4:39 PM 19 Jun 1998
---------------------- Forwarded by Melissa N. Benton/OMB/EOP on 06/19198 04:37 PM --------------------------- Total Pages: ____ LRM ID: MNB190 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET Washington, D.C. 20503-0001 Friday, June 19, 1998 LEGISLATIVE REFERRAL MEMORANDUM TO: Legislative Liaison Officer - See Distribution below FROM: Janet R. Forsgren/OMB/EOP (for) Assistant Director for Legislative Reference OMB CONTACT: Melissa N. Benton PHONE: (202) 395-7887 FAX: (202) 395-6148 SUBJECT: Amendment(s} on S1023 Treasury, Postal Service, and General Government Appropriations, FY 1998 DEADLINE: Noon Monday, June 22, 1998 In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject before advising on its relationship to the program of the President. Please advise us if this item will affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of the Omnibus Budget Reconciliation Act of 1990. COMMENTS: The Administration intends to try to have this bill language incorporated into the Chairman's mark of S. 1023 on Tuesday, June 23d. THE DEADLINE IS FIRM. DISTRIBUTION LIST AGENCIES: 128-US Trade Representative - Fred Montgomery - (202) 395-3475 62-LABOR - Robert A. Shapiro - (202) 219-8201 61-JUSTICE - L. Anthony Sutin - (202) 514-2141 51-General Services Administration - William R. Ratchford - (202) 501-0563 114-STATE - Paul Rademacher - (202) 647-4463 29-DEFENSE - Samuel T. Brick Jr. - (703) 697-1305 118-TREASURY - Richard S. Carro - (202) 622-0650 EOP: Barbara Chow Barry White Larry R. Matlack Debra J. Bond Mathew C. Blum Steven L. Schooner Elena Kagan Sarah Rosen Michael Cassidy Robert E. Barker Charles E. Kieffer Karen Tramontano Alan B. Rhinesmith Michael F. Crowley Kimberly A. Maluski Philip A. DuSault Rodney G. Bent Ronald L. Silberman John F. Morrall III Daniel J. Chenok Mary Jo Siclari David J. Haun Heather A. Johnston Robert G. Damus William P. Marshall James J. Jukes Annette E. Rooney LRM ID: MNB190 SUBJECT: Amendment(s) on S1023 Treasury, Postal Service, and General Government Appropriations, FY 1998 RESPONSE TO LEGISLATIVE REFERRAL MEMORANDUM If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond bye-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the branch-wide line shown below (NOT the analyst'S line) to leave a message with.a legislative assistant. You may also respond by: (1) calling the analyst/attorney's direct line (you will be connected to voice mail if the analyst does not answer); or (2) sending us a memo or letter Please include the LRM number shown above, and the subject shown below. TO: Melissa N. Benton Phone: 395-7887 Fax: 395-6148 Office of Management and Budget Branch-Wide Line (to reach legislative assistant): 395-7362 FROM: (Date) (Name) (Agency) (Telephone) The following is the response of our agency to your request for views on the above-captioned subject: Concur No Objection ______ No Comment See proposed edits on pages Other: FAX RETURN of _____ pages, attached to this response sheet DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT June 19, 1998 (12:02pm) Sec. pilot to Prohibit the Acquisition of Products Produced by Forced or Indentured Child Labor. (a) In General. --Pursuant to this section, executive agencies shall conduct a pilot program to prohibit the procurement of certain products mined, produced, or manufactured by forced or indentured child labor. (b) Scope of the pilot Program. --(1) Within 120 days after the enactment of this Act, the Department of Labor, in consultation with the Department of Treasury and the Department of State, shall publish in the Federal Register a notice that identifies certain products that may have b een mined, produced, or manufactured by forced or indentured child labor. (2) For the period specified in subsection (g), an executive agency shall not acquire a product that has been identified pursuant to subsection (b) (1) unless the contractor offering the product certifies to the executive agency that forced or indentured child labor was not used in its production. (A) Each contract for the supply of an article, material, or item of supply subject to subsection (b) (1) that is entered into by an executive agency shall contain a clause requiring the contractor to certify that: (i) a responsible official, after having made an inquiry, is unaware that forced or indentured child labor was used to mine, produce, or manufacture the article, material, or item of supply; and, (ii) the contractor will cooperate fully with all requests for access to records, documents, persons, or premises made by any agency or official of the United States to determine whether forced or indentured child labor was used. (3) This section shall apply to acquisitions for an amount in excess of the micro-purchase threshold (as that term is defined in section 32(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(f. This includes acquisitions for commercial items, notwithstanding section 34 of the Office of Federal Procurement Act (41 U.S.C. 430). (c) Investigation and Penalties. --(1) An executive agency that has reason to believe that a false certification may have been submitted to the agency pursuant to subsection (b) (2) shall refer the matter to the agencyD,s Inspector General, in conjunction with the Department of Justice and Department of Treasury as appropriate, for investigation. (2) The