l e f r o m I t a l y . Independent c o n s e r v a t i v e C o r r i e r e d e l l a S e r a o f M i l a n y e s t e r d a y t i t l e d a n e d i o ria l, " E u r o p e M u s t M a k e D e c i s i o n . " I t a r g u e d : " W e do n o t s a y t h a t t h e F r e n c h p o s i t i o n in B r u s s e l s . . . m u s t be a c c e p t e d , but i t m u s t b e c o n s i d e r e d . T h e b a s i s o f i t i s No. 87 7/20/73 th e o ld c h a l l e n g e to d o l l a r s u p r e m a c y . T h e r e no l o n g e r is a d o l l a r s t a n d a r d but w e s t i l l h a v e i t s c o n s e q u e n c e s , w h ic h a r e t h e f lo o d o f u n c o n v e r t i b l e d o l l a r s in E u r o p e an d t h e u t m o s t A m e r i c a n i n d i f f e r e n c e t o th e i d e a o f s u p p o r t in g t h e m . . . " The p a p e r d o u b te d t h a t a n e w m o n e t a r y s y s t e m c o u ld b e e v o lv e d in t h e 6 7 d a y s before th e N a i r o b i c o n f e r e n c e . I t c o m m e n t e d , " F r a n c e i s n o t t o t a l l y w r o n g when i t m a i n t a i n s t h a t t h e r e i s n o s e n s e to h a v in g d i s c u s s i o n s on t r a d e and t a r i f f reduction i f th e d o l l a r i s n o t s t a b i l i z e d . . . " W i t h o r w ith o u t th e s w a p , A m e r i c a m u s t s t a b i l i z e t h e d o l l a r ; but E u r o p e m u s t a l s o m a k e a d e c i s i o n . I t c a n n o t b e a f r a i d o f an i n v a s i o n o f A m e r i c a n e x p o r t s on t h e o n e han d and s i m u l t a n e o u s l y buy a l l i t n e e d s f r o m t h e U , S . I f m a t t e r s c o n t in u e on t h i s c o u r s e , t h e r e w i l l b e no m o n e t a r y , c o m m e r c i a l o r c u s t o m s n e g o t i a t i o n s . T h e r e w i l l o n ly b e a s e r i e s o f b l a c k m a i l o p e r a t i o n s . " H e lsin k i: " P h a s e I V 1s L i m i t e d C o n t r o l M a c h i n e r y 11 Independent H e l s i n g e n S a n o m a t d e c l a r e d in a n e d i t o r i a l t o d a y , " L i t t l e m o r e th a n a month a f t e r t h e b e g in n in g of th e f r e e z e , N ix o n h a s b e e n c o m p e l l e d t o c a n c e l the f r e e z e on food an d h e a l t h s e r v i c e s . "H e h a s s a i d r e s i g n e d l y t h a t t h e r i s e in food c o s t s c a n n o t be p r e v e n t e d , w ith o r w ith o u t c o n t r o l s . T h e f l e x i b i l i t y o f th e c o n t r o l m a c h i n e r y w i l l b e i n c r e a s e d , a lth o u g h it w i l l s t i l l b e a w k w a r d and c o m p l i c a t e d . B e c a u s e o f t h e l i m i t e d s i é e of th e U. S . c o n t r o l m a c h in e r y , it is n o t at a l l c e r t a i n th at P h a s e I V w ill be m o r e e f f e c t i v e th a n P h a s e I I I . " Tokyo: P r o m i n e n t P l a y f o r P h a s e IV Jap an e se t e l e v i s i o n n e t w o r k s and n e w s p a p e r s g a v e p r o m i n e n t c o v e r a g e to d a y and y e s t e r d a y to P h a s e IV . 6- c o m m e n t a t o r on F u j i T V s a i d t h e P r e s i d e n t w a s c o m b i n i n g " t h e P h a s e IV P ro g ram w ith a b a l a n c e d - b u d g e t p o l i c y , " t h a t " M r . N ix o n did n o t c a r r y out a t a x - i n c r e a s e m e a s u r e b e c a u s e i t w o u ld r e q u i r e C o n g r e s s i o n a l a p p r o v a l , " an" it " a p p e a r s d iffic u lt, f o r t h e P r e s i d e n t to w in C o n g r e s s i o n a l a p p r o v a l a t p resen t b e c a u s e o f t h e W a t e r g a t e a f f a i r . " H e p r e d i c t e d " d i f f i c u l t t i m e s a h e a d for the U. S . e c o n o m y .." No. 87 9 7 /2 0 /7 3 Z " R e v e a l s U. S. P e r p l e x i t y ' ' Leading l i b e r a l A s a h i o f T o k y o s a i d to d a y : " S p e a k i n g f r a n k l y , th e P h a s e IV m e a s u r e s r e v e a l U. S . p e r p l e x i t y in t r y i n g to c o n t r o l i n f l a t i o n . I t i s n a t u r a l t h a t t h e r e a r e v o i c e s of doubt e v e n in th e U. S . o v e r t h e e f f e c t i v e n e s s o f t h e s e r e g u l a t i o n s . . . " T h e f a i l u r e o f t h e U, S . G o v e r n m e n t to h a l t t h e p r o g r e s s of i n f l a tio n w i l l l e a d to a d o l l a r c r i s i s . . . . " The p a p e r w e l c o m e d th e k n o w le d g e t h a t U . S. e x p o r t c o n t r o l s w ou ld " n o t b e expanded to i n c l u d e s u c h p r o d u c t s a s c o r n , w h ic h i s i m p o r t a n t . . . f o r J a p a n . . . " However, it n o te d t h a t t h e r e h ad b e e n " n o c l a r i f i c a t i o n on s o y b e a n s and o t h e r products r e s t r i c t e d a t p r e s e n t e x c e p t f o r th e a n n o u n c e m e n t t h a t c o n t r o l s w ou ld continue u n til t h e m a r k e t i n g o f n e w c r o p s . " It d e c la r e d , " T h e U. S. s h o u ld a t l e a s t h a v e c l a r i f i e d th e t i m e s c h e d u l e on l i f t i n g the e m b a r g o ou t o f c o n s i d e r a t i o n f o r r e l i e v i n g t h e c o n c e r n o f J a p a n and o t h e r consumer c o u n t r i e s . " ' ' J a p a n Sh o u ld W a t c h C l o s e l y " Moderate M a i n i c h i o f T o k y o u r g e d to d a y , " J a p a n s h o u ld w a t c h d e v e l o p m e n t s closely r a t h e r th a n v ie w P h a s e IV o f t h e A m e r i c a n l i g h t a g a i n s t i n f l a t i o n a s an outsider. " T h e p a p e r s a i d : " T h e r e a r e d o u b ts a b o u t t h e e f f e c t i v e n e s s o f t h e new i n f l a t i o n c o n t r o l p o l i c y . I t w i l l b e a d e l i c a t e m a t t e r f o r U. S . l e a d e r s to gu id e t h e A m e r i c a n e c o n o m y b e c a u s e t h e r e a r e s i g n s o f a b u s i n e s s slo w d o w n in t h e c o u n t r y . . . " I t i s c o m m o n l y u n d e r s t o o d t h a t U . S. i n f l a t i o n i s n o t s o l e l y a d o m e s t i c p r o b l e m b e c a u s e i t c a s t s i t s sh ad o w on th e i n t e r n a t io n a l m o n e t a r y an d t r a d e s i t u a t i o n . " S eo u l: " P h a s e IV C ou ld H u r t R O K E x p o r t s " ^d ep en d en t H an k u k I l b o of S e o u l to d a y e x p r e s s e d c o n c e r n t h a t P h a s e IV c o n t r o l s ccmld c a u s e " ia " a n d th u s deal a n o th e r blow to th e R e p u b l i c o f K o r e a ' s e x p o r t i n d u s t r y w h ic h r e l i e s l a r g e l y 0n raw m a t e r i a l s s u p p lie d f r o m a b r o a d . " No. 87 10 7/20/73 P r o - G o v e r n m e n t S h in a I l b o s a id th e m e e t i n g s o f C o m m e r c e S e c r e t a r y D e n t and the South K o r e a n M i n i s t e r o f C o m m e r c e " b r i g h t e n p r o s p e c t s f o r U. S . - R O K t r a d e M oscow : "N ixon A d m itte d In fla tio n M e a s u r e s F a i l e d " Moscow d o m e s t i c r a d i o l a s t n ig h t c a r r i e d a b r i e f r e p o r t o f th e P h a s e I V a n n o u n c e ment. It s a i d t h e A d m i n i s t r a t i o n p r o g r a m " i n s u b s t a n c e b o i l s down to a t t e m p t s to curb i n f l a t i o n an d th e c o n s t a n t r i s e in p r i c e s . In h i s s t a t e m e n t on t h i s s u b j e c t , P re s id e n t N ix o n v i r t u a l l y a d m i t s t h a t t h e G o v e r n m e n t ' s p r e v i o u s m e a s u r e s to abate in f la t io n h a v e p r o v e d u n s u c c e s s f u l . T h e P r e s i d e n t s t a t e d t h a t th e p r i c e index for c o n s u m e r g o o d s had i n c r e a s e d by 8 p e r c e n t f r o m D e c e m b e r 1972 to May of t h is y e a r , s o t h a t i n f l a t i o n a r y t e n d e n c i e s a r e s t i l l s t r o n g to d a y d e s p i t e the p r i c e f r e e z e . " P r e s id e n t N ix o n found i t n e c e s s a r y to w a r n h i s c o u n t r y m e n th a t in th e s e c o n d half of th is y e a r , to o , p r i c e s in th e U. S . w ould c o n t in u e to r i s e a t a h i g h e r rate than d e s i r a b l e . " P r o x m i r e C it e d on " C l o s e E c o n o m i c R e l a t i o n s ’1 Another d o m e s t i c b r o a d c a s t r e p o r t e d t h a t t h e J o i n t E c o n o m i c C o m m i t t e e w a s taking t e s t i m o n y on i n c r e a s i n g U. S . t r a d e w ith th e U S S R . It said S e n a t o r P r o x m i r e a s c h a i r m a n had s t a t e d t h a t a s a r e s u l t o f th e N i x o n Brezhnev s u m m i t t a l k s , " t h e p o s s i b i l i t y o f e s t a b l i s h i n g c l o s e e c o n o m i c r e l a t i o n s between th e U S S R and t h e U . S . h a s c o n s i d e r a b l y i n c r e a s e d . " G overnm ent and b u s i n e s s w i t n e s s e s , i t c o n t in u e d , " u n a n i m o u s l y s t r e s s th e m u tu a l advantage of e x p a n d in g t r a d e b e t w e e n t h e tw o c o u n t r i e s , i t s f a v o r a b l e i n f l u e n c e on the s t a t e of S o v i e t - U . S. r e l a t i o n s and t h e s t r e n g t h e n i n g o f p e a c e t h r o u g h o u t the w orld. " P e k in g C ite s P h a s e IV C r i t i c i s m Peking NCNA y e s t e r d a y d e s c r i b e d P h a s e IV in i t s i n t e r n a t i o n a l E n g l i s h s e r v i c e a s another m e a s u r e t a k e n by t h e P r e s i d e n t to c h e c k th e w o r s e n i n g i n f l a t i o n a f t e r th e 0-day. f r e e z e on p r i c e s h e a n n o u n c e d l a s t J u n e 13. " t cited M r . N i x o n ' s j u s t i f i c a t i o n s f o r P h a s e IV and q u o te d A P a s r e p o r t i n g t h a t ^ead in g A m e r i c a n e c o n o m i s t a g e n e r a l l y v o i c e d l i t t l e e n t h u s i a s m W e d n e s d a y f o r R esid en t N i x o n 's e c o n o m i c p r o g r a m . T h e y a l s o s a i d t h a t th e p r o g r a m e v e n t u a l l y would le a d to h i g h e r p r i c e s by n o t c h e c k i n g d e m a n d f o r i t e m s in s c a r c e s u p p ly . " 11 7/20/73 DepartmentoftheTREASURY blNGTON, D C 20220 T E L E P H O N E W ft*-2041 FOR IMMEDIATE RELEASE TREASURY REFINANCING PLANS The Treasury today announced plans for refinancing securities maturing on August 15, $4.7 billion of which are held by the general public. The new securities will consist of $2.0 billion of 7-3/4% 4-year Treasury notes, $0.5 billion of 7-1/2% 20-year bonds callable in 15 years, and $2.0 billion of 35-day September tax anticipation bills. The new securities will be sold by competitiv^i^ing. Non competitive tenders will also be accepted in specified amounts. Tenders for the notes will be received until 1:30 p.m., EDST, on Tuesday, July 31. They will be an additional issue of the 7-3/4% notes of Series B-1977, dated August 15, 1970, due August 15, 1977. Non-competitive tenders from indi viduals and others will be accepted in amounts of $500,000 or less. Tenders for the bonds will be received until 1:30 p.m., EDST, on Wednesday, August 1. The bonds will be dated August 15, 1973, and will mature August 15, 1993, callable by the Treasury on and after August 15, 1988. Non-competitive tenders from individuals and others will be accepted in amounts of $250,000 or less. The bills will be auctioned on Wednesday, August 8. They will mature September 19, 1973, but may be used at face value in payment of Federal income taxes due on Septem ber 15. Non-competitive tenders from individuals and others will be accepted in amounts of $500,000 or less. As in the last two bond auctions, awards for the bonds will be made by the "uniform-price" method in which all accepted tenders are awarded bonds at the lowest accepted price. Awards in the note and bill auctions will be made st the price specified in accepted tenders. O VER ) -2Qualified depositaries ma y m a k e payment for 50% of the amount of t a x anticipation bills allotted by credit to Treasury t ax and loan accounts* Payment for the notes and bonds m a y not be ma d e b y credit to Treasury t ax and loan a c c o u n t s . Payment for all three issues must b e m a d e on Wednesday, August 15* In addition to the holdings by the general public* Federal Reserve and Government accounts h o l d $1 billion of t he securities maturing on August 15* Additional amounts of the n e w notes and bonds will be issued to those accounts in exchange for their existing holdings* OF Department of die J R E /l $ l if f K T H ...«•rnki-: dp».cn . 20220 im in Ishington i m i > tn ii TmE LME PUH A O NuEn W 04 2041 U I— YÀ J 7 89 ; IFOR IMMEDIATE RELEASE July 25, 1973 DETAILS OF TREASURY NOTE AND BOND AUCTIONS The notes and bonds to be auctioned to the public by the Treasury to provide funds [for refunding part of the $4.7 billion of publicly held notes and bonds maturing on ¡August 15 will be: Up to $2.0 billion of an additional amount of 7-3/4$ Treasury Notes of Series B-1977, dated August 15, 1970, due August 15, 1977, with interest payable on February 15 and August 15, and Up to $500 million of 7-l/2$ Treasury Bonds of 1988-93, dated August 15, 1973, due August 15, 1993, callable at the option of the United States on any interest payment date on and after August 15, 1988 (CUSIP No. 912810 BQQ) with interest payable on February 15 and August 15. Additional amounts of the notes and bonds will be allotted to Government accounts land the Federal Reserve Banks in exchange for their holdings of the maturing securities, [which total $1.0 billion. The notes and bonds will be issued in registered and bearer form in denominations p $1,000, $5,000, $10,000, $100,000 and $1,000,000. Tenders for the notes will be received up to 1:30 p.m., Eastern Daylight Saving Rime, Tuesday, July 31, 1973, and tenders for the bonds will be received up to 1:30 p.m. pastern Daylight Saving time, Wednesday, August 1, 1973, at any Federal Reserve Bank or jfranch and at the Office of the Treasurer of the United States, Washington, D.C. 20222; [provided, however, that noncompetitive tenders will be considered timely received if Rhey are mailed to any such agency under a postmark no later than July 30 for the notes July 31 for the bonds. Each tender must be in the amount of $1,000 or a multiple ■thereof, and must state the price offered, if it is a competitive tender, or the term noncompetitive", if it is a noncompetitive tender. The price on competitive tenders for the notes must be expressed on the basis of R00, with two decimals, e.g., 100.00. Tenders at a price less than 99.01 for the notes Rill^not be accepted. Tenders at the highest prices will be accepted to the extent pequired to attain the amount offered. Successful competitive bidders for the notes nil he required to pay for the notes at the price they bid. Noncompetitive bidders [¡^ required to pay the average price of all accepted competitive tenders. The price on competitive tenders for the bonds must be expressed on the basis of ■Oj with two decimals in a multiple of .05, e.g., 100.10, 100.05, 100.00, 99.95, etc. Pend'ers at the highest prices will be accepted to the extent required to attain the ount offered. All accepted tenders for the bonds will be awarded at the price of accepted bid. No tenders will be accepted which result in original issue uscount for tax purposes. ,lt-^rac^i°ns may not be used in tenders. The notation "TENDER FOR TREASURY NOTES" L RENDER FOR TREASURY BONDS" should b< >e printed at the bottom of the envelopes in f lch the tenders are submitted. (OVER) - 2- Those submitting 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 $500,000 or less for the notes will be accepted in full at the average price of accepted competitive tenders and noncompetitive tenders for $250,000 or less for the bonds will be accepted in full at the same price as accepted competitive tenders. The prices may be 100.00, or more or less than 100.00. Commercial banks, which for this purpose are defined as banks accepting demand deposits, may submit tenders for account of customers provided the names of the customers are set forth in such, tenders. Others than commercial banks will not be permitted to submit tenders except for their own account. Payment for accepted tenders must be completed on or before Wednesday, August 15, 1973 , at the Federal Reserve Bank or Branch or at the Office of the Treasurer of the United States in cash, 8-1/8$ Treasury Notes of Series B-1973 or 4$ Treasury Bonds of 1973, which will be accepted at par, or other funds immediately available to the Treasury by that date. Where full payment is not completed in funds available by the payment date, the allotment will be canceled and the deposit with the tender up to 5 percent of the amount of securities allotted will be subject to forfeiture to the United States. The Treasury will construe as timely payment any check drawn to the order of the Federal Reserve Bank or the Treasurer of the United States that is received at such bank or office by Friday, August 10, 1973, provided the check is drawn on a bank in the Federal Reserve District of the bank or office to which the tender is submitted. Other checks will constitute payment only if they are fully and finally collected by the payment date, Wednesday, August 15, 1973. Checks not so collected will subject the investor's deposit to forfeiture as set forth in the preceding paragraph. A check payable other than at a Federal Reserve Bank received on the payment date will not constitute immediately available funds on that date. Commercial banks are prohibited from making unsecured loans, or loans collater alized in whole or in part by the securities bid for, to cover the deposits required to be paid when tenders are entered, and they will be required to make the usual certification to that effect. Other lenders are requested to refrain from making such loans. ATTENTION: FINANCIAL EDITOR July 25, 1973 FOR IM M ED IA TE R E L E A S E TREASURY OFFERS $2 BILLION IN SEPTEMBER TAX ANTICIPATION BILLS The Treasury Department, by this public notice, invites tenders for $2,000,000,000 or thereabouts, of 35-day Treasury bills, to be issued on a discount basis under competitive and noncompetitive bidding as hereinafter provided. The bills of this series will be dated August 15, 1973, and will mature September 19, 1973. They will be accepted at face value in payment of income taxes due on September 15, 1973, and to the extent they are not presented for this purpose the face amount of these bills will be payable without interest at maturity. Taxpayers desiring to apply these bills in payment of September 15, 1973income taxes may submit the bills to a Federal Reserve Bank or Branch or to the Office of the Treasurer of the United States, Washington, not more than fifteen days before that date. In the case of bills submitted in payment of income taxes of a corporation they shall be accompanied by a duly completed Form 503 and the office receiving these items will effect the deposit on September 15, 1973 . In the case of bills submitted in payment of income taxes of all other taxpayers, the office receiving the bills will Issue receipts therefor, the original of which the taxpayer shall submit on or before September 15, 1973, to the District Director of Internal Revenue for the District in which such taxes are payable. The bills 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, Wednesday, August 8, 1973. 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 °f 100, with not more than three decimals, e.g., 99.925. Fractions may not be used. If 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 i n s t i t u t i o n s g e n e r a l l y may subm it t e n d e r s f o r a c co u n t o f custom ers Provided th e names o f th e custom ers a r e s e t f o r t h i n such t e n d e r s . O thers th a n unking i n s t i t u t i o n s w i l l n o t be p e r m it t e d t o submit te n d e r s e x c e p t f o r t h e i r own account. Tenders w i l l be r e c e i v e d w ith o u t d e p o s i t from in c o r p o r a t e d banks and tnust companies and from r e s p o n s i b l e and r e c o g n iz e d d e a l e r s i n in v estm e n t s e c u r i t i e s , cnaers from o t h e r s must be accompanied by payment o f 2 p e r c e n t o f t h e f a c e amount 0 Treasury b i l l s a p p l ie d f o r , u n l e s s t h e t e n d e r s a r e accompanied by an e x p re s s SUaranty o f payment by an in c o r p o r a t e d bank o r t r u s t company. (OVER) 2 All bidders are required to agree not to purchase or to sell, or to make any agreements with respect to the purchase or sale or other disposition of any bills of this issue at a specific rate or price, until after one-thirty p.m., Eastern Daylight Saving time, Wednesday, August 8, 1973. 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 $500,000 or less without stated price from any one bidder will be accepted in full at the average price (in three decimals) of accepted competitive bids. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank in cash or other immediately available funds on August 15, 1973| Any qualified depositary will be permitted to make settlement by credit in its Treasury tax and loan account for not more than 50 percent of the amount of Treasury bills allotted to it for itself and its customers. 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 I 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 Wo. 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. O W N E R S H I P O F T HE A U G U S T 15, 1973 M A T U R I T I E S (In m i l l i o n s of dollars) 8-1/8% Note ; [ 4% Bond TOTAL Commercial b a n k s ................. 939 1,222 2,161 Mutual savings b a n k s ............ 33 32 65 Insurance c o m p a n i e s : L i f e .............. .............. Fire, c a s u a l t y a n d m a r i n e . . . . 1 24 18 117 19 141 companies. 25 135 160 Savings and loan a s s o c i a t i o n s . . 24 124 148 Corporations...................... 49 659 708 State and local g o v e r n m e n t s .... 33 386 419 409 608 1,017 1,512 3,166 4,678 Federal R e s e r v e B a n k s and Government A c c o u n t s ........... 327 728 1,055 Total o u t s t a n d i n g ................ 1,839 3,894 5,733 Total, insurance All other p r i v a t e i n v e s t o r s .... Total, p r i v a t e l y h e l d ........ Office of the S e c r e t a r y of the T r e a s u r y O f f i c e of D e b t A n a l y s i s July 25, 1973 Department ofthe TREASURY kSHINGTON. O.C 20220 T E L E P H O N E W 04-2041 FOR RELEASE ON DELIVERY STATEMENT OF MARTIN J. BAILEY, DEPUTY ASSISTANT SECRETARY OF THE TREASURY FOR TAX POLICY, ON S. 1122, S. 1593, and S. 1879 BEFORE THE SUBCOMMITTEE ON ENVIRONMENT, SENATE COMMITTEE ON COMMERCE, July 26, 1973 at 9:30 a*m# Mr. Chairman and members of the Subcommittee, I appreciate the opportunity of presenting the Treasury Department's comments on S. 1122, S. 1593, and S. 1879. Not all of the provisions of the bills are of direct concern to this Department, and as to those that are, after One initial exception I will devote all my comments to those dealing with taxation. S. 1593 would authorize the Administrator of the Environmental Protection Agency to make low interest rate loans to States and localities for up to 100 percent of the purchase price of solid waste collection and separation systems that encourage the flow of recycled and recyclable materials in interstate commerce. If certain ob jectives are met, the Administrator may reduce the payment of principal and interest by up to one-half in any given year. The loan provisions do not meet the criteria the Administration believes should be met by Federal credit programs. There is no requirement that the borrower first make a reasonable effort to borrow from other sources. The borrower's credit worthiness is not a criterion. Without reasonable credit requirements, a loan program tends to become a dis guised grant program. Fixed interest ceilings on Federal loans, such as the 3 percent maximum contained in the bill, have had perverse and unintended results as market rates of interest move up and down. For one thing, they >256 lead to extraordinary demands for Federal loan funds when inflationary - 2 - pressures and interest rates are high. There would inevitably be inequities among borrowers using the program at different times. Our reservations as to the proposed loan program are so great that we must strongly oppose it. The tax program incorporated in S. 1593 and S. 1879 are designed to encourage recycling of used products, reduce the use of energy and virgin raw materials, and internalize disposal costs of products, except consumables. S. 1593 contains three basic tax provisions designed to encourage recycling of used materials and reduction of the use of virgin materials. The first would grant the purchaser an additional deduction from gross income e to a specified percentage of the amounts paid to purchase recyclable or recycled solid waste materials for manufacture into useful raw materials or salable products. The percentage would vary with the particular type of solid waste material. Since the objective is to expand recycling, the deduction would be limited to purchase costs that exceed five-year average yearly costs. Associated with the deduction just mentioned is a further deduction of one-half of the specified percentage of the amount of purchase costs not in excess of the five-year average. The latter deduction w o u ld be conditioned on any tax savings resulting therefrom being, used for the expansion of recycling facilities, expanded use of recyclable or recycled materials, or pollution control devices. The second tax feature of the bill is the granting of five-year amortization to solid waste recycling facilities, a privilege now available - 3 - for new investment in pollution control facilities used in connection with a property in operation before January 1, 1969. Finally, the bill would provide that to the extent that energy costs involved in producing products from virgin resources exceed the costs for producing comparable materials from recycled materials, that excess would be subtracted from the deduction allowed for the purchase of such non-recycled material. If the energy costs for recycled materials purchased were greater, the excess would be subtracted from the deductible cost of the recycled material. The disallowed expense could not exceed one-half of the cost of the material purchased. The tax provisions of S. 1879 are related initially to the disposal cost of products, except consumables, with the objective of "internalizing" such costs. Recycling of used materials is to be fostered by payments for such use from the funds collected from the disposal charge. The Administrator of the Environmental Protection Agency would be required to establish a schedule of national disposal cost charges. Although not so called in the bill, the charges would be excise taxes on the sale of manufactured products. These charges would apply to all products in their final configuration, except consumables, which have a service life of less than thirty years. The basic charge would be at the rate of one cent per pound or, at the Administrator’s discretion, at a rate equal to the average per pound disposal cost of mixed municipal, household, institutional and commercial waste. An additional charge equal to all disposal costs in excess of the basic charge would be imposed whenever the Administrator finds such additional costs can be reasonably -4attributed to specific products. Receipts from the charges would be deposited in an Environmental Trust Fund. The Fund, in turn, would be used for two purposes, after payment of moderate administrative costs. When a manufacturer acquired any recovered material for use in the manu facture of a product, following disposal by the consumer, and upon which a disposal charge is imposed, a payment would be made to him from the Fund equal to the disposal cost of such material. Any amount then remaining in the Fund would be distributed to the States and political subdivisions using the formula for payments under the general revenue sharing program pursuant to the State and Local Fiscal Assistance Act of 1972. S. 1122 has no tax previsions, so I have nothing to add to the written comment you received from the Department earlier this week. I turn now to our reactions to the tax provisions of S. 1593 and S. 1879. For nearly a decade, the Treasury Department has been involved in the evaluation of plans to advance the control of pollution and recycling of used materials which, in turn involved some tax feature. Originally, there were many proposals to give credits or fast depreciation for capital ex penditures for air or water pollution control equipment. In the last several years, the emphasis has been on tax provisions related to the amount of pollution sent into the environment or incentives to recycle used materials. In the main, we have opposed such proposals. Some proposals were just too complicated to be workable, some would not have been effective, or would have had the wrong effect, and some we thought would constitute poor tax policy. Many were deficient in two or three respects. The tax provisions of S. 1593 and S. 1879 also cause considerable concern as to their complexity, effectiveness, and tax policy implications. - 5 - There are a number of aspects of the tax provisions that seem to us to be so complex or indefinite as to pose extensive problems for both the Government and business firms. For example, the disposal cost charges under S. 1879 begin with a stated definite amount, one cent a pound, but there are three possible adjustments to the one cent rate by the Administrator of the Environmental Protection Agency. These discretionary provisions, in part, are inserted to permit the charges to be tailored to differing conditions for individual products. But, if the Administrator were to decide to exercise his authority, he would be faced with a formi dable task of drawing definitions for "products" and justifying differences in treatment as between products to the producers or manufacturers who have a vital interest in the competitive effects of the charges. While it is true that the work of deciding any variation from the basic one cent per pound charge would not fall on the Treasury Department, we have a prime interest in trying to keep our tax system as reasonable and effective as possible. Taxes which are complex or which have unreason able effects do not aid in achieving voluntary compliance which is so vital to the method under which our tax system As it affects operates. the businessman taxpayer who would operate under the tax provisions of these bills, there also are potential complexities. Again, let us consider the disposal charge proposal of S. 1879. From our experience with excise taxes, we are quite certain that if differing disposal charges were set forth for specified products, there would be great difficulty on the part of the taxpayers in identifying some of their specific products as being in one category or another. This would be more than a "nuisance" problem to the businessmen concerned. The charges would be levied on an array of products used by business and -6 - consumers that would take many pages to list in detail. An error of classification on the part of a producer could lead to the build-up of a large unpaid liability as products were shipped out day by day. "Making good" on such an error could be much more burdensome than any income tax adjustment. Consider also the energy consumption provision of S. 1593. be applicable for "each major material" used by a manufacturer. This would Assuming that regulations have been issued to clarify what constitutes a "major material", the producer still has to classify his records of purchases according to the energy cost schedule published by the Administrator of the Environmental Protection Agency. In addition, purchases would have to be checked to see if changes in relative prices or technology resulted in movement in or out of the "major category". A detailed evaluation of the possible effectiveness of the tax pro posals in achieving their desired ends of stimulating recycling, reducing the use of virgin materials, and internalizing disposal costs is not possible without an extensive series of studies. to give some evaluation of the proposals. But it still is possible It is obvious, of course, that the tax proposals would have some effect in changing the relative of recycling used materials. attra ctiv e n ess The real question is, how much effect and would the result be a desirable one. In this connection, a most important factor would be the percentages of the cost of purchases of recyclable materials to be allowed as an income tax deduction as set forth in S. 1593. The three percentage rates 0- 3? -7- specified are 15, 18, and 22. This provision presumes that there are measurable, precisely known differences in the three categories of products listed aptd that slight differences are needed to achieve the level of recycling desired. We have doubts that such precise knowledge exists. For one thing, supply and demand conditions for recyclable materials vary from one geographic district to another. In one the percentages might stimulate recycling, in another, have no result. everywhere might be slight. Or the effect Then, too, recycling of some materials is so small as to make difficult determination of what a change in cost factors might do. Here again, I would like to repeat my previous remark about our concern in keeping the tax system reasonable and effective. A tax pro vision designed to spur recycling which was ineffective, or aided pro ducers in some areas but not in others, would not be an improvement to the tax system. I realize that, while I am being critical of the tax provisions of these two bills, some of you may remember that the Administration has made two tax proposals with a related objective. In 1970, we proposed a tax on the lead in additives for gasoline as a means of facilitating the program to reduce automotive air pollution. In 1972, we proposed a tax on sulphur emitted into the atmosphere to strengthen the incentive to fuel users to reduce air pollution from stationary sources. It is our experience with these recommendations that serve as a background for many of my comments here today. Incidentally, neither recommendation was voted on by the Congress, and only the lead tax proposal received any committee consideration. Our two recommendations differed from the tax proposals in these bills - 8- in that they were very, very limited in scope. As a result, we were able to study the situation in depth before making any recommendations and tried to tailor the recommendation strictly to the two specific situations involved. Even so, we were criticized severely in the lead tax case for neglecting the needs of persons owning old cars requiring premium gasoline. Whether a recycling or other tax proposal falls within the ambit of reasonable tax policy depends on two or three main considerations. First, does it deal directly and effectively with a specific problem, without creating serious new problems of its own? Third, can it be administered? Second, is it equitable? Thus, in proposals to encourage recycling, one first has to ask, what specific problem or problems are these proposals going to solve? Then, one has to consider the probable effect on producers of virgin materials versus users of recycled materials, the effect on consumers of the taxed products as consumers, and the effect on consumers as the payers of the aggregate of our taxes. To evaluate the reasonableness of the proposed deduction in S. 1593 for producers' costs of purchased recyclable materials, plus the special treatment for recycling facilities, we should really know what effect these provisions would have on the use of virgin materials. Then we must decide whether the shift toward recycling would solve any real problems or would contribute to economic growth and well-being. I don't know the answers for the numerous products covered by the bill, but it certainly seems to me that present elevated prices for many minerals, such as for example gold and silver, should stimulate recycling without further need for a subsidy as proposed by S. 1593. In this case, the subsidy might well be considered a windfall. Then, too, why should we subsidize recycling of textiles made from natural fibers? Cotton, flax, silk, and wool are not depletable resources, and disposal of their waste products presents no national problem. One may question the need or desirability of reducing the receipts of those producing these fibers. The notion of "internalization" of the costs of disposal of items, other than consumables, in the manner proposed by S. 1879, gives us difficulty, as does the failure to S. 1593 to apply this notion at all. Internalization of the full costs of production and use of a product making polluters pay the costs of their pollution or its control--is a desirable objective to which this Administration subscribes. One of the criticisms that may be made of S. 1593 is that the deduction for recycling would shift the costs of removing used materials from the environment from the "polluter" to the taxpayers in general. Much already is being done in the right direction in this respect. Water and air pollution controls being required of manufacturing plants have the effect of placing the costs of pollution previously falling on the public in general on the purchasers of the output of the plants. Automobile operators are paying for reduction of air pollution in the form of higher new car prices to reflect emission control devises. However, S. 1879 goes beyond that and would doubly "internalize" many disposal costs that are already borne by the producer of wastes. Most disposal costs are paid for by those discarding their used paper glass, etc. Sometimes they pay directly for removal. In other cases, they pay an average per household cost in their property taxes. As a consequence, the initial effect of the proposed disposal charge system would be to double the disposal cost to the consumer and businesses for most of his purchases affected by the charge. In the subsequent stage, some of this double charge would be removed. Part of the disposal cost credit given to producers might be reflected in the prices paid for the recovered products or partly in the prices of the newly made products. Disposal charge collections not paid to producers using recovered materials would be returned to States and localities. However, the revenue sharing allocation formula for any governmental unit is likely to be foughly related, at the best, to what individuals and business pay for disposal costs in private charges and taxes. Even if the procedure set forth in S. 1879 could be considered to result in removal of the initial effect of double disposal costs, the removal would always be one step behind collection of the tax so that there would be permanent one time additional disposal charge. To sum up,our general position as to the use of the tax system to encourage recycling and related environmental objectives is one of extreme caution and scepticism. Last year, for instance, we did considerable work on a recycling proposal similar to the cost deduction feature of S. 1593. After much consideration, we decided that the economic uncertainties associated with the approach suggested, plus the administrative and compliance problems, were such that it would be better not to go ahead with such a program. Indeed, we concluded that such a law could not be effectively administered. In those cases where wastes present real unsolved problems, we prefer to deal with these problems directly, as is done for example in the provisions of the Hazardous Waste Management Act of 1973,proposed by the President and introduced into the Senate as S. 1086. - 11- The risk that environmentally related tax proposals will fail to attain good objectives and will burden activities not meant to be affected are so great that broad programs are almost certain to be unacceptable. And, as our experience has shown, even programs with very narrow coverage and objectives are difficult to formulate to achieve the desired objective An acceptable environmental tax also must be quite clear as to its appli cability to all situations affected, and place burden on business and the public in general. a reasonable economic These criteria also are not easy to satisfy in environmental tax plans. Another general comment that might be made about the use of taxes for environmental objectives involves our concern over the proliferation of tax proposals to achieve all kinds of objectives. It seems so often that when someone wishes to attain an improvement in an economic situation, their first impulse is to try to use the tax system to do it. that this impulse should be generally held back. We believe The main objective of the tax system is to raise revenue for general Governmental expenditures. Any additional uses should be few in number and should be selected only after the most stringent evaluation. Otherwise, the tax system could become so extensive and so complex that taxpayers would be unduly burdened with complex rules and the administrative machinery would be extended to many times that at present. If we use tax credits too lavishly, we could be building a bigger and bigger tax administration to collect less and less revenue. One final thought. As virgin materials and energy become scarcer and more expensive, an incentive is created to dispose of more used materials through the recycling process, to use fewer virgin materials, and to - conserve on the use of energy. 12 - Our long continued profligate use of materials and energy has been a reflection of their low cost in the past. But if there is to be a change in the adequacy of supplies, price increases will help change our habits. Where market prices fail to correct specific problems, it is best to tailor our responses carefully to those problems. For example, national energy policy is being formulated on a comprehensive basis to deal with energy problems. Furthermore, the tightening of direct controls over pollution will help internalize costs not now reflected in market prices. The Environmental Protection Agency has been making a number of studies and analyses of waste disposal and recycling under the authority of the Solid Waste Disposal Act. These studies were discussed before your Subcommittee on the Environment on June 22 by Mr. Samuel Hale, Jr., Deputy Assistant Administrator for Solid Waste Management Programs of the Environmental Protection Agency. At the end of his remarks he stated, MIn summary, we find that the problems of resource recovery are both technical and economic, and vary from waste material to waste material. Any single measure such as a subsidy, tax credit or construction grant would not be effective for all wastes, and in some cases would involve large "windfalls" and not result in significant new recycling." We believe that Mr. Hale's summation succinctly states the uncertainty as to the effect of the proposed credit or subsidy in encouraging recycling. We will, of course, be ready to review recommendations for waste recovery programs that Mr. Hale indicated in his testimony will be forthcoming, if such recommendation involve tax provisions. HP» Department o f th e fR EA S U R Y ASHIMSTOM, DC. 20220 TELEPHÔHI W 0 4 -2 0 4 K 1 v FOR IMMEDIATE RELEASE JULY 26,1973 JOINT STATEMENT OF GEORGE P. SHULTZ, SECRETARY OF THE TREASURY AND ROY L. ASH, DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET ON BUDGET RESULTS FOR FISCAL YEAR 1973 SUMMARY The June Monthly Statement of Receipts and Outlays of the United States Government is being released today. It shows the following preliminary budget totals for fiscal year 1973, which ended on June 30: Receipts of $232,2. Receipts were $0.2 billion above the June 1 Mid-Session Review, and $7.2 billion above the January budget estimate. Outlays of $246.6. Outlays were $3.2 billion below the MidSession and January estimates. A budget deficit of $14.4 billion. This is $3.4 billion below the Mid-Session Review estimate and $10.4 billion below the January budget estimate. On a full-employment basis, the 1973 budget showed a surplus of $1 billion. The decline in 1973 outlays is largely responsible for the shift to a full-employment surplus. On a full-employment basis, receipts and outlays are now estimated to be $246 billion and $245 billion, respectively. S-258 BUDGET TOTALS, FISCAL YEARS 1972 AND 1973 (In billions of dollars) Fiscal Year 1972 Actual 208.6 Actual 225.0 232.0 232.2 BUDGET OUTLAYS..... 1... .. 231.9 249.8 249.8 246.6 DEFICIT (-)........ ..... -23.2 -24.8 1 'vj 00 BUDGET RECEIPTS.... ....... Fiscal. Year 1973 MidJanuary Session Budget Review -14.4 FULL-EMPLOYMENT RECEIPTS.... 225.0 245.0 246.0 246.0 FULL-EMPLOYMENT OUTLAYS..... 228.9 247.3 247.8 245.0 -3.9 -2.3 -1.8 1.0 FULL-EMPLOYMENT SURPLUS OR DEFICIT (-).., 3 RECEIPTS Budget receipts in fiscal year 1973 increased $23.5 billion from 1972 and were $7.2 billion above the January estimate. Income tax receipts accounted for most of the increase over the January estimate, with individual income taxes $3.9 billion higher and corporate in come taxes up $2.6 billion. These increases result in part from the large increases in personal income and corporate profits that accompanied the rapid economic expansion and the high rates of inflation experienced in the last half of the fiscal year. In addition, tax collection experience suggests that receipts at a given level of Gross National Product are higher than estimated in January. Receipts from sources other than income taxes were about $0.8 billion above the budget estimate. Unemployment insurance taxes, excise taxes, estate and gift taxes, and customs duties were all higher while employment taxes and contributions were lower than estimated in January. OUTLAYS Total outlays in fiscal year 1973 were $14.7 billion over the prior year, but $3.2 billion short of the January budget estimates. The change in the total was the net result of a few large decreases, which were partially offset by various relatively small increases. principal decreases below the January estimates were: The Outlays by the Department of Health, Education, and Welfare were $1,571 million less than the estimate in the January budget. Most of this shortfall occurred in two programs. Public assistance grants to match State expenditures for social and individual services were $831 million less than the January estimate because the previously anticipated level of State activity did not materialize. Special benefits for disabled coal miners were $540 million less than the budget estimate because fewer claims were filed and processing took longer than expected. Payments from the Social Security trust funds were slightly lower than estimated. Department of Defense Military Functions and Military Assistance outlays were $944 million below the budget estimate. This largely reflects reductions in personnel and operations, which were partially offset by increases for research, development, test and evaluation. Outlays by the Department of Labor were $926 million below the budget estimate. Outlays for the unemployment trust fund were $747 million lower than estimated in January because the insured unemployment rate has been lower than expected. Preliminary net outlays of the United States Postal Service were $281 million below the January estimate. This decrease is mainly due to a lower capital expenditure program which was partially offset by higher costs of operations. The major increases above the January estimates were: 0 Outlays by the General Services Administration were $409 million above the budget estimate. Proprietary receipts, which are offset against outlays, were lower than estimated, largely because the Congress did not enact legislation authorizing sales of excess stockpile materials. ° NASA outlays were $255 million above the budget estimate, largely as a result of a reduction in accounts payable and a schedule of payments consistent with completion and contract phaseout of Apollo and other programs. ° HUD outlays were $235 million above the budget as a result of an increase in defaults under the Federal Housing Administration mortgage insurance programs, and a shortfall in sales under the Government National Mortgage Association tandem plan. The Veterans Administration exceeded the budget estimate by $210 million in large part because of increased utilization of education benefits under the G.I. Bill. Outlays by the Atomic Energy Commission exceeded the budget estimates by $199 million, primarily as a result of lower revenues than had been projected in January and higher than estimated expenditures for plant and capital equipment. 6 Within the Department of Agriculture, outlays for the Commodity Credit Corporation and the Farmers Home Administration were higher than estimated in January; these increases were partly offset by legislation removing the loan activities of the Rural Electrification Administration from the budget and shortfalls in other programs. BUDGET RECEIPTS AND OUTLAYS (Fiscal Years. $ in millions) 1973 Description 1972 Actual Budget Estimate Actual Change from Budget Estimate Receipts by source Individual income taxes..... Corporation income taxes.... Social insurance taxes and contributions: Employment taxes and contributions........... Unemployment insurance.... Contributions for other insurance and retirement.. Excise taxes........ |..... Estate and gift taxes....... Customs.......... «... «.... Miscellaneous.....,.,...... Total receipts...,........ 94,737 32,166 99,400 33,500 103,261 36,096 +3,861 +2,596 46,120 4,357 55,610 5,262 54,870 6,063 -740 +801 3,437 15,477 5,436 3,287 3,633 3,667 15,970 4,600 3,000 3,975 3,612 16,272 4,898 3,175 3,944 -55 +302 +298 +175 -31 208,649 224,984 232,192 +7,207 660 719 724 +5 54 96 60 -35 241 268 264 -4 806 600 529 -71 717 472 848 563 567 663 642 510 515 +79 -58 -147 1,052 140 754 457 800 464 +46 +7 5,066 5,869 4,315 5,809 4,517 5,671 +202 -139 Outlays by major agency Legislative Branch and the Judiciary................. Executive Office of the President......... Funds Appropriated to the President: Appalachian regional development programs,..... International security assistance: Military assistance programs............. . Economic supporting assistance programs..... Multilateral assistance-«•• Bilateral assistance...... Office of Economic Opportunity.............. Other.................... Agriculture : Commodity Credit Corpora tion, foreign assistance and special export programs................ Other.......... ...... . 8 1973 Description 1972 Actual Budget Estimate Actual Change from Budget Estimate Outlays by major agency— Continued: Commerce................... Defense : Military................. Civil.................... Health, Education, and Welfare................... Housing and Urban Develop ment.......... ........... Interior................... Justice.................... Labor...................... State...................... Transportation............. Treasury: Interest on the public debt.... ......... General revenue sharing.... Other.................... Atomic Energy Commission.... Environmental Protection Agency.................... General Services Admin istration................. National Aeronautics and Space Administration....... Veterans Administration..... Civil Service Commission.... United States Postal Service. Railroad Retirement Board.... Small Business Administra tion...................... U.S. Information Agency..... Other Independent Agencies... Allowances for: Pay increases (excluding Department of Defense).... Contingencies............ Undistributed intrabudgetary transactions : Federal employer contri butions to retirement funds................... 1,250 1,318 1,363 +44 75,151 1,53d 74,200 1,753 73,327 1,704 -873 -49 71,780 83,580 82,009 -1,571 3,642 1,256 1,180 10,033 536 7,531 3,364 -2,247 1,496 9,563 621 8,042 3,600 -2,219 1,531 8,637 592 8,184 +235 +28 +35 -926 -29 +142 21,849 — 275 2,392 24,200 6,786 264 2,194 24,167 6,636 178 2,393 -33 -149 -87 +199 763 1,148 1,113 -35 589 40 448 +409 3,422 10,710 3,773 1,772 2,123 3,061 11,758 4,420 1,710 2,445 3,316 11,968 4,601 1,429 2,437 +255 +210 +181 -281 -8 452 198 1,600 1,313 207 1,631 1,346 206 1,316 +33 -1 -315 — -2,768 25 475 -2,980 — -2,926 -25 -475 +53 1973 Description________________ 1972 Actual Budget Estimate Actual Change from Budget Estimate Outlays by major agency— Continued: Undistributed intrabudgetary transactions— Continued : Interest credited to certain Government accounts.................. -5,089 -5,401 -5,446 -45 Total o u t l a y s ........... 231,876 249,796 246,603 -3,193 Budget surplus (+) or deficit (-)............ -23,227 -24,812 -14,412 +10,400 NOTE: Detail will not necessarily add to totals because of rounding. FOR IMMEDIATE RELEASE: July 26,1973 JOINT STATEMENT OF GEORGE P. SHULTZ, SECRETARY OF THE TREASURY AND ROY L. ASH, DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET ON THE BUDGET RESULTS FOR FISCAL YEAR 1973 The budget results for fiscal year 1973 are as follows: — Outlays; $246.6 billion — Receipts: $232.2 billion — Deficit: $14.4 billion A As shown by the attached table, total outlays were $3.2 billion below the level estimated in the January budget and the June 1 Mid-SeSsion Review, and the deficit was cut from an estimated $17.8 billion to $14.4 billion. Defense spending was almost $1 billion less than estimated. Outlays for a number of civilian agencies also fell below pre vious estimates. Last October, the President committed his Administration to hold Federal expenditures in 1973 under $250 billion. That commitment has been met. As a result, the budget is beginning to provide needed fiscal restraint. Receipts slightly exceeded the estimate in the June Review. As noted at that time, vigorous economic expansion and higher than anticipated inflation were the primary factors responsible for the substantial increase above the January estimate of receipts. On a full**'employment basis, the budget showed a surplus of $1 billion in 1973. The improvement in the full-employment balance is further welcome evidence that we are achieving the increased fiscal restraint called for by current economic con ditions. With continued cooperation of the Congress, we can look forward to an actual balance in the budget in 1974. Details of the 1973 results will appear in the Treasury's Monthly Statement of Receipts and Outlays, scheduled for release on July 25. BUDGET TOTALS, FISCAL YEARS 1972 AND 1973 (In billions < of dollars) Fiscal Year 1972 Actual Fiscal Year 1973 -’ -! ----HidJanuary Session Review Budget Actual BUDGET RECEIPTS* «,.......... 208.6 225.0 232.0 232.2 BUDGET OUTLAYS..,.......... 231.9 249.8 249.8 246.6 DEFICIT (-)..... l.......... -23.2 -24.8 -17.8 -14.4 FULL-EMPLOYMENT RECEIPTS.... 225.0 245.0 246.0 246.0 FULL-EMPLOYMENT OUTLAYS.... 228.9 247.3 247.8 245.0 -3.9 -2.3 -1.8 1.0 FULL-EMPLOYMENT SURPLUS OR DEFICIT July 1973 P re lim in a ry 1 S tatem ent o f 'J t/iy' R e ce ip ts a n d O u tla y s o f th e U n ite d S tates G o v e rn m e n t for period from July 1, 1972, through June 30,1973 (In th o u sa n d s, hu ndreds o f d ollars n o t p rinted, th e re fo re d e ta ils m ay not add to to ta ls ) T A B L E 1 -S U M M A R Y (IN MILLIONS) Means of Financing Budget Receipts and Outlays Fiscal Year Estimated 19742......... . Estimated 19732.................... ................ Actual 1973.............................................. (twelve months) Actual 1972 ............................................. Receipts Outlays Budget Surplus (+) or Deficit (-) By Borrowing from the Public By Reduction of Cash and Monetary Assets Increase (-) $6,517 17,988 $3,000 -$3,817 -3,188 $2,700 17,800 19,275 -1,172 -3,691 14,412 19,442 -2,470 6,255 23,227 $266,000 232,000 232,192 *268,700 -$2,700 249,800 246,603 -17,800 -14,412 208,649 231,876 -23,227 By Other Means Total Budget Financing 10 T A B L E III— B U D G E T R E C E IP T S AND O U T L A Y S (In thousands) Classification of RECEIPTS Individual income taxes: Withheld........................ , ....................................................... Other......................... .......... ......................... ........................ Gross Receipts Current Fiscal Year to Date This Month Refunds (Deduct) Net Receipts Gross Receipts Refunds (Deduct) Net Receipts Gross Receipts Refunds (Deduct) Net Receipts 183,200,366 25,678,820 198,096,576 27,031,095 4$9,171,397 43,747,049 Comparable Period Prior Fiscal Year 12,918,446 $597,323 2,321,123 125,127,670 1,867,143 $103,260,527 108,879,186 $14,142,570 $94,736,616 Corporation income taxes.................................................... . 8,926,977 187,536 2,739,442 38,988,895 2,892,751 36,096,144 34,925,546 2,759,629 32,165,916 Social insurance taxes and contributions: Employment taxes and contributions: Federal old-age and survivors ins. trust fund: Federal Insurance Contributions Act taxes.. . . Self-Employment Contributions Act taxes . . . . Deposits by States..................................... ................ Total—FOASI trust fund ..................................... 43,245,264 4110,887 5-407,023 3,245,264 110,887 -407,023 35,039,643 1,905,829 4,140,259 373,186 34,666,457 1,905,829 4,140,259 30,240,268 1,643,656 3,596,457 348,656 29,891,612 1,643,656 3,596,457 2,949,128 2,949,128 41,085,731 373,186 40,712,545 35,480,381 348,656 35,131,725 Federal disability insurance trust fund: Federal Insurance Contributions Act taxes.. . . , Self-Employment Contributions Act taxes......... Deposits by States..................................... ............... 1415,810 410,774 153,306 415,810 10,774 153,306 4,628,666 252,481 547,121 50,626 4,578,040 252,481 547,121 4,106,992 225,787 489,577 47,361 4,059,631 225,787 489,577 Total—FDI trust fund................................. 579,890 579,890 5,428,269 50,626 5,377,643 4,822,357 47,361 4,774,996 Federal hospital insurance trust fund: Federal Insurance Contributions Act taxes.. . . . Self-Employment Contributions Act taxes......... . Receipts from railroad retirement account . . . , Deposits by States............................................ 4739,155 423,298 739,155 23,298 55,044 ’ *278^738 1,041,191 278,738 1,041,191 55,044 6,604,841 212,347 61,222 718,883 7,597,294 4,495,731 162,722 63,782 533,753 5,255,988 51,315 Total—FHI trust fund........................................... 6,659,885 212,347 61,222 718,883 7,652,338 4,444,416 162,722 63,782 533,753 5,204,673 Railroad retirement accounts: Railroad Retirement Tax Act taxes.................... . 116,537 116,512 1,183,234 655 1,182,579 1,008,994 611 1,008,383 Total—Individual income taxes.................... .. 25 51,315 Total—Employment taxes and contributions., 4,686,746 25 4,686,721 55,349,572 479,511 54,870,061 46,567,719 447,943 46,119,776 Unemployment insurance: Unemployment trust fund: State taxes depositèd in Treasury...................... . Federal Unemployment Tax Act taxes................. Railroad Unemployment Ins. Act contributions. 80,358 7,839 20,863 2,545 80,358 5,294 20,863 4,627,851 1,334,296 120,065 18,772 4,627,851 1,315,525 120,065 3,226,286 1,024,069 119,516 13,200 3,226,286 1,010,869 119,516 Total—Unemployment trust fund....................... 109,060 2,545 106,515 6,082,213 18,772 6,063,441 4,369,871 13,200 4,356,671 Contributions for other insurance and retirement: Federal supplementary medical ins. trust fund: Premiums deducted from benefit payments . . . , Premiums collected by Social Security Admin., Premiums deposited by States................................ 99,589 1,985 9,634 99,589 1,985 9,634 1,192,958 84,168 149,350 1,192,958 84,168 149,350 1,114,521 87,588 137,943 1,114,521 87,588 137,943 Total—FSMI trust fund....................................... . 111,208 111,208 1,426,476 1,426,476 1,340,052 1,340,052 176,115 764 176,115 764 2,134,871 9,008 873 2,134,871 9,008 873 2,046,962 8,372 3,103 2,046,962 8,372 3,103 176,944 176,944 2,144,752 2,144,752 2,058,437 2,058,437 Federal employees retirement contributions: Civil service retirement and disability fund . . Foreign service retirement and disability fund Other.............................................................. .......... .. Total—Federal employees retirement contributions......................................... See iootnotes on page 3. 66 66 See footnotes on pa.ge 3. ^^g^^ÍÍ^^UDG^^RECETP^^ANDOUTCAY^^0ñtlñüeT(TnTTl0üsáñ3sT Classification of RE CEIP TS—Continued Gross Receipts Social insurance taxes and contributions--Continued Contributions for other insurance and retirement-Continued Other retirement contributions: Civil service retirement and disability fund.. . ......... Total--Contributions for other insurance and retirement.... ........................................................... ... Total--Social insurance taxes and contributions.. 5,087,233 Excise taxes: Miscellaneous excise taxes .......................... ........................... Airport and airway trust fund................................................. Highway trust fund...................... ................................................. Refunds (Deduct) Comparable Period P rior F isca l Year Current F iscal Year to Date This Month Net Receipts Gross Receipts Refunds (Deduct) Net Receipts Gross Receipts Refunds (Deduct) Net Receipts $3,275 $3,275 $41,033 $41,033 $38,833 $38,833 291,428 291,428 3,612,261 3,612,261 3,437,322 3,437,322 $2,570 5,084,663 65,044,045 $498,283 64,545,762 54,374,912 $461,143 53,913,769 870,434 66,040 487,300 11,356 75 15,000 859,078 65,965 472,300 10,006,173 759,790 5,817,956 158,249 1,632 152,502 9,847,924 758,159 5,665,454 10,561,752 650,151 5,635,133 1,055,925 1,499 312,710 9,505,827 648,652 5,322,423 Total-^Excise taxes............................................................... 1,423,774 1,397,343 16,583,919 312,383 16,271,536 15,476,901 321,783 274,241 316,532 4,957,282 58,793 4,898,489 16,847,036 5,489,969 1,370,134 Estate and gift taxes....................................... .......... ..................... 26,431 5,251 54,107 5,435,862 13,482 260,759 3,294,992 119,724 3,175,268 3,394,299 107,393 3,286,906 361,452 22,196 361,452 22,192 3,495,069 449,551 505 3,495,069 449,046 3,252,197 380,538 147 3,252,197 380,391 383,648 29,336,102 383,644 28,503,506 3,944,620 257,941,424 505 25,749,582 3,944,115 232,191,842 3,632,735 227,543,683 147 18,895,124 3,632,589 208,648,559 Customs duties.............................................................................. Miscellaneous receipts: Deposits of earnings by Federal Reserve Banks........... All other......................................................................................... Total—Miscellaneous receipts........................................... Total--Budget receipts........... .......... .................................... 832,596 FO O TN O TES 1 T h is s ta te m e n t is p r e lim in a r y and is b a s e d on r e p o r ts fr o m d is b u r s in g , c o lle c t in g and a d m in is t r a t iv e a g e n c ie s o f th e G o v e r n m e n t. F in a l r e p o r ts of G o v e r n m e n t d is b u r s in g , c o lle c t in g and a d m in is tr a tiv e a g e n c ie s , in c lu d in g c e r t a in o v e r s e a s t r a n s a c t io n s , w ill be in c o r p o r a te d in th e fin a l s ta te m e n t fo r f i s c a l y e a r 1973 to b e p u b lis h e d at a la t e r d a te . It w as not p o s s ib le to in c lu d e t h e s e tr a n s a c t io n s in th e p r e lim in a r y s ta te m e n t b e c a u s e o f t im in g . 2 B a s e d on r e v is e d e s t im a t e s o f th e 1974 B u d g e t, r e le a s e d Ju n e 1, 1973, in th e M id - S e s s io n R e v ie w and th e s ta te m e n t o f S e c r e t a r y S h u ltz r e le a s e d J u n e 4 , 1973. T h e fig u r e s a r e ro u n d e d in ten th s o f b illio n s o f d o lla r s and w ill n o t n e c e s s a r ily add to th e t o t a ls . 3 E ffe c t iv e w ith th e J u ly 1972 is s u e , th e lo a n a c c o u n t/ e x p e n d itu re a c co u n t d is t in c t io n is e lim in a te d and th e tr a n s a c t io n s f o r m e r ly p r e s e n te d in s e p a r a te S e c t io n s A an d B o f T a b le III h a v e b e e n c o n s o lid a te d . L o a n t r a n s a c tio n s p r e v io u s ly d is c lo s e d s e p a r a t e ly in th is s ta te m e n t w ill b e p u b lis h e d in th e T r e a s u r y B u lle t in . T h is c h a n g e is in a c c o r d w ith th e an n ou n cem en t b y th e O f f ic e o f M a n a g e m e n t and B u d g et o f th e e lim in a tio n o f th e lo a n a c co u n t/ e x p e n d itu re a c co u n t d is t in c t io n in th e an n u a l b u d ge t p r e s e n ta tio n . ^ In a c c o r d a n c e w ith th e p r o v is io n s o f th e S o c ia l S e c u r ity A c t , as am en d e d , " In d iv id u a l in c o m e t a x e s w it h h e ld " h a v e b e e n in c r e a s e d a n d " F e d e r a l In s u r a n c e C o n tr ib u tio n s A c t t a x e s " h a v e b e e n d e c r e a s e d in th e am ou n t o f $ 396,771,705 to c o r r e c t e s t im a t e s fo r q u a r te r en ded S e p te m b e r 30, 1972 and p r io r . "In d iv d u a l in c o m e t a x e s o t h e r " h a v e b e e n in c r e a s e d and " S e lf-E m p lo y m e n t C o n tr ib u tio n s A c t T a x e s " h av e b e e n d e c r e a s e d in th e am oun t of $42 ,0 4 0 ,5 6 7 to c o r r e c t e s tim a te s fo r th e c a le n d a r y e a r 1971 and p r io r . 5 In c lu d e s $43 2 ,6 1 8 ,0 5 5 d is tr ib u tio n to F .e d e r a l D is a b ilit y and H o s p ita l In s u r a n c e T r u s t F u n d s . 6 P u r s u a n t to P u b lic L a w 9 3 -32 d a ted M a y 11, 1973, m o s t o u tla y s o f th e R u r a l E le c t r ific a t io n A d m in is tr a tio n in c lu d in g th e R u r a l T e le p h o n e B a n k w e re c l a s s i f i e d o u ts id e th e u n ifie d b u d get t o t a l s . T r a n s a c tio n s a r e in c lu d e d in b u d g e t o u tla y s th ro u g h th e c lo s e o f b u s in e s s M a y 11, 1973. F o r tr a n s a c tio n s a f t e r M a y 11, 1973, c l a s s if ie d o u ts id e th e u n ifie d bu dget t o t a ls , s e e T a b le IV , S c h e d u le A . A d m in is tr a tiv e e x p e n se s fin a n c e d b y g e n e r a l fu n d a p p r o p r ia tio n s w ill co n tin u e to b e r e fle c t e d in bu d get t o t a ls . 7 P u r s u a n t to P u b lic L a w 9 2 -1 2 6 d a ted A u g u s t 17, 1971, r e c e ip ts and o u tla y s fo r th e E x p o r t-Im p o r t B an k o f th e U n ited S ta te s w e r e r e c l a s s if i e d o u ts id e th e u n ifie d b u d get t o t a ls . A m o u n ts r e p r e s e n t E x p o r t-Im p o r t B a n k o f th e U n ite d S ta te s t r a n s a c tio n s th ro u g h th e c lo s e o f b u s in e s s A u g u s t 16, 1971. F o r tr a n s a c tio n s a ft e r A u g u s t 16, 1971, c l a s s i f i e d o u ts id e th e u n ifie d bu dget t o t a l s , s e e T a b le IV , S c h e d u le A . ® T ra n sa ctio n s c o v e r th e p e r io d J u ly 1, 1972, th ro u g h Ju n e 22, 1973, and a r e p a r t ia lly e s tim a te d . 9 S e e T a b le I V , S c h e d u le A . * L e s s th a n $ 5 0 0 .0 0 . * * L e s s th an $ 5 0 0 ,0 0 0 .0 0 . S o u r c e : P r e p a r e d b y th e D e p a r tm e n t o f th e T r e a s u r y , B u r e a u o f A c c o u n t s , on th e b a s is o f r e p o r ts r e c e iv e d fr o m d is b u r s in g , c o lle c t in g an d a d m in is tr a tiv e a g e n c ie s o f th e G o v e r n m e n t. 0) * T A B L E III— B U D G E T R E C E IP T S A N D O U T L A Y S —Continued (In thousands) Classification of OUTLAYS Legislative Branch: Senate ................................................ .. House of Representatives.................... Joint items for Senate and House.. . . Architect of the Capitol........................ Botanic Garden........................................ Library of Congress ............................. Government Printing Office: General fund appropriations. . . . . . Revolving fund (net)........................... General Accounting Office................... Cost Accounting Standards Board . . . United States Tax Court.................... Proprietary receipts from the public Intrabudgetary transactions................ Total—Legislative Branch . . . . . The Judiciary: Supreme Court of the United States.., Court of Customs and Patent Appeals, Customs Court................................. .. Court of Claims......................................... Courts of appeals, district courts, and other judicial services........................................................................ Federal Judicial Center............................................................. Commission on Bankruptcy Laws of the United States . . Judiciary Trust Funds..................................... ......................... Proprietary receipts from the public................................... Total—The Judiciary.............................................. .. Executive Office of the President: Compensation of the President................................................ The White House Office.............................................. ............... Special Projects...................................................................... .. Executive Residence.................................................................... Special Assistance to the President..................................... Council of Economic Advisers.............................. .. Council on International Economic Policy........................... Council on Environmental Quality and Office of Environmental Quality........... ................................................. Domestic Council........................................................................ National Aeronautics and Space Council.................... .. National Security Council......................................................... Office of Emergency Preparedness................................. .. Office of Management and Budget.......................................... Office of Science and Technology............................................ Office of Telecommunications Policy............................. Special Action Office for Drug Abuse Prevention.. . . . . . Special Representative for Trade Negotiations.................. Miscellaneous............................................ .................................. Total—Executive Office of the President.................. See footnotes on page 3, Current Fiscal Year to Date This Month Applicable Receipts Outlays Net Outlays Applicable Receipts Outlays Comparable Period Prior Fiscal Year Net Outlays Applicable Receipts Outlays Net Outlays 17,460 12,413 5,456 3,605 58 6,434 17,460 12,413 5,456 3,605 58 6,434 $79,301 141,646 29,266 32,540 804 77,713 $79,301 141,646 29,266 32,540 804 77,713 $74,140 128,830 33,559 29,798 740 69,969 $74,140 128,830 33,559 29,798 740 69,969 4,453 1,587 8,898 105 913 4,453 1,587 8,898 105 913 -2,309 -208 86,570 3,146 95,254 1,480 8,107 86,570 3,146 95,254 1,480 8,107 -14,938 -457 58,494 13,382 85,447 882 6,501 58,494 13,382 85,447 882 6,501 -14,131 -304 48,865 555,372 540,433 501,438 604 63 214 192 15,721 123 52 285 5.209 663 2.209 5.209 663 2.209 175,365 1,424 441 2,820 6,907 175,365 1,424 441 2,820 -6,907 4,570 651 2,252 2,003 161,409 6,907 183,325 174,816 250 9,735 1,650 1,057 628 1,498 658 250 9,604 1,117 1,218 643 1,766 250 9,604 1,117 1,218 643 1,766 2,330 1,650 414 2,437 9,623 18,491 1,805 2,574 4,775 852 1,891 1,871 428 1,891 1,871 428 -208 51,174 $2,309 2,309 604 63 214 192 15,721 123 52 285 17,254 (*) 21 17,253 190,232 21 250 9,735 1,650 1,057 628 1,498 658 622 42 24 39 82 157 30 118 30 250 1,382 1,663 30 118 30 250 1,356 1,663 316 648 76 -3 316 648 76 -3 110 110 27 5,580 $14,938 14,938 2,102 2,102 H 622 42 24 39 82 157 5,606 -457 2,330 1.650 414 2,437 9.651 18,491 1,805 2,574 4,775 852 8 60,464 28 -304 $14,131 14,131 4,570 651 2,252 2,003 161,409 1,121 1,121 193 2,618 1,875 193 2,618 -1,875 1,875 172,941 -8 -8 2,221 487,307 2,221 55 8 8,717 18,312 1,829 2,337 1,079 818 53 8,662 18,312 1,829 2,337 1,079 818 53 60,437 54,147 55 54,092 T A B L E III— B U D G E T R E C E I P T S A N D O U T L A Y S —C o n tin u e d (In th o u sa n d s) Classification of OUTLAYS—Continued Funds appropriated to the President: Appalachian regional development programs: Public enterprise funds . . . . . . . . . . . . .................... Other ................................................................................. Disaster relief.................................................................... Economic stabilization activities................................. Emergency fund for the President............................... Expansion of defense production...................... Expenses of management improvement...................... Foreign assistance: International security assistance: Military Assistance: Defense Department............................................ All other agencies...................... ......................... Foreign military credit sales................ Military credit sales to Israel............................. Security supporting assistance............................. Liquidation of foreign military sales fund . . . . Military assistance advances............................... Proprietary receipts from the public: Military assistance advances.......................... Other................................... .................................... Total—International security assistance .. Applicable Receipts Outlays Net Outlays Outlays 165 22,327 110,869 2,787 18 156 22,327 110,869 2,787 92 84 5,193 -5,102 84 1648 263,402 358,447 26,405 14 103,875 548 98,552 -487 9,704 15,156 71,701 144,840 278,384 492,239 -7,841 232,953 123,354 641,792 239,936 1,396,012 98,552 -487 9,704 15,156 71,701 159,604 278,384 14,764 133,033 563,121 -608 147,097 68,924 717,054 10,204 1,183,794 1,096,694 69,651 -1,096,694 -69,651 1,299,378 1,523,241 275,694 195,932 406,203 223,508 475,850 2,391 10,502 1,614 4,768 39,979 139,195 2,444 31,844 35 320,349 454,689 187,811 193,145 490 -9,258 3,983 4,832 -320,349 63,828 406,203 183,529 336,655 -53 -21,342 1,579 4,768 -63,828 1,047,660 532,317 515,343 1,124,837 277,326 847,511 119,773 1,557,418 532,317 1,025,102 1,596,462 277,326 1,319,137 -573 10,532 10,532 43,270 4,686,395 800,377 40 2,479,498 153 2,206,897 800,224 40 6,240,151 2,515,644 3,724,507 4,462,351 1,052,699 1,571 5,866,482 323,532 186,227 19,422 62,112 11,064 23,838 166 -8,505 325 3,399 -19,422 454,689 226,497 326,879 3,077 27,736 3,949 4,832 123,556 50,579 72,977 Total—International development assistance, 170,352 50,579 President’s foreign assistance contingency fund., -573 Total--Foreign assistance................................... .. 802,393 232,040 Office of Economic Opportunity................................... Mis cellaneous........... .......................................................... 83,177 17 570,353 83,159 1,021,792 237,259 784,533 Total—Funds appropriated to the President, 563,121 -608 147,097 68,924 717,054 143,237 1,183,794 13,065 $454 241,.007 92,169 13,402 455 -11,524 655 323,532 186,227 14,570 32,226 Total—Bilateral assistance................ 492,239 -7,841 232,953 123,354 641,792 113,262 1,396,012 $176 2,822,619 3,118,445 4,073 20,527 190 6,365 126,674 1631 241,007 92,169 13,402 455 1,542 655 Net Outlays 1,171,263 451,153 62,112 15,137 44,366 356 -2,139 325 3,399 35,849 1505 263,402 358,447 26,405 14 68,026 548 Applicable Receipts 1,947,181 181,461 14,570 32,226 1144 Ohtlays -1,730,668 -89,839 -162,214 -4,483 632,614 Applicable Receipts Net Outlays 1,730,668 89,839 162,214 4,483 International development assistance: Multilateral assistance: International financial institutions.................. International organizations and programs .. . Bilateral assistance: Grants and other programs............................... Alliance for progress, development loans.. . Development loans.............................................. . Housing guaranty fund........................................... Overseas Private Investment Corporation. . , Inter-American Foundation............................... Intragovernmental funds............................... Proprietary receipts from the public........... . Comparable Period Prior Fiscal Year Current Fiscal Year to Date This Month 38,686 133,734 2,586 36,994 -33 275,694 195,932 43,270 1,576,703 2,885,648 250 1,052,449 1,571 1,590,195 4,276,287 01 0) T A B L E III— B U D G E T R E C E IP T S AND O U T L A Y S —Continued (In thousands) Current Fiscal Year to Date This Month Classification of OUTLAYS—Continued Applicable Receipts Outlays Net Outlays Applicable Receipts Outlays Comparable Period Prior Fiscal Year Net Outlays Outlays Applicable Receipts Net Outlays Agriculture Department: Departmental management: Office of the Secretary........................................................... Office of the Inspector General.......................................... Office of the General Counsel............................................ Office of Management Services .......................................... 12,757 1,528 491 198 $2,757 1,528 491 198 $9,753 17,492 6,272 3,803 $9,753 17,492 6,272 3,803 $10,058 18,352 6,741 4,055 $10,058 18,352 6,741 -4,055 Total—Departmental management................................ 4,974 4,974 37,320 37,320 39,206 39,206 Science and education programs: Agricultural Research Service............................................ Animal and Plant Health Inspection Service . . . . . . . . . Cooperative State Research Service................................. Extension Service.................................................................... National Agricultural Library............................................ 15,385 24,915 8,278 24,997 437 15,385 24,915 8,278 24,997 437 199,296 309,245 82,341 185,838 4,175 199,296 309,245 82,341 185,838 4,175 255,656 102,169 74,706 169,720 4,242 255,656 102,169 74,706 169,720 4,242 Total—Science and education programs.. . . . . . . . . . 74,012 74,012 780,896 780,896 606,493 606,493 2,574 185 2,574 185 21,303 15,357 21,303 15,357 21,055 17,198 21,055 17,198 275 323 206 275 323 206 2,587 3,746 1,950 2,587 3,746 1,950 2,943 3,933 2,012 2,943 3,933 2,012 4,835 288,148 4,835 288,148 26,907 895,000 26,907 895,000 28,560 1,320,400 28,560 1,320,400 23,323 7,144 17 2,764 1,188 23,323 7,144 17 2,764 1,188 155,487 86,381 51,473 160,233 16,334 155,487 86,381 51,473 160,233 16,334 166,373 86,133 66,783 185,371 10,743 166,373 86,133 66,783 185,371 10,743 34,437 34,437 469,909 469,909 515,403 515,403 Agricultural economics: Statistical Reporting Service .............................................. Economic Research Service................................................ Marketing services: Commodity Exchange Authority.......................................... Packers and Stockyards Administration...................... .... Farmer Cooperative Service.............................................. International programs: Foreign Agricultural Service.............................................. Foreign assistance and special export programs......... Agricultural Stabilization and Conservation Service: Administrative expenses............................... ................ .. Sugar act program............................................ ..................... Cropland adjustment program ............................................ Rural environmental assistance program ...................... Indemnity, conservation and land-use programs. . . . . Total—Agricultural Stab, and Conservation Service Corporations: Federal Crop Insurance Corporation: Administrative and operating expenses...................... Federal Crop Insurance Corporation fund.................. Commodity Credit Corporation: Public enterprise funds.................................................... Special activities: National Wool Act program.......................................... Intragovernmental funds.............................................. Total—Commodity Credit Corporation................ Total—Corporations................................. ......................... Rural development: Rural Development Service................................................. Rural Electrification Administration: Rural Telephone Bank ....................................................... Other............. ......................................................................... Se< fo o tn o te page 1,386 1,133 $447 1,386 686 12,865 24,095 $37,818 12,865 -13,723 12,066 31,516 $41,911 12,066 -10,395 332,141 550,620 -218,479 9,708,868 5,951,922 3,756,947 9,039,742 5,056,372 3,983,371 4,149 -208,157 73,510 -173,161 35,026 73,510 -208,187 116,545 -292,213 62,233 116,545 -354,446 -422,488 -420,415 9,609,217 5,986,948 3,622,269 8,864,074 5,118,605 3,745,470 9,646,176 6,024,766 3,621,411 8,907,656 5,160,516 3,747,140 191 158 5,085 629,306 6499,212 614 567,367 4,149 -208,157 128,132 550,620 130,652 551,067 19 \ i, 278 1.................. 19 191 1,278 34,390 499,212 158 597 16 567,367 i l Se< fo o tn o te page Classification of OUTLAYS—Continued Agriculture Department—Continued Rural development--Continued Farmers Home Administration: Public enterprise funds: Direct loan account......... ............................................. Rural development insurance fund.......... .............. Rural housing insurance fund......... ......................... Emergency credit revolving fund (disaster loans). Agricultural credit insurance fund ........................ O t h e r ........................................... .......... ............... Rural housing, water and waste disposal grants . . Salaries and expenses ..................................................... Outlays $33,459 167,378 9 211,201 2,860 3,918 10,030 Applicable Receipts Comparable Period P rio r F is c a l Year Current F isc a l Year to Date This Month Net Outlays Outlays Applicable Receipts Net Outlays 117,775 1,942 3,918 10,030 $65,459 232,835 2,284,709 920 1,777,471 3,072 47,615 109,514 $83,073 454,828 2,512,544 14,982 1,580,852 9,723 -$17,615 -221,993 -227,835 -14,063 196,619 -6,650 47,615 109,514 $9,559 142,079 $23,901 25,300 ” 93] 426 918 9 Outlays $393,107 Applicable Receipts $381,992 ’2)251*377 2)082)285 Net Outlays $11,116 42,600 1,172,272 5,054 37,141 100,682 115,895 979,655 11,669 ’ 169)093 -73,295 192,617 -6,615 37,141 100,682 Total—Farmers Home Administration.. . . . . . . . 428,846 245,982 182,865 4,521,594 4,656,002 -134,408 4,002,233 3,571,496 430,737 Total—Rural development.............................................. 430,143 245,982 184,161 5,055,387 4,661,087 394,300 4 ,570,372 3,572,093 998,279 13,164 13,164 168,678 168,678 171,435 171,435 11,615 1,858 11,615 1,858 124,038 15,173 124,038 15,173 126,454 16,169 126,454 16,169 1,969 1,969 29,037 1,600 735,730 -393 32,340 148,322 1,601 593,215 18,728 44,666 148,322 1,601 593,215 -1,583 44,666 798,314 806,531 600,992 90,101 2,210,498 622,194 93,552 1,909,166 622,194 93,552 1,909,166 2,624,912 Environmental programs: Soil Conservation Service: Conservation operations............................................ Watersheds, flood prevention and water develop ment ................................................................................. Great Plains conservation program .......................... Consumer programs: Agricultural Marketing Service: Marketing Services........................................... ............ .. Payments to States and Possessions.......................... Removal of surplus agricultural commodities . . . . Milk market orders assessment fund........................ O t h e r .............................................................................. Total—Agricultural Marketing Service........... .. Food and Nutrition Service: Child nutrition programs................................................ Special milk program....................................................... Food stamp program......................................................... Total—Food and Nutrition Service........................... Total—Consumer Programs........... «........................ *103 j 541 1,574 3,172 1,489 iÔ3*541 85 3,172 29,037 1,600 735,730 18,840 32,340 110,256 1,489 108,767 817,548 7,052 6,943 182,502 600,992 90,101 2,210,498 7,052 6,943 182,502 196,496 306,752 1,489 196,496 2,901,592 305,263 3,719,140 19,233 19,233 19,233 2,901,592 2,624,912 3,699,906 3,431,443 Forest Service: Intragovernmental funds...................................................... Forest protection and utilization ..................................... Construction and land acquisition...................................... Forest roads and trails .......................... ............................ Forest Service permanent appropriations.................... Cooperative work . , . . ............................ ............................ Other .......................... ............................................................... -816 30,389 2,433 13,421 1,664 5,199 244 -816 30,389 2,433 13,421 1,664 5,199 244 -4,966 339,194 27,949 140,183 137,032 79,189 4,921 -4,9 6 6 339,194 27,949 140,183 137,032 79,189 4,921 1,070 374,450 19,565 143,221 96,756 41,114 4,686 Total—Forest Service.................................................... .. 52,533 52,533 723,502 723,502 680,863 Proprietary receipts from the public......... ...................*. Total—Agriculture Department..................................... See footnotes on page 3. 1,356,686 124,911 -124,911 923,448 433,238 21,707,069 813,856 -813,856 11,518,941 10,188,128 20.461.595 20,311 20,311 20,311 786,220 3,411,132 1,070 374,450 19,565 143,221 96,756 41,114 4,686 680,863 773,980 -773,980 9.526.900 10.934.696 < X > T A B L E III— B U D G E T R E C E IP T S AND O U T L A Y S —Continued (In thousands) Commerce Department: General Administration: Public works grants and loans revolving fund.. . . . . . Salaries and expenses......................................................... Other.......................................................................................... Social and Economic Statistics Administration: Salaries and expenses......................................................... Censuses ................................................................................. Other................................................ ....................................... Economic development assistance: Economic Development Administration........................ Regional Action Planning Commissions........................ Promotion of industry and commerce: Domestic and International Business Administration Foreign direct investment regulation............................. Minority business enterprise............................................ National Industrial Pollution Control Council............. U. S. Travel Service............................................................. Total—Promotion of industry and commerce......... Science and technology: National Oceanic and Atmospheric Administration: Public enterprise funds...........................»..................... Other..................................................................................... Patent Office........................................................................... National Bureau of Standards: Intragovemmental funds . . . . ....................................... Other..................................................................................... Office of Telecommunications .......................................... National Technical Information Service ........................ Office of State Technical Service...................................... Applicable Receipts Outlays Net Outlays Outlays 3,420 Net Outlays 417,825 7,376 1,559 29,260 27,994 1,558 29,260 27,994 1,558 32,949 4,970 5,502 205 5,036 23 1,359 296,340 57,334 55,585 2,457 39,143 332 7,587 296,340 57,334 55,585 2,457 39,143 332 7,587 265,834 44,224 48,648 2,528 8,393 327 5,046 265,834 44,224 48,648 2,528 8,393 327 5,046 12,125 105,104 105,104 64,942 64,942 2,223 39,211 6,738 4,516 332,553 64,178 1,585 332,553 64,178 3,305 343,493 60,480 695 4,383 805 529 -923 51,876 5,942 5,006 7 -923 51,876 5,942 5,006 7 -2,365 47,395 3,685 3,880 191 32,949 4,970 5,502 205 5,036 23 1,359 12,125 695 4,383 805 529 Applicable Receipts 32,656 28,343 -2,280 3,132 3,075 -4,386 113 Outlays 32,656 28,343 -2,280 3,132 3,075 -4,386 2,336 39,211 6,738 Net Outlays $12,595 7,376 1,559 $17,371 8,303 610 $3,431 Applicable Receipts -$18,596 8,303 610 -$3,454 899 646 423 899 646 Comparable Period Prior Fiscal Year Current Fiscal Year to Date This Month Classification of OUTLAYS—Continued $35,967 2,931 3,678 -373 343,493 60,480 -2,365 47,395 3,685 3,880 191 Total—Science and technology.......................... .......... 54,697 113 54,584 463,155 2,931 460,224 460,064 3,678 456,386 Maritime Administration: Public enterprise funds...................................................... Ship construction.............................................. ..................... Ship operation subsidies..................................................... Other......................................................................................... 18,797 37,288 4,388 102 1,030 -928 18,797 37,288 4,388 1,948 185,878 226,711 55,399 12,787 -10,839 185,878 226,711 55,399 2,648 143,252 235,667 53,339 13,254 -10,606 143,252 235,667 53,339 Total—Maritime Administration................................. 60,575 1,030 59,545 469,935 12,787 457,149 434,905 13,254 421,651 3,311 -3,311 -2,482 158,292 -21,394 1,455,477 41,135 -41,135 -21,394 1,362,658 -16,649 1,333,661 36,409 -36,409 -16,649 1,249,900 739,814 628,205 633,624 2,001,643 739,814 6287205 633,624 2,001,643 8,568,053 7,199,329 7,516,144 23,283,526 8,568,053 7,199,329 7,516,144 23,283,526 9,004,560 6,748,098 7,283,134 23,035,793 9,004,560 6,748,098 7,283,134 23,035,793 376,281 376,281 4 ,390,384 4 ,390,384 3,884,688 3,884,688 Proprietary receipts from the public................................. Intrabudgetary transactions................................................... Total—Commerce Department......................................... Defense Department: Military: Military personnel: Department of the Army................................................ Department of the Navy...................... ........................... Department of the Air Force ....................................... Total—Military personnel..................................... Retired Military personnel............................................. -2,482 166,177 7,885 92,819 83,761 T A B L E III— B U D G E T R E C E I P T S A N D O U T L A Y S —C o n tin u e d (In th o u s a n d s ) Classification of OUTLAYS—Continued Outlays Applicable Receipts Comparable Period Prior Fiscal Year Current Fiscal Year to Date This Month Net Outlays Applicable Receipts Outlays Net Outlays Outlays Applicable Receipts Net Outlays Defense Department—Continued Military—Continued Operation and maintenance: Department of the Army....................................... Department of the Navy........................................ Department of the Air Force......... I ............ Defense agencies........... .............. ......................... $780,361 640,138 643,029 137,875 $780,361 640,138 643,029 137,875 $6,916,993 5,722,383 6,991,006 1,442,708 $6,916,993 5,722,383 6,991,006 1,442,708 $7,553,886 5,689,180 7,160,686 1,271,158 $7,553,886 5,689,180 7,160,686 1,271,158 Total—Operation and maintenance.. . . . . . . 2,201,403 2,201,403 21,073,090 21,073,090 21,674,910 21,674,910 Procurement: Department of the Army......... ...................... ..... Department of the Navy ....................................... Department of the Air Force............................... Defense agencies..................................................... 291,225 788,851 569,234 5,733 291,225 788,851 569,234 5,733 2,781,398 7,030,089 5,800,323 48,142 2,781,398 7,030,089 5,800,323 48,142 3,894,432 7,135,407 6,047,758 53,797 3,894,432 7,135,407 6,047,758 53,797 Total—Procurement......................................... 1,655,043 1,655,043 15,659,952 15,659,952 17,131,395 17,131,395 Research, development, test and evaluation: Department of the Army....................................... Department of the Navy ..................................... .. Department of the Air Force............................... Defense agencies..................................................... 242,570 258,302 287,482 48,918 242,570 258,302 287,482 48,918 1,910,607 2,404,658 3,361,864 478,580 1,910,607 2,404,658 3,361,864 478,580 1,778,730 2,426,633 3,205,071 470,775 1,778,730 2,426,633 3,205,071 470,775 Total—Research, development, test and evaluation ........................................................... 837,272 837,272 8,155,708 8,155,708 7,881,208 7,881,208 Military construction: Department of the Army........................................ Department of the Navy............................... .. Department of the Air Force.............................. Defense agencies........... ......................................... 104,830 40,558 31,535 919 104,830 40,558 31,535 919 421,745 392,608 284,412 18,150 421,745 392,608 284,412 18,150 423,048 342,762 330,736 11,459 423,048 342,762 330,736 11,459 177,841 177,841 1,116,916 1,116,916 1,108,005 1,108,005 Total—Military construction................. . . . . Family housing: Homeowner’ s assistance fund............................. Other........................................................................... 292 86,632 $253 39 86,632 4,151 726,978 1,121 31 726,978 8,775 683,703 1,530 4,245 683,703 Total—Family housing...................................... 86,924 253 86,671 731,130 4,121 727,009 4,530 687,948 Civil Defense ................................. ............ ................. Special foreign currency program........................ Revolving and management funds: Public enterprise funds: Department of the Army................................... Department of the Navy ................................... Department of the Air Force......................... Intragovernmental funds: Department of the Army............................... Department of the Navy ................................... Department of the Air Force.................. Defense agencies........... .................................. .. 7,530 1,177 7,530 1,177 73,954 3,799 692,478 74,524 2,645 979 -3 18,630 22,507 95,356 27,963 -5,291 -315,593 -253,060 -321,415 -160,020 141,511 -1,031,459 Total—Revolving and management fluids See footnotes on page 3. 2,824 1,845 3 22,507 95,356 27,963 -5,291 143,359 1,848 -1 73,954 3,799 -1 19,947 25 19,971 Hi (*) 1 -1,317 -25 21,731 -315,593 -253,060 -321,415 -160,020 -16,543 26,476 21,782 -255,097 -1,051,429 -201,¿49 74,524 2,645 (*) 21,662 59 m 69 -58 -16,543 26,476 21,782 -255,097 21,721 -223,370 o T A B L E III— B U D G E T R E C E IP T S AN D O U T L A Y S —Continued (In thousands) Applicable Receipts Outlays Defense Department—Continued Military—Continued Miscellaneous trust revolving funds.................................. MiSf’<aUnnprnis trust funds._____ . . . T. _________ ________ Prnpriptnry rpp.plpts from thfi public................................. Tntrahudgetary transactions.................................................. $6,784 989 Total—Military...................................................................... 7,495,788 Civil; Department of the Army: Cfimetfirial expenses........................................................... Corps of Engineers: Water resources development................................. .. Mragovemmentai funds ........... ................................ Proprietary receipts from the public........... T.......... Ryukyu Islands................................. .................................... Miscellaneous accounts: Army—wildlife conservationj e tc ............................... Navy--wildlife conservation, etc..................................... Air Force--wildlife conservation, etc.......................... Soldiers* and Airmen's Home: Soldiers* and Airmen's Home revolving fund............. Other......................................................................................... The Panama Canal: Canal 7,(me Government...................................................... Panama Canal Company..................................................... Proprietary receipts from the public................................. Tntrahudg'et.ary transactions ..................................... .. -459 $7,490 -16,646 -7,056 Comparable Period Prior Fiscal Year Current Fiscal Year to Date This Month Classification of OUTLAYS—Continued Net Outlays Applicable Receipts Outlays -$706 989 16,646 -459 7,502,843 $64,156 7,715 -3,163 73,525,709 $73,207 Net Outlays 198,875 -$9,051 7,715 -101,577 -3' 163 73,326,834 33,282 ' 46 101,577 Applicable Receipts Outlays $65,206 7,181 -6,137 75,350,247 $66,745 Net Outlays 199,592 -$1,539 7,181 -106,596 -6,137 75,150,654 26,790 272 106,596 2,465 2,465 20,168 20,168 21,307 21,307 248,316 -22,140 248,316 -22,140 -518 14 1,697,043 8,222 1,697,043 8,222 -33,282 184 1,519,387 -7,117 1,519,387 -7,117 -26,790 6,166 57 5 7 355 49 104 355 49 104 318 35 72 -7 1,101 10,660 '257 -1,362 -5,907 225 12,163 222 4 12,163 208 12,015 198,643 24,227 60,020 -4,230 -24,227 -32,670 53,036 183,190 14 518 57 5 7 10 1,101 10,660 21,561 17 21,304 1,362 230 60,020 194,413 -32,670 6,438 318 35 72 223 -15 12,015 182,649 23,361 53,036 540 -23,361 -26,036 Total—Civil............................................................................. -5,907 256,149 23,201 232,948 1,960,322 256,419 1,703,903 1,762,853 233,295 1,529,557 Total—Defense Department....................................................... 7,751,937 16,145 7,735,792 75,486,031 455,294 75,030,736 77,113,099 432,888 76,680,212 -26,036 Health, Education, and Welfare Department: Food and Drug Administration: Revolving fund for certification and other services.. . . Other.......................................................... .................................. Health Services and Mental Health Administration: Public enterprise funds........................................................... Intragovernmental funds......................................................... Mental health............................................................................ Health services planning and development........................ Health services delivery...................................................... . Preventive health services..................................................... Indian health services and facilities................................... Other.............................................................................................. 355 13,749 431 -76 13,749 4,237 143,358 4,750 -513 143,358 4,781 105,109 4,410 371 105,109 1,142 27,658 55,076 24,953 43,294 6,666 15,606 9,576 115 1,027 27,658 55^076 24,953 43^294 6,666 15,606 9,576 5,657 22,986 513,691 361443 661^077 129,243 197,442 103,435 582 5,075 22,986 513,691 361,143 661^077 129,243 197,442 103,435 134 -1,276 481,235 405,819 681,767 78,229 169,599 81,089 129 5 -1,276 481,235 405,819 681,767 78,229 169,599 81,089 Total--Health Service and Mental Health Administration................................................................... 183,969 115 183,854 1,994,674 582 1,994,091 1,896,597 129 1 ftQfi A(Kft m m Classification of OUTLAYS—Continued Health, Education, and Welfare Department— Continued NationalInstitutes ofHealth: Public enterprise funds................. Intragovernmentalfunds........... ...... Cancer research...................... Heart and lung research... ............. Arthritis, metabolic and digestivediseases..... Neurologicaldiseases and stroke........... Allergy and infectiousdiseases............. General medical science................ Child healthand human development......... Other researchinstitutes................ Health manpower............1.. .... Other.................... ........ Total— NationalInstitutesofHealth..... . EducationDivision: OfficeofAssistantSecretary ofEducation...... OfficeofEducation: Studentloaninsurance fund....... ...... Higher educationfacilitiesloan and insurancefund. Elementary and secondary education.... . School assistance infederallyaffected areas... Emergency school assistance ............ Educationforthehandicapped............ Occupational, vocational,and adulteducation... Higher education.................... Educational development...... ........ Other.......................... Total— Office ofEducation........... NationalInstituteofEducation............. Total— Education Division.............. Social and RehabilitationService: Grants toStates for PublicAssistance: Outlays Applicable Receipts Comparable Period P rio r F is c a l Year Current F isca l Year to Date This Month Net Outlays Outlays Applicable Receipts Net Outlays Outlays Applicable Receipts Net Outlays $1,220 119 -152,708 45,088 21,450 13,177 10,858 9,603 17,988 10,973 17,367 108,208 3,215 1130 -till -152,708 45,088 21,450 13,177 10,858 9,603 17,988 10,973 17,367 108,208 3,215 1756 36,465 382,760 232,473 149,229 110,403 106,526 170,730 114,567 172,749 627,420 51,452 $1,462 -4706 36,465 382,760 232,473 149,229 110,403 106,526 170,730 114,567 172,749 627,420 51,452 $2,305 997 258,898 193,527 146,399 104,981 105,865 161,668 97,528 165,204 455,705 59,928 $1,085 105,236 130 105,107 2,155,531 1,462 2,154,069 1,753,006 1,085 1,751,920 -654 -483 31,679 46,180 1,887,812 649,302 71,952 93,674 508,541 1,287,140 204,059 150,175 5,090 21,711 4,930,515 26,802 26,589 24,469 1,887,812 649,302 71,952 93,674 508,541 1,287,140 204,059 150,175 4,903,714 26,802 4,903,714 -654 -483 12,378 17,520 277,181 90,009 3,010 14,064 93,343 252,291 21,165 25,905 1,031 955 11,347 16,566 277,181 90,009 3,010 14,064 93,343 252,291 21,165 25,905 50,760 32,224 1,826,402 580,494 40,992 111,204 610,841 1,382,165 226,288 170,763 7,153 23,000 806,866 1,986 804,880 5,032,135 30,153 43,607 9,224 1,826,402 580,494 40,992 111,204 610,841 1,382,165 226,288 170,763 5,001,982 12,406 26,672 1,986 816,632 5,058,324 30,153 5,028,171 4,930,515 12,406 818,618 997 258,898 193,527 146,399 104,981 105,865 161,668 97,528 165,204 455,705 59,928 26,672 Providing or financing medical services.. . . Public assistance.................................................. Social and individual services........................... Social and rehabilitation services........................ Work incentives......................................................... Assistance to refugees in the United States . . . Other............................................ ..................... 394,825 643,277 118,876 75,147 33,866 15,850 3,571 394,825 643,277 118,876 75,147 33,866 15,850 3,571 4,578,600 5,942,869 1,613,692 800,163 280,540 135,362 56,837 4,578,600 5,942,869 1,613,692 800,163 280,540 135,362 56,837 4,470,064 6,668,432 1,953,407 726,404 171,103 129,173 38,833 4,470,064 6,668,432 1,953,407 726,404 171,103 129,173 38,833 Total—Social and Rehabilitation Services.. . 1,285,411 1,285,411 13,408,063 13,408,063 14,157,416 14,157,416 43 113,526 98,412 43 113,526 98,412 82 2,385,511 946,335 82 2,385,511 946,335 -324 2,454,192 417,951 -324 2,454,192 417,951 67,396 3,814,229 345 67,396 3,814,229 345 719,911 42,169,560 2,469 782,954 581,959 34,540,313 1,555 724,341 581,959 34,540,313 1,555 724,341 3,881,970 3,881,970 719,911 42,169,560 2,469 782,954 43,674,894 43,674,894 35,848,168 35,848,168 Social Security Administration: Intragovernmental funds........... .............................. Payment to social security trust funds.............. Special benefits for disabled coal miners......... Federal old-age and survivors ins. trust fund: Administrative expenses and construction . . Benefit payments ................................................... Vocational rehabilitation services.................. Payment to railroad retirement account. . . . Total-FOASI trust fund................................... T A B L E M I-B U D G E T R E C E IP T S AN D O U T L A Y S -C o n tin u e d (In thousands) This Month Classification of OUTLAYS—Continued Outlays Health, Education, and Welfare Department—Continued Social Security Administration—Continued Federal disability insurance trust fund: Administrative expenses and cnnstrnetinn Renefit payments................................................, , , , T Vocational rehabilitation services............................. Payment to railroad retirement account.................. Applicable Receipts Current Fiscal Year to Date Net Outlays Outlays Applicable Receipts IO Comparable Period Prior Fiscal Year Net Outlays Outlays Applicable Receipts Net Outlays $29,565 473,977 5,408 $29,565 473,977 5,408 $246,653 5,161,928 39,357 19,503 $246,653 5,161,928 39,357 19,503 $211,677 4,045,902 27,523 24,190 $211,677 4,045,902 27,523 24,190 Total—FDI trust fund........................................T- -. 508,949 508,949 5,467,441 5,467,441 4,309,292 4,309,292 Federal hospital insurance trust fund: Administrative expenses and construction Benefit payments............................................................. 17,340 617,610 17,340 617,610 192,842 6,648,221 192,842 6,648,221 166,375 6,109,139 166,375 6,109,139 Total--FHŒ trust fund................................................ 634,950 634,950 6,841,063 6,841,063 6,275,514 6,275,514 Federal supplementary medical ins. trust fund: Administrative expenses and construction Benefit payments............................................................. 21,516 207,574 21,516 207,574 245,867 2,391,056 245,867 2,391,056 288,627 2,255,069 288,627 2,255,069 Total—FSMI trust fund.............................................. 229,091 229,091 2,636,922 2,636,922 2,543,696 2,543,696 5,466,941 5,466,941 61,952,249 61,952,249 51,848,491 51,848,491 Special institutions: American Printing House for the Blind...................... National Technical Institute for the D eaf.................... Model Secondary School for the Deaf............................. Gallaudet College........... ............................. ........ ............... Howard University.............................................................. 178 2,414 352 1,569 7,167 178 2,414 352 1,569 7,167 1,697 17,060 3,034 10,395 68,253 1,697 17,060 3,034 10,395 68,253 1,580 12,332 2,873 9,469 49,449 1,580 12,332 2,873 9,469 49,449 Total—Special institutions............................................ 11,681 11,681 100,438 100,438 75,704 75,704 Office of Child Development ................................................ Office of the Secretary: Intragovernmental funds................................................... Office for Civil Rights....................................................... Office .of Consumer Affairs.............................................. Departmental management..................................... .. Proprietary receipts from the public............................... Intrabudgetary transactions: Payments for health insurance for the aged: Federal hospital insurance trust fund . . . . . . Federal supplementary medical insurance trust fund...................................................................... ............. Payments for military service credits and special benefits for the aged: Federal old-age and survivors insurance trust fund. . ...................................................... Federal disability insurance trust fund.................... Federal hospital insurance trust fund...................... Receipts transferred to railroad retirement account Interest on reimbursement of administrative and vocational rehabilitation expenses: Federal old-age and survivors ins. trust fund . . . Federal disability insurance trust fund.................. Federal hospital insurance trust fund.................... Federal supplementary medical ins. trust fund . . 27,418 27,418 384,467 384,467 215,623 215,623 -5,320 1,064 80 5,367 -5,320 1,064 80 5,363 -16,489 -13,182 12,975 1,174 56,139 -13,182 12,975 1,174 56,135 -24,869 -3,836 10,247 1,315 50,346 -3,836 10,247 1,315 50,346 -30,033 -381,415 -381,415 -503,351 -503,351 -1,430,451 -1,430,451 -1,365,295 -1,365,295 -474,645 -51,000 -48,000 -802,457 -474,645 -51,000 -48,000 -802,457 -487,546 -50,000 -48,000 -748,531 -487,546 -50,000 -48,000 -748,531 1,875 260 1,875 260 100 299 -348 100 299 -348 Total—Social Security Administration............... Total—Health, Education, and Welfare Department . . . . . . . . . . . . . . -113,526 -113,526 7,8 0 1 ,0 4 2 III_ _ B U D G ET $4 24,869 -155 -1,979 .................... 1 TA B Le $4 16,489 19,155 R E C E IP T S 7 ,781 ,887 AND 82,07 0,480 -155 -1,979 61,822 82,008,658 O U TLA YS — Continued (In thousands) $30,033 -51 71,842,591 -51 62,459 71,780,132 1 7,8 0 1 ,0 4 2 III —B U D G E T Classification of OUTLAYS—Continued Outlays 19,155 7 ,781 ,887 R E C E IP T S AND This Month Applicable Receipts Net Outlays 82,07 0,480 1 61,822 O U T L A Y S —C o n t in u e d 82,00 8,658 71,842,591 62,459 J 7 1 ,7 80,132 (In t h o u s a n d s ) Current Fiscal Year to Date Applicable Net Outlays Receipts Outlays Comparable Period Prior Fiscal Year Outlays Applicable Receipts Net Outlays Housing and Urban Development Department: Housing production and mortgage credit: Federal Housing Administration: Public enterprise funds: FHA revolving fund............. .................................. Housing for the elderly or handicapped fund . . . . College housing loans and other expenses........... Nonprofit sponsor assistance................................... Low-rent public housing loans and other expenses ........................................................................ Other ...................... ......................... ................................ $200,588 660 5,720 115 $91,488 1,924 6,068 99 $109,100 -1,264 -348 17 $1,993,953 11,432 163,978 1,841 $1,153,572 22,112 159,949 1,565 $840,381 -10,680 4,030 276 $1,335,526 20,468 196,042 2,508 $1,045,432 21,943 158,986 1,423 $290,093 -1,475 37,056 1,085 20,536 83,857 -63,321 650,555 15,748 664,598 -14,043 15,748 735,413 17,000 766,339 -30,925 17,000 Total—Federal Housing Administration........... 227,620 183,435 44,184 2,837,506 2,001,795 835,711 2,306,957 1,994,122 312,835 Government National Mortgage Association: Management and Liquidating functions ...................... Guarantees of mortgage-backed securities.............. Special assistance functions.......................................... Participation sales fund.................................................. 8,394 44 149,548 7,430 21,169 481 163,305 -12,775 -437 -13,757 7,430 141,153 1,665,247 7,953 894,211 5,195 1,866,238 29,075 -753,059 -4,666 -200,991 -21,122 158,826 520 935,451 -244 494,565 3,157 486,834 29,845 -335,739 -2,637 448,617 -30,089 Total—Government National Mortgage Association.................................................................... 165,416 184,955 -19,539 1,814,882 2,794,719 -979,838 1,094,553 1,014,401 80,152 393,036 368,390 24,645 4,652,388 4,796,514 -144,126 3,401,510 3,008,523 392,987 3 208 523 440 -521 -232 -289 3,021 5,804 7,967 -6,094 -4,946 -28 3,346 2,464 5,905 -2,493 -2,559 877 73,060 20,324 20,092 10,072 136 6,056 1,044,051 282,309 170,319 106,545 22,341 6,056 1,044,051 282,309 170,319 106,545 22,341 2,446 746,627 221,307 77,283 74,513 16,878 Total--Housing production and mortgage credit. Housing management: Public enterprise funds: Rental housing assistance fund..................................... Other ..................................................................................... Housing assistance payments: College housing grants ..................................................... Low-rent public housing................................................. Home ownership assistance .......................................... Rental housing assistance.............................................. Rent supplement......................................................... .. Other ......................................................................................... Total--Housing management.............................». . . Community planning and management: New communities fund.......................................................... Comprehensive planning grants......................................... Other.................... ..................................................................... Community development: Urban renewal programs..................................................... Rehabilitation loan fund....................................................... Public facility loans............................................................. Salaries and expenses......................................................... Model cities programs......................................................... Grants for neighborhood facilities................................... Open space land programs.................................. .............. Grants for basic water and sewer facilities.................. Total—Community development............................... 