Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
118567622
label
JGR/Bicentennial of the Constitution (1 of 5)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
118567622
contentType
document
title
JGR/Bicentennial of the Constitution (1 of 5)
citationUrl
identifierLocal
485
collections
Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
118567622
coverageEndDate
logicalDate
1986-12-31
year
1986
coverageStartDate
logicalDate
1982-01-01
year
1982
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
5b4b6314c81e17f7
ocrText
Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Bicentennial of the Constitution
(1 of 5)
Box: 5
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name ROBERTS, JOHN G.: FILES
Withdrawer
LOJ
8/12/2005
File Folder
JGR/BICENTENNIAL OF THE CONSTITUTION (1)
FOIA
F05-139/01
Box Number
5
COOK
64LOJ
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1
MEMO
ROBERTS TO FRED FIELDING
1 9/13/1984
B6
1208
[RELEASED IN WHOLE - 02/03/06 - MJD]
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
Returned
WASHINGTON
May 8, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Request for Assistance in Starting
the Bicentennial Commission for the
Constitution
Boris Feinman, an activist interested in the bicentennial of
the Constitution, has written you urging you to advise the
President to move promptly in making appointments to the
Commission on the Bicentennial of the Constitution. Feinman
lobbied extensively for the creation of the Commission and
is "distressed" that it has not yet been activated. Feinman
also invited you to a Senate ceremony on September 17, 1984,
commemorating the 197th anniversary of the adoption of the
Constitution by the Constitutional Convention. Feinman
organized an essay contest on the Constitution; the winners
will participate in the planned ceremony. A similar
commemoration took place last year.
The President signed Public Law 98-101, establishing the
Commission, on September 29, 1983. As you know, the statute
provides that the Commission shall consist of 23 members:
the Chief Justice, the President pro tempore of the Senate,
the Speaker of the House, and 20 members appointed by the
President, including four from recommendations submitted by
the Speaker, four from recommendations submitted by the
President pro tempore of the Senate, and four from recom-
mendations submitted by the Chief Justice. In his signing
statement (attached) the President asserted that the Chief
Justice, Speaker, President pro tempore, and any members of
Congress appointed to the Commission could only serve in
ceremonial or advisory roles. The President also asserted
that he retained ultimate responsibility to select and
appoint the members of the Commission. The signing statement
engendered a rebuttal from Senator Hatch, to which Ted Olson
responded (attached).
We have received no names from Presidential Personnel for
clearance for this Commission. Indeed, Presidential Personnel
advises that they have not even begun the selection process,
and do not expect to have a list of prospective appointees
until sometime in the fall. Personnel has received lists of
recommended appointees from the Speaker and President pro
- 2 -
tempore of the Senate, but not from the Chief Justice.
Meanwhile, Presidential Perwsonnel is discussing with Mike
Uhlmann's office whether the President should appoint
Congressmen to this Commission.
I have prepared a reply to Feinman for your signature,
noting that Presidential Personnel is engaged in the process
of reviewing candidates for the Commission, and advising him
that you have referred his letter to them. I decided not to
mention the Constitutional difficulties surrounding the
composition of the Commission, since I saw little reason to
introduce a private citizen-activist into a sensitive
dispute between Congress and the Executive branch. The
referral memorandum to Presidential Personnel does not urge
them to take any particular action with respect to the
Commission, but you may want to consider prodding them
along, or at least bringing this whole matter to some
resolution before too much more time passes. It does seem
irresponsible not to have even begun the selection process a
full seven months after passage of the act. There are at
least eight slots for Presidential appointees that do not
present any Constitutional problems, and Personnel can be
working on those.
Attachment
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
September 29, 1983
STATEMENT BY THE PRESIDENT
I have signed today S. 118, a bill that establishes a
Commission which will coordinate the commemoration of the
bicentennial of the Constitution.
Our Nation is approaching the 200th anniversary of the
Constitutional Convention's approval of the Constitution,
which occurred on September 17, 1787. Our Constitution
contains the principles that have formed the basis of our
national strength, unity and prosperity. This bicentennial
offers an opportunity to rededicate ourselves to the
principles embodied by the Constitution.
I welcome the participation of the Chief Justice, the
President pro tempore of the Senate, and the Speaker of the
House of Representatives in the activities of the Commission.
However, because of the constitutional impediments contained
in the Doctrine of the Separation of Powers, I understand that
they will be able to participate only in ceremonial or
advisory functions of the Commission, and not in matters
involving the administration of the Act. Also, in view of the
Incompatibility Clause of the Constitution, any Member of
Congress appointed by me pursuant to section 4 (a) (1) of this
Act may serve only in a ceremonial or advisory capacity.
I also understand that this Act does not purport to
restrict my ultimate responsibility as President for the
selection and appointment of Members of the Commission, under
Article II, Section 2, Clause 2, of the Constitution.
#
#
#
#
THE WHITE HOUSE
WASHINGTON
May 8, 1984
Dear Mr. Feinman:
Thank you for your letter of April 17, 1984. In that letter
you urged prompt action in activating the Commission on the
Bicentennial of the Constitution.
As the President noted when he signed Public Law 98-101,
establishing the Commission, the upcoming bicentennial
"offers an opportunity to rededicate ourselves to the
principles embodied by the Constitution." The Commission
will of course play a vital role in promoting and coordin-
ating the commemorative activities, and accordingly it is
important that the membership of the Commission be carefully
and properly selected. The Office of Presidential Personnel
here at the White House is engaged in the process of review-
ing candidates for the Commission, and I have taken the
liberty of sharing your letter with that office. Please be
assured that we will move as promptly as possible in making
appointments to the Commission, consistent with our responsi-
bility to ensure that the appointments are the best possible
and fully comply with all applicable legal requirements.
I would also like to thank you for the gracious invitation
to attend the celebration of the 197th anniversary of the
adoption of the Constitution this fall. I will be back in
touch with you concerning this event as soon as I have a
better idea of what my schedule will be like on
September 17.
Again, thank you for sharing your informed views on this
important subject with us.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Boris Feinman
Convention II Inc.
130 Highridge Road
New Rochelle, NY 10804
FFF:JGR:aea 5/8/84
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
June 20, 1984
MEMORANDUM FOR JOHN S. HERRINGTON
ASSISTANT TO THE PRESIDENT
FOR PRESIDENTIAL PERSONNEL
FROM:
FRED F. FIELDING
Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Request for Assistance in Starting
the Bicentennial Commission for the
Constitution
Attached for your information is a letter to me urging that
the President act promptly in appointing the members of the
Commission on the Bicentennial of the Constitution, created
by Public Law 98-101 on September 29, 1983. I have also
attached a copy of my reply.
Attachment
FFF:JGR:aea 6/20/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
June 20, 1984
Dear Mr. Feinman:
Thank you for your letter urging prompt action in activating
the Commission on the Bicentennial of the Constitution.
As the President noted when he signed Public Law 98-101,
establishing the Commission, the upcoming bicentennial
"offers an opportunity to rededicate ourselves to the
principles embodied by the Constitution." The Commission
will of course play a vital role in promoting and coordin-
ating the commemorative activities, and accordingly it is
important that the membership of the Commission be carefully
and properly selected. The Office of Presidential Personnel
here at the White House is engaged in the process of review-
ing candidates for the Commission, and I have taken the
liberty of sharing your letter with that office. Please be
assured that we will move as promptly as possible in making
appointments to the Commission, consistent with our responsi-
bility to ensure that the appointments are the best possible
and fully comply with all applicable legal requirements.
I would also like to thank you for the gracious invitation
to attend the celebration of the 197th anniversary of the
adoption of the Constitution this fall. I will be back in
touch with you concerning this event as soon as I have a
better idea of what my schedule will be like on
September 17.
Again, thank you for sharing your informed views on this
important subject with us.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. Boris Feinman
Convention II Inc.
130 Highridge Road
New Rochelle, NY 10804
FFF: JGR:aea 6/20/84
bcc: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
May 8, 1984
MEMORANDUM FOR JOHN S. HERRINGTON
ASSISTANT TO THE PRESIDENT
FOR PRESIDENTIAL PERSONNEL
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request for Assistance in Starting
the Bicentennial Commission for the
Constitution
Attached for your information is a letter to me urging that
the President act promptly in appointing the members of the
Commission on the Bicentennial of the Constitution, created
by Public Law 98-101 on September 29, 1983. I have also
attached a copy of my reply.
Attachment
FFF: JGR:aea 5/8/84
CC: FFFielding/JGRoberts/Subj/Chron
ID #. 223406
CU
WHITE HOUSE
JV
F6999
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H . INTERNAL
I
INCOMING
JR
Date Correspondence
Received (YY/MM/DD)
/
/ Boris
Name of Correspondent:
Bob Feinman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Request for assistance in stanting
the Constitution Bicen dennial Commission for the
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHOLL
ORIGINATOR $404,20
/
/
Referral Note:
COAT18
I 84,04,23
5 84,05,03
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A. - Appropriate Action
I * Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X . Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Convention II Inc.
FOUNDERS COMMITTEE
Please respond to:
223406 W
Boris Feinman, Founder NY
Office of the Founder:
* National Headquarters:
National Advisory Council:
130 Highridge Road
P.O. Box 44086
1007 NW B Street
Representative Richard L. Ottinger - NY
New Rochelle, New York 10804
Washington, DC 20026
Grants Pass, Oregon 97526
Senator Daniel Patrick Moynihan . NY
(914) 633-6922
(202) 544-1789
476-8429/9928
Representative Walter F. Fauntroy . DC
Representative Floyd Spence . SC
Senator Mark Hatfield OR
Representative Peter W. Rodino, Jr. NJ
april 17, 1984
Representative Carroll A. Campbell, Jr. SC
Representative Bill Hughes NJ
Representative Bill Goodling PA
Dear Fred Fileling -
Representative Silvio O. Conte MA
Senator Jennings Randolph - WV
Senator Orrin G. Hatch UT
I am destressed, after 10 years of
Representative Jack Kemp NY
Senator Alfonse D'Amato NY
Representative Newt Gingrich GA
Representative James J. Howard - NJ
lobbying for it, that the Becentennial not
Representative Jim Weaver OR
Senator Christopher J. Dodd . CT
Senator Dale Bumpers AR
Commission for the Constitution is
Representative Mickey Edwards . OK
Representative Claude Pepper - FL
Representative Lindy Boggs LA
Senator Spark M. Matsunaga HI
yet activated - and I beg, plead, and
Representative Sidney R. Yates IL
Representative Robert L. Livingston - LA
that you used your good office the
Senator Dennis DeConcini AZ
Representative G. William Whitehurst VA
Senator Paul E. Taongas MA
Representative Mario Biaggi NY
Senator James Abdnor - SD
Commision to to work umal eduate by.
urge advise the President to put
Representative William L. Clay MO
Representative John Edward Porter IL
Representative James V. Hansen UT
Senator George J. Mitchell ME
Representative Austin J. Murphy PA
Representative Eldon Rudd AZ
much lead time and attention
Supely the Constitution dealtres as does
Senator Bill Bradley NJ
Senator William Cohen ME
Representative Harold S. Sawyer MI
Senator Alan J. Dixon IL
Representative Lynn Martin IL
Representative Olympia J. Snowe ME
the as Statue of Liberty - which anatrois Commission time
Representative Cardiss Collins IL
Representative Thomas J. Downey NY
has already its centenual comes #
had year of prep in 1286,
Representative Edwin B. Forsythe NJ
Senator Arlen Specter PA
Senator Charles E. Grassley - IA
Representative Robert Garcia NY
Representative Chris Smith . NJ
Senator Howell Heflin AL
Representative Trent Lott MS
Representative Dan Glickman KS
lote a full though year before the Constitutions the 200 withols
Representative Jim Wright TX
Representative Steve Gunderson - WI
mean while, I have pleaser
Representative Bob Edgar PA
Representative Bill Ratchford . CT
Senator David Pryor AR
Representative Ron Wyden . OR
Representative Charles Hatcher GA
of inviting you to out annual commemoration September
Representative Daniel Akaka HI
Senator Ted Stevens AK
Representative Tom Lantos CA
of the Constitutions birth day on
Representative Hamilton Fish, Jr. NY
Representation Daniel Lungren CA
Senator Dave Durenberger MN
17th per en closers.
Representative Lee H. Hamilton . IN
Representative Paul Simon IL
Please, please, please, start
Senator Gordon Humphrey NH
Representative Denny Smith OR
Representative John LaFalce * NY
Senator Pete Wilson CA
the Com mission's life.
Representative Ed Towns NY
Representative Sherwood Boehlert NY
Senator Jim Sasser TN
Carditly
Representative Gary Ackerman . NY
Representative Bob McEwen - OH
Representative Frank Wolf - VA
Senator Max Baucus MT
Boris Feinna
Representative Robert Mrazek - NY
Senator Frank Lautenberg NJ
G. Timothy Leighton DC
"Two hundred years ago our Founding Fathers wrote A Constitution Upon that base our Country stands great and
President Emeritus
strong committed to Freedom Liberty and Respect for Human Differences How shall we now build upon that
which the Founders wrought se that America will ever be foremost in the Quest for the Rights of Man?
Convention II Inc.
FOUNDERS COMMITTEE
Please respond to:
Boris Feinman, Founder - NY
* Office of the Founder:
* National Headquarters:
* National Advisory Council:
130 Highridge Road
P.O. Box 44086
1007 NW B Street
Representative Richard L. Ottinger - NY
New Rochelle, New York 10804
Washington, DC 20026
Grants Pass, Oregon 97526
Senator Daniel Patrick Moynihan . NY
(914) 633-6922
(202) 544-1789
(503) 476-8429/9928
Representative Walter F. Fauntroy DC
Representative Floyd Spence . SC
Senator Mark Hatfield OR
Representative Peter W. Rodino, Jr. - NJ
For FRED FIELDING
Representative Carroll A. Campbell, Jr. * SC
Representative Bill Hughes NJ
Representative Bill Goodling - PA
Representative Silvio O. Conte MA
Senator Jennings Randolph . WV
Senator Orrin G. Hatch - UT
Representative Jack Kemp - NY
Senator Alfonse D'Amato . NY
February 7,1984
Representative Newt Gingrich - GA
Representative James J. Howard - NJ
Representative Jim Weaver OR
Senator Christopher J. Dodd CT
To: Members, Founders Committee, Convention II
Senator Dale Bumpers AR
Representative Mickey Edwards OK
and
Representative Claude Pepper - FL
Guests at previous Constitution ceremonies
Representative Lindy Boggs * LA
Senator Spark M. Matsunaga HI
Representative Sidney R. Yates IL
Representative Robert L. Livingston LA
The enclosed Gannett Newspapers item is for your
Senator Dennis DeConcini AZ
information concerning the upcoming commemoration
Representative G. William Whitehurst VA
Senator Paul E. Tsongas MA
of the Constitution in the Senate in Washington.
Representative Mario Biaggi NY
Representative William L. Clay MO
Senator James Abdnor SD
I'm sending it along with this letter as personal
Representative John Edward Porter IL
invitation for you to join us at the breakfast to
Representative James V. Hansen - UT
Senator George J. Mitchell ME
mark the 197th birthday of the Constitution.
Representative Austin J. Murphy - PA
Representative Eldon Rudd AZ
Senator Bill Bradley NJ
Ceremonies will begin at 8:30a. Monday, Sept.17,
Senator William Cohen ME
in the Senate caucus room, Russell 325, and will be
Representative Harold S. Sawyer - MI
Senator Alan J. Dixon IL
followed by a meeting of the Senate Judiciary sub-
Representative Lynn Martin IL
committee on the Constitution.
Representative Olympia J. Snowe ME
Representative Cardiss Collins IL
Representative Thomas J. Downey NY
Representative Edwin B. Forsythe NJ
I look forward to hearing that your own schedules
Senator Arlen Specter PA
will permit you again to share with us what seems
Senator Charles E. Grassley - IA
Representative Robert Garcia NY
to be happily becoming a tradition.
Representative Chris Smith NJ
Senator Howell Heflin AL
Representative Trent Lott MS
Please RSVP to me as soon as you can.
Representative Dan Glickman . KS
Representative Jim Wright TX
Representative Steve Gunderson WI
Cordially,
Representative Bob Edgar - PA
Representative Bill Ratchford CT
Senator David Pryor AR
Representative Ron Wyden OR
BriFeinman
Representative Charles Hatcher GA
Representative Daniel Akaka HI
Bob Feinman
Senator Ted Stevens AK
Representative Tom Lantos CA
914 633 6922
Representative Hamilton Fish, Jr. . NY
130 Highridge Road
Representation Daniel Lungren CA
Senator Dave Durenberger MN
New Rochelle, NY 10804
Representative Lee H. Hamilton IN
Representative Paul Simon IL
Senator Gordon Humphrey . NH
Representative Denny Smith . OR
Representative John LaFalce . NY
Senator Pete Wilson CA
Representative Ed Towns - NY
Representative Sherwood Boehlert NY
Senator Jim Sasser TN
Representative Gary Ackerman - NY
Representative Bob McEwen OH
Representative Frank Wolf VA
Senator Max Baucus MT
Representative Robert Mrazek - NY
Senator Frank Lautenberg NJ
G. Timothy Leighton . DC
"Two hundred years ago our Founding Fathers wrote a Constitution. Upon that base our Country stands great and
President Emeritus
strong. committed to Freedom. Liberty, and Respect for Human Differences. How shall we now build upon that
which the Founders wrought so that America will POIT be foremost in the Quest for the Rights of Man?"
