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from $1 million to $100,000, as has been recommended by Congress?
Mr. Burress. This is for Congress to decide. The floor is established by Congress.
EXTENSION OF ACT
Mr. TIERNAN. So, when we extend the Board, we can do that in the act itself?
Mr. BURRESS. I might indicate that the Procurement Commission in its recommendations recommended that it be increased to $2
Mr. TIERNAN. The Procurement Commission? That is a task force or congressional commission? Mr. LENCHES. It was a commission established by Congress.
Mr. BURRESS. It has a broad base. It has congressional representation, and executive representation and public members.
Mr. TIERNAN. Mr. Brooks' committee recommended lowering, we have a conflict. What about the suggestion that it be done contract by contract ? Mr. BURRess. This is the way it was in the very early days, but it was found, I think by Congress, to be too unfair and impractical. In other words, here you have a small contractor who has two contracts in his shop. On one he made money, and on one he lost. We come in and take some of the money away from him that he made on the one contract. He would argue:
"I was just about to break even on the total business. Now you take some of my money away and put me in a loss situation."
Jr. TIERNAN. Except what has been suggested today, that if you have a large corporation with subsidiaries, they can certainly underbid a small contractor. That is the balance in the scales; is that correct?
Mr. Burress. It is one of the considerations, I think there you are talking about something more than just renegotiation on a contractby-contract basis. You are talking about the large contractors' right not to be renegotiated on a subsidiary-by- subsidiary basis. Mr. TIERNAN. Thank you. No further questions.
SALARIES AND EXPENSES Mr. BOLAND. We will turn to the justifications and put the summary tables, pages 1 through 16, and all the organizational charts in the record. The material follows:]
SALARIES AND EXPENSES
For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, 154,900,000 $4,690,000 (Act of March 23, 1951, Public Law 82-9, as amended; Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1973.)
Appropriation 1973 $4,900,000
Estimate 1974 $4,690,000
JUSTIFICATION FOR APPROPRIATION
The Board's estimated cost for fiscal year 1974 is $4,690,000 as compared with $4,900,000 for fiscal year 1973. The funds requested will provide for an average employment of 220.5 in fiscal year 1974 as compared with 224.5 in fiscal year 1973.
Our estimates of the Board's workload in fiscal years 1973 and 1974 are based primarily on the volume of prime contract awards by procurement agencies in fiscal years 1971, 1972, and 1973, especially those by the Department of Defense and the National Aeronautics and Space Administration, It is expected that such awards will generate 4,875 filings by contractors in each of fiscal years 1973 and 1974, of which 450 will be assigned in each of those years to the Regional Boards for processing. The nature of cases assigned to Regional Boards in recent years changed considerably, resulting in an increase in the percentage of excessive profits cases, and consequently an increase in the processing time.
It is estimated that the declining backlog in the Regional Boards will reduce their completions from 650 in fiscal year 1973 to 500 in fiscal year 1974. The backlog of uncompleted assignments will drop from approximately 125 at the end of fiscal year 1973 to 675 at the end of fiscal year 1974, as compared with 925 on June 30, 1972.
The continuation of Regional Board determinations of excessive profits at a high level during fiscal year 1973 will result in a large number of cases that will be reassigned for final determination by the Statutory Board. A substantial number of these will not be completed during fiscal year 1973. It is estimated that 211 of such cases will be reassigned in fiscal year 1973 and 155 in fiscal year 1974. These cases require detailed and extensive study and analysis by the Headquarters staff and the preparation of technical reports to the Statutory Board and to contractors.
PURPOSE OF APPROPRIATION
The general purpose of the appropriation "Salaries and Expenses, Renegotiation Board" is to provide funds for salaries and all other expenses of the Renegotiation Board, created by the Renegotiation Act of 1951 (Public Law 9, 82nd Congress, approved March 23, 1951, and as amended September 1, 1954, August 3, 1955, August 1, 1956, September 6, 1958, July 13, 1959, July 3, 1962, June 30, 1964, June 30, 1966, October 24, 1968, and July 1, 1971.)
Purpose and Scope. The Renegotiation Board has authority under the Renegotiation Act of 1951, as amended, to determine and eliminate excessive profits realized by contractors and subcontractors in the defense and space programs.
Renegotiation is conducted not with respect to individual contracts, but with respect to the receipts or accruals of a contractor under all renegotiable contracts and subcontracts in a fiscal year of the contractor.
Not all Government contracts are within the scope of the Act. The Act relates only to prime contracts with the Departments of Defense, the Army, the Navy, and the Air Force, the Maritime Administration, the Federal Maritime Commission, the General Services Administration, the National Aeronautics and Space Administration, the Atomic Energy Commission, and the Federal Aviation Administration; and to related subcontracts, including purchase orders. Moreover, certain types of contracts with these agencies and certain types of subcontracts are exempt, in whole or in part, from renegotiation.
The Act provides that a report must be filed with the Board by every contractor or subcontractor having receipts or accruals in a fiscal year which exceed $1 million ($25,000 in the case of brokers and manufacturers' agents) from contracts or subcontracts subject to the Act. Contractors or subcontractors with renegotiable receipts or accruals amounting to less than the above minimum need not file a report but may, if they choose, file a Statement of Non-Applicability.
Organiza tion and Operation. Operations are conducted at the Headquarters Office and two Regional Boards. The Eastern Regional Renegotiation Board serves the eastern part of the United States and the Western Regional Renegotiation Board serves the western part.
For a contractor whose renegotiable receipts or accruals in a fiscal year exceed the applicable minimum, the renegotiation process begins with the filing of a Standard Form of Contractor's Report. To comp ile the report, a contractor must segregate his renegotiable from his non-renegotiable business and must also determine the costs and expenses allocable to each such segment. Generally, all amounts deductible for Federal income tax purposes are allowable as costs in renegotiation to the extent allocable to renegotiable business.
All reports of contractors are examined at the Headquarters Office. Those reports showing renegotiable receipts or accruals below the "floor" (Statements of Non-Applicability) are reviewed for acceptability. Where filings are above the "floor," and the profits are obv i ously non-excessive, the Headquarters Office issues a clearance notice to the contractor. All other above the "floor" cases are assigned to a Regional Board for renegotiation, usually on a geographical basis.
Authority has been delegated to the Regional Boards to complete those cases in which renegotiable profits before income taxes are $800,000 or less (Class B). in any such case, if a clearance is issued or a refund agreement is entered into with the contractor, the action of the Regional Board is final; if agreement is not reached with the contractor, the case is reassigned to the Headquarters Office. The Regional Boards also process cases of greater magnitude (Class A). In such cases their authority is limited to recommending determinations to be made by the Statutory Board. These cases are also reassigned to the Statutory Board for further proceedings and completion.
Renegotiation proceedings are relatively informal and non-adversary in nature. The Act provides that the Board shall endeavor to reach an agreement with a contractor on the amount of excessive profits, if any, and that the Board shall issue an order determining excessive profits only if an agreement is not made.
92-005 O - 73 - pt. 1 - 3