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FY 1976 - 12/04/74 - Health, Education and Welfare; Labor
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FY 1976 - 12/04/74 - Health, Education and Welfare; Labor
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The original documents are located in Box 8, folder "FY 1976 - 12/4/74, Health, Education and Welfare; Labor" of the White House Special Files Unit Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 8 of the White House Special Files Unit Files at the Gerald R. Ford Presidential Library This Item remard from blue buider labelled [ Muting with Right Goh 12/5/74 to new pore Budget -DAH 4/20/77 MEMORANDUM OF PRESIDENTIAL HANDWRITING FILE CODE DATE: 12/4/74 SUBJECT: Meeting with Roy L. Ash, 12/5/74, to review FY 76 budgets for the Departments of Health, Education & Welfare and Labor RECOMMENDED LETTER MEMO PHONE CALL NEWS SUMMARY NEWS CLIPPING OTHER BRIEFING PAPER TO: THE PRESIDENT FROM: ROY ASH GERALD LIBRARY ? FORD NOTE: Above removed from Special Files Box #4. CHECKMARK ONLY SENSITIVE - NO HANDWRITING this sheet (remound from blue binder 3/24/77 -044) THE WHITE HOUSE WASHINGTON December 4, 1974 MEETING WITH ROY L. ASH Thursday, December 5, 1974 4:00 p.m. (60 minutes) Cabinet Room From: Roy L. Ash I. PURPOSE To review the FY 76 budgets for the Departments of Health, Education, and Welfare, and Labor. II. BACKGROUND, PARTICIPANTS AND PRESS PLAN A. Background: The Departments of HEW and Labor have submitted their FY 76 budgets and OMB and members of ) the White House staff have reviewed their budget requests. The results of this review have been trans- mitted to both departments. This meeting will focus on the issues raised in the Labor and HEW budget review that require Presidential consideration and determinations. B. Participants: Roy L. Ash, Paul O'Neill, and Dale McOmber C. Press Plan: David Kennerly photo. III. TALKING POINTS A. Paul O'Neill what is the first issue we'll be considering in our review of the FY 76 budget for the Department of Health, Education, and Welfare? B. Paul O'Neill, will you begin our discussion of the issues raised by the FY 76 budget for the Department of Labor? BERALO FORD LIBRARY ORIGINAL IN PRESIDENTIAL HANDWRITING FILE THE WHITE HOUSE WASHINGTON MEMORANDUM FOR THE PRESIDENT FROM: ROY L. ASH SUBJECT: 1976 Budget Decisions: Department of Health, Education, and Welfare Secretary Weinberger's initial request, my recommended allow- ance, and his appeal are presented in the tabulation attached at Tab A. The Secretary's appeal letter to you is provided at Tab B. The major outstanding issues on which we need your decision are provided in individual issue formats which include the Department's appeal language. Because HEW involves 14 major issues, we recommend you use the issue formats under the program tabs to register your decisions. OVERVIEW 1976 Effect of 1975 Reduction Decisions The major reductions which you recently approved for your 1975 proposals to the Congress were excluded from the HEW request and appeal. These reductions are not discussed in this material, but account for outlay savings in 1976 as follows: 1976 Outlay Savings ($ in millions) New legislation Medicare cost sharing 1,311 Medicaid matching formula 636 School assistance in federally affected areas (Impact Aid) 30 Change in AFDC matching formula 60 OASDI retirement test 215 Absent parent support 90 Offsetting effect of Medicare and AFDC proposals on Medicaid (Net) -105 Total 2,237 Change in pending legislation OASDI retroactive benefit option 430 AFDC income disregard 203 Medicaid - adult dental care 76 Health resources planning 15 Total 724 2 Administrative actions Medicare reforms 193 AFDC regulations 172 Medicaid actions, including utilization review 20 Total 385 Other rescissions, deferrals, and amendments 159 Total 3,505 HEW Request and Appeal The total HEW appeal is $120.1 billion in outlays. This compares with $93.3 billion in 1974 and $108.1 billion in 1975, based on your recent decisions. The total increase in outlays requested by the Department from your 1975 decision level is $12 billion, of which $11.5 billion is in Social Security and Medicare. There is no programmatic disagreement between OMB and HEW on this portion of the increase. You should be aware, however, of three important items in this area: First, Secretary Weinberger has requested 7,200 more permanent employees for the Social Security Administration as a first installment of what will probably be a 13,000 increase in personnel. We have prepared for your decision a separate analysis of this issue. Second, part of your 1975 reduction proposals were legislative reforms in the uncontrollable program areas of Social Security, Medicare, Medicaid, and Public Assistance. If these bills are not enacted by the Congress, the total outlays for these programs in 1976 will be higher by almost $3 billion. Third, the estimates for Social Security, Supplemental Security Income, Medicare, Medicaid, and Public Assistance benefits will have to be updated before the 1976 Budget is printed. These estimates could be significantly increased by the actual experience from more recent monthly reports. The major uncontrollable programs in the HEW budget make up $106.9 billion of the total $120.5 billion outlay request. There are essentially no programmatic or policy differences between my allowance and the Secretary's appeal in these program areas with the exception of the Social Services program included as an issue sheet. Estimating differences will be resolved as we work toward the final figures for printing. 3 In the controllable programs, the HEW appeal level is higher than the allowance by $973 million in Budget Authority and $465 million in Outlays. It is also $825 million over your 1975 decision level in Budget Authority for controllable programs. There are two basic thematic differences between the allowance and the appeal in the controllable program areas. These differences are reflected in the specific issue sheets. 1. Federal Role. The allowance proposes to begin a gradual phase-out of Federal funding for the direct delivery of health, education, and some social services by increasing the share of program costs borne by state, local, and private grantees -- usually starting with a 20% non-Federal matching requirement in 1976. This shift to shared funding is primarily in areas where the Federal Government has been providing general support for operating programs. It is based on the following: - The Federal Government has no contribution to bring to these operating programs except general funding support with essentially no convincing rationale for the budget level proposed by HEW except limited funds. - Shared funding responsibility will encourage tighter administration and more rigorous evaluation of the worth of programs at the local level. - The present distribution of Federal support for operating service programs is inequitable since it is not based on individual or community ability to pay, but rather on the fortuitous nature of the grant mechanisms. - In the Social Services program, the increase in state and local financial responsibility is consistent with the greater discretion in program design and direction which is being provided in the new legislation now pending in Congress. - In the health services field, Medicare and Medicaid provide more equitable general financial assistance to finance needed care, as will health insurance if it is enacted. - In the education field, the allowance would shift Federal assistance from general operating assistance to programs of innovative development and capacity building. This is the thrust of the allowance for vocational and handicapped education, for example. FORD GERALD 4 - The benefits of income assistance programs and the health financing programs for the poor are increasing commensurate with the general rate of inflation. HEW maintains that this is not a sound course to follow because: - The Congress will not agree to the proposals for program reform if we are asking for dollar reductions at the same time. - It results in reductions in programs which help the poor in a time of inflation. - Federal funding of the direct delivery of health services should be retained until Comprehensive Health Insurance is in place. - State and local governments should not be asked to share more of the costs since their recent surpluses are now expected to be followed by deficits in the near future. The basic problem with the HEW appeal is that it contains no overall conceptual basis for limiting the Federal financial exposure or focusing the Federal role on areas where it can make a significant and meaningful contribution. The HEW request and appeal do not propose to the Congress a structural change in the Federal role in these controllable programs. The HEW proposals merely offer an alternative funding level higher than the allowance but lower than Congress is likely to accept. I do not think that is a sound posture for the Executive Branch. Moreover, in the past it has not given us an adequate basis for resisting additional appropriations. The Congress can always be the high bidder when there is no conceptual limit to the Federal responsibility. We may not succeed in persuading the Congress to limit the Federal role, but we will have reasonable grounds for our position. 2. Protecting the Controllable Programs Against Inflation. The other basic difference between the OMB allowance and the HEW appeal is that the allowance attempts wherever possible to hold the controllable programs at the 1975 revised level. HEW maintains that this ignores the impact of projected inflation and could result for instance in a 10 to 15 percent reduction in health research activity if anticipated inflation occurs. To provide increases as a cushion against future inflation would, if applied government-wide, raise the 1976 Budget totals to unacceptable levels and would, in itself, contribute to even higher inflationary pressures. It would also have the effect of indexing the discretionary programs to price and wage increases and, to that extent, making these programs uncontrollable. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE 1/ 1976 Budget BUDGET AUTHORITY ($ in Millions) 1976 1974 1975 Agency OMB HEW actual estimate request Recom. Appeal Health Agencies 5,304 4,563 5,161 4,341 4,969 Education Division 6,126 5,868 6,120 5,704 5,989 Social and Rehabilitation Service 12,629 14,019 14,083 14,001 14,169 Social Security Administration 75,504 88,882 98,849 98,849 98,849 (Social Security trust funds) (72,190) (83,184) (92,673) (92,673) (92,673) Special Institutions 85 119 139 124 124 Office of Human Development 695 732 784 735 756 Office of the Secretary 113 125 178 163 165 Subtotal 100,456 114,308 125,314 123,917 125,021 Receipts and audit recoveries -16 -134 -134 -134 -134 Total 100,440 114,174 125,180 123,783 124,887 1/ Except Work Incentive Program, which is in Department of Labor totals. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE 1/ 1976 Budget OUTLAYS ($ in Millions) 1976 1974 1975 Agency OMB HEW actual estimate request Recom. Appeal Health Agencies 4,427 5,293 5,224 4,952 5,171 Education Division 4,903 5,791 6,246 5,899 6,087 Social and Rehabilitation Service 13,845 14,049 14,153 14,081 14,241 Social Security Administration 69,515 82,304 93,791 93,791 93,791 (Social Security trust funds) (66,258) (76,732) (87,624) (87,624) (87,624) Special Institutions 113 131 118 115 115 ( Office of Human Development 411 535 733 704 720 Office of the Secretary 81 155 156 153 153 Subtotal 93,296 108,258 120,420 119,694 120,280 Receipts and audit recoveries -16 -134 -134 -134 -134 Total 93,280 108,124 120,286 119,560 120,146 1/ Except Work Incentives Program, which is in Department of Labor totals. GERALD FORD LIBRARY EDUCATION I THE SECRETARY OF HEALTH. EDUCATION, AND WELFARE WASHINGTON, D.C 20201 MEMORANDUM FOR THE PRESIDENT SUBJECT: Fiscal Year 1976 Budget I have received from OMB their mark-up of my budget request for 1976. I understand that Roy Ash wants to present my reactions to the OMB recommendations when you consider the HEW budget for the first time, and I applaud this procedure. The Department's detailed comments, I am told, will be incorporated into the individual issue papers which you will be considering. In this memorandum, I would like to call your attention to certain broader considerations and implications raised by the OMB proposals. You should first consider what has happened to the Department's 1976 budget estimates during the past several months. I have attached a table which records those events (Attachment A, Table I). I have said and deeply believe that HEW must do its share in reaching prudent fiscal totals, and our recommendations have followed that conviction. Inflation, however, is eating us alive, and the prospective economic downturn and rising unemployment will bring us more customers and further increase costs of our programs. The message conveyed by the attached table is the following: We estimated last summer that a normal 1976 budget, without any new initiatives, would be priced at $123-124 billion in outlays. We were asked by OMB to submit a $118.5 billion outlay budget, and we came in below this target. This involved substantial reductions in the normal rate of program cost increases (actually less than half the normal rate of budget growth). The President 2 By the time appropriate inflation assumptions and the results of the President's decisions on the 1975 budget were included, our $118.4 billion submission became $120.6 billion without any increase in real program output. Trust fund receipts, however, have also risen by $2.5 billion 80 that the net effect of the revisions to the HEW budget was to reduce the FY 1976 Federal budget deficit by $300 million. OMB now proposes a reduction of $1.4 billion in budget authority and $700 million in outlays for the Department's controllable programs. They do 80 in a very uneven way with the heaviest reductions coming in health and education. (See Attachment A, Tables II and III.) I fully agree with the need for fiscal prudence. I am afraid that the OMB recommendations are programmatically unbalanced and politically not possible of achievement. Thus you would be hurt by asking for things which will not be agreed to. The results would be the worst of two worlds: You absorb all the political heat with no hope of budgetary constraint. You and I have both stated publicly our intention to preserve programs which actually help the poor. The OMB recommendations break that commitment. Virtually every program in the education area targeted to special groups was severely reduced (Indians, blacks, spanish speaking and asians) and programs for the handicapped were cut across-the-board. Health programs serving the poor and migrants were heavily reduced. Progress in expanding health services for Indians would be halted. The President 3 Educational program reductions were concentrated in the elementary and secondary area as opposed to higher education and research. Health program cuts fall heavily in services which are particularly troublesome since we have said publicly that these service programs should be retained until comprehensive health insurance is in place. Many of the cuts seem predicated on the notion that State and local governments can shoulder a larger share of the burden. While last year's figures lent credence to such an argument, this year's economic picture removes that argument. State and local treasuries as well as ours are in substantial trouble. The State and local budget surpluses of the past several years are turning into substantial deficits for 1974 and 1975; by some estimates, over $7 and $11 billion