THE WHITE HOUSE
WASHINGTON
June 20, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERT. 220
SUBJECT:
Commission on the Bicentennial
of the Constitution
On May 8 I submitted a memorandum for you concerning a
letter sent to you by Boris Feinman, a citizen activist
prominent in promoting the Bicentennial of the Constitution
and the Commission on the Bicentennial of the Constitution.
Along with the memorandum I enclosed drafts of an innocuous
reply to Feinman, thanking him for his concern about appoint-
ments to the Commission, assuring him that we would move as
promptly as possible consistent with our responsibility to
ensure that the appointments are the best possible and fully
comply with all applicable legal requirements, and referring
his letter to Presidential Personnel for their information.
You noted on the memorandum that you wanted to discuss "the
whole situation in detail."
Efforts to arrange a meeting to do so have been unavailing,
and now Mr. Feinman is calling - through the Republican
Inner Circle -- to find out why we have not been moving to
make appointments to the Commission. Even if we cannot
discuss "the whole situation in detail," we really do owe
Mr. Feinman a response. I have updated my draft reply to
Feinman and memorandum for Presidential Personnel, and
recommend that you sign and send both. We can address the
more basic questions about what to do with the Commission in
due course.
THE WHITE HOUSE
WASHINGTON
May 8, 1984
call jun S Pltisans 40 5th in dated
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
while west
SUBJECT:
Request for Assistance in Starting
the Bicentennial Commission for the
myt
Constitution
Boris Feinman, an activist interested in the bicentennial of
the Constitution, has written you urging you to advise the
President to move promptly in making appointments to the
Commission on the Bicentennial of the Constitution. Feinman
lobbied extensively for the creation of the Commission and
is "distressed" that it has not yet been activated. Feinman
also invited you to a Senate ceremony on September 17, 1984,
commemorating the 197th anniversary of the adoption of the
Constitution by the Constitutional Convention. Feinman
organized an essay contest on the Constitution; the winners
will participate in the planned ceremony. A similar
commemoration took place last year.
The President signed Public Law 98-101, establishing the
Commission, on September 29, 1983. As you know, the statute
provides that the Commission shall consist of 23 members:
the Chief Justice, the President pro tempore of the Senate,
the Speaker of the House, and 20 members appointed by the
President, including four from recommendations submitted by
the Speaker, four from recommendations submitted by the
President pro tempore of the Senate, and four from recom-
mendations submitted by the Chief Justice. In his signing
statement (attached) the President asserted that the Chief
Justice, Speaker, President pro tempore, and any members of
Congress appointed to the Commission could only serve in
ceremonial or advisory roles. The President also asserted
that he retained ultimate responsibility to select and
appoint the members of the Commission. The signing statement
engendered a rebuttal from Senator Hatch, to which Ted Olson
responded (attached).
We have received no names from Presidential Personnel for
clearance for this Commission. Indeed, Presidential Personnel
advises that they have not even begun the selection process,
and do not expect to have a list of prospective appointees
until sometime in the fall. Personnel has received lists of
recommended appointees from the Speaker and President pro
THE WHITE HOUSE
WASHINGTON
June 20, 1984
Dear Mr. Feinman:
Thank you for your letter urging prompt action in activating
the Commission on the Bicentennial of the Constitution.
As the President noted when he signed Public Law 98-101,
establishing the Commission, the upcoming bicentennial
"offers an opportunity to rededicate ourselves to the
principles embodied by the Constitution." The Commission
will of course play a vital role in promoting and coordin-
ating the commemorative activities, and accordingly it is
important that the membership of the Commission be carefully
and properly selected. The Office of Presidential Personnel
here at the White House is engaged in the process of review-
ing candidates for the Commission, and I have taken the
liberty of sharing your letter with that office. Please be
assured that we will move as promptly as possible in making
appointments to the Commission, consistent with our responsi-
bility to ensure that the appointments are the best possible
and fully comply with all applicable legal requirements.
I would also like to thank you for the gracious invitation
to attend the celebration of the 197th anniversary of the
adoption of the Constitution this fall. I will be back in
touch with you concerning this event as soon as I have a
better idea of what my schedule will be like on
September 17.
Again, thank you for sharing your informed views on this
important subject with us.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Boris Feinman
Convention II Inc.
130 Highridge Road
New Rochelle, NY 10804
#
FFF:JGR:aea 6/20/84
bcc: FFFielding/JGRoberts/Subj/Chror
THE WHITE HOUSE
WASHINGTON
June 20, 1984
MEMORANDUM FOR JOHN S. HERRINGTON
ASSISTANT TO THE PRESIDENT
FOR PRESIDENTIAL PERSONNEL
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Request for Assistance in Starting
the Bicentennial Commission for the
Constitution
Attached for your information is a letter to me urging that
the President act promptly in appointing the members of the
Commission on the Bicentennial of the Constitution, created
by Public Law 98-101 on September 29, 1983. I have also
attached a copy of my reply.
Attachment
FFF: JGR:aea 6/20/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
September 13, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
878
SUBJECT:
Request From Boris Feinman For President
Reagan to Sign a Diploma in Connection
With the Bicentennial of the Constitution
You have corresponded in the past with Boris Feinman, a
citizen gadfly who devises various schemes to promote the
Bicentennial of the Constitution. Most recently, on June
20, you wrote Feinman, responding to his concerns over the
delay in appointing members to the Commission on the Bicen-
tennial of the Constitution. Feinman replied a month later
to ask the President to endorse his latest brainstorm, a
"Diploma of Voter Status" program "designed to cloak in
majesty Youths' entry to political power at age 18."
Feinman wants the President to sign an enclosed "diploma,"
to be awarded to students when they reach age 18 and become
eligible to vote.
I do not think the President should sign the diploma or
otherwise specifically endorse Feinman's project. On the
merits, Feinman's idea does not strike me as particularly
inspired. In any event, it seems advisable generally to
limit the President's involvement in Bicentennial commem-
orations to those of an official nature. We really know
nothing about Feinman, or to what use he might put the
President's signature on his diploma or the President's
endorsement of his scheme.
In addition, Congress established the Commission on the
Bicentennial of the Constitution to "plan and develop
activities appropriate to commemorate the bicentennial of
the Constitution, including a limited number of projects
undertaken by the Federal Government." Section 6 (a) (1),
Public Law 98-101, 97 Stat. 721 (1983). It would seem more
in keeping with the spirit of this statute to await guidance
from the Commission before endorsing specific projects to
commemorate the Bicentennial. (Of course, we have yet to
appoint the members of the Commission, but that is another
story.) A draft reply to Feinman is attached.
Attachment
THE WHITE HOUSE
WASHINGTON
September 13, 1984
Dear Mr. Feinman:
Thank you for your letter describing your "Diploma of Voter
Status" program. In that letter you requested that the
President sign such a diploma, and announce support for the
idea.
The President has frequently emphasized the importance of
the right to vote and encouraged every eligible citizen to
exercise the franchise. If your program succeeds in alerting
young people to this precious right it will be providing an
invaluable service.
We must, however, decline to have the President sign the
diploma you have provided, or otherwise specifically endorse
the program as a commemoration of the Bicentennial of the
Constitution. As you certainly know, Congress has established
a Commission on the Bicentennial of the Constitution, to
plan and develop appropriate commemoration of the Bicentennial,
including a limited number of projects to be undertaken by
the Federal Government. The Commission is also to coordinate
Bicentennial activities throughout the States. Section 6 of
Public Law 98-101, 97 Stat. 721 (1983). It seems more in
keeping with the spirit of this statute for the President
generally to await guidance from the Commission, once it is
operational, before endorsing particular projects designed
in connection with the Bicentennial.
I hope you will appreciate the reasons for our response.
Thank you for sharing your "Diploma of Voter Status" idea
with us.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Mr. Boris Feinman
130 Highridge Road
New Rochelle, NY 10804
FFF:JGR:aea 9/13/84
bec: FFFielding/JGRoDerts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
September 13, 1984
Dear Mr. Feinman:
Thank you for your letter describing your "Diploma of Voter
Status" program. In that letter you requested that the
President sign such a diploma, and announce support for the
idea.
The President has frequently emphasized the importance of
the right to vote and encouraged every eligible citizen to
exercise the franchise. If your program succeeds in alerting
young people to this precious right it will be providing an
invaluable service.
We must, however, decline to have the President sign the
diploma you have provided, or otherwise specifically endorse
the program as a commemoration of the Bicentennial of the
Constitution. As you certainly know, Congress has established
a Commission on the Bicentennial of the Constitution, to
plan and develop appropriate commemoration of the Bicentennial,
including a limited number of projects to be undertaken by
the Federal Government. The Commission is also to coordinate
Bicentennial activities throughout the States. Section 6 of
Public Law 98-101, 97 Stat. 721 (1983). It seems more in
keeping with the spirit of this statute for the President
generally to await guidance from the Commission, once it is
operational, before endorsing particular projects designed
in connection with the Bicentennial.
I hope you will appreciate the reasons for our response.
Thank you for sharing your "Diploma of Voter Status" idea
with us.
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Boris Feinman
130 Highridge Road
New Rochelle, NY 10804
FFF:JGR:aea 9/13/84
bcc: FFFielding/JCRoBerts/SuBj/Chron
ID # 223406 CU
WHITE HOUSE
FG999
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H * INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
Name of Correspondent:
/ Boris Teeaman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Reguests the President to sign a
deploma in Connection with the
Scentennial of the Institution
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
WHolland
ORIGINATOR
84/10714
/
/
Referral Note:
cont. corresp.
CUAT18
D
84,07,25
5 84,08105
Referral Note:
/
/
/
/
I
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference. ext. 2590.
5/81
BORIS FEINMAN
130 HIGHRIDGE ROAD
NEW ROCHELLE. N. Y. 10804
Dear Fred Fielding,
Thank you for your update on the status of the
Bicentennial Commission.
It appears unlikely that the Commission will be
activated by September 17, Citizenship Day, the
day on which we will be inaugurating a program
for the Bicentennial called "Diploma of Voter
Status", designed to cloak in majesty Youths'
entry to political power at age 18.
Therefore I ask you to process this request to
the President: to sign the enclosed Diploma.
Thousands of these Diplomas will be issued at
special assemblies in the New York State high
schools of Westchester, Putnam, and Rockland
counties while, simultaneously, in the Senate's
Russell caucus room Diploma #1 will be presented
by Senator Orrin Hatch and Senator Jennings
Randolph to a new young voter as symbolic of all
18 year olds of our country.
The goal is that by 1987, the Bicentennial, all
the high schools of America will hold annual
assemblies for the senior class on September 17,
and conduct citizenship programs climaxing in
the award of the Diploma of Voter Status.
Could the President announce support for this
theme.
Cordially,
Boris Feirman
July 20,1984
WHITE HOUSE LAW LIBRARY
ROOM 528 OEOB
(202) 395-3397
Date 9-13-84
To
Anne Anderson
Room No. 106
From
Pat adomo
To Keep
To Borrow (Date Due
)
Per Your Request/Per Our
Conversation
FYI
Message:
PUBLIC LAW 98-101-SEPT. 29, 1983
97 STAT. 719
Public Law 98-101
98th Congress
An Act
To provide for the establishment of a Commission on the Bicentennial of the
Sept. 29, 1983
Constitution.
[S. 118)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is
Commission on
established a Commission on the Bicentennial of the United States
the Bicentennial
of the
Constitution, hereinafter referred to as the "Commission".
Constitution.
Establishment.
FINDINGS
SEC. 2. The Congress finds that-
(1) the bicentennial of the Constitutional Convention's adop-
tion of the Constitution occurs on September 17, 1987;
(2) the Constitution enunciates the limitations on govern-
ment, the inalienable rights, and the timeless principles of
individual liberty and responsibility, and equality before law,
for the people of the United States of America;
(3) this document has set an enduring example of representa-
tive democracy for the world; and
(4) the maintenance of the common principles that animate
our Republic depend upon a knowledge and understanding of
their roots and origins.
PURPOSE
SEC. 3. It is the purpose of this Act to establish a Commission to
promote and coordinate activities to commemorate the bicentennial
of the Constitution.
MEMBERSHIP
SEC. 4. (a) The Commission shall be composed of twenty-three
members as follows:
(1) twenty members appointed by the President, four of whom
shall be appointed from among the recommendations made by
the Speaker of the House of Representatives (in consultation
with the minority leader of the House of Representatives), four
of whom shall be appointed from among the recommendations
made by the President pro tempore of the Senate, in consulta-
tion with the majority leader and minority leader of the Senate,
and four of whom shall be appointed from among the recom-
mendations made by the Chief Justice of the United States;
(2) the Chief Justice of the United States, or his designee;
(3) the President pro tempore of the Senate, or his designee;
and
(4) the Speaker of the House of Representatives, or his
designee.
(b) Each of the individuals making recommendations to the Presi-
dent regarding appointments shall seek to achieve a balanced mem-
bership representing, to the maximum extent practicable, the
Nation as a whole. The Commission members shall be chosen from
11-139 0 - 83 (102)
97 STAT. 720
PUBLIC LAW 98-101-SEPT. 29, 1983
among individuals who have demonstrated scholarship, a strong
sense of public service, expertise in the learned professions, and
abilities likely to contribute to the fulfillment of the duties of the
Commission.
(c) Members of the Commission shall be appointed for the life of
the Commission.
(d) One of the members shall be designated as Chairman by, and
shall serve in the position of Chairman at the pleasure of, the
President.
(e) Twelve members of the Commission shall constitute a quorum,
but a lesser number may conduct meetings.
Vacancy.
(f) A vacancy in the Commission resulting from the death or
resignation of a member shall not affect its powers, and shall be
filled in the same manner in which the original appointment was
made.
ADMINISTRATIVE PROVISIONS AND POWERS
Pay rate.
SEC. 5. (a) The Commission shall appoint a staff director who shall
be paid at a rate not to exceed the rate of basic pay provided for
level I of the Executive Schedule pursuant to section 5312 of title 5,
United States Code.
(b) The Commission is authorized to appoint and fix the compensa-
tion, without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without
5 USC 5101 et
regard to chaper 51 and subchapter III of chapter 53 of such title
seq.
relating to classification and General Schedule pay rates, of such
5 USC 5331.
additional publicly paid personnel up to five persons, as the Chair-
man finds necessary to carry out the purposes of this title. Such
personnel shall be compensated at a rate not to exceed a rate equal
to the maximum rate of pay for GS-18 of the General Schedule
under section 5332 of title 5, United States Code.
(c) Subject to the provisions of this subsection, the Commission
may appoint and fix the pay of such additional personnel to be paid
out of private donations. An individual appointed to a position
funded in such manner shall be SO designated at the time of such
individual's appointment. The Chairman may appoint such addi-
tional personnel as he deems appropriate, not to exceed forty staff
members.
Compensation
(d) Each member of the Commission shall serve without being
and
compensated as a member of such Commission, except that each
reimbursement.
member shall be reimbursed for travel, subsistence, and other neces-
sary expenses incurred by them in the performance of their duties.
Detailed Federal
(e)(1) Upon request of the Commission, the head of any Federal
agency
agency may detail any of the personnel of such agency to the
personnel.
Commission to assist the Commission in carrying out its duties
under this Act. Details under this subsection shall be without
reimbursement by the Commission to the agency from which the
employee concerned was detailed.
(2) The Commission may accept the services of not to exceed
twenty employees under this subsection at any time.
(f) The Commission is authorized to procure supplies, services, and
property, and make contracts, in any fiscal year, only to such extent
or in such amounts as are provided in appropriation Acts or are
donated pursuant to subsection (h) of this section.
(g) The Commission is authorized to enter into agreements with
the General Services Administration for procurement of necessary
financial and administrative services, for which payment shall be
-SEPT. 29, 1983
PUBLIC LAW 98-101-SEPT. 29, 1983
97 STAT. 721
strated scholarship, a strong
made by reimbursement from funds of the Commission in such
the learned professions, and
amounts as may be agreed upon by the Chairman and the Adminis-
ulfillment of the duties of the
trator of the General Services Administration.
(h)(1) The Commission is authorized to accept, use, solicit, and
Donations.
all be appointed for the life of
dispose of donations of money, property, or personal services.
(2) The Commission shall prescribe regulations under which the
Regulations.
esignated as Chairman by, and
Commission may accept donations of money, property, or personal
rman at the pleasure of, the
services, except that under such regulations, the Commission may
not accept donations-
sion shall constitute a quorum,
(A) the value of which exceeds $25,000 annually, in the case of
etings.
donations from an individual; or
L resulting from the death or
(B) the value of which exceeds $100,000 annually, in the case
affect its powers, and shall be
of donations from a corporation, partnership, or other business
the original appointment was
organization.
