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Revenue Sharing (14)
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16988433
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Revenue Sharing (14)
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The original documents are located in Box 31, folder "Revenue Sharing (14)" of the James M. Cannon 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 Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 31 of the James M. Cannon Files at the Gerald R. Ford Presidential Library hay TITLE II - ANTIRECESSIONARY GRANTS This title authorizes a program of emergency support grants to state and local governments to coordinate state and local budget related actions with federal economic recovery efforts. Funds are to be used to maintain basic services and not for the acquisition of supplies and materials or for construction unless this is necessary to maintain basic services. Funds Authorized For each of five quarters, beginning July 1, 1976, the title authorizes $125 million, plus $62.5 million for each one-half percentage point over six percent national unemployment. Based on the current unemployment rate (7.8 percent) an estimate for the total 5-quarter period is $1.25 billion (which is the maximum authorized). No funds would be authorized for any calendar quarter during which the national unemployment rate averaged under six per- cent or for any quarter in which the last month's unemployment rate was below six percent. Allocation One-third for states, two-thirds for general purpose local govern- ments (that perform "substantial" governmental functions). In order to get funds, a state or local government must have both of the following conditions: (a) An average unemployment rate of at least 4.5 percent for the quarter that ended three months before the quarter in which payment is to be made. (b) An unemployment rate exceeding 4.5 percent for the last month of the quarter that ended three months before the quarter in which payment is to be made. In other words, if a city expects a countercyclical payment during the third quarter of 1976, starting July 1 its average unemployment rate for the first quarter of 1976 must be at least 4.5 percent and its March unemployment rate must exceed 4.5 percent. States: Formula based on excess unemployment rate (current unemploy- ment rate minus 4-1/2 percent) and state revenue sharing payment for. the year beginning July 1, 1975. Local Governments: Local governments for which the Labor Depart- ment determines unemployment rates under Titles II or VI of CETA (most cities over 50,000) will get funds directly from Treasury under a formula based on local excess unemployment rate (rate minus 4-1/2 percent) and local revenue sharing payment for the year starting July 1, 1975. All other (balance of state) local governments will receive funds by one of two methods: FORD y GERALD LIBRARY -2- (1) A balance of state allocation plan that is submitted by the state under Treasury rules; approved by the Treasury; con- sistent with the allocation formula for the larger (CETA) localities; developed in consultation with local officials in the state; and approved by the state legislature (or governor, if the legislature is not in session). This alternative formula must be submitted to the Treasury with- in 30 days after the effective date of the regulations. (2) Direct allocation by the Treasury under a formula based on (a) the individual jurisdiction's revenue sharing payment for the year beginning July 1, 1975, and (b) the balance of state average excess unemployment rate. The potential inequity in this situation is great. Once the state balance is established cities below 50,000 will receive an allocation proportional to their revenue sharing payments, regardless of their individual unemployment rates. NOTE: The secretary of Treasury does have the discretionary authority to accept unemployment data which is certified by the Secretary of Labor for smaller units of governments. Cities below 50,000 should immediately contact the Governor's Office. to find out if the state collects unemployment data for their jurisdiction. The Labor Department indicates that many states collect small area unemployment data, but that it is seldom sent to Washington. Eligibility and Participation in the Program It is estimated that more than 25,000 local units of government are eligible for countercyclical assistance. As soon as an appropria- tion has been obtained, every revenue sharing recipient will automatically receive a notification of "potential eligibility form" along with an "assurance form" (see below) Every local govern- ment should immediately return the forms. The Office of Revenue Sharing will then determine which governments are eligible and will make the first official allocation run on the computers. The assurance form required from each state or local government under rules developed by the Treasury Department must include the following: Assurance that the funds will be used for the maintenance of public employment and basic service levels; Assurance that proper fiscal control and accounting pro- cedures will be used for funds granted under this title; Assurance that "reasonable reports". will be provided to the Secretary of the Treasury containing such information as the Secretary may deem necessary. Such reports must be published in a newspaper of general circulation. Assurance that non-discrimination and Davis-Bacon requirements will be adhered to. Assurance that any tax increases or decreases and sub- stantial reductions in public employment or services will be reported to the Treasury Department within six months. FORD GERALD LIBRARY -3- Assurance that funds will be spent within six months. Treasury indicates the definition of "spent" will be synonymous with the actual dispersal of the funds unlike revenue sharing. To appropriate or obligate the funds will not meet the spending requirement. Administration and Promulgation of Regulations The Office of Revenue Sharing within the Treasury Department will administer the program. Regulations will not be published until after the appropriations bill has become law. Payments of Funds The Office of Revenue Sharing anticipates that the first checks cannot be mailed until seven weeks after the appropriations bill becomes law. Assuming that the appropriations will be securred by mid/late September, the first checks would be mailed sometime after the first of November. This initial payment will be for two quarters since the program is retroactive to July 1, 1976. Comment Local