respectively. The policy of holding program budgets to the 1975 revised level actually makes major reductions in 1976 since the budget assumptions ignore the impact of inflation. Thus, a level budget proposed for the National Institutes of Health really means a 10 to 15 percent reduction in health research activity. The proposed budget reductions in controllable programs failed to take into account any of the Department's overall strategy of program reform. They ignore our planning and thus destroy our ability to operate within reasonable budget levels--the various program pieces no longer add-up to any coherent whole. As a result, Agency Heads and others in key leadership positions are left to carry out fiscal reduction decisions which both ignore and block their planning for the future. The President 4 The proposed allowance would again have us seek program reforms from Congress while at the same time cutting the budget. For example, consolidation of the several vocational education programs is still proposed, but with substantially less funds than previously allocated to each of the pieces of the consolidation. This approach has repeatedly been rejected by Congress. It defeats con- solidation before being seriously considered by the Congress, and we see no point in trying it again in fiscal year 1976. I am, as you know, loath to increase Federal personnel. Nevertheless, I must point out that many of the OMB actions fail to recognize the need to administer programs effectively we are mandated by statute to run. If we fail to administer properly the programs assigned us, we can hardly expect favorable treatment by the Congress of the reforms we seek. A budget of the kind OMB recommends is a prescription for failure. While I can accept a portion of the reduction which OMB recommends, I am asking you to restore $465 million* of the $730 million in outlays cut by OMB, and 2,286 positions of the 3,467 cut. The personnel appeal is exclusive of the Social Security Administration, St. Elizabeth's Hospital, and the Office of the Secretary. The principal areas where we are seeking restorations are as follows: -- Approximately $200 million for restoring programs aimed at the poor and disadvantaged. These programs include neighborhood health centers, maternal and child health, Indian health and education, bilingual education, and alcoholism programs. I emphasize that except for alcoholism, these programs help only the poor and disadvantaged, and at least a large portion of the alcoholism funds help the same groups. *$85 million could be offset in your budget submission by again seeking legislation to cease operating Public Health Service hospitals. GCRALD FORD VIBRABY The President 5 - An additional $65 million for programs aiding the handicapped including vocational rehabilitation grants to States, education for the handicapped, and the extension of head start services to handicapped children. -- An additional $95 million for the National Institutes of Health and health research activities to maintain a balanced effort in 1976. -- $65 million to carry out the Department's proposed vocational education legislation which would consolidate existing programs and focus additional aid on vocational training for the disadvantaged. -- An additional $20 million to maintain the preventive health and consumer protection programs of the Food and Drug Administration and the Center for Disease Control. We also ask that you reject the OMB proposal to submit legislation decreasing Federal matching for social services under Public Assistance to 65 percent in 1976 and 50 percent in 1977. This proposal would destroy the progress made thus far in working out compromise legislation with Congress to reform this program. Less than two weeks ago, the Department testified before the House Ways and Means Committee that this matching rate would remain at 75 percent. The Committee responded by unanimously approving our compromise. In addition, I do not believe that we can justify further shifts of costs to States and localities in light of their sharply deteriorating fiscal position. The additional funds required by this revision could be made within the total proposed by OMB for Public Assistance programs. Secretary Enclosures Attachment A Table I: The Development of the HEW Budget Outlay in billions Preliminary HEW budget projection * $ 123.5 OMB planning ceiling 118.5 HEW budget request, September 30, 1974 118.4 Budget Revisions: New OMB economic assumptions +3.7 Impact of 1975 Presidential decisions -1.7 Other revisions +.2 Revised budget 120.6 Outlay increase over September 30 budget +2.2 Additional trust fund income +2.5 Net effect of revisions on Federal deficit -0.3 Table II: Non-controllables VS. Controllables (in billions) Non-controllable programs: HEW OMB Difference Budget authority 112.9 113.0 +.1 Outlays 107.8 107.9 +.1 Controllable programs: Budget authority 12.6 11.2 -1.4 ( Outlays 12.8 12.1 -.7 Table III: Reductions in Controllables (1976 budget authority in millions) HEW OMB Difference Health agencies 5,116 4,287 -829 Education Division 5,605 5,182 -423 Human Development/Social and Rehabilitation Service 1,770 1,638 -132 Total reductions 1,384 * Based on continuing all programs existing in July 1974. H-1 1976 Presidential Determinations Department of Health, Education, and Welfare Food and Drug Administration ($ in millions) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recom. BA 165 196 225 196 218 196 0 165 189 209 195 200 195 Allowance: The allowance held FDA to its 1975 level. HEW Appeal: HEW appeals for restoration of its entire original request, excluding $7 million to be requested subsequently for legislation if enacted. The HEW appeal is for a $22 million in- crease over 1975. The Secretary's letter refers to FDA as one of the five "principal areas where we are seeking restorations." HEW maintains that the OMB allowance would: " require absorption of $2 million in mandatory expenses -- not permit any expansion of FDA's activities." The Department's original request for FY 1976, on the other hand, "would support expansion of the agency's scientific and regulatory activities, including: -- inspection of an additional 2,400 food establishments (for a total of 35,4.00), thus reducing the average time between inspections from 2.4 to 2.3 years -- more than doubling the number of retail food samples examined (to 56,000 samples) -- inspection of an additional 500 drug firms (for a total of 3,500) -- timely review of 90 percent of new animal drug applications (an increase of 500 applications for a total of 2,700) GERALB FORD CIBRARY H-2 -- inspection of an additional 300 manufacturers of medical devices and diagnostic products (for a total of 1,500) and the publication of 10 proposals for medical device standards (double the number to be published in FY 1975) -- more than doubling the number of diagnostic X-ray installations inspected to reduce unnecessary patient exposure (for a total of 5,000) -- expansion of the agency's legal staff by 20 in order to increase the rate at which legal action can be taken against violators of the food and drug law. " OMB Recommendation: We recommend affirming the original allowance, on the grounds that decisions on program levels in FDA cannot be definitively related to degrees of consumer health and safety. There is, for example, no objectively "right" inspection rate or level. Moreover, necessary program initiatives or expansions can probably be provided through reallocations from lower priority program areas. Finally, as compared to other areas (e.g., occu- pational cancer research), we believe FDA is relatively well-funded at the allowance level. December 2, 1974 1976 Presidential Determinations Department of Health, Education, and Welfare (Budget Authority in millions of $) Food and Drug Administration 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation Foods 66.5 63.8 69.5 63.8 68.0 63.8 Drugs 63.2 76.5 90.2 76.5 85.4 76.5 Radiological Products 14.9 16.5 18.1 16.5 18.1 16.5 National Center for Toxicological Research 9.0 10.9 16.0 10.9 16.0 10.9 Program Management 11.3 27.7 27.9 27.7 27.9 27.7 Buildings and Facilities -- 1.0 3.0 1.0 3.0 1.0 Total 164.9 196.4 224.7 196.4 218.4 196.4 GERALD R.FORD FORD H-3 December 2, 1974 H-4 1976 Presidential Determinations Department of Health, Education, and Welfare Health Services Administration ($ in millions) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recom. BA 1,216 1,129 1,261 972 1,240 982 0 907 1,098 1,216 1,052 1,200 1,055 Allowance: The allowance included a 20% reduction in the narrow categorical health service delivery programs with a requirement that grant recipients match 20%. These programs would be phased- out over a four-year period at 20% a year with funding responsi- bility shifted to grantees. Other HSA programs will generally be funded at the 1975 level. This policy action reflects the existence of over $22 billion in Medicare and Medicaid to finance services to the aged and low-income. The allowance also provided $40 million rather than $84 million for PSRO's and held other programs at the 1975 level. HEW Appeal: HEW appeals all of the items in the allowance -- except $20 million of the $40 million PSRO reduction and the lower emer- gency medical services program level -- and. requests an additional $5 million for the National Health Service Corps. The HEW appeal is based upon a concern that grantees, especially State and local governments, cannot assume the 20% non-Federal match that the pro- posed phase-out calls for and that, as a result, services to beneficiary groups will be reduced. HEW also believes a higher PSRO funding level is necessary to main- tain momentum and that the health maintenance organization and emergency medical services programs should be expanded and perpetu- ated beyond their current expectations. Detailed HEW comments are attached behind the table. OMB Recommendation: We recommend affirming the allowance on a gradual phasing-out of narrow categorical health service delivery programs in light of the Federal Government's $22 billion in financing programs -- Medicare and Medicaid. Such a strategy stressed a Federal role limited -- in the area of health services -- to financing through national programs rather than a series of project grants to a few favored grantees who fortuitously receive grants while citizens of other communities are limited to the more uniform financial assistance available under Medicare and Medicaid. H-5 On PSRO's we recommend allowing a $50 million program with policy guidance that HEW fund evaluations during the current year that will determine the effectiveness of PSRO's for consideration in 1977. In other program areas -- Indian Health Service, National Health Service Corps, Health Maintenance Organizations, and PHS hospitals -- we recommend holding to the 1975 program levels only recently ap- proved by the President. In Indian health, the current funding levels result in a force of 8,000 Federal employees for 500,000 beneficiaries and roughly $576 per Indian or over $2,300 annually for an Indian family of four. The current funding levels for National Health Service Corps and Health Maintenance Organizations reflect a demonstration responsibility of the Federal Government rather than a strategy of national "wall-to-wall" grants. We also recommend holding PHS hospitals to the current level of activities rather than expanding their outreach activities for non-eligible community beneficiaries. HEW also proposes extending the authorities for the Health Maintenance Organizations and Emergency Medical Services programs which do not expire until 1977 and 1976, respectively. We recom- mend against expanding those programs on the grounds that the existing authorization periods allow a five-year period during which an ample number of Health Maintenance Organizations and Emergency Medical Services demonstrations will have been funded at Federal expense. December 2, 1974 1976 Presidential Determinations Department of Healt Education, and Welfare (Budget Author in millions of $) Health Services Administration 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation Health Services: 1. Community health services (a) Grants to States 90 45 -- -- -- (b) Neighborhood health centers 205 200 207 160 207 160 (c) Maternal and child health 266 265 289 213 289 213 (d) Family Planning 101 100 97 80 97 80 (e) Migrant health 24 24 34 19 34 19 (f) Health maintenance organizations 61 19 50 18 50 18 (g) National health service corps 9 9 23 9 28 9 Subtotal 756 662 700 500 704 500 2. Quality Assurance (a) Medical care standards. 6 6 12 6 12 6 (b) PSRO's 33 37 84 40 60 50 Subtotal 39 43 96 46 72 56 3. Patient care and special health services 105 108 118 109 117 109 4. Emergency medical services 27 27 34 27 27 27 5. Buildings & Facilities 21 1 -- : : : 6. Program management 34 32 38 28 36 28 Less trust fund transfer -22 -33 -55 -25 -42 -2.5 H Indian Health Service 250 288 330 288 326 288 Emergency health 6 -- : -- -- Total HSA BA 1,216 1,129 1,261 972 1,240 982 O 907 1,098 1,216 1,052 1,200 1,055 Attacnment H-7 HEW Comments OMB allowance means a 20% reduction below 1974 budget of $1.2 billion for programs primarily serving the poor and others with limited geographic access to care. The Department is asking for $267 million and related positions above the OMB allowance to proceed with the proposed 1976 program efforts. Reduction is premised on incorrect assumption, i.e., State and local governments can assume greater share of the cost. Where possible, the Department's request had already assumed maximum support of health services by third party resources such as Medicare and Medicaid and fees assessed to participants rather than increases in direct appropriations. Services reduced by this allowance include those provided through community health centers, maternal and child health centers, migrants and Indians, family planning services, and placement of physicians in health manpower shortage areas. This would mean a: 27% reduction in the estimated 9 million preventive health services provided to mothers and children in 1975. -- 17% reduction in the 1.6 million women receiving care at HEW family planning centers in 1975. 