(3) The regulations prescribed under this subsection shall include
IIONS AND POWERS
procedures for determining the value of donations of property or
personal services.
opoint a staff director who shall
(4) The limitations set forth in this subsection shall not apply in
rate of basic pay provided for
the case of an organization if it is an organization described in
rsuant to section 5312 of title 5,
section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C.
501(c)(3)), and exempt from taxation under section 501(a) of such
O appoint and fix the compensa-
Code.
is of title 5, United States Code,
(i) The Commission may use the United States mails in the same
mpetitive service, and without
manner and under the same conditions as other departments and
r III of chapter 53 of such title
agencies of the United States.
ral Schedule pay rates, of such
(j) The Commission shall have the authority to design and use a
Logo.
up to five persons, as the Chair-
logo as the official emblem of the bicentennial. The Commission
Rules,
the purposes of this title. Such
shall issue rules and regulations, including penalties for unauthor-
regulations, and
a rate not to exceed a rate equal
prohibitions.
ized use, regarding the use of such logo, except that under those
GS-18 of the General Schedule
regulations, the Commission shall be prohibited from selling, leas-
States Code.
ing, or otherwise granting to any corporation or private person the
this subsection, the Commission
right to use the logo in connection with the production or manufac-
additional personnel to be paid
ture of any commercial goods, as part of an advertisement promot-
ividual appointed to a position
ing any commercial goods or services, or as part of an endorsement
designated at the time of such
for any such goods or services.
airman may appoint such addi-
opriate, not to exceed forty staff
DUTIES OF THE COMMISSION
shall serve without being
SEC. 6. (a) The Commission shall-
Commission, except that each
(1) plan and develop activities appropriate to commemorate
subsistence, and other neces-
the bicentennial of the Constitution, including a limited number
the performance of their duties.
of projects to be undertaken by the Federal Government seeking
nission, the head of any Federal
to harmonize and balance the important goals of ceremony and
ersonnel of such agency to the
celebration with the equally important goals of scholarship and
in carrying out its duties
education;
his subsection shall be without
(2) encourage private organizations, and State and local gov-
to the agency from which the
ernments to organize and participate in bicentennial activities
commemorating or examining the drafting, ratification, and
the services of not to exceed
history of the Constitution and the specific features of the
at any time.
document;
to procure supplies, services, and
(3) coordinate, generally, activities throughout all of the
ny fiscal year, only to such extent
States; and
in appropriation Acts or are
(4) serve as a clearinghouse for the collection and dissemina-
of this section.
tion of information about bicentennial events and plans.
to enter into agreements with
(b) In planning and implementing appropriate activities to com-
for procurement of necessary
memorate the bicentennial, the Commission shall give due consider-
for which payment shall be
ation to-
97 STAT. 722
PUBLIC LAW 98-101-SEPT. 29, 1983
(1) the historical setting in which the Constitution was devel-
oped and ratified, including such antecedents as the Federalist
Papers, the Articles of the Confederation, and the ratification
debates in the States;
(2) the contribution of diverse ethnic and racial groups;
(3) the relationship and historical development of the three
branches of the Government;
(4) the importance of activities concerning the Constitution
and citizenship education throughout all of the States regard-
less of when such State achieved statehood;
(5) the unique achievements and contributions of the partici-
pants in the Constitutional Convention of 1787 and the State
ratification proceedings;
(6) the diverse legal and philosophical views regarding the
Constitution;
(7) the need for reflection upon both academic and scholarly
views of the Constitution and the principle that the document
must be understood by the general public;
(8) the substantive provisions of the Constitution itself;
(9) the impact of the Constitution on American life and
government;
(10) the need to encourage appropriate educational curricu-
lums designed to educate students at all levels of learning on
the drafting, ratification, and history of the Constitution and
the specific provisions of that document; and
(11) the significance of the principles and institutions of the
Constitution to other nations and their citizens.
Private and
(c) The Commission shall seek the cooperation, advice, and assist-
governmental
ance from both private and governmental agencies and organiza-
organizations,
assistance.
tions, including the National Endowment for the Arts, the National
Endowment for the Humanities, the Library of Congress, the Smith-
sonian Institution, the National Archives, the Department of the
Interior, State and local governments, learned societies, academic
institutions, and historical, patriotic, philanthropic, civic, and pro-
fessional groups, and bar associations.
(d) The Commission may, in carrying out the purposes of this Act,
delegate authority to State advisory commissions to assist in imple-
menting this Act.
Report to
(e) Within two years after the date of enactment of this Act, the
President,
Commission shall submit to the President and each House of the
Congress, and
Judicial
Congress and the Judicial Conference of the United States a compre-
Conference of
hensive report incorporating specific recommendations of the Com-
U.S.
mission for commemoration and coordination of the bicentennial
and related activities. Such report shall include recommendations
for publications, scholarly projects, conferences, programs, films,
libraries, exhibits, ceremonies, and other projects, competitions and
awards, and a calendar of major activities and events planned to
commemorate specific historical dates. Each year after such compre-
hensive report, the Commission shall submit an annual report to the
President, each House of the Congress, and the Judicial Conference
until such Commission terminates.
TERMINATION
SEC. 7. The Commission shall terminate on December 31, 1989.
PUBLIC LAW 98-101-SEPT. 29, 1983
97 STAT. 723
AUTHORIZATION OF APPROPRIATIONS
SEC. 8. There are authorized to be appropriated to carry out the
purposes of this Act $300,000 for fiscal year 1984 and such sums as
may be necessary for the subsequent fiscal years through fiscal year
1989.
EFFECTIVE DATE
SEC. 9. This Act shall become effective on the date of enactment.
Approved September 29, 1983.
LEGISLATIVE HISTORY-S.118:
SENATE REPORT No. 98-68 (Comm. on the Judiciary).
CONGRESSIONAL RECORD. Vol. 129 (1983):
July 18, considered and passed Senate.
Aug. 4, considered and passed House, amended.
Sept. 14, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 39 (1983):
Sept. 29, Presidential statement.
file
10292
CONGRESSIONAL RECORD SENATE
July 18, 1983
Even though I am not a psychologist.
jective of the Federal Reserve Board,
deavoring, in good faith, to negotiate with
and would not venture to analyze the
along with the President of the United
the Soviet Union a mutual and verifiable
psychology of Wall Street, I believe
States, is to insure a substantial and
ban on anti-satellite weapons: and (b) that,
that these expectations are a reality.
sustained recovery for our Nation.
pending agreement on such a ban, testing of
explosive or. inert anti-satellite warheads
They clearly cause investors major
With unemployment holding at 10
against objects in space by the United
anxieties, a factor in their demand for
percent, the status of our recovery is
States is necessary to avert clear and irrevo-
high premiums in terms of real inter-
too delicate to be tampered with. I am
cable harm to the national security.
est rates. We will not see a sustained
convinced that monetary policy must
recovery unless these anxieties are re-
be conducted in a way to acheve the
METZENBAUM (AND OTHERS)
duced.
lower level of interest rates so vital to
AMENDMENT NO. 1519
The first thing we have to do is to
our economic recovery and long term
bring these projected budget deficits
economic growth.
Mr. METZENBAUM (for himself,
down substantially, to accomplish this
Mr. President, today I am introduc-
Mr. PRYOR. and Mr. FORD) proposed an
we must reduce the rate of growth in
ing a resolution expressing the sense
amendment to the bill S. 675, supra; as
the Federal Government.
of the Senate that the Board of Gov-
follows:
I. for one, am prepared to consider
ernors of the Federal Reserve System,
At the end of part L of title 1 of the bill
some hard choices to achieve this goal.
along with the Secretary of the Treas-
insert the following new section:
For example, I was unable to support
ury and the Chairman of the Council
REQUIREMENT FOR THE USE OF COMPETITIVE
the first concurrent budget resolution
of Economic Advisers. should work to-
BIDDING PROCEDURES FOR THE LEASE OF CT-39
for fiscal year 1984 on both the Senate
gether to insure the compatibility of
REPLACEMENT AIRCRAFT
floor and earlier in the Senate Budget
fiscal and monetary policy and there-
SEC. None of the funds appropriated
Committee. It is my feeling that the
by to achieve a stable and vigorous
pursuant to an authorization of funds con-
budget resolution did not present a
economic recovery and a significant re-
tained in this Act may be used by the Air
spending-reduction plan that will lead
duction in the rate of unemployment.
Force for the lease of any CT-39 replace-
to the sustained economic recovery
In addition, the Open Market Commit-
ment aircraft unless competitive bidding
which should be our country's No. 1
tee of the Federal Reserve System is
procedures are followed in the awarding of
goal. I am prepared to look at all as-
the lease for such aircraft and the bidding
directed to use its authority in con-
pects of the Federal budget, including
on the lease is open to all qualified domestic
ducting open market operations to
firms. Such bidding procedures shall include
entitlements and defense spending as
promote the progressive reduction and
consideration of the total costs to the gov-
well as the revenue side, in order to
stabilization of real interest rates to a
ernment of leasing such aircraft, including
reduce the Federal deficit.
level commensurate with stable and
maintenance, logistics and training costs.
Mr. President, the Federal Reserve
vigorous economic growth and reduc-
Board too must be willing to play a
tion in the level of unemployment.
STAFFORD (AND OTHERS)
part in facilitating reduced interest
Our Nation's economic health is en-
AMENDMENT NO. 1520
rates and economic growth. The Fed-
dangered by the continuing collision
eral Reserve Board must be realistic
of our fiscal and monetary policies.
Mr. STAFFORD (for himself, Mr.
enough to allow the level of growth in
Therefore, I believe that it is urgent
ROTH, Mr. PELL, and Mr. RANDOLPH)
the money supply to accommodate the
for all policymaking groups to coordi-
proposed an amendment to the bill S.
lower interest rates so badly needed
nate their decisions and activities with
675, supra; as follows:
for our economic recovery to be main-
the single goal of economic recovery
On page 128, beginning with line 11. strike
tained. I realize that the tight mone-
foremost in their minds
out all through page 131, line 6. and insert
tary policy of the last 3½ years has
in lieu thereof the following:
helped us to lower inflation, but we
EXTENSION OF PERIOD FOR TRANSFER OF DE-
must not kill the patient with the cure
AMENDMENTS SUBMITTED
FENSE DEPENDENTS' EDUCATION SYSTEM TO
to this disease.
DEPARTMENT OF EDUCATION
I am not convineed that some easing
SEC. 1006. The first sentence of section
of monetary policy will inevitably lead
MILITARY PROCUREMENT
302(a) of the Department of Education Or-
to the type of inflation we saw in the
AUTHORIZATION. 1984
ganization Act (20 U.S.C. 3442) is amended
1970's. For one thing, capacity utiliza-
by striking out "May 4, 1984" and inserting
tion, labor supply and inventories are
in lieu thereof "May 4. 1986".
all at levels indicating that structural
TSONGAS (AND OTHERS)
inflationary pressures will not be re-
AMENDMENT NO. 1518
SUPPORT FOR MORATORIUM ON
peated. For another, some of the ex-
Mr. TSONGAS (for himself, Mr.
COMMERCIAL WHALING
ogenous factors causing inflation, such
PELL, Mr. MATHIAS, Mr. HART. Mr.
as quadrupling of oil prices and a spi-
CRANSTON, Mr. PROXMIRE, Mr. KENNE-
ralling series of wage settlements. are
DY, Mr. MELCHER, Mr. SARBANES, Mr.
PACKWOOD AMENDMENT NO.
not likely to be repeated in so extreme
RIEGLE. Mr. PRESSLER, and Mr. METZ-
1521
a fashion in the near future.
ENBAUM) proposed an amendment to
Finally, it is not entirely clear to me
the bill (S. 675) to authorize appropri-
Mr. BAKER (for Mr. PACKWOOD)
that the Federal Reserve Board can
ations for fiscal year 1984 for the
proposed an amendment to the resolu-
really control the supply of money as
Armed Forces for procurement, for re-
tion (S. Res. 174) to reaffirm support
closely as it would like. Changes in the
search, development, test, and evalua-
for the International Whaling Com-
financial services industry over the
tion, and for operations and mainte-
mission moratorium on commercial
past few years have made the defini-
nance. to prescribe personnel
whaling: as follows:
tion of money itself questionable. and
strengths for such fiscal year for the
On page 2. line 2. in the resolving clause
have made it difficult for the Fed to
Armed Forces and for civilian employ-
of such resolution. strike "directed" and
control the creation and growth of
ees of the Department of Defense, and
insert in lieu thereof "urged".
what it calls money. In these circum-
for other purposes; as follows:
stances, I do not believe we should
At the appropriate place in the bill insert
COMMISSION ON THE BICEN-
devote our exclusive attention to keep-
the following:
ing monetary growth within very
SEC. Notwithstanding any other provi-
TENNIAL OF THE CONSTITU-
narrow limits. It is a goal very hard to
sion of this Act or any other Act. none of
TION
achieve, and success in accomplishing
the funds appropriated pursuant to an au-
thorization contained in this Act or any
it can lead to very mixed results.
other Act may be obligated or expended to
HATCH AMENDMENT NO. 1522
Mr. President. the tight money
test any explosive or inert anti-satellite war-
policy of the early eighties is no longer
heads against objects in space unless the
Mr. BAKER (for Mr. HATCH) pro-
necessary or even healthy for our
President determines and certifies to the
posed an amendment to the bill (S.
economy. I believe that the No. 1 ob-
Congress (a) that the United States is en-
118) to provide for the establishment
July 18, 1983
CONGRESSIONAL RECORD-SENATE
10293
of a Commission on the Bicentennial
(b) The Commission is authorized to ap-
corporation, partnership. or other business
of the Constitution; as follows:
point and fix the compensation. without
organization.
Strike out all after the enacting clause
regard to the provisions of title 5, United
(3) The regulations prescribed under this
and insert in lieu thereof the following:
States Code, governing appointments in the
subsection shall include procedures for de-
"That there is established A commission on
competitive service, and without regard to
termining the value of donations of proper-
the Bicentennial of the United States Con-
chapter 51 and subchapter III of chapter 53
ty or personal services.
stitution, hereinafter referred to as the
of such title relating to classification and
(4) The limitations set forth in this sub-
"Commission"."
General Schedule pay rates, of such addi-
section shall not apply in the case of an or-
tional publicly paid personnel up to five per-
FINDINGS
ganization if it is an organization described
sons, as the Chairman finds necessary to
SEC. 2. The Congress finds that
in section 501(c)(3) of the Internal Revenue
carry out the purposes of this title. Such
(1) the bicentennial of the Constitutional
Code of 1954 (26 U.S.C. 501(c)(3)) and
personnel shall be compensated at a rate
Convention's adoption of the Constitution
exempt from taxation under section 501(a)
not to exceed a rate equal to the maximum
occurs on September 17, 1987;
of such Code.
rate of pay for GS-18 of the General Sched-
(2) the Constitution enunciates the limita-
ule under section 5332 of title 5, United
(i) The Commission may use the United
tions on government, the inalienable rights.
States Code.
States mails in the same manner and under
and the timeless principles of individual lib-
(c) Subject to the provisions of this sub-
the same conditions as other departments
erty and responsibility, and equality before
section, the Commission may appoint and
and agencies of the United States.
law, for the people of the United States of
fix the pay of such additional personnel to
(j) The Commission shall have the author-
America;
be paid out of private donations. An individ-
ity to design and use a logo as the offficial
(3) this document has set an enduring ex-
ual appointed to a position funded in such
emblem of the bicentennial. The Commis-
ample of representative democracy for the
manner shall be so designated at the time of
sion shall issue rules and regulations, in-
world: and
such individual's appointment. The Chair-
cluding penalties for unauthorized use, re-
(4) the maintenance of the common prin-
man may appoint such additional personnel
garding the use of such logo, except that
ciples that animate our Republic depend
as he deems appropriate. not to exceed
under those regulations. the Commission
upon a knowledge and understanding of
thirty staff members. If the Chairman
shall be prohibited from selling. leasing, or
their roots and origins.
deems it appropriate to make appointments
otherwise granting to any corporation or pri-
PURPOSE
in excess of such thirty-person limit, he
vate person the right to use the logo in con-
SEC. 3. It is the purpose of this Act to es-
shall notify the Chairman of the Committee
nection with the production or manufacture
tablish a Commission to promote and CO-
on Post Office and Civil Service in the
of any commercial goods. as part of an
ordinate activities to commemorate the bi-
House of Representatives and the Chairman
advertisement promoting any commercial
centennial of the Constitution.
of the Committee on the Judiciary in the
goods or services, or as part of an endorse-
MEMBERSHIP
Senate. If neither House Committee disap-
ment for any such goods or services.
