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Cabinet Affairs (Transition)
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Cabinet Affairs (Transition)
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Records of the White House Office of the Chief of Staff to the President (George H. W. Bush Administration)
John Sununu White House Office Files
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Originally Processed With FOIA(s):
FOIA Number:
1998-0004-F[1]
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
White House Offices Files
OA/ID Number:
29176
Folder ID Number:
29176-001
Folder Title:
Cabinet Affairs (Transition)
Stack:
Row:
Section:
Shelf:
Position:
G
15
25
4
7
Withdrawal/Redaction Sheet
(George Bush Library)
Doc. No. / Type
Subject/Title
Date
Restriction
Classification
01. Memo
From David Q. Bates to President Elect
1/12/89
Re: Policy Councils (3 pp.)
02. Letter with
From James C. Fletcher to Chase Untermeyer
11/17/88
P-2,P-5, (b)(6)
Attachments
Re: Appointment of NASA Administrator [FOIA
RESTRICTIONS REDACTED] (15 pp.)
03. Letter
From James C. Fletcher to Chase Untermeyer
12/12/88
(b)(6)
Re: Appointment of NASA Administrator (2 pp.)
04. Letter
From James C. Fletcher to Governor Sununu
12/9/88
P 2, P-5
Re: Appointment of NASA Administrator (1 pp.)
05. Memo
From David Bates to Governor Sununu
12/28/88
(b)(6)
Re: Executive Secretary Position at EPC (5 pp.)
06a. Paper
DOE Facilities Problems and Political Solutions (8 pp.)
n.d.
(b)(1)
06b. Paper
Candidate for Secretary of Energy (6 pp.)
n.d.
(b)(1)
07a. Memo
From David Demarest to Bob Teeter
11/30/88
Re: Suggested announcements (1 pp.)
07b. Memo
From David Demarest to Bob Teeter
11/30/88
P-2,P-5
Re: Announcement of Drug Czar w/Related Event (2 pp.)
Page 1 of 2
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices Files
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Pinksheet Number:
KO0508
OA/ID Number:
29176-001
Date Closed:
11/29/2004
FOIA/Sys Case #:
1998-0004-F[1]
Re-review Case #:
2005-0426-S
P-2/P-5 Review Case #:
Withdrawal/Redaction Sheet
(George Bush Library)
Doc. No. / Type
Subject/Title
Date
Restriction
Classification
07c. Memo
From David Demarest to Bob Teeter
11/30/88
RM
Re: Proposal for Announcing the New Secretary of Energy
[Open Upon Deed of Gift - March 16, 2015] (2 pp.)
08. Memo
From Janet Mullins to V/POTUS
11/30/88
P5
Re: Mitchell Breakfast (1 pp.)
09. Memo
From John Schmitz to C. Boyden Gray
10/10/88
P2,P5
Re: Constitutional Scope of Senate's Advice and Consent Power
and the Renomination of PAS Incumbents in the Executive
Branch (3 pp.)
Page 2 of 2
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices Files
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Pinksheet Number:
KO0508
OA/ID Number:
29176-001
Date Closed:
11/29/2004
FOIA/Sys Case #:
1998-0004-F[1]
Re-review Case #:
2005-0426-S
P-2/P-5 Review Case #:
file
OFFICE OF THE VICE PRESIDENT
WASHINGTON
January 18, 1989
MEMORANDUM FOR SECRETARY-DESIGNATE BAKER
DIRECTOR-DESIGNATE DARMAN
GOVERNOR SUNUNU
FROM;
DAVID Q. BATES
152/2
Listed below is the agenda for the Cabinet Meeting on
Monday, January 23, 1989, at 2:15 p.m. in the Cabinet Room.
President Bush will run the meeting and will introduce each of
your presentations.
I. Overview of First 90 Days -- Governor Sununu
(15 minutes)
II. Foreign Policy Overview -- Secretary-designate
Baker
(15 minutes)
III. Budget Update
-- Director-designate
Darman
(15 minutes)
We anticipate your presentation lasting approximately 10
minutes, leaving approximately 5 minutes for questions or
comments. A formal picture of the Cabinet will follow
Director-designate Darman's presentation.
Please call me should you have any questions or comments.
Thanks.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. Memo
From David Q. Bates to President Elect
1/12/89
P-5
Re Policy Councils (3 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices File
Open on Expiration of PRA
WHORM Cat.:
(Document Follows)
File Location:
Cabinet Affairs (Transition)
By IP (NLGB) on 12/12/07
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
pt.