877 73,060 20,324 20,092 10,072 136 fioq 2,446 746,627 221,307 77,283 74,513 16,878 124,771 964 123,807 1,634,353 13,771 1,620,582 1,142,371 8,370 1,134,002 -814 8,510 268 84 -898 8,510 '268 -73 75,765 13,268 3,482 -3,556 75,765 13,268 89 50,170 10,680 2,666 -2,577 50,170 10,680 151,424 4,700 3,085 121,010 1,418 2,512 30,414 3,281 573 808,953 16,014 26,376 992,211 25,720 12,464 25,159 589,929 26,578 61,485 156,533 1,836,803 50,885 47,361 23,274 499,515 23,177 52,319 134,005 647,424 11,420 24,940 49,498 1,804 6,084 12,873 1,801,164 41,734 38,840 25,159 589,929 26,578 61,485 156,533 1,189,379 39,465 22,422 23,274 499,515 23,177 52,319 134,005 104,527 2,741,422 851,342 1,890,080 2,667,340 683,783 1,983,557 49,498 1,804 6^084 12,873 229,468 124,941 CO T A B L E III— B U D G E T R E C E IP T S A N D O U T L A Y S -C o n tln u e d (In thousands) Classification of OUTLAYS—Continued Housing and Urban Development Department--Continued Federal Insurance Administration: Public enterprise funds................................. ..................... Other........................................................................................ Interstate land sales registration....................................... Research and technology.................................................. Fair housing and equal opportunity ................................... Departmental management: Intragovernmental funds..................................... ............... Other....................................................................................... Proprietary receipts from the public.............................. Total—Housing and Urban Development Department........... ............................................. .. This Month Outlays 1579 893 Current Fiscal Year to Date Applicable Receipts $881 Net Outlays -$302 893 Outlays 5,673,982 3,599,614 7,353,346 226,115 210,834 2,136 -731 193,071 286,831 74,209 155,818 1,103 144,149 267,435 78,905 96,982 1,517 -414 144,149 267,435 78,905 96,982 2,136 709,197 588,574 1,517 587,057 209,045 105,115 193,512 87,956 1,249,472 1,080,877 139,661 127,175 -1,181 138,261 32,755 1,53.9 311,035 50,439 125j264 17,880 1,452 322,210 148,848 209,260 144,186 186,709 495,266 295,850 9,273,596 12,867 267 4,387 20,705 5,437 9,575 216 50 4,387 20,705 5,437 9,575 226,115 1,404 193,071 286,831 74,209 155,818 Total—Bureau of Indian Affairs............................. 40,371 216 40,154 711,333 Bureau of Outdoor Recreation.......................................... Territorial Affairs ................................................ ............. 17,864 8,453 17,864 8,453 209,045 105,115 Total—Public land management................................. 79,554 79,338 1,251,608 8,784 139,661 -557 10,692 4,501 80 23,500 7,141 138-, 261 32,755 1,539 319,357 13,507 19,596 148,848 209,260 Total--Mineral resources....................................... Fish and wildlife and parks: Bureau of Sport Fisheries and Wildlife........................ National Park Service......................................................... Water and power resources: Bureau of Reclamation: Colorado River and Fort Peck projects.............. Construction and rehabilitation................................... Other........... .............. .......................................................... Alaska Power Administration ........................................ Bonneville Power Administration...................... ............ Southeastern Power Administration........................ Southwestern Power Administration............................ Office of water resources research............................... Total-Water and power resources........... .. 8,784 530 10,692 4,501 80 24,587 1,087 1,087 13,507 19,596 Net Outlays 235 6 5,883 24,797 -6 Interior Department: Public land management: Bureau of Land Management............................................ Bureau of Indian Affairs: Public enterprise funds.......................................... Indian tribal funds . . i ..................................................... Education and welfare services................................... Resources management.................................................. Other................................................................. ................... Mineral resources: Geological Survey............................................................... Bureau of Mines: Helium fund....................................................................... Other .................... .............................................................. Office of Coal Research.................................................... Office of Oil and Gas........................................................... Applicable Receipts $1,988 6,174 627 47,965 9,489 -16,550 98,144 -235 5,883 24,797 216 Outlays $8,637 3,724 12,867 Net Outlays Comparable Period Prior Fiscal Year $10,624 6,174 627 47,965 9,489 -16} 550 98,144 3,724 791,116 Applicable Receipts A 2,136 8,322 8,322 $7,635 4,980 42,630 8,411 -27,742 45,271 $7,574 $62 4,980 30 42,630 8,411 -27,742 45,271 -30 3,710,945 3,642,400 210,834 193,512 87,956 1,517 1,079,360 127,175 8,143 8,143 42,296 125>264 17,880 1,452 214,067 144,186 186,709 23,279 27,687 13,682 114 13,649 52 299 3,000 4,738 18,541 27,687 13,682 114 13,649 52 299 3,000 126,916 233,558 137,510 992 135,241 922 5,639 14,686 51,416 75,500 233,558 137,510 992 135,241 922 5,639 14,686 98,328 187,235 125,363 1,058 123,182 744 6,792 13,644 50,455 47,873 187,235 125,363 1,058 123,182 744 6,792 13,644 81,761 4,738 77,023 655,463 51,416 604,048 556,346 50,455 505,890 t ABL Classification of OUTLAYS - -Continued Interior Department—Continued Secretarial Offices: Office of the Solicitor.. . . . . . ............................................... Office of the Secretary......................................................... Proprietary receipts from the public: Royalties and Rent on Outer Continental Shelf Lands.. .O th er.,.... . ................................................................................. Intrabudgetary transactions......................................... .. Total—Interior Department ............................................... Justice Department: Legal activities and general administration...................... Federal Bureau of Investigation ............................................ Immigration and Naturalization......................................... Federal Prison System: Federal Prison Industries, Inc. ( n e t) ..................... Federal prison commissary funds............................... Other .............................................. ........................................... Law Enforcement Assistance Administration......... .......... Bureau of Narcotics and Dangerous Drugs . . . . . . . . . . . . Proprietary receipts from the public........... ....................... Total--Justice Department......... .......... .............................. Labor Department: Manpower Administration: Intragovernmental funds.................................................... • Manpower training services................................................. Emergency employment assistance.................................. Federal unemployment benefits and allowances............ Salaries, expenses, and o th e r......................................... Unemployment trust fund: Unemployment insurance and employment services: Federal—State unemployment insurance: State unemployment benefits............. ..................... State administrative expenses ............................... Federal administrative expenses: Direct expenses, reimbursements and recoveries....................«..................... ................. Interest on advances...................... ..................... .. Interest on refunds................................................ Railroad unemployment insurances: Railroad unemployment benefits...................... Administration expenses..................................... Payments of interest on borrowings from railroad retirement account............................. Total--Unemployment trust fund...................... S^tl^tnousañasT 7T T b O dgi Applicable Receipts Outlays Net Outlays Outlays 1600 1600 7,206 7,206 1194,211 230,515 -55,676 -927,990 -46,099 179,616 356,737 137,047 158,055 328,957 128,828 1,796 -204 156,417 623,982 77,517 2,829 5,530 124,731 379,748 58,382 1,530,786 1,187,060 -1,327 1,477,722 1,014,535 390,542 271,266 -1,327 1,477,722 1,014,535 390,542 271,266 -2,072 1,665,420 567,030 541,464 647,380 -2,072 1,665,420 567,030 541,464 647,380 4,404,723 813,357 4,404,723 813,357 5,978,349 776,473 5,978,349 776,473 52,254 52,254 ” ” 386 ” '*386 38,252 537 365 38,252 537 365 1,796 5,748 156,417 623,982 77,517 213 193 -29 13,872 61,313 7,694 -213 731 137,036 1,538,859 2,905 101,531 114,433 31,713 9,309 2,905 101,531 114,433 31,713 9,309 275,112 84,501 275,112 84,501 137,767 $55,676 927,990 2,299,481 179,616 356,737 137,047 518 $6,580 48,672 $6,580 48,672 -3,805,577 -892,241 Net Outlays -2,219,073 15,078 28,196 10,932 193 489 13,872 61,313 7,694 Applicable Receipts -46,099 2,540,619 15,078 28,196 10,932 Outlays -100,390 -204,134 430,768 Net Outlays $7,051 49,421 $3,805,577 892,241 -194,211 -230,515 -100,390 226,634 Applicable Receipts 17,051 49,421 -177 -177 Comparable Period P rio r F isc a l Year Current F isca l Year to Date This Month 4,759,692 5,951 2,121 8,073 -2,121 1,043,781 1,255,700 158,055 328,957 128,828 1,358 2,829 172 124,731 379,748 58,382 -1,358 6,717 1,180,343 5,359 4,130 653 4,130 653 72,827 7,403 72,827 7,403 120,091 8,132 120,091 8,132 779 779 2,245 2,245 3,717 3,717 367,696 367,696 5,353,196 5,353,196 6,925,913 6,925,913 Total—Manpower Administration ........................ 627,587 627,587 8,505,934 8,505,934 10,345,136 10,345,136 Labor-Management Services Administration.................... Employment Standards Administration: Salaries and expenses.............................................. ............ Federal workmen's compensation benefits.................... Other ............................................................................................ 2,466 2,466 24,088 24,088 21,464 21,464 4,177 20,634 65 4,177 20,634 65 52,438 102,094 621 52,438 102,094 621 83,135 103,586 536 83,135 103,586 536 Ol T A B L E III— B U D G E T R E C E IP T S AN D O U T L A Y S -C o n tin u e d (In thousands) Applicable Receipts Outlays Labor Department—Continued Occupational Safety and Health Administration................. Bureau of Labor Statistics....................................................... Departmental management ................................. ..................... Proprietary receipts from the public................................... Intrabudgetary transactions..................................................... 14,733 558 5,838 Total—Labor Department..................................................... 665,101 Comparable Period Prior Fiscal Date Current Fiscal Year to Date This Month Classification of OUTLAYS—Continued Net Outlays Outlays $37,401 44,260 18,595 $4,733 558 5,838 -116 -957 -147,498 664,985 8,637,934 -6,015 -133 -6,015 -133 1,286 Applicable Receipts 0> Net Outlays Outlays Applicable Receipts Net Outlays $37,401 44,260 18,595 -1,262 -147,498 -573,458 8,636,672 10,034,409 253,817 148 253,817 148 242,528 242,528 1,286 19,250 19,250 20,500 20,500 11,236 2,797 446 11,236 2,797 446 14,208 30,754 3,289 14,208 30,754 3,289 8,572 26,524 3,310 8,572 26,524 3,310 Total—Administration of foreign affairs .................... 9,617 9,617 321,467 321,467 301,234 301,234 International organizations and conferences...................... International commissions....................................................... Educational exchange.......................... ...................................... Other............................................................................................... Proprietary receipts from the public................................... Intrabudgetary transactions: Foreign service retirement and disability fund: Receipts transferred to civil service retirement and disability fund.............................. ............................. General fund contributions.................................................. Other............. ....................... ..................................................... 2,146 1,096 5,657 12,393 2,146 1,096 5,657 12,393 -611 182,362 11,217 50,039 46,953 182,362 11,217 50,039 46,953 -5,137 168,938 168,938 43,048 26,150 43,048 26,150 -5,023 -13 -11,236 -78 -13 -11,236 -78 -129 -14,208 -467 -129 -14,208 -467 -44 -8,572 -430 Total—State Department ................................................ 19,583 18,972 597,234 592,097 541,335 4,133 48,380 48,380 28,690 -295 1,474 73,342 3,883 4,626 777,905 3,960 -77 4,626 777,905 3,176 -6,482 694,329 3,457 2,188 5,308 State Department: Administration of foreign affairs: Salaries and expenses ........................................................... Intragovernmental funds...................................................... Acquisition, operation and maintenance of buildings abroad....................................................................................... Payment to foreign service retirement and disability fund........................................................................................... Foreign service retirement and disability fund ........... Other............................................................. ..................... .... Transportation Department: Office of the Secretary............................................................. Coast Guard: Trust revolving funds............................................................. Intragovernmental funds ........................ .............................. Other ........................................................................ .. Federal Aviation Administration: Aviation war risk insurance revolving fund.................... Airport and airway: Operations ............................................................................. Facilities and equipment.................................................. Grants-in-aid for airports ............................................. Research, engineering and development .................... Interest on refunds of taxes............................................. Civil supersonic aircraft development—termination.. Federal payment to the airport and airway trust fund .............................................................................. ............ O th e r............. . ........................................ ............................. Total--Federal Aviation Administration.................... -957 $116 116 611 611 4,133 122 1,474 73,342 417 $1,262 1,262 5,137 5,137 $33,122 20,887 $1,293 $33;122 20,887 -1,293 -573,458 1,293 10,033,117 -200 -200 11,011 11,011 5,023 -44 -8,572 -430 5,023 536,312 28,690 -281 -6,482 694,329 -3,414 368 366 529 -1,659 1,894 120,965 42,935 55,059 9,230 120,965 42,935 55,059 9,230 1,178,402 321,742 232,332 66,659 26 6,814 1,078,253 377,800 105,483 58,460 1,078,253 377,800 105,483 58,460 Óij229 ’"91^229 73,397 43,789 1,921,500 646,882 168,755 2,528,756 646,882 168,755 2,523,448 1,293 1,293 1,178,402 321,742 232,332 66,659 26 6,814 24,669 4,102 258,621 24,669 4,102 258,619 73,397 43,789 1,923,688 2,188 T A B L E III— B U D G ET R E C E IP T S A N D O U T L A Y S — Continued (In thousands) 5,308 T A B L E III_ _ B U D G E T R E C E IP T S A N D O U T L A Y S — Continued (In thousands) Classification of OUTLAYS - - Continued Outlays This Month Applicable Receipts Current Fiscal Year to Date Net Applicable Outlays Outlays Receipts Net Outlays Comparable Period Prior Fiscal Year Outlays Transportation Department—Continued Federal Highway Administration: ’Fnrppt and pnKHr. lands highways • • Highway trust fund: yppdprfll-aiH highways. • Right of way revolving fund ............................................ Other .................. Other............................................................................................ 13,191 2,665 $3,191 2,665 $21,282 34,683 $21,282 34,683 494,881 558 Í76 11,038 494,881 558 176 11,038 4,695,558 24^904 1,836 34,120 4,695,558 24,904 1,836 34,120 $11,311 35,267 4,657,134 17,610 3,031 19,152 Total—Federal Highway Administration .................... 512,509 512,509 4,812,384 4,812,384 4,743,505 7,215 3,033 7,215 3,033 46,442 43,097 50j 809 46,442 43,097 50,809 46,986 70,997 12,936 -24 27,225 1,549 29,621 3,802 3,802 1,601 1,601 32,830 105,800 17,616 32,830 105,800 17,616 20,097 77,875 9,630 231,972 382 3,528 6,901 National Highway Traffic Safety Administration: Traffic and highway safety.........| .......... ,,,,,,, find mmmunity highway safpty programs , Highway trust fund share of safety programs , t, Federal Railroad Administration: Alaska Railroad ...................................................................... High-speed ground transportation research and development.............................................................................. Grants to National Railroad Passenger Corporation r. Other............................................................................................ Urban Mass Transportation Administration: Urban mass transportation fund ........................................ Salaries and expenses........................................................... Saint Lawrence Seaway Development Corporation............ National Transportation Safety Hoard................................... Proprietary receipts from the public - ................................. Intrabudgetary transactions ..................................................... Total—Transportation Department................................... Treasury Department: Office of the Secretary: Public enterprise funds.................................................... and PvppntS^tS Federal Law Enforcement Training Center, construction . Other............................................................... ............................ Bureau of Accounts: Salaries and expenses », , , judgprnpntfi $ind rplipf act»S , . Interest on uninvested hinds Eifipnhow^T* Clnllpgp grants Other.......................................................................... ........ Total—Bureau of Accounts.............................................. Bureau of Customs: Salaries and expenses........................ Tntragovernmental funds Other...................................................................... tttti Bureau of Engraving and Printing: IntragovprnmpntaJ funds - - __ , t , , , , , , Other.................. See footnotes on page 3, 2,330 $2,354 $25,677 Applicable Receipts $494 494 Net Outlays $11,311 35,267 4,657,134 17,116 3,031 19,152 4,743,011 46,986 70,997 12,936 30,157 -536 20,097 77,875 9,630 298 231,674 382 -4,128 6,901 -21,897 -902,337 7,531,295 36,735 162 36,573 415,575 516 415,059 394 640 911 -517 640 -2,371 -24,669 875,066 4,274 7,189 8,496 -73,397 8,248,327 -4,221 7,189 -23,639 -73,397 8,183,852 -902,337 7,600,562 -294 2,622 (*) 15,694 -739 15,694 (*) 11,275 343 219 343 219 1,580 1,732 1,580 1,732 2,361 1,133 2,361 1,133 14,405 10,980 784 13 14,405 10,980 784 13 62,422 86,844 6,357 293 72 13 62,422 86,844 6,357 293 72 13 72,614 64,960 5,923 768 1,688 19 72,614 64,960 5,923 768 1,688 19 26,182 26,182 156,000 156,000 145,972 145,972 5,791 5,791 70,122 70,122 17,283 17,283 205,122 205,122 180,523 180,523 8,127 8,127 86,308 86,308 82,788 82,788 -2,643 -2,643 -1,366 82 -1,366 82 1,153 13 1,153 13 -24,669 881,283 2,622 2,371 6,217 294 23,639 64,475 739 7,656 21,897 69,267 838 -838 11,275 CD T A B L E III— B U D G E T R E C E IP T S AN D O U T L A Y S -C o n tin u e d (In thousands) Outlays Applicable Receipts Comparable Period Prior Fiscal Year Current Fiscal Year to Date This Month Classification of OUTLAYS-Continued Net Outlays Outlays Applicable Receipts Net Outlays Outlays Applicable Receipts Net Outlays Treasury Department—Continued Bureau of the Mint: Salaries and expenses . . .................................................... Other................................................................................ Bureau of the Public Debt.................................................. Internal Revenue Service: Salaries and expenses......................................................... Accounts, collection and taxpayer service .................. Compliance ............................................................................. Interest on refunds of taxes ....................................... * .. Payments to Puerto Rico for taxes collected ............. Federal tax lien revolving fund ....................................... $2,738 89 4,380 $2,738 89 4,380 $21,092 1,436 72,464 $21,092 1,436 72,464 $29,275 2,165 69,388 $29,275 2,165 69,388 2,600 41,868 47,916 16,612 9,498 -84 $23 2,600 41,868 47,916 16,612 9,498 -107 34,301 511,880 599,435 175,421 109,344 101 $117 34,301 511,880 599,435 175,421 109,344 -16 30,994 446,123 613,279 182,393 101,493 327 $552 30,994 446,123 613,279 182,393 101,493 -224 Total--Internal Revenue Service................................. 118,410 23 118,387 1,430,481 117 1,430,364 1,374,610 552 1,374,058 1,003 5,886 3,016 -185 10,824 8 67,860 41,133 6,636,369 10,824 8 67,860 -6,069 6,636,369 10,147 430 55,585 37,149 564 10,147 -135 55,585 -4,010 Office of the Treasurer: Salaries and expenses......................................................... Check forgery insurance fund.......................................... U. S. Secret Service .................................................................. Office of the Comptroller of the Currency........................ General revenue sharing......................................................... Interest on the public debt (accrual basis): Public issues ........................................................... Special issues.................... .................................................... 1,740,021 444,323 1,740,021 444,323 18,967,267 5,200,226 18,967,267 5,200,226 17,077,687 4,771,120 17,077,687 4,771,120 Total--Interest on the public debt............................... 2,184,344 2,184,344 24,167,493 24,167,493 21,848,807 21,848,807 Proprietary receipts from the public................................. Interest and dividends from Export-Import Bank of the United States ...................................................................... Intrabudgetary transactions................................... ................. 1,003 5,886 3,460 -185 444 47,202 41,159 89,895 -89,895 579,744 -579,744 467,800 -467,800 39,317 -39,317 -125,235 -1,251,701 123,406 -123,406 -1,251,701 -1,122,779 95,073 -95,073 -1,122,779 2,252,813 129,972 2,122,841 31,732,734 751,208 30,981,526 22,729,995 605,987 22,124,008 Atomic Energy Commission......................................... .. 209,680 10 209,670 2,393,484 475 2,393,009 2,392,374 415 2,391,960 Environmental Protection Agency: Revolving fund for certification and other services. . . . Other ............................................................................................. 36 188,541 174 56 -138 188,485 846 1,112,562 636 97 209 1,112,466 292 763,039 341 89 -49 762,950 General Services Administration: Real property activities: Intragovernmental funds ..................................................... Construction, public buildings projects........................ Operating expenses, public buildings service.............. Repair and improvement of public buildings................ Sites and expenses, public buildings projects........... Other ...................................................................... 37,531 16,057 4,648 4,700 900 981 37,531 16,057 4,648 4,700 900 981 447 174,160 465,688 73,482 23,930 9,458 447 174,160 465,688 73,482 23,930 9,458 -3,052 108,752 418,079 88,168 25,513 8,427 -3,052 108,752 418,079 88,168 25,513 8,427 64,818 64,818 747,166 747,166 645,886 645,886 -13,433 6,213 -13,433 6,213 38,475 94,372 38,475 94,372 -55,583 89,047 -55,583 89,047 Total—Treasury Department................................... Total—Real property activities................................... Personal property activities: Intragovernmental funds.................................................... Other.................................................... .................................... TABLE -125,235 III— B U D G E T R E C E IP T S AN D O U T L A Y S —Continued (In thousands) TABLE Classification of O U T LA YS—Continued General Services Administration--Continued Records activities: National Archives trust fund............................ Other........................................ .................................. Automated data and telecommunications activities Property management and disposal activities: Public enterprise funds.............................................. Intragovernmental funds ............. .............................. Other............................ .......... ........................................ General activities: Public enterprise funds ........... .................................. Intragovernmental funds............................................ Other.............................................................................. Proprietary receipts from the public........................ Intrabudgetary transactions............. ............................ III__B U D G E T Applicable Receipts Outlays Net Outlays Outlays Applicable Receipts Applicable Receipts Outlays 5,459 -#873 29,017 8,635 179 -128 1,640 20,608 -257 31,294 (*) 28 -28 -257 31,294 1,014 -1,014 -1,717 2,590 -486,536 -697 -1,357 1,539 -10,304 1 1,082 146,920 -1,081 -1,357 1,539 -146,920 -10,304 153,488 13,112 589,016 3,421,730 416,760 417,753 319,870 -245,838 -54,057 -85,038 8,061,052 2,228,900 93,652 177 11,002 81,213 720,074 495,549 8,630 478,114 2,159 -8,630 -478,114 -2,159 -49 -2,435 10,710,469 50 146 -3,447 51 1,640 20,608 2,011 2,011 68,491 286 -68,491 -181 -1,717 2,590 -697 69,297 2,528 2,564 306,022 941,817 3,329,082 493,362 448,455 13,384 3,315,698 742,504 3,434,842 7,035 22,280 17,599 702,109 207,019 30,365 78,737 42,804 -23,330 -56,458 -25,205 702,109 207,019 123,406 412,123 227,068 9,294,602 2,512,121 364,531 561,231 287,680 -241,125 -149,108 -60,612 9,294,602 2,512,121 170,921 363,696 234,832 8,061,052 2,228,900 5,989 50,969 49,114 816 7,831 15 5,173 43,137 49,098 76,451 610,167 526,153 10,198 91,280 171 66,253 518,887 525,981 92,215 813.726 495.726 783 38,569 167 -783 -38,569 -167 7,963 486,697 1,995 -7,963 -486,697 -1,995 286 -181 308,550 -4 -171 -4 -171 -50 -2,379 486,536 -50 -2,379 -49 -2,435 1,061,938 200,087 861,851 13,779,663 1,811,746 11,967,917 12,458,584 1,748,116 15,362 37 143 15,218 37 151,310 364 3,226 295 151,015 364 3,222 129,225 418 3,369 9,006 339 68 1,885 (*) 81 4,970 1,619 68 1,885 81 14 4,970 1,619 -14 8,686 Net Outlays #4,586 29,017 8,635 50 146 -3,447 -2 Net Outlays 32,296 2,396 5,634 #805 Comparable Period Prior Fiscal Year Current Fiscal Year to Date #4,636 32,296 2,396 National Aeronautics and Space Administration, Total—Veterans Administration . . . (In thousands) -#388 2,646 12,335 #417 2,646 12,335 71,861 Other independent agencies: Action ................................. ............................................... Administrative Conference of the United States ., American Battle Monuments Commission............. Arms Control and Disarmament Agency ............... Cabinet Committee on Opportunities for SpanishSpeaking People................................. .......................... Central Intelligence Agency—Construction........... Civil Aeronautics Board: Payments to air carriers........................................ Salaries and expenses............................................. Proprietary receipts from the public.................. See footnotes on page 3. AIMD O U T L A Y S —Continued This Month Total—General Services Administration. Veterans Administration: Public enterprise funds: Direct loan revolving fund..................................... Loan guaranty revolving fund.............................. Other............................................................................ Compensation, pensions, and benefit programs. Medical care .................................................................. Benefits, refunds and dividends: Government life insurance fund........................... National service life insurance fund. . . . . . . . . Other......................................................................... Proprietary receipts from the public: Government life insurance fund.......................... National service life insurance fund.................. Other . . ; . . . . . . ........................................................ Intrabudgetary transactions: Payments to veterans life insurance funds: Government life insurance fund...................... National service life insurance fund............. R E C E IP T S 4 Ü 8 ,6 8 6 930 930 72,223 14,325 72,223 14,325 -132 132 128,886 418 3,367 9,002 862 862 10 10 62,977 13,215 62,977 13,215 -104 104 (0 IO o T A B L E III— B U D G E T R E C E IP T S AND O U T L A Y S —Continued (In thousands) Applicable Receipts Outlays Other independent agencies—Continued Civil Service Commission: Payment to civil service retirement and disability fund........... ............................................... ........................... Government payment for annuitants, employees health benefits.............................................. ..................... Civil service retirement and disability fund............. Employees health benefits fund ..................................... Employees life insurance fund....................................... Retired employees health benefits fund...................... Federal Labor Relations Council.................................. Other.................... .............. ................................................... Proprietary receipts from the public.......................... Intrabudgetary transactions: Civil service retirement and disability fund: Receipts transferred to foreign service retirement and disability fund............................ General fund contributions................................... . -1,023,011 Total—Civil Service Commission................... 602,111 Commission of Fine Arts .................................................. Commission on Civil Rights ................................... .. Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped.................. Consumer Product Safety.................................................... Corporation for Public Broadcasting.............................. District of Columbia: Federal payment................................................................. Loans and repayable advances..................................... . Emergency Loan Guarantee Board................................. . Equal Employment Opportunity Commission............... Export-Import Bank of the United States. . . . . . . . . . . . Farm Credit Administration: Public enterprise funds......... ........................................ Proprietary receipts from the public........... ............ Federal Communications Commission.......................... Federal Deposit Insurance Corporation............ .......... Federal Field Committee for Development Planning in Alaska........... ................................................................... Federal Home Loan Bank Board: Public enterprise funds: Federal Savings and Loan Insurance Corp. Fund Other ................................................................................. Interest adjustment payments...................................... Federal Maritime Commission....................................... Federal Mediation and Conciliation Service................ Federal Metal and Nonmetallic Mine Safety Board of Review........... I ....................................................................... Federal Power Commission........................ ..................... Federal Trade Commission.............................................. Foreign Claims Settlement Commission...................... Historical and Memorial Commissions ........................ Indian Claims Commission................................................ See footnotes on page 3. 10 431 12 m Net Outlays 11,023,011 383,689 181,058 27,688 2,254 50 7,915 383,689 82,702 -7,383 2,212 50 7,915 -691 691 134,160 ......... i 455 1,457 3,286 6,484 1 2 6,651 109 -2,402 3,078 213 454 809 3 1,814 2,249 88 760 121 64,570 2,334 (*) - 1,866 1 -1 ■ $1,569,581 11,161,416 $1,161,416 137,608 4,523,297 1,426,151 340,702 13,877 620 80,058 137,608 4,523,297 19,274 -151,072 -1,767 620 80,058 -1,224 109,568 3,777,847 1,239,737 371,375 14,403 559 60,290 109,568 3,777,847 -54,089 -116,113 -1,663 559 60,290 -5,541 -1,569,581 -3,528 -1,161,416 4,601,252 5,570,251 128 3,637 11,406,878 491,775 15,644 1,224 6,516,773 10 431 143 4,620 143 4,620 12 140 140 1,915,521 20 20 35,000 35,000 14,566 35 2,508 185,574 175,532 -860 28,148 51,661 1,729 1,002 5,513 5,633 -1 3,283 -167 33,888 97,142 109 -12 -66,972 745 213 453 809 -59,465 28,975 2,988 5,385 10,641 3 3,680 2,247 88 761 37 22,473 26,628 768 7,066 1,060 121 Net Outlays n,569,581 467,950 - Applicable Receipts Outlays -5,541 -1,569,581 20 10,000 Net Outlays -1,023,011 20 24,566 35 2,509 Applicable Receipts Outlays ,023,011 198,356 35,072 42 Comparable Period Prior Fiscal Year Current Fiscal Year to Date This Month Classification of OUTLAYS—Continued 2 2 55,778 634,165 195,653 26,273 5,103 (*) L,293,826 487,488 16,066 -6 -3,528 -1,161,416 1,797,386 (*) 3,772,865 128 3,637 35,000 35,000 177,740 185,858 -1,242 20,796 153,074 114,357 177,740 137,218 -1,796 20,795 738,718 4,840 5,143 -303 -21,890 -537,023 28,515 118,377 17 551,157 28,498 -432,780 -12 48 -255,119 2,702 2,988 5,357 10,641 40,481 26,995 189,307 29,066 5,162 .. ¿2 B 37 22,460 26,613 768 1,963 1,060 47 21,362 24,556 632 1,861 1,044 185,574 123,871 -2,589 28,146 -120 -2 10,011 48,640 555 1 2 -2 48 15 14 (*) (*) 1,205 -148,826 -2,071 5,151 10,011 47 21,347 24,542 631 656 1,044 E C la s s if ic a t io n o f O U T L A Y S — C o n tin u e d Other independent agencies—Continued Intergovernmental agencies: Advisory Commission on Intergovernmental Relations . ............................................................................ Appalachian Regional Commission: Salaries, expenses, and other.............................. Intrabudgetary transactions......................................... Delaware River Basin Commission................................. Interstate Commission on the Potomac River Basin. Susquehanna River Basin Commission........................... Washinton Metropolitan Area Transit Authority......... International Radio Broadcasting...................... ................ Interstate Commerce Commission ...................................... National Capital Planning Commission............................ National Commission on Libraries and Information Science....................................................................................... National Council on Indian Opportunity............................. National Credit Union Administration: Public enterprise funds......... ......................................... Proprietary receipts ......................................... ................. National Foundation on the Arts and the Humanities. . . National Labor Relations Board............................................ National Mediation Board....................................................... National Science Foundation .................................................. Occupational Safety and Health Review Commission... Postal Service............................................................................ President’ s Council on Youth Opportunity....................... Railroad Retirement Board: Payment for military service credits ....................... ... Railroad retirement accounts: Administrative expenses................................................ Benefit payments, e tc..................................................... Interest on refunds of taxes ...................... Payment to railroad unemployment ins. account.. Proprietary receipts from the public............................. Intrabudgetary transactions: Railroad retirement accounts: Payment for military service credits.. . . . . . . . . Payment from railroad retirement supplemental receipts transferred to railroad unemployment insurance account.................................................... .. Interest on advances to railroad unemployment insurance account........................................................... Total—Railroad Retirement Board............... Renegotiation Board.................................................................. Securities and Exchange Commission........... ................... Selective Service System........................................................ Small Business Administration: Public enterprise funds: Business loan and investment fund............................. Disaster loan fund.............................................................. Lease guarantees revolving fund................................. Other...................... ................................................................... Proprietary receipts from the public...........................! Intrabudgetary transactions.......................................... Total—Small Business Administration................ See footnotes on page 3. ri“ -B U D G E T I R E C E ÎP T s T W B OU' Current F isc a l Year to Date This M o n t h Applicable Receipts Outlays ^S--Contmuediinthôu! Net Outlays Applicable Receipts Outlays $98 3,973 -1,401 283 34 1,181 4,100 102 75,825 38,520 44,915 1,302 269 219 901 7,851 3,975 230 42,874 328 1,005,439 958 ..H 9 ........... 15 *852*608 1,936 218,144 -701 45,567 69,598 148 1,691 117,003 7,851 3,966 230 42,858 328 153,431 *65,668 48,414 2,814 582,665 3,933 11,445,818 (*) m i (*) 25,654 9,474 471 35,601 $741 $741 2,349 -1,089 246 (*) 1,480 -1,089 246 421 180 116 83,995 32,000 59,678 981 20 44,283 1,302 116 83,995 32,000 60,099 1,161 269 219 92 300 20 92 300 (*) 22,611 -10,852 9,744 10,017,244 *65,667 48,275 2,814 582,486 3,933 81,428,574 6 6 44,022 47,467 2,440 566,620 837 12,755,106 81 21,645 21,645 20,757 20,757 20,163 2,419,033 17 5,572 20,163 2,419,033 17 5,572 19,721 2,107,479 7 19,721 2,107,479 7 11,888 11,888 -21,645 -21,645 -20,757 -20,757 -5,572 -5,572 -701 -2,166 -2,166 -3,717 -3,717 219,380 2,437,047 2,437,046 2,123,490 2,123,489 354 2,591 4,836 4,721 29,865 78,988 4,719 29,850 78,974 4,678 25,889 74,867 4,677 25,883 74,846 19,913 60,124 -324 1,691 469,237 1,271,949 2,551 163,379 1,163,295 -1,685 442,833 372,302 1,153 21,095 (*) (*> 354 2,592 4,837 11,759 1,936 218,144 m 219,380 -57 $946 387520 (*) Net Outlays 2,792 -1,401 283 34 75,825 632 Applicable Receipts Outlays 221 221 4,103 102 Comparable Period P rio r F is c a l Year Net Outlays ....¡S 20,686 -1 305,857 108,654 4,236 -2 .s .. ÍÓ 81,402 1,764,422 418,758 20,686 -10 - (*) 1 147 ..............585 ÍÓ,*982,*78Í 837,383 -9,616 m 44,022 47,320 2,440 566,035 837 1,772,326 81 -1 11,888 (*) 1,345,664 19,360 - 300,760 83,095 1,897 11,888 .. Í6 142,073 289,207 -744 21,095 -16 385,767 451,616 ro I» IO T A B L E M I -B U D G E T R E C E IP T S AN D O U T L A Y S -C o n tin u e d (In thousands) Current Fiscal Year to Date This Month Classification of OUTLAYS-Continued Applicable Receipts Outlays Other independent agencies—Continued Smithsonian Institution...................................................... Subversive Activities Control Board............................. Tariff Commission......................................................... .... Temporary Study Commissions...................................... Tennessee Valley Authority: Tennessee Valley Authority fund...................... Proprietary receipts from the public...................... M Net Outlays Applicable Receipts Outlays Comparable Period Prior Fiscal Year Net Outlays Applicable Receipts Outlays Net Outlays $70,464 338 5,579 10,725 $11 $70,453 338 5,579 10,725 $57,931 421 5,126 10,831 $16 $57,915 421 5,126 10,831 00 $5,742 35 472 627 109,903 $57,210 4 52,694 -4 1,130,472 763,026 26 367,446 -26 1,086,152 637,999 130 448,153 -130 Total—Tennessee Valley Authority...................... 109,903 57,214 52,690 1,130,472 763,052 367,420 1,086,152 638,129 448,023 United States Information Agency: Salaries and expenses.................................................. .. Construction of radio facilities.................................... Other............... . ................................................................... Proprietary receipts from the public...................... 21,826 134 469 198,512 2,388 5,574 403 198,512 2,388 5,574 -403 190,905 3,218 4,191 48 21,826 134 469 -48 418 190,905 3,218 4,191 -418 22,382 206,474 403 206,071 198,314 418 197,896 -10 529 8,664 -1 ,8 0 9 923 7,741 -1,809 6,762 -1,333 534 6,228 -1,333 1,057,668 25,451,394 14,117,194 11,334,200 24,685,115 14,766,562 9,918,552 -30 -30 -24 -24 $5,743 35 472 627 Total—U. S. Information Agency........................... 22,430 48 Water Resources Council: Planning expenses and other........................................ Intrabudgetary transactions...................... . ................. 615 86 -10 Total—Other independent agencies...................... 2,221,180 Undistributed intrabudgetary transactions: Federal employer contributions to retirement and Social insurance funds: Legislative Branch: United States Tax Court: Tax court judges survivors annuity fund......... The Judiciary: Judicial survivors annuity fund............................... Health, Education, and Welfare Department: Federal old-age and survivors insurance trust fund............................................................................... Federal disability insurance trust fund................ Federal hospital insurance trust fund.................. State Department: Foreign service retirement and disability fund. Other independent agencies: Civil Service Commission: Civil service retirement and disability fund . Subtotal.................................................................... Interest credited to certain Government accounts: The Judiciary: Judicial survivors annuity fund................................. Defense Department: Civil: Soldiers* and Airmen's Home permanent fund.. See footnotes on page 3. H S H 1,163,512 (*) (*) (*) -63 -63 -743 -743 -707 -707 -56,000 -7,000 -13,000 -56,000 -7,000 -13,000 -615,000 -80,000 -615,000 -80,000 121,000 -579,000 -78,000 -85,000 -579,000 -78,000 -85,000 -759 -759 -8 ,7 9 8 -8 ,7 9 8 -8 ,1 2 8 -8 ,1 2 8 -173,254 -173,254 -2,100,924 -2,100,924 -2,017,590 -2,017,590 -250,076 -250,076 -2 ,9 2 6 ,4 9 5 -2,926,495 -2 ,7 6 8 ,4 4 9 -2 ,7 6 8 ,4 4 9 -9 -9 -360 -360 -302 -302 -766 -766 -3,101 -3,101 -3 ,2 0 7 -3 ,2 0 7 B U D G E T R E C E IP T S - 121,000 - A N D O U T L .A Y S - Cdntïïmed (In thousands) 1 AÜLÉTTP ^ ^ ^ Í^ ^ W ^ O U T lS Y S Í ^ o m T H ü S ^ T r R h S ü s S f fa s r Applicable Receipts Outlays Undistributed intrabudgetary transactions—Continued Interest credited to certain Government acc ounts—Continued Health, Education, and Welfare Department: Federal old-age and survivors insurance trust fund , Federal disability insurance trust fund........................ . Federal hospital insurance trust fund...................... Federal supplementary medical insurance trust fund Interior Department: Indian tribal funds................................................................. Labor Department: Unemployment trust fund................................... ................ State Department: Foreign service retirement and disability fund........... Transportation Department: Highway trust fund.......................... ...................................... Veterans Administration: Government life insurance fund....................................... National service life insurance fund................. ............ Civil Service Commission: Civil service retirement and disability fund.......... ... Railroad Retirement Board: Railroad retirement accounts ................................... ....... Other........... ; .................................................................................. Subtotal ................................................................................. Total—Undistributed intrabudgetary transactions Total outlays........................ .................................... .... . Comparable Period P rior F isca l Year Current F isca l Year to Date This Month Classification of O U TLAYS—Continued Net Outlays Outlays Applicable Receipts Net Outlays Outlays Applicable Receipts Net Outlays -$792,167 -204,182 -83,810 -17,173 -$792,167 -204,182 -83,810 -17,173 -$1,847,842 -434,739 -197,689 -43,070 -$1,847,842 -434,739 -197,689 -43,070 -$1,718,114 -388,438 -189,756 -28,942 -$1,718,114 -388,438 -189,756 -28,942 -264 -264 -14,270 -14,270 -8,369 -8,369 -166,014 -166,014 -487,330 -487,330 -496,121 -496,121 -1,389 -1,389 -2,986 -2,986 -2,806 -2,806 -205,630 -118,532 -246,740 -246,740 -205,630 -15,247 -147,082 -15,247 -147,082 -714,753 -99,144 -714,753 -99,144 -31,053 -308,959 -1,566,219 -31,614 -292,242 -1,464,486 -31,614 -292,242 -1,464,486 (*> -31,053 -308,959 -1,566,219 -261,606 -492 -261,606 -492 -257,764 -1,275 -257,764 -1,275 -2,360,529 -2,360,529 -5,446,456 -5,446,456 -118,532 (*> -2,610,605 24,597,148 5,705,575 -2,610,605 20,891,573 -8,372,951 288,970,475 -8,372,951 246,603,359 (Net Totals) (Net Totals) TOTAL BUDGET $42,367,116 -5,089,065 -7,857,514 265,713,255 $33,837,401 -5,089,065 -7,857,514 231,875,854 (Net Totals) Receipts (+) ............. ....................................................................... 28,503,506 232,191,842 208,648,559 Outlays (-)........................................................................ .............. -20,891,573 -246,603,359 -231,875,854 Budget surplus (+) or deficit (-) ............................................... +7,611,934 -14,411,517 -23,227,295 MEMORANDUM Receipts offset against outlays (In thousands) Current Fiscal Year to Date Comparable Period Prior Fiscal Year Proprietary receipts ........................................................ $9,626,795 Interest and dividends from Export-Import Bank of the United States.................................................................... 123,406 Intrabudgetary transactions....................................................... 23,111,902 $4,428,138 95,073 14,979,596 Total receipts offset against outlays 32,862,103 19,502,807 IS) CO 24 T A B L E IV— M E A N S O F FINANCING (In thousands) Classification (Assets and Liabilities Directly Related to the Budget) Net Transactions (-) denotes net reduction of either liability or asset accounts Fiscal Year to Date This Month This Year Prior Year Account Balances Current Fiscal Year Beginning of Close of This Year This Month This Monti LIABILITY ACCOUNTS Borrowing from the public: Federal securities: Public debt securities........................................................ .. Agency securities: Defense Department: Family housing mortgages........... .................................. Homeowners assistance mortgages............................ Housing and Urban Development Department: Federal Housing Administration.................................. Government National Mortgage Association............. Transportation Department: Coast Guard: Family housing mortgages......................................... Treasury Department: Federal Farm Mortgage Corp. liquidation fund.. Other Independent agencies: Export-Import Bank of the United States.................... Federal Home Loan Bank Board: Federal Home Loan Bank Board revolving fund.. Home Owners' Loan Corporation fund................. .. Postal Service..................................................................... Tennessee Valley Authority............................ ............... Total agency securities................................................ 1803,193 130,881,144 129,130,716 $427,260,461 $457,338,412 1458,141,60j -10,542 -252 -102,696 -1,619 -96,054 1,573 1,583,599 4,303 1,491,445 2,935 -1,172 -42,120 -440,000 -32,748 -1,085,000 453,770 4,920,000 412,822 4,480,000 1,480,1 2,684 411,650 4,480,1 -164 -143 2,792 2,628 2,621 65 2,221,056 -4 -19 -1 84 69 -320 402,401 -806,241 1,818,655 2,221,376 -2 -241 -4 5,152 207 250,000 1,855,000 4,911 206 250,000 2,175,000 80,000 400,000 -241 -16 250,000 499,700 67,708 215,539 -1,269,170 10,893,562 11,041,393 Total Federal securities.............................................. 870,902 31,096,683 27,861,547 438,154,023 468,379,805 4,91 201 250,000 2,255,1 11,109,10] 469,250,id Deduct: Federal securities held as investments of Government accounts (See Schedule B )....................... Non-interest-bearing public debt securities held by International Monetary Fund............................ 3,239,686 11,821,392 8,419,740 113,559,439 122,141,146 125,380,83] 825,000 825,000 825,001 Total borrowing from the public.......................... -2,368,784 19,275,291 19,441,806 323,769,584 345,413,659 Accrued interest payable on public debt securities.................. -1,305,192 231,143 252,415 2,641,612 4,177,947 343,044,81] 2,872,15] -652,571 906,826 495,692 2,490,606 4,539,334 2,490,606 4,108,662 2,490,1 -221,900 975,497 -2,299,076 3,652,990 9,902,794 6,628,222 7,603,Tlj -2,920,379 16,554,788 24,749,729 343,343,929 362,819,096 359,898,11] 4,398,128 2,431,660 1,668,473 11,309,647 9,343,179 13,741,30] -8,181 710,921 1,957,632 -400,000 1,949,450 -400,000 1,949,45] -400,00] -8,181 710,921 1,557,632 1,549,450 1,549,451 360,186 -1,301,168 50,000 1,078,832 -988,467 3,687,761 515,533 2,026,408 565,533 4,758,314 1,172,311 2,469,759 17,070,573 13,484,570 2,386J 565^ 18,242,881 24,855 756,783 349,731 2,174,775 2,906,703 2,93h55j 4,783,169 1,929,094 2,819,490 19,245,348 16,391,272 +21,930,240 +324,098,582 +346,427,823 21,174^ +338,724^ Deposit funds: Allocations of special drawing rights...................................... Other................................................................................................... Miscellaneous liability accounts (includes checks outstanding etc.)............................................................................... Total liability accounts........................................... ASSET ACCOUNTS (Deduct) Cash and monetary assets: Within general account of Treasurer, U. S............................. With other Government officers: Special drawing rights: Total holdings......................................... ............................... Certificates issued to Federal Reserve Banks............. Balance............................................................................... Other............................................................................................... With International Monetary Fund............................................. Total cash and monetary assets...................... Miscellaneous asset accounts........................................................ Total asset accounts........................................... Excess of liabilities (+) or assets (-)......................................... . -7,703,548 +14,625,694 TRANSACTIONS NOT APPLIED TO CURRENT YEAR'S SURPLUS OR DEFICIT (Add) Seigniorage.......................................................................................... Increment on gold.............................................................................. Off-budget Federal agencies:9 Net receipts or outlays (-).......................................................... Total....................................................................... Total budget financing [Financing of deficit (+) or disposition of surplus (-)]........................................................ See footnotes on page 3. 3,886,76] 32,061 395,133 580,591 861,698 363,071 395,1» 59,553 -609,309 -145,234 -668,862 -609,301 91,614 -214,177 1,297,056 -305,791 -214,It +346,122,033 +338,510,09 -7,611,934 +14,411,517 +23,227,295 +324,098,582 25 TABLE IV—SCHEDULE A -AN ALYSIS OFCHANGE IN EXCESS OF LIABILITIES (In thousands) Classification loseof s Month Excess of liabilities beginning of period: F Based on composition of unified budget in preceding period . . I Adjustments during current fiscal year for changes in I composition of unified budget „ „ .. ... ............................ ................. « , 141,605 1 , 480,903 2,08| 411,650 4 , 480,000 2,691 63 2 , 221,051 This Month Fiscal Year to Date This Year Prior Year 1346,427,823 1324,098,582 1302,168,342 Excess of liabilities beginning of period (current basis).............. 346,427,823 324,098,582 302,168,342 Budget surplus (-) or deficit: I Based on composition of unified budget in prior fiscal year *. I Adjustments during current fiscal year for changes in I composition of unified budget .......................................................... -7,611,934 14,411,517 23,227,295 Budget surplus (-•) or deficit (Table m ).................... .. -7,611,934 14,411,517 23,227,295 -110,456 50,904 -32,061 549,515 6 59,794 -395,133 -1,442,290 [Transactions not applied to current year's surplus or deficit: I Off-budget Federal agencies: Export-Import Bank of the United States......................... Rural Electrification and Telephone revolving fund. I Other................................. ...................................... 145,234 Total....................................................................................................... -91,614 214,177 -1,297,056 Excess of liabilities close of period....................... ............................ 338,724,276 338,724,276 324,098,582 Bee footnotes on page 3. 26 TA B LE IV—SCH ED U LE B -IN V E S T M E N T S OF GO VERN M ENT ACCOUNTS IN FEDERAL SECURITIES (In thousands) Net Purchases or Sales (-) Classification This Month Fiscal Year to Date Prior Year This Year Legislative Branch: Library of Congress.................................................. United States Tax Court............................................. -111 The Judiciary: Judicial survivors annuity fund...................................... Agriculture Department: Public debt securities......................................... ............... Agency securities................................................! ! ! ! ! 49 914 895 7,234 -640 1,616 59,215 38,526 952 7,232 53,215 47,736 775 1,877,346 -50,000 983,898 -50,000 -145,898 ’ *220*648 32,647,577 555,000 7,011,654 34,619,243 555,000 7,516,057 2,833,958 50,000 478,075 179 3,679,574 50,000 707,922 82 6,000 - 6,002 Commerce Department........................................................... Defense Department . . . ......................................... Health, Education, and Welfare Department: Federal old-age and survivors ins. trust fund: Public debt securities................................ Agency securities.....................................! ! ! ! ! ! ! ! ! ! ! Federal disability insurance trust fund: Public debt securities.................................................... Agency securities ................ \[ Federal hospital insurance trust fund Public debt securities..................................................... Agency securities ............................................................. Federal supplementary medical ins. trust ’fund* !" ! Other............................................................... .......................... Housing and Urban Development Department: Community Development Planning and Management: New Communities Guarantee fund.. . . . . . . . . . . . . . Federal Housing Administration: Federal Housing Administration fund: Public debt securities.................................... Agency securities......................................... ! ! . ! ! ! ! Housing Management: Community disposal operations fund: Public debt securities.................................... Agency securities ...................................... ! ! ! ! ! ! ! ! Rental housing assistance fund ................ . . Government National Mortgage Association: Participation sales fund: Public debt securities..................... ............... Agency securities ......................................................... Guarantees of Mortgage-Backed Securities . . . . . . Management and liquidating functions fund: Agency securities ......................................................... Special assistance functions fund: Agency securities.................. ............... .. Federal Insurance Administration: s National Insurance development fund......................... Interior Department: Public debt securities ......................................................... Agency securities......... ......................................................... 111 48 6,386 - Securities Held as Investments Current Fiscal Year Beginning of Close of This Year This Month T his Month 301 326,380 2,298,046 287,172 791,575 492,791 ’ *-8,"291 1,338,407 ” 221,’ 556 -97 1,735 3,511 2,602 4,827 6,603 40,006 -9,029 115,514 -6,549 1,098,371 206,027 1,138,300 197,026 154 388 2,743 388 7,571 599,950 98,475 3,421 50,352 97,371 75,160 844,092 112,460 7,644 48,172 91,933 80,986 876 739 1,000 33,024 7,665 438 176 277,167 21,650 4,661 -2,316 -6,839 5,826 -295,193 93,475 2,776 39 -24,685 - 1,000 53,21- 77 34,945,6 555, 7 ,803,2? 4 ,172,36 50, 1 , 138,37 877,11 120, if 90,56 Labor Department Unemployment trust fund: Public debt securities........................................... .. Agency securities......... ................................................... O ther.................. ....................................................................... 552,694 ......... -9 1,144,212 ...........-42 -1,328,370 - 100,000 -9 9,812,535 .............73 10,404.053 .............. 40 State Department: Foreign service retirement and disability fund . . . . Other.......................................................................................... 11,192 -40 5,993 60 6,108 58,569 130 53,370 230 64,56; Transportation Department Highway trust fund........................... .......................... O ther............................................................................ .. 61,221 1,093,670 13,751 4,456,381 32 2,614,708 1,157 5,488,830 23 2,954,406 2,482 5 , 550,05} Treasury Department................................................................ General Services Administration. . . . . . . . . . . . . . . . . . . 821,513 -3 1,200,525 -527 See footnotes on page 3, (*) -1 0 353,449 1,325 10,956,74 199 2,968,151 2r TA B LE IV—SCH ED ULE B--INVESTMENTS OF GOVERNM ENT ACCO U N TS 27 IN FEDERAL SECURITIES—Continued (In thousands) Securities Held as Investments Current Fiscal Year Net Purchases or Sales (-) Classification This Month veterans Administration: Veterans reopened insurance fund.................................. IVeterans special life insurance fund............................. Government life insurance fund....................................... National service life insurance fund: , Public debt securities............................................... i Agency securities............................................................. Other........................................................................................ ther independent agencies: I Civil Service Commission: Civil service retirement and disability fund: Public debt securities............................................... Agency securities........................................................ Employees health benefits fund.................................. Employees life insurance fund.................................... I Retired employees health benefits fund.................. Emergency Loan Guarantee Board.................. ............. Federal Deposit Insurance Corporation....................... I Federal Savings and Loan Insurance Corporation: , Public debt securities .................................................... . I Agency securities......... ..................................................., National Credit Union Administration: I National credit union share insurance fund............. Postal Service: j Public debt securities .................................... . . , Agency s e c u r it ie s ...................................................... !Railroad Retirement Board: Public debt securities ................................................ Agency securities............................................. ................. Other............................................................... Fiscal Year to Date This Year Prior Year Beginning of This Year This Month Close of This Month 18,531 3,524 9,249 $32,787 31,610 -26,895 $31,207 27,998 -41,618 $220,206 321,028 716,600 $244,462 349,114 680,456 $252,993 352,638 689,705 135,085 272,281 -5ÓÓ *-ÌÌ* 3 6 Ì 87,194 -25,000 11,360 6,155,084 310,000 12,790 6,292,280 310,000 1,929 6,427,365 310,000 1,429 3,197,590 3,040,753 27,293,189 375,000 206,153 1,091,126 31,081 1,085 5,098,506 28,773,029 375,000 248,738 1,232,657 36,381 4,315 5.638.677 30,490,779 375,000 188,607 1,242,782 36,381 4,315 5,635,829 2,648,384 143,550 2.839.678 141,950 2,906,576 141,950 1,717,750 léÓ*Ì3Ì - 100,000 ‘ *‘ -17*546 151,656 5,300 3,230 537,323 60,205 118,852 2,961 1,085 437,838 66,898 258,192 -1,600 147,642 -100 10,904 9,912 16,185 27,189 27,089 -423,146 -27,910 -180,898 -99,410 1,265,811 104,410 1,265,811 104,410 1,508,059 32,910 1,084,913 5,000 15,701 24,125 -110,078 6*580 “ *34,‘ 740 30*400 4,534,777 50,000 98,480 4,543,201 50,000 126,640 4,558,902 50,000 133,220 Total public debt securities . . . . ............. Total agency securities..................................................] 3,261,496 -21,810 11,924,936 -103,544 8,571,456 -151,716 111,459,652 2,099,787 120,123,092 2,018,053 123,384,588 1,996,243 Grand Total............................................................... 3,239,686 11,821,392 8,419,740 113,559,439 122,141,146 125,380,831 10,125 -2,848 MEMORANDUM ¿vestments in securities of privately owned povernment-sponsored enterprises: J Milk market orders assessment fund.............................. ^vestments in non federal debt securities of Farmers Home Administration: IPostal Service.......................................................................... Total................ -173 -173 28 T A B L E V -C O M P A R A TIV E S T A T E M E N T OF BUDGET RECEIPTS AND O UTLAYS BY M ONTHS OF CURREN T FISCAL YEAR (In millions) (F ig u re s are rounded in m illio n s of d o lla rs and m ay not add to totals) Classification July Aug. Sept. Oct. Nov. Dec. Jan. RECEIPTS Individual income taxes.................................. .. $7,355 $8,380 $11,005$7,595 $8,613 $8,206 $12,897 Corporation income taxes.................................. 1,071 665 4,965 965 559 5,632 1,382 Social insurance taxes and contributions: Employment taxes and contributions.......... 3,728 5,367 3,674 3,239 4,044 2,606 3,972 Unemployment insurance.............................. 260 1,175 174 93 62 209 637 Contributions for other insurance and retirement...................................................... 340 289 307 301 311 288 276 Excise taxes........................................................ 1,442 1,351 1,327 1,387 1,452 1,286 1,437 Estate and gift taxes.......................................... 334 423 316 409 487 364 396 Customs................................................................ 289 237 278 237 281 284 234 244 Miscellaneous...................................................... 492 266 295 343 383 276 Total--receipts this year...................... 15,207 18,213 22,183 14,738 16,748 18,972 21,130 T o ta l—re c e ip ts p r io r y ea r TT.................................................... 1 3 ,2 2 1 OUTLAYS Legislative Branch.............................................. The Judiciary...................................................... Executive Office of the President.................... Funds appropriated to the President: International security assistance................ International development assistance.......... Other.................................................................. Agriculture Department: Foreign assistance, special export programs and Commodity Credit Corporation Other.................................................................. Commerce Department...................................... Defense Department: Military: Department of the Army............................ Department of the Navy.............................. Department of Air Force.......................... Defense agencies........................................ Civil defense................................................ Allowances undistributed.......................... Total Military.......................................... Civil.................................................................. Health, Education, and Welfare Department: Social and Rehabilitation Service................ Federal old-age and survivors insurance trust fund........................................................ Federal disability insurance trust fund. . . . Federal hospital insurance trust fund........ Federal supplementary medical insurance trust fund...................................... Other.................................................................. 1 5 ,6 4 1 1 9 ,7 1 9 1 2 ,4 5 0 1 4 ,9 3 3 1 7 ,2 1 6 1 7 ,6 0 5 35 13 6 -170 74 88 48 13 6 80 90 128 37 39 14 15 4 5 61 88 72 97 124 116 47 17 4 118 143 107 56 16 5 157 101 108 47 14 6 117 125 139 2,433 255 89 831 700 147 177 520 224 562 103 115 285 395 100 86 220 -15 1,277 114 128 Feb. March April May June $8,067 $3,409 $11,587 $3,825 $12,321 923 8,739 672 4,867 5,657 6,067 4,957 5,614 6,915 4,687 684 63 107 445 2,156 291 301 309 278 320 1,186 1,244 1,318 1,446 1,397 317 330 466 568 489 261 255 278 262 280 384 289 360 348 264 18,067 15,987 25,860 16,584 28,504 2 4 ,5 3 3 1 5 ,2 4 1 1 5 ,2 2 4 1 7 ,2 7 2 ; 25,593 Fiscal Com-1 arable Year p To PeriodI P Date rior I . F.Y. I $103,261 194 36,096 32,ld 54,870 46,120 6,063 4,351 3,612 3,437| 16,272 15,471 4,898 SÜ 3,175 3,287 3,944 - 3,633] iterior D Hustice De 232,192 MM\ 44 53 17 15 5 5 31 157 98 -128 129 106 42 13 5 42 96 153 44 18 5 39 137 115 49 17 6 451 120 214 540 183 60 1,171 1,025 1,528 23 305 122 47 596 96 -38 100 90 -134 568 158 4,517 5,671 1,363 5,066] 5,869| 1,250 67 703 100 Busing ai Jjepartmi 431 54 1,523 1,434 ;1 m 1,391 1,259 1,551 1,707 1,815 1,728 1,789 1,690 1,776 1,381 1,670 1,459 1,861 1,937 1,859 1,919 1,882 1,962 1,948 2,011 1,808 1,968 1,873 1,844 1,983 1,911 2,138 584 751 469 717 378 524 620 528 636 6 7 3 6 6 6 5 7 8 1,784 1,567 1,990 2,089 1,948 1,991 477 584 7 6 2,175 20,231 2,452 22,461 2,191 23,615 677 6,945 74 8 22,51 22,336 23,999] 6,14u 7a 5,193 5,662 5,204 6,066 6,250 5,965 6,332 6,075 6,633 101 118 109 140 128 185 186 162 112 6,207 6,238 118 112 7,503 73,327 233 1,704 75,151 1,53] 1,051 1,045 1,167 1,585 1,008 1,325 1,244 1,039 340 2,993 2,998 3,001 3,604 3,671 3,639 3,721 3,791 3,866 380 384 '387 453 452 466 465 478 491 548 656 386 453 595 663 613 550 527 148 190 230 197 235 274 245 225 198 498 942 866 998 966 778 544 1,131 818 918 1,401 3,857 4,652 490 515 587 629 227 236 1,046 150 1,285 13,408 3,882 43,677 509 5,468 635 6,841 229 2,635 1,242 9,980 14,151 35,841 2,54] 8,64a mus m i, bfootnot 29 TAB LE V--COMPARATIVE S T A T E M E N T OF BUDGET RECEIPTS AND OUTLAYS BY M ONTHS OF CURRENT FISCAL YEAR-Continued (In millions) ( F ig u r e s a r e rou nded in m illio n s o f d o lla r s and m a y not add to to ta ls ) Classification July Aug. Sept. Oct. Nov, Dec. Jan. Feb. March April May June Com Fiscal parable Year Period To Prior Date F.Y, OUTLAYS—C ontinued busing and Urban Development Repartaient................................................. lerior Department........................ Jstice Department.................................... ¡bor Department: ¡Unemployment trust fund..................... (Other........................................................ iteDepartment., .......... .......................... [ansportation Department: Highway trust fund........... .. Ether........................................................ leasury Department: ¡Interest on the public debt.................. ■ Interest on refunds, etc. . . . . . . . . . . ■ General revenue sharing .................... ■ Other .................. .. lomic Energy Commission . . . . . . . . . Ivironmental Protection Agency . . . . .„«eneral Services Administration . . . . . NBational Aeronautics and Space "^^Administration........................................ l|terans Administration: ¡Compensation, pension, and benefit [programs.............................. ................. Government life insurance fund . . . . [National service life insurance fund p j f c ............... ................KBB ^^Ter independent agencies: 1 Service Commission . . . . . . . . . ’ ^TSxport-Import Bank of the [United States ................................... 2 ^;^JFostal Service.......................... .............. »’rt^Blmall Business Administration . . . , 0oM^BTennessee Valley Authority . . . . . . . '» O t h e r ......................................................... ’ dMidistributed intrabudgetary ^^ansactions: ■ Federal employer contributions to Î5151!■ retirement fund .................................. ’ ^Tnterest credited to certain 1 accounts................................................. ’ owances undistributed ....................... ,« 14 1 Total outlays—this year.............. 3 5848^1 Total O u tlays-prior ye a r ....................................... MiiBurpius (+) or deficit (-) this year . . . 2544^B ^u s' +^or p rior y e a r , lee footnotes on page 3. $513 $623 $358 $158 $353 $366 $459 $309 $205 97 95 78 -179 -1,174 9 -310 888 177 139 153 121 108 107 131 130 126 109 534 523 562 513 453 372 348 386 465 227 291 245 338 345 237 258 276 211 45 45 42 50 41 69 43 48 112 217 275 321 487 515 494 503 477 374 254 250 370 261 289 244 311 252 279 1,872 1,867 1,911 1,933 1,934 1,957 2,070 2,010 2,128 17 10 13 12 12 14 19 15 12 9 H 2,617 2,514 3 3 0 1 2 0 -387 -67 1 4 9 -225 6 1 -19 -23 210 225 210 146 199 171 191 187 196 65 134 63 89 71 74 83 83 43 52 82 37 54 -75 48 54 89 101 241 301 271 289 289 273 271 272 284 $163 -$205 95 84 139 131 372 459 301 257 50 29 228 334 257 314 2,144 2,157 13 27 1,493 3 110 26 219 229 107 111 28 -23 255 265 $296 $3,600 -204 -2,219 137 1,531 368 5,353 297 3,283 592 19 496 4,722 379 3,462 2,184 24,167 182 17 (**) 6,636 -4 -79 210 2,393 188 1,113 3 448 306 3,316 $3,642 1,25b 1,180 6,926 3,107 536 4,677 2,854 21,849 188 87 2,392 763 589 3,422 844 6 41 95 390 807 6 51 290 370 825 6 50 162 383 851 6 54 149 369 847 6 51 206 400 814 9 55 136 386 702 5 43 111 468 9,295 66 519 2,088 4,601 99 -243 97 188 45 39 282 332 499 233 -6 372 SU 232 136 5 350 124 53 45 347 Í50 22 24 332 Í53 81 53 302 Í.429 1,346 367 3,591 8,061 81 720 1,848 3,773 39 1,772 452 448 3,435 -228 -249 -238 -229 -223 -208 -24 -160 -37 -47 -130 -2,266 -279 -251 -264 -248 -260 -250 -2,926 -2,768 -118 -2,361 -5,446 -5,089 612 5 35 230 329 644 5 37 169 372 ' -59 "i¿9 29 170 34 12 285 430 610 4 33 184 373 703 1,034 5 4 32 35 154 202 371 390 49 ' ' 54 46 208 59 41 309 285 -18 83 16 -35 -146 -65 -76 18,591 20,581 18,471 20,055 21,165 19,721 23,631 20,227 20,806 22,306 20,157 20,892 246,603 1 8 ,5 6 8 1 9 ,5 8 1 1 8 ,2 0 2 1 8 ,7 8 1 1 8 ,9 3 2 1 7 ,4 9 0 1 9 ,4 8 1 1 8 ,7 6 4 2 0 ,3 2 9 1 8 ,5 9 7 1 9 ,777 2 3 ,3 7 5 2 3 1 ,8 7 6 -3,384 -2,369 +3,712 -5,317 -4,418 -750 -2,501 -2,160 -4,820 +3,554 -3,573 +7,612 -14,412 -5 ,3 4 8 -3 ,9 4 0 + 1 ,5 1 8 -6 ,3 3 0 -3 ,9 9 8 -2 7 5 -1 ,8 7 6 -3 ,5 2 3 -5 ,1 0 5 + 5 ,9 3 7 -2 ,5 0 6 + 2 ,2 1 9 -2 3 ,2 2 7 30 TAB LE VI—TR U S T FUND IMPACT ON BUDGET RESU LTS AND INVESTMENT HOLDINGS (In millions) Current Month Classification Receipts Trust receipts, outlays, and invest ments held: Federal old-age and survivors insurance.............. .......................... Federal disability insurance . . . . . Federal hospital insurance . . . . . . Federal supplementary medical insurance ................................ ....... Federal employees retirement . . . Federal employees life and health benefits ........................................... Federal Deposit Insurance Corp .. Airport and airway.......................... General revenue sharing................ Highway............ ........................... Indian tribal funds........................... Military assistance advances........ Railroad retirement........................ Unemployment............ ..................... Veterans life insurance............ .. All other trust ................................ Trust funds receipts and outlays on the basis of Table HI and investments held from Table IV—B............................... Intragovernmental receipts offset against trust fund outlays . . . . . . . Total trust fund receipts and outlays...................................... .. Federal fund receipts and outlays on the basis of Table HI...................... . Intragovernmental receipts offset against Federal fund outlays . . . . . . Total Federal fund receipts and outlays ............................................ Total intragovernmental receipts and outlays.................................................... : Net budget receipts and outlays.......... . 12,949 580 1,041 111 180 Fiscal Year to Date Excess of Receipts Outlays receipts or out lays (-) 3,034 298 538 -1,538 282 503 13 1,719 117 107 2,378 Outlays 10,713 139,956 4,882 5,378 7,597 6,093 1,161 1,426 2,186 -714 -134 -537 654 758 6,637 8,295 4,526 5,665 -9 -335 2,154 1,183 4,720 6,063 -252 -29 24 79,288 Excess of receipts or out lays (-) Securities Held as Investments Current Fiscal Year Beginning of This Year This month 1756 495 1,504 265 2,900 134 537 104 1,658 1,139 9 335 -971 1,344 252 53 133,203 7,012 2,884 478 27,668 1,328 5,099 Ì35,174 7,516 3,730 708 29,148 1,518 5,639 4,456 5,489 ’¿’ 585 9,813 7,183 *4^593 10,404 7,285 103 10,514 103,807 111,307 1 Close of this month f35,50l| 7,8 4,22$ 1 114,85; 12,718 9,414 7,036 2,378 22,877 17,643 5,234 92,006 81,492 10,514 161,198 186,124 -24,926 121 121 22,885 17,651 5,234 161,319 186,245 -24,926 -3,795 28,504 -3,795 20,892 7,612 -21,134 -21,134 232,192 246,603 -14,412 See footnotes on page 3. Note: Intragovernmental receipts and outlays are transactions between Federal funds and trust funds, such as, Federal payments and contributions, Federal employer contributions, and interest and profits on investments in Federal securities. They have no net effect on overall budget receipts and outlays since the receipt side of such transactions is offset against budget outlays. In this table, intragovernmental receipts are shoymasan! adjustment to arrive at total receipts and outlays of trust funds and Federal funds respectively. Included in total intragovernmental receipts and outlays are $8,295 million in federal funds transferred to trust funds for general revenue sharing. TABLE VII—SUM M ARY OF RECEIPTS BY SOURCE AND OUTLAYS BY FUNCTION (In thousands) Source This Month Total Budget Fiscal Year To Date 31 Comparable Period Prior Fiscal Year NET RECEIPTS dividual income taxes...................................... orporation income taxes.......................... ....... . ocial Insurance taxes and contributions: ¡Employment taxes and contributions...... ........ . Unemployment insurance..............................., Contributions for other insurance and retirement, jcise taxes ............... ........... ...................... . state and gift taxes ................ ....................... stoms.................................................. .... Miscellaneous................................................ . Total............................. ........................ $12,321,123 8,739,442 4,686,721 106,515 291,428 1,397,343 316,532 260,759 383,644 28,503,506 $103,260,527 36,096,144 54,870,061 6,063,441 3,612,261 16,271,536 4,898,489 3,175,268 3,944,115 232,191,842 $94,736,616 32,165,916 46,119,776 4,356,671 3,437,322 15,476,901 5,435,862 3,286,906 3,632,589 208,648,559 8,043,257 488,575 306,022 3,448 173,139 1,307,011 313,558 1,336,408 1,645,922 6,552,936 865,501 2,015,911 450,673 -185 -2,610,605 20,891,573 76,055,667 3,185,343 3,315,699 6,180,602 610,604 12,392,883 4,166,696 10,820,501 18,359,453 72,834,876 12,003,592 22,796,433 5,617,593 6,636,369 -8,372,951 246,603,359 78,336,072 3,785,746 3,421,763 7,061,398 3,759,276 11,196,707 4,215,694 10,198,471 16,980,431 64,557,519 10,747,366 20,584,295 4,888,631 -7,857,514 231,875,854 OUTLAYS ational defense............... ............................... ternational affairs and finance.......................... pace research and technology............... ........... Agriculture and rural development..................... atural resources........................... *.............. Commerce and transportation...................... immunity development and housing.................... ■ ducation and manpower................. ................... jealth......... ......... ....................................... 'come security............................................... Veterans benefits and services...... .................... merest.......................................................... general government......................................... general revenue sharing..................................... Bndistributed intrabudgetary transactions............ Total........................................ SubscrinHnn Subscription price rme by the SyPerintf/1xeiio0fnP0Cuments> u*s* Government Printing Office, Washington, D.C. 20402 $3.25 per year additional (foreign mailing), includes all issues of daily Treasury statements and the Monthly Statement of Receipts and Outlays of the U. S. Government. No single copies are sold. GPO 863-764 c 9 ÙTOR I M M E D I A T E R E L E A S E July 26. 1973 O ffic e of the White H ouse P r e s s S e c re ta r y T H E W H IT E H O U S E S T A T E M E N T B Y T H E P R E S ID E N T The b est w ay to hold down the co st of liv in g is to hold down the co st of G overnm en t. T oday th ere is new and en couragin g eviden ce that we can win that b a ttle . The la te st M on thly Statem en t of R e c e ip ts and O u tla y s shows that F e d e r a l outlays fo r f is c a l y e a r 1973 w ere held to $ 2 4 6 .6 b illio n - - a fig u re w ell below the $250 b illio n ce ilin g on spending that I had recom m en ded to the C o n g re ss. S in ce o v e r a ll r e ce ip ts to taled $232. 2 b illio n , the d e fic it fo r isca l y e a r 1973 w as $ 1 4 .4 b illio n . T h is w as a m uch s m a lle r d e fic it t an the $24. 8 b illio n d e fic it p ro je cte d in m y B udget M e s s a g e la s t Ja n u a ry . M o r e o v e r , the budget w as w ithin $2 b illio n o f being in balance during the p erio d fr o m Ja n u a r y to Ju n e o f th is y e a r - - a period when it w as e s p e c ia lly im portan t to hold down G o vern m en t spending. During the debates on budget p o lic y la s t f a ll and la s t w in te r, it w as w idely an ” frequ en tly a s s e r te d that we could not hold spending to the J b illio n le v e l and that the only w ay to prod uce an a n ti-in fla tio n a ry u get w as by in c r e a sin g ta x e s . I r e je c te d that contention then - - and I re je ct it now, a s we look to a new f i s c a l y e a r . We held the budget me in the y e a r ju s t p a st without r a is in g ta x e s . I b e lie ve we can do so again - - and, in fa c t, a ch ie v e a b alan ced budget - - i n f i s c a l ye>ar 1974. In e a r lie r y e a r s , budget d e fic its have so m e tim e s helped take the s la c k out o f the econom y and in c r e a s e e m p lo ym en t. H o w e v e r, we re co gn ize d xn the su m m er of 1972 that a m a jo r p ro b le m w as developin g a s the econ om ic oom got w ell underw ay. W e could fo r e s e e th at the p r e s s u r e s fro m e xistin g jj* ®r «*l p r o g ra m s and new le g is la tio n could push spending fo r f i s c a l y e a r 3 to $260 b illio n or m o re - - m u ch m o re than we thought an a lre a d y strong econom y could to le r a te w ithout g r e a te r in fla tio n . I th e re fo re called upon the C o n g r e s s to hold the lin e on spending at $250 b illio n . The C o n g re ss h a s a cte d re sp o n sib ly on that re q u e st. T h e re have been many d iffe re n ce s betw een the C o n g r e s s and the A d m in istra tio n over the evel o f F e d e r a l spending on m any s p e c ific p r o g r a m s , but? the im portant point is that our o v e r a ll spending go a l h a s been a ch ie v e d . I r e c a ll how both H o u se s of the C o n g r e s s approved legisla tio n la s t fa ll to c e ilin S in F e d e r a l spending at the $250 b illio n le v e l. W hile te ch n ica l x e re n ce s prevented the two H o u se s fro m a g re e in g on a co m m o n v e rs io n of that c e ilin g , and w hile o v e r a ll C o n g r e s s io n a l a ctio n fo r the la s t f is c a l year even tu ally contem plated m u ch h ig h e r exp en d itu re s, it w as c le a r n e ve rth e le ss that a m a jo r ity in both H o u se s o f the C o n g r e s s a cce p te d in fke a d v isa b ility of holding spending to a low er le v e l. When the c ips w ere down, it w as that sp ir it of r e s tra in t w hich p re v a ile d . I tru st that the two b ran ch es can fo rg e an e ffe c tiv e p a rtn e rsh ip on behalf of budgetary r e sp o n sib ility a ga in in th is new f is c a l y e a r - - and that one year fro m now the fig u r e s w ill show th at the budget fo r fis c a l y e a r 1974 was in b a la n ce . T he fa c t that we n e arly ach ieved a b alan ce in the second e lf of f is c a l y e a r 1973 en cou rages us to b e lie ve th is a r e a lis tic o b je ctiv e . It should not be overloo ked, h o w ever, that the veto o f ce rta in b ills and the re se rv in g of ce rta in funds w as e s s e n tia l in achieving our budgetary goals or the p ast tw elve m o n th s. In flatio n continues to be our m o st im portant (M O R E ) - 2- econom ic problem - - and budget and m onetary restrain t continue to be our most im portant tools for fighting it. C u r P h ase IV controls w ill help to moderate inflation, but a balanced budget and m onetary restrain t m ust be our m ajor weapons again st risin g p r ic e s . With the econom y now operating at a high le v e l, revenues in fis c a l year 1974 should approxim ate, without any tax in c r e a s e s , the ove ra ll le ve l of expenditures I proposed la st Ja n u a ry - - about $269 b illio n . B alancing the budget th erefore m eans that we m ust hold expenditures to th at le ve l in the coming- y e a r , despite the fa ct that higher p r ic e s , higher in terest rates and new le gisla tio n w ill a ll be working to drive spending h igh er. I am confident that with the continuing cooperation of the C o n g re ss we can m eet that goal and thus help protect the A m e r ica n people against the twin dangers of higher p r ic e s and higher ta x e s . # # # Department oftheTREASURY SHINGTON, O C. 20220 T E LE P H O N E W 04-2041 FOR IMMEDIATE RELEASE July 26,1973 WITHHOLDING OF APPRAISEMENT ON PRIMARY LEAD METAL FROM CANADA Assistant Secretary of the Treasury Edward L. Morgan announced today a withholding of appraisement on primary lead metal from Canada pending a determination as to whether it is being sold at less than fair value within the meaning of the Antidumping Act, 1921, as amended. This lead metal is used chiefly in the production of storage batteries, pigments and chemicals, including gasoline additives. The decision will appear in the Federal Register of July 27, 1973. 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 publica tion of the "Withholding 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 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. During the year beginning May 1972, imports of primary lead metal from Canada amounted to approximately $18.6 million. as isles get to your sea' h@r@8 pleas® as possible. r si You knot* who he is. He*s perhaps the most mult1-purpose gentleman In the whole government h< tre. He earn® to government first as secret« of Labor» having been a 1 tfeor expert at the University ©f Chicago of ;he School of Business Administration timi i he was dean to© [sic]. He came down abo * initially in this administration. Uh ere the Office of Management and Budget» he asked ____ ___ ,r a: id become the first Director of the combine« Office of Management and iudget« at which time he took a substantial 55 F » t ian to do something like that, year and a half ago» the President asked him to assume the post of secretary of the Treasury» an extres ty critical post 1n governmti it. And for some months now» he's been doubling in that post aiid also as counsellor to the President Jor the whole economic area <if the government» where he serves H v@rye very we l l . ** — r *” ^ ^ r w — is that 1n life. he of 8us* was a 1 the r$t i tinis T I» ,1rpl 1w s Pii. D, that's better 1tz when he was dean of the Sci the University of Chicago. An« low dean® but a dean at Purdue introduce a fellow dean 11k© t! Three men® there gives it 5 U. S. TREASURY DEPARTMENT SECRETARY GEORGE SHULTZ: ADDRESS U. S. Department of Agriculture Washington, D. C. July 2«. 1973 igl X r away; I w a s t r a v e l l i n g to u ris t, [la u g h te r .] A n d one ©f them s t a r t e d c o n ve rsa tio n . H e s a i d " I t h i n k we o u g h t to g e t a c q u a i n t e d . 15 He g a v e h i s n a m e . And he s a i d , " I ' m dean a t s t a t e c o l l e g e . I'm c a rried . I h a ve one son. He I s a n a g r i c u l t u r a l a t t a c h e . ” And the s e c o n d o n e $ a 1 d 9 " W e l l s t h a t ' s I n t e r e s t i n g . I ' m " ~~ h e g a v e I'm m a r r i e d . his n a m e . He s a i d * " I ' m a d e a n a t s t a t e u n i v e r s i t y . I a ls o h a v e one $©n9 and h e ' s an a g r i c u l t u r a l a t t a c h e . " And th e t h i r d man p a u s e d a b i t . H e s a i d * % © y $ ® i n t h e p r e s e n t context* I' m a l i t t l e e m b a r r a s s e d . Yo u s e e * I ' m an a g r i c u l t u r a l a t t a c h e . I'm n o t m a r r i e d . 1 have one s o n , and h e 's a d e a n .*5 a [L a u g h te r .] I g iv e you th e s e c r e ta ry o f the T r e a s u r y , [A p p la u s e .] SECRETARY GEORGE S H U L T Z : W ell * I t h i n k I s h o u ld to E a r l ' s s t o r y a b o u t d e a n s * t h e r e a s o n w h y we b o t h s t o p p e d dean® b e c a u s e we h e a r d a b o u t t h a t o l d s a y i n g t h a t o l d d e a n s die; th e y j u s t l o s e t h e i r f a c u l t i e s . add being never [L a u g h te r .] I a p p r e c ia te th e i n t r o d u c t i o n * b u t I sh o u ld say th a t George H e a n y d i d a m u c h m o r e s t r a i g h t f o r w a r d j o b o n me t h e o t h e r day. He w a s i n t r o d u c i n g me t o a u n i o n g r o u p . And he s a i d v e r y s i m p l y - - lie s a i d » I i n t r o d u c e t o y o u t h e g r e a t e s t s e c r e t a r y o f the T r e a s u r y s i n c e d o h n Cof 1n a l l y . 9, [L a u g h te r .] So 1 get It everyw here, [L a u g h te r .] I e x p e c t e d t h a t I w o u l d come o v e r h e r e a n d t h e r e w o u l d h@ a s n a i l g r o u p o f p e o p l e w h o w e r e t h e a t t a c h e s f r o m a r o u n d t h e world® a n d we c o u l d h a v e a n i c e i n t i m a t e d i s c u s s i o n a b o u t y o u r p ro ble ms a n d o u r p r o b l e m s a s t h e y r e l a t e t o y o u r s . A n d so I accepted £h@ i n v i t a t i o n o n t h a t b a s i s ® a n d I ' m h e r e w i t h o u t a n o t e a n d w i t h o u t * speech* and I f i n d i t ' s l i k e a p p e a r in g b e f o r e a S e n a te c o m m it t e e . Over h e r e i n t h e A g r i c u l t u r e D e p a r t m e n t ® e v e r y t h i n g i s t e l e v i s e d * ai*d I 9^ a l i t t l e n o n p l u s s e d . B u t w h a t I t h o u g h t I w o u ld do i s U ! k a b o u t a s u b j e c t t h a t s e e m s t o me v e r y c e n t r a l t o y o u r w o r k * and i t c e r t a i n l y h o o k s w h a t y o u d o a n d t h e p r o b l e m s t h a t a r e v e r y ®och @n t h e f r o n t b u r n e r I n t h i s c o u n t r y t o g e t h e r . A n d t h a t i s® J f c o u r s e * t h e p r o b l e m o f i n f l a t i o n a n d w h a t w© a r e d o i n g a b o u t . * t 9 and t h e r e l a t i o n s h i p t o i t o f w h a t i s h a p p e n i n g to f o o d p r i c e s as a c e n t r a l e l e m e n t . A n d I ' l l t a l k a b o u t ® i n a g e n e r a l way® w h a t art d o in g, A n d t h e n I w a n t t o w i n d up w i t h some com m ents a b o u t ™ t 1 t s e e m s to m@s a n y w a y 9 y o u c a n d o f o r u s t o h e l p w i t h t h e Problem. A n d I m e a n t h i s in a v e r y p e r s o n a l a n d d i r e c t way® b e c a u s e * t h i n k © u r i n f o r m a t i o n a b o u t w h a t i s g o i n g o n i s s o c r i t i c a l to 0yr u n d e r s t a n d i n g a n d t o t h e p o l i c y d e c i s i o n s t h a t a r e m a d e . 3 Nets I w o u l d c l a s s I f 1 our p r o g r a m In d e a l i n g w i t h I n f 1a 11on basically under fo u r h e a d in g s , A nd t h e f i r s t ® and I ' m sure® as e c o n o m i s t s , we w o u l d a l l a g r e e m o s t i m p o r t a n t ® 1 s a p o l i c y o f d i s c i p l 1 si 0n t h e b u d g e t a n d r e s t r a i n t o n m o n e t a r y p o l i c y . T h a t i s a n e s s ential in g r e d ie n t ; I t a lw a y s has been it w ill be. I t w orks. And w i t b o u t 1 t s w e 're n o w h e re . So we m u s t c o n t i n u e o n t h a t p a t h , a n d we mu st c on tin u e t o e x e r c i s e r e s t r a i n t and d i s c i p l i n e on t h e b u d g e t . T hat is a primary t a s k o f t h e e x e c u t i v e b r a n c h , a n d we c o u n t o n t h e Federal R e s e r v e t o b e h a v e i n a s i m i l a r f a s h i o n on t h e m o n e t a r y side. Now t h e q u e s t i o n i s , d o we h a v e w h a t i t t a k e s t o e x e r c i s e the n e c e s s a r y d i s c i p l i n e ? A n d I t h i n k , in t e r m s o f t h e f i s c a l 1974 b u d g e t , w h i c h i s t h e y e a r t h a t w e ’ r e n o w 1 n , t h e m e a s u r e o f r e s t r a i n t I s w h e t h e r o r n o t we c a n a c h i e v e a b a l a n c e d b u d g e t i n this f i s c a l y e a r . And I b e l i e v e t h a t is th e r i g h t f i s c a l p o l i c y , and I b e l i e v e I t c a n b e d o n e . T h a t is th e P r e s id e n t 's g o a l . Revenues have b e e n r i s i n g f o r a v a r i e t y o f r e a s o n s , s o m e g o o d , s o m e n o t so g o o d . B u t t h e y have been r i s i n g , and t h e y have r i s e n 1n o u r e s t i m a t e s a p p r o x i m a t e l y t o t h e l e v e l o f the P r e s i d e n t ' s b u d g e t r ^ u e s t made i n « J a n u a r y . T h e r e i s n o r e a s o n w h y we c a n ' t e x e r c i s e th@ d i s c i p l i n e we n e e d t o h o l d s p e n d i n g w i t h i n t h a t f r a m e w o r k a n d , th e re fo re , b a la n c e th e b u d g e t. A n d t h a t i s w h a t we n e e d i n t h i s fiscal y e a r . Mow, I know t h a t t h e r e is a tre m e n d o u s am ount o f c o n t r o v e r s y in v o lvin g th e C o n g re ss and th e a d m i n i s t r a t i o n a b o u t th e b u d g e t and t h e c o m p o s i t i o n o f t h e b u d g e t , a n d s o o n a n d s o forth. But as I h a v e g o n e a r o u n d a n d t e s t i f i e d b e f o r e I t h i n k a t l e a s t a s iany c o m m i t t e e s a s y o u d o , E a r l - - a n d t h e s u b j e c t o f t h e b u d g e t cosies u p p r a c t i c a l l y a l w a y s - - I f i n d t h a t , w i t h a l l t h e c o n t r o v e r s y , t h e r e _i s b a s i c a l l y v e r y l i t t l e c o n t r o v e r s y a b o u t t h e d e s i r a b i l i t y h olding f e d e r a l sp e n d in g u n d e r c o n t r o l . E v e r y b o d y a g r e e s ©n that. S© t h a t 1 s a g o o d m a r k e r f o r u s . And I b e l i e v e and I hope t h a t , as m m r k a t t h i s p ro b le m and as t h e s i m i l a r i t y o f v ie w on t h e o v e r a l l o b j e c t i v e r e a l l y t a k e s h o l d — a n d I t h i n k t h e American peo pl e a r e v e r y m u c h b e h i n d u s - - m w i l l be a b l e t o keep t h i s spending u n d e r c o n t r o l . Now, m a r e a b o u t now r e a d y now — w e ' v e a b o u t f i n i s h e d t j b e l a t l o n s I n t h e T r e a s u r y on w h a t has a c t u a l l y h a pp e n e d i n nseal 1973. A n d t h e r e s u l t s of t h a t , w h i c h t h e y o u g h t t o b e a b l e a n n o u n c e t o m o r r o w — n o t q u i t e p r e p a r e d y e t — t h e r e s u l t s ©f w® k n o w e n o u g h a b o u t t o s a y t h a t n o t o n l y h a s t h e P r e s i d e n t acnieved t h e g o a l o f s t a y i n g w i t h i n t h e tw o h u n d r e d a n d f i f t y b i l l i o n a ® t t h a t was s e t a b o u t t h i s t i m e l a s t y e a r , b u t he h a s m o r e t h a n jo jiivtd th a t g o a l, ye have sta y e d w e ll under th e t m — w e ll ™ 0 r ***© f o r t y - n i n e b i l l i o n . And why i s t h a t ? Th a t is because ® manag ed t o g e t p e r v a s i v e l y , t h r o u g h o u t t h e g o v e r n m e n t , a n a t t i t u d e J f l L * ? ^ y s t d i s c i p l i n e o u r s e l v e s ; we m u s t he c a r e f u l . And t h a t tud@ h a s p r e v a i l e d . » • Gf Wo h a v e a l i t t l e s i g n u p ® c **® ®p !ed u p , u s e d d o l l a r b i l l « I n my o u t e r o f f i c e . It's sort And t h e r e 's a s ta te m e n t u n d e r arv It th a t is kin d o f a pledge from th e T r e a s u r y : JiM@ s p e n d t h i s d o l l a r l i k e i t } $ o u r © w n . M A n d I t h i n k t h a t i s t h e a t t i t u d e we need I n g o v e r n m e n t . I ' m s u r e we h a v e i t . A n d a s we h a v e I t , w e ' l l be a b l e t© h o l d t h i s s p e n d i n g u n d e r c o n t r o l . Uow9 th e P r e s i d e n t f e e l s » and I a g r e e w i t h him » t h a t m ca n d o t h i s j o b © f b a l a n c i n g t h e b u d g e t i n f i s c a l * 7 4 w i t h o u t a tax I n c r e a s e . And li® $ n o t d e s i r a b l e a t t h i s tim e t o have a tax i n c r e a s e . And I w o u ld g i v e t h e f o l l o w i n g r e a s o n s . Firs t» in t e r n s o f f i s c a l p o l i c y , a b a l a n c e d b u d g e t i s t h e r i g h t f i s c a l p olicy. The economy is c o o lin g o f f a l i t t l e fro m th e v e r y h e c t ic pace o f t h e f o u r t h q u a r t e r a n d t h e f i r s t q u a r t e r . A n d we w a n t i t t o c o o l o f f , b u t we d o n ' t w a n t t o o v e r d o I t . Me w a n t i t t o eoie o u t w i t h a s o r t o f a s o f t l a n d i n g o n a f o u r p e r c e n t » o r s © 9 real g r o w t h r a t e . T h a t 's th e d e s ir a b le o b je c t iv e t h a t w e 're s h o o tin g for. S e c o n d , t h e r e i s , o f c@ urs@ B th e q u e s tio n a b o u t w h e th e r o r not © t a x i n c r e a s e w o u l d r e p r e s e n t a g e n u i n e f i s c a l r e s t r a i n t » ©r w h e t h e r , , b y c o n t r a s t , w h a t y o u w o u l d g e t I s k i n d o f a f i s c a l v e r s i o n o f P a r k i n s o n * s L a w t h a t m i g h t be s t a t e d a b o u t a s f o l l o w s : that s p e n d in g w i l l r i s e t o m e e t a t l e a s t a l l t h e r e v e n u e s a v a i l a b l e to be s p e n t . And I f t h a t ' s t r u e 9 and I t h i n k t h e r e ' s a l o t o f evidence t h a t 1 t ' s t r u e » t h e n a m o d e r a t e s i z e t a x I n c r e a s e w o u ld not fee f i s c a l d i s c i p l i n e a t a l l , b u t w o u l d fee s i m p l y a w a y o f i n c r e a s i n the o v e r a l l s i z e o f g o v e r n m e n t , w h i c h I s a t h i r d r e a s o n w h y t h e President has opposed a t a x In c r e a s e a t th e p r e s e n t t i t l e . And» f i n a l l y * I t h in k I f th e a n a ly s is Is t h a t w h a t's needed i s a t a x i n c r e a s e t o b e e f f e c t i v e i m m e d i a t e l y 9 t h e n t h e prospects f o r g e t t i n g t h a t j o b done and g e t t i n g i t done w i t h a M a t , c l e a n t a x b i l l o f some k i n d a r e m i n i m a l . I t 9s a v e r y c o m p l e x su b je ct. M e 'v e had a g r e a t d e a l o f t a l k a b o u t t a x r e f o r m . The a d m in is tr a tio n has p ro p o s a ls u p ; t h e y 'r e p ro p o s a ls o f a g r e a t v a r i e t y ©f s o r t s i n b e f o r e M a y s a n d H e a n s r i g h t n o w . And I t ' s g o in g to be q u i t e a j o b 1 n s o r t i n g a l l t h a t o u t . S© I t i s n o t a s u b j e c t th a t r i g h t now l e n d s i t s e l f t o q u i c k a c t i o n . So f o r a l l t h o s e r e a s o n s , m d o n ' t t h i n k t h e t a x increase r©ute 1 s t h e r i g h t r o u t e . Furtherm ore, t h i n k t h e j o b ea fee d©ne^@n t h e s p e n d i n g s i d e a n d we c a n a c h i e v e need b ud g et f i s c a l ®74s and t h a t t h a t 1s a p r i n c i p a l weapon in t h e f i g h t g a in st In fla tio n . ^ ® w 9 s e c o n d , w h a t d o we n e e d to d o 7 H e ll, I th in k m w@d t o e x a m i n e o u r p o l i c i e s t h r o u g h o u t t h e g o v e r n m e n t , a s w e l l e n c o u r a g i n g p r i v a t e I n d u s t r y t© d o t h e s a m e , a l l ©tsr p o l i c i e s t h a t h a v e t o d o with p r o d u c t i o n . Mow c a n we i n c r e a s e t h e s u p p l i e s of t h in g s w here p r ic e s a r e g o in g up? T h a t 1s t h e fu n d a m e n ta l 1ft w h i c h w e ' l l a f f e c t i n d v i d o a l m a r k e t s . And ©f c o u r s e in f i e l d ©f f o o d , w h ic h i s t h e b i g g e s t e le m e n t i n te rm s ©f s e g m e n ts the e c o n o m y , t h e b i g g e s t e le m e n t i n o u r i n f l a t i o n p i c t u r e , t r a m e n Qous e f f o r t s h a v e b e e n m a d e t o i n c r e a s e s u p p l i e s . S r e a f am ounts o f new a c r e a g e h a v e b e e n r e l e a s e d » a n d t h e S e c r e t a r y a n n o u n c e d l a s t Meek t h a t » as f a r a s t h e n e x t c r o p y e a r I s c o n c e r n e d » [ i t ] ■fs a b s o l u t e l y a l l « o u t * R igh t? feihat’ s y o u r p h r a s e ? Y o u ’ re going to p lo w up t h e f e n c e p o s t s » o r p l o w u p t h e f e n c e h o l e s » ©r w h a t e v e r It Is . Rows® L e a v e t h e p o l e s » b u t p l o w - - how do y o u p l o w up the row s w i t h o u t h i t t i n g t h e f e n c e s ? C o u l d y o u t e l l me t h a t ? I alw ays w ondere d a b o u t t h a t . B u t any way» th e p o in t is t h i s is the t im e f o r a i l - o u t p r o d u c t i o n . And I m ig h t s& y» beyond t h a t » l o o k i n g t o t h e f u t u r e - » a n d t h i s I s w h y » a t l e a s t t o me» t h e r e ’ s so much d i s t r e s s i n g a b o u t a l o t of t h e d i s c u s s i o n a b o u t a f a r m b ill — as m l o o k out i n t o t h e f u t u r e » t h i s i s t h e time w h e n i t seems a s t h o u g h we c a n r e - a r r a n g e o u r b a s i c p o l i c i e s h e r e . And m© h a v e a c h a n c e f o r o u r f a r m e r s » w h o a r e p r o b a b l y t h e h a r d e s t w o r k i n g s e g m e n t o f our p o p u l a t i o n — we h a v e t h e c h a n c e f o r o u r f a r m e r s t o h a v e a h i g h i n c o m e b u i l t on r e a s o n a b l e p r i c e s a n d l o t s o f o u t p u t » i n s t e a d o f th e o t h e r way a ro u n d w here yo u g e t h ig h p r ic e s through r e s t r i c t i n g o u t p u t . So we h a v e a n o p p o r t u n i t y f o r a r e a l r e - a r r a n g e m e n t o f o u r a g r i c u l t u r a l p o l i c y its t h e i n t e r e s t o f i n c r e a s i n g s u p p l y » n o t o n l y f o r © u r u s e h e r e a t h@sne9 hut fo r m e e t i n g demands a l l a r o u n d t h e w o r l d . And t h a t is n e t o n ly good f o r th e r e s t ©f t h e w o r l d » b u t 1 t * s v e r y good f o r u s » b e c a u s e i f w @ *re g o i n g t o I m p o r t a l l t h e s e t h i n g s t h a t we w a n t t o i m p o r t » t h e r e ’ s g o t t o be s o m e t h i n g m s e l l to p a y f o r i t . And a g r i c u l t u r e Is t h e b e s t t h i n g w@®ve g o t g o i n g f o r u s w h e n i t c o m e s to © y r e x p o r t s . S o t h a t ’ s o n e k i n d o f t h i n g t h a t i t s e e m s t o me i m p o r t a n t t o do i n I n c r e a s i n g s u p p l i e s , Me h a v e — b e y o n d t h a t » w e h a v e very l a r g e s t o c k p i l e s o f many c o m m o d itie s » m o s t ©f w h ic h c a n ’ t be s o l d w i t h o u t c o n g r e s s i o n a l a c t i o n . $© m have a b i l l In b e fo re t h e C o n g r e s s t© a l l o w u s t o d i s p o s e © f s t o c k p i l e s w h e r e t h e y ’ r e declared n o n s t r a t a g i e . T h e y ’ r e n o t n e c e s s a r y f o r national d e f e n s e . S© whe n w e ® r e h o l d i n g a b i g s t o c k p i l e o f s o m e t h i n g t h e p r i c e o f "h lch Is g o in g up» l e t ’ s s e l l i t » and l e t ’ s g e t th e c o n g r e s s io n a l a u t h o r i t y t o d© t h a t . Th at increases s u p p ly . Now» m h a v e a l o t © f n e g a t i v e s . And I t h i n k e v e r y o n e nas h a d l i t t l e d e m o n s t r a t i o n s h e r e l a t e l y w h i c h y o u s e e m o r e c l e a r l y when t h e e c o n o m y i s o p e r a t i n g a t f u l l c a p a c i t y In a k i n d of a taut way In t h e m a r k e t s . You see t h i s b a s ic le s s o n t h a t i f c o s ts e x c e e d p rices» i t ' s n o t v e r y good f o r p r o d u c t i o n . A n d t h a t l i n e about Y©u m a k e 1 t u p o n v o l u m e * d o e s n ’ t p l a y a n y w h e r e a n y m o r e . S© JJJ s e e t h e b a b y c h i c k b u s i n e s s t h a t ’ s g o t t e n a l o t o f p u b l i c i t y » t h a t Illustrates t h a t p o i n t . A n d a s f a r a s l*m c o n c e r n e d » I ’ v e • e a r n e d a n ew w o r d t h a t I ’ m s u r e e v e r y o n e h e r e k n o w s . B u t t o me 6 Os* to look at another segment of our society, it*© $&@ vsry large Increases 1n investment in new plant and equipment. Asid to some extent9 1t represents a p r o b ] e r r s , b e c a u s e i t ' s a s u r g i n g sector of the economy. And there's a temptation to say, “Hell/ because 1t's surging, let's see 1f we can't u n d e r c u t It a l i t t l e hit. But 1f you think about that f o r a minute, that Is the f u t u r e * That is the way we're going to Increase supply. That I s the way *i@sr@ going to get our costs down. That Is the way we're going to be competitive In the world. That Is the way we°r@ going to maintain the pace of the rising standard of living for all Americans So let's think twice before we do things that, fundamentally, are th e ways In which we're going to increase supply. In fact, let's tarn it the other way. let's d© more to do the things that w i l l Increase s u p p l y . yell, I could g© through a long list. Me have the anoma lous fact t h a t , due to governmental regulation® an awful lot of ©yr trucks when they go from HA H to a,B , M when they come back t© A again they're not allowed t o carry anything in the truck* Mbtit sens® does that make? In a day when we're worried about costs ©f agricultural products, in a day whan we're worried about the sisa o ( g a s o l i n e ^ in a d a y when w e *r@ w o rrie d about the en vironm ental considerations from what carriers put out, what sense does that m u to require empty backhauls? It's ridiculous. But to get something done about It 1s ©n@ ©f the hardest things you can imagine md* of course, I should say It isn't always government that Is t m culprit. Government Is only d@1ng something because there are pressures In the society for having government do it. But it s bad for us. S© let os examine the point and see If we can't ©o something about 1t. S© we c o u l d J u s t g o t h r o u g h e x a m p l e a f t e r example o f t h i n g s t h a t m c a n d© that will increase tn&i i s t h e s e c o n d t h i n g m need t© keep ©yr eye on with t h e i n f l a t i o n p r o b l e m . e x a m p l e after supply. So in deal in© t h i r d , i s t h e a r e a of ©sir c o n n e c t i o n s w i t h t h e ®c©n©my. And o f c o u rs e m see more c l e a r l y In th e l a s t s i x ****** o r s o t h e v e r y s t r o n g m y i n w h i c h t h e U . 5 . i s a p a r t a n d parcel o f t h e w o r l d e c o n o m y . I th in k m have a ll sa id t h i s . In . :®jp r h e t o r i c we h a v e s a i d t h a t in t h e p a s t . B u t we h a v e n e v e r ??@fs i t d e m o n s t r a t e d s o s t r o n g l y , t h a t w h e n a l l t h e e c o n o m i e s of to® w o r l d a r e r i s i n g , a n d , I n w o r l d m a r k e t s , c o m m o d i t i e s t h a t we I®1 ” e x p o r t a n d i m p o r t a r e r i s i n g r a p i d l y i n p r i c e , t h a t 1 s g o i n g §a ®ur e c o n o m y . A n d we h a v e no w a y a r o u n d i t . And a t th e f«* t t « e , i t has I t s p ro b le m s f o r u s ; I t a ls o has I t s a d v a n ta g e s 9P u s . A n d l e t me j u s t c o m m e n t b r i e f l y o n t h a t . ^ 7 ? 9« | t s t r a d © «” «* a l o t o f I t s t a r i f f s If? t h © b u d g e t t h a t w a s s e n t up l a s t J a n u a r y * n o t ^ b e c a u s e t h e y n e c e s s a r i l y w a n t e d t o t r e a t t h e i r t r a d i n g p a r t n e r s b e t t e r 9 b u t b e c a u s e t h e y w a n t e d t© l o w e r p r i c e s in C a n a d a , Why c h a r g e y o u r s e l f s o m e t h i n g e x t r a o n s o m e t h i n g t h a t ’ s in s h o r t s u p p l y ? A u s t r a l i a ' s j u s t d o n e t h e same t h i n g . Why n o t us? I t makes s e n s e , I mean w e ’ r e t r y i n g t o i m p o r t b e e f , Whv ^ ' r e t r y i n g to I m p o r t l u m b e r . Why p a y a t a r i f f on i t ? And so o n . A n d s© t h e P r e s i d e n t h a s a s k e d f o r a u t h o r i t y f r o m t h e C o n g r e s s » i n c a s e s w h e r e we h a v e a t a r i f f o n s o m e g o o d t h a t ’ s i n s h o rt s u p p l y w i t h r i s i n g p r i c e s h e r e a t home» t o h a v e a u t h o r i t y , a! l ! f s t t e m p o r a r i l y * t o r e d u c e t h a t t a r i f f . I t ’ s a se n sib le s o rt ©t t h i n g t o m in re c o g n is in g o y r in te rc o n n e c tio n s w ith th e w orld ec on om y a n d * in t h i s c a s e » t a k i n g a d v a n t a g e o f t h e d i s c i p l i n e t h a t ty© w o r l d e c o n o m y c a n g i v e I n o u r o w n p r i c e s t r u c t u r e * N ®w » © f c o u r s e » m h a ve w orke d t o g e t a more f l e x i b l e ^ o n e t a r y s y s t e m m é t© g e t t h e d o l l a r m o r e r e a l i s t i c a l l y v a l u e d , all t h r o u g h t h e W o rld War I I p e r i o d » e v e r y b o d y d e v a lu e d a g a i n s t d o lla r. On .th e w h o le » t h e t r a d i n g a r r a n g e m e n t s t h a t b u i l t yp w e r e d o n e a g a i n s t t h e b a c k g r o u n d o f t h e U . $ . c o y I d d o n o w r o n g . j u s t w ere bound t o be th e s t r o n g e s t and w o u ld n e v e r h a ve a p ro b le m And t h e r e s u l t o f a l l t h a t w a s , I t h i n k » t h a t I n t h e i n t e r n a t i o n a l aeosiomic s p h e r e t h i n g s g o t s t r u c t u r e d i n s u c h a w a y t h a t t h e y w e r e n ’ t ; ? 2 y r a Ì v i ? * a ? e i , w® ^ ° Y a r ti >e l a s t t w o y e a r s » we h a v e c h a n g e d * ¡¡¿¿a iid d o l l a r now I s v e r y r e a l i s t i c a l l y v a l u e d and at t h i s p o i n t I s u n d e r v a l u e d . I d o n ’ t th in k th e r e ’ s any doubt adout t h a t . A t any r a te » from th e s ta n d p o in t o f th e c o m p e titiv e n e s s i ♦ S ? - « * 0 ! ® * in m r ì d » e r k e t s * w e ’ r e v e r y c o m p e t i t i v e n o w . And i t h i n k t h a t t h e Zlm© i s r i g h t . And I know t h e P r e s i d e n t w i l l nt w * a? ^ 1s » y©© h a v e b e e n h e r e a n d a s i n t h e C o m m e r c e uepirtm ent» m a r e a l mov® o n t h e e x p o r t f r o n t . B u t we h a v e a r e a l i s t i c p o s i t i o n in w o r l d m a r k e t s » a n d m have the p ro sp e c t ©? a m o r e f l e x i b l e s y s t e m t h a t w i l l h e l p k e e p it t h a t w a y , 3@ t h a t 1s an e le m e n t in h * « r « ^ 4"7 ' " 5 ®® ? @ TC t o a s u b j e c t t h a t i s v e r y m u c h in y o u r Jill!"? a 5d v a r * s e n s i t i v e . And t h a t is th e p ro b le m o f e x p o r t ' ^ ? r 01! * Assd &®r@ tt5@ P r e s i d e n t h a s s t a t e d v e r y d e f i n i t e l y o u r Po licy is a g a i n s t e x p o r t c o n t r o l s . Me d o n ’ t t h i n k t h a t t h e y ’ r e a « So d 4. d f ? * ^ a v e e x p o r t c o n t r o l s on s o y b e a n s r i g h t now and t L i l k i l 2 v 5 ^ r ? i a te d ^ p ro d t,c ts * M 1 m s t $%y * t i s i m p r e s s i v e s u b s t i t u t a b i l i t y o f p r o d u c t s i n t h e s e n s e i n w h i c h y o u s a y ’» r ® 9 o 1 n g t o d o s o m e t h i n g ©n p r o d u c t ® A » K t h e n t h a t i m p l i e s s2 f * y ? u ? ! s o m e t h i n g & h m t a w h o l e r a n g e o f s u b s t i t u t a b l e p r o d u c t s , 1SSI t * l i t t l e t h i n g t o p l a y a r o u n d w i t h . A n d we f e l t t h a t c « L 2 ? ? e $ 5 a r £ * tl§@ s e c r e t a r y o f A g r i c u l t u r e d 1 d s t o p u t t h o s e e x p o r t oi » A» I 0 t f e i s y e a r ’ s c r o p » ©van t h o u g h i t was d o n e w i t h ?a Bi L r #l u ! i a ? c ? A Best @ y r P ° , 1 c y b a s i c a l l y i s a g a i n s t t h a t a n d ® r e s i s t t h a t 1 f we p o s s i b l y c a n * . 