use of forced or indentured child labor, or the failure to comply with the clause required by subsection (b) (2), maybe grounds for termination of a contract by the head of the executive agency in its sole discretion. (d) Debarment. -- (1) The head of an executive agency shall consider debarment in the manner prescribed in the Federal Acquisition Regulation in instances where the contractor has used forced or indentured child labor in providing products to the executive agency. (2) The Administrator of General Services shall include, as part of its List of Parties Excluded from Federal Procurement and Nonprocurement Programs (as described in the Federal Acquisition Regulation) a list of all parties debarred, suspended, proposed for debarment, or declared ineligible by agencies or by the General Accounting Office for using forced or indentured child labor under a contract with an executive agency. (e) Report. --Within 90 days after termination of the pilot, the Administrator of General Services, with the assistance of other executive agencies, shall submit to Congress a report on the actions taken pursuant to this pilot. (f) Amendments to the Federal Acquisition Regulation. --(1) The Federal Acquisition Regulation shall be revised to implement this section not later than 180 days after the date of enactment of this Act. (2) The Federal Acquisition Regulation shall be further amended within 180 days after the date of the enactment of this Act to identify in its lists of causes for debarment from contracting with executive agencies the use of forced or indentured child labor. (3) Amendments made pursuant to paragraph (2) shall remain effective not withstanding the termination of the pilot authorized by this section. (g) Effective Date. --(1) The requirements of this section shall take effect on the date 'described in paragraph (2) and shall apply to any solicitation that is issued, any unsolicited proposal that is received, and any contr~ct entered into pursuant to such a solicitation or proposal on or after this date. (2) The date referred to in paragraph (1) is the date that is 30 days after the day revisions to the Federal Acquisition Regulation are published in the Federal Register pursuant to subsection (f) (1) . (3) The requirements of this section shall terminate two years after the date specified in paragraph (2). (h) Exception. --This section shall not apply to the acquisition of any article, material, or item of supply of any foreign country or instrumentality designated under section 301(b) (1) of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511(b)). RECORD. TYPE: PRESIDENTIAL (NOTES MAIL) CREATOR: Michael Waldman ( CN=Michael Waldman/OU=WHO/O=EOP [ WHO 1 CREATION DATE/TIME: 19-JUN-1998 09:21:52.00 SUBJECT: TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD 1 ) READ: UNKNOWN TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 ) READ: UNKNOWN ---------------------- Forwarded by Michael Waldman/WHO/EOP on 06/19/98 09:20 AM --------------------------- Michael Waldman 06/19/98 09:14:20 AM Record Type: Record To: Kevin S. Moran/WHO/EOP, Michelle Crisci/WHO/EOP cc: Subject: 6/19/989:30am PRESIDENT WILLIAM J. CLINTON TALKING POINTS ON TOBACCO CABINET ROOM July 19, 1998 I am about to meet with my economic team to discuss the ways we can .keep our economy growing steady and strong. Today, AmericaD,s economy is the strongest in a generation, and is the driving force behind world economic growth. We will be discussing ways to continue this growth: promoting international economic stability, by supporting the IMF and economic reform in Asia D(maintaining our fiscal discipline by setting aside the surplus until we save Social Security first D( investing in our people through education and training. We cannot afford to risk our prosperity through gimmicks such as repealing the tax code w~th nothing in its place. We must seize the opportunity of this moment to build for our long-term prosperity. I want to briefly comment on another obligation we face at this moment of national progress: the duty to protect our children from tdbacco. This remains a rare moment for progress in a comprehensive effort to change the way the tobacco industry works. After decades of deception by the tobacco industry, there is now. undeniable evidence that they have targeted children. We have a chance to save one million lives a year. For six months, we worked hard and in good faith to meet all. legitimate objections to this legislation, and to join together the priorities of both parties. Let me be clear: every Senator who voted to kill the tobacco bill voted against a tax cut for middle income families; against new measures to crack down on drugs; against life-saving research into cancer and other diseases. Every Senator who voted to kill the tobacco bill voted not to save one million American lives. It was a vote against our children and for the tobacco lobby. And that vote will be very difficult to explain to the American people. Now, some have suggested that the Congress will follow the tobacco lobbyO,s lead and seek to send to me an ineffective O&narrow08 bill that does not effectively address youth smoking. We know what is needed to fight youth smoking: a comprehensive approach. A O&narrow08 bill reflects narrow interests--.not the national interest and the health of our children.