30% reduction in the 200 health manpower shortage areas staffed in 1975. Further reductions in care to Indians and migrants, who already rank as the groups with the poorest health status compared to other Americans. Indians, for example, have a death rate 1.2 times that of the other Americans." Professional Standards Review Organizations The OMB allowance reduced the Department's request of $84 million to $40 million. The Department is requesting a restoration of $20 million. In the 1975 budget the Administration stated its objective of establishing PSRO's in all 203 areas designated throughout the country by 1977. The Department feels this program is clearly cost-effective; PSRO's have already shown evidence that they can decrease hospital stays. The 1975 budget would have established 77 operating grants, most of which had previously been funded as planning grants, but Congress cut this back to 49 operating grants. H-8 The OMB allowance would only add 10 operating grants to the 49 appropriated in 1975 and further requires termination of 46 planning grants which are ready to move into operating status in 1976. The Department's appeal would permit 39 new operating grants and require termination of 17 planning grants." Legislation: Health Maintenance Organizations and Emergency Medical Services " The allowance also recommends that the Department not be allowed to seek extension of the legislation for the Health Maintenance Organization (HMO) and Emergency Medical Services Programs (EMS). EMS was enacted at end of calendar year 1973, amd has just gotten underway. Department intends to continue it through 1977. -- To terminate EMS prematurely would waste already expended funds, and not allow newly initiated EMS systems to be completed. HMO legislation also enacted at the end of calendar year 1973, and initial grant awards are just now being made. -- HMO's were publicized in FY 1975 as a major Presidential initi- ative to improve the distribution of health and control rising health costs. -- Termination would be counter-productive to the strategy of improving health care and lowering costs." Extend H-9 1976 Presidential Determinations Department of Health, Education, and Welfare Center for Disease Control ($ in millions) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recom. BA 142 137 160 124 146 128 0 131 136 165 143 158 144 Allowance: The allowance requires a reduction of 20% in venereal disease and immunization project grant funding to be made up by a 20% match on the part of grant recipients. It also reduces disease surveillance activities by $1 million. Otherwise, it holds CDC programs to their 1975 level or the HEW 1976 request level. HEW Appeal: HEW appeals the allowance on the basis that it would: " require a 20% reduction (and eventual termination) of federal efforts to assist States in control of venereal and vaccine-preventable diseases, thus breaking the momentum of the national campaign against epidemic levels of venereal disease (which is just beginning to show results) and reducing resources available to address low levels of immunity against such diseases as measles, polio, and whooping cough among pre-school age children, particularly in inner city and rural areas; -- not permit intensification of effort to identify, prevent, and reduce cancer of occupational origin (which accounts for a major portion of the estimated 600,000 new cancers developed annually and the 350,000 cancer deaths annually); -- not permit contracts to demonstrate the potential of influenza immunization and of surveillance and diagnosis of birth defects by State health department laboratories for reducing national medical care costs; -- not permit re-orientation of federal health education efforts, as recommended by the President's Committee on Health Education; and GERALD POND H-10 -- not permit new efforts to ensure that 30,000-50,000 clinical laboratories based in physicians' offices (and not subject to Federal licensure) have available to them the latest knowledge of diagnostic methods and materials." Nevertheless, it should be noted that HEW is appealing only the first two components of the allowance--the 20% project grant reduction and the occupational cancer program. OMB Recommendation: We recommend: -- affirming the allowance to reduce venereal disease and immunization project grant funding by 20% and require a 20% grantee match on the grounds that (a) it encourages tighter management on the part of grantees and more vigorous evaluation of program worth; (b) the Federal Government supports venereal disease and immunization activities primarily--and in substantially greater amounts than with project grants--through Medicaid; and (c) direct Federal project grant funding represents only a tiny portion of total State and local resources devoted to venereal disease and immunization activities; and -- allowing $4 million of the requested $8 million increase to mount a new program in occupational cancer research, since this has been an area of heightened concern over the past year (the detection of vinyl chloride as a carcinogen, etc. ) The entire requested increase is not necessary given the existing funding for related work in the National Cancer Institute. December 2, 1974 1976 Presidential Determinations Department of Health, Education, and Welfare (Budget Authority in millions of $) Center for Disease Control 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation Disease Control: (a) Project grants: (1) Venereal disease 24.8 24.8 24.8 19.8 24.8 19.8 (2) Immunizations 6.2 6.2 6.2 5.0 6.2 5.0 (3) Rat control 13.1 13.1 10.1 10.1 10.1 10.1 (4) Lead paint poisoning. 9.0 6.5 3.5 3.5 3.5 3.5 (b) Laboratory improvement 8.6 9.1 : 8.5 8.6 10.3 8.6 (c) Health education 1.7 3.0 4.6 3.0 3.0 3.0 (d) Disease surveillance 40.7 38.3 46.0 37.3 42.1 37.3 Occupational health 29.1 27.4 36.4 27.4 36.1 31.4 Program direction 6.6 8.8 14.6 8.8 11.1 8.8 -- Buildings and Facilities 2.0 3.0 : -- -- TOTAL 141.7 136.7 159.5 123.5 145.8 127.5 H-11 December 2, 1974 H-12 1976 Presidential Determinations Department of Health, Education, and Welfare National Institutes of Health ($ in millions) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recom. 1749 BA 1,785 1,725 1,984 1,725 1,893 1,725 (HEW- NCI) (527) (566) (617) (566) (590) (566) (NCI Appeal) -- -- (899) -- (899) : O 1,603 1,852 1,854 1,742 1,817 1,742 Allowance: The OMB allowance held NIH at the 1975 overall funding level in 1976. Within the total allowance, research training funds were limited to support for 1,000 new postdoctoral fellowships. For the National Cancer Institute, the 1975 level would also be carried into 1976. HEW Appeal: HEW has appealed for increases of $168 million over the allowance, stating that the level of new research and training funds would be too low compared with 1974 and 1975 funding. HEW argues that it could not effectively implement new legislation, such as the new National Institute of Aging, within the allowance. HEW has also appealed the allowance for research training. HEW pro- poses to increase the amount for training in 1975 and to reallocate training funds in 1975 and 1976 to provide for predoctoral training and institutional training support "to meet congressional intent as expressed in the National Research Service Act." The HEW appeal includes increased funds for an uninterruptible power source, additional positions, and physicians bonus pay--all of which would have been allowed by OMB within the total allowance. NCI Appeal: The National Cancer Institute, in a separate appeal, has stated that it should be returned to its originally-requested level of $899 million. NCI argues that its program has been a success, and therefore should be continued at the maximum rate possible. NCI states that it would accept an intermediate level of $786 million, if the full request is not possible. HEW's appeal for NCI is $590 million. The texts of the HEW and NCI appeals are shown in the attachment behind the table. H-13 OMB Recommendation: We recommend staying at the allowance level for NIH research. Although the allowance for NIH research is admittedly a tight one, NIH would still be able to maintain a sub- stantial amount of research begun in previous years. A limited amount of high priority new research would also be permitted under the allowance. A tight allowance provides incentives for NIH to initiate administrative reforms to free-up additional funds for new research. Consistent with the 1975 reduction exercise, cancer research fund- ing should be treated like other NIH research based on the close similarity of the research supported. Basic research funded by NCI is virtually indistinguishable from other basic research funded by NIH and the reseach breakthroughs in cancer may just as well come from other NIH research. At the allowance level of $566 million, the NCI budget reflects an expanded research effort that has grown by 143% since 1971, when the priority research initiative was announced. By comparison, NIH research, as a whole, has grown by 42%. We also recommend reaffirming the policy announced in the 1975 budget of limiting NIH training to postdoctoral awards. The HEW appeal includes funding for new research pre-and postdoctoral and training awards in 1975, and an increase in 1976 for predoctoral and postdoctoral training. HEW believes this implements the "intent of Congress" under the new National Research Service Award authority. The Administration's announced policy has been to limit new research training to postdoctoral fellowships on the rationale that predoc- toral support is available through other sources, especially the general student support programs of the Office of Education and because there is no acceptable basis for singling out "life sciences" students for special Federal subsidies. NIH proposes to provide funds for more trainees than the number of new scientists it supports annually in its research programs. This excess of trained researchers is one reason for the seemingly insatiable demand for research funds. 1976 Presidential Determinations Department of Health, Education, and Welfare (Budget Authority in millions of $) National Institutes of Health 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation National Cancer Institute BA 527 566 617 566 590 566 O 423 553 607 569 580 569 (NCI Recommendation) BA (899) (899) O (746) (746) Other Research Institutes BA 1,211 1,112 1,315 1,112 1,253 1,112 (Research Training) BA (128) (128) (143) (124) (142) (124) Other NIH BA 47 47 52 47 50 47 Total, NIH BA 1,785 1,725 1,984 1,725 1,893 1,725 O 1,603 1,852 1,854 1,742 1,817 1,742 (NCI Recommendation) BA (2,266) (2,202) O (2,037) (1,983) H-14 December 2, 1974 Attachment HEW Appeal H-15 The 1976 allowance would hold research institutes and divisions to the 1975 revised budget totals, a reduction of $60 million below 1974 and $365 million below the 1975 Conference Committee action. -- New research program grant awards would be reduced to less than 13 percent of the total program, as compared with 26 percent in 1975 and 36 percent in 1974. -- New research initiatives embodied in new legislation (e.g., the new National Institute on Aging) could not be effectively funded. -- The number of new trainees in biomedical research would be cut by 50 percent, thus making it impossible to honor the three year funding program announced by the administration in 1974. The Department requests an increase of $168 million over the OMB allowance to be distributed as follows: -- $140 million for new research grants, contracts and intramural research principally in order to expand research efforts in areas of basic research such as immunology, virology, genetics, endocrinology and the molecular biology of disease. -- OMB's suggestions regarding savings to be achived through adminis- trative reforms appear to have some merit and deserve further study, however, we would point out that such reforms should be considered and if found desirable, applied on a Government-wide basis. -- $18 million for research training that would include a minimum of predoctoral and institutional awards to enable us to meet Congressional intent as expressed in the new National Research Service Act; and -- $9.4 million for an uninterrupted power source for the clinical center, the cost of the bonus pay for NIH/PHS physicians, and the cost of the 200 additional staff also requested, principally, to maintain the level of effort proposed and for the intramural laboratory and clinical research programs." NCI Appeal "The requested $898.5 million level for 1976 represents the resources necessary to exploit the available science base and continue the momentum that has been developed within the National Cancer Program. However, recognizing the other demands on the Federal Budget, a minimum of $786 million would allow the program to progress in an orderly fashion. To reduce the level below $786 million would seriously impede the achievement of objectives of the National Cancer Program as called GERALD PORO H-16 for in the National Cancer Act. Additionally, the proposed Budget uthority for the National Cancer Program for FY 1975 of $566.5 million is $14.6 million below that obligated in FY 1974, and $125.2 million below the Congressional Appropriation. Of all diseases, the American people fear cancer the most, unfortunately with good reasons. This new program was begun in 1972. It is a bona fide success and is already saving and ensuring good lives. Americans and others know and very much appreciate this. The program will more than pay for itself through better health and through tax revenues of people returned to work. The impact of this cut will be a severe reduction in new reseach projects that can be supported and the termination and/or cutback of existing high priority projects, resulting in a certain increase in the number of patients and families exposed to the ravages of cancer." H-17 1976 Presidential Determinations Department of Health, Education, and Welfare Alcohol, Drug Abuse, and Mental Health Administration ($ in millions) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recom. BA 833 718 789 686 749 686 0 632 862 810 774 791 774 Allowance: The allowance reflects maintaining the Alcohol, Drug Abuse, and Mental Health Administration's (ADAMHA) research at the 1975 level. The phase-out of training would be continued and support for 100 new postdoctoral research fellowships would be allowed. The community mental health centers (CMHC) would continue to be phased out. No new multi-year commitments for alcoholism projects would be made. The period of support for alcoholism projects currently eligible for their second or third and last year of Federal support would be expanded to four years but an increasing non-Federal match would be required so that generally the non-Federal match for projects in their first, second, third, and fourth year is at least 20%, 40%, 60% and 80%, respectively. There would be no new awards for drug abuse demonstration projects, but by decreasing the Federal match about 10% below the current 80% Federal match the allowance would support the present federally- funded treatment capacity of 95,000 slots. The funded slots would continue to be targeted primarily for heroin abusers. Support for direct operations and program management was reduced in proportion to overall program decreases and also reflects elimination of lower priority management and information activities. St. Elizabeths Hospital would be proposed for transfer and funds for renovation and new construction would be requested after transfer. Funding for St. Elizabeth's operating costs, however, is already included in the allowance. HEW Appeal: The HEW appeal on these programs states: "Mental Health Research - Allowance would halt new research in schizophrenia, depression, aging. Appeal will allow $16 million in new starts in these areas. Drug Abuse Research - Appeal would restore new starts in such areas as new treatment methods, marihuana research. H-18 Community Projects - Appeal would permit support of the 95,000 treatment slots mandated for the drug program. Alcohol Research - Appeal permits new research in diagnosis, biological effects, and treatment and restores a $1.3 million cut into the commitment base. Community Projects - Appeal would permit new starts in research covering high risk populations (Indians, poverty). St. Elizabeths - Buildings and Facilities - Allowance eliminates funds which were entirely directed to badly needed repairs to existing plant. Proposal to transfer St. Elizabeths to D.C. has little chance unless St. Elizabeths facilities are improved." OMB Recommendation: We recommend affirming the allowance which allowed about $12 million for new research starts which, although tight, would still allow support for promising and important new research in many areas including those described as being "halted." The allowance provided adequate support for 95,000 drug abuse treatment slots but it requires HEW to maximize the non-Federal match wherever possible. This is consistent with the original objectives of the Federal drug abuse initiative. Moreover, of the current utilized capacity, only 2/3 is devoted to the priority target group, i.e., heroin addicts. The allowance for alcoholism projects would