SEC. 4. (a) The Commission shall be com-
proves the appointments in excess of the
DUTIES OF THE COMMISSION
posed of sixteen members as follows:
limit by an affirmative vote of the full com-
SEC. 6. (a) The Commission shall-
(1) thirteen members appointed by the
mittee within sixty days after receiving
notice of the appointments, the personnel
(1) plan and develop activities appropriate
President, three of whom shall be appointed
appointed in excess of the limit to be paid
to commemorate the bicentennial of the
from among the recommendations made by
the Speaker of the House of Representa-
out of private donations shall become per-
Constitution, including a limited number of
tives (in consultation with the minority
manent personnel.
projects to be undertaken by the Federal
(d) Each member of the Commission shall
Government seeking to harmonize and bal-
leader of the House of Representatives).
serve without being compensated as a
ance the important goals of ceremony and
three of whom shall be appointed from
member of such Commission, except that
celebration with the equally important
among the recommendations made by the
President pro tempore of the Senate, in con-
each member shall be reimbursed for travel,
goals of scholarship and education;
sultation with the majority leader and mi-
subsistence. and other necessary expenses
(2) encourage private organizations, and
incurred by them in the performance of
State and local governments to organize and
nority leader of the Senate, and three of
their duties.
participate in bicentennial activities com-
whom shall be appointed from among the
(e)(1) Upon request of the Commission,
memorating or examining the drafting. rati-
recommendations made by the Chief Justice
the head of any Federal agency may detail
fication, and history of the Constitution and
of the United States:
(2) the Chief Justice of the United States.
any of the personnel of such agency to the
the specific features of the document:
or his designee;
Commission to assist the Commission in car-
(3) coordinate, generally, activities
rying out its duties under this Act. Details
throughout all of the States; and
(3) the President pro tempore of the
Senate. or his designee; and
under this subsection shall be without reim-
(4) serve as a clearinghouse for the collec-
(4) the Speaker of the House of Repre-
bursement by the Commission to the agency
tion and dissemination of information about
sentatives. or his designee.
from which the employee concerned was de-
bicentennial events and plans.
(b) Each of the individuals making recom-
tailed.
(b) In planning and implementing appro-
mendations to the President regarding ap-
(2) The Commission may accept the serv-
priate activities to commemorate the bicen-
pointments shall seek to achieve a balanced
ices of not to exceed twenty employees
tennial. the Commission shall give due con-
membership representing, to the maximum
under this subsection at any time.
sideration to-
extent practicable. the Nation as a whole.
(f) The Commission is authorized to pro-
(1) the historical setting in which the
The Commission members shall be chosen
cure supplies, services, and property, and
Constitution was developed and ratified, in-
from among individuals who have demon-
make contracts, in any fiscal year, only to
cluding such antecedents as the Federalist
strated scholarship, a strong sense of public
such extent or in such amounts as are pro-
Papers. the Articles of the Confederation.
service. expertise in the learned professions.
vided in appropriation Acts or are donated
and the ratification debates in the States;
and abilities likely to contribute to the ful-
pursuant to subsection (h) of this section.
(2) the contribution of diverse ethnic and
fillment of the duties of the Commission.
(g) The Commission is authorized to enter
racial groups;
(c) Members of the Commission shall be
into agreements with the General Services
appointed for the life of the Commission.
Administration for procurement of neces-
(3) the relationship and historical develop-
ment of the three branches of the Govern-
(d) The Commission shall select a chair-
sary financial and administrative services.
ment:
man from among its members who shall
for which payment shall be made by reim-
bursement from funds of the Commission in
(4) the importance of activities concerning
serve as Chairman for the life of the Com-
mission.
such amounts as may be agreed upon by the
the Constitution and citizenship education
(e) Eight members of the Commission
Chairman and the Administrator of the
throughout all of the States regardless of
when such States achieved statehood:
shall constitute a quorum, but a lesser
General Services Administration.
(h)(1) The Commission is authorized to
(5) the unique achievements and contribu-
number may conduct meetings.
accept. use, solicit, and dispose of donations
tions of the participants in the Constitu-
(f) A vacancy in the Commission resulting
from the death or resignation of a member
of money, property. or personal services.
tional Convention of 1787 and the State
ratification proceedings:
shall not affect its powers. and shall be
(2) The Commission shall prescribe regu-
filled in the same manner in which the
lations under which the Commission may
(6) the diverse legal and philosophical
original appointment was made.
accept donations of money. property. or per-
views regarding the Constitution;
sonal services. except that under such regu-
(7) the need for reflection upon both aca-
ADMINISTRATIVE PROVISIONS AND POWERS
lations. the Commission may not accept do-
demic and scholarly views of the Constitu-
SEC. 5. (a) The Commission shall appoint a
nations-
tion and the principle that the document
staff director who shall be paid at a rate not
(A) the value of which exceeds $25,000 an-
must be understood by the general public:
to exceed the rate of basic pay provided for
nually. in the case of donations from an in-
(8) the substantive provisions of the Con-
level I.of the Executive Schedule pursuant
dividual: or
stitution itself:
to section 5312 of title 5. United States
(B) the value of which exceeds $100,000
Code.
annually. in the case of donations from a
S 10294
CONGRESSIONAL RECORD - SENATE
July 18, 1983
(9) the impact of the Constitution on
the session of the Senate on Tuesday,
count local conditions and needs.
American life and government:
July 19, to hold a hearing entitled
While phone companies must, of
(10) the need to encourage appropriate
"Export of Alaskan Crude Oil-For-
course, respond to expanding technol-
educational curriculums designed to educate
students at all levels of learning on the
eign Policy Implications."
ogy the exact rate of depreciation can
drafting, ratification, and history of the
The PRESIDING OFFICER. With-
best be set by State officials reflecting
Constitution and the specific provisions of
out objection, is is so ordered.
local situations.
that document: and
COMMITTEE ON ENVIRONMENT AND PUBLIC
A third part of the rate increases re-
(11) the significance of the principles and
WORKS
quests is due to the Federal Communi-
institutions of the Constitution to other na-
Mr. BAKER. Mr. President, I ask
cations Commission's decision last
tions and their citizens.
unanimous consent that the Commit-
(c) The Commission shall seek the cooper-
year that an access charge for the cost
tee on Environment and Public Works
ation, advice, and assistance from both pri-
of linking local with long distance
vate and governmental agencies and organi-
be authorized to meet during the ses-
service would be placed on the local
zations, including the National Endowment
sion of the Senate on Tuesday. July
customer-whether or not they ever
for the Arts, the National Endowment for
19, to hold a hearing on non-point
make a long distance call. The goal of
the Humanities, the Library of Congress.
source water pollution.
the FCC rule-to remove incentives to
the Smithsonian Institution. the National
The PRESIDING OFFICER. With-
bypass the telephone system-is laud-
Archives, the Department of the Interior,
out objection, it is so ordered.
State and local governments. learned soci-
able. In attempting to solve one prob-
SUBCOMMITTEE ON CONSUMER AFFAIRS
eties, academic institutions, and historical.
lem, however, the FCC has accentuat-
patriotic, philanthropic, civic, and profes-
Mr. BAKER. Mr. President, I ask
ed another-the cost of phone service
sional groups, and bar associations.
unanimous consent that the Subcom-
to the local customer.
(d) The Commission may, in carrying out
mittee on Consumer Affairs of the
One of the basic tenets of our na-
the purposes of this Act, delegate authority
Committee on Banking. Housing. and
tional telecommunications policy has,
to State advisory commissions to assist in
Urban Affairs be authorized to meet
implementing this Act.
always been universal service at affor-
on Tuesday. July 19, to hold a hearing
(c) Within two years after the date of en-
dable rates. And we have always
on S. 1152, the Consumer Lease and
actment of this Act, the Commission shall
achieved both and in the bargain de-
submit to the President and each House of
Rental Purchase Act.
veloped the finest telephone system in
the Congress and the Judicial Conference of
The PRESIDING OFFICER. With-
the world.
the United States a comprehensive report
out objection, it is SO ordered.
The AT&T divestiture case and the
incorporating specific recommendations of
the Commission for commemoration and CO.
resulting FCC rules have called into
ordination of the bicentennial and related
ADDITIONAL STATEMENTS
question the affordability of that serv-
activities. Such report shall include recom-
TELEPHONE RATE INCREASES
ice. It is plain fact that residential
mendations for publications. scholarly proj-
service has always been, in effect, sub-
ects, conferences, programs. films. libraries,
Mr. SASSER. Mr. President, be-
sidized by higher profit services-such
exhibits, ceremonies, and other projects.
cause of the wave of telephone-rate-in-
as long distance. In the new, unregu-
competitions and awards, and a calendar of
crease requests now pending across
lated world of telecommunications
major activities and events planned to com-
the Nation-requests which will send
memorate specific historical dates. Each
that will exist after next January
local telephone bills skyrocketing-I
year after such comprehensive report. the
much of the cost of residential and
Commission shall submit an annual report
have found it necessary to introduce S.
small business service will be borne by
to the President, each House of the Con-
1626. a bill designed to insure contin-
those customers.
gress, and the Judicial Conference until
ued universal telephone service at rea-
I think it would be foolish of us to
such Commission termiates.
sonable rates for American consumers.
think that we can deal with all the
TERMINATION
I am pleased that Senator STAFFORD.
side issues of divestiture without con-
SEC. 7. The Commission shall terminate
Senator FORD, and Senator BINGAMAN
sidering their impact on our basic na-
on December 31, 1989.
are joining me in this legislative initia-
tional policy. If we wish to maintain
tive.
AUTHORIZATION OF APPROPRIATIONS
universal service at affordable rates
SEC. 8. There are authorized to be appro-
States across the country are facing
then we must honestly admit that a
priated to carry out the purposes of this Act
requests for tremendous increases in
mechanism must be found to offset
$300,000 for fiscal year 1984 and such sums
telephone rates. In my my own State
the high costs of residential service.
as may be necessary for the subsequent
of Tennessee, South Central Bell has
Most of the legislation which has been
fiscal years through fiscal year 1989.
asked for a $280 million increase. This
introduced SO far has capped phone
EFFECTIVE DATE
would mean in many cases a doubling
rates at some percentage of the na-
Sec. 9. This Act shall become effective on
of phone bills. In Texas, Southwest
tional rate-110 or 115 percent.
the date of enactment.
Bell is asking for over $1 billion in rate
hikes. There is a $233 million increase
The underlying question remains to
pending in Missouri. Nationwide, as of
be addressed, however, 110 percent of
AUTHORITY FOR COMMITTEES
May, some $4.5 billion in rate in-
what? We can put a phone into virtu-
TO MEET
creases were pending. And the amount
ally every house in this country. The
SUBCOMMITTEE ON WESTERN HEMISPHERE
has continued to increase.
question is: Will anybody be able to
AFFAIRS
There are several reasons behind
afford to pick it up?
Mr. BAKER. Mr. President, 1 ask
these requests. One is the tremendous
Mr. President, I am under no illusion
unanimous consent that the Subcom-
surge in the pace of technology. The
that S. 1626, or indeed any bill, is a
mittee on Western Hemisphere Affairs
state of the art today is passé in 4 or 5
panacea for the problem of increased
of the Committee on Foreign Rela-
years. In the phrase used to describe
phone rates. Phone rates will go up
tions be authorized to meet during the
space technology: if it works it is obso-
whatever Congress does. What we can
session of the Senate on Monday, July
lete. Telephone companies, faced with
do is mitigate those increased and to
18, to receive a top secret briefing
the need to constantly upgrade their
reverse agency decisions which have
from Ambassador Stone on the topic
equipment, have included moderniza-
the effect of undoing our national
of Central America.
tion of equipment as a large portion of
telephone policy of universal service at
The PRESIDING OFFICER. With-
the rate increase requests.
affordable rates.
out objection, it is so ordered.
A second issue, related to technol-
I have developed this legislation at
SUBCOMMITTEE ON EAST ASIAN AND PACIFIC
ogy, is the desire of the phone compa-
the request of the Tennessee Public
AFFAIRS
nies to depreciate their equipment at a
Service Commission. It addresses the
Mr. BAKER. Mr. President, I ask
faster pace. The Federal Communica-
major concerns they have raised. I am
unanimous consent that the Subcom-
tions Commission has issued a rule
sure that if my colleagues will check
mittee on East Asian and Pacific Af-
that under divestiture equipment will
with the utilities officials in. their
fairs, of the Foreign Relations Com-
be depreciated at a national average.
States they will find the same prob-
mittee be authorized to meet during
This, however, fails to take into ac-
lems.
July 18, 1983
CONGRESSIONAL RECORD - SENATE
10311
The amendment (No. 1521) was
have filed objections to realize that
STAR PRINT-S. 979
agreed to.
their best course lies in cooperating
Mr. BAKER. Madam President, I
Mr. BAKER. Madam President, I
with the majority of nations who have
ask unanimous consent that S. 979 be
have a list of cosponsors to this bill,
decided that commercial whaling
star printed to reflect the following
and I ask unanimous consent that the
should cease. This issue continues to
changes, which I send to the desk.
named Senators be added as cospon-
be a major irritant to relations be-
The PRESIDING OFFICER. Is
sors and that their names appear in
tween the United States and those na-
there objection? The Chair hears
the RECORD in conjunction with the
tions which have filed objections.
none, and it is so ordered.
consideration of this matter.
Given the economic insignificance of
The PRESIDING OFFICER. With-
commercial whaling when compared
out objection, it is so ordered.
to our other economic relations with
BICENTENNIAL OF THE
The cosponsors are as follows:
those nations, it seems to me that it
CONSTITUTION
COSPONSORS FOR SENATE RESOLUTION 174
would be wise for them to accede to
Mr. BAKER. Madam President. I
Senators Percy, Pell. Chiles, Cohen,
the will of the majority on this
say to the minority leader that I pro-
Bumpers, Heinz, Chafee, Rudman, Ran-
matter.
pose to proceed to the consideration of
dolph, Riegle, Moynihan. Nunn, Jackson,
I thank my colleagues for this op-
Kasten, Wallop. Huddleston, Weicker.
S. 118, if that matter is cleared on his
Gorton, Inouye. Goldwater, Levin, Pressler.
portunity and I ask for their support
side of the aisle.
Lugar, Roth, Mitchell, Hecht, Stafford,
of Senate Resolution 174.
Mr. BYRD. Madam President, that
Cochran, Sarbanes. Abdnor, Specter.
The PRESIDING OFFICER. The
matter is cleared.
Baucus. Cranston. Dodd. Hawkins. Hatfield.
question is on agreeing to the resolu-
Mr. BAKER. I thank the Senator.
Kassebaum. Warner. Pryor, Boschwitz, De-
tion, as amended.
Madam President, I ask that the
Concini, Proxmire, Matsunaga, Baker.
The resolution, as amended, was
Chair lay before the Senate Calendar
Melcher, Metzenbaum. and Dole.
agreed to.
Order No. 108, S. 118.
Mr. PACKWOOD. Mr. President. I
The preamble was agreed to.
The PRESIDING OFFICER. The
am today asking for Senate passage of
The resolution, as amended, with its
bill will be stated by title.
Senate Resolution 174, a resolation re-
preamble, is as follows:
The assistant legislative clerk read
garding commercial whaling. A great
S. RES. 174
as follows:
many of my colleagues and I have
Whereas millions of American citizens and
A bill (S. 118) to provide for the establish-
been working on this issue for many
millions of citizens worldwide have demand-
ment of a Commission on the Bicentennial
years. A major victory was won last
ed an end to the destruction of whales by
of the Constitution.
year at the annual meeting of the In-
commercial whalers:
The PRESIDING OFFICER. Is
ternational Whaling Commission
Whereas, in 1971, the Senate and the
when that body voted to impose a
House passed concurrent resolutions calling
there objection to the immediate con-
moratorium on commercial whaling.
for negotiation of a moratorium on commer-
sideration of the bill?
This moratorium is set to begin Tate
cial whaling:
There being no objection. the Senate
1985.
Whereas a similar whaling resolution was
proceeded to consider the bill, which
Unfortunately, four nations filed ob-
adopted by the Stockholm Conference on
had been reported from the Commit-
the Human Environment in 1972:
jections to the moratorium decision,
tee on the Judiciary with amend-
Whereas every President since 1971 has
an action which threatens the effec-
ments.
emphatically reaffirmed United States sup-
tiveness of the decision. Those four
Mr. BAKER. Madam President.
port for a moratorium on commercial whal-
nations are Japan, Norway. Peru. and
there are committee amendments
ing in letters to the International Whaling
the Soviet Union. It is important that
Commission:
which I am instructed to request be
we let these nations know that the re-
Whereas President Reagan also sent such
withdrawn.
solve of the United States remains
a letter to the International Whaling Com-
The PRESIDING OFFICER. Is
firm and that we are committed to
mission on July 17. 1981;
there objection? The Chair hears
seeing the moratorium through to its
Whereas the epochal decision of the In-
none. and it is so ordered.
ternational Whaling Commission in July
complete implementation.