January 12, 1989
MEMORANDUM FOR THE PRESIDENT-ELECT
THROUGH:
FROM:
GOVERNOR DAVID Q. BATES SUNUNU of
SUBJECT:
Policy Councils
Based on a review of the current policy council structure and
conversations with members of the Cabinet, we recommend that you
maintain the same basic structure for decision-making in the
Cabinet.
All things considered, the EPC and DPC structure during the
second term of the Reagan-Bush Administration has worked well.
In general, the councils analyzed issues carefully and presented
the President with a range of options. Moreover, with just two
councils covering economic and domestic issues, there has been
little of the duplication of activities and turf-fighting that
characterized the seven cabinet councils during the first term.
The membership of each council is appropriate as well, in our
opinion. Some incoming cabinet members in one council expressed
an interest in sitting on the other council. For example,
Secretary-designate Kemp expressed an interest in being a member
of the EPC.
We believe that it would be better to maintain the current
membership in each council, but provide flexibility to the system
by allowing cabinet members to attend and participate in meetings
of a council of which they are not a member. For example,
Secretary-designate Derwinski's experience in Congress might help
the EPC address some economic legislation, while Secretary-
designate Dole should be able to contribute to the DPC
consideration of the child care issue.
The recommended membership would be as follows:
EPC
DPC
Treasury
Justice
State
Interior
Agriculture
HHS
ghs Talhed to Butes
Commerce
HUD
Labor
Energy
CEA # member
Transportation
Education
OMB
Veterans Affairs
but will attend
USTR
OMB
CEA
CEA
EPA
-2-
Although the original presidential statement establishing the
councils did not name CEA as a member of the DPC, CEA has
regularly attended the DPC. In addition, CEA became a regular
member in practice during the last year of the Administration.
Moreover, many of the issues considered by the DPC like
environment and health care will require sound analysis of costs
and benefits. CEA is uniquely qualified to conduct such
analysis. We recommend that CEA be a formal member of the DPC as
well as the EPC.
EPA was also not originally a member of the DPC. However, the
DPC subsequently added EPA to the Council because it devoted so
much time to environmental issues. Because of the importance of
environmental issues and the critical role played by EPA in this
area, we believe that EPA should remain a member of the DPC even
though it is not a cabinet department.
We recommend that the Vice President and Chief of Staff continue
to be ex officio members of both the EPC and DPC.
You would chair both the EPC and DPC, as well as the NSC. But in
your absence, there should be a chairman pro tempore for the EPC
and DPC. When the DPC was originally established, the President
named Attorney General Meese as chairman pro tempore. When Meese
left the Administration last summer, Secretary Hodel became
chairman pro tempore. Based on protocol and policy, Governor
Sununu and I recommend that General Thornburgh be named as
chairman pro tempore of the DPC. I have attached suggested
talking points for a phone call to General Thornburgh should you
decide to name him as chairman pro tempore.
Brady
Recommended actions
Yes No
Maintain current department membership of EPC and
DPC.
Name CEA as a member of both the EPC and DPC.
Maintain EPA as a member of the DPC.
Maintain the Vice President and Chief of Staff as
ex officio members of EPC and DPC.
Name General Thornburgh as DPC chairman pro tem.
CC: Roger Porter
C. Boyden Gray
SUGGESTED TALKING POINTS FOR CALL TO GENERAL THORNBURGH
-- I've decided to maintain the same basic structure of the
Economic Policy Council and Domestic Policy Council.
-- I want these councils to serve as the primary channels for
advising me on economic and domestic policy.
-- I'm asking Secretary Brady to serve as chairman pro tem of
the EPC and I would like you to serve as chairman pro tem of
the DPC.
-- There are going to be some very important issues I hope the
DPC will be able to advise me on, including environment,
health care, and education.
-- I look forward to working with you on these and other
important issues.
OFFICE OF THE VICE PRESIDENT
WASHINGTON, DC
1/10/89
File
And
TO:
DAVE DEMAREST
FROM: DAVID JOE HAGIN Q. BATES pr/2 Rz
I made a courtesy visit on Ed
Derwinski today, and he told me
that he would like to continue to
do outreach to various interest
groups (other than Veterans) -
especially when he is travelling.
He said this is something the VP
mentioned to him when they first
discussed his taking the job as
Secretary. Ed did do a great job
for us during the campaign in working
with our ethnic coalitions.
CC: Governor Sununu
Andy Card
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02. Letter with
From James C. Fletcher to Chase Untermeyer
11/17/88
P P-5, (b)(6)
Attachments
Re Appointment of NASA Administrator [FOIA
RESTRICTIONS REDACTED] (15 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
White House Offices File
By (NLGB) on 12/12/07
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
NASA
National Aeronautics and
Space Administration
Washington, D.C.