officials should keep in mind that fluctuations in the total amount of funds and individual government entitlements are likely over the 5-quarter period as a result of changes in national, state and local unemployment rates. The $1.25 billion estimate, for example, is based on a national rate of at least 7 percent for the 5-quarter period beginning July 1, 1976. If the national rate falls below 7 percent, the total amount available for distribution per quarter will change from $250 million to $187.5 million. In addition, local allocations will be recomputed every quarter in order to reflect more current unemployment data. The degree of fluctuations to occur cannot be predicted at this time. GERALO FORD LIBRARY THE WHITE HOUSE WASHINGTON September 1, 1976 MEMORANDUM FOR FROM Pal MAX FRIEDERSDORF JIM CANNON I PAUL MYER SUBJECT: Cost of Senate Finance Committee General Revenue Sharing Renewal Bill My earlier memorandum to you on the Senate Finance Committee's bill to revise and extend the General Revenue Sharing program included a cost estimate of $41.61 billion for the 5 3/4- year period, January 1, 1977-September 30, 1982. This estimate was based upon the Committee's apparent decision to fund General Revenue Sharing at a level of $6.9 billion for the 9months of FY77 for which funds are not appropriated in the current Act. However, the Committee staff is of the opinion that the Committee decision reflected a cost of $6.9 billion for FY77. Based upon this interpretation, the total cost of the program would be $41.988 billion, an increase of $378 million above my previously reported calcu- lation. This matter will be resolved in the drafting and review of the actual statutory language. Based upon the higher figure, the comparison of projected outlays between the Administration proposal and the Commit- tee bill is as follows: Administration Proposal Committee Bill FY77 $ 6,537,500,000 $ 6,900,000,000 FY78 6,687,500,000 7,050,000,000 FY79 6,837,500,000 7,200,000,000 FY80 6,987,500,000 7,350,000,000 FY81 7,137,500,000 7,500,000,000 FY82 7,287,500,000 7,650,000,000 -2- An important factor in resolving the actual level of funding in the bill will be Congressional action on the 2nd Budget Resolution which, as reported in both the House and Senate, contains a figure of $6.65 billion, or the House-passed figure. Under the entitlement financing procedures of the Congres- sional Budget Act, the bill should be referred to Senate Appropriations since the 1st Budget Resolution provides only $6.542 billion for General Revenue Sharing in FY77. You may recall that this is the procedure we followed in the House. This matter has not yet been given any serious con- sideration and the highly technical, but sensitive in terms of Senate politics, issue must be worked out between Senators Long, Muskie and McClellan. It is my opinion that even if the Senate goes along with the $6.9 billion figure for FY77, the House conferees, given the view of Brooks, Adams and Mahon, would never agree to that amount. It is likely that the Senate will yield to the House if the annual increment of $150 million for subsequent years were preserved. This compromise would be most satis- factory in relation to the President's legislative and budgetary recommendations for General Revenue Sharing renewal. THE WASHING Paul JIM: Thanks I apologize for the leng of the attached memprandum. Simply, we have a potential problem which could delay Senate consideration of the General Revenue Sharing renewal bill. The document explains the technical and political aspects involved. Matters could be complicated further by White House the problem. signals. Max Pal is aware of Rie THE WHITE HOUSE Revenue WASHINGTON September 2, 1976 MEMORANDUM FOR MAX FRIEDERSDORF JIM CANNON FROM PAUL MYER SUBJECT: Senate Consideration of General Revenue Sharing Legislation By unanimous consent agreement, Senator Long has authority to call up the Finance Committee's bill to revise and extend the General Revenue Sharing program at any time during the week of September 7. Although the leadership would like to begin on Wednesday and complete action on Thursday, the extent of work required to complete bill and report drafting may delay action until later in the week. Of greater consequence, however, is a problem concerning the Finance Committee's decision on the funding level and fund- ing mechanism of the General Revenue Sharing program which has the potential to delay or complicate Senate floor action on this bill. I. FUNDING LEVEL As reported, the Finance Committee bill provides $6.9 billion in outlays for FY77. Since $1.662 billion is already appropriated for the first quarter of FY77 in the current Act, the bill provides an additional $5.238 billion for the fiscal year. According to the Senate (and House) Budget Committee, the First Budget Resolution allocated only $4.880 billion in additional outlays for General Revenue Sharing. Based upon their interpretation, the Finance Committee bill would exceed this target by $358 million. The Finance Committee has, however, based its action upon a different interpretation. The section of the First Budget Resolution covering Revenue Sharing and General -4- ACTION REQUIRED Senators Long, Muskie and McClellan have not discussed these questions. Their resolution could be handled in an amicable manner or result in a floor fight. It is conceivable that the Senate will simply avoid the technical aspects of the funding level issue, adopt the Finance Committee recommendation and then increase the amount allocated for General Revenue Sharing in the Second Budget Resolution to reflect that decision. As you know, it is my opinion that even if the Senate were to go along with the $6.9 billion figure for FY77, the House conferees would not agree to that amount. A likely compromise allocating only $6.65 billion but retaining the annual $150 million increment for subsequent years would be most satisfactory in relation to the President's legislative and budgetary recommendations for General Revenue Sharing renewal. Regarding the referral issue, the waiver provision was not exercised in the House. It is worth noting that the Administration's legislative recommendations did include this waiver authority in order to exempt General Revenue Sharing from the annual appropriations process. While the referral could be of a pro forma nature, as in the House, Senator Long is extremely jealous of his Committee's preroga- tives. If the Senate did include the waiver in its bill, this provision would clearly add to our leverage in confer- ence. Given the