fund all existing program commitments at a 80% Federal match and reflects a policy of phasing out Federal support for categorical project grants. In 1976, HEW will still be supporting over 300 alcohol community projects that more than adequately research and demonstrate the provision of care for alcoholism to -- among others -- high risk populations. In fact, only $3 million of the HEW appeal is for new starts for high risk populations and the Secretary, in his letter, points out that only some alcoholism programs help the poor and disadvantaged. While we recommend seeking all funds necessary for St. Elizabeths facility repairs, we believe these should be sought once the hospital has been transferred as part of an effort to bring about the transfer. December 2, 1974 1976 Presidenti eterminations Department of Health, Education, and Welfare (Budget Authority in millions of $) Alcohol, Drug Abuse and Mental Health Administration 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation General Mental Health: Research 90 81 91 81 88 81 Training 100 64 48 45 45 45 Construction 14 -- -- -- -- -- Staffing grants 156 172 142 135 135 135 Children's services 19 27 26 25 25 25 Management & Information 23 19 21 18 20 18 Subtotal 402 363 329 305 314 305 Drug Abuse: Research 37 32 38 32 36 32 Training 15 10 7 3 3 3 Projects 161 121 138 127 138 127 State grants 15 35 40 35 35 35 Management & Information 16 13 16 14 14 14 Subtotal 243 211 238 211 226 211 Alcoholism: Research 8 9 20 9 15 9 Training 7 2 7 7 7 7 Projects 67 25 66 45 66 45 State grants 46 46 46 46 46 46 Management & Information 10 9 10 7 7 7 Subtotal 138 90 148 114 140 114 Buildings and Facilities -- -- 12 -- 12 -- Program Direction 9 10 12 10 12 10 St. Elizabeths Hospital 40 44 50 46 46 46 H-19 Total BA 833 718 789 686 749 686 O 632 862 810 774 791 774 December 2, 1974 H-20 1976 Presidential Determinations Department of Health, Education, and Welfare Health Resources Administration ($ in millions) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recom. BA 1,110 594 664 556 654 556 0 956 1,092 888 960 925 960 Allowance: The phase out of health manpower capitation grants is continued, and there would be no "new starts" in health manpower special project activities. Funding for National Health Service Corps scholarships is increased by $10 million. The allowance includes $75 million for the new health resources planning legis- lation, and $100 million--as in 1975--for hospital modernization project grants. Health statistics receives $25 million and health services research $26 million in the allowance. No funds are included in either 1975 or 1976 for the proposed new pre-doctoral health services research training program. HRA program management would be held to $40 million. HEW Appeal: The HEW appeal goes back to the amounts in the original request for health statistics and health manpower special projects, and would increase health services research by $20 million above the allowance. Program management would be restored to a level consistent with the revised 1975 request, including the salaries and expenses associated with health resources planning. In sum, HEW maintains that the OMB allowance: -- "virtually halts all initiatives associated with preparation for comprehensive health care financing system"; -- "prevents acquisition of essential data on which to determine gaps in resources and services and base decisions on appropriate regulatory and legislative proposals"; and -- "eliminates possibilities of strengthening primary care resource capacity. Family medicine, nurse practitioner, and physician assistant training reduced sharply.' H-21 OMB Recommendation: Remain at the allowance levels. The HEW appeal is couched in very general terms, which do not clarify what opportunities would be foregone by adoption of the OMB allowance levels. With reference specifically to the above- quoted HEW position on the allowance: -- it is unclear which HRA activities are deemed to be "initiatives associated with preparation for compre- hensive health care financing If this is meant to refer broadly to health services research, the allowance provides for a level of "new starts" that is approximately the same as in 1975, some of which would be associated with health care financing issues. Moreover, "preparation for comprehensive health care financing" is an ongoing concern of other parts of HEW, as well as of HRA; -- the allowance does not prevent acquisition of needed data, but in fact would provide a $3.5 million increase over the 1975 level for further development of the co- operative health statistics system's vital statistics, manpower, and facilities components; and -- the allowance neither "eliminates" capacity building in primary care, nor sharply reduces support for family medicine, nurse practitioner, and physician assistant training. The allowance permits funding of the continuation costs for such activities that are currently being supported. December 2, 1974 1976 Presidential Determinations Department of Health, Education, and Welfare (Budget Authority in millions of $) Health Resources Administration 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation Health Statistics 19 22 39 25 39 25 Health Services Research 1 70 36 53 26 46 26 Health Manpower: Capitation Grants 220 125 101 101 101 101 "Special Projects" 128 128 155 97 155 97 NHSC Scholarships --2/ 13 13 23 23 23 Other Student Assistance 122 67 52 45 45 45 Other 86 15 15 15 15 15 Subtotal 556 348 336 281 339 281 HRA Program Management 40 40 3 52 40 46 40 All other HRA 425 148 184 184 184 184 TOTAL, BA 1,110 594 664 556 654 556 Outlays 956 1,092 888 960 925 960 H-22 1/ Includes $27 million for EMS grants, transferred to the Health Services Administration 2/ Excludes $3 million for this activity transferred from the Health Services Administration. 3/ Excludes $6.6 million in salaries and expenses covered under "health resources planning" activity. GERALOR December 2, 1974 CHON E-1 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Bilingual Education 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 58 70 70 55 70 55 o 35 44 61 61 61 61 Allowance: This program has provided support to local education agencies for programs of classroom activities, inservice teacher training and materials development. The allowance reflects the following changes from the FY 1976 requested amount: -- Termination of the materials development portion of the program. -- No new starts in the project grant portion of the program. -- No increase in teacher training. -- Phase-out Federal support by 1978. HEW Comment: -- Department requests restoration of $15 million cut by OMB allowance, bringing total for bilingual education to $70 million. -- Reduction is inconsistent with Administration testimony in response to Lau Supreme Court decision. In that testimony the Federal role was stressed for developing varied models for programs to impart competence in English. OMB allowance of $38.9 million for projects would provide for no new model building; would support 239 continuation projects serving about 167,000 students. Restoring $7.3 million would provide for 45 new demonstrations serving an estimated 30,000 additional students. 03RALD FORD LIBRARY E-2 HEW request of $16.7 million for training would serve about 9,000 inservice trainees at approximately $900 each; 1,400 preservice scholarships at about $3,500 each; 100 fellowships at $6,000 each; and 20 projects averaging $150,000 at insti- tutions of higher education. Reduction of $730,000 by OMB would be felt in inservice training since the allowance would provide for fewer classroom projects. Some 800 fewer teachers, aides, and other personnel would be trained at this program level. Recommend restoration of $7 million included in original request for materials development. As part of capacity building effort in bilingual education, request would support about 10 centers in 1976. The only curricula developed to date have been in Spanish and now, because of the Lau decision, materials need to be developed in several other languages. OMB Recommendation: ( change from the allowance. Since the program is forward funded, e effect of the FY 1976 reduction will not be felt in outlays until FY 1977. Given the requirements of the Lau decision, we believe local educational agencies should be working, on their own, toward compliance by FY 1976. Hence, we see no need for new Federally supported projects beyond FY 1976. We see no justification to increase teacher training above the FY 1975 level. We also believe that, given the broad requirements of Lau, sufficient demand for new textbooks will cause an adequate response from the private sector to develop sufficient curriculum materials. An open-ended Federal commitment at a higher level of funding will invite: -- Additional unrequested funding by the Congress. -- Inflated but unfilled expectations on the part of bilingual citizens, since no one is proposing that the Federal budget meet all of the need. -- School districts awaiting Federal assistance instead of assuming their financial, program and legal responsibilities. E-3 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Indian Education 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation 1 BA 40 2 46 -- 40 O 18 39 43 4 43 4 Allowance: The allowance reflects the decision to seek termination of the program through a rescission of $40 million, the forward-funded component, in the FY 1975 appropriation. Two million dollars would be provided in FY 1975 for administration. In FY 1976, no new funds would be requested. This recommendation is based upon the view that this program does not add anything of special programmatic value and is duplicative of other existing educational authorities which are etter able to serve Indian citizens. HEW Comment: Appeals FY 1975 rescission of $40 million and $43 million of $46 million included in original 1976 HEW request. (1975 rescission was not included in November 26 package trans- mitted to Congress). Terminating this program would affect more than 220,000 Indian students benefitting from grants to local educational agencies to meet the special educational needs of Indian children, and more than 1,200 school districts in both 1975 and 1976. -- Although OMB and the Department felt at the onset of this program in FY 1973 that this target group was reached directly or indirectly by other education programs, pre- liminary reports we have received on the joint Office of Education-Bureau of Indian Affairs study indicate that such Reflects rescission of $40 million in Budget Authority in FY 1975. E-4 is not the case. This program is the only one which provides for extensive Indian involvement in allocating funds to meet specific educational needs of Indians. The program has strong Indian support. OMB Recommendation: No change from the allowance. OMB recommends that the program be terminated through rescission in FY 1975 and no funding requested in FY 1976. Although the study cited may well indicate that certain groups of Indians are not being served through existing authorities, we do not believe this is sufficient reason to maintain new, duplica- tive authorities. Rather, we believe that deficiencies in existing authorities should be improved. Further, changes can also be made in existing educational authorities (ESEA Title I, Impact Aid, Johnson-O'Malley) to provide for increased involvement of citizens in the allocation of funds. Funding for Indian education from the Bureau of Indian Affairs above is $221 million in FY 1975. This is augmented by funds from other existing Federal authorities such as Impact Aid and Title I funds. E-5 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Education for the Handicapped 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 147 147 182 150 175 150 O 122 125 154 125 147 135 Allowance: The allowance provides an increase for "capacity building" assistance to State and local education agencies in areas such as innovation, research and demonstration and decreases the Federal operational service support role. Reduces the 100% Federal funding to a 50/50 match for the operational program. Redistributes $25 million of the FY 1976 HEW request of $50 million for the State Grant program to the capacity building programs which are recommended for funding at ( ?5 million -- an increase of $25 million. HEW Appeal: -- The Department appeals $25 million of the $32 million reduc- tion. This restores the State Grant program to its present level of support. Increased cost sharing by States at a time when State and local budgets for the education of the handicapped are under great strain is not politically realistic. The HEW request reflects a strategy of emphasizing the Federal capacity building role both through research and demonstration and assistance to States in gearing up to meet equal opportunity commitments. The OMB reduction would deprive the Administration of this alternative to Congressional pressures for Federal aid based on cost of services to the handicapped -- a far more expensive approach. FORD VIBRAR, E-6 OMB Recommendation: No change from the allowance. We continue to believe that newly court-mandated State responsibilities do not require an increased Federal role in operational assistance. Rather, the Federal Government's role should move toward innovative capacity building programs and be decreased through increased matching requirements under the State Grant programs which support ongoing operations. E-7 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Occupational, Vocational and Adult Education 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 595 593 666 528 637 531 o 568 631 672 565 643 565 Allowance: This program now provides general operational support for vocational and adult education ($559 million) and funding for projects of research and innovation ($38 million). The allowance retains the operational support program at a lower level ($369 million) and allows HEW to increase its capacity building efforts in the innovative projects area to $160 million. The Federal role is moved to one of limited ants (3 years) for research, innovation and dissemination and away om financing a portion of service delivery. The allowance for the operational support Basic Grant program provides a 60/40 State- Federal matching requirement and decreases the Federal share to zero by 1980. A 50/50 match would be required for innovative grants -- down from 80 to 90%. Sixty-five ($65 million) dollars are allowed for Adult Education to meet H.R. 69 hold-harmless provisions. HEW Appeal: -- The Department appeals restoration of $106 million of the cut of $138 million for vocational education, for a total of $570.3 million. -- The key issue is consolidation. If we are to achieve it, Congress has made clear that we must increase total funding. If we no longer consider consolidation a priority matter, restoration of funds is not necessary. In addition, the OMB reduction would eliminate support for more than one million students who are disadvantaged or handicapped and who are not receiving special services through State efforts. FORD 928870 LIBRARY E-8 -- A secondary issue relates to the distribution of funds. The OMB allowance would shift $122 million from formula grants to project grants. -- The shift in funds would increase project grant activities by more than four times the amount included in the HEW request. Yet no guidelines have been given as to how this expanded program will be conducted and no additional positions are allowed to meet increased administrative responsibilities. -- The Department is appealing the OMB redistribution as follows: $ $323 million - basic grants $205 million - grants for special needs $4.3 million - State