20546
Office of the Administrator
November 17, 1988
Honorable Chase Untermeyer
Director of Personnel
Office of the President-Elect
1825 Connecticut Avenue, N.W.
Washington, DC 20270
Dear Mr. Untermeyer:
In your consideration of candidates to succeed me as NASA
Administrator, I urge you to find a leader who is already
experienced in the management of the agency, who already has the
respect of the Congress, and is a proven team player with the new
Administration.
NASA is just now recovering from the 1986 accident with a
careful schedule of operational shuttle flights. NASA's austere
budget can be managed to support balanced program progress
highlighted by development of Space Station Freedom, the
international commitment to a permanent manned presence in space.
NASA as an organization, while under some stress, is functioning
loyally and well; however, I am very concerned that we will lose a
significant number of key senior people if a new leader is not
named soon.
Given the really critical importance of this matter to the
future of the entire civil space program, I am presuming to make
some suggestions as to people I believe would make the agency a
centerpiece success in the administration of President Bush. I
have added some personal notes as well.
Sincerely,
James James Administrator C. b Fletcher Reldr
Enclosure
CC: Vice President-Elect Dan Quayle
Civilians
(in order of preference)
(b)(6)
#1.
2.
#3.
#4.
Retired Military
(in order of preference)
Although the legislation is not always clear, the intent of most of it would
indicate a negative feeling about a retired military General Officer serving
as NASA Administrator. The Senate could easily waive this, according to
NASA's General Counsel, but there is some risk of a Senator raising a point
of order in this regard. With this in mind, I have separated out these
candidates into a different category.
#1.
(b)(e)
(b)(6)
2
#2.
#3.
(b)(e)
(b)(e)
(b)(6)
NASA
National Aeronautics and
Space Administration
Washington, D.C.
20546
(b)(6)
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
03. Letter
From James C. Fletcher to Chase Untermeyer
12/12/88
(b)(6)
Re Appointment of NASA Administrator (2 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices File
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
04. Letter
From James C. Fletcher to Governor Sununu
12/9/88
P/2,
Re Appointment of NASA Administrator (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Open on Expiration of PRA
(Document Follows)
Subseries:
White House Offices File
WHORM Cat.:
By H (NLGB) on 12/12/07
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
NASA
6:30-
National Aeronautics and
SENSITIVE
Space Administration
Washington, D.C.
Fullu- the V.P.
8 DEC RECD
Office 20546 of the Administrator does want net
347-0004
December 9, 1988
the up
Honorable John H. Sununu
c/o Presidential Transition Office
1825 Connecticut Avenue, N.W.
Washington, DC 20270
Dear Governor Sununu:
I feel it is extremely important to the future of the entire civil
space program to find the proper leader to take my place as soon as feasible.
We are in an unusually difficult period at NASA from several aspects:
1. Even though we have had two very successful flights of the Space
Shuttle, we have a long way to go to fully recover from the Challenger
accident.
2. This change in Administration comes at a time when both the
Administrator and his Deputy plan to leave as soon as possible. In past
transitions normally the Deputy, at least, has agreed to stay on for a time.
3. Although NASA is functioning very well as an organization with highly
competent people in charge, many will want to leave when I do. This could be
devastating to the Agency unless the new Administrator is announced soon and
the key members of the team are encouraged to stay, thereby indicating the
priority the Bush Administration attaches to the civil space program.
I realize the President-Elect has a very busy schedule and Cabinet
Secretaries must be highest on his list of priorities, but I think my replace-
ment should have high priority as well. With this in mind, at the earliest
opportunity, I'd like to meet with him for 30 minutes to discuss the situation
at NASA. The President-Elect knows me well and I'm sure would want to see me
as soon as he has the time. Please let me know when this might be done.
Sincerely,
Janu Administrator James C. Fletcher
SENSITIVE
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
OFFICE OF GOVERNOR JOHN SUNUNU
DATE:
1-9-89
REPLY/ACTION DUE:
FROM:
Ed Rogers
SUBJECT: Attached Farren memo re: status of Reagan cabinet appointees
ACTION FYI
ACTION FYI
David Bates
GOVERNOR SUNUNU
X
ANDY CARD
LINDA CASEY
JACKIE KENNEDY
TRACY LEE
ED ROGERS
COMMENTS:
FAX NUMBERS: New Hampshire (603) 271-2130
Washington (202) 745-7360
RETURN TO:
1825 Connecticut Ave, N.W.
Washington, D.C. 20270
(202) 673-2300
January 6, 1989
MEMORANDUM FOR JOHN TUCK
FROM:
MIKE FARREN Just
SUBJECT:
Attached Memorandum
We would like the attached memorandum to be sent out as soon as
possible. We would also request that a list of those cabinet
offices/agencies that receive the material be forwarded to the
Transition Office for our files.