AMENDMENT NO. 1522
1982 to indefinitely halt commercial whal-
For this reason, I ask that the
ing beginning in 1986 has been threatened
(Purpose: To make technical and other
Senate act favorably on Senate Reso-
by the Soviet Union. Japan, Norway, and
amendments)
lution 174. The resolution does not
Peru who have filed objections to the deci-
Mr. BAKER. Madam President, I
break any new ground on the whaling
sion: and
send to the desk an amendment on
front. It simply reaffirms 12 years of
Whereas sixty-six United States Senators
behalf of the distinguished Senator
U.S. support for a cessation of com-
joined in a letter to the Secretary of Com-
from Utah (Mr. HATCH).
mercial whaling. It also calls on the
merce in August 1982 calling for use of the
The PRESIDING OFFICER. The
Secretaries of State and Commerce to
Pelly and Packwood-Magnuson amendments
and other means available to us to obtain
amendment will be stated.
continue their diligent efforts to see
worldwide compliance with the Internation-
The assistant legislative clerk read
that the moratorium is effectively im-
al Whaling Commission decision and a simi-
as follows:
plemented and observed. There are a
lar view has been expressed by Members of
The Senator from Tennessee (Mr. BAKER).
variety of sanctions in U.S. law which
the House of Representatives: Now. there-
on behalf of Mr. HATCH. proposes an amend-
are available to us if the moratorium
fore, be it
ment numbered 1522.
is threatened, and it is my view that
Resolved. That the Secretary of State and
Mr. BAKER. Madam President, I
we should not hesitate to use these
the Secretary of Commerce are urged to
continue to use all diplomatic and legal
ask unanimous consent that further
measures.
means to achieve worldwide compliance
reading of the amendment be dis-
This year's International Whaling
with the International Whaling Commission
pensed with.
Commission meeting begins on
moratorium decision, including use of the
The PRESIDING OFFICER. With-
Monday. July 18, in Brighton. Eng-
Pelly amendment to the Fishermen's Pro-
out objection, it is so ordered.
land. It is my hope that the full
tective Act, the Packwood-Magnuson
The amendment is as follows:
Senate will agree to send a message
amendment to the Magnuson Fishery Con-
Strike out all after the enacting clause
that the United States has not altered
servation and Management Act. and any
and insert in lieu thereof the following:
its policy regarding a whaling morato-
other appropriate legal tools.
That there is established a Commission on
rium. We should also be willing to
Mr. BAKER. Madam President, I
the Bicentennial of the United States Con-
make it clear to all IWC members that
move to reconsider the vote by which
stitution, hereinafter referred to as the
we intend to back up this policy with
the resolution was agreed to.
"Commission".
positive action if necessary.
Mr. BYRD. I move to lay that
FINDINGS
Let me also say that it is my sincere
motion on the table.
SEC. 2 The Congress finds that-
hope that such action will never be
The motion to lay on the table was
(1) the bicentennial of the Constitutional
necessary. The ideal outcome on this
agreed to.
Convention's adoption of the Constitution
issue would be for the nations which
occurs on September 17, 1987;
10312
CONGRESSIONAL RECORD - SENATE
July 18, 1983
(2) the Constitution enunciates the limita-
rate of pay for GS-18 of the General Sched-
(1) The Commission may use the United
tions on government, the inalienable rights,
ule under section 5332 of title 5, United
States mails in the same manner and under
and the timeless principles of individual lib-
States Code.
the same conditions as other departments
erty and responsibility, and equality before
(c) Subject to the provisions of this sub-
and agencies of the United States.
law, for the people of the United States of
section, the Commission may appoint and
(j) The Commission shall have the author-
America;
fix the pay of such additional personnel to
ity to design and use a logo as the official
(3) this document has set an enduring ex-
be paid out of private donations. An individ-
emblem of the bicentennial. The Commis-
ample of representative democracy for the
ual appointed to a position funded in such
sion shall issue rules and regulations. in-
world; and
manner shall be so designated at the time of
cluding penalties for unauthorized use, re-
(4) the maintenance of the common prin-
such individual's appointment. The Chair-
garding the use of such logo, except that
ciples that animate our Republic depend
man may appoint such additional personnel
under those regulations, the Commission
upon a knowledge and understanding of
as he deems appropriate, not to exceed
shall be prohibited from selling, leasing, or
their roots and origins.
thirty staff members. If the Chairman
otherwise granting to any corporation or
PURPOSE
deems it appropriate to make appointments
private person the right to use the logo in
in excess of such thirty-person limit, he
SEC. 3. It is the purpose of this act to es-
connection with the production or manufac-
shall notify the Chairman of the Committee
tablish a Commission to promote and CO-
ture of any commercial goods, as part of an
on Post Office and Civil Service in the
ordinate activities to commemorate the bi-
advertisement promoting any commercial
House of Representatives and the Chairman
centennial of the Constitution.
goods or services, or as part of an endorse-
of the Committee on the Judiciary in the
ment for any such goods or services.
MEMBERSHIP
Senate. If neither House Committee disap-
DUTIES OF THE COMMISISON
SEC. 4. (a) The Commission shall be com-
proves the appointments in excess of the
posed of sixteen members as follows:
limit by an affirmative vote of the full com-
SEC. 6. (a) The Commission shall-
(1) thirteen members appointed by the
mittee within sixty days after receiving
(1) plan and develop activities appropriate
President, three of whom shall be appointed
notice of the appointments, the personnel
to commemorate the bicentennial of the
from among the recommendations made by
appointed in excess of the limit to be paid
Constitution, including a limited number of
the Speaker of the House of Representa-
out of private donations shall become per-
projects to by undertaken by the Federal
tives (in consultation with the minority
manent personnel.
Government seeking to harmonize and bal-
leader of the House of Representatives),
(d) Each member of the Commission shall
ance the important goals of ceremony and
three of whom shall be appointed from
serve without being compensated as a
celebration with the equaly important goals
among the recommendations made by the
member of such Commission, except that
of scholarship and education;
President pro tempore of the Senate, in con-
each member shall be reimbursed for travel,
(2) encourage private organizations, and
sultation with the majority leader and mi-
subsistence, and other necessary expenses
State and local governments to organize and
nority leader of the Senate, and three of
incurred by them in the performance of
participate in bicentennial activities com-
whom shall be appointed from among the
their duties.
memorating or examining the drafting. rati-
recommendations made by the Chief Justice
(e)(1) Upon request of the Commission.
fication, and history of the Constitution and
of the United States:
the head of any Federal agency may detail
the specific features of the document;
(2) the Chief Justice of the United States,
any of the personnel of such agency to the
(3) coordinate, generally. activities
or his designee;
Commission to assist the Commission in car-
throughout all of the States; and
(3) the President pro tempore of the
rying out its duties under this Act. Details
(4) serve as a clearinghouse for the collec-
Senate. or his designee: and
under this subsection shall be without reim-
tion and dissemination of information about
(4) the Speaker of the House of Repre-
bursement by the Commission to the agency
bicentennial events and plans.
sentatives. or his designee.
from which the employee concerned was de-
(b) In planning and implementing appro-
(b) Each of the individuals making recom-
tailed.
priate activities to commemorate the bicen-
mendations to the President regarding ap-
(2) The Commission may accept the serv-
tennial. the Commission shall give due con-
pointments shall seek to achieve a balanced
ices of not to exceed twenty employees
sideration to-
membership representing, to the maximum
under this subsection at any time.
(1) the historical setting in which the
extent practicable. the Nation as a whole.
(f) The Commission is authorized to pro-
Constitution was developed and ratified, in-
The Commission members shall be chosen
cure supplies, services, and property, and
cluding such antecedents as the Federalist
from among individuals who have demon-
make contracts. in any fiscal year. only to
Papers, the Articles of the Confederation.
strated scholarship, a strong sense of public
such extent or in such amounts as are pro-
and the ratification debate in the States:
service. expertise in the learned professions.
vided in appropriation Acts or are donated
(2) the contribution of diverse ethnic and
and abilities likely to contribute to the ful-
pursuant to subsection (h) of this section.
racial groups;
fillment of the duties of the Commission.
(g) The Commission is authorized to enter
(3) the ralationship and historical devel-
(c) Members of the Commission shall be
into agreements with the General Services
opment of the three branches of the Gov-
appointed for the life of the Commission.
Administration for procurement of neces-
ernment:
(d) The Commission shall select a chair-
sary financial and administrative services.
(4) the importance of activities concerning
man from among its members who shall
for which payment shall be made by reim-
the Constitution and citizenship education
serve as Chairman for the life of the Com-
bursement from funds of the Commission in
throughout all of the States regardless of
mission.
such amounts as may be agreed upon by the
when such State achieved statehood:
(e) Eight members of the Commission
Chairman and the Administrator of the
(5) the unique achievements and contribu-
shall constitute a quorum, but a lesser
General Services Administration.
tions of the participants in the Constitu-
number may conduct meetings.
(h)(1) The Commission is authorized to
tional Convention of 1787 and the State
(f) A vacancy in the Commission resulting
accept. use. solicit, and dispose of donations
ratification proceedings;
from the death or resignation of a member
of money, property. or personal services.
(2) The Commission shall prescribe regu-
(6) the diverse legal and philosophical
shall not affect its powers, and shall be
filled in the same manner in which the
lations under which the Commission may
views regarding the Constitution;
original appointment was made.
accept donations of money, property, or per-
(7) the need for reflection upon both aca-
sonal services, except that under such regu-
demic and scholarly views of the Constitu-
ADMINISTRATIVE PROVISIONS AND POWERS
lations, the Commission may not accept do-
tion and the principle that the document
SEC. 5. (a) The Commission shall appoint a
nations-
must be understood by the general public:
staff director who shall be paid at a rate not
(A) the value of which exceeds $25,000 an-
(8) the substantive provisions of the Con-
to exceed the rate of basic pay provided for
nually, in the case of donations from an in-
stitution itself:
level I of the Executive Schedule pursuant
dividual: or
(9) the impact of the Constitution on
to section 5312 of title 5. United States
(B) the value of which exceeds $100,000
American life and government;
Code.
annually, in the case of donations from a
(10) the need to encourage appropriate
(b) The Commission is authorized to ap-
corporation. partnership, or other business
educational curriculums designed to educate
point and fix the compensation. without
organization.
students at all levels of learning on the
regard to the provisions of title 5. United
(3) The regulations prescribed under this
drafting. ratification, and history of the
States Code, governing appointments in the
subsection shall include procedures for de-
Constitution and the specific provisions of
competitive service, and without regard to
termining the value of donations of proper-
that document; and
chapter 51 and subchapter III of chapter 53
ty or personal services.
(11) the significance of the principles and
of such title relating to classification and
(4) The limitations set forth in this sub-
institutions of the Constitution to other na-
General Schedule pay rates. of such addi-
section shall not apply in the case of an or-
tions and their citizens.
tional publicly paid personnel up to five per-
ganization if it is an organization described
(c) The Commission shall seek the cooper-
sons, as the Chairman finds necessary to
in section 501 (c) (3) of the Internal Reve-
ation, advice, and assistance from both pri-
carry out the purposes of this title. Such
nue Code of 1954 (26 U.S.C. 501 (c)(3)), and
vate and governmental agencies and organi-
personnel shall be compensated at a rate
exempt from taxation under section 501 (a)
zations, including the National Endowment
not to exceed a rate equal to the maximum
of such Code.
for the Arts. the National Endowment for
July 18, 1983
CONGRESSIONAL RECORD - SENATE
10313
the Humanities, the Library of Congress.
of the people, for the people," its func-
The single most important key to a
the Smithsonian Institution, the National
tion and survival depend very directly
successful national celebration is an
Archives, the Department of the Interior.
on the capacity of those people to con-
expression from the entity that repre-
State and local governments. learned soci-
eties. academic institutions, and historical.
vert an understanding of our constitu-
sents all of the people of the United
patriotic, philanthropic, civic. and profes-
tional system into self-government and
States. In short, Congress. by creating
sional groups. and bar associations.
citizen participation. Our free Repub-
a Federal Bicentennial Commission,
(d) The Commission may. in carrying out
lic depends on citizens to vote respon-
must acknowledge our need to reedu-
the purposes of this Act, delegate authority
sibly, to hold public offices, to serve in
cate and rededicate ourselves to the
to State advisory commissions to assist in
the Armed Forces, to give testimony at
principles of the document that has
implementing this Act.
public hearings, to participate in trials
guaranteed the longevity of our grand
(c) Within two years after the date of en-
as jurors or witnesses, to engage in dis-
experiment in self government. S. 118
actment of this Act, the Commission shall
cussions of public affairs. to offer vol-
submit to the President and each House of
does not ask for vast resources, but it
untary service within their communi-
the Congress and the Judicial Conference of
does ask us to recognize what Prime
the United States a comprehensive report
ties, and to raise the responsible citi-
Minister William Gladstone of Britain,
incorporating specific recommendations of
zens of the future within their fami-
on the occasion of the Constitution's
the Commission for commemoration and CO-
lies. Without a working knowledge of
centennial. called the most remarkable
ordination of the bicentennial and related
our charter of freedoms and voluntary
work known to me in modern times to
activities. Such report shall include recom-
activities in conjunction with such un-
have been produced by the human in-
mendations for publications. scholarly proj-
derstanding, our participatory Govern-
tellect.
ects, conferences, programs. films. libraries.
ment would soon perish. Our Govern-
exhibits, ceremonies. and other projects.
The PRESIDING OFFICER. The
ment is only as strong as the under-
competitions and awards, and a calendar of
bill is open to further amendment. If
standing and will of the people who
major activities and events planned to com-
there be no further amendment to be
memorate specific historical dates. Each
comprise it. In a real sense, I would
proposed, the question is on the en-
year after such comprehensive report. the
maintain, the educational prospects of
grossment and third reading of the
Commission shall submit an annual report
this bicentennial comprise a "national
bill.
to the President, each House of the Con-
defense" program.
The bill was ordered to be engrossed
gress, and the Judicial Conference until
With this in mind, the bicentennial
such Commission terminates.
celebration contemplated by S. 118
for a third reading, was read the third
consists of more enduring activities
time, and passed as follows:
TERMINATION
SEC. 7. The Commission shall terminate
than a series of pyrotechnic displays
S. 118
on December 31, 1989.
and parades. While celebrating activi-
Be it enacted by the Senate and House of
AUTHORIZATION OF APPROPRIATIONS
ties are important to rekindle our na-
Representatives of the United States of
SEC. 8. There are authorized to be appro-
tional pride in the Constitution, a na-
America in Congress assembled, That there
priated to carry out the purposes of this Act
tional reexamination of our Nation's
is established a Commission on the Bicen-
tennial of the United States Constitution.
$300,000 for fiscal year 1984 and such sums
common principles and their embodi-
hereinafter referred to as the "Commis-
as may be necessary for the subsequent
ment in the language of the Constitu-
sion".
fiscal years through fiscal year 1989.
tion is perhaps more important.
FINDINGS
EFFECTIVE DATE
The bicentennial contemplated by S.
SEC. 9. This Act shall become effective on
118 is true to the Constitution's princi-
SEC. 2. The Congress finds that-
the date of enactment.
ple of federalism in that it recognizes
(1) the bicentennial of the Constitutional
Mr. BAKER. I might say that the
a pivotal role for the States. The Fed-
Convention's adoption of the Constitution
amendment just sent to the desk on
on September 17. 1987;
eral Bicentennial Commission will
behalf of Senator HATCH is in the
(2) the Constitution enunciates the limita-
indeed play an important role as a CO-
tions on government. the inalienable rights,
nature of a substitute, and I am told it
ordinator, but will undertake only a
and the timeless principles of individual lib-
includes the substance of the commit-
"limited number" of worthy projects.
erty and responsibility, and equality before
tee amendments which were with-
States, on the other hand, should per-
law, for the people of the United States of
drawn.
ceive no limits on the activities within
America:
The PRESIDING OFFICER. The
the will of their citizens.
(3) this document has set an enduring ex-
question is on agreeing to the amend-
The bicentennial contemplated by S.
ample of representative democracy for the
ment.
118 is also true to the Constitution's
world; and
The amendment (No. 1522) was
principle of limited National Govern-
(4) the maintenance of the common prin-
agreed to.
ment in that it recognizes a leading
ciples that animate our Republic depend
Mr. HATCH. Mr. President. this bi-
upon a knowledge and understanding of
role for the private sector. Private or-
their roots and origins.
centennial commemoration draws nigh
ganizations throughout the Nation
at a time when it is desperately needed
PURPOSE
will perhaps carry the greatest weight
to reinvigorate our national under-
in making this commemoration signifi-
SEC. 3. It is the purpose of this Act to es-
standing and commitment to the basic
cant. Indeed even the Commission
tablish a Commission to promote and CO-
ordinate activities to commemorate the bi-
principles that animate our Republic.
itself will depend on the contributions
centennial of the Constitution.
During hearings held last Congress
of private citizens and organizations to
this subcommittee learned that test
finance many of its activities. The
MEMBERSHIP
scores measuring the basic comprehen-
Federal Commission should encourage
SEC. 4. (a) The Commission shall be com-
sion of the duties of citizenship had
private activities to make the Consti-
posed of sixteen members as follows:
declined from 1969 to 1976. For exam-
tution's message meaningful in each of
(1) thirteen members appointed by the
ple, only a little more than half of the
America's communities and homes.
President. three of whom shall be appointed
from among the recommendations made by
17-year-olds and 32 percent of the 13-
The bicentennial contemplated by S.
the Speaker of the House of Representa-
year-olds knew that each State has
118 is also true to the Constitution's
tives (in consultation with the minority
two Senators. Thus, students who are
respect for a diversity of thought and
leader of the House of Representatives).
within a year of voting do not know
expression. The Federal Commission
three of whom shall be appointed from
some of the most rudimentary aspects
will not espouse any single, narrow
among the recommendations made by the
of master plan developed in 1789 to
view of what is most important about
President pro tempore of the Senate. in con-
protect the liberties enunciated by the
the Constitution or its development.
sultation with the majority leader and mi-
Declaration of Independence.