advisory councils $38 million - innovation HEW Comment - Adult Education -- An additional $2.7 million is required for adult education since a total of $67.4 million is needed to meet the hold- harmless provisions of the Education Amendments of 1974 which must be met to trigger consolidation fought for by the Administration. OMB Recommendation: Allow an increase in Adult Education of $2.7 million but no restoration of the overall funding. We do not understand that achievement of con- solidation of the categorical programs requires additional funds as HEW contends. The allowance does not eliminate support for the dis- advantaged or the handicapped since these funds were included in the proposed innovative projects area. Also, the total Federal funding level in 1975 provides only 16% of total funding for vocational and adult education. While the allowance would increase funds in the innovative area by fourfold, the greatest change is in emphasis. Programs proposed for inclusion under the HEW special needs category could be funded under innovation, however, they would require innovative or capacity building approaches, problems would be identified, solutions pro- posed and a limited (3-year) life for the project would be planned + the outset. E-9 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Higher Education: State Student Incentive Grants (SSIG) 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 19 20* 44 -- 44 : O -- 19 20 : 20 : Allowance: The State Student Incentive Grants program matches State student aid grants with equal Federal grants. The allowance would rescind $20 million in FY 1975 BA and allow no funds in FY 1976. HEW Appeal: -- Restore 1975 rescission and 1976 request (1975 rescission was not included in the November 26 package sent to Congress). -- State Student Incentive Grant program is the only authorized student aid program that provides the States with a positive incentive to join the Federal government in a student aid strategy. Fifty percent matching requirement makes Federal funds go farther. Allocation of State funds for scholarship purposes rather than institutional aid helps redress public- private imbalance. -- Allowance eliminates 80,000 scholarship awards in FY 1975 (60,000 continuing awards and 20,000 new awards) and 176,000 awards in FY 1976 (66,800 continuing awards and 109,200 new awards). /Average Federal funds per award: $250 - OMB insert/. OMB Recommendation: No change from the allowance. Authorizing legislation currently permits States to operate widely varying programs. Most States do not permit students to use these funds at schools out of State, thus limiting school choice. Some States make grants only to students * Level of FY 1975 HEW-Labor Appropriations Conference Bill. E-10 at public colleges; others only to students at private colleges. Assessment of financial need of students varies widely between the States. Some States apply academic merit screening process before a student may be an award candidate. Few States permit grants to be used at proprietary vocational schools. We do not believe the goal of equal educational opportunity is enhanced by this program as currently designed. E-11 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Higher Education: Developing Institutions 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation 110 BA 100 110 90 52 52 o 38 64 84 82 82 82 Allowance: Allowance provides $52 million limited to the basic program of grants to small (largely minority) colleges. It would suspend funding of larger one-time grants ($1 - $2 million). Given the number of schools already funded (through FY 1975) in the advanced (larger grant) program, further funding for that program should not be sought until its effect and success can be evaluated. ( W Appeal: The Developing Institutions program provides developmental assistance to colleges (primarily black colleges) which are "out of the main- stream of American higher education." The program is administered in two parts: (1) a basic program which awards annual grants for improve- ment of curriculum, faculty, administration, and student services; (2) an advanced program which awards multi-year (3-5 years) grants to accelerate development among relatively highly developed colleges. (The basic grants average $250k per year -- the advanced grants average $1 to $2 million - OMB insert). Allowance eliminates the advanced program which included new awards for 18 colleges; supplemental awards for 21 colleges. HEW agrees with the Office of Management and Budget allowance in terms that the special program has now funded most, if not all, of the black colleges which are ready to move from developing to developed status. Therefore, the Department is not appealing the allowance. E-12 However, the President should be aware that his predecessor gave high priority to this program and made a commitment to the black college community which this allowance would not honor. OMB Recommendation: No change from the allowance. Sixty percent (60%) of the funds would continue to go to black colleges as in the past. Outlays for Develop- ing Institutions are estimated to increase to $82 million in FY 1976. There will have been 82 schools awarded the advanced grants through 1975. It can be reasonably maintained that the commitment has been honored and that a suspension pending evaluation is warranted. However, the schools affected may interpret the previous commitment as being to the $120 million level in the 1975 President's Budget. (The Congress deleted $10 million). E-13 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Educational Support and Innovation 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 173 124 173 133 173 133 O 157 151 204 184 204 184 Allowance: The proposed allowance is a projection into 1976 of the funding level associated with the 1975 decision to discontinue Federal grants of $39 million for Assistance to State Departments of Education. This is the only difference between the allowance and the HEW appeal. The allowance is in conflict with the requirement in the new Elemen- tary and Secondary Education Act to meet certain funding levels before mited consolidation of grant programs can take place. HEW Comment: -- The OMB allowance provides $133 million for Support and Innovation, a decrease of $39 million from the original request of $172 million. The proposal includes appropria- tion language that would eliminate the trigger in P.L 93- 380 which requires the 1974 level or the 1975 level, whichever is higher, to be maintained before consolidation can take place. HEW believes that an appeal must be made to restore the original request of $172,888,000 to maintain the commitment to consolidation that has repeatedly been made by the Administration to the Congress. This is the minimum level that would trigger the consolidation. The OMB proposal to ask for legislation to repeal the trigger is not only unrealistic but also represents a break in commitments made to the interest groups, the Congress E-14 and the public. Additionally, if our appeal is not allowed, the Administration will have effectively abandoned what has been its primary innovative concept in elementary and second- ary education over the past three years. OMB Recommendation: No change from the allowance. The Administration requested termina- tion of this program as part of the FY 1975 reduction exercise because it is a low priority use of Federal funds to provide general operating support to State administrative agencies. However, if States so choose, they would be able, under consolidation, to con- tinue this activity. The reduced amount will require States to choose their priorities more carefully. Finally, we believe that substantive legislation is the most effective way of achieving elimination of the mandated funding levels currently required to "trigger" consolidation. E-15 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Fund for the Improvement of Postsecondary Education 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 10.0 11.5 20.0 11.5 17.5 11.5 O -- 10.0 14.9 11.0 12.0 11.0 Allowance: Holds program to 1975 level. Fund supports projects of innovation and reform in postsecondary education through grants to schools, other institutions and individuals. HEW Appeal: -- Appeals $6 million, for a total of $17.5 million. -- Allowance provides $9.2 million for the continuation of existing projects, but reduces allocation of money for new projects from $10.8 million to $2.3 million. -- The purpose of the Fund is to increase the effectiveness of postsecondary education by supporting activities and projects which have the potential for achieving needed reforms and improvements in the field of postsecondary education. -- The proposed cut of $8.5 million would leave the Fund with insignificant resources to conduct the following priority programs in 1976: Initiate major new starts in competency-based learning, a program which already has had major impact upon Department-wide strategies in educa- tion and work. BERRAD FORD E-16 Initiate efforts to improve system-wide practices in postsecondary education, such as accreditation and licensing practices; and Conduct major evaluation and dissemination efforts to obtain maximum benefits from the Fund's first three years. OMB Recommendation: No change from the allowance. Although grants made by the Fund have been well received by the academic community, there is no compelling necessity to increase its resources in a tight budget year. The HEW appeal is based on a high cost of continuation grants which leaves limited funds for new starts within the allowance. The Fund precipitated this situation by disregarding suggestions that projects be multi-year funded at the outset, so that continuation costs would not occur. E-17 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Child Development 1975 1976 1974 President's HEW HEW OMB Actual Decision Request Allowance Appeal Recommendation BA 392 430 450 430 450 430 O 387 412 439 439 439 439 Allowance: Head Start provides educational and development services to disad- vantaged pre-school children. The allowance provides continuation of the current level. HEW Appeal: ? Head Start request included an additional $20 million to serve idicapped children. Congress has explicitly stated that it wants Head Start to serve severely handicapped children. This will require $20 million since it requires special equipment and highly trained teachers. OMB Recommendation: No change from the allowance for Head Start. The program has been serving handicapped children since its inception. The requirement that 10% of the children served be handicapped has been in the basic legislation since 1972. It is true that the costs of serving the more severely handicapped are higher and that there has been Con- gressional pressure to enroll more of the seriously handicapped. We believe this should be done under the existing program level even if it forces decreases in overall enrollment. There is no assurance that the $20 million increase is adequate as an add-on or that it will deter even greater increases by the Congress. This decision should be reached with the understanding that the Head Start program in total does not reach anywhere near the eligible population. GERALD FORD IM-1 1976 Presidential Determinations Department of Health, Education, and Welfare Program: Public Assistance - Social Services 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 1,345 1,829 1,850 1,300 1,921 1,300 O 1,392 1,806 1,850 1,300 1,921 1,300 Allowance: This program provides 75% Federal matching funds for social services such as child care, homemaker, visiting nurses, and counselling services to welfare recipients and other disadvantaged persons but without a strict income test. The allowance would reduce the matching rate from 75% to 65% in 1976, and to 50% for 1977 and thereafter. (Requires a legislative change). HEW Appeal: OMB mark of $1.3 billion was based upon a legislative proposal reduce the matching rate from 75% to 65% (and to 50% for each subsequent year). We are appealing for a restoration of $621 million to our latest estimate of $1.921 billion based on current legislation. The higher estimate is based on the latest state estimates for Social Services expenditures. A commitment has been made by the Administration to support new Social Services legislation. It would be inconsistent and inappropriate to recommend such a dramatic departure from the provisions of this bill which has been negotiated with the Governors and reported out without change by the House Ways and Means Committee. This HEW appeal amount over the OMB allowance is more than made up for by HEW suggested reductions from the OMB allowance in Cash Assistance and Medicaid. IM-2 OMB Recommendation: Retain the proposed allowance. The OMB allowance would be a departure from current policy. It rests on the principle that a heavier sharing of the costs of these services by state and local governments will encourage improved administration and a more rigorous evaluation of the worth of these services at the local level. This incentive is consistent with the proposed new legislation which allows more manage- ment discretion at the local level. While the Administration has not officially endorsed the current Federal matching rate, reducing it will probably result in criticism from Congress and the interest groups as reneging on an implied commitment. However, seeking a greater degree of financial participation concommitant with more flexibility by state and local governments is a reasonable proposition -- especially in a program area which has never been able to demonstrate hard program accomplishment. IM-3 1976 Presidential Determinations Department of Health, Education, and Welfare ($ in millions) Program: Vocational Rehabilitation 1975 1976 1974 President's HEW HEW OMB Actual Decisions Request Allowance Appeal Recommendation BA 734 725 777 736 776 736 O 727 762 785 751 785 751 Allowance: The allowance assumes no increase for vocational rehabilitation (VR) activities from 1975 to 1976. HEW Appeal: HEW is appealing for a restoration of OMB's $40 million cut. Section 110(c) of the Rehabilitation Act contains a mandatory reallot- it provision. Since the States have reported aggregate spending plans which would require Federal matching over the authorization level of $720 million, a lower level would require point-of-order language in the FY 1976 Appropriations language. The chances of getting such language successfully through the appropriations process are most remote. OMB Recommendation: Propose point-of-order language in the 1976 appropriations bill to eliminate the mandatory spending requirement of the VR bill. This proposal is consistent with the stringent 1976 budget guidelines and would return to the appropriations committees the control of funding levels. In addition, there are serious concerns about inadequacies in the administration of this program which militate against substantial increases at this time. This recommendation can be expected to raise considerable opposition from the VR interest groups. Labor THE WHITE HOUSE WASHINGTON MEMORANDUM FOR THE PRESIDENT FROM: ROY L. ASH SUBJECT: 1976 Budget Decisions: Department of Labor The agency request and my recommendations with respect to the 1976 budget amounts for the Department of Labor are presented in the tabulation attached (Tab A). The Secretary's letter appealing my initial allowance is attached as Tab B. Summa- ries of the principal differences between the Secretary and myself are attached as Tab C. The Secretary also maintains that the initial OMB allowance does not include sufficient resources to support the program levels allowed. These costing problems can be worked out be- tween