Thank you for your cooperation.
bcc: Governor Sununu
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
January 6, 1989
MEMORANDUM FOR ALL CABINET AND AGENCY HEADS
FROM:
CRAIG L. FULLER Xmi
ROBERT M. TEETER
SUBJECT:
Post Inauguration status of Reagan appointees,
non-career SES and Schedule C appointees
Since all incumbent political appointees have been asked to
submit resignations to appointing officials, guidance to those
incumbents on their status upon President-elect Bush's
inauguration is timely. The following guidance is being offered
after consultation with President-elect Bush.
All incumbents are free to remain at their posts until their
successors arrive for duty. Incumbents wishing to leave
immediately or prior to the appointment of a successor are free
to do so.
A policy allowing incumbents to remain at their posts,
following President-elect Bush's inauguration, until successors
are appointed, assures continuity of leadership and an effective
transition of authority to Bush Administration appointees. This
policy will in no way impede the flexibility of newly appointed
agency heads, upon confirmation, to accept the resignations of
subordinate incumbents immediately.
This guidance applies to all Presidential appointees, non-
career SES and Schedule C appointees. Please convey this
guidance to appointees in your agency immediately.
Thank you for your cooperation.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
05. Memo
From David Bates to Governor Sununu
12/28/88
(b)(6)
Re Executive Secretary Position at EPC (5 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices File
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
28 December 1988
To: Craig Fuller & Bob Teeter
Here is the proposed memo to incumbents appointees which can
go out in your names:
draft
draft
draft
draft
MEMORANDUM TO ALL CABINET AND AGENCY HEADS
President-elect Bush has asked us to say on his behalf that
he desires all appointees of the Reagan Administration to remain
at their posts after his inauguration until such time as their
successors arrive. Anyone who for personal reasons wishes to
depart earlier than this may of course do so.
In this way, there will be continuity of the principles and
leadership of the Reagan Administration and a smoother transition
to the Bush Administration.
This same policy should apply to all non-career SES and
Schedule C appointees who serve with you.
Thank you for your cooperation and loyal service.
Craig L. Fuller
Robert Teeter
Co-Directors, 1988-89 Transition
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
draft
draft
draft
And here is the cable along the lines the VP wants sent to
all ambassadors (Untermeyer's proposed draft) :
President-elect Bush has indicated he wishes all chiefs
of mission to remain at their posts until such time as their
successors are appointed. Anyone who for personal reaons desires
to leave prior to this time may of course do so. In this manner,
there will be continuity of the policies of the Reagan-Bush
Administration abroad as well as at home. The President-elect is
grateful for the loyal service given by all ambassadors in this
period. SHULTZ.
draft
draft
draft
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
06a. Paper
DOE Facilities Problems and Political Solutions (8 pp.)
n.d.
(b)(1)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices File
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
06b. Paper
Candidate for Secretary of Energy (4 pp.)
n.d.
(b)(1)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Subseries:
White House Offices Files
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F[1]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
ATTACHMENT A - RECENT ENVIRONMENTAL RECORD IN CONGRESS
A.
98th Congress (1983-84) :
1. Voted for the Water Quality Renewal Act (strengthened
Clean Water Act).
2.
Voted for the Superfund Expansion and Protection Act.
3. Was co-author in Ways and Means Committee of compromise
tax title of Superfund Expansion and Protection Act to
add additional $1.2 billion in funding to cleanup of
hazardous waste sites.
4. Voted for increased funding of EPA (HUD and Independent
Agencies Appropriations bill).
5.
Voted for additional 2.4 million acres of new national
forest land (Oregon Wilderness Act, White Mountain
National Forest [N.H.], White Rock National Recreation
Area [Vt.], North Carolina Wilderness Act and Califor-
nia Wilderness Act).
6. Wrote to Administrator of EPA protesting announced
slowdown of Superfund cleanup program.
7. Voted to add the Tuolumne River (Calif.) as a Wild and
Scenic River.
8. Voted for the Clean Water Act Revision which doubled
the authorization for sewage treatment plant construc-
tion grants.
B. 99th Congress (1985-86) :
1.
Voted for Superfund reauthorization.
2.
Wrote to Secretary of Commerce urging limits be imple-
mented on size and number of redfish taken in Gulf of
Mexico.
3. Voted for Safe Drinking Water Act.
4.
Co-authored Superfund broad-based tax structure
approved in Ways and Means Committee but later stricken
on House floor which based tax more closely on enviro-
nmental damage done by responsible parties.
5.
Voted for Clean Water Act reauthorization.
6.
Opposed dumping of gypsum tailings containing low level
radioactive waste in Mississippi River.