personalities involved and the recent history of dispute over the power and authority of their respective committees, anything may happen. While it will be interest- ing to see this situation unfold, I am concerned that it not delay or jeopardize prompt Senate action. Particularly, the Administration must be careful of its involvement. OMB has already been contacted by Senator Bellmon's office regarding the position of the Administration on the funding level issue. To my knowledge the referral matter has not yet surfaced. This is clearly a sensitive matter which merits your attention. It would be useful for us to meet with Jim Lynn and others who may be involved. -3- II. FUNDING MECHANISM The Senate Finance Committee bill retains the House- passed entitlement financing provision. This provision would continue long-term financing for General Revenue Sharing and is in accordance with the Congressional Budget Act. Under the entitlement financing provisions of the Budget Act, entitlement legislation is referred to the Appropriations Committees if it would generate entitlement authority in excess of the allocation made under the latest Congressional Budget Resolution. The legislation is referred for no more than 15 days with the Appropriations Committee automatically discharged from consideration if it has not reported during this period. The Appropriations Committee may report the legislation with an amendment limiting the total amount of new entitlement authority; however, their jurisdiction extends only to the cost of the program involved and not to substantive changes. When this legislation was considered in the House, the Government Operations Committee bill was referred to the House Appropriations Committee under these provisions since the bill proposed entitlement authority in excess of the amount allocated in the First Budget Resolution. As you know, the House Appropriations Committee reported the bill without amendment within three days. Pending the resolution of the funding level issue dis- cussed above, the Finance Committee bill may therefore be subject to referral under the entitlement financing proce- dures of the Budget Act. Senator Long, however, may not be inclined to allow referral of this legislation to the Appropriations Commit- tee. He is giving serious consideration to exercising an exception contained in the Budget Act which would waive referral to the Appropriations Committee. Specifically, Section 401 (d) (2) of the Budget Act provides that the entitlement financing procedures with respect to referral "shall not apply to new spending authority which is an amendment to or extension of the State and Local Fiscal Assistance Act of 1972, or a continuation of the program of fiscal assistance to State and local governments pro- vided by that Act, to the extent so provided in the bill or resolution providing such authority." -2- Purpose Fiscal Assistance contained $350 million in "allow- ances" which the Finance Committee applied to the General Revenue Sharing program to compute its higher figure. Fur- ther, Senator Long is known to feel that since the "Tax Reform" bill emerging from conference will produce greater savings than anticipated, these revenues should be applied to programs within his Committee's jurisdiction. Under this interpretation, the $6.9 billion would be within the Budget Resolution target. The Senate Budget Committee has questioned the Finance Committee's action. In a August 30, 1976 letter from Senators Muskie and Bellmon to Senator Long, the Budget Com- mittee advised the Finance Committee: " the First Budget Resolution deliberations did not contemplate use of any of the allowances target for general revenue sharing. In any event it is now clear these allowances amounts will be needed for other purposes. "In allocating the First Budget Resolution targets among Senator Committees, certain funds in the allowances category were held back and not allocated to any committee. It should be noted, however, that the statement of managers accompanying the Conference Report on the First Budget Resolution stated that these sums -- totalling $2.050 billion in budget authority and $350 million in outlays -- were to be reserved only for jobs programs, includ- ing accelerated public works, countercyclical assistance, public service employment, small busi- ness assistance, or such other temporary job stimulus programs that the Congress may enact' (emphasis added) " The Budget Committee had in fact earlier advised the Appropriations Committee that in light of subsequent Con- gressional actions, it should augment appropriations for job creating programs by the $350 million in the allowances category, thus earmarking these amounts for such purposes. Further, the Budget Committee, in reporting the Second Budget Resolution, has allocated only $6.65 billion in outlays for revenue sharing during FY77. This figure represents the amount contained in the House-passed renewal bill. Senate consideration of the Budget Resolution is also scheduled for next week. THE WHITE HOUSE WASHINGTON September 2, 1976 MEMORANDUM FOR JIM CANNON FROM PAUL MYER SUBJECT: Prospective Signing Ceremony for General Revenue Sharing Bill I believe the legislation to revise and extend the General Revenue Sharing program has progressed along far enough for us to consider a prospective Presi- dential signing ceremony. It would appear the period of September 27-October 9 is a likely window. You may recall the original enactment was signed by President Nixon with great ceremony in Philadelphia with a Bicentennial-type backdrop. It was a good political event. Among the options we have is to hold the signing cere- mony in a large urban area (New York, Detroit or Los Angeles would be suitable). My thinking is that such an event might help strengthen the President's urban credentials, particularly if the rhetoric was keyed to the hard fiscal and economic realities facing State and local governments and the President's commitment to less Federal interference in community affairs. At the same time, the strengthened civil rights aspect of the renewal bill could also be used to his advan- tage. I have discussed this matter briefly with Steve McConahey. You Paul may wish to take it further at the appropriate time. CC: Max Friedersdo Feed place pean. Mg a for Jun Rile THE WHITE HOUSE Gen Kev. WASHINGTON September 8, 1976 MEMORANDUM FOR Pw JIM CANNON FROM: PAUL MYER SUBJECT: Administration Position on Senate Finance Committee GRS Renewal Bill In addition to the other steps I have taken in response to the President's concern, the