8 A n d t h e r e a s o n why 1s s i m p l e * I t 1s e s s e n t i a l l y a c i r c u l a r p ro p o sitio n . T h a t i s , 1 f we h a v e a g o o d t h a t we e x p o r t i n U r g e p r o p o r t i o n a n d t h e r e s t o f t h e w o r l d w a n t s t o b u y i t , a n d w® c o n t r o l that e x p o r t , a n d , 1 f t h a t s p r e a d s , t h e n , o b v i o u s l y , p e o p le a ro u n d th e w o r l d s a y , " W e l l , I g e t t h i s d o l l a r I n e x c h a n g e f o r t h e t h i n g s that I I m p o r t t o th e U . S . , w h a t can I spend 1 t o r ? b A n d we h a v e always s a i d i t i s c o n v e r t i b l e i n t o t h e g o o d s a n d s e r v i c e s I n t h e la rg e st and m ost d i v e r s e m a rk e t in th e w o r l d . And t h a t ' s a p r e t t y good a r g u m e n t . But i f you w o n 't s e ll th e th in g s th e y w ant m o s t, you a r e u n d e r c u t t i n g t h a t a r g u m e n t . And so t h e v a l u e o f t h e d o l l a r n a t u r a l l y d e c l i n e s , a n d we h a v e t o p a y m o r e f o r t h e s e m a n y t h i n o s t h a t we I m p o r t . A n d so f r o m t h e s t a n d p o i n t o f o u r c o n s u m e r s , t h e c o n s u m e r winds u p p a y i n g t h a t p r i c e . H e m a y n o t p a y i t f o r p r o duct " A ® ; he may p a y i t o v e r h e r e f o r p r o d u c t ® Z . ° But th e r e 's a co n n e c tio n . In o t h e r w o r d s , w e j u s t g o r i g h t a r o u n d i n t h i s c i r c l e a n d w@ m e e t o u rse lve s. So i t i s n ' t a d e s i r a b l e p o l i c y f r o m o u r p o i n t of v i e w or a n y b o d y e l s e ' s p o i n t o f v i e w , a l t h o u g h , i f t h e w o r s t c o m e s t o the w o r s t , we * 1 1 a l w a y s h a v e t © l o o k t o o u r o w n ho me m a r k e t . But the g e n e r a l , b a s i c p h i l o s o p h y o f © o r p o s i t i o n 1 s t o o p p o s e e x p o r t c on tro ls and m a in t a in o u r c o n n e c tio n to th e w o r ld economy in th e s t r o n g e s t w a y t h a t we c a n . f i n a l l y , l e t me c o m e t o t h e i n t e r n a l e c o n o m i c * ok 2 t 0B as t h e y have been announced w it h th e la b e l or P h a s e I V m o s t r e c e n t l y . H e r e we h a v e a p r o g r a m t h a t i s t o u g h as J u d g e d b y t h e i n t e r n a l s t r u c t u r e o f t h e p r o g r a m , t h e d e f i n i t i o n , B a s i c a l l y , o f t h e k in d o f c o s t s t h a t can be p a ssed th r o u g h i n th e form © f p r i c e s . S© i t i s a t o u g h p r o g r a m f r o m t h e s t a n d p o i n t o f U s in te rn a l s tr u c tu r e . S e c o n d , i t is a pro gram t h a t , w h il e i t is somewhat c o m p li cated as a r e s u l t o f t h i s , n e v e r t h e l e s s I t h i n k 1 s made f u n d a m e n t a l l y ?!r ? fey 1 t ; a p r o g r a m t h a t , o n t h e o n e h a n d , 1 $ p h a s e d IS k s t a g e s f o r d i f f e r e n t p r o d u c t s I n o r d e r t© s p r e a d w bulge o f t h e c o s t i n c r e a s e s t h a t i n t h e p i p e l i n e so t h e y d o n ' t f i n come a n d f e l t us a t o n c e a n d g i v e a l i t t l e c h a n c e t o a s s i m i l a t e : nef® c o s t s ; a n d , o n t h e o t h e r h a n d , c o m p l i c a t e d a n d s e l e c t i v e * sense t h a t w h e r e d i f f e r e n t i n d u s t r i e s seem t o b e g e n u i n e l y ! « ! r r ? n t 185 t h ® a ® t u r e 0 f t h e p r o b l e m t h a t we f a c e , w e h a v e t r i e d to Q e s i g n r e g u l a t i o n s t h a t s u i t t h e m s e l v e s t o t h a t i n d u s t r y . The jood i n d u s t r y , o f c o u r s e , i s o n e . The p e tro le u m in d u s tr y is a n o th e r . J * v e b a d « s e p a r a t e a p p r o a c h t o h e a l t h f o r s o m e t i m e ; t h e sail© or c o n s t r u c t i o n , an d so o n . And w here t h e r e a re s p e c ia l p r o b le m s , 1 * 7 ? t r i e d to have a program t h a t 's d e s ig n e d to meet th o s e s p e c ia l to « l e B S i Assd in t h @ p r o c e s s o f b e i n g s e l e c t i v e , o f c o u r s e , a l s o s a y , f u n d a m e n t a l i y and f o r r e a s o n s t h a t I was s u g g e s t i n g i n tn© s e c t i o n o f my r e m a r k s w h e r e I w a s t a l k i n g a b o u t ^ t h e i m p o r t a n c e t [e a s in g su pp ly — fu n d a m e n ta lly to s e le c t o u rse lve s o u t , and*♦ .o u r 05St arsd t@ oyr o u t o f’ wa9e p ric e c o n tro ls , by I d e n t i f y i n g i n d u s t r i e s o r p la c e s where th e i n f l a t i o n n u S I e ® d o e s i | , t s «®® t o b e p a r t i c u l a r l y a c u t e a n d t o e x e m p t t h o s e a? f ? S * r@ls c o n t r o ls , p a r t ly in the In te r e s ts o f g e ttin g ou t ” ® c o n tr o ls , p a r t l y - I n th e in te r e s ts o f not p la c in g unnecessary 2 9 5 m~ burdens on a section of the economy» and partly in the interests of saying 'we have only so much in the way of admlnlstrative effort that can be put Into this» let us put that administrative effort in where it is most needed*6 Änd s© where we find special problems of encouraging supply In the long run -- and long-term coal contracts have been used as an illustration of that -- or where we find that the supply and demand conditions are controlling price adequately — and interestingly enough» lumber right now seems to be a good example of that -- we are just exempting. S© 1t is toughs it spreads the bulge; it is selective in these senses that I have mentioned® and is designed t© give us some grip on the Inflation problem® to use the notion of controls 1n the most effective way m can® but® in the meantime® to work on the budget and the monetary policy® to m r k on the problem of increasing supply® t© maintain our Connections with the world economy and to get the benefits from doing that® so that as time passes we can get ourselves back into a situation where m have a free economy® free agriculture. Änd I might say on free agriculture® I notice agriculture comes in very hard to see that you don't hold the prices down. And we get a lot ©f wailing against government when you're holding prices down. On the other hand® I hadn't noticed so much complaint when government was holding the prices up. And I say that as only typical of everybody. Everybody likes to have It both ways. But we have got to get ourselves into a frame o f iind where we're willing to take it both ways In the interests of the kind of economy that wo really believe in* So that is an outline of our program® as far as the fight on inflation 1s concerned. It's certainly the number one problem m have in the economy. Otherwise® the eeonoiiy looks great. Me v@ got three million mere jobs than m did a year ago. have plant and equipment spending rising® and so on and s© cm and so en. There's a lot of good in the situation. s N o w let me c o m e d i r e c t l y t o y o u a n d f i t y o u r i g h t i n t o picture® a s I s e e I t ® ' c a u s e ® a s I t h i n k i s c l e a r ® f o o d © r i c e s and f o o d s u p p l y a r e r e a l l y a t t h e h e a r t © f t h e i n f l a t i o n p r o b l e m ” n as * t is a f f e c t i n g us r i g h t n ow . And t h i s 1$ an a r e a v w @ th e n o t i o n o f t h e U . $ , and t h e w© r1d econom y i s p e rh a p s tft t s t r o n g e s t o f a n y s e c t o r o f o u r e c o n o m y ® g i v e n t h e v e r y h i g h p r o p o r t i o n o f ©yr agricul t u r a l p r o d u c t i o n t h a t we e x p o r t . .^ Now® ©ur efforts to deal w i t h t h e problem are h e a v i l y ®@ptndtnt ©u the accuracy ©f our e s t i m a t e s © f w h a t i s g o i n g o n . ^ i s not sufficient ©t all to h a v e a g o o d e s t i m a t e o f h o w m u s h fkA u c i ^ ® n there is going t o be 1 n t h e U . S . a n d h o w issueh d e m a n d :"er® ]* 9 ® i m to be 1st the 0. S.® d i f f i c u l t a s t h o s e t h i n g s a r e d^ k i ¥ * ate that m know ing a ll of those u n c e rta in tie s . Th a t Is a D e p a r t m e n t w o r k s on® a n d work on® the A g r i c u l t u r e It's a ve ry Im p o rta n t p a rt o f the In fo rm a tio n needed* B u t i t 1s by no n ie an s s u f f i c i e n t . I t is o b v io u s ly c r i t i c a l to have th e best e s t i m a t e s we c a n of what i s t h e l i k e l y s u p p l y s i t u a t i o n i n o t h e r p a r t s of the w o r l d a n d w h a t 1 s t h e l i k e l y a m o u n t to b e c o n s u m e d in o t h e r p a r t s © f t h e w o r l d . We h a v e to p u t t h i s — a n d I ' m s a y i n g only t h e s i m p l e s t t h i n g s t h a t I * m s u r e e v e r y b o d y h e r e know s b e t t e r than I . B u t it I s s o r t o f t h e m o s t e l e m e n t a l t h i n g t o h a v e t h i s k in d o f w o r l d w i d e i n f o r m a t i o n i n o u r h a n d s s o t h a t w@ c a n r e a l l y understand th e s i t u a t i o n . A n d t h e b e t t e r we c a n u n d e r s t a n d i t . the m o r e i n t e l l i g e n t l y c a n we o p e r a t e o u r p o l i c i e s . And as 1 h a ve seen a d e s c r i p t i o n o f t h i s g ro u p as a group o f p e o p l e w h o s e s t a t i o n s a r e l i t e r a l l y a l l o v e r t h e w o r l d and w h o s e e x p e r t i s e i s d i r e c t l y o n t h i s point, it s e e m s t o me t h a t w. m u s t l o o k t o y o u t o p r o v i d e u s w i t h a c o n t i n u i n g f l o w o f w h a t rig h t a t t h i s moment 1s p e r h a p s t h e m o s t e s s e n t i a l i n f o r m a t i o n I n p u t * I n t e r m s o f w h a t i s g o i n g o n * t h a t we m u s t h a v e i n d e a l i n g with t h e o v e r a l l p r o b l e m o f i n f l a t i o n . So I ' m p l e a s e d t o h a v e had an o p p o r t u n i t y t o m a k e t h i s p i t c h t o y o u a b o u t t h e c e n t r a l role t h a t w h a t y o u can do f o r us w i l l p l a y I n t h e w o r k t h a t l i e s ahead o f u s . A n d I k n o w t h a t we c a n c o u n t o n y o u t o g i v e u s a con tin u in g f l o w o f th e m ost a c c u r a t e I n f o r m a t i o n t h a t yo u can g e t * and n o t o n l y t o g i v e u $ t h e I n f o r m a t i o n t h a t ' s t h e r e * b u t t o hi candid I n d e s c r i b i n g t h e r a n g e o f e r r o r t h a t ' s i m p l i c i t i n I t * so t h a t we k n o w t h a t * w e l l * h e r e ' s y o u r b e s t e s t i m a t e a n d y o u ' r e q u i t e s u r e t h a t ' s r i g h t * o r h e r e ' s y o u r b e s t e s t i m a t e * hut r e a l l y there a r e t r e m e n d o u s u n c e r t a i n t i e s * a n d I t m i g h t be a s l o w a s t h i s sjd i t m i g h t b e a s h i g h a s t h a t * o r w h a t e v e r * so t h a t we u n d e r s t a n d the q u a l i t y o f t h e I n f o r m a t i o n * a s w e l l a s t h e a b s o l u t e n u m b e r t h a t may b e I n v o l v e d . S o * M r . S e c r e t a r y * I a p p a r e c l a t e t h e c h a n c e t o come o v e r here from t h e T r e a s u r y a n d t a l k t o y o u . I n e v e r t h o u g h t when i was n o m i n a t e d ^ f o r s e c r e t a r y © f t h e T r e a s u r y t h a t s o m u c h © f my concern m u l d w i n d up b e i n g a b o u t a g r i c u l t u r e . B u t* you know* you a l w a y s c o m e t o t h e m o s t i m p o r t a n t p l a c e s o o n e r o r l a t e r * a n d »ood h a s g o t t o b e I t r i g h t n o w . Thank you very mush. [A p p la u s e .] SECR ETAR Y BOTZs W e l l * th a n k you v e r y much* S e c r e t a r y aeorgt S h u l t z . I t r i e d t o t e l l you years a g o a g r i c u l t u r e w a s b a s i c . a J y®w g o t t h e l e s s o n . The S e c r e t a r y was r u n n i n g a b i t b e h i n d * n? 4 - s s a i d t h i s i s t h e s e c o n d of four s p e e c h e s h a ' s | ving t o d a y * A n d I s a i d w h e n e v e r I w a s f a c e d w i t h that s i t u a t i o n * ? 2 a v ® tfj® s a m e s p e e c h f o u r t i m e s . B e s a i d * ay @ 1 1 * t h a t ' s w h a t * meant. p [L a u g h te r .] OF Department ofthefREASURY WASHINGTON. D.C. 20220 T E LE P H O N E W 04-2041 Y 789 EMBARGOED FOR RELEASE UNTIL IO ïOQ A.M.f EDTf JULY 27, 1973 TESTIMONY BY THE HONORABLE WILLIAM E. SIMON DEPUTY SECRETARY OF THE TREASURY BEFORE THE SENATE ANTITRUST AND MONOPOLY SUBCOMMITTEE FRIDAY, JULY 27, 1973 Mr. Chairman and Members of the Committee: I am delighted to appear before you today to discuss competition in the oil industry and, in particular, the supply and distribution of petroleum products. I plan to discuss the present voluntary allocation program and possible changes in it; the recent Federal Trade Commission staff report on the structure of the industry; and, finally, the problems of home heating oil which we will face this winter. The Growth of Demand for Energy The first thing to understand is that the demand for energy has been increasing continually while supply has not. With six percent of the world's population, we are consuming 33 percent of the world’s energy. Furthermore, the demand for energy in this country is growing at an annual rate of about four percent and, by 1990, our energy needs will be double S-259 2 those of 1970. Much of this increase in demand will be reflected in an increase in the demand for oil, which has grown, in part, because there has been a shift away from coal to oil and, in part, because of an inability to obtain natural gas, an alternative to oil. Domestic demand for oil has increased from 15.1 million barrels a day in 1971 to 17.3 million this year and will increase to about 21 million in 1975 and to approximately 25 million in 1980. The demand for gasoline in the United States has also been growing faster in the past several years than at any other time in recent history. Since 1968, gasoline demand has risen at an annual rate of about five percent. During the past two years the rate of increase has been about seven percent per year. Part of this rise in demand can be explained by growth in the population, growth in the economy, and the increasing number of cars on the road. There are over 96 million cars in use in the United States today, a gain over last year of more than four percent. Demand has also risen significantly because of the many power-using devices added to cars. These include automatic transmissions, air conditioning, various safety features, and the changes made in automobiles since 1970 in compliance with EPA regulations issued under the mandate of the Clean Air Act. Producers' compliance with these regulations has led to sub stantially reduced engine efficiency. As more vehicles come 3 on the road equipped with safety, emission control, and physical comfort devices, average mileage per gallon will decrease further. An automobile that once got 14 miles per gallon, now gets eight or nine miles. Because new automobiles are not getting the gasoline mileage obtained by their counterparts five and ten years ago, and because we are driving more, gasoline consumption has risen. We are using 300,000 barrels per day more gasoline this year than last year. Failure to Build Refineries While gasoline demand has been growing at about seven percent per year, the volume of crude oil processed by refiners has risen only three percent per year. We are now extremely short of refinery capacity and, at the time of the President's Energy Message, which announced the new oil import program, no new refineries were under construction. more, expansion of existing refineries had ceased. Further Growth in the capacity of the industry had come to an end because the industry found that it was more profitable to invest abroad than in the United States. There were a number of reasons for this: CL) Environmenta1 restrictions and local opposition have made it increasingly difficult to find acceptable sites for new refineries in this country. Because of resistance 4 to refinery siting, it may take three years to obtain»site approvals today, in addition to the three years required for construction. Yet, modern refineries can be designed so that they do not significantly pollute the environment. C2) U, SY oil import restrictions, in the past, created uncertainty as to whether new domestic refineries could obtain sufficient imported supplies of crude oil. As long as the government set import quotas on a year-to-year and, in some cases, on a month-to-month basis, no company was assured of the stability of supply necessary to encourage domestic refinery construction. This impediment ended on April 18 when we terminated volumetric quotas on oil imports. (3) The tax and other economic benefits available to refiners in the Caribbean and in Canada have been more lucrative than similar provisions available in the United States. Deepwater ports in the Caribbean and Canada have also permitted savings in the use of very large crude carriers. For these and other reasons, U. S. refinery construction has been standing still while U. S. demand for refinery products has been increasing, our growing lack of refined products was driven home to the public late in 1972 with shortages of distillates and other heating fuels in various parts of the country. Refineries had to increase their per centage of distillate production and correspondingly, reduce gasoline production. Now we are experiencing gasoline - 5 shortages in various parts of the country despite the fact that gasoline production this year is higher than it has ever been. The Problems of the Independent Oil Companies With this discussion of demand and supply as background, I would like to turn now to the problems faced by the independ ent segment of the petroleum industry. The independent refiners and marketers, especially, are confronted by related but distinct problems. The refiners face crude oil shortages; the marketers, gasoline and fuel oil shortages. To understand how these problems developed, it is important to realize that, until the early 1970's, we had surplus crude oil capacity in the United States. This enabled independent refiners to buy crude oil and build refineries to supply, among others, independent jobbers, marketers, and other wholesale customers. There was also a surplus of gasoline and other products being produced by the major oil companies' refineries. Independent marketers took advantage of the surplus and opened thousands of gasoline stations to sell gasoline purchased in the spot market. Because of bulk purchases on the margin and efficient servicing of consumers, these marketers were able to sell gasoline for a few cents a gallon less than the major oil companies. These independents have had a healthy influence on the petroleum industry by 6 giving consumers a greater choice between price and service. They have made it possible for consumers to buy gasoline at lower prices. The gasoline shortage has hit the independents hardest. In the first place, independent refineries can no longer get adequate supplies of crude oil. They used to obtain domestic crude oil by exchanging their import licenses with the major oil companies. The major companies used the import licenses to import cheaper foreign crude for their own use, while providing the independent refiners with domestic crude oil. In addition, the so-called "sliding scale" method of allocating import licenses under the old system gave smaller refineries more than a proportionate share of the licenses. All this has changed during the last two years. Quoted prices of foreign crude oil are now equal to or higher than prices of American crude sold in the same markets. There is a worldwide shortage of low-sulfur or "sweet" crude. As a result, major oil companies have had no economic incentive to trade their domestic sweet crude production for imported crude obtained by means of the independents' import tickets. Moreover, it is estimated that only 40 percent of the U. S. refineries are equipped to handle high sulfur crude or to convert high-sulfur residual oil to low^-sulfur residual oil. Further, because of local air quality standards, some plants that are designed for refining high-sulfur crude are compelled 7 to use low-sulfur crude. 0 ^ 3 The result is that the independent refineries, particularly those in the midcontinent area, have not been able to get the sweet crude they need and are operating at less than full capacity. Independent gasoline marketers are also in a difficult position. The wholesale market for gasoline has become very tight and many of the independents find it impossible to purchase gasoline wholesale. Hundreds of independent gasoline stations across the country have closed down. Those that can obtain gasoline abroad, find it available only at much prices. This hurts them competitively because their main selling point with the public has been their ability to under price the major oil companies. In the face of these problems, we have gone to great lengths to help protect the independents. Our basic objective has been to balance the need to preserve the independent segment of the petroleum industry with the desire to create a vigorous domestic industry through incentives for construc tion of new refineries in the United States and for exploration for new reserves of crude oil, 8 In the past, the Oil Import Appeals Board (OIAB) would not distribute import licenses in cases of hardship until September of each year. These licenses were, by and large, distributed to the independent refiners and marketers. Early this year, the OIAB began to allocate tickets immediately upon application. allocation. It had soon disbursed its entire 1973 Then, on March 23, 1973, the President issued a Proclamation granting unlimited allocations to the Oil Import Appeals Board in an effort to make more crude oil and product available to both the independents and the Nation. Finally, on April 18, in another Proclamation, the President removed volumetric controls altogether. The government has also been allocating its "royalty oil" to certain independent refineries in need. Under the terms of relatively recent lease sales, the government can collect some of its royalties in cash or in a share of the oil produced on leased lands. In choosing the latter course, it has diverted crude oil from the major to the independent refineries. The Interior Department estimates that the amount of royalty oil accruing from all federal lands is about 225,000 barrels a day. The Secretary of the Interior has decided to take as much of that royalty oil as possible in kind and to distribute it to independent refiners. Although the independ ent refiners are a small segment of the industry, their contribution is significant and the additional supplies of royalty oil are important to their survival. The Voluntary Allocation Program Despite this and other actions, however, we realized that immediate measures had to be taken to assure adequate supplies of crude oil and refined products to independent refiners and marketers. The Congress enacted the Economic Stabilization Act with a provision granting the Administration authority to allocate petroleum and petroleum products. In order to exercise this authority and adopt a mandatory allocation program, however, public hearings had to be held. The Administration felt that the American people could not wait that long. Therefore, it acted immediately and adopted the voluntary allocation program. This program relies on volun- tary compliance with guidelines set by the government. Our purpose was to apportion, as evenly as possible, any curtailent of consumption that resulted from shortages of gasoline 10 and distillates. At the same time, we adopted priorities for farming, food processing, other essential industries, and health and emergency services. Compliance We have found a widespread willingness on the part of the industry to participate in some form of allocation program. There are many companies that are genuinely trying to cooperate, although particular features of the program pose difficulties and, for this reason, different allocation schemes have been adopted. One measure of the degree of compliance by the industry is provided by a recent survey conducted by the National Federation of Independent Business. Of the 2,471 gasoline retailers replying, 2,091 indicated that their suppliers had complied with the guidelines. However, the program is confronted with some legal and supply difficulties. Some companies report that they cannot fully comply with the guidelines because prior contractual arrangements legally commit them to provide fixed amounts of crude or product to certain customers. Others simply do not have enough crude or products to meet base period requirements. Speed and Effectiveness of Assistance The administration of the program is moving forward. Since it was announced on May 10, 1973, we have expanded the program's staff to over 80. jn addition, several agencies 11 of the government have been most helpful in responding to our needs, but their workloads limit the amount of assistance they can provide. We still have considerable staffing, space, and computer problems to resolve. However, we feel that these problems can be remedied in the very near future by further augmentation of our staff and by revising the alloca tion program's guidelines in ways that would limit the amount of workload. Preparations For A Mandatory Program At the same time that we put the voluntary program into place, we also began to prepare for a mandatory fuel allocation program to be adopted if necessary. The measures we have taken to this end include the publication in the Federal Register on May 21 of a notice of public hearings regarding allocation of crude oil and refinery products and the holding of hearings so that the public has an opportunity to express itself on how the program is working and modifications that must be made in it. On June 11-14, 1973, we held public hearings to evaluate the operation of the program. Much has been learned from the administration of the program and from comments by those testifying. We received oral or written testimony from over 100 witnesses, representing a broad cross-section of the industry, iâr p*. 12 state and local government and consumer interests, as well as U. S. Senators and Representatives. We ashed those appearing before us to address themselves to two basic issues: First, based on the experience of the past weeks, how can the voluntary program be improved and made more workable? Second, do we need a mandatory program, and if so, how should it be structured? In general, we learned from these hearings that the voluntary allocation program was working well in some instances and working only partially in others. not working at all. In some cases it was Criticism ranged from insufficient voluntary compliance, to reports of businesses actually closing their doors because of no available supplies of gasoline or fuel oil. We learned that the voluntary program was working much better for refined products than for crude oil. Perhaps most important, we learned that we do need an improved allocation program, possibly with some mandatory features, in order to supply equitably the fuel needs of all segments of the industry. Interestingly, many major oil companies spoke out in favor of a mandatory program, in order to invoke force majeure clauses in their existing contracts, while some independents, particularly the branded jobbers, preferred to retain the existing voluntary program. Many witnesses noted the need to have greater flexibility built into the program. Many wanted a more current base period, 13 while some wanted the government to allow companies to develop their own baste periods and allocation programs subject to government approval ;tc Several stressed that consideration should be given to persons who had supply contracts or were established customers. Others stressed that special considera tion be given to persons who did not have contracts and were spot buyers. Many industry representatives and state and local officials emphasized the needs of particular segments of the country or economy and urged that the priority list be expanded to include these needs. Finally, many major oil companies noted that, although many of their sales were to dealers selling under their brand names, most of these dealers were actually local independent businessmen and, as Such, should be given equal consideration with other independend marketers. Xri light of these reactions, we have now reviewed a number of alternative allocation programs with John Love, the newly appointed Director of the President's Energy Policy Office. (1) These options include: Retaining a voluntary allocation program with suggested revisions; (-2) Adopting a partially mandatory-partially voluntary program; or (31 Adopting a fully mandatory program covering all segments of the industry. 14 No final decision has yet been made by the Administration as to which alternative should be adopted or whether the program should be mandatory or voluntary. In considering a possible mandatory program, there are some general objectives that we would want to pursue: (.1) To the extent possible, the program should be self-administering, although all covered companies must be required to participate. (2) To the extent possible, the program should not conflict with existing business practices or contractual arrangements. (3) Separate programs should be developed for crude oil and for petroleum products and liquefied petroleum gases. (4) There must be priority allocations to various end users of finished products and liquefied petroleum gases deemed to be essential to our Nation. Included among these priority users are independent marketers and distributors, as well as other whole sale customers, supplying priority customers unable to obtain the products they require through the regular allocation program. (5) Further, any mandatory program must preempt various state and local allocation programs. 15 (6 ) Also, any mandatory program should allow force ma jeure provisions in contracts to become applicable, thus terminating, where necessary, existing contractual obligations. (7) . In addition, in no case should a supplier be forced to sell crude oil or product below cost, in this way avoiding a possible legal challenge that the program is confiscatory. (8 ) Finally, there should be sanctions for those companies refusing tg comply with the allocation program as well as incentives for those companies agreeing to comply with it. The final decision on this program now rests with Governor Love, . «,.SSSSID-nX OS 3301'. The Federal Trade Commission Report In your invitation for me to appear here today, I was asked to comment on the recent Federal Trade Commission Report on the relationship between the structure of the petroleum industry and its implications for current shortages. I would like to note at the outset that I have not yet it S f lW iB fli Si! 0 P ill had time to analyze thoroughly this report. I have asked ray staff to prepare an analysis of the report and if the Chairman so desires, I will furnish this Committee with a copy of that analysis. Let me present, however, some initial comments. In the first place, the report singles out eight major oil companies. There are, as you know, at least fifteen to twenty other very large oil companies with integrated operatons, in addition to numerous independents who are partially integrated. Second, the report suggests that an alleged Cause of the gasoline shortage is the fact that the major oil companies have not raised their gasoline prices suffi ciently in an attempt to squeeze the independents' market share. The report notes that "in a normal competitive market a cure for shortage would be for prices to increase... But what has happened here is that the majors have used the shortage as an occasion to attempt to debilitate, if not eradicate the independent marketing sector. They are doing this not by lowering prices in those areas where they compete with independents but simply by not permitting their prices to rise." It is worth pointing out that what the major oil companies have been doing in regard to pricing of gasoline is simply following price 17 control regulations. Generally speaking, the price controls during Phase II applied to major companies, but did not affect independents v Few people realize that the freeze actually continued on major oil product prices from August 1971 through January 1973. During Phase II, the Price Commission allowed price increases for certain refinery products, but did not grant price in creases for two important products — gasoline: Number 2 fuel oil and which together, accounted for over 70 percent of refinery output in this country. Under Phase III, only the prices of the 23 largest companies were directly controlled by the government. However, the effects of these controls were felt throughout the industry. In short, the FTC is right that major oil companies did not raise their gasoline prices, but the obvious reasons for this was federal price controls rather than an anti competitive motive. The FTC's proposal to break up the integrated oil companies by divestiture of refining or producing operations from marketing gives me great concern because of its implica tions for domestic energy supply in the future. 18 Mr. Halverson of the Bureau of Competition has called for "significant divestiture" of refineries and pipelines in the anti-trust complaint against the eight major oil companies. Anti-trust policy is a little out of my line, but I am most concerned about our Nation's petroleum needs and how best to get through the immediate situation facing us. One of the main problems today, as I have already pointed out, is a shortage of refinery capacity. And, I believe that this shortage could be made worse by divestiture. In the first place, it costs a quarter of a billion dollars to build a modern refinery of the type that meets environmental standards, is efficient, can handle high sulfur crude oil, and will produce the products we need. We must build the equivalent of about 60 refineries in the next 12 years if we are going to keep up with projected demand for petroleum products. This will cost about $15 billion. Who has the. ability to build these refineries? part, the integrated oil companies. For the most 19 •Since our announcement of the new oil import program on April 18, 14 companies have, in fact, announced plans for refinery construction or expansion amounting to 2.5 million barrels per day of new capacity. are currently under construction. None of these new plants In most cases, the financing of these plants comes from internally generated funds of the major oil companies plus loans based on the assets, earn ings/ and crude oil sources of these companies. If a major suit were undertaken to separate these companies from their refineries, I have serious reservations about whether the capital could be attracted for expansion of the industry. Moreover, the threat of a suit could delay the much needed construction of new capacity. We simply cannot wait years for the industry to expand its output. Further, divestiture is a two-edged sword. Several inde pendent marketers, have announced plans to build or participate in the building of new refineries. This is a major step forward, not only for the independents, but for the Nation.. Yet, if we force divestiture we shall also prevent the building of these refineries. 20 Heating Oil Supplies While gasoline has been uppermost in the minds of our Nation this summer, we have also been concerned about assur ing adequate supplies of heating oil for next winter. Total distillate demand is now running about 6 percent more this year than last year. The most important reason for this is, undoubtedly, the increased use of Number 2 fuel oil by utilities in order to meet higher environmental standards. As of July 20, fuel stocks held by refineries were about 9 million barrels more than a year ago. were abnormally low in 1972. However, inventories In 1971, distillate fuel stocks were about 10 percent above current levels. As I have indicated, the major reason there has been such a substantial increase in the demand for distillate fuel oil is air quality standards. oil with residual oil. Many utilities are mixing Number 2 Some are actually switching to Number 2 fuel oil altogether in an effort to meet these standards. This is imposing an enormous strain on our productive capa bility and is making it difficult, especially for our independ ent marketers of fuel oil, to obtain needed supplies for their customers. I am concerned about the situation in certain areas such as New England. The New England Fuel Institute reports that as of the first of July of last year seven independent terminal operators had 2,410,000 barrels of Number 2 fuel hO . Y lo d B xb en ifn x J. oil in storage. As of the first of July of this year, however, they had only 355,000 barrels in storage. These terminal operators report that by September 30th of this year they must build up their stocks to 12 million barrels if they are to avoid a fuel oil crisis in New England next winter. I would point out that this situation could have been avoided had various communities in New England allowed the construction of several proposed new refineries during the past five years. These refineries would have been built, incidentally, by independent marketers and, had they been built, not only would New England*s fuel oil shortage be largely resolved, but also the difficulties faced by the independent marketers. Nevertheless, there are steps that have been taken to help resolve the problem this winter. 1. We have already opened up oil imports so that unlimited amounts of fuel oil can be brought in. As a result, imports have totalled about four times what they were in the first six months of last year. enough, But this is not it now appears that in order to avoid a shortage, imports will have to rise to a level of 400,000 to 500,000 barrels a day from now until well into the winter 22 heating season. X see no evidence of this increase and I urge petroleum industry leaders to concentrate on methods for increasing the importation of fuel oil immediately. On our part, we will provide all the assistance that we can. 2. We are, as I have said, working on a more effective allocation program which will help to distribute more evenly supplies of fuel oil throughout the country. It is important to realize, however, that this program will not create any new oil and cannot correct an absolute shortage. 3. Most industry leaders today are calling for a temporary relaxation in environmental standards that are requiring the burning of fuel oil by electric utilities and low sulfur fuel oil in home and industrial uses in areas without serious air pollution problems. if sulphur standards for residual oil in major cities on the East Coast were changed from existing levels of 0.2 or 0.3 percent to 1.0, or even 0.5 percent, we would release a very significant quantity of home heating oil. This change can only be made by EPA and the state governors. However, it is a change which, I believe, is urgently needed and needed now if we are to make plans for importing the needed fuel oil. - 23 License Fee Free Imports Some have criticized the government's establishment of a 50,000 barrels per day license fee free allowance for Number 2 fuel oil imports into District X. They claim that it is inadequate to meet District I's fuel import needs. I do not agree with this position. As you know, on April 18, when the President eliminated volumetric quotas on petroleum imports, he also abolished all tariffs,’ (:ln, their place, the President established a system of license fees. Under the new system, all holders of import allocations in the past were granted, for a time, license fee-exempt tickets in an amount equal to existing allocations. For District I there had been a quota of 50,000 barrels per day and this quota was, therefore, conp p Y ¿ }c * pr £ > '* f t O f ■ *+ pT *T'': vetted, along with all other quotas, into a license fee-free allocation of 50,000 barrels per day. We have made no exceptions for three reasons : 1. We feel very strongly that we had to stop the prad tríce cff granting individual benefits to individual sections of thë*country or industry. This practice led to a patch&' x>n h j c e d P o i 1■ i i & 'i o l ¿100v work, stop-ànd-go oil import program and was one of the reasons why the program broke down. 2. Creating new exceptions for a particular region of the country or a particular segment of the industry 24 could have jeopardized the legal basis of the new oil import program. 3. Further, as I mentioned earlier, weL converted"the OIAB into a workable mechanism for providing license'feeexempt imports to independent segments of the industry experiencing hardship. Since May 1, 1973, the Board has already issued tickets for District I allowing more than 3.2 million barrels of fee-exempt Number 2^ ftiel dil imports. The Board will undoubtedly issue»mote tickets when needed. Conclusion In closing I would say that we have tried to advance energy policies that are responsive to our Nation's, needs. ;,B flJXW prtols On April 18, 1973, the President presented a broad and comprehensive energy message which is a blueprint for action that must be taken. The basic goal of the policies suggested in the message is to assure adequat supplies of I y ; S O X I jOS"I energy in the short run, while also reducing, pur dependence upon foreign supplies in the long run by fostering a vigorous domestic energy industry. td Further, in July, the President announced a $10 billion energy, res^arcfv,,and development program. This program should speed up the development of clean energy products, including synthetic oil and gas from coal, stack scrubbers which will permit us to use more coal without polluting the atmosphere, nuclear power, and research into other sources of energy such as geothermal and solar power, and oil shale. This program* will ^sfcartrto produce results in the early 1980s, as these new, energy s^nrces begin to supply a significant part of our energy needs. We have also initiated a program to triple the acreage on the Outer Continental Shelf made available for oil and gas explora^jj.Qpi7^n^e have asked the Congress for authority to build the badlynneeded Alaska pipeline which, when completed, will result in more than two million barrels of oil a day by 1980. oil imports. This is equal to one-third of current Moreover, construction of the Alaskan pipeline will encourage additional development of Alaskan oil fields. Projectj,c^£fDJndiq§£e that the North Slope has potential reserv0 gag§ §$ muq&cas 80 billion barrels. Eventually, we could achieve an Alaska production of between five and six million barrels a day. Finally, the President has called on all consumers — the Government, industry and the general public — energy. to conserve He has established an Office of Energy Conservation 26 in the Department of the Interior to spearhead this program. The Federal Government is taking the lead : board seven percent cutback in its energy ^t^iizatiioriP Effective conservation measures by both government and the public are essential. In short, we are undertaking long-term measures which, I think, will assure an adequate supply of oil for the Nation and, because of this, an equitable allocation of crude oil and products. It is in this effort that we really need the assistance of Congress. I am basically opposed, as I am sure are most of the Members of this Committee, to the needless injection of government regulation and control into any industry, particularly where there is every evidence of ihtense and healthy competition. I do not want to take-¿riy step wHiCh would discourage private initiative. At the same time, we are in a situation in which we must make decisions on priorities. We cannot afford to let crops go unplanted or unharvested for lack of diesel fuel for ¿hr1 tractori .fD We cannot let our vital industries close do&h£ .;m We canfiot7 endanger public health or safety. And, finally, we should not let the independent segment of the oil industry, which provides competition in the marketplace, be forced to shut down. Thank you. sdas ssii el -0 O0 - .yP- Departmentof th eTR EA S U R Y I h INGTON. D C. 20220 T E L E P H O N E W 04-2041 1 July 30, 1973 ■TTENTION: FINANCIAL ED ITOR |0R RELEASE 6:30 P.M. RESULTS OF TREASURY’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 th'e bills dated May 3, 1973 , and the other series to be dated August 2, 1973 , which were invited on July 24, 1973, lere opened at the Federal Reserve Banks today. Tenders were invited for $2,500,000,000 lor thereabouts, of 91-day bills and for $1,700,000,000, or thereabouts, of 182-day Hills. The details of the two series are as follows: NGE OF ACCEPTED [COMPETITIVE BIDS: High Low Average 91-day Treasury bills maturing November 1, 1973 Approx. Equiv. Annual Rate Price 97.915 97.888 97.897 53# of the amount of 8.248# 8.355# 8.320# 1/ 182-day Treasury bills maturing January 31, 1974 Approx. Equiv. Price Annual Rate 95.732 95.708 95.715 8.442# 8.490# 8.476# 1/ 91-day bills bid for at the low price was accepted 10# of the amount of 182-day bills bid for at the low price was accepted ^OTAL 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 F ra n c is c o TOTALS Applied For $ 32,180,000 3,093,845,000 43,810,000 36,110,000 32,055,000 15,670,000 276,240,000 52,725,000 21,075,000 30,970,000 35,370,000 125,495,000 Accepted $ 22,180,000 2,016,445,000 23,785,000 35,960,000 30,055,000 15,670,000 166,890,000 33,755,000 8,135,000 27,970,000 23,400,000 96,025,000 $3,795,545,000 $2,500,270,000 a/ Applied For $ 21,100,000 2,688,270,000 13,960,000 71,460,000 19,700,000 19,775,000 278,740,000 67,630,000 21,805,000 34,120,000 33,015,000 116,140,000 $3,385,715,000 Accepted $ 10,950,000 1,344,175,000 11,505,000 30,805,000 19,690,000 17,515,000 152,995,000 26,030,000 3,805,000 24,905,000 12,515,000 45,340,000 $1,700,230,000 [/Includes $308,210,000 noncompetitive tenders accepted at the average price of 97.897 [/ Includes $233,005,000 noncompetitive tenders accepted at the average price of 95.715 Ihese rates are on a bank discount basis. The equivalent coupon issue yields are •62$ for the 91-day bills, and 8.98# for the 182-day bills. V kSHINGTON, D C 20 120 T E LE P H O N E W 04 2041 FOR IMMEDIATE RELEASE July 31, 1973 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 $4,300,000,000, or thereabouts, for cash and in exchange for Treasury bills maturing August 9, 1973, of $4,305,425,000 in the amount as follows: 91-day bills (to maturity date) to be issued August 9, 1973, in the amount of $2,500,000,000, or thereabouts, representing an additional amount of bills dated May 10, 1973, and to mature November 8, 1973 originally issued in the amount of $ 1,801,695,000, (CUSIP No. 912793 SCI) the additional and original bills to be freely interchangeable. 182-day bills, for $1,800,000,000, or thereabouts, to be dated August 9, 1973, and-to mature February 7, 1974 , (CUSIP No. 912793 SX5 ). 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 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 clos ing hour, one-thirty p.m., Eastern Daylight Saving time, Monday, August 6, 1973. Tenders will not be received at the Treasury Department, Washington; must be for a minimum of $10,000. $5,000. 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. Fractions It is urged that tenders be made on the printed forms and for warded 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 submit tenders except for their own (OVER) 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 thosi 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 acceptj 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 August 9, 1973, in cash or other immediately available funds or in a like face amount of Treasury bills maturing August 9, 1973. treatment. Cash and exchange tenders will receive equal Cash adjustments will be made for differences between the par value ofl 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 accnj when the bills are sold, redeemed or otherwise disposed of, and the bills are ex cluded 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 for the bills, whether on original issue or on subsequent purchase, and the amoun^ actually received either upon sale or redemption at maturity during the ta x a b le 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. Department of theTREASURY C 20220 ASHINGTON, D.C: î( JW I TELEPHONE W04-2041 July 31, 1973 FOR RELEASE 6;30 P.M RESULTS OF TREASURY NOTE AUCTION The Treasury has accepted $2.0 billion of the $2.1 billion of tenders received from the public for the 4-year 7-3/4% notes auctioned today. The range of accepted competitive bids was as follows: Price High Low Average 99.31 1/ 99.01 99.07 Approximate Yield 7.95% 8.04% 8.03% 1/ Excepting 15 tenders totaling $2,627,000 The $2.0 billion of accepted tenders includes 75% of the amount of notes bid for at the low price, and $0 . 6 billion of noncompetitive tenders accepted at the average price. In addition, $0.6 billion of the notes were allotted to Federal Reserve Banks and Government accounts at the average price, in exchange for securities maturing August 15. ¡Department o f ÌINGTON, D C. 20220 ^T T E L E P H O N E W 04-2041 FOR IMMEDIATE RELEASE August 1, 1973 TREASURY ANNOUNCES ACTIONS ON THREE INVESTIGATIONS UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Edward L. Morgan announced today actions on three investigations under the Antidumping Act of 1921, as amended. In the first two cases there is a withholding of appraisement pending completion of the antidumping investi gations, and in the third case there is a determination of sales at less than fair value. These decisions will appear in the Federal Register of August 2, 1973. In the first case, Assistant Secretary Morgan announced that the Treasury is withholding appraisement on primary lead metal from Australia. This lead metal is used in the production of storage batteries, pigments and chemicals, including gasoline additives. 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. If a determination of sales at less than fair value were made in this investigation, the case would be referred to the Tariff Commission, which would consider whether an American industry was being injured. If both 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 year beginning May 1972, imports of primary lead metal from Australia totaled approximately $11 million. In the second case, the Treasury is withholding appraise ment on racing plates (aluminum horseshoes) from Canada. A final Treasury decision in this investigation will likewise be made within three months. If a determination of sales at less than fair value were made in this investigation, the case would also be referred to the Tariff Commission, which would (OVER) - 2- consider whether an American industry was being injured. During the period of January 1972 through March 1973, imports of these racing plates from Canada totaled approximately $140,000. In the third case, the Department announced that polychloroprene rubber from Japan is being, or is likely to be, sold at less than fair value within the meaning of the Anti dumping Act. This rubber is an oil resistant synthetic rubber particularly suitable for the manufacture of chemical equipment because of its high resistance to chemical action. 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 duties will be assessed on all entries of polychloroprene rubber which have not been appraised and on which dumping margins exist. A notice of "Withholding of Appraisement" was issued on June 14, 1973, which stated that there was reasonable cause to believe or suspect that there were sales at less than fair value. During calendar year 1972, imports of polychloroprene rubber from Japan were valued at approximately $8 million. # # # FOR RELEASE ON DELIVERY STATEMENT OF THE HONORABLE GEORGE P. SHULTZ SECRETARY OF THE TREASURY BEFORE THE JOINT ECONOMIC COMMITTEE THURSDAY, AUGUST 2, 1973 10:00 A.M.,EDT Mr. Chairman and Members of the Joint Economic Committee: It is a pleasure to be here today to participate in your mid-year review of the economy. I recognize that the members of the Council of Economic Advisers participated in an extensive and detailed review with you here yesterday, so I shall limit my opening remarks to a few basic points. In the first half of the year, the economy moved very rapidly toward full employment of its manpower and productive facilities. The pace of domestic economic expansion exceeded expectations and there were unusually large gains in pro duction and employment. Some other developments were far less welcome. The dollar declined in value both in terms of foreign currencies and in terms of purchasing power for U. S. goods and services. It was necessary to resort again to a temporary freeze on S-260 2 domestic prices. These developments testify to the need for policies that will guide the economy on to a much less inflationary path of expansion. There is no mystery as to the correct direction for policies during such a period of intense inflationary pressure. Fiscal and monetary policies must exert a re straining influence. No wage-price control program, however well designed, can achieve its objectives if total spending is pressing hard against productive capacity. In the present situation, there can be no ducking the need for restraint in fiscal and monetary policies if more serious inflationary risks are to be avoided. It is clear that continued control of Federal spending takes on a new urgency. As I stressed in my appearance before your Committee earlier this year, it is critical that the Congress and the Executive Branch cooperate closely in this important effort. This Committee was instrumental in the successful efforts to hold Federal spending below $250 billion during fiscal year 1973. Certainly there have been many differences between the Congress and the Administration over specific Federal program cutbacks and spending reductions, but the important point is that our spending goal was achieved, Together, we now have an even more challenging problem. Inflation has emerged as our Number One economic problem and we must insure that our financial policies are adequately combatting rising prices. Phase IV of the Economic Stabilization Program can help to moderate inflation. The main weapon against inflation, however, remains our financial policies, supplemented b y special measures to encourage increased supplies of goods and services. I would like to emphasize our judgment that fiscal re straint is imperative, and the operational necessity for exerting that restraint on expenditures. We have estimated that fiscal 1974 revenues will approximate the outlay level proposed by the President last January, With the help of the Congress, expenditures can be held to that level, and we can then look forward to a balanced budget. This budget will make available an additional $20 billion for Federal spending over last year’s levels, but it will still require a major effort by both the Congress and the Administration to live within that spending total. Nonetheless, such restraint must be exercised if we - 4 - are to avoid an unacceptable rate of inflation or higher taxes -- or both. The rate of advance in real output during the first half of the year was impressive. However, price performance during the first half of the year was most unsatisfactory. For example, the GNP deflator rose at nearly a 6-1/2% annual rate in contrast to about a 3% annual rate in the last half of 1972. Consumer prices rose at an 8% annual rate in contrast to less than a 4% annual rate in the last half of 1972. Rates of advance in certain components of the wholesale price index, especially for agricultural products and other raw materials, were extremely rapid in the first half of the year. A number of factors combined to trigger this burst of inflation. They include the pressure of rising world-wide demand for basic materials, crop failures abroad, bad weather at home, and repeated threats of price freezes and rollbacks. By late spring and early summer, it became clear that further policy actions would be needed to contain inflation. As you know, President Nixon announced on June 13 the re imposition of a temporary price freeze of up to 60 days' 5 duration. Subsequently, on July 18, we announced the Phase IV controls program which will take effect in stages. Phase IV is a tough program. It is designed to spread the inevitable bulge of post-freeze price increases over a period of some months and to minimize the impact of infla tionary pressures thereafter. The program is designed to fit the special circumstances of certain industries, and some industries will be exempted from price controls based on their own favorable pricing track record. A wide range of important actions have been taken to increase agricultural supplies and will be yielding their benefits later this year and next. In all the circumstances, wage pressures have been moderate and can continue to be if price rises are restrained. Given the essential support of restrictive fiscal and monetary policies, the economy will work its way through to much lower rates of inflation. Since I appeared before you in February, international payments trends have moved toward equilibrium; interim arrangements for exchange market operations have been established; and important steps taken toward international economic reform. n 6 - The exchange rate changes oyer the past two years have laid the foundation for restoring international, and specifically, U. S. balance of payments equilibrium-. That foundation would be undermined if recent rates of inflation were allowed to continue. I am confident we can keep that from happening. Our trade accounts have improved more than might have been expected in a time of rapid growth in this country, Our trade deficit, which was nearly $7 billion in 1972, was only $1-1/4 billion in the first half of 1973, The large ex pansion of agricultural exports has been the most important factor improving our trade balance. have probably reached a peak. Agricultural exports But they will remain at a high level while our industrial trade balance improves. After some turmoil in the foreign exchange markets in February and early March, members of the Group of Ten and the European Community agreed on interim monetary arranger ments until an improved payments equilibrium could be achieved and monetary reform negotiations completed. These interim arrangements reflect recognition of the unusual strains and speculative forces during this period of basic adjustment. Rather than a rigid defense of fixed parities, they permit elasticity in exchange rates in response to market forces. 