7. Brought Secretary of the Interior Don Hodel to Louis-
iana to tour coastal erosion problems.
8. Voted to continue the Anadromous Fish Conservation Act.
- 2 -
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
7
OFFICE OF GOVERNOR JOHN SUNUNU
DATE:
12-2
REPLY/ACTION DUE:
FROM:
Ed Rogers
SUBJECT: Cabinet announcements
ACTION FYI
ACTION FYI
GOVERNOR SUNUNU
ANDY CARD
LINDA CASEY
JACKIE KENNEDY
TRACY LEE
ED ROGERS
In W.H.
COMMENTS:
:
Structure
FAX NUMBERS: New Hampshire (603) 271-2130
Washington
(202) 745-7360
RETURN TO:
1825 Connecticut Ave, N.W.
Washington, D.C. 20270
(202) 673-2300
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
07a. Memo
From David Demarest to Bob Teeter
11/30/88
P-2, PS
Re Suggested announcements (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Open on Expiration of PRA
Office:
Chief of Staff to the President, Office of the
(Document Follows)
Series:
Sununu, John, Files
By IP (NLGB) on 12/12/07
Subseries:
White House Offices File
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Routing slip
f
Govt and 742
November 30, 1988
MEMORANDUM TO: BOB TEETER
10EC
CRAIG FULLER
FROM: DAVID DEMAREST $M
RE: SUGGESTED ANNOUNCMENTS
I have asked my staff for one-page memos suggesting creative
ways for the President-elect to announce his Cabinet nominees.
By choosing the location, backdrop and timing of the announcement
event, we can enhance its news value. The "message" associated
with that particular policy area is given more mileage as well.
Attached are the first couple of idea memos that have been
done by the staff. As we complete more, I will forward them to
you for consideration.
The Vice President should be made aware of the benefits of
choosing strategic locations and backdrops for his announcements.
Announcing his choices from the briefing room is fine, but the
potential exists for sending a more positive message on the
issues.
Thanks very much.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
07b. Memo
From David Demarest to Bob Teeter
11/30/88
P/2, P/S
Re Announcement of Drug Czar w/Related Event (2 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
White House Offices File
By &p (NLGB) on 12/12/07
WHORM Cat.:
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
November 30, 1988
MEMORANDUM FOR CRAIG FULLER
ROBERT TEETER
FROM:
DAVE DEMAREST
44
SUBJECT:
ANNOUNCEMENT OF DRUG CZAR WITH RELATED EVENT
Although all of the Cabiret-level announcements up until now have
been made at the Old Executive Office Building, it might be
beneficial to highlight a few of the remaining announcements
by holding them in an alternate location in conjunction with a
related event in order to reinforce the themes of the
announcement.
The announcement of the Administration's drug czar carries the
potential for the Vice President to send powerful signals
regarding the type of anti-drug policy he intends to pursue. By
highlighting this announcement as much as possible, we can signal
that the Bush Administation will give the fight against illegal
narcotics its highest priority.
The South Florida area is probably the region of the country
most readily identified with the influx of illegal narcotics,
which makes this area the logical place for the drug czar
announcement. There are several different symbolic approaches
that the Vice President could take, however, the region's
reputation as a port for drug smugglers seems to make
interdiction the logical theme to follow.
The Vice President participated in a Customs coastline patrol in
Miami in 1985, an event which received extremely positive
coverage and which he apparently enjoyed as well. The Customs
Service requested his participation for such an event during the
campaign, and would be eager to put something together for us
now.
The announcement itself could be made as part of an address,
either to local narcotics law enforcement officers or to an
education or rehabilitation clinic. The Metro Dade County Police
have suffered the killings of several officers in recent weeks,
and a memorial service might be appropriate. Also, the Village
South Rehabilitation Center, recognized as the finest in the
state, is located only a couple of miles from the Customs harbor.
Either location would be appropriate for the announcement.
Even if another format is determined to be preferable for the
actual announcement of a drug czar, a trip of this nature would
have excellent public relations and political benefits. In either
case, it would be appropriate. for the Vice President to be
accompanied by his nominee for the position. This would also be
an appropriate trip for Vice President-elect Quayle to accompany
him on as well. Even though the bill passed by Congress would
prevent Quayle from assuming the office of drug czar, this would
signal Bush's intentions of keeping his Vice President at the
forefront of the war on drugs.
This event could occur at any time during the transition period,
although an optimum time would be in either the week preceding or
following New Year's. This would allow us to tie in the New
Year/new challenges themes, or give the Vice President a chance
to make New Year's "resolutions" toward winning the war on drugs.
This timing would also give this announcement the advantage of
being the Vice President's final major appointment, helping to
signify the importance of this office.