following statement has been given to OMB's legislative staff for their routine circulation of Administration views on pending legislation: The Administration supports the General Revenue Sharing bill reported by the Senate Finance Committee. The legislative provisions of the Committee bill delete or modify the objectionable features of the House-passed bill and closely tracks the President's recommendations for renewal of this program. The Administration does object, however, to the proposed FY 77 funding level of $6.9 billion contained in the Committee bill. This amount exceeds the Administration budget request by $363 million. Long today ment with $6.65 B. Stain-step mcreane was also modified to be $200 M. FORD from $150 040806 THE WHITE HOUSE file WASHINGTON September 10, 1976 MEMORANDUM FOR MAX FRIEDERSDORF JIM CANNON FROM PAUL MYER SUBJECT: Status Report -- Senate Consideration of General Revenue Sharing Bill The Senate will consider the General Revenue Sharing bill next Monday or Tuesday, the week of September 13. This unfortunate delay is the result of the protracted tax conference and a Democratic Senator exercising the so-called "three day rule". While the Senator or his reason for using this Senatorial privilege has not been identified, I believe it may be Senator Gravel (D-Alaska), who is attempting to gain support for two civil rights amendments that he apparently plans to offer (i.e. addition of nondiscrimination prohibitions on grounds of religion, age and handicapped status; provide for the payment of attorneys fees). As you know, a potential floor fight between the Finance and Budget Committees over the funding level issue was negated when Senator Long earlier this week agreed to offer a floor amendment to revise the FY77 amount in accordance with the Budget Resolution. Specifically, the Committee bill will be modified to provide entitle- ment payments of $6.65 billion in FY77 (as opposed to $6.9 billion) and increased thereafter by $200 million per year (as opposed to $150 million). This would also reduce the total cost of the program by $750 million. 09:012 -2- Committee Bill Anticipated Long Amendment (in billions) FY77* $ 6.90 $ 6.65 FY78 7.05 6.85 FY79 7.20 7.05 FY80 7.35 7.25 FY81 7.50 7.45 FY82 7.65 7.65 TOTAL $ 43.65 $ 42.90 (*includes $1,662. million in existing authority) A number of Senators are preparing various floor amend- ments to modify certain aspects of the Committee bill. None of the known amendments are considered serious threats. However, the additional time available may lead to more floor amendments than anticipated. In addition, we may face the problem of certain non- germane amendments. Since we are late in this session and General Revenue Sharing is considered "must sign" legislation, Senators may attempt to use this bill as a "Christmas tree". For example, Senator Taft is con- sidering an OSHA amendment which has been bottled up in the Senate Labor Committee. It is conceivable that other Senators may avail themselves of the opportunity this bill presents. My major concern is that the Senate may spend more time on this legislation than is necessary or desirable given the tight time circumstances we face and the nature of the prospective House conferees. The adoption of amendments would greatly complicate the conference. I am working with Senator Long, the Finance Committee staff, and representatives of State and local government to limit the number and nature of amendments which might be offered next week. Since the funding issue has been favorably resolved in accordance with the President's policy, we are in a position to fully support the Committee bill. Aw Aw Haig of thair f THE WHITE HOUSE WASHINGTON what paul Trub wread September 10, 1976 MEMORANDUM FOR Paul PAUL MYER JIM CANNON you unting FROM SUBJECT: Business Week Report President's General Revenue Sharing Position on week The September 20, 1976 Business Week contains a report on campaign issues which does a disservice to the President's General Revenue Sharing policy 3 (page 86). While the one sentence description is accurate, it might be subject to misinterpretation when viewed in the context of the revenue sharing section which reflects little understanding of current law. letter Attachment CC: Art Quern FORD & LIBRARY GERALD 09/01/ with two others in the Labor and Justice notable exception of New York City "the FOREIGN departments. bulk of welfare expenditures have al- Ford's task force may also recommend ready been transferred to either the ECONOMIC POLICY: altering the benefit formulas of block state or federal level." grant programs to put more weight on The Republican platform opposes Living with an poverty and other social problems. This "federalizing" welfare. But if elected, would give older, needier cities a better Ford will offer a welfare reform plan to aggressive Third World break than at present. consolidate some existing welfare pay- Carter's task force on urban policy is ments and institute new work require- headed by Julius Edelstein, dean for ments to cut welfare eligibility. In international economic affairs, Ford urban policy and programs at City REVENUE SHARING. Carter wants a five- and Carter differ more in style and University of New York, and one on land year extension of the present program, emphasis than in the specifics of their use, housing, and community develop- which is funded at something above $6 policies. Both favor liberal trade and the ment by Charles M. Haar, a former billion a year, with an escalator clause system of floating currencies-with ade- assistant secretary for metropolitan de- for inflation, and changes to permit quate safeguards against cheating. Both velopment at HUD. These task forces, as cities to use the funds for health, educa- see a potential need for arrangements to well as other experts, are hammering tion, and social services. Payments bail industrial countries out of financial out a dozen or so papers on a wide range would go directly to localities rather crises such as those that hit Italy and of urban issues, everything from land than to states for pass-through. He Britain, although Carter has not com- use to urban-suburban relationships to plans to "study" the program to see if mented on the Ford-Kissinger scheme reorganizing HUD. These papers, of benefit formulas should be changed to for a $25 billion financial "safety net" course, could generate new Carter posi- give needier areas more money. Carter that is currently hung up in Congress. tions. But a Carter aide says bluntly, also will consider creating a new agency The