The Federal Commission's focus
nority leader of the Senate, and three of
whom shall be appointed from among the
This bicentennial presents a once-in-
should be on the man and women of
recommendations made by the Chief Justice
a-lifetime opportunity to correct these
1787 and the events that shaped the
of the United States;
dire educational deficiencies and
provisions of our Nation's founda-
(2) the Chief Justice of the United States,
foster a better understanding of our
tional document, not the proposed leg-
or his designee;
representative Government. Because
islative agenda of any single party or
(3) the President pro tempore of the
ours is a "government by the people,
group.
Senate, or his designee; and
10314
CONGRESSIONAL RECORD - SENATE
July 18, 1983
(4) the Speaker of the House of Repre-
under this subsection shall be without reim-
(4) serve as a clearinghouse for the collec-
sentatives, or his designee.
bursement by the Commission to the agency
tion and dissemination of information about
(b) Each of the individuals making recom-
from which the employee concerned was de-
bicentennial events and plans.
mendations to the President regarding ap-
tailed.
(b) In planning and implementing appro-
pointments shall seek to achieve a balanced
(2) The Commission may accept the serv-
priate activities to commemorate the bicen-
membership representing, to the maximum
ices of not to exceed twenty employees
tennial, the Commission shall give due con-
extent practicable. the Nation as a whole.
under this subsection at any time.
sideration to-
The Commission members shall be chosen
(f) The Commission is authorized to pro-
(1) the historical setting in which the
from among individuals who have demon-
cure supplies. services. and property, and
Constitution was developed and ratified, in-
strated scholarship. a strong sense of public
make contracts, in any fiscal year, only to
cluding such antecedents as the Federalist
service, expertise in the learned professions,
such extent or in such amounts as are pro-
Papers, the Articles of the Confederation.
and abilities likely to contribute to the ful-
vided in appropriation Acts or are donated
and the ratification debates in the States;
fillment of the duties of the Commission.
pursuant to subsection (h) of this section.
(2) the contribution of diverse ethnic and
(c) members of the duties of the Commis-
(g) The Commission is authorized to enter
racial groups:
sion shall be appointed for the life of the
into agreements with the General Services
(3) the relationship and historical develop-
Commission.
Administration for procurement of neces-
ment of the three branches of the Govern-
(d) The Commission shall select a chair-
sary financial and administrative services,
ment;
man from among its members who shall
for which payment shall be made by reim-
(4) the importance of activities concerning
serve as Chairman for the life of the Com-
bursement from funds of the Commission in
the Constitution and citizenship education
mission.
such amounts as may be agreed upon by the
throughout all of the States regardless of
(e) Eight members of the Commission
Chairman and the Administrator of the
when such State achieved statehood:
shall constitute a quorum, but a lesser
General Services Administration.
(5) the unique achievements and contribu-
number may conduct meetings.
(h)(1) The Commission is authorized to
tions of the participants in the Constitu-
(f) A vacancy in the Commission resulting
accept, use, solicit, and dispose of donations
tional Convention of 1787 and the State
from the death or resignation of a member
of money. property. or personal services.
ratification proceedings;
shall not affect its powers, and shall be
(2) The Commission shall prescribe regu-
(6) the diverse legal and philosophical
filled in the manner in which the original
lations under which the Commission may
views regarding the Constitution:
appointment was made.
accept donations of money, property, or per-
(7) the need for reflection upon both aca-
ADMINISTRATIVE PROVISIONS AND POWERS
sonal services, except that under such regu-
demic and scholarly views of the Constitu-
SEC. 5. (a) The Commission shall appoint a
lations, the Commission may not accept do-
tion and the principle that the document
staff director who shall be paid at a rate not
nations-
must be understood by the general public:
to exceed the rate of basic pay provided for
(A) the value of which exceeds $25,000 an-
(8) the substantive provisions of the Con-
level I of the Executive Schedule pursuant
nually. in the case of donations from an in-
stitution itself;
to section 5312 of title 5, United States
dividual; or
(9) the impact of the Constitution on
Code.
(B) the value of which exceeds $100,000
American life and government:
(b) The Commission is authorized to ap-
annually, in the case of donations from a
(10) the need to encourage appropriate
point and fix the compensation, without
corporation, partnership, or other business
educational curriculums designed to educate
regard to the provisions of title 5, United
organization.
students at all levels of learning on the
States Code, governing appointments in the
(3) The regulations prescribed under this
drafting, ratification, and history of the
competitive service, and without regard to
subsection shall include procedures for de-
Constitution and the specific provisions of
chapter 51 and subchapter III of chapter 53
terming the value of donations of property
that document; and
of such title relating to classification and
or personal services.
(11) the significance of the principles and
General Schedule pay rates, of such addi-
(4) The limitations set forth in this sub-
institutions of the Constitution to other na-
tional publicly paid personnel up to five per-
section shall not apply in the case of an or-
tions and their citizens.
sons. as the Chairman finds necessary to
ganization if it is an organization described
(c) The Commission shall seek the cooper-
carry out the purposes of this title. Such
in section 501(c)(3) of the Internal Revenue
ation, advice, and assistance from both pri-
personnel shall be compensated at a rate
Code of 1954 (26 U.S.C. 501(c)(3)), and
vate and governmental agencies and organi-
not to exceed a rate equal to the maximum
exempt from taxation under section 501(a)
zations, including the National Endowment
rate of pay for GS-18 of the General Sched-
of such Code.
for the Arts, the National Endowment for
ule under section 5332 of title 5, United
(i) The Commission may use the United
the Humanities, the Library of Congress,
States Code.
States mails in the same manner and under
the Smithsonian Institution, the National
(c) Subject to the provisions of this sub-
the same conditions as other departments
Archives, the Department of the Interior.
section, the Commission may appoint and
and agencies of the United States.
State and local governments, learned soci-
fix the pay of such additional personnel to
(j) The Commission shall have the author-
eties, academic institutions. and historical.
be paid out of private donations. An individ-
ity to design and use a. logo as the official
patriotic, philanthropic, civic, and profes-
ual appointed to a position funded in such
emblem of the bicentennial. The Commis-
sional groups, and bar associations.
manner shall be so designated at the time of
sion shall issue rules and regulations, in-
(d) The Commission may, in carrying out
such individual's appointment. The Chair-
cluding penalties for unauthorized use, re-
the purposes of this Act, delegate authority
man may appoint such additional personnel
garding the use of such logo, except that
to State advisory commissions to assist in
as he deems appropriate, not to exceed
under those regulations, the Commission
implementing this Act.
thirty staff members. If the Chairman
shall be prohibited from selling, leasing, or
(c) Within two years after the date of en-
deems it appropriate to make appointments
otherwise granting to any corporation or
actment of this Act, the Commission shall
in excess of such thirty-person limit, he
private person the right to use the logo in
submit to the President and each House of
shall notify the Chairman of the Committee
connection with the production or manufac-
the Congress and the Judicial Conference of
on Post Office and Civil Service in the
ture of any commercial goods. as part of an
the United States a comprehensive report
House of Representatives and the Chairman
advertisement promoting any commercial
incorporating specific recommendations of
of the Committee on the Judiciary in the
goods or services, or as part of an endorse-
the Commission for commemoration and
Senate. If neither House Committee disap-
ment for any such goods or services.
coordination of the bicentennial and related
proves the appointments in excess of the
activities. Such report shall include recom-
limit by an affirmative vote of the full com-
DUTIES OF THE COMMISSION
mendations for publications, scholarly proj-
mittee within sixty days after receiving
SEC. 6. (a) The Commission shall-
ects, conferences, programs, films, libraries.
notice of the appointments, the personnel
(1) plan and develop activities appropriate
exhibits, ceremonies, and other projects.
appointed in excess of the limit to be paid
to commemorate the bicentennial of the
competitions and awards, and a calendar of
out of private donations shall become per-
Constitution, including a limited number of
major activities and events planned to com-
manent personnel.
projects to be undertaken by the Federal
memorate specific historical dates. Each
(d) Each member of the Commission shall
Government seeking to harmonize and bal-
year after such comprehensive report, the
serve without being compensated as a
ance the important goals of ceremony and
Commission shall submit an annual report
member of such Commission, except that
celebration with the equally important
to the President, each House of the Con-
each member shall be reimbursed for travel,
goals of scholarship and education;
gress, and the Judicial Conference until
subsistence, and other necessary expenses
(2) encourage private organizations, and
such Commission terminates.
incurred by them in the performance of
State and local governments to organize and
TERMINATION
their duties.
participate in bicentennial activities com-
SEC. 7. The Commission shall terminate
(e)(1) Upon request of the Commission,
memorating or examining the drafting, rati-
on December 31, 1989.
the head of any Federal agency may detail
fication. and history of the Constitution and
the specific features of the document;
AUTHORIZATION OF APPROPRIATIONS
any of the personnel of such agency to the
Commission to assist the Commission in car-
(3) coordinate, generally, activities
SEC. 8. There are authorized to be appro-
rying out its duties under this Act. Details
throughout all of the States; and
priated to carry out the purposes of this Act
July 18, 1983
CONGRESSIONAL RECORD SENATE
10315
$300,000 for fiscal year 1984 and such sums
The motion to lay on the table was
any remarks I may have made private-
as may be necessary for the subsequent
agreed to.
ly or on the floor of the Senate about
fiscal years through fiscal year 1989.
Mr. BAKER. Madam President, I
easy Fridays I guess I better rescind. It
EFFECTIVE DATE
ask unanimous consent that the Presi-
looks like we are going to be in for a
SEC. 9. This Act shall become effective on
dent be immediately notified that the
full 5 days at least for the weeks re-
the date of enactment.
Senate has given its consent to these
maining between now and August 5.
Mr. BAKER. Madam President, I
nominations.
After we do the target price bill,
move to reconsider the vote by which
The PRESIDING OFFICER. With-
Madam President, there are a number
the bill was passed.
out objection, it is so ordered.
of other matters on the list of must
Mr. BYRD. Madam President. I
items that I have supplied to the mi-
move to lay that motion on the table.
LEGISLATIVE SESSION
nority leader and discussed with other
The motion to lay on the table was
Senators. Such things as revenue-shar-
agreed to.
Mr. BAKER. Madam President. I
ing reauthorization, such as Radio
ask unanimous consent that the
Marti, the Outer Continental Shelf
Senate return to the consideration of
EXECUTIVE SESSION
bill. My memory fails me at this point,
legislative business.
but there are about six or eight must
Mr. BAKER. Madam President. I
The PRESIDING OFFICER. With-
items. I still intend, to the extent I can
note that my Executive Calendar is
out objection, it is so ordered.
do so, to try to follow that list.
clear for action at this time in certain
To summarize, Madam President, i
respects.
PROGRAM
would expect that beginning tomorrow
I inquire of the minority leader if he
is prepared to consider nominations
Mr. BYRD. Madam President, I take
we may have late evenings depending
on whether the Senate can utilize the
beginning on page 3 under the judici-
the floor to ask the majority leader as
ary, to include all those nominations
to the program for tomorrow and the
time effectively. We will try very hard
rest of the week.
to finish this bill as early this week as
under the judiciary and the Depart-
ment of Justice on page 3.
Mr. BAKER. Madam President. I
possible and then go to the target
Mr. BYRD. Madam President. all
thank the minority leader.
price bill. We will be in session, as I
items on page 3 have been cleared on
Madam President. may we have
anticipate matters at this time, on
order in the Senate?
Friday. Beyond that I cannot say.
this side.
The PRESIDING OFFICER. The
Mr. TOWER. Will the majority
Mr. BAKER. I thank the minority
Senate will be in order.
leader yield?
leader.
Madam President. I must report that
The majority leader is recognized.
Mr. BAKER. Yes. I yield.
they have not all been cleared on this
Mr. BAKER. First, by way of an
Mr. TOWER. I suspect that in the
side at this time.
answer. let me put a request.
morning when we return to the consid-
eration of this bill at least one Senator
I ask unanimous consent that the
ORDER FOR RECESS UNTIL 10 A.M.
Senate go into executive session for
Madam President, I ask unanimous
will be prepared to offer his amend-
consent that when the Senate com-
ment. I know of no one else who has
the purpose of considering the nomi-
stated their desire. I think we should
nations on page 3 under the judiciary,
pletes its business today it stand in
recess until the hour of 10 a.m. tomor-
expect record votes before we go out
being Calendar Nos. 229, 230, and 231,
for the noon recess.
and under the Department of Justice,
row.
Calendar No. 232.
The PRESIDING OFFICER. With-
Mr. BAKER. Madam President. I
out objection. it is so ordered.
would urge Senators to consider that.
There being no objection. the Senate
I think there is a high probability that
proceeded to the consideration of ex.
ORDER TO RESUME CONSIDERATION OF S. 675
we will have record votes before the 12
ecutive business.
Mr. BAKER. Madam President, on
noon recess, either on the Stafford
The PRESIDING OFFICER. The
tomorrow. after certain other routine
amendment or on other matters.
nominations will be stated.
matters that I will describe are pro-
Mr. BAKER. Madam President, I
vided for, the Senate will resume con-
ORDER FOR THE RECOGNITION OF CERTAIN
SENATORS ON TOMORROW
ask unanimous consent that the nomi-
sideration of this bill. Tomorrow is
Mr. BAKER. Madam President, let
nations be considered and confirmed
Tuesday and I anticipate that we will
recess the Senate between the hours
me put two more requests. if I may,
en bloc.
The PRESIDING OFFICER. With-
of 12 noon and 2 p.m. in order to ac-
and then I will yield.
out objection, the nominations are
commodate the caucuses on both sides
Madam President, I ask unanimous
considered and confirmed en bloc.
of the aisle.
consent that after the recognition of
The nomination considered and con-
The Senate will then continue on
the two leaders under the standing
firmed en bloc are as follows:
this measure as long as the managers
order on tomorrow, that two Senators
deem it worthwhile and productive.
be recognized on special orders of not
THE JUDICIARY
On Wednesday, Madam President, if
to exceed 15 minutes each in this
Pasco M. Bowman II. of Missouri, to be
we have not finished this bill, we will
order: Senators PROXIMIRE and BUMP-
U.S. circuit judge for the eighth circuit.
still be on the bill, and on Thursday. I
ERS.
Peter C. Dorsey. of Connecticut. to be U.S.
The PRESIDING OFFICER. With-
district judge for the district of Connecti-
would hope we can finish before that,
cutt.
but we will take whatever time is nec-
out objection. it is so ordered.
Stephen N. Limbaugh. of Missouri. to be
essary to finish the measure. It is en-
ORDER DESIGNATING PERIOD FOR THE TRANSAC-
U.S. district judge for the eastern and west-
tirely possible that at some point this
TION OF ROUTINE MORNING BUSINESS ON TO-
ern districts of Missouri.
MORROW
week a cloture petition or petitions
DEPARTMENT OF JUSTICE
will be filed. None has been filed so
Mr. BAKER. Madam President, I
Stephen S. Trott. of California. to be an
far. We will address that question
ask unanimous consent that after the
Assistant Attorney General.
again tomorrow and from time to
execution of the special orders, that
Mr. BAKER. Madam President. I
time.
there be a period of not to exceed 10
ask unanimous consent that it be in
It is essential that we finish the bill
minutes for the transaction of routine
order to move en bloc to reconsider
as soon as we can.
morning business in which Senators
the vote by which the nominations
After this bill is finished, I antici-
may speak for not more than 1 minute
were confirmed en bloc.
pate that the Senate will be asked to
each.
The PRESIDING OFFICER. With-
turn to the consideration of the target
The PRESIDING OFFICER. With-
out objection. it is so ordered.
price bill. as previously announced.
out objection, it is so ordered.
Mr. BAKER. Madam President. I
If we take all of this week on this
SCHEDULE FOR TUESDAY
make that motion.
bill, and that is a distinct possibility.