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
MEMORANDUM TO: BOB TEETER & CRAIG FULLER
FROM: DAVID DEMAREST
BILL MCNUTI
DATE: NOVEMBER 30, 1988
SUBJECT: PROPOSAL FOR ANNOUNCING THE NEW
SECRETARY OF ENERGY
PROPOSAL
By traveling to North Texas to the sight of the Super Collider to announce his choice for
Secretary of Energy the President-elect can accomplish a number of objectives. The
super collider has captured the imagination of the country. It represents the future, clean
technology that can be harnessed to benefit economic growth, maintain our leadership in
technology, and increase our ability to compete Internationally.
POLITICAL ADVANTAGES
The Dallas / Ft.. Worth area was a key to carrying the Lone Star State and there are some
hard feelings because the Vice President was not in the North Texas Metroplex between
Labor day and the election. We had the luxury of ignoring Dallas/ Ft Worth because we
were SO far ahead, but now would be a good time to make an appearance to thank the
troops.
POSSIBLE NEGATIVES & RESPONSES
The negative on this event idea would be the possibility that the media might again raise
the charge that the Collider was a political payoff for Texas. One way to over come this
impression is to make it a very bi-partisan event and paint it as it truly is, an American
project and not just a Texas project. The Super-Collider project has the strong support of
Speaker of the House Jim Wright and the Senate Finance Committee Chairman Lloyd
Bentsen. They should both be invited. This would be the first public appearance of the
President-elect and Senator Bentsen. This will communicate good will for the political
healing process that we are trying to foster now that the election is over.
MESSAGE
The super-collider has implications for:
Education,
Leadership, America's position as leader of the free world
Technology that will benefit all mankind
Defense
Industrial Competitivenesss
CONCLUSION
By announcing the Secretary of Energy at the sight, a strong statement is made that this
administration will fulfill its campaign promise to fund this vital national project. By
spinning the Energy Secretary announcement with the Super Collider we down play the
Vice Presidents ties to the Oil and Gas Industry. Politically, just the appearance of the
President elect is a pay back to a state that strongly supported the Vice President in spite
of the fact Texas's energy sector has not been healthy. The President-elect is scheduled to
go to Houston for the Christmas Holiday. This would be a strong front end to a trip that is
already scheduled.
OFFICE OF THE PRESIDENT-ELECT
WASHINGTON, D.C. 20270
OFFICE OF GOVERNOR JOHN SUNUNU
DATE: 12-2
REPLY/ACTION DUE:
FROM: Ed Rogers
SUBJECT: Cabinet Holdovers
ACTION FYI
JP ACTION FYI
GOVERNOR SUNUNU
X
ANDY CARD
X
LINDA CASEY
JACKIE KENNEDY
TRACY LEE
ED ROGERS
COMMENTS:
FAX NUMBERS: New Hampshire (603) 271-2130
Washington (202) 745-7360
RETURN TO:
1825 Connecticut Ave, N.W.
Washington, D.C. 20270
(202) 673-2300
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
08. Memo
From Janet Mullins to V/POTUS
11/30/88
P-S
Re Mitchell Breakfast (1 pp.)
Collection:
Record Group: Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Series:
Sununu, John, Files
Open on Expiration of PRA
Subseries:
White House Offices File
(Document Follows)
WHORM Cat.:
By If (NLGB) on 12/12/07
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Routing
andy you ZZD
0 1DEC RECD
MEMORANDUM TO THE VICE PRESIDENT
FROM:
Janet Mullins
RE:
Mitchell Breakfast: Your Request for Early Hearings
DATE:
November 30, 1988
At the leadership lunch today, Senator Byrd raised the issue
of reconfirmation of Cabinet holdovers.
As you know, there is no precedent for reconfirmation.
However, this is a pet issue for Sen. Byrd. In fact, he
introduced legislation to require reconfirmation in 1984. It was
never acted upon.
This is clearly Byrd's agenda, not Mitchell's. Byrd is
Majority Leader until January 3rd, and we must assume he will try
to push this agenda on the new leader.
There is concern he will ask for reconfirmation hearings in
return for early hearings for your nominees. Your position
should be:
1. There is no precedent for reconfirmation (see attached
memo for background.)
2. There is precedent for early hearings. (It was done
in 1981)
3.
Politically, you believe the Congress should be
cooperative, rather than obstructionist, in aiding
you in putting your government in place as quickly
as possible.