contrasts between the two men "We've had a lot of 1960 suggestions to help localities sell their securities. show up most clearly in their approach coming in, and we're not going to go that Ford favors extending revenue shar- to economic relations with the Third way. There is no Hubert Humphrey ing, plus annual increments for inflation, World. The Ford and Nixon Administra- Marshall Plan for the cities in the cards and would consider formula changes to tions, according to Carter, have concen- at the moment." What Carter wants, provide more help to needier localities. trated too much on big-power diplomacy says this aide, are program options with MASS TRANSIT. Carter intends to make while neglecting potentially explosive political and economic costs clearly more money from the Highway Trust "North-South" confrontations. Carter is spelled out. Fund available for public mass transpor- basically more sympathetic than Ford to Against this background, the salient tation, and he will study whether it is poor countries' clamor for a "new inter- proposals from Ford and Carter on feasible to create a total transportation national economic order." But even in issues that affect the cities are these: fund for all modes of transportation. this area, differences between the candi- HOUSING. Carter wants to return to the Ford's position is similar. Transporta- dates lie more in the strength of their production subsidies that Nixon and tion Secretary William T. Coleman Jr. commitment to specific objectives than Ford discarded. His aim is "to fulfill our recently increased aid to city mass in their overall approach. national commitment to build 2.5 million transit, though the Ford Administration Commodity agreements. A case in point housing units a year." He plans direct has spent little from the highway fund is U.S. participation in international federal subsidies and low-interest loans on such transit. In using mass transit commodity agreements. Carter says the for low- and middle-income housing. funds, Ford wants to retain the 50-50 U.S. should join schemes for such Further, he proposes expansion of hous- balance between operating subsidies and products as tin, coffee, and sugar. He ing programs for the elderly; "greatly capital projects; Carter favors spending implies that Ford, by contrast, is cool increased emphasis" on rehabilitation of "greater amounts" on operations. toward commodity agreements. But, in existing housing, using it as a way to Carter also calls his jobs program fact, Ford has already won Senate create jobs in the cities; "greater effort" (page 77) a vital element of his urban approval for U.S. participation in coffee to direct more mortgage money into policy. Both he and Ford say they will and wheat accords, and he seems private housing; "more attention" to the deal strongly with urban crime. assured of favorable Senate action on role of local communities; and outlawing The two candidates offer some help to tin. redlining. the poor living in cities and to hard- The difference, Carter aides maintain, Ford, far from proposing production pressed city officials. But measured is that the Democratic candidate would subsidies, is seeking ways to shift the against broader urban problems, neither push harder for progress on such housing assistance programs into block goes very far. accords. Ford, they claim, has allowed grants consolidated with community The root problem of cities today is Treasury Secretary William E. Simon renewal grants. that they are losing their attractiveness and Alan Greenspan, chairman of the WELFARE. Carter labels welfare reform to that part of society that can support Council of Economic Advisers, to sabo- "the single most important action we them: the middle class and business. tage Secretary of State Henry Kissin- could take" toward helping the urban Restoring the cities to self-sufficiency ger's initiatives on commodities. poor. He wants a uniform national means enabling them to compete with A similar picture emerges on the issue program of benefits, with strong work the suburbs for those groups and their of foreign aid. Carter blames Ford for a incentives for the employable poor and resources. Nobody knows just how to do $500 million shortfall in appropriations income supplements for the working this, except that it would require federal, for U.S. contributions, under interna- poor, who would not be penalized for state, and local efforts, as well as large tional agreements, to agencies such as working by having benefits reduced. investment, the kind of investment that the Inter-American Development Bank. Except for mothers with preschool chil- has reproduced pieces of the city, includ- The fact of the matter, however, is that dren, anyone able to work who refused a ing whole business districts, in the the Democratic Congress balked at job or training would be denied benefits. suburbs over the past several decades. Ford's requests for funds. Still, Carter Cities would be relieved gradually of all Neither Carter nor Ford is talking about aides charge, with some justice, that the welfare payments. City officials would such investment. Anything less is not Ford Administration made only languid applaud this, of course, but a recent likely to make much difference to cities efforts to defend its aid requests. study by the Urban Institute in Wash- as centers of business, social, and An even more basic difference with ington, D.C., points out that with the cultural life. Ford shows up in Carter's populist and GOVERNMENT Revenue though THE WHITE HOUSE WASHINGTON September 14, 1976 MEMORANDUM FOR MAX FRIEDERSDORF JIM CANNON FROM PAUL MYER SUBJECT: Proposed Presidential Statement on Senate Adoption of General Revenue Sharing Legislation I anticipate the Senate will complete action on the General Revenue Sharing bill early this afternoon. Beyond the three civil rights amendments adopted on the floor (none of which present major problems), the Committee bill will be approved with minor changes. This action represents a major endorsement of the President's own legislative recommendations for renewal. Attached for your review is a proposed Presidential statement upon Senate adoption of this legislation. I will be reachable on the Hill. Attachment FORD is LIBRARY GERALD proved to 9/15 QR PROPOSED STATEMENT BY THE PRESIDENT UPON SENATE ADOPTION OF LEGISLATION TO REVISE AND EXTEND THE GENERAL REVENUE SHARING PROGRAM I am extremely pleased that the Senate has today over- whelmingly adopted legislation to extend the General Revenue Sharing program. The Senate bill closely tracts my