7 Since that time the currencies of the European Community which are jointly floating have appreciated significantly in relation to the dollar. Indeed, this movement has extended beyond the changes that we and others have felt is necessary to meet the requirements of longer term equilibrium. At the same time the dollar has remained quite stable in relation to the currencies of Canada, Japan, the developing countries, the United Kingdom, and Italy -- countries which account in total for three-quarters of our trade. We and others are prepared to intervene in exchange markets when necessary and desirable, to maintain orderly conditions. I am convinced and this view is shared by most of my colleagues abroad -that the transitional arrangements in place are the best available response to current circumstances. Meanwhile we are tackling the problem of establishing a permanent system with a strong sense of urgency. Two days ago the C-20 Ministerial Committee on International Monetary Reform completed its third meeting. We had a very useful give and take discussion on some of the key issues, and I believe we can begin to see the outline of workable solutions in important areas. Significant differences certainly remain, ~ 8 - but it is clear to me that there is a general will to keep the ball rolling toward an agreed reform, I am particularly encouraged that there appears to be increasing acceptance of certain elements we have felt extremely important, including the need for symmetry in adjustment pressures between deficit and surplus countries and the necessity of backbone in the provisions to assure adjustment in the new system. As had been agreed in advance the meeting was a working session with no communique. I expect that the Committee will be able to summarize in more concrete terms the progress it has made at the annual meeting of the International Monetary Fund in Nairobi at the end of September and that we can proceed thereafter to hammering out a detailed agreement. 0O0 Department of HiNGTON, D C . 20220 ^T TELEPHONE W04-2041 I I /¿.P '1 - ATTENTION: FINANCIAL EDITOR FOR RELEASE AT 6:30 P.M.. EDST August 1, 1973 RESULTS OF TREASURY BOND AUCTION The Treasury has accepted $500 million of competitive and noncompetitive tenders received for its new 7-1/2% 20-year bonds auctioned today. Tenders from the public, all of which were accepted, totalled $260 million, including $26 million of noncompetitive tenders. Tenders of $240 million submitted for Government accounts also were accepted. The lowest price accepted was 95.05, which is the price to be paid by all bidders. This price results in a yield of about 8.00% (to the maturity date of August 15, 1993) . In addition to the $500 million of accepted competitive and noncompetitive tenders, $425 million of the bonds were allotted to Federal Reserve Banks and Government accounts, in exchange for securities maturing August 15, at the price at which other tenders were accepted. oOo August 3,1973 Recom m endations for Change in the US Financial System mm* V /f i /t • Department of the Treasury Washington, D.C. 20220 I August 3,1973 Recommendations for Change in the US Financial System Department of the Treasury Washington, D.C. 20220 TABLE OF CONTENTS Page President Nixon’s Message to the Congress, August 2,1973___________ 1 Summary of the President’s Recommendations________ ___________ 5 Before— and— After Status of Financial Institutions_____________ __ 6 Narrative Explanation: Background of Issues and Recommendations__ 9 Questions and Answers About the Recommendations______________ 15 Effects on Housing of Changes in Financial Structure_______________ 29 U.S. Regulatory Agencies for Financial Institutions_______________ 35 ill OFFICE OF THE WHITE HOUSE PRESS SECRETARY (Embargoed for Release until 12 NOON EDT, Aug. 3f 1973) Jfothe Congress of the United States: Our country depends on a strong, efficient and lexible financial system to promote sound ecoiiomicgrowth, including the provision of adequate jundsfor housing. Such a system is one which al lowsfinancial institutions to adapt to the changg needs of borrowers and lenders, large and inall,and is free to make full use of technological ^novations. Events during the last decade, however, have evealed significant defects in the operations of Dur financial institutions. O n two recent occasions hen the Federal Keserve System moved to re train the economy, it was found that the inade[uaciesof our financial structures created unneces sarilysevere burdens for the business community nd the consuming public. The consumer-saver hs denied a fair market return on his savings, whilethe consumer and small businessman, as bor rowers, often could not obtain adequate funds to jneettheir requirements. The inflexibility of our financial system can be directly attributed to the methods used by the povernment to direct credit flows— methods de igned to meet the depressed economic conditions pfthe 1930’s but poorly suited to cope with the xpansionary conditions of the past decade. In repit years, government regulations have limited efficiency and flexibility of our financial sysrm-Ironically, those regulations that were de ignedin part to keep a steady flow of funds mov ingmto housing loans actually served to diminish flow, severely penalizing both the borrower, rho could not find funds, and the saver who re rived an unfairly low return on his savings. As the Government tries to play its proper role r building a better financial system, we must proW with one basic assumption:the public interF isgenerally better served by the free play of competitive forces than by the imposition of rigid N unnecessary regulation. B y law, thrift institutions— a category primar ily composed of savings and loan associations but also including mutual savings banks— were creat ed to provide funds for housing by maintaining large holdings of residential mortgages. However, earnings on holdings of previously acquired mort gages do not respond to changes in market inter est rates. W h e n market rates rise, the ability of thrift institutions to attract funds is limited and their ability to lend additional mortgage money is diminished. Attempts to alleviate this problem by restric tive laws and regulations have achieved very little at great cost. The main technique has been to im pose ceilings on the interest rates that financial institutions could pay savers for funds. The re sult, however, has often been a reduction in the flow of deposits to financial institutions. In many cases, in fact, deposits have been withdrawn so that they could be invested in higher yielding se curities. Thus interest ceilings that were intended as a protective shield for the housing market turned out instead to be an additional burden. Interest rate ceilings proved harmful to Amer icans both as savers and as borrowers in the late 1960’s. Because the interest rate ceilings for de posits were often below market interest rates, small savers, who depended on banks and other savings institutions, were denied a fair rate of re turn on their money. O n the borrowing side, small er increases in savings deposits resulted in a sharp drop in loan funds available to consumers and small business firms. Since financial institutions were prohibited from paying better interest rates, they were forced to compete for customers in other ways. Much of the public had to settle for so-called “free services” or even offers of consumer goods when in fact they may have preferred to receive higher interest on their deposits. In addition, such competition often led to increases in operating costs which prevented 1 lending rates from declining when credit condi tions later eased. Finally, because of reduced inflows of savings, thrift institutions cut back on their mortgage lend ing or borrowed from Federal H o m e Loan Banks which had to pay market rates for their funds. Although the Federal Government stepped in and picked up some of the slack, mortgage flows were still disrupted. Recognizing the need for action on all these problems, I appointed a Presidential Commissionon Financial Structure and Regulation during m y second year as President to study this entire mat ter and to make recommendations for reforming our financial institutions. The Commission’s report identified quite precisely the causes of rigidity and instability in our financial institutions. Its rec ommendations were of major assistance in our fur ther deliberations concerning the best ways to cor rect the weaknesses in our financial system. The time to correct those weaknesses has come. Our current efforts to fight inflation and preserve the value of the dollar at home and abroad require strong financial markets. Without strong markets, the American public will be forced once again to bear excessive burdens. If we do not act promptly, there is every reason to believe that those burdens will be even greater in the 1970’s than they were in the 1960’s. E d u cated by the last two credit crunches and by con stant advertisements about interest rates, even the small saver will shift his funds to places offering higher yields. As market rates rise aboye passbook ceilings and the saver shifts his funds to obtain the higher interest rates, the result may be that lit tle loan money is available from financial institu tions. In keeping with that analysis, I will propose to the Congress legislation designed to strengthen and revitalize our financial institutions. These proposals may be divided into seven major areas : (1) Interest ceilings on time and savings savings deposits should be removed over a 5 year period. (2) Expanded deposit services for con sumers by federally chartered thrift institu tions and banks should be allowed. (3) Investment and lending alternatives for federally chartered thrift institutions and banks should be expanded. (4) Federal charters for stock savings and y2 2 loan institutions and mutual savings bar should be permitted. (5) Credit unions should be provided wit! greater access to funds. (6) F H A and V A interest ceilings si be removed. (7) The tax structure of banks and thrii institutions should be modified. These recommendations would achieve thebasf reforms our financial system requires. They reprj sent the best suggestions from many differed sources— from the Presidential Commission from business, Government, consumer and acj demic communities. The first five of these recommendations areI signed to provide increased competition amonf banks and thrift institutions. Such competitor would help to eliminate the inequities now impose upon the small saver and borrower. M y recommeij dations, and the increased competition that woul follow, should reduce the cost of the entirepacka of financial services for the consumer. Furthe* more, the saver would be assured a fair returnol his money. In addition, thrift institutions wouf be strengthened, so they would no longer needtlj Government support required in the past. Recommendations 6 and 7, along with the oth^ recommendations, are designed to promote quate funds for consumer needs, including houj ing finance. It is clear that interest ceilings ol F H A and V A mortgage loans have failed tokeef costs down, as evidenced in part by the widj spread use of discount “points.” At the same tin! these ceilings have restricted the flow of privaf funds into mortgage markets. I will urge thati| dividual states follow our lead and remove sin* lar barriers to housing finance wherever such baj riers exist. The final recommendation would substantial! broaden the base of housing finance. AlthougL the final details have yet to be worked out, acti| consideration is being given to the creation ofI income tax credit tied to investments in housnf mortgages. Such a credit would be available to¡1 lenders and could vary in direct proportion totff percentage of invested funds held in the form | such mortgages. These recommendations are not the only stea being taken to strengthen the housing financemaj ket. In m y State of the Union Message on Coi| munity Development of March 8,1973, I pledged that this Administration would undertake a com prehensive evaluation of our housing policies and programs and would recommend new policies to eliminate waste and better serve the needy. A n in teragency task force, under the leadership of Sec retary Lynn, is now completing that task, and m y recommendations will be presented to the Con gressin the near future. My recommendations on restructuring financial institutions represent a coordinated approach to thischallenge, and I urge that they be considered asa package. For example, removing interest ceil The W h it e H o u s e , ings will not make a positive contribution unless banks and thrift institutions can expand their de posit and lending services. Flexibility and effi ciency will be enhanced by placing competing in stitutions on a roughly equal footing with regard to three essential considerations: deposit powers, lending powers, and tax burdens. Finally, the tax recommendation and the removal of F H A and V A interest ceilings will help ensure more ade quate funds for housing. The need for reform of our financial institutions is pressing. I urge the Congress to give these proposals its prompt and favorable consideration. August 2, 1973. 3 SUMMARY OF THE PRESIDENT’S RECOMMENDATIONS I Events during the latter part of the 1960’s [showed that U.S. financial markets are illlequipped to deal with periods of credit restraint. JAs interest rates rose because of inflation, thrift ■institutions faced a severe profit squeeze which ■threatened to cut off funds for housing. I Attempts to alleviate the crisis by regulation, Imainly the imposition of ceilings on the amounts [financial institutions could pay for funds, failed |tokeep funds flowing into the institutions at pre viouslevels. Interest ceilings adversely affected the public Idirectly and indirectly. In their role as savers, for jwhom the thrift institution was a major place at jwhich to save, consumers were denied a market Irate of return on their money. Moreover, thrifts beduced in a disproportionate manner the avail ability of funds to consumers and small business [firms. Less direct, but equally costly to the public, in terest ceilings contributed to severe setbacks in effortsto meet our housing objectives, and helped make the Federal Reserve’s attempt to combat in flationwith monetary policy needlessly costly and [complicated. The time to correct those defects in our finan cial structure is now. Current efforts to fight in flation and preserve the value of the dollar at home and abroad require strong financial institu tions. Without them, there is every reason to believe that the burdens of credit restraint will be even greater than before. Financial institutions are to be strengthened by phasing out Regulation Q over a year period; permitting all federally chartered banks and thrift institutions to offer a full range of check ing and savings accounts, and permitting feder ally chartered thrifts to offer consumer and real estate related loans in competition with banks. Housing finance will be strengthened by the elimination of Federal Housing Administration and Veterans Administration interest ceilings and by a tax credit to all taxpayers investing in resi dential mortgages. The dual banking system will be preserved and strengthened. Federal Reserve requirements on “checking” accounts will apply only to members of the Federal Reserve and Federal H o m e Loan Bank systems. Federal charters will be available for stock thrift institutions and for savings banks. Credit unions are to be strengthened by broad ened asset and liability powers and by access to a new source of liquidity administered by the N a tional Credit Union Administration. 5y2 5 517-349 0 - 73 - 2 BEFORE AND AFTER STATUS OF FINANCIAL INSTITUTIONS COMMERCIAL BANKS BEFORE AFTER Deposit Powers payments of interest : severe restrictions on all types of deposits. 51 /2 year phase-out of restrictions, then interest freely determined. However, no interest on de mand deposits. savings accounts :individuals only. savings accounts: full powers; individual and corporate. demand accounts : full powers ; individual and corporate. demand accounts: full powers; individual and corporate (no change). Negotiable Order of Withdrawal (N.O.W.) accounts :not permitted. N.O.W. accounts :full powers ;individual and cor porate. Lending and Investment Powers re re real estate loans: severe restrictions col lateral, loan size, maturity and method of re payment. real estate loans :modest restrictions collateral, loan size, maturity and method of payment; pirn community rehabilitation loans under a 3 percent leeway authority. equities: holdings severely restricted. equities :holdings severely restricted (no change). Taxes tax credits :none. tax credits : special tax credits for investing in residential mortgages. Chartering alternatives federal :yes state :yes federal: yes 1 , mm no change state: yes J J Branching national banks : 1state law governs location state banks : Jof branches. national banks: 1 state law governs location of state banks: J branches (no change). I Summary Consumer interests penalized. Opportunities to compete for funds limited and prohibitions restrict direct participation in housing and real estate finance. Absence of mortgage in vestment incentives given S & L ’s. 6 Consumer interests given high priority. Virtuallyl unlimited opportunities to compete for funds; rej striction against housing and real estate finance modified, and positive incentives for such inves ment, identical to those given S & L ’s. THRIFT INSTITUTIONS BEFORE Deposit AFTER Powers payment of interest:severe restrictions on all types of deposits. 51/2 year phase-out of restrictions, then interest freely determined. However, no interest on de mand deposits. savings accounts:full powers;individual and corporate. savings accounts: full powers; individual and corporate (no change). demand accounts:not permitted. demand accounts: full powers; individual and corporate. N.O.W. accounts:not permitted. N.O.W. accounts: full powers; individual and corporate. Lending and Investment Powers loans for housing and closely, related areas. plus loans for housing and closely related areas; (on a limited basis) consumer loans; real estate loans under same conditions as commercial banks ; construction loans not tied to permanent financ ing; community rehabilitation loans under a 3 percent leeway authority. commercial loans permitted only to extent they are closely related to housing. equities : no acquisition of private sector issues. equities :no acquisition of private sector issues (no change). securities: no acquisition of private debt securities. securities: limited acquisition of high-grade pri vate debt securities. Taxes loan loss deductions: preferential treatment compared to banks. loan loss deductions :will move to experience basis ; same treatment as banks. tax credits :none. tax credits: special tax credits for investment in residential mortgages ; significant incentive to re tain high percentage of portfolio in residential mortgages. ¡Chartering a lte rn a tiv e s federal :mutual associations only. federal: mutual and stock associations. state: mutual and stock associations. state: mutual and stock associations (no change). Branching federally chartered : governed by F H L B B federally-chartered: governed by F H L B B change). (no state-chartered: governed by state law state chartered: governed by state law change). (no 7 THRIFT INSTITUTIONS— Continued BEFORE AFTER Summary Consumer interests penalized owing to prohi bitions against service competition and en forced specialization between thrift institu tions and banks. Consumer interests strengthened by availability^ of new sources of supply of both deposit services and lending services and the promise of direct price competition between thrift institutions and banks. Opportunities to compete for funds limited and little ability to withstand tight-money pressures without substantial government support. Virtually unlimited opportunities to compete fon funds. Ability to withstand tight-money pressures strengthened, minimizing need for government! rescue operations. 1 Bacl< Pl demi accoi p opi CREDIT UNIONS rectLending and Investment Powers :amo] |Con| less severe restrictions. severe restrictions. ofIt Chartering alternatives demi j conversion to mutual thrift institutions per serve conversion to Mutual Thrift Institutions not ber 1 mitted. permitted. was Sources of Liquidity the1; of tl private sector institutions, N C U A - a d m in i S ' private sector institutions only. tered Central Discount Fund for emergency] sum< St temporary liquidity purposes only. esto itw< Taxes n ot tax-exempt (no change). tax-exempt mon sour rates prob reme plus I with meni (EF twee tent p.o, won acco' cum ffieai tem depc 8 NARRATIVE EXPLANATION: BACKGROUND OF ISSUES AND RECOMMENDATIONS Issue 1 PAYMENT OF INTEREST ON DEPOSIT ACCOUNTS Background Prohibitions against the payment of interest on demand deposits and interest ceilings on savings accounts were initially a product of the 1930’s. The popular notion at that time— since proved incor rect— was that excessive interest rate competition among banks was the cause of bank failures. Thus Congress, with the enactment of the Banking Act of1933, prohibited banks from paying interest on demand deposits and authorized the Federal Re serve Board to regulate the rate of interest m e m berbanks may pay on savings accounts. That era was also characterized by an orientation toward theborrower, in an attempt to bring the nation out of the Depression, rather than toward the conIsumer/saver. Studies of the prohibition of payment of inter eston demand deposits have shown the reasons for itwere ill-founded. Moreover, the prohibition has pot kept bank costs from rising during tightmoney periods because banks have developed other sources of funds for which they have paid market rates. Unfortunately, misconceptions about the prohibition are so widely and strongly held that removal is not feasible. However, development of “negotiable order of withdrawal” (N.O.W.) accounts and the develop ment of “electronic funds transfer systems” (EFTS) can be expected to blur the difference be tween demand and savings accounts to such an ex tentthat the prohibition will become meaningless. p.O.W. accounts provide most of the benefits that would be derived from interest-bearing checking accounts without forcing banks to pay interest on current demand deposits. They also allow banks a means of experimenting before any move to a sys tem where interest is explicitly paid on demand deposits. Working with the money flow theories of the 1930’s,Congress, in September 1966, turned to in terest ceilings to protect the deposit holdings of thrift institutions and thus the flow of funds into mortgage markets. It enacted legislation giving the Federal H o m e Loan Bank Board ( F H L B B ) and the Federal Deposit Insurance Corporation (FDIC) authority to regulate, in conjunction with the Federal Reserve Board (FRB), interest pay ments made by the institutions they supervise. The three supervisory authorities then agreed to formalize the historical interest differentials paid by thrift institutions over those paid by commer cial banks at about 50 basis points (reduced to 25 basis points on July 5,1973). Interest ceilings on savings accounts have failed to achieve their objectives. Contrary to expecta tions, they did not protect the liquidity of thrift institutions by preventing an outflow of funds dur ing periods of tight money, and thus did not pro duce funds for the mortgage market. Large savers enjoyed many alternatives for their savings which paid the higher market rates and reacted accord ingly. Faced with a loss of funds, thrift institu tions cut back on their mortgage lending or bor rowed from especially created agencies, which had to pay market rates for their funds, or did both. The result was significant instability in mortgage markets, and accentuated differences between the rate of return to large and small savers. Ironically, even though the small saver received less than the large saver, the cost of funds to thrift institutions rose appreciably. Ceilings did force those who, due to their unsophistication or small savings, had only limited outlets for their savings to accept less than market rates. However, large savers who withdrew their funds had the option of acquiring debt issues of Federal H o m e Loan Banks at market rates. Funds raised in that man ner were then relent to thrift institutions at rates which were generally above deposit rates. Interest ceilings also hampered the implemen tation of restrictive monetary policy. Because de pository institutions could not attract funds, large and increasing credit flows were moving outside the banking sector. The base on which the Federal 9 Reserve operates decreased in relative terms, and its restrictive policies had to be made increasingly stringent at the same time that they became in creasingly ineffective. Formalized interest differentials may have pre vented, to some extent, a shift of deposits from thrift institutions to commercial banks. If they did, the interest differential helped to maintain the viability of thrift institutions. That does not neces sarily imply, however, that the differentials will be effective in future periods of high and rising interest rates. Educated by the last two “credit crunches” and by constant advertisements about interest rates, even the less sophisticated savers will shift their funds to the highest yield if market rates greatly exceed the passbook ceilings. Such shifts began occurring in the summer of 1973. Thus it is increasingly unlikely that interest ceilings or differentials will continue to protect thrift institutions. Additionally, large corpora tions, which are not subject to ceilings, have al ready successfully experimented with smalldenomination capital debentures— e.g., savings bonds. Any corporation or governmental unit is a potential competitor for the savings dollar. Sav ings institutions therefore must be allowed to com pete for these funds if they are to continue to pro vide their intermediation function. Should “free-competition” for funds cause some institutions to make imprudent lending and invest ing decisions, the situation can be remedied effec tively through actions of the federal and state supervisory authorities. Blanket regulation of the entire deposit industry, geared to*the lowest com mon denominator of management competence, is neither justified nor desirable. Recommendation The payment of interest on demand deposits will remain prohibited for all institutions. Regulation Q is to be phased out over a period of five and one-half years. Parity of interest ceil ings between commercial banks and thrift institu tions is to be achieved by raising the rate per mitted banks in four annual steps commencing 18 months after enactment of the recommendation. At the same time, preparations can be made for the complete elimination of interest ceilings on time and savings accounts. N.O.W. accounts are to be subject to ceiling rates so long as the ceiling system remains in force. Such 10 ceilings are to be uniform for banks and thrift institutions and may be no higher than the maxi m u m rate on passbook accounts. Administrative decisions on the actual levelsof ceiling rates will be made by a coordinating com mittee composed of the FDIC, the FHLBB, the FRB, and the Treasury Department. Issue 2 EXPANDED DEPOSIT LIABILITY POWERS AND RESERVES Background The elimination of preferential interest rate treatment for thrift institutions will necessitate adjustments in the structure of their deposit lia bilities and assets so that they will be able to com pete with commercial banks and other seekers of the savings dollar. Additionally, the decreasing effectiveness of interest ceiling differentials and technological innovations that blur the traditional lines between savings accounts and demand de posits are actual developments which call for the same remedy. In the area of deposit powers, federally insured thrift institutions are prohibited by law from of fering third-party payment services (i.e.bona fide checking accounts) but they may issue non-negotiable orders of withdrawal. For their part, commercial banks are prohibited from offering savings accounts to their corporate customers. Such accounts were prohibited by the F R B in 1936 on the theory that they represent the indirect payment of interest on demand deposits. (Section 19 of the Federal Reserve Act prohibits member banks from paying interest directly or indirectly on demand deposits.) Those constraints upon federally insured thrift institutions and member banks can be effective! only in a world where all thrift institutions oper-l ate under the same rules and where there are rela tively high costs attached to shifting funds fronj savings accounts to demand deposits. If that ever were the case, it no longer is so. Non-federally chartered thrift institutions in Massachusetts an N e w Hampshire are offering negotiable order o withdrawal (N.O.W .) accounts which are tanta mount to and near-perfect substitutes for interest bearing checking accounts. Such a system is made possible by advances in computer technology which enable any institution to offer customers low-cost rapid transfers of funds from checking to ¡savingsaccounts and the reverse. ! It seems imprudent to try to block those inno vativechanges sought by the consumer. Innovative minds will always find ways around piecemeal re strictions. However, if commercial banks and thrift institutions are permitted to offer the same (range of services, some suggest that they should operatesubject to the same ground rules. The more important of those rules covers the holding of re serves against accounts subject to third-party payments. Imposition of comparable deposit reserves on allbanks and thrift institutions is controversial. Comparability does not exist now, and differences between the Federal Reserve and the individual states on the issue of reserves is one of the im portant factors keeping the dual banking system alive.Of the 509 state-chartered banks opened for business in 1970 through 1972, only 30 joined the Federal Keserve System. However, Federal Reserve member banks hold approximately 80 per!centof all demand deposits. There are substantive Iadvantages to maintaining the dual system, par[ticularly the advantages and innovations of comIpetitive regulation and the avoidance of overly [restrictive chartering policies. I Recommendations For federal thrift institutions, checking ac counts, third party payment powers, credit cards, and N.O.W. accounts will be available to all cus tomers, individual and corporate. For national banks, saving accounts and N.O.W. accounts will be available to all customers, indi vidual and corporate. All federally chartered institutions and all state chartered institutions which are members of the Federal Reserve System or the Federal H o m e Loan Bank System will be required to maintain reserves against deposits in demand and N.O.W. accounts in a form and amount prescribed by the FKB after consultation with the F H L B B . State chartered savings and loan associations insured bythe Federal Savings and Loan Insurance Cor poration (FSLIC) need not be members of the Federal Home Loan Bank System, just as state chartered banks need not be members of the Fed eral Reserve System. N.O.W. deposits will be subject to the same range of reserves as demand deposits. However, the F R B after consultation with the F H L B B may establish a different level of required reserves for N.O.W. accounts. Required reserves for demand deposits and N.O.W. accounts will range from 1 to 22 percent. Those for savings acounts will range from 1 to 5 percent and those for time accounts will range from 1 to 10 percent. For state chartered institutions F D I C and F S L I C statutes will be changed to permit com petitive equality, if such equality is sanctioned by state law. Issue 3 EXPANDED LENDING AND INVESTMENT POWERS Background The removal of interest ceilings and the grant ing of a greater range of deposit powers can be expected to alter significantly the maturity struc ture of thrift institutions deposits. Those changes on the liability side require flexibility for compen sating adjustments on the asset side. Such compen sations should look to increasing income and enhancing liquidity through portfolio diversifica tion— objectives that can be achieved only through the acquisition of shorter term and more diversi fied assets, such as consumer loans. Opening up those areas to thrift institutions can be expected to create downward pressures on the cost of credit to consumers and governmental bodies. It might be argued that such significantly lib eralized lending authority may curtail the flow of funds into housing. That issue is not easily re solved, but the Administration’s task force con cluded that the expansion of powers, coupled with the suggested tax changes, should not adversely affect the supply of mortgage funds. It is impos sible to give definitive support to that position be cause theoretical arguments on both sides abound. The key seems to be the extent to which: (1) thrifts will shift long-term funds into short-term (non-mortgage) assets, and (2) the extent to 11 which that shortfall would create market induce ments encouraging other institutions (e.g. com mercial banks and real estate investment trusts) to fill the gap. In its study of the issue, an Adminis tration housing study group, chaired by the Coun cil of Economic Advisers, concluded that the former would likely be small and that the latter would operate, leaving mortgage flows unaffected. The possibility that commercial banks may fill the gap will be enhanced if current restrictions on their real estate lending are removed, especial ly in light of the removal of interest ceilings on savings accounts. Furthermore, commercial banks will be confronted by thrift institutions armed with a full range of consumer finance powers and, therefore will need to be more attentive to mort gage credit demands if they are to hold their cus tomers for other consumer business. However, since housing has a high social prior ity, it seems advisable to place some restrictions on the acquisition of “non-mortgage” assets and to increase the number of ways thrifts can par ticipate in financing construction activity. In ad dition, changes are also being recommended in the taxation of banks and thrift institutions to assure a steady flow of funds into housing. Since the impact of the proposed changes on the availability of mortgage funds is so important, a synopsis of the Administration’s task force study on this matter will be found later in this booklet. line procedures established by the FHLBB. Such investments are not to exceed 10 percent of total assets, with the maximum limitation to be setat2 percent in the firstyear and growing to 10 percent at the rate of 2 percent per year, over a 5-year period; (6) utilize for consume* loans the unused por tions of authorized investments in private corpo rate debt (commercial paper and debt securities) and leeway loans;and (7) continue the acquisition of a full range of U.S. Government, state and municipal securities. National banks will be granted: (1) liberalized powers with respect to realestate loans; (2) a leeway authority, not to exceed 3 percent of total assets, for community rehabilitation and development and mortgage loans on residential and related properties, including a participation in rental income, or a share of capital gains on the sale of property. The F R B is to be granted more flexible author ity to define assets eligible for discount, and the F H L B B is to be given expanded authority to broaden the definition of collateral required for advances to savings and loan associations. Issue 4 Recommendation Federal savings and loan associations will be authorized to : (1) make consumer loans not exceeding 10 per cent of their total assets ; (2) make real estate loans under the same con ditions as commercial banks ; (3) make construction loans not tied to perma nent financing (i.e.,interim construction financing as offered by banks) ; (4) make community rehabilitation and devel opment and mortgage loans on residential and re lated properties, including a participation in rent al income or a share of capital gains on the sale of property, but with this leeway authority not to ex ceed 3 percent of their total assets ; (5) acquire high quality commercial paper and private investment-grade corporate debt securities in accordance with approved-list and other guide 12 CHARTERS FOR THRIFT INSTITUTIONS Background The dual banking system has contributed a great deal to the more efficient operation of fi nancial markets. It has permitted an element of competition among supervisory authorities which has been conducive to innovation and experimen tation by financial institutions. In addition, ithas restrained supervisory authorities from overzealously protecting existing firms by restricting entry to the field. The dual banking system is, however, incom plete. Federal charters are not available to mutual savings banks and federal law explicitly prohibits the federal chartering of savings and loan associations. Both types of institutions have been operating in a more than satisfactory manner at the state level for a number of years. There areno stock obvious reasons why federal charters should not beavailableto them. Recom m endation The F H L B B is to be empowered to charter stock thrift institutions, granting them powers identical to those enjoyed by mutual savings and loaninstitutions. Newly empowered federally chartered thrift in stitutions may be called either “savings and loan associations” or “savings banks.” State chartered mutual savings banks may con vertto a federal charter and be granted all of the assetand liability powers available to all federally charteredthrift institutions. In addition, they may retaintheir life insurance, equity investments and corporate bond investments. Equity and corporate investments may be no greater than levels deter mined by their average percent of assets for the 5yearperiod January 1,1968 through December 31, 1972. State chartered mutual thrift institutions which convert to a federal charter will be insured by the FSLIC, even if they had been insured by the FDIC. Issue 5 CREDIT UNIONS Background Credit unions represent a small but rapidly ex panding portion of the nation’s financial system. At the end of 1972, there were about 23,200 credit unions holding total assets of more than $24.8 bil lion.That represents only a 4.4 percent increase in thenumber of firms since 1965, but a 134.6 percent increase in their assets over the same period. Because of their cooperative form of ownership credit unions enjoy, by law, many advantages not accorded other depository institutions, but must satisfyspecial conditions to keep those advantages. Their principal advantage isexemption from in come taxes, while the main constraint on their op erations is inability to offer services to non-mem bers. Membership is limited to those who share a common bond of association.” That constraint does not impinge upon the op erations of the vast majority of credit unions. Al though there are credit unions that would prefer to offer the services of “mutual saving institu tions,” such an extension of powers would leave them indistinguishable from taxable institutions and their tax-free status could not be justified. Credit unions deposit in and borrow from com mercial banks. However, there is the possibility that in times of severe credit restraint, a credit union may face an emergency, such as a plant closing, and be unable to acquire short-term funds from the banking system. A totally-credit-unionfinanced “Emergency Fund” might be one method to solve this problem. Recommendation A Central Discount Fund will be established for insured (federal or state) credit unions solely to provide funds to meet emergency, temporary liquidity problems. Capital for the fund will be obtained through subscriptions by credit unions wishing to join. The Fund is to be administered by the National Credit Union Administration. Additionally, there will be some minor liberal ization of existing credit union powers. Credit unions will retain their tax-exempt status as long as they remain within the bounds of the existing tax law. Credit unions that want to expand their services and assume the burdens of full service mutual thrift institutions will be permitted to do so. Proce dures to facilitate an exchange of charters will be available. Issue 6 FHA AND VA INTEREST CEILINGS Background One of many federal attempts to keep the cost of housing funds low is the administrative interest ceiling placed upon Federal Housing Adminis tration-insured and Veterans Administrationguaranteed mortgage loans. Those attempts have by and large failed, as is evidenced by the wide spread use of “points,” and the move by the Fed eral National Mortgage Association in 1968 to a “free market system” for buying and selling mort gages. If administrative rates have kept costs down, it has been at the expense of fewer funds available for housing. 13 517-349 0 - 73 - 3 Recommendation The F H A and V A interest ceiling will be re moved. , Issue 7 TAXES Background In light of the expanded powers to be granted thrift institutions and the overall goal of reducing the degree of functional specialization among fi nancial institutions, the basic objective of the tax proposals is a uniform tax formula for all finan cial institutions. A “tax neutrality” is sought, by providing that a given investment or activity will be subject to the same income tax provisions re gardless of the functional type of financial insti tution making the investment or engaging in the activity. However, differences in tax treatment, and thus overall tax burden and effective rates of taxation among financial institutions, will continue to exist. Those differences will result from three factors: (1) the form of the institution, i.e., m u tual bank versus capital stock corporation; (2) federal and state regulation which will grant cer tain types of institutions the power to make cer tain investments and engage in certain activities that are denied to other institutions; and (3) the extent to which an individual institution uses the powers granted to it. The principal difference between existing in come tax provisions applicable to commercial banks and savings institutions is in the area of de ductions for additions to a reserve for losses on loans (Internal Revenue Code sections 593 and 585). Those provisions must be changed if there is to be a uniform tax formula. Furthermore, if changes are made in that area, conforming amend ments will have to be made to a number of other provisions of the Internal Revenue Code which currently reflect the differences of existing law. Those other changes are technical in nature and do not involve policy considerations. Therefore, the recommendations which follow deal only with the provisions affecting deductions for additions to a reserve for losses on loans. If the current subsidy being provided thrift institutions through the special bad debt reserve 14 provisions is eliminated, a continued incentive to insure a flow of capital into the residential mort gage market may be provided through a mortgage interest tax credit. Such a credit would be equal to a percentage of the interest income earned on residential mortgages and would operate as a di rect incentive in place of the indirect incentive currently being provided through provisions forj loan losses. In addition, the mortgage tax credit could be used to compensate thrift institutions for the loss of tax benefit resulting from elimina tion of the special bad debt reserve deduction. Recommendation The special reserve provisions applicable to thrift institutions will be eliminated and allthrift institutions will compute reserve additions under an experience method similar to the one applicable| to commercial banks. Thrift institutions will be compensated for the tax benefit being eliminated by means of a new tax credit equal to a percentage of the interest earned from residential mortgages and other qualifying loans. The credit will be made avail able to all taxpayers and will serve as an incentive to attract capital into the residential mortgage market. The size of the credit has not yet been decided, but it will be calculated so as to give thrift insti tutions full compensation for the tax benefit they would have received in the aggregate (based on projections for a future year) through deduc tions for additions to a reserve for losses on loans. To induce thrift institutions to continue their high level of investment in residential mortgages (to be eligible for the special bad debt,reserve de duction they currently must invest 60 percent of their assets in qualifying real property loans and must invest 82 percent of their assets in such loans to receive the maximum tax benefit) and provide an incentive to other lenders to increase their level of investment in residential mortgages, the credit will be multi-level. For example, one rate might apply to those lenders who invest more than 70 percent of their assets in residential mort gages, a lower rate might apply to those lenders investing more than 50 percent of their assets m residential mortgages and still lower rates migOt be set for all other lenders. The specific rates and the investment levels have yet to be determined. QUESTIONS AND ANSWERS I Payment of Interest on Deposit Accounts (Regulation Q, etc.) Q. What are the current regulations governing the payment of interest on demand deposits? A. Payment of interest on demand deposits by any insured bank is prohibited by federal statute, 12U.S.C. 1828g. Q. When and why was the payment of interest on demand deposits barred ? A. Payment of interest was prohibited in 1933 in the belief that deposit rate competition con tributed to bank failures. Subsequent studies have failedto support that belief. Q. What is the legal basis for the current regu lations governing the payment of interest on time and savings accounts? A. Federal law empowers the FEB, the FDIC, and the F H L B B to limit by regulation the pay ment of interest on time and savings deposits. Ceil ingrates may be varied in accordance with deposit size,maturity, location of institution and any other basis deemed desirable in the public interest. Q. When was that authority first granted those regulatory bodies? A. The current broad grant of authority was firstenacted in September 1966 at the time of the severe liquidity crisis. Q. W h y was itenacted ? A. It was believed at that time that ceilings on deposit rates would hold down the costs of deposit institutions (primarily S & L ’s) thereby alleviating thesqueeze on their profits and maintaining them asviable suppliers of funds for housing. However, theceilings failed to provide a protective shield. Q* What isKegulation Q? A. Regulation Q is a regulation issued by the nRB, under the authority mentioned above, gov- eming the payment of interest by member banks on time and savings deposits. Q. Are other regulatory bodies empowered to set interest ceilings for the depository institutions they supervise ? A. Yes. Under the legislation originally passed in 1966, both the F H L B B and the F D I C may set interest ceilings on the time and savings accounts of the institutions they supervise. Extension of that authority until December 31,1974, iscurrently before Congress. Under current authority the F D I C has promulgated 12 C F R 7829.6 and the F H L B B 12 C F R 526. Q. Are the same regulations applicable to com mercial banks and thrift institutions? A. Not entirely. The ceiling rate permitted thrift institutions is now generally ¿5 basis points higher than that permitted commercial banks. There are no ceiling rates on certificates of deposit of $100,000 or more, or on 4-year deposits of $1,000 or more (up to 5 percent of time and savings de posits) . Q. Has the differential between what commer cial banks and thrift institutions can pay for time and savings accounts been due to a law or to ad ministrative action? A. Administrative action. Q. W h y are thrift institutions given an inter est-rate advantage ? A. Because of the prominent role they play in funneling funds into housing markets. Q. W h y is elimination of that differential now being proposed ? A. The total package of recommendations con tains other and more efficient means of encour aging financial support for housing, principally through the mortgage tax credit. Q. What is a “N.O.W.” account and how does it differ from a demand deposit ? 15 A. A N.O.W. account is a negotiable order of withdrawal offered by mutual savings banks in Massachusetts and N e w Hampshire. In essence, they are checks drawn on savings accounts in those institutions. N.O.W. accounts differ from demand deposits in that such accounts bear interest and legally a bank does not have to honor iton demand. Q. W h y are you recommending the payment of interest on accounts that are essentially demand deposits while continuing the ban on interest pay ments for demand deposits ? A. Given the long period in which banks have not paid such interest they will need time to ex periment with interest-bearing transaction ac counts. Maintaining a distinction, however small, between N.O.W. accounts and checking accounts gives banks time for experimentation. If interest could be paid immediately on demand deposits, it is believed that banks with their exist ing large balances of demand deposits would start paying interest on them and S & L ’s would never have a chance to attract such deposits. Also, many banks would feel that they were being forced by the government to pay such interest. A n d finally, by allowing N.O.W. accounts rather than interest on demand deposits we have introduced a degree of gradualism into the new world of paying interest on demand deposits. Q. W h y do you want to phase out Regulation Q ? A. W e want consumer/savers to have the full benefit of market interests and thus to receive a fair return on their savings. Interest ceilings on time and savings accounts have inhibited financial institutions from compet ing with the rest of the capital market for funds, particularly during periods of credit restraint. Q. If you eliminate Regulation Q, won’t we have the same type of cutthroat interest rate competi tion that led to numerous bank failures in the 1930’s? A. No. The statement that interest rate competi tion led to bank failures has not been supported by the evidence. There is little if any evidence that pure interest rate competition led to bank failures. The cause was, instead, poor investments. If irresponsible deposit rates, inaugurated by isolated banks, should lead them to invest unwise ly, this can best be handled on a case-by-case basis by the supervisory agencies. There is no point in 16 penalizing all savers and all institutions for po tential abuses by a few. Interest rate ceilings in the past have proved to be discriminatory to the small unsophisticated saver while not really protecting the individualin stitutions. Q. If you allow ceiling rates to increase, won’t this mean higher rates on mortgages and bank loans? A. Not necessarily. A number of interrelated factors have to be taken into account : 1. The interest rate for loans is determined by a market that is separate from the one which de termines the interest rate for deposits. Although these two markets are indirectly related, they do not necessarily move in unison. 2. The market for mortgage loans is a long-term market, while the market for deposits is short and medium term. 3. To argue that removing Regulation Q will mean an increase in the average cost of funds for institutions is to assert that the Regulation has been effective in holding down the average cost of funds to the institutions. This has not been the case. What has happened has been a tiltin theyield curve with the average remaining about what it would have been otherwise— i.e.,short-term Regu lation Q rates have been depressed (savings accounts of small consumers) while the longer maturity deposits (big C D ’s) have been dispropor tionately bid up due to the intense competition by institutions for these relatively scarce deposits.We might expect this yield curve to “untilt” and thus not necessarily increase the average cost of funds to institutions. 4. However, the overall Regulation Q ratesmay go up and loan rates may go up. But if this hap pens, there will merely have been a redistribution of income from borrowers to savers. W h o isto say that the consumer savers should not receive a fair return on their savings? Q. W h y not remove Regulation Q immediately? A. S & L ’s,due to their portfolios of substantially all long-term mortgages frozen into fixed rates,do not have the ability to immediately start paying free competitive rates. They must be given a couple of years to adjust their portfolios so as to shorten the maturity of some of their assets (i.e.,consumer loans) and improve their overall yield. Il thrifts to make consumer loans and business loans related to real estate. Expanded Deposit Liability Powers and Reserves Q. What are the major differences in deposit liability powers between commercial banks and thrift institutions? | A. All thrift institutions, both federal and state chartered, offer a full range of savings account servicesto all customers, individual and corporate. However, thrift institutions may not offer demand deposit services. A major exception is the N.O.W. accountoffered by mutual savings banks in Massa chusetts and N e w Hampshire. A m o n g commercial banks only member banks of the Federal Reserve System may not offer a full range of both demand and savings account services to all customers. Member banks may not offer savings account serv icestotheir corporate customers. That prohibition isa regulation promulgated by the FRB. State chartered non-member banks are subject to state law on the issue of corporate savings accounts. Q. W h y have differing deposit liability powers forcommercial banks and S & L ’s been established ? A. It has been generally believed that the longer maturity structure of thrift assets, vis-à-vis com mercial banks, demands a longer maturity struc ture of deposit liabilities. Hence the general pro hibition against S & L ’s offering checking accounts. Q. W h y the recommendation that the differ ences in deposit liability powers between S & L ’s andcommercial banks be eliminated? A. It will be beneficial for consumers and small businessesto be offered a full range of services by allinstitutions which wish to do so. The elimina tion of current differences is part of the overall planto make thrifts more viable financial institu tions.By possessing all the powers needed to com pete for deposit funds, thrifts will no longer re quirethe great rescue operations used in the pash Q* Will changes in their liability powers re quire changes in their asset powers? A. Yes. Permitting thrifts to have shorter-term liabilities requires that they possess shorter-term assets. Recommendations put forward by the President include proposals that would permit Q. Will these changes in liability powers mean changes in their deposit reserve responsibilities? A. Not necessarily. If thrifts are members of the F H L B B system, and membership will be volun tary for state chartered institutions, reserves on their transaction accounts (demand and N.O.W. accounts, but not time and savings accounts) will be imposed by the FRB, after consultation with FHLBB. Q. Will that be the same treatment accorded commercial banks? A. Members of the Federal Reserve system will be subject to the same requirements on their trans action accounts as members of the F H L B B system. Again, membership will be voluntary for state chartered institutions. Q. Will there be any differences between the reserve requirements for thrifts and commercial hanks? A. Yes. Current reserve (liquidity) require ments on time and savings deposits of thrifts will not he altered. Those on the time and savings ac counts of commercial banks will be altered. Q. Before we get into these changes what are the current limits on reserves ? A. Currently, the F R B is empowered to set re serve requirements on demand deposits from 10 percent to 22 percent for so-called reserve city hanks and from 7 percent to 14 percent for all other banks. Q. W hat are the requirements in effect today ? A. As of M a y 31, 1973 reserve requirements on demand deposits were deposits ($ millions) 0-2 2-10 10-100 100-400 over 400 reserve requirements (%) 8 10 12 13 17% Q. W hat will the new reserve requirements be ? A. They will range from 1 to 22 percent on transaction accounts (including demand and 17 N.O.W. accounts), 1 percent to 5 percent on sav ings accounts, and 1 percent to 10 percent on time accounts. Q. In what form will reserves be held? A. For Federal Reserve and F H L B B members, reserves will be held in a form and amount to be prescribed by the FRB. Q. Are reserve requirements imposed on savings accounts? A. Yes. Currently, member banks of the Fed eral Reserve system are subject to reserve require ments on savings accounts. Such reserves may range from 3 percent to 10 percent. At the moment the requirement for all banks is 3 percent. Non member banks are subject to state law. Q. Are there any reserve requirements on time deposits and certificates of deposit? A. Members of the Federal Reserve system must hold as reserves 3 percent of such deposits for the first $5 million and 5 percent for deposits over $5 million. Recently, the F R B imposed an 8 percent marginal reserve requirement (the regular 5 percent plus a supplemental 3 percent) on fur ther increases in the total of (a) outstanding cer tificates of deposit of $100,000 and over issued by member banks, and on (b) outstanding funds ob tained by a bank through issuance by an affiliate of obligations subject to the existing reserve re quirement on time deposits. The 8 percent mar ginal reserve does not apply to banks whose obli gations of those type aggregate less than $10 million. Q. What proposals are being made for reserves on time and savings accounts in commercial banks ? A. For member banks reserve requirements on savings accounts will range from 1 percent to 5 percent and those on time accounts will range from 1 percent to 10 percent. State law will pre vail for nonmember banks. Q. What is the difference between savings ac counts and time accounts ? A. Generally, the two differ in terms of the amount of time funds must remain on deposit and the rules governing withdrawal of funds. 