the Department and ourselves with no significant effect on overall budget totals. In addition, the amounts to be in- cluded in the 1976 budget for unemployment insurance benefits and your proposed National Employment Assistance Act will have to be determined later when final economic assumptions are decided upon. In the meantime, we have included these programs in the tabulation (Tab A) at the Department's request. It is probable that the final figures will be significantly higher. Four key issues have been identified for your consideration. More detail on the first three of them is included in Tab C. I. Comprehensive Manpower Assistance. DOL recommends $2.4 billion (equal to the congressional enactment for 1975 which you have agreed to accept) to assure that our commitment to reducing unemployment is adequately ad- dressed. However, it requests that the final amount be left open to permit a higher level based on latest unemployment data. OMB recommends returning to the $2.05 billion, equal to the amount initially proposed for 1975. There is no programmatic reason for relating the appropriation level for this program to 2 economic conditions. There is no information on program accomplishment to justify exceeding the level proposed for 1975. It appears that State and local sponsors will not fully utilize the 1975 amounts, carrying substantial authority into 1976. Actual training and public employment in 1976 will there- fore be only slightly less than in 1975, even with the OMB recommended appropriation. Decision: Approve agency recommendation Approve OMB recommendation See me II. Grants to States for Unemployment Insurance and Employment Services The Department recommends $1,087 million for 1975 and $1,222 million for 1976 in order to (a) fully fund State Unem- ployment Insurance Services (UIS) for a 4.6% unemployment rate assuming the same production rates achieved when unemployment is under 4%, (b) keep basic Employment Service (ES) employment at the November 1974 level as directed by the Congress, (c) in- crease the employment service by $75 million in 1976 to comply with a court decision relating to services to migrants, and (d) allow for a 12% cost increase. OMB recommends $1,051 million for 1975 and $1,060 million for 1976. This would be sufficient to meet the expected UIS workload since experience shows productivity increases as unem- ployment rises and if ES staff (which has fewer opportunities to find jobs for people when unemployment is high) is diverted to UIS claims processing. A 7% cost increase should be sufficient. No justification for a 15% ES increase to serve such a minor proportion of the total population as the migrants has been re- ceived. The increases proposed by DOL would require increases in the Federal Unemployment Tax, and interim advances of General Revenues to the Unemployment Trust Fund. Decision: Approve agency recommendation Approve OMB recommendation See me III. Personnel Ceiling DOL recommends an end of year ceiling on full-time employees in permanent positions of 13,470 in 1975 and 13,632 in 1976, com- pared to a current ceiling of 12,492. The increases are primarily for (a) carrying out the new private pension reform law, (b) the Manpower Administration (MA), reflecting congressional add-ons 3 for apprenticeship programs and the court decision on migrants, and (c) the Occupational Safety and Health Administration (OSHA) reflecting congressional increases in safety and health in- spectors. OMB recommends end-of-year ceiling of 13,091 for 1975 and 13,101 for 1976, including 350 which DOL was informed last February would be allowed if it reduced its demand on other agencies for Job Corps operations by that amount. The actual portion of the 350 to be included depends on how much DOL has actually decreased other agency personnel requirements. OMB and DOL agree on initial Pension Reform staffing. OMB is con- vinced that DOL's Manpower Administration is overstaffed to carry out the revenue sharing type program provided by the Comprehensive Employment and Training Act and that additional staff is not needed to apply any new standards required by the migrant deci- sion. Additional OSHA inspectors should await analysis of State by State needs and accident reductions achieved by inspectors. Decision: Approve agency recommendation Approve OMB recommendation See me IV. Work Incentive Program DOL and OMB agree in recommending sufficient budget authority to maintain the Work Incentive Program in 1976 at the program level agreed to for 1975. Although evidence seems to indicate that the program is not effective in getting people off welfare or achieving welfare savings, you decided that the program should not be reduced in 1975 while unemployment rates remained high. Decision: Agree Disagree See me Attachments A 1976 Presidential Determinations Department of Labor Summary Tabulations ($ in millions) 1975 1976 1974 Allow- DOL DOL Allow- DOL OMB Actual ance Appeal Request ance Appeal Recom. Uncontrollable Programs UI Benefits BA 7,539 7,722 7,722 7,969 7,969 7,969 7,969 BO 5,239 7,916 7,916 7,990 7,990 7,990 7,990 Federal Unemployment BA 365 453 453 1,040 530 530 530 Benefits B0 362 453 453 1,011 530 530 530 Special Benefits BA 138 165 165 201 201 201 201 BO 107 165 165 201 201 201 201 Other BA -37 0 0 -198 0 0 0 BO 2 2 2 2 2 2 2 Total Uncontrollable BA 8,005 8,340 8,340 9,012 8,701 8,701 8,701 BO 5,710 8,536 8,536 9,202 8,722 8,722 8,722 gislation NEAA BA 0 2,760 2,760 0 0 0 0 BO 0 1,211 1,211 1,549 1,549 1,549 1,549 Job Security Act BA 0 0 0 2,395 0 0 0 BO 0 0 0 2,395 0 0 0 Controllable Programs Comprehensive Manpower BA 2,266 2,394 2,394 2,265 2,050 2,394 2,050 Assistance B0 1,450 2,790 2,790 2,433 2,512 2,687 2,512 Work Incentive BA 340 210 210 363 330 330 330 Program BO 340 316 316 360 315 315 315 Grants to States for BA 64 64 64 81 71 81 71 Unemployment Insurance B0 892 1,051 1,087 1,285 1,060 1,222 1,060 & Employment Services Other2/ BA 306 361 365 448 377 413 377 BO 914 446 450 470 401 437 401 Total DOL BA 10,981 14,129 14,133 14,564 11,529 11,919 11,529 BO 9,306 14,350 14,390 17,694 14,559 14,932 14,559 Pending receipt of DOL legislative program. 51 Subject to costing adjustments in 1975 and 1976. U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON NOV 2 7 1974 Honorable Roy L. Ash Director Office of Management and Budget Washington, D.C. 20503 Dear Mr. Ash: Outlined below is the Department of Labor's reaction and appeal from the recommendations of the Office of Management and Budget relating to resource allowances and policy directions for Fiscal Years 1975 and 1976. I want to state initially, that this reaction to the tentative OMB budget allowance is based on our desire to do the best possible job for the American worker under the policy set by President Ford at the beginning of his Admini- stration--the authority for policy direction falls upon the responsible Cabinet Officer. Before addressing the specific issues as they relate to each program account, it should be noted that our review of the recom- mendations concludes that major adjustments will be allowed: (1) to reflect current economic assumptions at the time the budget is submitted--in both the areas of uncontrollable budget authority for unemployment insurance and the proposed National Employment Assistance Act and controllable budget authority related to administration of the Comprehensive Employment and Training Act, (2) to provide additional resources for agreed upon new legislation which may be enacted in this session of Congress or will be submitted to the first session of the 94th Congress, and (3) to reconcile what appear to be significant pricing or costing problems that will necessitate actual reduc- tions in on-board personnel over and above those suggested in your recommendations. Beyond these general issues, the Department is appealing the specific resource allowances and policy directives under the following program accounts. - 2 - MANPOWER ADMINISTRATION PROGRAM ADMINISTRATION The Department appeals the ceiling reductions of 350 related to Job Corps Center reductions in the Departments of Agriculture and Interior, 100 for economies related to the implementation of CETA, 75 for the anticipated Congress directed expansion of the Apprenticeship staff, and 8 for the National Commission on Manpower Policy. The restoration of these reductions would provide for a base ceiling of 3,153 for 1975 and 1976. The budget authority for 1976 would be increased to $101,351,000. Additional ceiling of 116 and funds of $1,483,000 in 1975 and $3,004,000 in 1976 will be required for implementation of Judge Richey's court order discussed later under this account. The OMB allowance is predicated upon the assumption that further economies can be made in moving from categorical programs to CETA and any increases authorized by the Congress for BAT can be accommodated by reallocation among manpower programs. This assumption is rejected for two fundamental reasons: 1. The Manpower Administration has already made all the economies that can be made in the movement from categorical programs to CETA. 2. The present economic posture requires that the Manpower Administration exert all its reduced staff resources to ensure that the manpower systems--the Employment Service, Unemployment Insurance and CETA prime sponsors move with dispatch to use the program and funds to lessen the severity of the economic situation. Over the past 2 years the Manpower employment ceiling has been reduced from 4,201 in Fiscal Year 1973 to an adjusted 1975 ceiling of 3,379, a reduction of 822 or 20 percent. In addition to this net staff reduction, the Manpower Administration has absorbed or will absorb a total of 131 additional positions for additional Veteran's Employment Representative (68), the OEO Migrant and R&D Programs (64), Indian Program (40), and the Rural Development Program (9). These absorptions, when added to the net staff reductions, equate to a total reduction of 1,002 or about 25 percent from the 1973 employment level. - 3 - The experience under CETA demonstrates that prime sponsors are only now aware of the dimensions of their responsibilities under the Act and now are requesting Federal assistance far in excess of anything contemplated. Reporting is only one such area. Only about 50 percent of prime sponsors, as of mid- November, had yet submitted their first quarter reports and are requesting Federal assistance in preparing reports and establishing reporting systems. In addition, Federal staff must assist prime sponsors to speed up the employment under the Title II and EEA programs if these programs are to respond to the current economic crisis. For these reasons the further 100 position reduction and the absorption of the expansion of BAT cannot be accommodated. With respect to the question of the ceiling reduction of 350 positions until concomitant reductions in the Departments of Agriculture and Interior Job Corps Centers are made, the Department believes adequate reductions have already been made in those Departments to merit being given these ceilings. These Departments have indicated that reductions of 350 have been made below their Fiscal Year 1974 operating levels, that funding has been reduced to reflect such levels, and that the February 5, 1974, OMB allowance letters for Fiscal Year 1975 imposed cuts even beyond the 350 reduced from the operating levels. Though the Departments of Agriculture and Interior have not formally agreed to reduce their ceilings by 350, the Department of Labor does not believe that it should be penalized for the failure of the approach outlined in the OMB Fiscal Year 1975 allowance letter. The Department requests that this ceiling reduction be restored. The National Commission on Manpower Policy had been proposed to be funded under the CMA national account since it is authorized by Title V of CETA. The allowance indicated that its costs should be absorbed from Program Administration. The National Commission is a Presidential Commission not related to carrying out the Secretary's responsibilities under the Act. It should be separately funded either within this account or more appropriately under the CMA appropriation. Pursuant to a suit filed in the U.S. District Court for the District of Columbia by the NAACP, Western Region, et al. versus Peter J. Brennan, a decision was issued by Charles R. Richey, U.S. District Judge, dated August 9, 1974, setting various requirements upon the Employment Service in its provision of services to migrants and seasonal farmworkers. Briefly these require the provision of - 4 - qualitatively equivalent and quantitatively proportionate manpower services to rural areas. If the Department is to be in compliance, the following additional resources are needed. These resources have been included under the two individual accounts involved. Account Fiscal 1975 Fiscal 1976 Program Administration $1,483,000 $3,004,000 Grants to States 27,000,000 75,400,000 Comprehensive Manpower Assistance The appeal for FY 1976 is based on the anticipated continued high level of unemployment into FY 1976. Unemployment which has risen from 5.2% in July to 6% in October is not expected to peak until late this fiscal year or early next fiscal year. To counteract this trend, the Department has accepted the Conference level of $2.4 billion for the CMA appropriation in FY 1975 and has already released $970,000,000 of public employment funds this year. The appeal assumes that sufficient funds should be made available in Fiscal Year 1976 to assure that our commitment to reducing unemployment is adequately addressed. Therefore, the Department proposes to maintain funding at the Fiscal Year 1975 level of $2,394,400,000 authorized by the Conference. The need to provide sufficient assistance will be affected by both unemployment and other economic factors. However, the same reasons that prompted the President to accept the Congressional level in 1975 are still extant. It is, therefore, proposed that this matter be discussed again after Congressional action on the current legislative package, especially as pertains to the National Employment Assistance Act. - 5 - GRANTS TO STATES FOR EMPLOYMENT SERVICES AND UNEMPLOYMENT INSURANCE Fiscal Year 1975 The OMB allowance provides $1,051,009,000, $582,609,000 for the Unemployment Insurance activity and $468,400,000 for the Employment Services activity. The OMB allowance would require reprogramming of $35,500,000 between ES and UI. In light of the need to retain $27,000,000 to comply with the Judge Richey de- cision, it will be necessary to request a supplemental in the amount of $35,500,000 to process the anticipated UI claims work- load. To attempt to absorb these increased costs would require an 11 percent reduction in regular ES services during the last half of the Fiscal Year. In light of Congressional intent to main- tain ES staffing levels at the November 1974 staffing level, and the increased need for employment services during periods of rising unemployment, absorption is not a feasible option. The only other alternative, if these resources are not pro- vided, would be non-compliance with the court order, pending legal appeal. Fiscal Year 1976 The OMB allowance provides $585,000,000 for UI Grants admin- istration, of which $60,000,000 is earmarked for UI contingency workload and $5,600,000 for additional cost model maintenance. The remaining $519,400,000 is available to finance the base UI workload. However, during Fiscal Year 1976, $560,700,000 is needed to fund a base workload averaging 1,500,000 UI claims per week. The $560,700,000 needed to fund the base UI opera- tions was computed by applying 95 percent of the cost model time factors to the base workload, thereby imposing a 5 