Mr. BAKER. Madam President, to-
Mr. BYRD. I move to lay that
we will be about a week behind the
morrow, the Senate will convene at 10
motion on the table.
schedule I had hoped for. Therefore,
a.m. After the recognition of the two
H 6556
CONGRESSIONAL RECORD - HOUSE
August 4, 1983
and raising economic confidence throughout
(3) this document has set an enduring ex-
be paid out of private donations. An individ-
America:
ample of representative democracy for the
ual appointed to a position funded in such
Whereas the construction of between one
world; and
manner shall be SO designated at the time of
million four hundred thousand and one mil-
(4) the maintenance of the common prin-
such individual's appointment. The Chair-
lion six hundred thousand housing starts in
ciples that animate our Republic depend
man may appoint such additional personnel
1983-a dramatic increase from 1982-will
upon a knowledge and understanding of
as he deems appropriate, not to exceed
create millions of worker-years of employ-
their roots and origins.
thirty staff members. If the Chairman
ment in construction and construction-relat-
PURPOSE
deems it appropriate to make appointments
ed industries, billions in wages and billions
in excess of such thirty-person limit, he
in tax revenue for local, State and Federal
SEC. 3. It is the purpose of this Act to es-
shall notify the Chairman of the Committee
tablish a Commission to promote and CO-
governments;
on Post Office and Civil Service in the
Whereas an upturn in home sales and
ordinate activities to commemorate the bi-
House of Representatives and the Chairman
housing production has triggered every eco-
centennial of the Constitution.
of the Committee on the Judiciary in the
nomie recovery since World War II;
MEMBERSHIP
Senate. If neither House Committee disap-
Whereas to sustain this housing-led recov-
SEC. 4. (a) The Commission shall be com-
proves the appointments in excess of the
ery, it is essential that interest rates contin-
posed of sixteen members as follows:
limit by an affirmative vote of the full com-
ue to fall to increase housing affordability;
(1) thirteen members appointed by the
mittee within sixty days after receiving
Whereas homeownership and decent
President. three of whom shall be appointed
notice of the appointments, the personnel
housing instill pride and contribute to the
from among the recommendations made by
appointed in excess of the limit to be paid
stability and vitality of communities
the Speaker of the House of Representa-
out of private donations shall become per-
throughout America:
tives (in consultation with the minority
manent personnel.
Whereas it is appropriate to reaffirm our
leader of the House of Representatives),
(d) Each member of the Commission shall
Nation's historic commitment to housing
three of whom shall be appointed from
serve without being compensated as a
and homeownership as a national priority
among the recommendations made by the
member of such Commission, except that
and to recognize and sustain the role that
president pro tempore of the Senate, in con-
each member shall be reimbursed for travel.
housing plays in the economic recovery:
sultation with the majority leader and mi-
subsistence, and other necessary expenses
Now. therefore, be it
nority leader of the Senate, and three of
incurred by them in the performance of
Resolved by the Senate and House of Rep-
whom shall be appointed from among the
their duties.
resentatives of the United States of America
recommendations made by the Chief Justice
(e)(1) Upon request of the Commission,
in Congress assembled, That October 2
of the United States:
the head of any Federal agency may detail
through 9. 1983, be declared "National
(2) the Chief Justice of the United States,
any of the personnel of such agency to the
Housing Week" and that the President of
or his designee;
Commission to assist the Commission in car-
the United States be authorized and re-
(3) the President pro tempore of the
rying out its duties under this Act. Details
quested to issue a proclamation calling upon
Senate, or his designee; and
under this subsection shall be without reim-
all people of the United States to observe
(4) the Speaker of the House of Repre-
bursement by the Commission to the agency
this week with appropriate ceremonies and
sentatives, or his designee.
from which the employee concerned was de-
activities.
(b) Each of the individuals making recom-
tailed.
The Senate joint resolution was or-
mendations to the President regarding ap-
(2) The Commission may accept the serv-
dered to be read a third time, was read
pointments shall seek to achieve a balanced
ices of not to exceed twenty employees
the third time, and passed, and a
membership representing, to the maximum
under this subsection at any time.
motion to reconsider was laid on the
extent practicable, the Nation as a whole.
(f) The Commission is authorized to pro-
table.
The Commission members shall be chosen
cure supplies, services, and property, and
from among individuals who have demon-
make contracts, in any fiscal year, only to
strated scholarship, a strong sense of public
such extent or in such amounts as are pro-
PROVIDING FOR THE ESTAB-
service, expertise in the learned professions,
vided in appropriation Acts or are donated
LISHMENT OF A COMMISSION
and abilities likely to contribute to the ful-
pursuant to subsection (h) of this section.
ON THE BICENTENNIAL OF
fillment of the duties of the Commission.
(g) The Commission is authorized to enter
(c) Members of the Commission shall be
THE CONSTITUTION
into agreements with the General Services
appointed for the life of the Commission.
Administration for procurement of neces-
Mr. GARCIA. Mr. Speaker, I ask
(d) The Commission shall select a chair-
sary financial and administrative services,
unanimous consent to take from the
man from among its members who shall
for which payment shall be made by reim-
Speaker's table the Senate bill (S. 118)
serve as Chairman for the life of the Com-
bursement from funds of the Commission in
to provide for the establishment of a
mission.
such amounts as may be agreed upon by the
(e) Eight members of the Commission
Commission on the Bicentennial of
Chairman and the Administrator of the
shall constitute a quorum, but a lesser
the Constitution, and ask for its imme-
General Services Administration.
number may conduct meetings.
(h)(1) The Commission is authorized to
diate consideration.
(f) A vacancy in the Commission resulting
accept, use, solicit, and dispose of donations
The Clerk read the title of the
from the death or resignation of a member
of money, property, or personal services.
Senate bill.
shall not affect its powers, and shall be
(2) The Commission shall prescribe regu-
filled in the same manner in which the
1940
lations under which the Commission may
original appointment was made.
accept donations of money, property. or per-
The SPEAKER pro tempore. Is
ADMINISTRATIVE PROVISONS AND POWERS
sonal services, except that under such regu-
there objection to the request of the
SEC. 5. (a) The Commission shall appoint a
lations, the Commission may not accept do-
gentleman from New York?
staff director who shall be paid at a rate not
nations-
There was no objection.
to exceed the rate of basic pay provided for
(A) the value of which exceeds $25,000 an-
The Clerk read the Senate bill, as
level I of the Executive Schedule pursuant
nually. in the case of donations from an in-
follows:
to section 5312 of title 5, United States
dividual: or
S. 118
Code.
(B) the value of which exceeds $100,000
(b) The Commission is authorized to ap-
annually. in the case of donations from a
Be it enacted by the Senate and House of
point and fix the compensation. without
corporation, partnership. or other business
Representatives of the United States of
regard to the provisions of title 5, United
organization.
America in Congress assembled, That there
States Code, governing appointments in the
(1) plan and develop activities appropriate
is established a Commission on the Bicen-
competitive service, and without regard to
to commemorate the bicentennial of the
tennial of the United States Constitution,
chapter 51 and subchapter III of chapter 53
Constitution. including a limited number of
hereinafter referred to as the "Commis-
of such title relating to classification and
projects to be undertaken by the Federal
sion".
General Schedule pay rates, of such addi-
Government seeking to harmonize and bal-
FINDINGS
tional publicly paid personnel up to five per-
ance the important goals of ceremony and
SEC. 2. The Congress finds that-
sons, as the Chairman finds necessary to
celebration with the equally important
(1) the bicentennial of the Constitutional
carry out the purposes of this title. Such
goals of scholarship and education:
Convention's adoption of the Constitution
personnel shall be compensated at a rate
(2) encourage private organizations, and
occurs on September 17, 1987;
not to exceed a rate equal to the maximum
State and local governments to organize and
(2) the Constitution enunciates the limita-
rate of pay for GS-18 of the General Sched-
participate in bicentennial activities com-
tions on government, the inalienable rights,
ule under section 5332 of title 5, United
memorating or examining the drafting. rati-
and the timeless principles of individual lib-
States Code.
fication, and history of the Constitution and
erty and responsibility. and equality before
(c) Subject to the provisions of this sub-
the specific features of the document;
law. for the people of the United States of
section, the Commission may appoint and
(3) coordinate, generally. activities
America:
fix the pay of such additional personnel to
throughout all of the States: and
August 4, 1983
CONGRESSIONAL RECORD - HOUSE
H 6557
(4) serve as a clearinghouse for the collec-
(d) The Commission may, in carrying out
This bill would establish a Presidential
tion and dissemination of information about
the purposes of this Act, delegate authority
Commission for the expressed purpose
bicentennial events and plans.
to State advisory commissions to assist in
(b) In planning and implementing appro-
of planning and conducting a mean-
implemeting this Act.
priate activities to commemorate the bicen-
(c) Within two years after the date of en-
ingful national celebration to mark
tennial, the Commission shall give due con-
actment of this Act, the Commission shall
the 200th anniversary of the drafting
sideration to-
submit to the President and each House of
and ratification of the U.S. Constitu-
(1) the historical setting in which the
the Congress and the Judicial Conference of
tion and the Bill of Rights.
Constitution was developed and ratified, in-
the United States a comprehensive report
The President is fond of telling audi-
cluding such antecedents as the Federalist
incorporating specific recommendations of
ences that America is the last best
Papers, the Articles of the Confederation,
the Commission for commemoration and CO-
and the ratification debates in the States;
hope for mankind. If we are, it is be-
ordination of the bicentennial and related
(3) The regulations prescribed under this
cause our Constitution guarantees all
activities. Such report shall include recom-
subsection shall include procedures for de-
mendations for publications, scholarly proj-
men and women equality. In addition,
termining the value of donations of proper-
ects, conferences, programs, films, libraries,
it secures rights and freedoms un-
ty or personal services.
exhibits, ceremonies, and other projects,
matched anywhere else in the world.
(4) The limitations set forth in this sub-
competitions and awards, and a calendar of
That is why the people of this Nation
section shall not apply in the case of an or-
major activities and events planned to com-
have reposed great faith in the princi-
ganization if it is an organization described
memorate specific historical dates. Each
in section 501(c)(3) of the Internal Revenue
ples which the Constitution embodies.
year after such comprehensive report, the
Code of 1954 (26 U.S.C. 501(c)(3)), and
The constitutional bicentennial pre-
Commission shall submit an annual report
exempt from taxation under section 501(a)
to the President, each House of the Con-
sents an unique opportunity to instill
of such Code.
gress, and the Judicial Conference until
in our citizenry a greater sense and un-
(i) The Commission may use the United
such Commission terminates.
derstanding of the rights, privileges,
States mails in the same manner and under
TERMINATION
and opportunities afforded by the
the same conditions as other departments
and agencies of the United States.
SEC. 7. The Commission shall terminate
Constitution.
(j) The Commission shall have the author-
on December 31, 1989.
I will forgo a lengthy review of the
ity to design and use a logo as the official
AUTHORIZATION OF APPROPRIATIONS
bill's provisions but I would like to
emblem of the bicentennial. The Commis-
SEC. 8. There are authorized to be appro-
highlight a few major items contained
sion shall issue rules and regulations, in-
priated to carry out the purposes of this Act
in the Senate-passed bill.
cluding penalties for unauthorized use, re-
$300,000 for fiscal year 1984 and such sums
As passed by the Senate, the Com-
garding the use of such logo, except that
as may be necessary for the subsequent
under those regulations, the Commission
mission will be composed of 16 mem-
fiscal years through fiscal year 1989.
shall be prohibited from selling, leasing. or
bers appointed by the President. Con-
otherwise granting to any corporation or
EFFECTIVE DATE
gress and the Judiciary shall each rec-
private person the right to use the logo in
SEC. 9. This Act shall become effective on
ommend to the President an equal
connection with the production or manufac-
the date of enactment.
number of members to be appointed
ture of any commercial goods, as part of an
AMENDMENT OFFERED BY MR. GARCIA
by the President.
advertisement promoting any commercial
Mr. GARCIA. Mr. Speaker, I offer
The bill caps the number of staff
goods or services, or as part of an endorse-
an amendment.
that may be hired from either private
ment for any such goods or services.
The Clerk read as follows:
or donated funds. Furthermore, the
DUTIES OF THE COMMISSION
Amendment offered by Mr. GARCIA:
bill places an annual limitation on the
SEC. 6. (a) The Commission shall-
Page 2, lines 16-17, strike out "sixteen"
(2) the contribution of diverse ethnic and
amount individuals or businesses may
and insert in lieu thereof "twenty-three".
racial groups;
contribute to the Commission, and it
Page 2, line 18, strike out "thirteen" and
(3) the relationship and historical develop-
also precludes the use of the official
insert in lieu thereof "twenty".
ment of the three branches of the Govern-
Page 2, line 19, strike out "three" and
logo for any private, commerical, or
ment;
insert in lieu thereof "four".
promotional endeavor.
(4) the importance of activities concerning
Page 2, line 22, strike out "three" and
There is authorized to be appropri-
the Constitution and citizenship education
insert in lieu thereof "four".
ated $300,000, for fiscal year 1983 and
throughout all of the States regardless of
Page 3, line 1, strike out "three" and
when such State achieved statehood;
such sums as are required in subse-
insert in lieu thereof "four".
(5) the unique achievements and contribu-
quent fiscal years.
Page 3, strike out lines 20-22 and insert in
tions of the participants in the Constitu-
lieu thereof the following:
Finally, the Commission terminates
tional Convention of 1787 and the State
(d) One of the members shall be designat-
on December 31, 1989.
ratification proceedings;
ed as Chairman by, and shall serve in the
Since Senate passage of S. 118 last
(6) the diverse legal and philosophical
position of Chairman at the pleasure of, the
month, the White House has request-
views regarding the Constitution:
President.
(7) the need for reflection upon both aca-
ed certain amendments. They have
Page 3, line 23, strike out "Eight" and
demic and scholarly views of the Constitu-
asked for an increase in the size of the
insert in lieu thereof "Twelve".
tion and the principle that the document
Commission and in the number of
Page 5, line 2. strike out "thirty" and all
must be understood by the general public;
that follows thereafter through the period
direct Presidential appointments; the
(8) the substantive provisions of the Con-
in line 12, and insert in lieu thereof "forty
authority to select the Chairman of
stitution itself;
staff members.".
the Commission; and certain changes
(9) the impact of the Constitution on
American life and government;
Mr. GARCIA (during the reading).
relating to staff employment. The re-
(10) the need to encourage appropriate
Mr. Speaker, I ask unanimous consent
quested changes are acceptable to the
educational curriculums designed to educate
that the amendment be considered as
committee as well as Senate sponsors.
students at all levels of learning on the
read and printed in the RECORD.
I will explain each amendment in fur-
drafting. ratification, and history of the
The SPEAKER pro tempore. Is
ther detail at the appropriate time.
Constitution and the specific provisions of
there objection of the request of the
Mr. Speaker, there is an urgent need
that document; and
(11) the significance of the principles and
gentleman from New York?
to get the necessary planning for this
There was no objection.
historic anniversary underway as soon
institutions of the Constitution to other na-
tions and their citizens.
The SPEAKER pro tempore. The
as possible. The administration knows
(c) The Commission shall seek the cooper-
question is on the amendment offered
this and, in fact, is poised to establish
ation. advice, and assistance from both pri-
by the gentleman from New York (Mr.
a Commission by Executive order if we
vate and governmental agencies and organi-
GARCIA).
fail to act before we adjourn for the
zations, including the National Endowment
The amendment was agreed to.
August distict work period. By failing
for the Arts, the National Endowment for
The SPEAKER pro tempore. The
to act, Congress, as a coequal branch
the Humanities, the Library of Congress.
gentleman from New York (Mr.
of the Government, would be relin-
the Smithsonian Institution, the National
Archives, the Department of the Interior,
GARCIA) is recognized for 1 hour.
quishing to the Executive, its right to
State and local governments, learned soci-
Mr. GARCIA. Mr. Speaker, I yield
participate directly in an event cele-
eties, academic institutions, and historical,
myself such time as I may consume.
brating the formation of our Govern-
patriotic, philanthropic, civic, and profes-
Mr. Speaker, S. 118 passed the
ment. That is not only unwise, but
sional groups, and bar associations.
Senate unanimously on July 18, 1983.
foolish.
H 6558
CONGRESSIONAL RECORD - HOUSE
August 4, 1983
I urge my colleagues to support this
EXPLANATION OF AMENDMENTS
Constitution is at the center of Ameri-
egislation, and I include a summary of
Mr. Speaker, this amendment has
can political life and there exists today
the major provisions of S. 118, as
three parts. First, the size of the Com-
a dire need to educate our young
bassed by the Senate, at this point in
mission would be expanded from 16 to
people about our system of constitu-
the RECORD.
23 members. The amendment provides
tional freedoms. The public's under-
SUMMARY OF MAJOR PROVISIONS OF
the President with an additional four
standing of the Constitution is at a
SUBSTITUTE AMENDMENT FOR S. 118
appointees. The Speaker, Senate
low ebb.
President pro tempore, and the Chief
(PASSED THE SENATE ON JULY 18, 1983)
This bicentennial offers an opportu-
Justice would each recommend one ad-
nity to correct this educational prob-
Section 1: Establishes a Commission on
ditional member of the Commission to
the Bicentennial of the Constitution of the
lem and foster a better understanding
United States.
the President for appointment.
of our representative Government.
Section 2: Sets forth Congressional find-
The second part of the amendment
Also this bicentennial will offer the
Ings regarding the U.S. Constitution and the
would permit the President to name
opportunity to evaluate the successes
need for a Commission to commemorate the
the Commission's Chairman.
of our governing institutions since
bicentennial of the Constitution.
The final part of the amendment
their inauguration in 1787.