18 For savings accounts, the depositor is not re quired by contract to leave funds on deposit for any specified period of time nor to give noticein writing of an intended withdrawal. However, the depositor may at any time be required by the bank to give at least 30 days notice. For time accounts, the depositor agrees to leave funds on deposit for a specified minimum period of time and for many types of time deposits must give prior notice of withdrawal. Q. Will new reserve requirements be imposed on time and savings accounts in thrift institutions? A. No. The liquidity reserves imposed by the state or the F H L B B , whichever is applicable, will continue. Q. Although the F R B imposes reserve require ments only on member banks, are you recommend ing that it set reserve requirements for all feder ally insured banks ? A. No, not all of them. The F R B will have au thority to set, in consultation with the FHLBB, reserve requirements on transaction accounts of members of the F R and F H L B B systems. Q. W o n ’t that recommendation bring some thrift institutions under the control of the FRB? A. Only with regard to reserve requirements on transaction accounts. There is no way to estimate at this time how many F H L B B thrifts will offer transaction accounts. Q. Are there any reasons for preserving the dual banking system ? A. Yes. The dual system creates 52 laboratories for experimentation in bank regulation. Experi mentation has taken place in areas of ancillary bank services and capital adequacy to the ad vantage of the banks and the public. In addition, the availability of alternative chartering agencies has resulted in increased competition and more service for the public. Q. W h y is it that state chartered banks which are not members of the Federal Reserve System do not have to hold the same reserves as the system members ? A. The history of our banking laws has been one of dual regulation of state chartered banks and federally chartered banks. W e do not wish to damage this very healthy system of dual banking- By providing a choice of chartering and super visory agencies to banks and S & L ’s, we have fostered an innovative and progressive banking system. We believe that states have the right to regulate their own banks so long as such regulation does not unduly interfere with the implementation of monetary policy which is, of course, a federal re sponsibility. From a practical point of view, most state banks hold reserves roughly equivalent to those of F R member banks. However, unlike the member banks, they are frequently able to put suchreserve balances to productive use. Q. Summing up, how will this decision on re serves affect financial institutions? A. National banks— no change. State Federal Reserve System member banks— no change. State non-member banks— no change. Federal S & L ’s— must hold reserves against de mand deposits and N.O.W. accounts; no change on savings and time deposits. State S&L’s— if member of F H L B B (which al most all will remain), same as above. If not FHLBB member, state banking authorities will setreserve requirements. It is hoped they will be thesame as for banks. Mutual savings banks— same as for Federal and State S&L’s. The new ranges within which the Fed may set thereserve level are: demand deposits and N.O.W. accounts — 122 percent savings — 1-5 percent time — 1-10 percent III Expanded Lending and Investment Powers Q. What is the general purpose of expanding thelending and investment powers of thrift insti tutions and banks ? A. Generally, the expansion is part of the over allplan to make thrifts more viable financial in stitutions. More specifically, changes on the lia bility side require compensating adjustments on the asset side aimed at increasing income and en hancingliquidity. Those objectives can be achieved only through the acquisition of shorter term and more diversified assets, such as consumer loans. Opening up those areas to thrift institutions can be expected to create downward pressures on the cost of credit to consumers and governmental bodies. Q. What are the current limitations on lending and investing by thrift institutions ? A. This can be answered precisely only about federally-chartered S & L ’s, since there are so many laws covering state-chartered institutions. Currently, federally-chartered S & L ’s are gen erally restricted to making loans related to hous ing and real estate. There are two exceptions to that rule. First, they may make passbook loans, that is loans to account holders secured by the deposits in their accounts. The size of loan is limited to the amount of funds in the account. Second, thrifts may make loans to individuals to pay for college, university or voca tional expenses. Those loans are limited to 5 per cent of assets. Generally, S & L ’s are precluded by law and reg ulation from acquiring private sector debt obliga tions other than mortgages. They may, however, acquire the stock of so-called service corpora tions— corporations designed exclusively to pro vide related services such as data processing. Q. W hat expanded lending and investing powers are being recommended for federal savings and loan associations? A. Federal S & L ’s will be authorized to make consumer loans; make construction loans not tied to permanent financing; make community reha bilitation and development and mortgage loans on residential and related properties, including a par ticipation in rental income or a share of capital gains on the sale of property ;acquire high quality commercial paper and private investment grade corporate debt securities; utilize for consumer loans the unused portions of authorized invest ments in commercial paper and securities, and in community rehabilitation and development and mortgage loans. Q. What expanded lending and investing powers are being recommended for national banks? A. National banks will be granted liberalized powers with respect to real estate loans, and au19 thority to invest in community rehabilitation and development and mortgage loans on residential and related properties, including a participation in rental income or a share of capital gains on the sale of property. Q. W h y should thrift institutions be given expanded lending .authority ? A. This will allow them to pay the market rate for deposits by shortening the maturity and di versifying the composition of their assets, and in creasingthe yield thereon. Q. W o n ’t this diversification divert money from the home loan mortgage market ? A. The C E A study referred to earlier in the discussion of issue 3 concluded that such curtail ment will not be significant in view of the other powers being extended to thrift institutions. More over, commercial banks can be expected to take up some of whatever slack does occur if current restrictions on their real estate lending are re moved, particularly in light of the elimination of interest ceilings on savings accounts. Q. W h y are strict percentage-of-asset limita tions being set on thrift institutions’expanded in vestment powers ? A. Since housing has a high social priority, it seems advisable to place some restrictions on the acquisition of non-mortgage assets and to in crease the number of ways thrifts can participate in financing construction activity. IV CHARTERS FOR THRIFT INSTITUTIONS Q. W h y are there no existing provisions for federally-chartered stock thrift institutions? A. At the time the federal law was enacted sav ings and loan associations were looked upon sim ply as self-help cooperatives, and there was thought to be no role for stock savings and loan associations. tory as that with mutuals; therefore there isno good reason for the present statutory ban on fed eral charters. It is also believed beneficial tohave a dual option of chartering and supervisory agen cies to avoid two problem areas which emerge when a particular type of financial institutioncan be chartered by only one agency:first, the agency may become overzealous in protecting existing firms;second, the agency may not be as innovative and imaginative as it should be in exercising its authority. Q. Under the recommendations will there be any difference in activities permitted stock S&L’s, mutual S & L ’s, mutual savings banks, and thenew savings banks? A. Under the recommendations all federally-] chartered thrift institutions will have essentially the same asset and liability powers. “Savings bank” will just be an alternative title availableto newly empowered federally-chartered thrift in-j stitutions. However, state-chartered M S B ’s which convert to a federal charter will be able to retain their life insurance, equity investments and corpo rate bond investments. This will enable them to maintain their customary investments which will not be available to other existing or newly char tered federal thrift institutions. Q. W o n ’t allowing M S B ’s to convert and retain their investments undermine a dual banking sys tem? A. No. Allowing mutual savings banks, which can now be chartered in 18 states and Puerto Rico, the option to convert to a federal charter and maintain their customary investments will en hance the dual banking system. Allowing them to retain their investments upon conversion will give them a real option between either remaining under their present state supervisory agency or coming under a federal supervisory agency. V CREDIT UNIONS Q. W h y is it being recommended that Federal charters now be granted to stock thrift institu tions? Q. WTiat is a credit union, and what privileges does it enjoy ? A. Presently 21 states charter stock savings and loan associations. Experience with stock savings and loan associations has been at least as satisfac A. A credit union is a cooperative nonprofit organization of individuals with a com m on bond of occupation, association or residence. The credi 20 special Lion’s objectives are to promote thrift among its Lembers and to provide them with a source of ¡credit at reasonable rates of interest. Credit unions Ljoy an income tax-free status since they are non profit organizations. Q. Are federal and state charters available to [credit unions ? A. Yes; credit unions may be incorporated Lnder a federal law or under the laws of 44 states. | Q. What resources are available to federal credit unions now to meet temporary liquidity problems? A. Credit unions may use their investments or increase their direct borrowing from other credit unions and private sources such as commercial banks. However, to qualify for federal insurance, creditunions are limited by a ceiling on aggregate borrowing from all sources. velopment; those on loans guaranteed by the V A are set by the Administrator of Veterans Affairs. The ceiling on FHA-insured and VA-guaranteed loans was recently raised from 7 to 7 % percent. Q. What was the purpose of having interest ceil ings on F H A - and VA-backed loans ? A. F H A insurance is intended to enable persons of modest incomes to more easily obtain residential mortgages. Ceilings on F H A and V A loans were imposed with the assumption that borrowers under these programs would pay reasonable rates of interest. Q. W h y are you recommending the elimination of those ceilings ? A. The establishment of a Central Discount Fund (CDF) to be administered by the National Credit Union Administration is being recom mended. It would provide funds to meet the tem porary liquidity problems of its members. A. Experience has shown that the administra tively set ceilings lag behind market rates for con ventional mortgages. This has meant that either F H A - and VA-backed loans become unavailable during periods of rapidly rising interest rates, or the effective rate of interest on these loans is raised above the ceilings by the practice of charging “points,” in effect buying the loan at a discount. Ending the ceilings will eliminate this practice and enable persons who rely on F H A - or VAbacked financing to obtain mortgages during periods of high interest rates. Q. Will non-federally-chartered credit unions haveaccessto the C D F ? Q. W o n ’t elimination of the ceilings lead to a rise in mortgage interest rates ? Q. What is being recommended to meet emer gency problems ? insured A. Yes. All credit unions, either federal orstate, may become members of the Fund. Q.How will the C D F be funded ? A. The capital for the Fund will be supplied through subscriptions by member credit unions. (Presumably additional funds could be provided through the issue of debt obligations and from the deposits of credit unions as recommended by the Hunt Commission.) VI fha a n d v a in t e r e s t c e il in g s Q- What are the current Federal Housing A d ministration and Veterans Administration interestfilings on mortgages and who imposes them ? M Interest ceilings on FHA-insured loans are setby the Secretary of Housing and Urban De A. At present, the interest rates on F H A - and VA-backed mortgages rise with market rates on conventional mortgages through the uise of “points” (or mortgage money becomes unavail able). Elimination of the ceilings is not expected to increase the rate of interest charged on these mortgages but is expected to provide a stead ier supply of funds for mortgages during tight money periods. effective Q. W h y won’t there be a phase-out period for these ceilings, as is planned for the interest ceil ings on time and savings deposits ? A. The removal of interest ceilings on F H A and VA-backed mortgages isnot expected to sharp ly affect interest rates charged on mortgage loans so their removal should not disrupt the mortgage market. Some fear that the removal of ceilings on time and savings deposits may lead to substantial ly higher interest rates on those deposits. Rather than expose financial institutions to perhaps dam- 21 aging and sudden competition for those funds, a period of adjustment will be provided, during which these institutions will be able to learn through experience what rates are needed to at tract necessary funds without damaging their vi ability. Q. Will removal of F H A and V A interest ceil ings eliminate all usury-type barriers to mortgage financing? A. No. Currently, many states employ usury ceilings in the mortgage area. It is the Adminis tration’s hope that states which impose such ceil ings will move toward eliminating them as soon as possible. During periods of severe credit strin gency, arbitrary ceilings below market rates can keep funds from mortgage markets. VII TAXATION Q. W h y are changes being recommended in the taxation of banks and thrift institutions? A. The purpose is threefold: (1) to assure a steady flow of funds into housing; (2) to achieve a tax neutrality by providing that the income from a given asset will be subject to the same tax provisions, regardless of the functional type of financial institution holding the asset; and (3) to place competing institutions on an equal footing. Q. What are the current special reserve provi sions which apply to thrift institutions and how do they differ from the reserve provisions apply ing to commercial banks ? A. The principal difference between existing in come tax provisions applicable to commercial banks and savings institutions involves deductions for additions to a reserve for losses on loans. Cur rently, thrift institutions are granted more favor able terms than commercial banks. Q. Will the recommendations completely elimi nate all differences in taxation between thrift in stitutions and commercial banks ? A. Generally, yes. The special reserve provi sions applicable to thrift institutions will be elim inated, and all thrift institutions will compute re serve additions under an experience basis rule of the type currently applicable to commercial banks. 22 Q. H o w will thrift institutions be compensated for his tax loss ? A. Thrift institutions will be compensated for loss of the tax benefit by means of a new tax credit! equal to a percentage of the interest earned from residential mortgages and other qualifying loans! Q. Would the proposed mortgage interest tax credit be available to all lenders? A. Yes. Q. What are the current provisions of tax law with regard to the treatment of loan losses of thrift institutions ? A. In computing taxable income, all depositin stitutions may deduct from gross income an ex pense item called additions to reserves for bad debts. Currently, thrift institutions may, in calculat ing that expense item, use the same methods avail able to commercial banks or, in the case of quali fying real property loans, a special method de signed to increase the after-tax profitability of their mortgage holdings. Under the second alternative, thrift institutions may deduct, for the year 1973, up to 49 percentof taxable income. Between 1973 and 1979 that maxi m u m figure will be reduced gradually to 40 perj cent. To obtain the maximum deduction permitted by law, at least 82 percent of a thrift institution’sj assets must be in so-called eligible assets. As the amount of eligible assets declines so does the per cent of gross income which may be deducted asa business expense. If the percentage of eligible assets falls below 60 percent of total assets, the special method isnot available. With regard to non-qualifying loans, bad debt! reserve deductions are made under the samel ground rules as are applicable to commercial! banks. Q. What changes in the tax treatment of “addi tions to reserves” are being recommended? A. As of the effective date of the legislation, alll deposit institutions would operate under the pro visions now available to commercial banks. Q. What are those provisions ? A . Banks may deduct amounts in accordance with an “experience method” or a “percentage o eligible loan method.” j Under the “percentage of eligible loan method,” the amount to be deducted is the amount necessary to brin g the level of the reserve for bad debts up to a sp e cifie d percentage of eligible loans. That percentage is currently 1.8 percent but will be reduced to 1.2 percent in 1976 and to 0.6 percent in 1982. This method will cease to be available after 1988. Under the experience method, the amount to be isthe amount necessary to bring the level of the reserve up to an amount reflecting the actual |loss experience for the current year and preceding 5years. deducted Q. When thrifts convert to the provisions avail able to banks, will the level of their reserves be low enough to permit them to deduct loan losses as a business expense ? A. Generally, no. Q. Will thrifts be given any special treatment asaresult? Highly technical changes in the tax law made so that thrifts will continue to be able to deduct additions to reserves for bad debts as a business expense. However, the amount of the deduction will be substantially lower than that which is available under current law. Thrift in stitutions will always be able to receive a deduc tion fo r actual loan losses. A. Under current law a thrift institution is en titled to the special bad debt reserve deduction with respect to all (defined to include all loans secured by an interest in improved real property or secured by an inter est in real property which will be improved from the proceeds of the loan). Improved real property includes residential property such as a single fam ily home or apartment house as well as office build ings, shopping centers, warehouses, hospitals or other health, welfare, or educational facilities. Based on 1971 figures, approximately eight per cent of loans made by S & L ’s were not secured by an interest in property. In the case of M S B ’s virtually all of their mortgage loans were secured by an interest in residential real property. The proposed mortgage interest tax credit is qualifying real property loans residential limited to interest income from residential mort gages,,but is designed to compensate thrift institu tions for the tax benefit they presently enjoy with respect to all real property loans. A. Y e s. will be the proposed changes in tax law de to equalize the effective tax rates or tax Q. A re signed burden ? No. The object of the recommendations is to create a tax neutrality with regard to the lending and investment activities of deposit institutions. Under the proposal, differences in effective tax rates and burden will continue to exist. Such dif ferences will result from a combination of three factors: (1) the form of the institution (i.e. mutual vs. capital stock corporation); (2) differ ences in federal and state regulation governing the permissibility of certain investments and an cillary activities; and (8) the extent to which the individual institution utilizes the powers granted A. to it. Q- What is the background of the bad debt re serve deduction? Q. If the credit is limited to residential mort gages, what loans would be excluded? A. All mortgages secured by an interest in com mercial and industrial property, and loans secured by an interest in educational, health or welfare in stitutions or facilities including facilities used to house students, residents, patients, employees or staff members of such institutions or facilities. Q. What effect will the proposal regarding bad debt deductions have on student loans ? A. Under current law, student loans are one of the types of investments that a thrift institution may make in order to meet the 82 percent test which will entitle it to the maximum bad debt deduction. However, the percentage of taxable in come method is available only with respect to qualifying real property loans and does not in clude student loans. Under the proposed change, the bad debt reserve deduction with respect to student loans will be un affected. However, since thrift institutions will no longer be required to maintain a specified percent age of assets in eligible assets, student loans will be classified as consumer loans, for which there will be ample lending authority. 23 VIII MORTGAGE AND HOUSING MARKETS Q. Is the mortgage lending industry viable with its existing structure and regulations ? A. W e take “viability” to mean the ability to withstand the effects of cyclical changes in credit market conditions without the need for massive Federal supportive intervention. A conclusive case that the industry is not viable cannot be made on the basis of available evidence, but there appears to be a high enough probability to warrant attention. The instructive value of 1966 and 1969-70, the last two complete occasions when mortgage markets were under severe pressure, is not easily assessed, since many structural and regulatory changes have taken place over the last few years. The chance of severe harm to thrift institutions has to some extent been moderated since 1969 by the improvement of the secondary market for both conventional and insured mortgages and by im provements in government sources of emergency liquidity. Moreover, thrifts and banks are now able to offer a “no-ceiling” deposit (minimum $1000 and 4 years) to the small consumer. O n the other hand, there seems to be a general awakening of savers to the various forms of holding wealth alternative to deposits at thrift institutions. In addition, new alternatives to savings accounts have emerged in the last two years. O n balance, it appears that if present institu tional arrangements were to continue, there would be good cause for concern about large-scale reduc tions in deposit inflows when market rates climb appreciably. Q. H o w can we make the mortgage lending in dustry more viable without increased Federal support ? A. B y implementing the balanced program of broadened asset and liability powers for financial institutions and restructuring tax support for res idential mortgage lending. Q. What are the present forms of government activities relating to housing and mortgage mar kets, including taxation ? A. Federal assistance to housing now takes two forms: (1) direct assistance to low-income persons building, buying or occupying dwellings and (2) 24 a number of general tax incentives, some with ac companying restrictions, designed to encourage those same activities. T w o major incentives are! the deductibility of mortgage interest paid from homeowner’s taxable income and the favorable manner in which savings institutions can add to bad debt reserves (beyond the levels warranted by losses) in return for the restriction that a high portion of their assets be held in residential real estate mortgage loans. Q. H o w will Federal expenditures and tax pref erences change if the President’s recommenda tions are implemented ? A . The President’s recommendations would not affect the structure of any direct program, butj would substitute a tax credit for the bad debt pro vision for thrift institutions, and would make the residential mortgage tax credit available to alltax payers. The amount of existing bad debt prefer ences for thrift institutions was estimated to be $545 million in fiscal 1971. If the tax credit isset at a level which does not alter the taxes paid by thrift institutions, the overall tax subsidy to hous ing will be larger since other investors will utilize the tax credit. If the overall subsidy is maintained at the current level, thrift institutions would re ceive less of the tax subsidy, with other holders of residential mortgages receiving the remainder. Since the outlays in some Federal direct pro grams are positively related to mortgage rate lev els, these would rise if rates increased and decline if rates decreased. If a mortgage tax credit ises tablished in such a way as to compensate for the loss of subsidy through the bad debt reserve treat ment, residential mortgage interest rates should not be higher as a result of this package. Indeed if anything they should be lower, as the tax credit would benefit all holders of mortgages. This would reduce direct Federal outlays on housing support programs. Q. H o w would adoption of the President’s rec ommendations on expanded powers affect mort gage markets both in the long run and cyclically? A . The overall impact of the proposed changes on the mortgage market depends upon the relative magnitudes of twTç>opposing effects. First, expanded asset powers for thrifts, in and of themselves, might reduce the supply o f mort gage funds from those institutions. However, the reduction w^ould be small. Elimination of interest rate ceilings for com mercial banks would increase competition for sav ings and loan associations and mutual savings banks and thus contribute to the negative effect. | On the other hand since thrift institutions will ¡beable to provide a broad range of consumer serv ices,they would be in a stronger position to attract (savings deposits. Since a good portion of these (deposits would go into mortgages, the mortgage market would benefit. Finally, the rate of personal savings in the econ omy might well increase, providing more funds forallfinancial intermediaries. It is believed that the effect on mortgage flows of all these nontax factors is approximately neutral. With an appropriate tax credit, the effect willbe positive. Additionally, an element of cyclical stability will be introduced. The new powers to be granted to thrift institutions would improve their ability to compete for funds, strengthen their cash flows, and thereby alleviate tendencies toward disinter mediation (loss of deposits) during periods of fi nancial restraint. net Q. Ignoring for the moment the mortgage tax credit, if the recommendations reduce the supply of mortgage funds, won’t there be a correspond ingdecline in the supply of housing ? A. Not necessarily. Mortgage credit and hous ing finance are not identical. The former is only one constituent of the latter. Other constituents include personal wealth (e.g. savings accounts; funds from sale of current house) for home buyers and equity markets for the development and con struction of housing projects and apartment houses. The popular view is, however, that the rate of housing production is a captive of the amount of mortgage funds in both the short and long run. Those who believe this point to the data which show mortgage funds and housing moving to gether in the short run. However, that relation ship is open to another interpretation:both hous ing and mortgages are simultaneously influenced hy other factors. According to tnis view, high in terestrates reduce housing production by reducing demand for housing and high interest rates chan nel funds away from thrifts (because of interest ceilings) which are legally required to invest in mortgages. Choosing between the two explanations is not easy. However, the most recent studies tend to support the second idea; credit conditions in general, not the availability of mortgage funds, influence housing over the long run. Over the short run the availability of credit is, however, a sig nificant factor. Under a contract to the Department of Housing and Urban Development, two Princeton Univer sity economists, Professors Ray C. Fair and Dwight M. Jaffee, prepared a report which at tacks the problem directly. Using the Federal Reserve-MIT-Penn Model of the economy, the au thors ran a number of tests simulating the impact of the Hunt Commission’s recommendations dur ing the 1960’s. O n the expanded powers, the Presi dent’s recommendations are similar to those in the Hunt Report. The authors summarized the re sults of their tests as follows : “Our results indicate that the housing market would probably, on net, gain under the Hunt Report, while the mort gage stock may gain or lose depending on the specific assumptions. In any case, the magnitudes involved are small relative to the current outstanding stocks of these assets.” * Q. What implications would the recommended changes have for the conduct and effect of mone tary policy? A. The expanded deposit and asset powers for thrift institutions and banks, the abolition of in terest ceilings, and the tax credit should make mortgage and housing markets less sensitive to changes in credit conditions. Removing restrictions on interest paid on de posits would greatly moderate the shifts between deposits and other assets as market rates fluctuate. This would reduce the disorder in financial mar kets which has accompanied restrictive fiscal and monetary policies. Q. What are “points.” A. A point is one percentage point of the total value of a mortgage loan. One or more points may be added to the homebuyer’s closing costs to com* Ray F a ir and Dwight Jaffee, “An Empirical Study of the Implications of the Hunt Commission Report for the Mortgage and Housing Markets,” HUD Contract H1781, April 1972, second page of Abstract. 25 pensate lenders when market rates on loans are above usury ceilings. Q. W hat are Government National Mortgage Association tandem plans? A. Tandem plans were employed by G N M A to add support to housing markets. Under those plans G N M A would buy mortgages typically at above market prices and sell them later at market prices to private buyers (often pension funds). G N M A would absorb any losses that might result. Tandem plans were suspended June 28,1973. Q. What is the Federal National Mortgage As sociation’s role in mortgage markets ? A. F N M A , a private corporation since 1968, has as its primary responsibility providing secondary market services by buying and selling F H A insured, VA-guaranteed, and conventional mort gages. The great bulk of current holdings is com posed of FHA-insured and VA-guaranteed mort gages. F N M A was permitted to begin secondary mar ket operations by the Emergency H o m e Finance Act of 1970. However, it did not begin actual op erations until February 14, 1972. At the end of April 1973, F N M A held $133 million of conven tional mortgages and its rate of activity has in creased substantially in 1973 over 1972. IX UNIFORM RESERVES Q. Is it true that the President’s recommenda tions do not call for uniform reserves on all thirdparty or transaction accounts such as checking accounts or N.O.W. accounts ? A. Yes. Under the President’s recommendations only members of the Federal Reserve and F H L B B systems will be subject to federally-set reserves on their transaction accounts. Membership in those two systems will remain optional for state char tered institutions. State non-member institutions will continue to have their reserves set by the indi vidual states. Q. W h y do the President’s recommendations exclude the request for uniform reserves? A. The question of uniform reserves has been 26 discussed at great length over the years, by formal commissions and congressional committees. Al though not critical at this point, should the lack of uniform reserves impede the implementation of monetary policy, the question must rightfully be opened. Q. What has been the practical effect of volun tary F R system membership for state chartered banks ? A. Voluntary Federal affiliation has been healthy for the system and spurred creative regulations,! At the moment, about 40 percent of all commercial) banks holding about 80 percent of all com mercial bank demand deposits belong to the Fed eral Reserve system. Most newly chartered banks1 obtain state charters but few of them elect to be come members of the Federal Reserve system. Of the 509 state chartered banks opened for business | between end-1969 and end-1972, only 3 0 joined the Federal Reserve system. Small banks used the cor respondent banking services of large banks and! most large banks belong to the Federal Reserve system. Q. W h y reserves ? is it important to have uniform A. The F R B maintains that uniform reserves are essential for the efficient conduct of monetary policy. The reasoning underlying that argument seems to fall into two parts. First, the fact that allbanks are not subject to uniform reserves limits the effec tiveness of changes in required reserves as an in strument of monetary management. Second, there is the fact that demand deposits in non-member banks do not respond directly to other techniques such as open market operations. As a result of those two factors some contend that member banks bear a heavier burden during periods of credit restraint than do non-m em ber banks. Q. What has been the practical effect of the existence of non-member banks on the conduct of monetary policy ? A. There is no easy way to answer that ques tion. However, as of June 1973 non-member banks held about 22 percent of all commercial bank de- L sits and about the same amount of demand de posits o f individuals, partnerships, and corpora tions (IPC deposits). I Some argue that under existing conditions non inember b a n k deposits need not affect the efficiency Lf m onetary management. So long as the demand ¡for deposit reserves by those banks is stable and predictable and so long as the F E B can control the bpply o f those reserves the efficiency of monetary Management should not suffer. H owever, over the longer run, changing circum stancesmay warrant a reexamination of this issue. Q. Since the absence of uniform reserves has the dual banking system, what advan tages have accrued to the American public? preserved A. Generally, it has permitted an element of competition among supervisory authorities which ¡hasbeen conducive to innovation and experimen tation by financial institutions. It has restrained supervisory authorities from over-zealously pro tecting existing firms by restricting entry. Non-member bank deposits need not affect the type experiments on such issues as capital ade quacy, capital debentures, and the extension of ancillary services such as data processing services, insurance services, messenger services and the like. State law and federal law are not the same on those issues and thus some banks have more free dom on the issues than others. They have used that freedom to experiment. A n d supervisors have learned from those experiments. In some cases the freedoms have been extended to those who had not previously enjoyed them. If preserved, the dual banking system can con tinue to serve the public interest and keep the federal system alert. 27 EFFECTS ON H O U S IN G OF CHANGES The effect on housing of the recommended ianges in financial structure can usefully be exLined in two parts. F irst, the overall effect of 11the changes except the tax changes can be estiated. Then the tax recommendations can be faluated. Since the mortgage interest tax credit |(janin principle be set at any level, it can be estabid in such a way as to ensure that the overall Inpact on housing is not adverse. However, the overall impact o f the nontax recmmendations together is not likely to be adverse, lor that reason, the mortgage tax credit can be lablished on the basis of subsidies lost when exping tax treatments are changed, j Important to the issue concerning the effects of fie Administration recommendations on housing what effect, if any, the specialized system of iortgage finance has had on housing in the United jtates. Yet, as the Interagency Task Force Study b Housing chaired by the Council o f Economic Idvisers makes clear, it is important to realize this is not the only consideration. There are froimportant central issues here. The first is what , if any, the recommendations will have on supply of mortgage credit. The second is what a change in mortgage credit w ill have on pusing. Even if the recommendations would de fease the supply o f mortgage credit, as seems un ply, it does not follow that anything like a ^responding effect must be transmitted to housp The last point is not widely understood and I nerits elaboration. As a matter of definition, a mortgage is secured | an existing (or potentially existing) house, but i creation of a new mortgage does not imply new construction will necessarily take place. j°r does the construction o f a new house in all [ses squire a mortgage. First of all, “ mortgage money’’ is widely used to Nnce existing housing in addition to newly con ducted housing. Indeed, a homeowner may mort' his house in order to pay for his children’s ^ expenses, or to finance the expansion of usmess. A larger mortgage may be sought to IN F IN A N C IA L STRU CTU RE enable the home buyer to purchase furniture.* A fam ily may choose a larger or a smaller mortgage, depending on its savings and other sources o f po tential borrowing. In general, mortgage credit (like any other kind of credit) is “ fungible.” That is, it can be used for any purpose the borrower chooses.** Moreover, a mortgage is only one among a vari ety of sources of funds available to the borrower, whether he seeks money to acquire a house or for any other purpose.*** A fam ily which owns its home outright may finance a new house simply by selling the old one. W hen outside financing is chosen, it can come either from a mortgage or from several other sources. Furthermore, the financing o f new housing in volves not only homeowners but many other cate gories o f investors. The following is a partial list o f the types o f financing which play a role in the production o f housing: (i) equity investment — the accumulated savings o f homeowners; — equity for the development and construction o f large housing projects, and — equity investments in apartment houses. * In 1971, 35.1 percent of new S&L mortgage loans were classified as for purposes other than housing. Only 17.3 percent were classified as for the purpose of home con struction. ** A typical household has a variety of outstanding lia bilities (a mortgage, an auto loan, unsecured borrowing, credit card debt, and so on) which have been used to finance its assets. Fundamentally, there is no way to tell which specific asset is financed by which specific liability even though (in certain cases) one can specify which as set is used as collateral to back a specific loan. *** The technical question is the size of the crosselasticity of demand between mortgage borrowing and other forms of financing (such as the use of accumulated savings) for the purpose of residential construction. If this elasticity is very high, then, at the margin, funds from other sources are close substitutes for mortgage funds, and the demand for housing is determined inde pendently of the supply of funds. 29 (ii) construction financing — short-term debt money for developers and builders during the development and construc tion phases o f housing. (iii) other debt financing — long-term mortgage funds for consumers; — long-term mortgage funds for investors for the purpose o f buying and renting housing units, and — short-term loans for consumers and inves tors for repair and rehabilitation o f housing. These other sources o f financing can (and some times do) act as substitutes for mortgage credit. I n sum, mortgage credit and housing finance are not identical: the former is only one constituent of the latter. Frequently, however, the distinction between them has been blurred. The popular view, which is held by many mortgage practitioners and home builders, as well as by some economists, regards the rate o f housing production to be a captive of the amount of mortgage funds available— in both the short and long run. This view, which may be called the “ bottleneck” hypothesis, is held so wide ly and firmly that few writers, at least until re cently, have felt that it is open to question.* Proponents of this view believe that specialized financial institutions provide additional funds for some borrowers to which they would not otherwise have access. They argue that savings and loan as sociations and mutual savings banks have pro duced higher mortgage flows and lower mortgage rates than would otherwise occur because they are forced to invest in mortgages. Thus, they contend that i f the financial institutions which funnel funds to the mortgage markets are allowed to re duce their specialization because of the adminis tration’s recommendations, the flow o f money for mortgages will be reduced and mortgage interest rates will rise.** ♦A paper by Arcelus and Meltzer contains a critique of the “bottleneck” hypothesis and some empirical evidence against it. See Francisco Arcelus and Allan Meltzer, “The Markets for Housing and for Housing Services,” forth coming in J o u r n a l of M o n e y , Credit a n d Banicing. Criti cisms of the popular view began to appear in the litera ture many years ago, but have been largely ignored by the dominant school of thought. Other critics include Brunner, Hester, Jacobs, Mayer, and more recently Geisel and Jaffee. ♦♦This argument would, of course, apply to only one part of the recommendations, i.e., that part pertaining to the investment powers of savings institutions. As de- 30 I f this “long-run bottleneck” view is correct! then policy measures which subsidize or support the mortgage market (holding general credit con ditions constant) will also increase the rate oj housing production in the long run. Measure! which support the mortgage as such will be effecj tive without subsidizing housing directly. Proponents o f this view have supported thei case by noting that mortgage flows and housing move together in the short run. Actually, severa different interpretations of this numerical relaj tionship are possible, including : (a) the rate o f housing construction is influ enced by the supply of mortgage credit; (b) the demand for mortgage credit is influj enced by the rate o f housing construction ; (c) mortgage credit flows and the rate oj housing construction are influenced simultané ously by outside variables. Although the first o f these views is the popula one, it is the third which follows most naturalh from received economic theory. According to thii view, the mortgage and housing markets ar stimulated or contracted simultaneously by out side influences— in the short run notably by fluctu ations in general credit conditions. The reasons are straightforward and combin two effects. First, when market interest rates ris^ households defer long-term borrowing and pul chases o f long-lived assets, such as housing. Set ond, higher open market rates induce the public 1 move out of deposits at th rift institutions inti marketable securities since these institutions call not increase their interest rates on deposits by 1 much as the rise in open market rates. When til latter fa ll, funds shift back to institutions. I Thus, high interest rates (i) reduce housia production by decreasing the demand, and (ijj reduce mortgage flows by channeling savings aw* from the financial institutions that are legally rl quired to invest heavily in mortgages. S uch! mechanism would explain why the mortgage ail housing markets have often moved closely togethl in the past. This view places little stress on t l structure o f financial institutions as a déterminai of long-run mortgage flows, housing producticl and mortgage interest rates. scribed subsequently other changes proposed for the s ^ ings institutions would provide them with the poten I attract more funds. Crec numbe earn tl tax sta in g g r such a straint provid poses s This tion, f other : saving S&Ls funds return kets, £ pete f< there a provid increai yields it to re This ply oi condit housin measu: mortgi in the' displai a year ment ] impacl this fa It is empiri respor best a group also vi countr havioi interes variet; housin leaned on hoi genera specifi Housi] Credit can and does flow to ultimate users via a number of routes. A dollar flows to where it can earn the best return, given risk, term to maturity, tax status, and so on. Thus, no one type o f borrow ing group can enjoy special rates, independent of such attributes, that arise from institutional con straints. Sim ilarly, specialized institutions do not provide increased access to capital for special pur poses such as housing. This view says that a savings and loan associa tion, for example, must be able to compete with other investment opportunities i f it is to attract savings from the consumer. I f the operation of S&Ls increased the aggregate flow of mortgage funds and lowered mortgage rates below rates of return in the other sectors o f the financial mar kets, S& Ls would be in a weak position to com pete for deposits and capital. A t the same time, there are other types o f financial institutions which provide funds to mortgage borrowers. I f S& L s increased their investment in mortgages, mortgage yields would fall, inducing other suppliers of cred it to reduce their mortgage investments. This approach implies that changes in the sup ply of mortgage funds, holding general credit conditions constant, will not materially affect housing construction. In this case, indirect policy measures such as the government purchase of mortgages will not succeed in stimulating housing mthe long run because government lending simply displaces other lenders. In the short run (up to a year), a stronger case can be made that govern ment purchases o f mortgages will have a positive impact on the mortgage and housing markets, and this fact should not be lost sight of. It is difficult to design and conduct a definitive empirical test of whether housing demand is more responsive to mortgage flows or interest rates. The best available work found by the housing study group supports the interest rate hypothesis. I t is also very significant that a number of European countries have experienced the same type o f be havior of mortgage flows, housing production and interest rates. This has occurred despite wide variety in the institutional structure by which housing is financed. Accordingly, the Task Force leaned toward the view that the financial effects °n housing production operate primarily through general credit conditions and not through the specific characteristics o f the mortgage market. Housing production is also presumably affected by economic variables specific to the housing in dustry itself. The Task Force accepted that credit rationing may occur in the very short run, but was persuaded that over any significant period o f time it is the general level of interest rates, rather than the flow o f mortgage credit, which acts as the rationing instrument for housing and other durable assets. There remains the question of how the A d m in istration’s recommendations will affect the flow of funds into the mortgage market. This is still a rele vant question for two reasons. F irst, nearly all economists agree that in the short run (about a year or less) changes in the availability and flows o f mortgage credit importantly influence housing production. Second, it is o f interest to note how the housing stock will be financed in the future. The impacts can be separated into cyclical and long-range. I t is hard to imagine how these recommenda tions could increase the cyclical variability of housing compared with recent years. The Task Force believes they will decrease it substantially by decreasing short-run disruptions of mortgage flows. This will result from two important sets of changes. F irst, traditional mortgage lenders will have their cyclical viability strengthened by broadened powers to hold assets and issue liabili ties. Second, mortgages themselves will be made more attractive to nontraditional lenders as a re sult o f the mortgage interest tax credit and im provements in the secondary market for mortgages. Asset restrictions on th rift institutions and the poor development o f a secondary market have made it very difficult for thrifts to weather periods o f credit restraint for these reasons : 1: The absence o f a secondary market in mort gages means that the institutions may not be able to sell their mortgages even with the appropriate capital loss, in order to meet the outflow o f de posits. 2. The long-term maturity of mortgages and the resulting low rate of repayment and turnover im plies that considerable time may be required be fore savings institutions can adapt to higher or rising interest rates. 3. The legal prohibitions on investment alterna tives and portfolio composition that are placed on savings institutions lim it the pool of alternative 31 assets that they could otherwise sell as an aid in their adjustment problem. F o r all o f those reasons, the ability o f institu tions to withstand loss o f deposits is hampered by enforced specialization o f investments. I f their assets were diversified, savings institutions would be able to retain deposits more easily, and thus would not have to restrict new lending so severely. Consequently, the relaxation o f portfolio restric tions is expected to help stabilize the short-run cycles in mortgage financing o f residential building. Liab ility restrictions have similarly made it hard for th rift institutions to maintain their mort gage lending when rates rise : 1. Interest rate ceilings lim it their ability to compete with securities markets for funds. 2. Savings institutions are not entirely free to offer new types o f deposits and other obligations that may increase their flow o f funds. 3. They cannot issue demand deposits, which (a) M ay have the advantage of being less interest sensitive than savings deposits; and (b) W ill allow them to provide to the cus tomer services which he formerly had to obtain from a commercial bank. A g a in , relaxation o f these restrictions w ill help stabilize the capacity o f institutions to provide housing finance in times of tight money. H o w ever, while deposit rate freedom should assist th rift institutions to maintain mortgage flows, it w ill not necessarily reduce the cyclical instability o f housing construction. Given relatively elastic housing demand, a significant increase in the in terest rates would still im ply a significant con traction of residential construction. Removal of state usury laws and Federal ceil ings on insured mortgages should help mortgages attract funds. U se o f variable rate mortgages may also do this and may help institutions raise their deposit rates to retain funds when market rates rise. The Task Force is not convinced that varia ble rate mortgages will be as beneficial as their proponents assert, but sees no reason to impede their use in the private market. A ll these changes will stabilize the flow o f funds into the mortgage market during periods o f high interest rates. Accordingly, they w ill help elimi nate pressures on the housing market caused in the past by the virtual withdrawal o f th rift insti tutions from mortgage lending at these times due 32 to their own precarious positions. Housing pro duction will not be made constant over the cycle, nor should it be, since the demand of housing is highly sensitive to interest costs. The long-run prospects for funds flowing into mortgages are harder to evaluate. The relevant changes recommended are: (1) relaxed restric tions in investment powers, (2) broadened powers to offer financial services, (3) relaxed restrictions on borrowing powers, (4) equal tax treatment, and (5) removal of obstacles to mortgage lend ing. Changes (2), (3), (4), and (5) should help mortgage and housing markets, while (1) tends to remove funds from the mortgage market. Relaxed Restrictions on Investment Powers The potential mortgage market impact of the proposals expanding lending powers is not simple to analyze.