legis- lative recommendations for renewal of this important domestic program. Continuation of this program, which provides substantial assistance to State and local governments remains, however, one of the major unfinished items of business on the Congressional agenda. I urge the Democratic leadership in the House to take responsible and responsive action to convene an immediate conference on this bill. They have sought to portray them- selves as friends of our Nation's cities. Their record on this legislation stands in marked contrast to their rhetoric. In delaying action on this bill for over one year, they have jeopardized the fiscal and economic stability of our cities. I hope the Democratic Congress will demon- strate its commitment by moving swiftly and favorably in getting responsible legislation to my desk for signature before they adjourn. To do any less would only serve to aggravate the fiscal problems of State and local governments and undermine economic recovery. PRESS/BACKGROUND INFORMATION -- GENERAL REVENUE SHARING RENEWAL * The General Revenue Sharing program was enacted in October, 1972. To date more than $26.6 billion has been provided to the 50 States and 39,000 units of local government. These funds have been used by these governments to meet their priority needs. * On April 25, 1975, the President recommended a 5 3/4-year renewal of the General Revenue Sharing pro- gram. Under the President's proposal, $39.85 billion would be distributed to eligible governments between January 1977 and September 1982. The President's pro- posal preserved the essential provisions of the current Act and contained recommendations to improve and strengthen the program. * On June 10, 1976, the House passed a 3 3/4-year extension of the program. The bill contains certain restrictions and burdensome requirements which would limit the program's effectiveness. * On September 14, 1976, the Senate passed a 5 3/4-year extension of the program. The Senate-passed bill incorporates many of the President's legislative recommendations for renewal. The bill also deletes or modifies the objectionable features contained in the House version of this legislation. * According to governors, mayors and other local government officials, failure to extend the General Revenue Sharing program will result in increased taxes, cutbacks in essential services or more unemployment. THE file WHITE HOUSE WASHINGTON Good Paul September 15, 1976 keep closely. MEMORANDUM FOR MAX FRIEDERSDORF very JIM CANNON June FROM PAUL MYER SUBJECT: Senate Action on General Revenue Sharing Legislation (September 13-14, 1976) The Senate yesterday adopted legislation to revise and extend the General Revenue Sharing program by a vote of 80-4. The Senate basically approved the bill as reported by the Finance Committee with relatively minor amendments. Attached for your information is a summary of the Senate-passed bill and those amendments adopted or rejected during floor considera- tion. The Senate has already asked the House for a conference, appointing Senators Long, Talmadge, Hathaway, Gravel, Nelson, Fannin, Hansen and Packwood as its conferees. The conference issues are clear and the differences subject to constructive compromise. I am preparing a memorandum on this subject for your review. I met separately yesterday evening with Congressmen Brooks, Horton, Fountain and Brown to discuss the conference situa- tion. Brooks was extremely negative and indicated that he would give the matter some thought. The other Members expressed great concern over Brooks' anticipated selection of conferees and conduct during the conference. I have asked representatives from State and local government and other organizations who have been working with us to contact the House Democratic leadership and other Members to urge them to impress upon Brooks their desire for an immediate and responsible conference. Attachment 09:503 ATTACHMENT A SUMMARY -- MAJOR PROVISIONS OF THE SENATE-PASSED GENERAL REVENUE SHARING RENEWAL BILL 1. Length of Program -- 5 3/4 years (January, 1977- September, 1982) 2. Funding Level -- $41.23 billion; provides $6.65 bil- lion for FY77 with stairstep increases of $200 million in each year thereafter. 3. Funding Mechanism -- entitlement financing (nondis- cretionary annual appropriation of authorized amounts). 4. Distribution of Funds -- no change in existing statu- tory allocation formula or eligibility requirements. 5. Nondiscrimination -- modifies current nondiscrimination provision to add prohibition on the basis of age, handi- capped status or religion; sets forth enforcement procedures which could lead to the suspension of funds where discrimination is found. 6. Other Provisions -- A. deletes current priority expenditure categories and matching prohibition. B. simplifies current reporting, hearing and audit- ing requirements. C. provides for annual, instead of quarterly, pay- ments for small units of government. D. authorizes a new study of revenue sharing and the Federal system by ACIR. FORD ATTACHMENT B MAJOR SENATE FLOOR AMENDMENTS Adopted 1. Long amendment to reduce from $6.9 to $6.65 bil- lion the FY77 funding level with annual increases of $200 million each year thereafter (voice vote). 2. Gravel amendment to restore House provisions prohibiting discrimination on the basis of age or handicapped status (60-15). 3. Gravel amendment to provide for awarding of attorney fees to the prevailing party in a suit brought to enforce civil rights compliance (40-35). 4. Gravel amendment to apply existing civil rights prohibitions and exemptions on religious discri- mination (59-16). 5. McGovern amendment to provide annual payments to any recipient which receives less than $4,000 per year. Rejected 1. Biden amendment to subject program to annual appropriation process (14-62). 2. Fannin amendment to strike Davis-Bacon coverage (15-62). 3. Javits amendment to provide monthly payments to any governmental unit receiving more than $40 million per quarter and annual payments to any governmental unit receiving less than $4,000 per year. [9/23/76] REVENUE SHARING Chairman Brooks has been trying to stall a conference with the Senate conferees. He agreed this morning to assemble the House conferees at 10:00 a.m. Monday, and there is a possibility that House and Senate conferees may meet on Monday afternoon. Recommendation: If the question of revenue sharing comes up in the debates the President might want to emphasize his long-standing leadership in this area and point out that he is greatly concerned that the time to pass the legislation is very short and with less than a week of this session remaining, Congress has not yet acted. The principal driving force for action in the House is the fear of Albert , Tip O'Neill, and other Democratic leaders, that if revenue sharing is not passed next week, you will call the Congress back in special session to do SO. Jack Marsh believes this would be an appropriate reason for the recall of Congress, if necessary. 