CC: NICHOLAS BRADY, CRAIG FULLER, GOV. JOHN SUNUNU, BOB TEETER
MEMORANDUM
TO: SENATOR DOLE
FROM: BOB DOVE
RE: WHETHER SITTING CABINET MEMBERS MUST BE RECONFIRMED
DATE: Nov. 29, 1988
This issue was considered at length in the 71st Congress when
Secretary of the Treasury Andrew Mellon continued in office under
President Herbert Hoover although he had been appointed by
President Calvin Coolidge. No reconfirmation was required in
that instance and a Senate report issued pursuant to 8. Res. 2
adopted March 5, 1929 concluded as follows: "the head of any
department of the Government may legally hold office as such
after expiration of the term of the President by whom he was
appointed." (Congressional Record 73d Congress Vol. 77 Part 1, P.
9)
Since 1789 there has never been required the reconfirmation
of any cabinet member upon the death of a President, nor at the
end of a President's term of office. Those Senators closest in
time to the writing of the Constitution required no
reconfirmation of Secretary of State Pickering who was appointed
in 1795 by President Washington and who continued under President
Adams until 1800. All of the members of President Jackson's
cabinet continued under President Van Buren without new
commissions.
TABLE SHOWING INSTANCES WHERE HEADS OF DEPARTMENTS HAVE
HELD OFFICE, WITHOUT REAPPOINTMENT, AFTER THE EXPIRATION
OF THE TERM OF THE PRESIDENT BY WHOM THEY WERE APPOINTED.
Tislila thilling white heads of dojmitmirula have Arld agen. without reap
pointment. wfter the espiration wl the from of ihr l'venid, at hi whom thry were
appointed
Washington. 1793. Secretary of State. Necretary if the Treasury. Necretary
id War. Attorney Ceneral, and Postmaster General
s
1
Adams. 1797. Negary of State or Trasury. of
War, Attorney sind Postmaster Grogral
5
Jefferson, 1801. Sectory of the Treasury. Secretary of Phr Nuor, and
General
3
defferson. 1805, Secretary of State. Secretary of the Trassury. Secretary of
War, Secretary of the Nave, Birl Postuaster General
s
Madison. 1800. Secretary of the Treasury. Secretary of the Navy, Attories.
General, and Postmaster General
4
Mailman, 1813. Necretary of Mistr. Mercials of the Treasury. Merrylary of
Har, Secretary of the Navy. Attorney Ceneral. and Postimaster General
6
Monroe, INIT. Merretary of the Navy, Attorney General. and Postnisster
General
3
Millirue, 1821. Secretary of State. Sccretary of the Trensure. Recretary of
War. Mecretary of the Navy, Attorney General. and Profinanter Contral
6
Adams. 1825. Secretary of the Nary. Attorney General. and Postmaster
General
s
Jackson. 1820. Postmaster General
1
Jackson. 1832. Secretary of State. Secretary of the Treasury. Herretary of
Mar, Secretary of the Navr. Attorney General, and Postinator General
6
Van Buren. 1837. Secretary of State. Merretary of the Trunsury. Secretary
of War. Secretary of the Nave. Attorney General, and Postinaster
General
5
Harrison. 1841
None.
Tyke. 1811. Merretary of State. Secretary of the Treasury. Mocretary of
Hur. Secretary of the Navy. Attorney General, and Portmeter General.
d
Polk. 1845
None.
Tarke. IN40
None.
Fulmore. 1850
None.
Plette. 1853
None.
Buchanan, 1437
None.
Uncoin. IX81
None.
Lineula, 1805, Secroiser or State, Herretary w Nat. Necrotary of the Navy,
Secretary of the Inturior. Attorney General, sud Postuaster General
6
Johnson. 1865. Secretary of State, Secretary or the Trensury. Secrotary of
Was, Secretary of the Nary, Secretary of the Interior. Attorney General.
and Postmaster Ceneral
7
Grant, 1809
None
Crasse, 1873
Nune.
Haves, 1877
None
Carficid, 1881
None
Arthur. 1881. Recretary of 15"ut. Secretary or the Nary, And Secretary of
the Interior
J
Cleveland, 1588
Nune
Harrimon, 1889
None
Clereland. 1803
None
McKinley, 1897
None
McXinkr. 1901
None.
Roosevell, 1001. Secretary or State, Secretary of the Treasury Secretary
of War, Secretary of the Nuvy, Secretary of the Interior, Secretary of
Agriculture, Secretary of Commerce. Secretary of Labor, and Post
master General
8
Roosevelt 1905
None.
Tall, 1909
None
Wilson, 1913
None.
Wilson, 1917. Secretary of State, Secretary of Was, Secretary of the Treas.
ups, Secretary of the Navy, Secretary of the Interior, Secretary of Agri.
oulture, Secretary of Commerce, Socretary of Labor. and Attorney
General
9
Harding, 1921
None.