* A t first blush, the ability of thrift institutions to invest in assets other than mort gages implies that mortgage flows would be lower. There are important qualifications to this view, however. B y investing some of their money in nonmortgage assets, savings institutions will earn a higher rate of return and thus be able to offer higher deposit rates. A s a consequence, savings flows could be higher. In addition, allowing sav ings institutions the opportunity to provide con sumer loans will enable them to compete more ef fectively for consumer savings. When other fac tors are equal, convenience and familiarity lead people to borrow and to lend with the same insti tution. Thus, while competitive responses from commercial banks should not be excluded, one ef fect of allowing savings institutions to offer con sumer loans could be larger savings flows to these institutions in the long run. To the extent that there is a greater flow of savings arising from both of these effects, the mortgage and housing markets will benefit. Broadened Powers To Offer Financial Services I t is proposed that savings institutions b e al lowed to extend their service functions to con sumers. The most important function would be the third-party payment services (primarily t e issue o f demand deposits). I f savings institutions *See Dwight Jaffee, “The Entry of Savings Institu tions into the Consumer Loan Market,” Princeton nl versity, February 1972. could do so, their competitive position vis-a-vis other financial institutions, primarily banks, would be improved substantially. Savings insti tutions would be better able to compete for the funds of those savers who prefer one-stop bank ing. As a consequence o f this recommendation, savings institutions will thus be in a better posi tion to provide more funds to housing. A t the same time, when commercial banks are faced with demand deposit competition, they will need to be more responsive in meeting consumer mortgage demands. In the past, a bank could send a con sumer to a savings bank when a mortgage was needed and be relatively confident that that con sumer’s other business would remain with the bank. Relaxed Restrictions on Borrowing Powers Insofar as deposit rate ceilings faced by com mercial banks are more severely constraining than those of savings institutions, their elimination would enable commercial banks to compete more vigorously for deposits. I f deposits were drawn away from savings institutions, the net effect on aggregate mortgage flows would be negative. This effect could be blunted, however, by higher overall deposit flows to depository institutions induced by higher deposit rates. This would mean that funds were being bid away from other segments o f the financial markets or that aggregate saving in the economy was increasing. Equal Tax Treatment The Task Force recommends two basic tax principles which, i f jointly put into law, could have a positive impact on mortgage flows. First, Congress should enact a uniform tax formula for all depository institutions. Second, a mortgage in terest tax credit should be allowed on mortgage investments. This credit would be based on gross interest income from residential mortgages. The credit would be allowed to all investors in such i°ans, and not solely financial institutions. Such a credit could completely replace the hidden tax subsidy implicit in the tax laws which allow savlngs and loan associations tax advantages. O f course, the impact o f these tax proposals on the mortgage market will depend on how the tax laws are Written and the size o f the mortgage invest ment tax credit. M utual savings banks and savings and loan as sociations currently enjoy a tax advantage because their bad debt reserve deduction on qualifying real property loans exceeds actual default experi ence. The deduction allowed is dependent on an organization having a stipulated percentage o f its total assets invested in a prescribed list o f assets, the most important o f which is mortgages. Thus, current tax laws for these savings institutions pro vide an incentive for investments in mortgages and supposedly an incentive for investment in housing. The mortgage investment incentive is limited, however, since it is not available to other types o f institutions. One approach in implementing a uniform tax structure for all depository financial institutions would be to base the bad debt reserve on actual default experience. This is currently the direction in which commercial bank taxation is moving. I f this route were followed, and there were no off setting tax credit on mortgage investments, mort gage flows from these institutions could decline. However, any such decline could be offset by im plementing the mortgage tax credit proposal, which would act as a subsidy to mortgage flows. Removal of Obstacles to Mortgage Lending The H u n t Commission also proposed a number of ways in which the mortgage market could be made a more flexible instrument for financing housing. Since some of these require state action, while others simply exhort existing institutions to continue and expand what they are already doing, these recommendations -were not included in the Task Force’s overall judgment about the impact of the recommendations on mortgage flows. The question here is how all these effects add up. The answer to this question will come primarily from judgment, but there is some empirical evi dence which can contribute to judgment. Under a contract to the Department o f H ousing and Urban Development, two Princeton University econo mists, Professors R a y C . F a ir and D w ight M . Jaffee, have prepared a report which attacks the problem directly. U sin g the Federal Reserve-M ITPenn Model o f the economy, the authors ran a number of tests simulating the impact o f the recommendations during the 1960s. The authors summarized the results of their tests as follows: “ O ur results indicate that the housing mar ket would probably, on net, gain under the 33 H u n t Report, while the mortgage stock may gain or lose depending on the specific assump tions. In any case, the magnitudes involved are small relative to the current outstanding stocks o f these assets.” * *Ray Fair and Dwight Jaffee, “An Empirical Study of the Implications of the Hunt Commission Report for the Mortgage and Housing Markets,” HUD contract H1781, April 1972, second page of Abstract. 34 To date, the Ja ffe e-Fair study has been the only direct empirical analysis of the recommendations, although there is a large empirical literature on the mortgage and housing markets. Other studies, using different econometric techniques, would be desirable. The interagency study group finds that the impact of the H u n t Commission proposals on the long-range flow of mortgage credit cannot be determined with any degree of precision, but may well be approximately neutral. DEPARTM ENT OF THE TREASU RY G eorge P. S h u l t z Secretary o f the Treasury J oseph A . L o f t u s , Special Assistant to the Secretary (Public Affairs) 15th and Pennsylvania Avenues, N .W . Washington, D .C . 20220 U .S. REG ULATO RY A G E N C IE S FOR F IN A N C IA L IN S T IT U T IO N S FEDERAL RESERVE BOARD A r t h u r F . B u r n s , Chairman Joseph R . Coyne Assistant for Public Affairs 20th Street & Constitution A v e., N .W . W ashington, D .C . 20551 Tel. 737-1100, ext. 206 FEDERAL DEPOSIT INSURANCE CORPORATION F r a n k W i l l e , Chairmam, Mrs. H arriett Scholl, Public Inform ation Officer 550-l7th Street, N .W . W ashington, D .C . 20429 Tel. 389-4221 OFFICE OF COMPTROLLER OF THE CURRENCY J a m e s E . S m i t h , Comptroller W illiam B . Foster, J r ., Special Assistant for P u b lic A ffairs Treasury Department, 15th & Pennsylvania A v e., N .W ., D .C . 20220 Tel. W O 4-2186 FEDERAL HOME LOAN BANK BOARD T h o m a s R . B om ar , Chairman Jo e R . Reppert, Director, Office o f Communi cations 101 Indiana A v e ., N .W ., W ashington, D .C . 20552 Tel. 386-5724 NATIONAL CREDIT UNION ADMINISTRATION H e r m a n N ic k e r s o n , J r ., Adm inistrator M iss Elizabeth Fieldin g Assistant Administrator for Public Affairs 2025 M Street, N .W ., W ashington, D .C . 20456 Tel. 254-9823 U .S . GOVERNMENT PRINTING OFFICE. 1973 0 -5 1 7 -3 4 9 D ep artm ent o f the Treasury Washington, D.C. 20220 P ostage and Fees Paid Official Business Penalty for Private Use, $300 D e p a rtm e n t of the Treasury T R E A S -5 5 1 FOR IMMEDIATE RELEASE August 3, 1973 SENATOR CASE GIFTS U.S. TREASURY WITH SURPLUS CAMPAIGN FUNDS Washington, D.C. -- Secretary of the Treasury George P. Shultz today announced acceptance, in behalf of the Treasury, of surplus campaign funds from Senator Clifford P. Case of New Jersey, as a gift to the United States of America. Acknowledging receipt of a check for $18,203.74 from the Committee for Senator Case to be deposited in the general fund of the U.S. Treasury, the Treasury Department’s General Counsel, Edward C. Sehmults stated: ’’This generous donation is a tribute not only to Senator Case, but also to the members of the Committee, including former Secretary of the Treasury, C. Douglas Dillon.” Upon offering the gift of unspent campaign funds in behalf of Senator Case, the attorneys for the Committee wrote to Secretary Shultz in part: ’’The motivation for this payment arises primarily from the fact that contributions were received by the Committee from people in all walks of life and of all political faiths around the country who wished to support the Senator in his bid for reelection. It is felt, therefore, that the unexpended balance of the funds collected in his behalf should be used for the benefit of the people of this country generally, rather than Republicans and the State of New Jersey only.” There is no Federal law or regulations that would tax or forbid acceptance of this type of gift. That includes the Federal Elections Campaign Act of 1971. As a gift to the United States, the donation qualifies as a charitable contribution under both the Federal income tax and gift tax laws. Additionally, the donation has no New Jersey tax consequences and does not violate S261 (OVER) ~21 the New Jersey election laws. The Committee for Senator Case raised a total of $159,574.39 and expended $141,370.65 during 1971 and 1972 to finance the reelection campaign in 1972. The gift from the Committee of the surplus campaign funds will be available for general expenses of the United States Government as directed by the Congress in appropriation laws. The Committee of six members, in addition to Mr. Dillon, included The Honorable Millicent H. Femlrick, and Messrs. Leslie L. Blau, Charles Brower, J. Gardner Crowell, and Reeve Schley, Jr. oOo Department of th e T R E A S U R Y « T O N . D C. 20220 T E L E P H O N E W04-2041 FOR IMMEDIATE RELEASE August 6, 1973 UNITED STATES AND ROMANIA TO DISCUSS INCOME TAX TREATY The Treasury Department announced today that representatives of the United States and the Socialist Republic of Romania will meet in Bucharest during October for discussions of a proposed income tax treaty between the two countries. The proposed treaty is expected to cover such issues as the tax treatment of joint ventures and other business activities in one country by a firm of the other country, and of individuals from one country temporarily present in the other country for business, educational and cultural purposes. The taxation of dividends, interest and royalty remittances will also be considered. Persons wishing to offer comments or suggestions on matters relating to the discussions are requested to submit their views in writing by September 15, 1973, to Mr. Frederic Hickman, Assistant Secretary for Tax Policy, U.S. Treasury, Washington, D.C. 20220. oOo S-262 radio TV REPORTS. INC. 4435 WISCONSIN AVE. N.W.. WASHINGTON, D. C. 20016, 244-3540 U. S. TREASURY DEPAR* fo r program Iss yos La t e August 5, 1973 & A0S t?l€SIPS 1 ; 30 PM S T A T IO N HI1AL 1 V c it y Washington, D.C. FULL TEXT ANNOUCER: G&orge P. Shultz, Secretary of the Treasury, here are the Issues» DAVID SCHGUMACHER: before September 12th? HERBERT KAPLQW: SCHGUMACKER: Should beef price controls be l i f t e d Are we headed for a recession? What 1s Watergate doing to the economy? ANNOUNCER: From Washington, D . C . , the American Broadcasting Company presents the award-winning Interview program Issues & Answers, Secretary of the Treasury George P. Shultz, Assistant to the President, and one of the chief architects ©f Phase IV, will be Interviewed by ABC News correspondent David Schoumacher and ABC Mews correspondent Herbert Kaplow. KAPLGW: Mr. Secretary, some people have started to express fears about a recession. Are you worried about that? SECRETARY GEORGE P. SHULTZ: Me always must be concerned sbout the pace ©f toe economy, but I don’ t see any evidence that a recession Is looming ahead ©f us. KAPLQW: What d© these Increased interest rates mean? SECRETARY SHULTZ: Well, they mean that there is an extra ordinary economic boom going on In the United S ta te s , and the counterpart ot that Is a great demand for credit on the part of business and consumers, and t h a t ’ s what’ s bidding up the Interest rates. SCHGUMACHER: One of the factors that pointed to was the high Interest ra te s, by AFL'-CIO President George said these high Interest rates are going to dry up housing construction and that that will Inevitably Impact on the rest of •©nomy* and before the end of 1974 there’ l l be a recess lor? *oy]d you agree with that? ¿y§t Mean @ ¡5 r» e \ m »».. js i ¡wig *. f- SECRETARY SHULTZ: Well , the e ff o r t to control the budget and to control the rate of expansion in our money supply9 which results 1n higher Interest rates , Is an e ffo r t to cool o f f the economy, 1n the sens© that I t has been rising In the fourth quarter of last year, In the f i r s t quarter of this year, at a rate that can't be sustained. Our economy tends to grow at a roughly 4%9 or a l i t t l e better, rat® of real growth. That's what we can do, and we have been rising at a rate over 88. So we have to get back iom to that 4% rate* and you get there by tightening up on the f l o w of demand for goods and services. SCHOUNACHER: Hr. Schiilis, don't misunderstand the questlor but would you really t e l l us there was going to be a recession If you thought there was going to be one? By that I mean, don't all administration economists have to- give us a balanced look? SECRETARY SHULTZ: y e l l , I think you have to sta r t with a proposition that any administration, certainly this administration, does not want a recession. Me want to have policies that will §iv® ys a growing economy with reasonably stable prices. That's the objective that we have and that any administration would have. And we think that the policies that we have are the best designed to get us there. Me think we are on the track of supporting an expanding economy, but not a wildly expanding economy, and we have policies that are designed to avoid f a l l i n g into a recession. SCHOUMACHER: But what thñt attaches itself to economic you have a responsibility to say or they're m t going to get that I mean 1s there is some professional forecasts«, and yet p o l i t i c a l l y , that things are going to get better, bad. SECRETARY SHULTZ: Mali, I f I f e l t d l f f rentl 1 wouldn't to say so, but more Important than th a t. 1 would doing best to help construct economic policies that would avoid 11 poll cl as -------- Are you s a t i s f ie d with the present Federal Reserv ssofar as the monetary supply is concerned? SECRETARY SHULTZ: Well, l think the record shows that :"e money supply has been Increasing, particularly In the i H 3 j?® @r four monthss at a rate higher than the Federal Reserve's P°nc1es suggest they want, so they are struggling to gat better JRtrol of the money supply. So I am in accord with the policy mo l!*?n*s * an<*, ss you know, they publish those with about a thre j lap, so you can Took back and see what they were trying to c:j aJd I think we have some appreciation of the d i f f i c u l t i e s of , rylng those policies forward, but the policy of restraint on side* as well as on the s now, we think th budoet budget side« s id e , rlaht r1 l l th e right policy. 9 3 being cooled at an optimum pace. SECRETARY SHULTZ: As best i t can be don®. Now, this is a gigantic economy, very diverse, with all sorts of things going on. Government policy 1s Important and we're trying to contribute to orderly» sustainable eeorsomlc growth, and whether we are ju s t exactly right or not 1s very hard to say, but as best vie can, we're trying t© operate that kind of a p o lic y, ce r ta in ly . fCARIQM: Well, l e t ' s look at the related matter, the direct problem of I n f la t io n . You have come out against a tax increase as a means of trying to curb i n f l a t i o n . There are some prominent economists who feel that maybe a tax restraint at this moment might be helpful 1n curbing I n f l a t i o n . SECRETARY SHULTZ: H e ll, what I think there Is general agreement on - - 1 don't say everybody agrees with this - - but the President’ s policy /is, and I agree with i t , that what we need right now is a balanced budget. And we believe that we can get that balanced budget by controlling outlays and keeping those outlays within the revenues that the present tax system w ill produce. And so, In order to attain the f is c a l policy we want, we don't need a tax Increase, What we need 1s discipline on federal spending, and we see every prospect that that discipline can be exercised. ^ SCHOUMACHER: While you feel that you're at that sort of knife-edge ©f a finely balanced program, there’ s been a good d@a] of criticism recently from ... SECRETARY SHULTZ: SCHOUNACHER: Could 1 ju s t interrupt you a second? C ertaln ly. SECRETARY SHULTZ: I don't think that this sort of knifesage image 1s really the appropriate one because I don't think anyone can calculate I t that f i n e l y . I mean, a knife-edge Implies something that Is really sharp and precisely r ig h t , and/as I said 8 minute ago, 1 think you hope to be broadly r ig h t , and you can’ t os quite that precis© about i t . SCHOUNACHER: H e ll, the AFL-CIO Executive Council said decently y o u weren't even broadly r ig h t, that you ware doing such j®b that the country had lo st confidence in the administration Ss ability to handle the economy. Do you see sig n s, especially from e»ne stock market, that that may be true? problem to obscure the fact that there are many extremely good things about' the economy. Me have about three million more jobs than we had at this time la st year. We have rising per capita real Income In the economy. We have rising production. We have a lot ©f investment 1n new plant and equipment* which 1s a sign of confidence In the future, and so on. $© there are many good things about this economy. &APL0M: Hr. Secretary,* on the matter of real income increasing over a long haul, which you folks maintain is so. I believe Senator Proxml re says that's not so. I don't think X! m misquoting him. SECRETARY SHULTZ: There are various figures that you can gat up, one of which shows that what 1s called real spendable earnings of production workers, which didn't rise at a il from about 1965 to 1970, then rose sharply until early 1973, has stabilized and fallen a l i t t l e since then as a result o f , f i r s t , a large Increase in Social Security taxes and, of course, the rate of I n f l a t i o n . That's one measure. KAPLOH: How, many people f i t Into that category? SECRETARY SHULTZ: A broader measure - - a broad measure, the broadest measure we have, 1s to take a l l personal Income and divide I t Into our population, and you get a par capita personal Income figu re. That has been rising and f t has been rising at about, 1n the most recent year, about a 3% rate. &AP10H: Could that not conceivably mean that some very wealthy people are doing a lot b e tte r, and meanwhile, the average guy Isn 't? SECRETARY SHULTZ: I t could, but b a s i c a l l y , i t doesn't. I think probably the most powerful thing i t represents is this figure 1 mentioned e a r l i e r , namely, that there are three million nore people working this year than last year, and they are getting 3CH0UMACHER: But Hr. Shultz, you're certainly aware ©f the grumbling of a good number of people, the individual citizen says, ” 1 can't get meat, and I f I could get I t , I can't afford H . My cost ©f liv in g 1s skyrocketing. I'm not making any more loney this y e a r . ” SECRETARY SHULTZ: I'm certainly aware - - I'm aware of it because my wife points i t out to me a ll the time. SCHOUHACHER: H e ll, given this sort of a landscape, how would you 11k© to be a Republican congressman up for reelection acknowledge the problem end to be working to try to solve the problem» as m are» but at the same time» and I don't think this is ju st a matter of p o litics» but i t ' s a matter of perspective* for everyone to see the good things that we have about the economy. And in terms ©f policy» not to get so uptight about the problem of In fla tio n that we do things» that 1$» wa pile on a big heavy tax Increase and extraordinarily tight money and so on» that would create a recession, We don't want to do that. We want to keep our perspective» and that's what we're trying to do in the administration. SCHOUNACBER: tie8]] return t© the problem of perspective and more Issues and answers In ju s t a moment. KAPLOW: Hr. Secretary» more and more people seein to fe@ calling for an e a r lie r end for' the deep freeze than the presently SECRETARY SHULTZ: Hell* Well» that remains to be seen. The last I talked to the President» tha was the date that had hem set» and» as far as 1 know» he hasn't shifted his view on that. That remains-to-be-seen-phrase" Is sort of Intriguing. Is that rollin g back a l i t t l e b it from the hard-andfast, Irrevocable September 12th pledge? »5 SECRETARY SHULTZ: Ho. I t is ju st a recognition of the fast that lots of questions bai*e bean raised- and lots of pressure has been put on. The Senate voted» what» 85-to-4, or something like that» for removing the freeze on beef prices. I think i t is instructive to note that at least the Democrats 1n the Senate voted unanimously to have a 30-day freeze not long ago» and now they've voted» p rac tic ally unanimously» I suppose; I haven't examine that vote» to l i f t i t . So I don't know quite what they have in mind. SCHOUMACHER: When you were t e s tify in g before the Joint hconomlc Committee of Congress» you said you'd certainly like to' know what the Congress f e l t on this issue. Congress told you f a i r l y emphatically with that 85-t©~4 vote. SECRETARY SHULTZ: The Senate. SCBOUHÂCHER: I ' m sorry. The Senate did» yes. What ®®£® evidence san p ile Into the computar before you decide to l i f t SECRETARY SHULTZ: Mell» I think the evidence, of course» that we have to evaluate 1s evidence about, p a r t ic u la r ly , any longtersa e f f e c t ©n the production of cattle» That's the c r i t i c a l thing, and so far as I ears determ!na, know at this point, and I don’ t pretend to be an expert on t h i s , we do not have any long-term advers effect there. The c a t t le that are being held o f f the market today are going to have to come on the market at some point In the future, and there I s n ' t any tendency for the volume of new production, so to speak, of c a t t le to decrease any. SCBOUMACHER: Do you accept the ca ttle Industry’ s -the beef Industry's predictions that beef prices will go up as much as 20% on September 12th? SECRETARY SHULTZ: I think that that Is quite on the high side. And, of course, the more they hold back now, the more will come onto the market on September 12th and thereafter, and that will tend to hold the prices down in the future. RAPLGW: Nr. Secretary, what are the merits and demerits of keeping the freeze on until September 12th? SECRETARY SHULTZ: Well, the merits are 9 and the reason for doing 1t 1n the f i r s t pllace i s , that we wanted to spread out the Inevitable Increase in the various food areas over a l i t t l e period of time so I t didn't all sort of burst on the consumer at ©net, and so the prices of pork and the prices of poultry and a number of other food products were allowed to Increase at retail In the sense of passing through the increased cost of the raw agrlcu tura] product. And the price of beef was kept frozen at retail s© that while some of these prices would go up, there would be one that was frozen. How, w@ knew when wa did that that there would be some holding back of c a t t le from the market and that there would be an adverse short-term e f f e c t on supply, not a long-term, but short-term. And the judgment was that In the area of hogs and poultry, that the long-term consequences were serious, and those ceilings should be l i f t e d immediately. That was the general Idea of I t , arid 1 think on the whole that is right. SCHOUNACHER: But as you pursue this September 12th date, don't pork and poultry prices become even Riore aggravated? SECRETARY SHULTZ: They do. SCHOUMACHER: You're talking about a period © five weeks. That seems to be f a i r l y arbitrary, that knife-edge. SECRETARY SHULTZ: Well so that date becomes a knife-edge you have to pick a data, an 1t is a point In t* ? And 1 think you have given the other side of 1t, namely, that when you hold down these p rices, a l l the demand flows to the other prices and those prises tend to rise more than they otherwise would, and you get some sort of equilibrating force there, and t h a t ’ s kind of the other side of the argument. SCHOUMACHER: You mentioned your feedback that you were getting from your wife, What do you do In your house today when 't find beef, ©r can you s t i l l afford I t , ara you hoarding It, [Confusion ©f voices] SCHOUMACHER: You can’ t go to the White House any longer to get s i r l o i n , apparently. SECRETARY SHULTZ: Well, I ’ l l t e l l you, one thing that m haven’ t done 1s to f i l l up our freezer with beef, and I think an awful lo t of people have done th a t , and t h a t ’ s one reason why we see some shortages. There’ s been a tendency of people to buy more than they need currently, and that has aggravated"the situation But what w@ have done — as you can see, I have probably eaten more than I should in recent months and years -- Is to examine our diet and to see I f we wouldn’ t a ll be a l i t t l e better o f f I f we didn’ t eat quite so much of various things and have a l i t t l e bit more balanced d ie t. And I think that wouldn’ t be a bad Idea for lots of people. I know I t ’ s a good Idea for me. SCHOUMACHER: I asked you before about Imagine yourself being a Republican congressman. I s n ’ t this really almost untenable for a p o liticia n to go before the people next year and say, “ Don.'t eat so much. Eating 1s bad for you«** SECRETARY SHULTZ: Well, I didn’ t propose that they should say that, but I'm ju st t e l l i n g you what my viewpoint i s . KAPL0H: Mr. Secretary, I ’ ve asked you this a couple of times today. I ju s t want to make s u r e . . . SECRETARY SHULTZ: I didn’ t say you shouldn’ t eat so ra“ch- I said you should have a balanced diet and that for many J : . us* s l i t t l e different dietary habit would probably be a aood thing, I know i t would be for me. &AP10W: With or without meat? SECRETARY SHULTZ: H e ll, l expect to continue to eat l KAPLOWi Again» I'm going to ask you thè question again secause I don’ t know whether I'm being hypersensltlve to t h i s . ave you changed your position, the r ela tively rigid stand on the September 12th l i f t i n g of the beef freeze? SECRETARY SHULTZ: That date stands and that Is the posture that the administration Is In. KAPLOW: Mow» l e t ' s move Into the broader area of controls. August 12th Is Phase I¥*s Inauguration. Are you geared up for It? SECRETARY SHULTZ: Yes» we are, and we 8v@ worked very hard to get geared up. As you may know» we put out the regulations that Implement the policy decisions that were made for comment. And those comments were due on July 31st. He had some 671 formal statements, and we've had^a lot of questions and meetings that ®efve held. Those have a ll been carefully reviewed by the s t a f f ©f the Cost of Living Council and the Director» and regulations til 11 be Issued tomorrow for the general Industrial area. Regulations will be Issued probably Thursday for petroleum products. Me have reviewed the administrative practices carefully» and we think we have a set of rules that are adnlnfstrabl.e, enforceable» and a system for going about that that is better than anything that we've had before. KAPLOtf: And you claim they're tough. SECRETARY SHULTZ: They're tough» but more than that» they are being organized 1n the admlnistratlve process with the internal Revenue Service and the Cost of Living Council s t a f f so that I t will be possible to implement them» I think» more e ffe c t iv e ly than we've ever been able to d© before. SCHOUMACHER: Secretary Shultz» we'll pausa there for a moments ®nd return In ju st a minute with more Issues and answers. KAPLOW: Hr. Secretary» has Watergate affected the economy? SECRETARY SHULTZ: Of course i t ' s affected the economy. on people's minds» and I think probably is reflected somewhat behavior of the stock market. But» o v e r a ll,. 1n terms of the economy» the volume of employment» production, income» as we said earlier» that Is a l l going forward at a healthy pace. But * ® sure I t does have a psychological e ff e c t on people's a ttitud es. J* KAPIOM: You have a couple of agencies under the broad covering of the Department of the Treasury -* the Secret Service» internal Revenue Service. They have been mentioned in connection '^tb the whole Watergate... SECRETARY SHULTZ: They're both great o u tfits and they've tA bath dorse a grast job. they have been named and allegations ruade. Have you been concerned to the you would try to write ¡ew regulations concerning these sub-agendas * in any way* to keep them from compromised? KAPLOW: Wall • HPiers have been extent where these agendas 8 possibly being SECRETARY SHULTZ : Well we lave bee ng two things. F ir s t e whenever a charge Is made* m Investigate I t and we try to find out I f there-1s anything to I t , and, second* of course, have been reviewing our own procedures to he sure that we are conducting our business I n a proper and f a i r way and do everything m can to learn from any experience that we have. The Internal Revenue Service 1s being looked Into* a ll the charges, by the Joint House-Sen&ta Committee that works on tax matters» and as soon as they started that Investigation, the President instructed that we be f u lly cooperative with that Investigation. Me are being, and our only sense of d iss atisfa ctio n with the Investigation Is that I t I s n ' t going fast enough. Me'd like to see this matter cleared up* and whatever there Is to be found out, find I t out. think what ng to come out of that “ « ^ g a tlo n Is that everyone will be very Impres good way 1n which w1 th Internal Revenu® Service has conducted Its business KAPLOM: There 1s no évidence, as far as you know, to stigge&i th-at the Internai Revenue Service oiay hâve been used for tax audits agalnst p o lit !c a l anémiés? of that. SECRETARY SHULTZ: There h&v® baen lots of allégations It 1s ail belng g©ne infc© ve'ry carefully by this joint Of course, we are to©. Mherever a il of thés® l i s t s that presumably - - where accusations have been made,S Gail !I « Os4t those income tax returns are being looked at to see, as best one can determine, whether there's anything special about them. All that 1s being done in this Investigation. And I w ill wait until the Investigation is over, but I believe, from what I know of I t , that the IRS 1s going to look very good when 1 t es over. coamjitt.ee. SCHOUHACHER: On the Secret Service, do yoy feel that perhaps th® Secret Service was Improperly used when i t was Instructed to make those tape recordings and bug those phones? SECRETARY SHULTZ: Well, I think a President has a right to arrange his o ff ic e as he wants. I don't think the Secret Service $a§ improperly used In In s t a llin g the electronic devices there. don1t think the Sseret Service as such s In question in that. SCHOUMACHER: 0ver the past year or so» Mr, Shultz, did the President ever express to you any Impatience that he was asking questions and not getting answers on this whole area iif Watergate? SECRETARY SHULTZ that kind of thing anyway. Wo. He wouldn't talk me about SCHOUMACHER: Old you — have you ever had discussions «1th him about what the Watergate a f f a i r was doing» l e t ' s say, to the dollar overseas. I mean» have you talked about the Impact with him on this? SECRETARY SHULTZ: I've talked with him ones about my views» very quite sometime ago» and particularly emphasizing what seems to me to be the central point» and 1 think the President agrees with t h i s . In f a c t . I'm sure he does. First» le t the investí gatlon go forward and go forward as rapidly as possible and find whatever there Is and deal with 1t. And, second» and most Important and I think this Is something we ju s t have to coma to with greater and greater fore® — to concentrate on doing the job that needs is be done In the government» in the country» the things that people are really concerned about» not that they aren't concerned about the Watergate business» but they're concerned about inflation» they're concerned about many things. We have lots of problems» snd l e t's get on with the business of solving those problems. And that's what I emphasize and what I know the President continually emphasizes to me. fCAPLQH: Hr. Secretary» on one f these problems» the ©na] I n s t a b i l i t y of the dollar» io you have any- new moves yoy re going to recommend in that area? SECRETARY SHULTZ: Well, our position has been getting stronger and healthier. Oui 6 position in I international trade ha« We or less righted i t s e l f 1n the sense that where we were running pig deficits la s t year each quarter» t he most recent quarter» we've a balance in our trade so we are getting somewhere on that score. KAPLGW: Are you going t© do anything more? h SECRETARY SHULTZ: And the exchange value ©f the dollar nas been rising with respect to the European currencies where I t I®11course» i t i s n ' t realized that with respect to Japan, ^nada» Britain , I t a l y , most of the developing countries, which i09ether account for something like 75% of our trade, the dollar sain* laSt spr1?199 has m t deteriorated. I t ' s remained about the SCHÛUMACHER: And I believe that that would be II point at which to end. Thank you very much» Secretary Shul being our guest today on Issues I Answers. SECRETARY SHULTZ: It's a pleasure to be here. \ Q J ’ to 7 Department Of The TreQSUfy Treasury Officials room___________ Hntp 8/6/73 O ffice of P u b lic Affairs F.Y.I. : Attached is the transcript of an interview with Secretary Shultz, pub lished today in the NIHON KEIZAI SHIMBUN, Japan's leading financial daily. Jen**• '” r Special Consultant to the Secretary (Public Affairs) Joseph A. Loftus room 2324 ext. 5252 i I > t 4 ; Q. How do you evaluate the results of the C-20 ministerial meeting? Do you think the meeting increased the possibility of reaching an agreement on principles of monetary reforms in Nairobi? A. The meeting was very constructive in its spirit and tone. As to its content, there was progress on a nuifiber of points. There was exhibited at the meeting a sense of determination on the part of the people present to work together to try to resolve problems. So I thought, on the whole, it was quite an encouraging meeting. • Q. Do you think that the timetable to reach an outline agreement in Nairobi and final, decision next spring is realistic? A, I think that there is a possibility. I would regard the Nairobi meeting as a kind of collection point where the results of this present meeting and the meeting of the Deputies that will take place shortly, will consolidate. meeting will reveal this. The Nairobi I presume we will have a ministerial meeting sometime late this fall to try to make further progress. We have to do this if we are to agree on basic principles by spring. Everyone recognizes that the situation cannot go on forever as it is. Q. Another Ministerial Meeting late this fall before the one next spring? A. What the schedule actually will be I don't know, and I don't want to overstructure. We had a meeting here that was constructive, and we will have a Deputies Meeting in Paris - 2- before long at»which Deputies will try to consolidate the ground that was gained here. In Nairobi, we will have only a day for C-20 on Sunday before the IMF Meeting and that isn’t a lot of time. The meeting will be a review of what the Deputies will have accomplished to see if'the results can be the basis of an agreement. If we are to have a final agreement and a full set of principles in the spring as Giscard d ’Estaing has said, we are certainly going to need another meeting of C-20 that is a lot longer than the Nairobi meeting. That would be a meeting after Nairobi and before the spring meeting, but I don’t want to overdo the business of what meetings are scheduled. The question is how the work will go and I would rather let the flow of work determine the flow of meetings rather than the other way around. Q. How do you evaluate the recent developments in the world money markets and their impacts on monetary reform? In some quarters it has been noted that the United States is quite satisfied with the status quo, the system of float and is not very motivated to speed up negotiations. Could yo* comment on this? A. We are not satisfied with the current status of the monetary system. We think that floating arrangements are a good system to use for the time being, but we think that a better understood system is desirable. been working hard for a year now. We, of course, have We made an extensive pro posal at the last IMF Meeting and we have given support to these proposals with technical papers in the Committee of 20. -3- We have workedthard and consistently for the objective of long-term monetary reform. We have done so this week and will continue to do so. i Q, What would you think was the real reason for significant progress at this meeting? A, I think the reasons were, first of all, that the ground had been well laid and the issues well set up by the Deputies so that the discussions could focus on the substantive issues. Consequently, we were able to have a meeting without the necessity for having a communique. It is amazing the diffi culties a communique poses with respect to having a good discussion in the meeting. Everyone concentrates on the communique and the nuances of this word or that word, instead of trying to reach a meeting of the minds on the substance*; of the issues. So, by not having to worry about writing a communique, we were able to spend our time on the issues. It helped. two senses. Beyond that, I think the environment helped, in First, there was no immediate crisis in the exchange market, and the floating system was basically handling a fairly difficult situation rather well. On the whole, there was no immediate crisis that consumed our time as in some past meetings. At the same time, there was a sense that we can do better than the present situation and that it is important to do just that. In other words, there was a widespread lack of satisfaction with the existing situation, and this led people to feel that we really ought to try to get the reform job done. Q. Do you think Europeans were fearful of another crisis and did this fear help to move negotiations? A. No. Of course, they have a so-called snake that they are trying to maintain, and the snake was placed under pressure by the difficulties that everyone was having in working out the problem of inflation. There has been a great dispersion in interest rates among European countries that caused the exchange rate shift that put pressure on the snake, but I donft think there was any feeling of crisis. Q. It seems that a general consensus has been reached to eventually demonetize gold and to emphasize the role of SDRs as a reserve asset. Is it possible that the sales of offi cial gold in the private market will be agreed upon in the near future? A, The question of gold and its role, and the conditions under which it can be bought and sold, is related to the agreement among central bankers. The subject has come up for discussion from time to time as a part of the long-term reform. This will certainly be dealt with as part of the agreement. Whether or not there will be some action before then remains to be seen. Q. Would these countries agree to do away with the official price of gold? A. There are varieties of options as to how to handle this and you can think of five or six very easily, but there has -5- not been any decision on that. Q. Any specific proposals on this issue? A. Proposals were made as a part of a set of issues that were discussed at the 0 2 0 meeting this week.. There is a problem of the adjustment mechanism; the problem of discipline; the problem of convertibility; and the problem of numeraire, SDR or gold. Th one way or another, we have to come to an agree ment on how to handle gold. discussed. There were various possibilities I might, say Mr. Aichi got the biggest hand of anybody at the meeting when he suggested we think of a better name for SDR. I think that made an impression on everybody although no one came up with a good name. Q. Any idea for a new name? A. No. There are various possibilities but no good name came immediately to the fore. Q. What is the U.S. position on the question of gold? A. We have taken a position that the role of gold in the moretary system should diminish and that is what we think the objective should be. As to specific ways to attain the ob jective, we are ready to talk about any of the suggestions. Q. Some have argued that the system of float has aggravated the world inflationary pressure in recent months. What is your view on the relationship between inflation and the ex change rate system? - A. 6- I do not fhink the float has aggravated the inflation problem. The float has turned out to be a pretty good device for letting the pressures in the System dissipate themselves without causing crises. My understanding is, for example, that in Japan the float has not caused any particular prob lems, and on the whole is regarded as a reasonable operation. We regard it as such with respect to the yen, looking at it from the other side of the yen-dollar problem. So I think the problem of inflation is related to the imbalance of supply and demand in many basic commodities especially in food commodities. in price. All over the world they are rising rapidly The fundamental imbalance of supply and demand is what is causing the problem. All the economies of the world are rising strongly at the same time. Q. Minister Giscard d'Estaing of France recently implied that France would not participate in trade discussions unless some visible progress is made on monetary reforms. What is the U.S. view on the relationship between trade and monetary reform negotiations? A. We have consistently held the view that trade arrange ments and monetary arrangements are related to each other. We had a hard time persuading others. So I welcome the state ment that there is a relationship between these two matters. I think that monetary reform in terms of its timetable is well ahead of trade reform, at least to the extent that GATT negotiations start in Tokyo in September and no one is ex pecting that they will be completed before two or three years. However, we have made a lot of headway in monetary reform; and certainly by the end of next year we expect to see that work essentially completed. Q. Could we take your statement as the softening of the U.S. position to link the two negotiations? A. The U.S. view has been that trade matters and monetary matters are related to each other. on that. We had quite an argument People resisted that idea. d ’Estaing now insisted that it is so. is what we thought all along. You mentioned Mr. Giscard We welcome that. That What the content of these negotiations would be remains *to be seen, but we believe that they are related. As one thinks about IMF and its structure, somehow or other there should be a way worked out for the IMF to have stronger ties with the GATT. Q. Do you still consider surcharge as an instrument to sanction surplus countries? A. We believe there needs to be symmetry in the system of adjustment in the exchange rate, in other words, when there is an out-of-balance situation, there needs to be symmetry in pressures to bring about a balance. point is well accepted by everyone. I believe that this The question then arises as to how you get symmetry of pressures. A way to get pressure on a deficit country is to insist on convertibility, but that does not create any pressures on the surplus country. So we have suggested various means of doing that. One is the use of indicators in terms of reserve levels that give some strength to the views that the adjustment is necessary. The possibility, and we have listed this as a last resort possibility, of imposing a surcharge on a surplus country may be a necessary sanction. We do not think.it is desirable but in some situations it would be useful even if it were never used. Mr. Giscard d fEstaing suggested another one, which I thought was an interesting idea, namely that if a country accumulated reserves as a result of surplus, above a certain point, then those reserves should carry a negative rate of interest. to hold. In other words, they would be undesirable And that is a kind of automatic sanction, a little bit like the convertibility sanction on the other side. That was one of the outstanding things about this meeting. There was greater agreement on the need for symmetry and on the importance of putting backbone into the adjustment process. A number of ideas were put forward about that. Q. What is the U.S. position on the negative interest rate? A, I think it is an interesting idea. that. We should explore This is one of the things we are working on. Q. What is your prospect on the Phase IV programs and anti-inflationary policies in general? Is there a possibility of overkill? A, Our policy, first of all, is the disciplined budget, and we have been getting the budget under better and better control We are determined to get to a balance within this fiscal year. Second are_policies designed to increase the supply of scarce things. We are producing much larger crops this year than last year. The crop that both of us are interested in is soybeans, and we expect the soybean crop to be a fourth larger than last year’s. We are going all out to produce the supply of needed goods. of this whole process. That is a very important part We recognize, as others do, that we are a part of the world economy and the inflation we have is connected with the inflation that everybody else has* because it stems importantly from increases in price in commodities in international trade. We try to work at this problem cooperatively with our trading partners. wage and price controls. Then we have the We are trying to get as much use fulness as we can from them, recognizing that they really don’t do much for you in so far as the prices of internationally traded commodities are concerned. that problem. They are not addressed to We are trying to use them responsibly and also to avoid using them in such a way as to reduce supply. That is a big problem with price controls. Q. Do you then foresee no export controls in the future? A. We expect and hope that there will not be any further export controls. We are trying to avoid that by increasing supplies and by working with our trading partners to get a better idea about their needs and the crop production around the world. can be done. We believe there is a reasonable prospect that this Department of th e fR E A S U R Y WASHINGTON, D C 20220 ENTION: TELEPHONE W04 2041 FINANCIAL EDITOR August 6 , 1973 RELEASE 6:30 P.M. RESULTS OF TREASURY'S WEEKLY BILL OFFERING The Treasury Department announced that the tenders for two series of Treasury one series to be an additional issue of the bills dated May *10, 1973 . and which were invited on July 31, 1973, le other series to be dated August 9, 1973 fe opened at the Federal Reserve Banks today. Tenders were invited for $2,500,000,000, ¡thereabouts, of 91-day bills and for $1,800,000,000, or thereabouts, of 182-day |ls. The details of the two series are as follows: ls, OF ACCEPTED PETITIVE BIDS: High Low Average 91-day Treasury bills maturing November 8 , 1973 Approx. Equiv. Annual Rate Price 97.890 97.830 97.855 a/ 8.347$ 8*585$ 8.486$ 1/ 182-day Treasury bills maturing February 7. 1974 Approx. Equiv. Annual Rate Price 8.537$ 8.687$ 8.650$ 95.684 b/ 95.608 95.627 1/ j a Excepting one tender of $10,000; b/ Excepting five tenders totaling $85,000 49% of the amount of 91-day bills bid for at the low price was accepted 41% of the amount of 182-day bills bid for at the low price was accepted CAL TENDERS APPLIED FOR AND ACCEPTED BY FEDERAL RESERVE DISTRICTS: District Boston HewYork Philadelphia Cleveland Richmond ftlanta phicago ft. Louis’ Minneapolis tansas C itv alias jan Francisco TOTALS Applied For $ 33,580,000 2,810,150,000 23.900.000 34.645.000 35.565.000 20.900.000 185.115.000 40.705.000 30.985.000 37.290.000 43.340.000 124.965.000 Accepted______ I 23,580,000 1,966,600,000 23.900.000 34.645.000 35.565.000 20.900.000 122.075.000 39.195.000 30.985.000 36,2'90,000 42.830.000 125.455.000 Applied For $ 22,825,000 2,505,410,000 11.445.000 54.600.000 21.890.000 21.500.000 156.545.000 73.300.000 23.045.000 34.320.000 39.920.000 144.560.000 Accepted 12,825,000 1,384,510,000 11.445.000 34.600.000 21.890.000 21.300.000 73.645.000 60.800.000 19.045.000 29.320.000 31.420.000 99.560.000 $3,421,140,000 $2,500,020,000 c/ $3,109,160,000 $1,800,160,000 d/ W includes $325,685,000 noncompetitive tenders accepted at the average price1of 97.855 eludes $247,135,000 noncompetitive tenders accepted at the average price of 95.627 nese rates are on a bank discount basis. The equivalent coupon issue yields are ,y9% for the 91-day bills, and 9.17$ for the 182-day bills. K DeportmentoftheTRUSURY ‘HINGTON, m s a à nD.C. r o20220 fmn S m n r jB TlLEPHQNEW04-2O4V FOR IMMEDIATE RELEASE August 7, 1973 TREASURY'S WEEKLY BILL OFFERING The Treasury Department, by this public notice, invites tenders for two series bf Treasury bills to the aggregate amount of $4,300,000,000, or thereabouts, for bash and in exchange for Treasury bills maturing pf $4,303,570,000 August 16, 1973, in the amount as follows: 91-day bills (to maturity date) to be issued August 16, 1973, in the amount |of $2,500,000,000, or thereabouts, representing an additional amount of bills Idated May 17, 1973, and to mature November 15, 1973 ¡originally issued in the amount of $1,692,665,000, (CUSIP No. 912793 SD9), the additional and original pills to be freely interchangeable. 182-day bills, for $1,800,000,000, or thereabouts, to be dated August 16, 1973, and. to mature February 14, 1974 (CUSIP No. .912793 SY3). 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 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 clospg hour, one-thirty p.m., Eastern Daylight Saving time, Monday, August 13, 1973. Tenders will not be received at the Treasury Department, Washington. Nst be for a minimum of $10,000. P>000. Each tender Tenders over $10,000 must be in multiples of In the case of competitive tenders the price offered must be expressed i°n the basis of 100, with not more than three decimals, e.g., 99.925. pay not be used. Fractions It is urged that tenders be made on the printed forms and for warded in the special envelopes which will be supplied by Federal Reserve Banks F inches on application therefor. Banking institutions generally may submit tenders for account of customers Fovided the names of the customers are set forth in such tenders. Others than pnking institutions will not be permitted to submit tenders except for their own (OVER) 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 U 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 $2 0 0 ,0 0 0 or less without stated price from any one bidder will be acceptej in full at the average price (in three decimals) of accepted competitive bids for I the respective issues. Settlement for accepted tenders in accordance with the bids must be made or completed at the Federal Reserve Bank on August 16, 1973, in cash or other immediately available funds or in a like face amount of Treasury bills maturing August 16, 1973. treatment. Cash and exchange tenders will receive equal Cash adjustments will be made for differences between the par value of I 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 accru* when the bills are sold, redeemed or otherwise disposed of, and the bills are ex- I eluded 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. UNITED STATES SAVINGS BONDS ISSUED AND REDEEMED THROUGH Ju ly 31, 1973 'S (Dollar amounts in m illions — rounded and will not necessarily add to totals) D E S C R IP T IO N MATURED S e r ie s A - 1 9 3 5 t h r u D - 1 9 4 1 S eries F a n d G - 1 9 4 1 th r u 1 9 5 2 S eries J a n d K - 1 9 5 2 t h r u 1 9 5 7 AMOUNT AMOUNT vV . outstanding!/ % O U T S T A N D IN G O F A M O U N T IS S U E D A M O U N T I S S U E D i/ redeemed!/ 5,003 29,521 3,754- 4,999 29,499 3,746 1,925 8,493 13,650 15,933 12,54-7 5,722 5,456 5,657 5,615 4-,928 4.^263 4-, 4-68 5,119 5,219 5,4-39 5,259 4-, 961 4^856 4,558 4,586 4-,677 4,552 5,118 4,987 4^881 5,261 5,183 4,923 4,632 4,849 5,581 6,140 2,736 390 1,739 7,662 12,340 14,330 11^142 4,928 4,568 4,661 4^548 3,939 3,407 3^549 3,986 4,010 4,141 3,971 3,699 3,526 3,273 3,201 3,145 2,977 3,149 3,077 2,973 3,069 3,013 2,809 2,538 2,345 2,252 1,839 320 . . . . 411 . i 192,563 140,539 52,024 27.02 5,485 9,174 3,983 3,049 1,502 6,126 27.38 66.78 14,659 7,032 7,628 52.04 207,223 147,571 59,652 28.79 38,278 207,223 245,501 38,244 147,571 185,815 33 59,652 59.685 .09 28 7Q 24.31 .......... 4 22 7, .08 .07 .19 UNMATURED S eries E - ^ : 1941 1942 1 943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1 953 1954 1955 1 956 1957 1958 1959 1960 1961 1 962 1 963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1 U n c la s s ifie d T o ta l S e r ie s E Series H (1952 thru May, 19591^ H ( J u n e , 1 9 5 9 th r u 1 9 7 3 ) T o ta l S e r ie s H T o ta l S e r ie s E ( A ll S e r i e s < and H Tntal m a tu r e d Total unmatured ( G ran d T o ta l 186 831 1,310 1,603 1,405 794 888 997 989 855 920 1,133 1,208 1,298 1,288 1,262 1,330 1,285 1,384 1,532 1,574 1,969 1.910 1,908 2,193 2,170 2,114 2,094 2,504 3,329 4,301 2,417 (21) , 12 / ,7 U{*e s a c c 'u e d d is c o u n t . u , “ ( ' w i r e d e m p t i o n v a lu e . °Ption o f owner b on d s m a y be h e ld a n d w i l l earn in te r e s t for a d d it io n a l p e r io d s a fte r o r ig in a l m a tu rity d a te s . Form PD 3812 (Rev. Jan. 1973; - Dept, of the Treasury —Bureau of the Public Debt 9.78 9.60 10.06 11.20 13.88 16.28 17.62 18 98 20.07 20.06 20.59 22.13 23.15 23.86 24.49 25.44 27.39 28.19 30.18 32.76 34.58 38.47 38. 30 39.09 41.68 41.87 42.94 45.21 51.64 59.65 70.05 88.34 (5.38) - FOR RELEASE 6:30 P. M. August 8 , 1973 RESULTS OF TREASURY’S OFFER OF $2 BILLION OF SEPTEMBER TAX BILLS The Treasury Department announced that the tenders for $2,000,000,000, or thereabouts, of 35-day Treasury Tax Anticipation bills to be dated August 15, 1973, and to mature September 19, 1973, which were offered on July 25, 1973, were opened at the Federal Reserve Banks today. The details of this issue are as follows: Total applied for - $3,879,675,000 Total accepted - $2,000,225,000 (includes $142,075,000 entered on a noncompetitive basis and accepted in full at the average price shown below) Range of accepted competitive bids: High Low Average - 99.091 99.022 99.047 Equivalent rate of discount approx. 9.350$ per annum Equivalent rate of discount approx.10.059$ per annum Equivalent rate of discount approx. 9.802$ per annum 1/ (^7$ of the amount bid for at the low price was accepted) [Federal Reserve ___D is tr ic t Boston New York Total Applied For $ Philadelphia, Cleveland Richmond Atlanta Chicago St. Louis [Minneapolis Kansas City Dal Ion Total 181,545,000 2,078,900,000 132.700.000 160.100.000 20.745.000 44.770.000 588.310.000 19.900.000 209.950.000 68.640.000 2,655,000 371,460,000 $3,879,675,000 *his is on a bank discount basis. Total Accepted $ 116,045,000 627.400.000 92.400.000 75.100.000 20.745.000 19.270.000 482.810.000 15.250.000 209.950.000 67.140.000 2,655,000 271.460.000 $2,000,225,000 The equivalent coupon issue yield is 10.03$. Departmental th e fR EA S U R Y SHINGTON. D.C. 20220 TELEPHONE WG4-204I FOR IMMEDIATE RELEASE August 9, 1973 TREASURY ANNOUNCES ACTIONS ON TWO INVESTIGATIONS UNDER THE ANTIDUMPING ACT Assistant Secretary of the Treasury Edward L. Morgan announced today actions on two investigations under the Antidumping Act of 1921, as amended. In the first case, there is a withholding of appraise ment pending completion of the antidumping investigation, and in the second case there is a tentative discontinuance. These decisions will appear in the Federal Register of August 10, 1973. In the first case, Assistant Secretary Morgan announced that the Treasury is withholding appraisement on metal punching machines from Japan. These machines are used primarily for punching round and shaped holes in metals of various thick nesses and producing duplication of sizes. 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