9/23/76 REVENUE SHARING Chairman Brooks has been trying to stall a conference with the Senate conferees. He agreed this morning to assemble the House conferees at 10:00 a.m. Monday, and there is a possibility that House and Senate conferees may meet on Monday afternoon. Recommendation: If the question of revenue sharing comes up in the debates the President might want to emphasize his long-standing leadership in this area and point out that he is greatly concerned that the time to pass the legislation is very short and with less than a week of this session remaining, Congress has not yet acted. The principal driving force for action in the House is the fear of Albert , Tip O'Neill, and other Democratic leaders, that if revenue sharing is not passed next week, you will call the Congress back in special session to do SO. Jack Marsh believes this would be an appropriate reason for the recall of Congress, if necessary. FORD QUART Rev therry THE WHITE HOUSE WASHINGTON September 23, 1976 1976 SEP 24 AM 8 07 MEMORANDUM FOR MAX FRIEDERSDORF FROM JIM PAUL CANNON MYER Paul SUBJECT: General Revenue Sharing Conference This will confirm my earlier conversation with you regarding the conference on General Revenue Sharing legislation. Chairmen Long and Brooks have agreed to meet on Monday, September 27, 1976, at 2:00 p.m. in Room EF 100 of the Capitol. Our Good / Jr work FORD LIBRARY if GERALD 092403 THE WHITE HOUSE f WASHINGTON September 28, 1976 MEMORANDUM FOR THE VICE PRESIDENT FROM: JIM CANNON SUBJECT: General Jim Revenue Sharing Here is a summary of the agreement between the House and the Senate on Revenue Sharing. attachment THE WHITE HOUSE WASHINGTON September 28, 1976 976 SEP 28 Fil 4 19 MEMORANDUM FOR MAX FRIEDERSDORF AIM CANNON FROM TRAUL MYER SUBJECT: Conference Action on General Revenue Sharing Legislation House and Senate conferees completed action on legislation to revise and extend the General Revenue Sharing program at 12:30 a.m., Tuesday, September 28. The Conference Report will be filed today. However, the Conference Report is still apparently subject to a point of order in the House and may require a Rules Committee waiver to retain the additional funds contained in the bill. Assuming the House rules prob- lem is overcome, Congress should clear the measure for the President on Thursday or Friday. I would expect that the President could sign this bill within the October 6-16 time frame. The Conference bill extends the program for an additional 3 3/4 years and will provide $25.54 billion to State and local governments. This legislation is consistent with the President's renewal recommendations and contains a number of important improvements in the existing program. While the Conference bill does contain some restrictions and require- ments not sought by the Administration, the legislation does grant significant Secretarial discretion, including authority to waive many provisions which may be viewed as burdensome or unnecessary. Attached for your information and review is a brief summary of the major provisions of the Conference bill. Attachment ATTACHMENT SUMMARY OF MAJOR PROVISIONS I. Extension, Funding and Amounts * Extends program for 3 3/4 years (January 1, 1977 through September 30, 1980). Provides total of $25.54 billion: FY77 - $4.99 billion 1 FY78 - 6.85 billion FY79 - 6.85 billion FY80 - 6.85 billion 1/ total for FY77 is $6.65 billion; $1.66 billion already appropriated for FY77 under current law. * Entitlement financing (nondiscretionary annual appropriation of authorized amounts). II. Distribution of Funds * Retains existing distribution formula, except for certain technical amendments recommended by the Administration: Includes separate provision to provide a percentage of Louisiana's funds to law enforcement officers in that State. Resolves dispute involving four Virginia counties and the Office of Revenue Sharing concerning repay- ment of $3.3 million in shared revenues. The Con- ference provision would void the repayment. III. Fiscal Requirements Eliminates priority categories, the matching pro- hibition and related requirements. Local govern- ments could use the funds for any purpose. Modifies the existing State maintenance of effort provision, making the base period a two year moving average. -2- IV. Citizen Participation and Reporting Requirements * Requires State and local governments to ensure citizen access to information and participation in decisions regarding the planned expenditure of revenue sharing funds (including requirements for hearings and the publication of reports con- sistent with existing budgetary practices in these units of government). The Conference bill represent a much simplified version of the House bill and grants the Treasury Secretary broad discretionary power to issue regulations and waive certain procedures and requirements contained in the provision. V. Nondiscrimination * Expands the existing nondiscrimination provision to prohibit discrimination on account of religion, age or handicapped status. While these represent new prohibitions in the General Revenue Sharing Act, the Conference language is consistent with current civil rights law and practices. * Continues the existing application of the nondis- crimination prohibitions to any program funded in whole or in part with revenue sharing funds. In adopting this provision, the Conference rejected a House provision which would have also included direct or indirect funding of programs. Had this provision remained in the bill, all programs and activities of a State or local government would have been subject to the nondiscrimination prohibition. Sets forth a strong administrative enforcement pro- cedure, including the suspension or termination of revenue sharing funds where discrimination is found. * Provides that an individual may bring suit for a violation of the Act, but only upon exhaustion of the extensive administrative remedies contained in the Act. * Provides for the payment of reasonable attorney fees to a prevailing party in an action brought to enforce the nondiscrimination provision. -3- VI. Accounting and Auditing Requirements * Requires State and local governments to conduct financial and compliance audits at least every three years in accordance with State or local law and generally acceptable accounting and auditing standards. This provision does not apply to any government receiving less than $25,000 per year in revenue sharing entitlements and the Secretary is granted authority to waive the requirement in cer- tain other circumstances. VII. Revenue Sharing Study * Authorizes the ACIR to conduct a three-year study and evaluation of the American Federal fiscal sys- tem with particular emphasis on revenue sharing. 