percent productivity assessment. - 6 - The ONB allowance indicated that the Department should phase-in the amounts needed to fully fund tax activities in an effort to reduce the base requirements. The 1976 net increase over the 1975 allocated man-years is 088 man-vears nationwide. The savings which yould accrue on a phased-in basis would be minimal and certainly would be outveighed in terms of lost tax revenues. Any effort less than maximum at a time when unemployment is causing drains on Trust Fund revenues is inconsistent with sound fiscal policy. In view of the above, the Department feels that it must fund the base UI requirements at the $560,700,000 level, which would leave $18,700,000 for UI contingency workload above the 1,500,000 claims per week. This amount would finance 11 percent of the anticipated UI workload above the base, or a total unerployment rate of 4.2 percent. With unerployment estimates ranging above 7 percent for calendar year 1975, we bclieve the reductions applied against this activity to be totally unaccentable. Therefore, it is necessary to restore $41,300,000 to the UI workload contingency in order to provide a minimum of $60,000,000, which will provide for a 4.6 percent unemployment rate. The final amount needed, however, will be determined by the rate of insured unemployment realized. The 0.15 allowance of $475,000,000 For ES would provide 26,200 man-years during 1976. This would result in a reduction of 2,600 man-years or 9 percent from the November 1974 staffing level. Full-year costs of complying with the Richev decision would require $75,400,000. The absorption of these costs would result in a further reduction of 11 percent, or 4,100 man-vears, in regular ns services during the vear. This absorption plus the reduction in the ONB allowance would effectivelv reduce needed employment services to the Nation's unemployed by 20 percent. The Department appeals the ONE) allowance since it will not even maintain the November 1974 State employment service staffing level during = clinking workload period and is, therefore, in conflict with ourressed Congressional intent. Further, we request an additional 375,400,000 required to comply with the Richey decision. FORD GERALD - 7 - The ONB proposal to take ES reductions only in poorly performing States is not an acceptable approach to budget reduction and, therefore, is appealed. Our rationale is based on the assumption that the 11 States which would fall into this category (Connecticut, New Jersey, New York, Pennsylvania, Illinois, Michigan, Kansas, Colorado, Massachusetts, Maryland, and Minnesota) are highly industrialized States and would suffer a substantial staffing cut at a time when unemployment is rising in these areas. We strongly believe that such action would be counterproductive and is not a feasible solution to the Administration's economic strategy. The Department's request for UI-ES Grants administration included an 11.4 percent increase for State administrative costs above the 1975 level. The request includes 6.0 percent for Statewide salary increases, 1.7 percent for salary increments (State within-grades), 1.8 percent for related personnel benefits, 1.2 percent for supplies, rents and utilities, and .7 percent for postage. The postage increase reflects the 25 percent increase which was effective March 1974. We have reviewed the mandatory cost increases with respect to the OMB allowance of 7 percent, and believe that the request is modest in view of the rate of cost increases the nation is currently experiencing. The reduction of mandatory costs to the 7 percent level is appealed. The Department pursued a diversion policy for several years in which State employment security agencies were permitted to divert employment service staff to UI activities during periods of sudden and substantial increases in claims and related UI activities after all efforts had been made to accomplish the added workloads with existing UI resources. It became evident, however, that this practice of diverting employment service staff resulted not only in substantial reductions in the ability of State agencies to provide adequate services to those workers and employers seeking assistance but also resulted in quality deterioration in important UI functions. Further, accomplishing increases in UI workloads through the diversion of ES staff was more costly than providing direct funding for UI temporaries through an adequate UI workload contingency fund. - 8 - The OMB allowance indicates that an active diversion policy should be pursued so that ES staff is utilized in the UI claims workload processing as needed. The Department feels there is no justification for changing the present diversion policy, and therefore, the OMB position on diversion is appealed. The De- partment does, however, feel that its current policy of applying savings realized through normal budgetary adjustments to accom- plish added UI claims workloads as necessary is effective. The total funds needed for 1975 are $1,086,509,000, which is $35,500,000 above the allowance and for 1976 $1,222,100,000, which is $162,100,000 above the allowance. Work Incentives The Department is not appealing the 1976 OMB allowance of $330,000,000 in budget authority and $315,000,000 in outlays. The workload statistics provided with the mark, however, do not appear viable at these levels. Current estimates are that On-the-Job Training, Public Service Employment and Work Experi- ence man-years will be reduced in 1976 by about 4,000 to a total level of about 21,100. The 1975 man-years for these programs are also expected to be lower by about 3,000 man-years of service. Expanded Use of Unemployment Trust Fund The Department appeals any OMB action to expand usage of the Unemployment Trust Fund to replace Federal funds. Current es- timates indicate that $1,290,300,000 will be available in FY 1976 for UTF administrative costs. The current amount for Grants to States, as appealed, is $1,151,000,000, and the Federal administrative level is projected at $75,200,000, leaving only $64,100,000 in unused funds, a minimal amount. Further, Grants to States funding is only provided to process a workload of approximately 1,900,000 average claims per week. Given current trends toward higher unemployment, it is felt that this is an inappropriate time to put an increased burden on an already minimum difference between expected fund usage and availability. - 9 - ( Labor-Management Services Administration Salaries and Expenses The allowance for the Labor-Management Services Administration recommends a 12 position reduction in the Veterans Re-employment Rights and Federal Labor Management Relations-program support areas, coupled with a reduction of $1,440 thousand. To accommodate this dollar reduction, would require further staff reductions of 40-45 positions. Pending amendment to the executive order relating to Federal Labor-Management relations, together with current workloads and backlog levels in basic programs, militate against any reduction in operating staff. Appeal is made for a 1976 allowance at the standstill level of $29,305,000. Pension Reform (Employee Retirement Income Security Act) No appeal is being made at this time to restore the request for a second supplemental for the pension reform program. However, it is understood that as demand materializes for resources for these activities, a request will be submitted for a supplemental at some later date for additional resources. ( Workload is currently increasing in this area and is expected to continue increasing substantially during the course of the fiscal year. The request will be made with the understanding that the Department will not be able to offer any offsetting decreases in other program areas. Employment Standards Administration The Fiscal Year 1976 request for the Employment Standards Administration included an increase of 40 positions and $840,000 for strengthened enforcement of the Age Discrimination in Employment Act. The request included development of a new approach designed to expand the legal base for the enforcement program. Over the last several years, Congress has urged a stronger ADEA effort, including attempts to add more resources to the Department's request. The Administration has publically committed the Department to an active and vigorous enforcement effort. Moreover, organizations and agencies such as the U.S. Civil Rights Commission are becoming increasingly vocal on the Department's administration of the Act. - 10 - The issue of age discrimination becomes more important under the current economic conditions. As layoffs and plant closings increase, so does the probability of discriminatory actions related to a worker's age. We have also received complaints alleging a number of incidents of discriminatory practices related to the new Pension Reform as employers purge older workers before the vesting provisions take place. As our initial justification pointed out, there are needs for legal precedents and cases with high impact and visability. These needs cannot be met within existing resources. The Departments submission to OMB included $3,548,000 in FY 1976 including annualization, for the 150 positions to be sought in a January 1975 supplemental. This was to be the second installment of the commitment to ESA approved by OMB to provide resources to meet increasing workload mandated by law. It is now my opinion that this item should be deferred until action on the first supplemental is completed and the impact of these resources has been determined. Occupational Safety and Health Administration For fiscal year 1975, the Department is requesting personnel ceiling for the 180 additional compliance officer positions included in the 1975 Department of Labor Appropriation, commensurate with the budget and program authority allowance. These new compliance officer positions will be utilized to expand federal safety and health enforcement. For fiscal year 1976 restoration or allowance for the following items is requested: An amount of $3.2 million to pay for the full-year costs of positions authorized by Congress in 1975, but funded for only part of the year. This appeal includes funds for annualization of positions for which ceiling has been allowed and the additional positions placed in the 1975 appropriation for which employment ceiling has been requested above. Restoration of $3 million in State grant funds. This appeal is cognizant of the recommendation to disapprove $1 million in research activities presently performed under State grants, and does not include funds for this purpose. Unless States which presently have approved plans but lack - 11 - enabling legislation drop out, reductions in developmental State programs will have to be assumed proportionately by all participating States. This in turn will have serious implications concerning the integrity of State safety programs efforts as a working example of "New Federalism", and could result in a loss of State confidence concerning the level of future support with concomitant losses of State Legislative and appropriation support. A request for $5 million in grant funds to continue the funding of 7 (c) (1) agreements with non-plan States to conduct consultation programs for small employers. In 1975, Congress authorized the transfer of up to $5 million in State grant funds for this purpose. Additional funds will be needed in FY 1976 to continue this. Provision of funds is requested to cover the costs of the FY 1975 pay raise which will be initially absorbed by a transfer of funds from State grants, but which cannot be financed in the 1976 base program without reducing State programs. - 12 - Bureau of Labor Statistics CPI Revision - Neither the Fiscal Year 1975 nor the Fiscal Year 1976 allowance includes the proposed Fiscal Year 1975 amendment for the CPI Revision currently before Congress ($600,000). It should be noted that the Conference Com- mittee is currently considering this item and a Senate reduction of $300,000. Regardless of final Congressional action, the Department will require the full $600,000 in Fiscal Year 1976 if we are to meet the BLS-DOL commitment to produce the Urban Wage Earner and Clerical Worker CPI as well as the Urban Population CPI as planned. General Wage Index - The Department's plan for further development of the General Wage Index reflects the priority that the Economic Policy Board attached to the development of a total measure of compensation. The OMB recommendation with respect to the GWI reflects a different set of priori- ties. The Department's position is that the Seevers Com- mittee recommendation should be followed, and that the funds provided should be used to do SO. PATC Survey - Discussions are currently under way between the Bureau of Labor Statistics, OMB and CSC on expanding the scope of the Bureau's PATC survey and on collecting bonus information. In a letter of November 22 to you and Chair- man Hampton, we agreed to conduct a Fiscal Year 1975 pilot test work with current funds for PATC improvement (quality and training) but indicated that in order to carry on the Fiscal Year 1976 full and expanded survey, additional resources would be needed. Therefore, the BLS allowance of $60,973,000 for Fiscal Year 1976 will have to be increased by the amount necessary to carry on the PATC survey at the indicated expanded level once that number is known. An estimate will be available shortly. Personnel Ceiling Positions In our FY 1976 request, the Department provided a breakdown of BLS requirements for "Other" ceiling in Fiscal Year 1975 and Fiscal Year 1976. No mention was made in the OMB allowance of a decision on the request. I must reiterate the critical need for the additional ceiling requested. If the cciling is not received the BLS will be unable to conduct several important programs planned for Fiscal Years 1975 and 1976 that require the increased ceiling. - 13 - Impact Statement OMB staff have advised the Department that the Fiscal Year 1976 allowance of $60,973,000 included $1,500,000 for the SIC Conversion Program. The SIC amount, plus the $3,250,000 for new programs recom- mended by the Seevers Committee, amounts in total to $4,750,000. OMB proposed that BLS offset some of the increases by reducing its base program by $2,088,000. While we are not appealing the amount of the base reduction, we plan a different array of de- creases to meet the required decrease of $2,088,000 (Attach- ment A). 1080 LIBRANT - 14 - DEPARTMENT MANAGEMENT It has been my goal for some time to reduce Departmental "overhead" and the actions I propose would achieve that goal while giving me the maximum flexibility to array and manage my resources. Specifically I propose the following actions: a. Appropriation Structure. 1. Solicitor--It is vital that we have a separate appro- priation account for the Office of the Solicitor. This function is so closely tied to the operations of our programs (as opposed to direction of them) that a separate account has become vitally necessary to the conduct of the Department's business. 