Coolinke. 1923, Secretary of State, Secretary of Was, Becretary of the
Treasury, Secretary of the Navy, Secretary of the Interior, Secretary of
Agriculture. Secretary of Commerce. Secretary of Labor, Attorney
General and Postinaster General
10
Coolidge. 1935. Secretary of the Trunsury, Merciary of 11'nr. Secretary of
the Nevy, Secretary of the Interior. Secretary of Commerce, and
Secretary IN Labor
6
Houver, 1929. Secretary of the Treasury and Secretary of labor
3
Total
110
Nutz Table does not include Instances where officors held over for only a
few werks or lease
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
09. Memo
From John Schmitz to C. Boyden Gray
10/10/88
P-2,
Re Constitutional Scope of Senate's Advice and Consent
Power and the Renomination of PAS Incumbents in the
Executive Branch (3 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff to the President, Office of the
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
White House Offices File
WHORM Cat.:
By of (NLGB) on 12/12/07
File Location:
Cabinet Affairs (Transition)
Date Closed:
11/29/2004
OA/ID Number:
29176-001
FOIA/SYS Case #:
1998-0004-F-01
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
TO:
C. Boyden Gray
FROM:
John P. Schmitz
David B. Rivkin, Jr.
RE:
Constitutional Scope of the Senate's Advice and Consent
Power and the Renomination of PAS Incumbents in the
Executive Branch
DATE:
10 October 1988
Per your request, we reviewed the issue of whether the
renomination and reconfirmation of PAS incumbents in the
Executive Branch is either constitutionally required, or at least
desirable from the policy standpoint. The answer to this
question is an emphatic no. Our conclusions are as follows:
--
The historical analogy with the Presidency of Martin Van
Buren is very instructive. He kept at least three of Andrew
Jackson cabinet officers on after his election in 1836, and
did not resubmit their names to the Senate for
reconfirmation.
--
Constitutionally, the scope of the Senate's power to provide
advice and consent to Executive nominations is a narrow one.
The underlying intent was to establish a check against
presidential appointment of incompetent or corrupt
individuals. This view is clearly. reflected in the pre-
constitutional practices that influenced the Framers, and in
the Framers' own writings. There is absolutely no evidence
to suggest that the advice and consent power was intended to
give the Senate a broad policy role in determining the
composition of each President's cabinet. Given the narrow
scope of the Senate's advice and consent power, once a
given individual has been confirmed by the Senate, he has
been determined to be free from corruption or incompetence
and can continue in his job indefinitely, subject of course
to removal by the President at any time.
--
Given ongoing congressional efforts to arrogate to itself
traditional Executive constitutional prerogatives and to
micromanage the activities of the Executive Branch,
renominating PAS incumbents is likely to contribute to the
further erosion of the Presidency as an institution, and
would set an unfortunate precedent. It might be easily
construed as legitimizing the constitutionally erroneous
I am aware of no legal theory or authority which
would require the renomination and reconfirmation of PAS**
incumbents in the executive branch. Although Congress
has the power to create offices not established by the
Constitution and to establish qualifications required of
such an officer, the Constitution distinguishes between
creation of an office and appointment thereto. In
creating an office, Congress can specify a limited term
of office. Additionally, the Constitution limits the
term of recess appointments (art. II, sec. 2, cl. 3).
Once Congress has given its advice and consent to a PAS
nominee, however, its Consititutional role is limited to
the power of impeachment (art. I, sec. 2, cl. 5; art. I,
sec. 3, cl. 7; art. II, sec. 4).
with respect to your second question, officers of
an executive agency serve at the President's pleasure
and are subject to the President's illimitable power
of removal. See Myers V. United States, 272 U.S. 52
(1926). These officers may be removed by the President
at any time. Of course, the officer may also resign,
effective either on a day certain or upon the occurrence
of some future event, such as the appointment and
qualification of a successor. (See TAB A for examples
of appropriate wording for resignations with various
effective dates.)
A resignation "to be effective upon the appointment
and qualification of my successor" is especially appro-
priate in a "friendly" transition because it obviates a
period of vacancy between resignation of the incumbent
and appointment of a successor. The Department of
Justice has specifically approved this procedure,
saying it is not an infringement on the President's
constitutional authority because it does not limit his
power to remove the officer earlier. 3 Op. Off. Legal
Counsel 152 (1979). Finally, a PAS officer is removed
by operation of law, regardless of resignation, when
the President appoints a successor with the advice and
consent of the Senate.
** Presidential appointee requiring
Senate confirmation.
view, oft propounded by congressional partisans, that
Congress has a right to co-determine both the personnel and
substantive politicisof the Executive. Furthermore, taking
such a step at this time might easily arouse congressional
and public expectations that a renomination of PAS
incumbents is required at the beginning of each
presidential term, irrespective of whether or not a new
President takes office.