9/29/76 file TALKING POINTS: DRS 1. The enactment of the General Revenue Sharing Conference Report is essential before you go home. 2. It is my understanding that the Conference Report must be protected against points of order in order to preserve the additional funds which were unanimously agreed to by the Conference Committee. 3. You have asked me to indicate to you today my intentions in regard to the Public Works Appropria- tion and CETA bills. I am prepared to do so only if I have your commitment that the General Revenue Sharing Conference Report is fully protected from all points of order and cleared for my signature this week. rew shaving THE WHITE HOUSE WASHINGTON September 30, 1976 MEMORANDUM FOR THE PRESIDENT FROM JAMES M. CANNON Jain Congressmen L. H. Fountain and Frank Horton led the successful fight today for House adoption of the General Revenue Sharing Conference Report you had requested. In light of their leadership role, I believe it would be appropriate for you to call them and express your appreciation. [9/30/76] I am most pleased that Congress has today passed the extension of the General Revenue Sharing Program. General Revenue Sharing has proven to be a triumph of the con- viction that state, county, city and local government can be far more responsive and flexible in serving citizens than distant bureaucracies and special interest programs. Revenue Sharing has only one special interest: the return of tax dollars to local authorities so they can best determine how to solve community problems with community solutions. Without the passage of this program county executives would have been faced with cutting essential services or raising property taxes. States which use the majority of their funds for education would have been confronted with the possibility of severe reductions in school aid and cities would have had their already tight fiscal condition further burdened. I proposed the extension of General Revenue Sharing on April 25, 1975, and have worked closely and continuously since then with State and local officials to secure passage of this legislation. While the bill passed by Congress today is not all that I and the mayors, county executives and governors had hoped for, it does assure continued growth of this vital program. Today's action is a most significant accomplishment and all who participated in bringing about this victory are to be congratulated. THE WHITE HOUSE WASHINGTON September 30, 1976 MEMORANDUM FOR MAX FRIEDERSDORF FROM PAUL TIM CANNON MYER laulton SUBJECT: Senate Action on General Revenue Sharing Conference Report The Senate has just cleared for General Revenue Sharing Conference Report for the President's signature by a vote of 77-4. Revenue Sharing FOR IMMEDIATE RELEASE Office of the White House Press Secretary THE WHITE HOUSE SEPTEMBER 740 30, 1976 STATEMENT BY THE PRESIDENT I am most pleased that Congress has today passed the extension of the General Revenue Sharing Program. General Revenue Sharing has proven to be a triumph of the conviction that state, county, city and local government can be far more responsive and flexible in serving citizens than distant bureaucracies and special interest programs. Revenue Sharing has only one special interest: the return of tax dollars to local authorities so they can best determine how to solve community problems with community solutions. Without the passage of this program county executives would have been faced with cutting essential services or raising property taxes. States which use the majority of their funds for education would have been conf ronted with the possibility of severe reductions in school aid and cities would have had their already tight fiscal condition further burdened. I proposed the extension of General Revenue Sharing on April 25, 1975, and have worked closely and continuously since then with State and local officials to secure passage of this legislation. While the bill passed by Congress today is not all that I and the mayors, county executives and governors had hoped for, it does assure continued growth of this vital program. Today's action is a most significant accomplishment and all who participated in bringing about this victory are to be congratulated. # # FORD LIBRARY & GERALD 2 Revenue Sharing 3 4 Rile 5 6 The quistite Mouse 1 Sington 2 3 WHB (45(1700) (2-048469E274)PD 09/30/76 1700 "SEP 31 1976 SEP 30 PM 6 10 O5 ICS IPMMTZZ CSP 6 7 2027859577 TDMT WASHINGTON DC 78 09-30 0500P EST FORD & LIBRARY GERALD 8 PMS JAMES CANNON 9 10 WHITE HOUSE DC 20500 11 THE FOLLOWING TELEGRAM HAS BEEN SENT TO THE PRESIDENT: 12 NATIONAL ASSOCIATION OF COUNTIES CONGRATULATES YOU AND YOUR 13 14 ADMINISTRATION ON YOUR TREMENDOUS VICTORY IN GETTING GENERAL RENENUE 15 SHARING THROUGH BOTH HOUSE AND SENATE. THERE IS NO DOUBT THAT THIS 16 17 VICTORY WOULD NOT HAVE BEEN ACHIEVED WITHOUT YOUR BRILLIANT 18 LEGISLATIVE STRATEGY. 19 FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY, U. S. 20 21 WE ARE DEEPLY APPRECIATIVE OF YOUR DECISION TO SIGN THE PUBLIC WORKS 22 23 APPROPRIATIONS AND CETA PUBLIC SERVICE JOBS BILL. THIS AGAIN SHOWS 24 YOUR COMPASSION FOR THOSE IN ECONOMIC DISTRESS. 25 26 BERNARD F HILLENBRAND EXECUTIVE DIRECTOR 100/01 CUDCO 3 4 5 6 1 2 3 4 WHB 145(1700) (2-048469E274)PD 09/30/76 1700 5 ICS IPMMTZZ CSP 6 7 2027859577 TDMT WASHINGTON DC 78 09-30 0500P EST 8 PMS JAMES CANNON 9 10 WHITE HOUSE DC 20500 11 THE FOLLOWING TELEGRAM HAS BEEN SENT TO THE PRESIDENT: 12 13 NATIONAL ASSOCIATION OF COUNTIES CONGRATULATES YOU AND YOUR FORD & LIBRARY 14 ADMINISTRATION ON YOUR TREMENDOUS VICTORY IN GETTING GENERAL RENENUE 15 16 SHARING THROUGH BOTH HOUSE AND SENATE. THERE IS NO DOUBT THAT THIS 17 VICTORY WOULD NOT HAVE BEEN ACHIEVED WITHOUT YOUR BRILLIANT THE 18 BY LEGISLATIVE STRATEGY. 19 PRINTED 20 21 0805 22 WE ARE DEEPLY APPRECIATIVE OF YOUR DECISION TO SIGN THE PUBLIC WORKS FORM 23 APPROPRIATIONS: AND CETA PUBLIC SERVICE JOBS BILL. THIS AGAIN SHOWS 24 25 YOUR COMPASSION FOR THOSE IN ECONOMIC DISTRESS. 26 BERNARD F HILLENBRAND EXECUTIVE DIRECTOR 01410