2. EEO. This important program has never been properly budgeted in spite of our efforts to do so on two previous occasions. I propose to transfer these positions from the Consolidated Working Fund to Departmental Management, S&E in 1976 and to reduce the budgets of the agencies that are supporting it proportionately. b. Overall Management The Condolidated Working Fund has properly been the subject of much criticism over recent years. Starting now and ending in FY 1976 I propose to cut its use drastically and forego most of the functions that are now funded by this device. By the end of fiscal year 1976, the Consolidated Working Fund will have been reduced by a total of 49 positions and $1,838,000. I would remind you that in preparing the 1974 budget we made a similar proposal. In the course of budget decisions the agency contri- butions to the Consolidated Working Fund were reduced but we were directed to continue to "find" funds for the activities covered. In view of this it would be a grievous error to once again reduce the agencies' budgets as an offset. I accept the dollar reduction to the Working Capital Fund and staff is now preparing options for achieving this $2.5 million cut. - 15 - In view of these sizeable reductions to the more controversial elements of our management resources I must register a strong appeal for restoration of pay increase supplement and for restoration of proposed transfers out of the appropriation. In other words the Departmental Management account and Office of the Solicitor should be set at the 1975 conference level as adjusted for (a) the recent supplemental and (b) full pay costs. We will absorb any increase in travel costs. For 1976 these accounts must be held at a standstill level--that is 1975 base dollars plus 1976 mandatory costs. PENSION BENEFIT GUARANTY CORPORATION The allowance for the Department of Labor reflects 75 positions and related funds for the Pension Benefit Guaranty Corporation in fiscal year 1975. As I have noted in an earlier communication to you regarding this program, I and other members of the Board of Directors of the Corporation believe it is inappropriate to include allowances for the Corporation's resources in the Labor Department budget totals particularly, since the provisos of the Employee Retirement Income Security Act established this organization as a separate entity of the U.S. Government. As Chairman of the Board of Directors I am in the near future transmitting to you a separate Corporation budget for additional resources for fiscal years 1975 and 1976. Consequently, I assume that resources levels for the Corporation will be discussed as a separate issue that is unrelated to or unconnected with resource allowances for the Department of Labor. This letter of course does not cover the great amount of detail that support its conclusions. As final decisions evolve, further discussions will be necessary. Given the utmost importance of these programs, I urge your favorable consideration of these appeals. Sincerely Sknnan Secretary of Labor Attachment A SUMMARY TABLE OF PROPOSED REDUCTIONS OMB Suggestion BLS Plan Pilot 790 (Hours and Earnings of Nonproduction or Supervisory Workers) $345,000 $345,000 BEA Contract 300,000 300,000 Travel 116,000 --- Reduction in BLS Regional Offices 200,000 --- Productivity Technological Studies 217,000 75,000 Wages and Industrial Relations. 410,000 --- Increase in Export and Import Prices --- 300,000 Economic Growth --- 100,000 Census Bureau - CPS --- 125,000 SIC Conversion Program (New Program) ---- 200,000 Executive Direction 500,000 643,000 Total 2,088,000 2,088,000 1976 Presidential Determinations Department of Labor Comprehensive Manpower Assistance ($ in millions) 1975 1976 1974 President's DOL DOL OMB Actual Decisions Request Allowance Appeal Recom. Hel BA 2,266 2,394 2,265 2,050 2,394 2,050 O 1,450 2,790 2,433 2,512 2,687 2,512 Allowance: This account finances manpower training and public service jobs under the Comprehensive Employment and Training Act (CETA). The 1975 Presidential decision accepted the congressional level of $2,400 million BA, $350 million over the request of $2,050M. Within the 1975 level, over $1 billion is available for public service jobs. Presidential guidance given the Department on the FY 75 level expressly rejected tying the level to variations in the unemployment rate. The primary emphasis was to be placed on gaining congressional acceptance of the National Employment Assis- tance Act (NEAA). The FY 76 allowance of $2,050 million BA, the ;ame as the 1975 request, is based on the lack of evidence of impact on participants or the economy. DOL Appeal: DOL requests tentatively continuing the 1975 BA level in 1976. DOL states the expectation that the account will be increased if economic conditions worsen, without regard to enactment of NEAA. The Secretary believes it is unrealistic to expect the public to comprehend a reduc- tion in BA (which the public will equate to a reduction in public service jobs) while seeking increases for NEAA (also interpreted by the public as public service jobs). OMB Recommendation: There is no program evidence presented to support a direct relation between changes in the level of CMA funds and economic conditions. Should analysis of program performance over the coming years demon- strate grounds for different levels, there will be ample opportunity to develop funding patterns to reflect this new knowledge. In addi- tion, current spending information indicates that States and locali- ties will be unable to use all funds available in 1975, and will carry them over to 1976. Training and employment will therefore be only slightly lower than in 1975 even with the OMB recommendation. Emergency programs, like the NEAA, should be the primary method for combating worsening economic conditions. December 2, 1974 1976 Presidential Determinations Department of Labor Grants to States for Unemployment Insurance (UIS) and Employment Services (ES) ($ in millions) 1975 1976 1974 Allow- DOL DOL OMB Actual ance Appeal Request Allowance Appeal Recom. Obl./O 892 1,051 1,087 1,285 1,060 1,222 1,060 Allowance: To fund added unemployment insurance (UI) claims processing, we allowed a $100M increase in FY 75, in part by diverting Employment Services (ES) staff to UI work -- the method used in past economic downturns. In FY 76, cost increases of 7% were assumed rather than the 12% requested and reductions of $25M were recommended for the ES, to be taken in States with high costs and low production. Suffi- cient funding was allowed to process the anticipated FY 76 UI work- load, recognizing that past experience shows productivity increases as workload increases. DOL Appeal: )L states "this practice of diverting employment service staff ,esulted not only in substantial reductions in the ability of State agencies to provide adequate services but also resulted in quality deterioration in important UI functions." DOL believes it must en- hance the UI function in FY 76 and " [t]herefore it is necessary to restore $41.3 million which will provide for a 4.6 percent unem- ployment rate. The final amount, however, will be determined by the rate of insured unemployment." For FY 75 ES services to migrants and seasonal farmworkers, DOL needs "to retain $27 million, and in FY 76 "we request an additional $75.4 million required to comply with the Richey [Court] decisions." OMB Recommendation: Additional program evidence from DOL to support large staff increases has not been made available. The DOL request will deplete revenues earmarked for administrative costs, necessitating a proposal to in- crease the Federal Unemployment Tax in FY 76 meanwhile seeking advances from general revenues. DOL arguments against seeking higher produc- tivity of existing UI staff and diversion of ES staff to UI workload when unemployment rises -- reduced services lower quality -- do not address the primary arguments. In the past, productivity has increased December 2, 1974 2 as unemployment rose. Moreover, the ES staff cannot find people jobs when unemployment is high and thus could perform as well as new hires in handling UI claims, without increasing cash require- ments. We recommend limiting the UI increases over FY 74 ($462 million) to $120 million in FY 75 and $125 million in FY 76, with modest diversion from the 30,000 ES staff. Additional services for migrants pursuant to the Court order should not require the 15% increase in the allowance sought by DOL. Additional justification is needed, including the relationship of the added ES services to other DOL programs for which an overall policy is being prepared. 1976 Presidential Determinations Department of Labor Personnel Ceiling (Full-time Employment in Permanent Positions at End of Year) 1974 1975 1976 DOL DOL OMB DOL DOL OMB Actual Req. Allow. Appeal Rec. Req. Allow. Appeal Rec. MA 3,200 3,211 3,070 3,269 3,070 3,211 2,970 3,269 2,97( Other 8,856 11,891 10,171 10,201 10,021 11,654 10,131 10,363 10,13 V Total 12,418 15,102 13,241 13,470 13,091 14,865 13,101 13,632 13,10 See next determination paper. 2/ Includes 350 subject to negotiation, as described in next determination paper. Allowance: The current DOL ceiling is 12,492 plus 350 if it reduces its demand on other agencies by an equal amount. DOL was exempted from its share of the 40,000 August personnel cut in order to allow it to hire 300 more to enforce the amendments to the minimum wage and related laws. The allowance for 1975 includes 399 above the current ceiling to administer the new private pension reform law. The 1976 allowance included a 140 reduction: 100 for the Manpower Administration (see next determination paper) and 40 to reflect reduced workload in the Labor-Management Services Administration (LMSA) (12) and apparent excessive overhead staffing in the Occupational Safety and Health Administration (OSHA) (28) Requirements for NEAA are not included pending DOL justification of needs. DOL Appeal: DOL is now requesting increases in the 1975 allowance of 199 for the Manpower Administration (see next determination paper) and 180 for OSHA to reflect the increase provided by the 1975 appropriation conference committee for additional safety and health inspectors. DOL, however, now recommends deferral of half of the staff increase for the minimum wage law perhaps until 1976. For 1976, it is requesting in addition December 2, 1974 2 restoration of the 12 in LMSA because of pending amendments to the executive order relating to Federal labor-management relations (FLMR) and workloads and backlogs in other programs and 40 to mount a new, intensive enforcement of the Age Discrimination in Employment Act (ADEA). OMB Recommendation OMB recommends accepting the proposed deferral of 150 of the minimum wage increase until 1976, but to accept none of the increases over the allowances proposed. The rationale for the Manpower Administration is explained in the next determination paper. Amendments to the FLMR executive order have not yet been fully developed and it is not known whether they will result in additional workload; DOL justification materials do not show workload or backlog problems in other LMSA programs. If a more effective approach to ADEA enforcement is desired, redirection of the existing staff (approximately 84, including the supplemental pending in Congress) is the appropriate way to accomplish it. OSHA has not yet effected a rationale for allocating existing inspection staff among States without their own programs and States with OSHA-approved programs. 180 provided by Congress is in addition to a 150 increase proposed in the 1975 budget. OMB believes further increases should await a more thorough analysis of needs and accomplishments (i.e., reduction of occupational accidents and disease). Not allowing the 180 increase will probably require a 1975 deferral or rescission proposal to the Congress. 1976 Presidential Determinations Department of Labor Manpower Administration Program Administration (Full-time Permanent Ceiling) 1974 1975 1976 Actual Req. Allow. Appeal Rec. Req. Allow. Appeal Recom. Base 3,200 3,070 3,070 1 / 3,070 3,070 3,070 3,0701 3,070 3,0701 Prog. -- +66 0 +8 0 +66 0 +8 0 Apprent. -- +75 0 +75 0 +75 0 +75 0 CETA -- -- -- -- -- -- -100 (+100) -100 New Req. -- -- -- +116 0 -- -- +116 0 Total 3,200 3,211 3,0701/ 3,269 3,070- 3,211 2,9701 3,269 2,9703 1 Reflects congressional reductions of 130. Includes up to 350 subject to negotiation (see below). Allowance: ast February, DOL was told it could increase its ceiling by up to 350 if it achieved similar reductions in Agriculture and Interior by reducing Job Corps activity. Agreements with these departments have not been negotiated as directed. The allowance also rejected apprenticeship and other program increases because existing resources are underutilized and took out 100 to reflect continued savings attributable to CETA. DOL Appeal: DOL rejects responsibility for negotiations on the 350, requesting full allocation without regard to offsets. It maintains that all economies possible due to decategorization under CETA have been achieved. MA has already come down over 800 positions since 1973. All available resources are needed to make programs work toward "lessening the severity of the economic situation." A new request for 116 is needed to support a plan developed in response to a Federal Court order concerning Employment Services for Migrants. OMB Recommendation: DOL failed to initiate appropriate negotiations on the 350. The rejection of responsibility announced in the appeal requires OMB December 2, 1974 2 adjudication. Pending review, the allowance should continue the terms of the original agreement. Review will be concluded prior to budget printing. CETA programs became operational September 1974. Currently DOL has assigned 853 Federal staff positions in the field (2 per sponsor) plus 46 in headquarters. This is very heavy staffing for a revenue sharing type program regardless of legitimate technical assistance needs of new sponsors. Program management should yield continued savings as sponsors gain experience. In addition, periodic Civil Service Commission reviews have consistently found massive over- grading and underutilization of MA staff. The new request did not include any analysis. MA already has 254 Federal staff positions in the field for monitoring State ES agen- cies (5 per agency), plus 195 more in headquarters. In the absence of any justification, OMB assumes that this staff is sufficient to explain any new requirements to the State agencies and to monitor compliance. OFFICE OF MANAGEMENT AND BUDGET ROUTE SLIP ployment Trust Mr. Paul O'Neill Take necessary action TO ince Act Approval or signature Comment Prepare reply Discuss with.me NEAA For your information Continued See remarks below 5.3 4.7 4.5 G. Phillips Hanna 12-5-74 FROM DATE 3.8 N/A REMARKS UTF/NEAA Outlay Estimates. cc: Mr. Dale McOmber y Request. 10 billion for the UI ssuming a 6.1% average 1975. The President $8.9 billion for the OMB FORM 4 REV Aug 70 GERALB 10RD LIBRARY Alternative FY 76 Outlay Estimates for Unemployment Trust Fund and National Employment Assistance Act ($ in Billions) NEAA Unemployment Dec. 31, 1975 NEAA Rate UTF Cut-off Continued 7.3 13.5 1 3.4 2/ 5.3 7.1 13.3 2.8 4.7 6.8 12.2 2.8 4.5 6.5 11.5 2.6 3.8 5.8 9.0 3/ 1.5 N/A 1/ Included in control figures. 2/ $3.8B included in control figures. 3/ Included in Presidential Materials. Agency Request. Note: For 1975, the control figures include $10 billion for the UI Trust Fund and $1.5 billion for NEAA, assuming a 6.1% average unemployment rate reaching 6.6% in June 1975. The President material includes the Agency Request of $8.9 billion for the UI Trust Fund and $1.2 billion for NEAA. December 5, 1974 Alternative FY 76 Outlay Estimates for Unemployment Trust Fund and National Employment Assistance Act ($ in Billions) NEAA Unemployment Dec. 31, 1975 NEAA Rate UTF Cut-off Continued 7.3 13.5 1/ 3.4 2/ 5.3 7.1 13.3 2.8 4.7 6.8 12.2 2.8 4.5 6.5 11.5 2.6 3.8 5.8 9.0 3/ 1.5 N/A 1/ Included in control figures. 27 $3.8B included in control figures. 3/ Included in Presidential Materials. Agency Request. Note: For 1975, the control figures include $10 billion for the UI Trust Fund and $1.5 billion for NEAA, assuming a 6.1% average unemployment rate reaching 6.6% in June 1975. The President material includes the Agency Request of $8.9 billion for the UI Trust Fund and $1.2 billion for NEAA. December 5, 1974