Section 3: States that the purpose of the
eliminates a provision in S. 118 relat-
Our Constitution grows and becomes
Act is to establish a Commission to com-
ing to the appointment of staff paid
more effective over time not through a
memorate the bicentennial of the Constitu-
from donated funds. The bill would
process of change and evolution but
tion.
have required the Chairman of the
instead through a process of study and
Section 4: Establishes a 16-member Com-
Commission to notify both House and
mission which shall, to the maximum extent
application of its unchanging princi-
Senate oversight committees of the
practicable, be representative of the nation.
ples.
appointment of any staff in excess of
Thirteen members shall be appointed by the
The growth and effectiveness of the
President. The Speaker of the House of
the 30-person limit. Either committee
Constitution is most evident in the
Representatives and the President pro tem-
could have, within 30 days after receiv-
dedication of Americans to its chang-
pore of the Senate shall each recommend
ing such notice, disapproved the ap-
less tenents. The Constitution has
three (3) members to the President to be apt
pointment of such additional staff by
proven durable-not because it is an
pointed. In addition, the Speaker, Senate
an affirmative vote of the committee.
evolving or flexible document but be-
President pro tempore and the Chief Justice
This provision appears to violate the
of the United States or their designees shall
cause it addressed principles that were
recent Supreme Court decision which
serve as members of the Commission.
enduring and because it created insti-
invalidated legislative vetoes. Accord-
Members shall be appointed for the life of
tutions which have made our country
the Commission and shall elect a Chairman
ingly, this provision is deleted and re-
second to none.
from among the members of the Commis-
placed with an absolute staff ceiling.
As we begin the third century of our
sion.
Although there is an increase of 10
existence under this great document,
Section 5: Provides for the appointment of
staff positions this should be viewed as
the American people should renew
a staff director and five additional staff to
a maximum limit on the size of staff
their knowledge about our heritage
be paid from public funds.
employed by the Commission and paid
and should rededicate themselves to
An additional thirty persons may be ap-
from donated funds. No changes are
the maintenance of a republic under
pointed to the staff provided they are paid
made with respect to the number of
the Constitution.
from donated funds. The Chairman of the
employees to be paid from appropri-
Commission may hire additional personnel
The primary purpose of the Com-
ated funds.
in excess of the thirty-person limit. Howev-
mission will be to establish a new
Mr. COURTER. Mr. Speaker, will
er, the House and Senate Committees of ju-
awareness and knowledge of our Con-
risdiction must be notified of such addition-
the gentleman yield?
stitution in the mind of the American
al appointments. Either Committee may,
Mr. GARCIA. I yield to my col-
people. It is for these reasons that I
within 30 days after receiving such notice,
league from New Jersey.
by affirmative vote of the full Committee,
(Mr. COURTER asked and was
urge my colleagues to support this leg-
islation which would develop a Presi-
disapprove the appointment of the addition-
given permission to revise and extend
dential Commission on the Bicenten-
al personnel.
his remarks.)
Mr. COURTER. Mr. Speaker, I rise
nial of the Constitution.
The Commission is authorized to accept
not more than twenty persons detailed from
in support of S. 118 to establish a
Mrs. BOGGS. Mr. Speaker, will the
federal agencies.
Presidential Commission on the Bicen-
gentleman yield?
This Section also limits the amount Indi-
tennial of the Constitution.
Mr. GARCIA. I yield to my col-
viduals and businesses may donate to the
This legislation would provide for
league, the gentlewoman from Louisi-
Commission annually. In the case of an indi-
vidual. the limit is $25,000; a business is lim-
the appointment by the President of
ana.
the United States a 23-member Com-
Mrs. BOGGS. Mr. Speaker, I thank
ited to a $100,000 annual donation. These
mission with representation from each
the gentleman for yielding and I wish
limitations do not apply to not-for-profit or-
ganizations exempt from taxation under the
of the three branches of Government,
to compliment the gentleman and the
Internal Revenue Code.
charged with developing a plan for the
committee on bringing forth this very
The Commission is barred, under this sec-
appropriate celebration of events lead-
fine piece of legislation establishing
tion, from leasing, selling, and otherwise
ing up to the signing of the Constitu-
the Commission for the Bicentennial
granting to any person, the right to use the
tion and the subsequent ratification
celebration of the drafting and the
Commission's official logo in connection
process. The Commission will under-
signing of the Constitution.
with any commercial related activity.
take a limited number of Federal proj-
I trust that it will pass in a very
Section 6: Enumerates the duties of the
Commission which are essentially to plan
ects but is also directed to encourage
splendid fashion so that we can get on
appropriate activities and encourage nation-
State, local, and private participation
with the business of the preparation
wide participation in the bicentennial com-
in planning activities. While the Fed-
for this important date in our history.
memoration.
eral involvement is necessary for a va-
Mr. GARCIA. Mr. Speaker, I have
Within two years of enactment, the Com-
riety of reasons, S. 118 recognizes the
no more requests for time, and I yield
mission is directed to submit to the Presi-
important role which State and local
back the balance of my time.
dent, Congress and the Judicial Conference
governments and the private sector
The Senate bill was ordered to be
of the United States. a report with specific
can contribute. The intent of this leg-
read a third time, was read the third
recommendations for commemorating the
islation is not for the Federal Govern-
time, and passed, and a motion to re-
bicentennial of the Constitution.
ment to solely plan the events cele-
consider was laid on the table.
Section 7: Commission terminates on De-
cember 31, 1989.
brating and commemorating the 200th
Section 8: Authorizes $300,000 for fiscal
birthday of our Constitution.
GENERAL LEAVE
year 1983 and such sums as are necessary
The primary function of the Bicen-
for subsequent fiscal years.
tennial Commission will be to educate,
Mr. GARCIA. Mr. Speaker, I ask
Section 9: Act takes effect upon enact-
evaluate, and rededicate Americans to
unanimous consent that all Members
ment.
our constitutional Republic. The U.S.
may have 5 legislative days in which to
12194
CONGRESSIONAL RECORD - SENATE
September 14, 1983
(2) by striking out "Governors" Confer-
met in Philadelphia to revise the Arti-
Constitution. And I think that the
ence" in paragraph (4) and inserting in lieu
cles of Confederation. What emerged
events should focus on the relevance
thereof "National Governors' Association";
from that Constitutional Convention
(3) by striking out "board of managers of
of the Constitution in our daily politi-
the Council of State Governments" in para-
was not merely a revision but a whole
cal life.
graph (5) and inserting in lieu thereof "Na-
new document.
Mr. BAKER. Mr. President, I move
tional Conference of State Legislatures";
It embodied concepts of government
that the Senate concur in the House
(4) by striking out "and" at the end of
never before tried in a modern politi-
amendments.
paragraph (6);
cal system. First was the principle ex-
The PRESIDING OFFICER. The
(5) by striking out the period at the end of
pressed in the Declaration of
question is on agreeing to the motion
paragraph (7) and inserting in lieu thereof a
Independence that government power
of the Senator from Tennessee.
semicolon: and
is derived from the consent of the gov-
(6) by inserting after paragraph (7) the
The motion was agreed to.
following new paragraphs:
erned. This was a revolutionary idea in
"(8) One appointed by the President from
the age of kings. Even in countries
a panel of at least two elected officers of a
with an elected assembly. ultimate
COMMUNITY VOLUNTEER
township submitted by the National Associ-
sovereignty was held to be derived
SERVICE ACT
ation of Towns and Townships:
from the monarch. The Constitution
Mr. BAKER. Mr. President, I would
"(9) One appointed by the President from
-advanced the novel idea that the
say next to the minority leader that I
a panel of at least two elected school board
people were the source of authority.
am cleared on this side to consider
members submitted by the National School
Another innovation was the separa-
Boards Association.".
Calendar Order No. 287, S. 1129. to-
(b) Section 3 of such Act (42 U.S.C. 4273)
tion of powers into three coequal
gether with the budget waiver to ac-
is further amended by adding at the end
branches and the accompanying
company that measure, which is Cal-
thereof the following new subsection:
system of checks and balances. While
endar Order No. 327, Senate Resolu-
"(d) For purposes of subsection (a)(8), the
not new to political philosophy,
tion 176, if the minority leader is simi-
term 'township' means a township as de-
having been expounded by Montes-
larly cleared.
scribed in the Governmental Organization
quieu, it was certainly new to political
Mr. BYRD. Mr. President, that
volume of the "Census of Governments' pub-
practice. It was indeed another quan-
lication most recently issued by the Bureau
matter has been cleared.
tum leap of imagination by the draft-
of the Census prior to the date on which an
Mr. BAKER. I thank the Senator.
ers of the Constitution arising out of
appointment is made under such subsec-
tion.".
their experiences with the hereditary
(c) Section 4(e) of such Act (42 U.S.C.
and unitary systems of the Old World.
BUDGET ACT WAIVER
4274(e)) is amended by striking out "Thir-
As James Madison stated in the Fed-
The resolution (S. Res. 176) waiving
teen" and inserting in lieu thereof "A ma-
eralist Papers:
section 402(a) of the Congressional
jority of the".
The accumulation of all powers, legisla-
Budget Act of 1974 with respect to the
Mr. BAKER. Mr. President, I move
tive, executive. and judiciary, in the same
consideration of S. 1129, was consid-
to reconsider the vote by which the
hands, whether of one, a few, or many, and
whether hereditary, self-appointed, Qr elec-
ered, and agreed to; as follows:
bill was passed.
tive, may justly be pronounced the very
S. RES 176
Mr. BYRD. I move to lay that
definition of tyranny.
Resolved, That pursuant to section 402(c)
motion on the table.
It was a tyranny with which the
of the Congressional Budget Act of 1974,
The motion to lay on the table was
drafters were all too familiar.
the provisions of section 402(a) of such Act
agreed to.
The third great principle embodied
are waived with respect to the consideration
in the Constitution was that of feder-
of S. 1129, a bill to authorize appropriations
to provide for revision and extension of the
COMMISSION ON THE BICEN-
alism. of a system of enumerated and
Domestic Volunteer Service Act. and for
TENNIAL OF THE CONSTITU-
reserved powers, a respect of regional
other purposes. Such waiver is necessary to
TION
interests.
allow the authorization of an appropriation
Mr. BAKER. Mr. President,. I ask
But a mere mechanical recitation of
of $147,993,000 for extension of the Domes-
that the Chair lay before the Senate a
the provisions of the Constitution
tic Volunteer Service Act for fiscal year
runs the risk of losing sight of its true
1984.
message from the House of Repre-
genius. It is not merely a faded histori-
The waiver of section 402(a) is necessary
sentatives on S. 118.
cal document to be gawked at by tour-
to permit congressional consideration of
The PRESIDING OFFICER laid
before the Senate the following mes-
ists visiting the National Archives. At
statutory authority to provide resources for
programs serving individuals through volun-
sage from the House of Representa-
the risk of overusing another cliche, it
teers.
tives:
is a "living constitution."
Compliance with section 402(a) of the
Resolved, That the bill from the Senate
As we in Congress wrestle with the
Congressional Budget Act of 1974 was not
(S. 118) entitled "An Act to provide for the
intractable problems of our modern
possible by the May 15, 1983, deadline be-
establishment of a Commission on the Bi-
society, we are reminded time and
cause the May 13. 1983. full committee
centennial of the Constitution", do pass
again of the flexibility of this marvel-
markup was canceled.
with the following amendments:
ous document-adapting, evolving. but
The effect of not considering this authori-
Page 2. lines 16 and 17. strike out "six-
always relevant. It has survived wars
zation would be to deny services provided by
teen" and insert: "twenty-three".
and depressions. It has survived the in-
volunteers to the recipients of these pro-
Page 2. line 18. strike out "thirteen" and
dustrial revolution and internal revo-
grams.
insert: "twenty".
The desired authorization will not delay
Page 2. line 19, strike out "three" and
lution. It has survived the change in
the appropriations process and can be RC-
insert: "four".
America's role from a nation exploring
commodated in a fiscal year 1984 appropri-
Page 2. line 22, strike out "three" and
its frontiers to a nation exploring the
ations bill.
insert "four".
stars.
Page 3, line 1, strike out "three" and
Only a few years ago we celebrated
insert "four".
the bicentennial of the Declaration of
COMMUNITY VOLUNTEER
Page 3. strike out lines 20-22, inclusive,
Independence, the document which
SERVICE ACT, 1983
and insert:
defines the guiding principles of our
The Senate proceeded to consider
"(d) One of the members shall be desig-
Republic. It is appropriate that we
the bill (S. 1129) to authorize appro-
nated as Chairman by. and shall serve in
now establish a commission to honor
priations for programs under the Do-
the position of Chairman at the pleasure of,
the bicentennial of the document that
mestic Volunteer Service Act of 1973,
the President.".
Page 3. line 23, strike out "Eight" and
implements those principles. It will
and for other purposes which had
insert: "Twelve".
bring together Federal, State, and
been reported from the Committee on
Page 5, line 2. strike out all after "exceed"
local government as well as the private
Labor and Human Resources with an
down to and including "personnel" in line
sector and serve as a clearinghouse for
amendment to strike out all after the
12, and insert: "forty staff members".
bicentennial activities.
enacting clause and insert:
Mr. SASSER. Mr. President, almost
It is appropriate and necessary that
That this Act may be cited as the "Commu-
200 years ago our Founding Fathers
we commemorate the adoption of the
nity Volunteer Service Act of 1983".
THE WHITE HOUSE
WASHINGTON
January 30, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 026
SUBJECT:
Presidential Initiative Regarding Need for
Structural Reform as Part of the Celebration
of the Bicentenary of the Constitution
Lloyd Cutler has written you with suggestions on Presidential
initiatives to stimulate discussion on the need for structural
reform of the Constitution. He has two ideas: (1) a
Presidential commission and (2) Presidential comment on the
subject in a speech or press conference. The former strikes
me as ill-advised. Not only are there several groups
already studying the matter, but I do not think we want this
President to commemorate the Bicentennial of the Constitution
by suggesting in a formal way that it should be significantly
changed. I recommend simply thanking Cutler for his suggestions
and noting that they - - particularly the second -- will be
carefully considered.
Attachment
THE WHITE HOUSE
WASHINGTON
February 7, 1985
Dear Lloyd:
Thank you for your letter of January 10, containing
suggestions for a Presidential initiative to prompt
discussion on the need for structural reform of the
Constitution. You suggested a Presidential advisory
committee or mention by the President of the subject
in a speech or press conference.
I am not certain that an advisory committee would add
much to the work currently being done by the private
groups, with which you are, of course, fully familiar. I
will, however, keep alert for an opportunity to have this
subject considered for inclusion in future Presidential
remarks.
Thank you for your suggestions which, as usual, are
insightful.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
Lloyd N. Cutler, Esquire
Wilmer, Cutler & Pickering
1666 K Street, N.W.
Washington, D.C. 20006
FFF:JGR:aea 2/7/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
February 4, 1985
ann
Dear Lloyd:
Thank you for your letter of January 10, containing
suggestions for a Presidential initiative to prompt
discussion on the need for structural reform of the
Constitution. You suggested a Presidential advisory
committee or mention by the President of the subject
in a speech or press conference.
I am not certain that an advisory committee would add
much to the work currently being done by the private
groups, with which you are of course ) fully familiar. I
will, however, keep alert for an opportunity to have this
subject considered for inclusion in future Presidential
remarks.
Thank you for your suggestions which as usual,
a
Sincerely,
INSIGHTFUL
Fred F. Fielding
Counsel to the President
Lloyd N. Cutler, Esquire
Wilmer, Cutler & Pickering
1666 K Street, N.W.
Washington, D.C. 20006
THE WHITE HOUSE
WASHINGTON
February 7, 1985
Dear Lloyd:
Thank you for your letter of January 10, containing
suggestions for a Presidential initiative to prompt
discussion on the need for structural reform of the
Constitution. You suggested a Presidential advisory
committee or mention by the President of the subject
in a speech or press conference.
I am not certain that an advisory committee would add
much to the work currently being done by the private
groups, with which you are, of course, fully familiar. I
will, however, keep alert for an opportunity to have this
subject considered for inclusion in future Presidential
remarks.
Thank you for your suggestions which, as usual, are
insightful.
Sincerely,
Fred F. Fielding
Counsel to the President
Lloyd N. Cutler, Esquire
Wilmer, Cutler & Pickering
1666 K Street, N.W.
Washington, D.C. 20006
FFF: JGR:aea 2/7/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 30, 1985
Dear Lloyd:
Thank you for your letter of January 10, containing
suggestions for a Presidential initiative to prompt
discussion on the need for structural reform of the
Constitution. You suggested a Presidential advisory
committee or mention by the President of the subject
in a speech or press conference.
I am not certain that an advisory committee would add
much to the work currently being done by the private
groups, with which you are of course fully familiar. I
will, however, keep alert for an opportunity to have this
subject considered for inclusion in future Presidential
remarks.
Thank you for your suggestions.
Sincerely,
Fred F. Fielding
Counsel to the President
Lloyd N. Cutler, Esquire
Wilmer, Cutler & Pickering
1666 K Street, N.W.
Washington, D.C. 20006
FFF: JGR:aea 1/30/85
CC: FFFielding
JGRoberts
Subj
Chron
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H - INTERNAL
I * INCOMING
Date Correspondence
Received (YY/MM/DD)
/
Name of Correspondent: Sloyd N. Cutter
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Presidential initiative he need for
structural reform as part of the
ulibration Constitution of the breatinary of the
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUItalland
ORIGINATOR 85,01,15
/
/
Referral Note:
WAT18
D
85101115
5.8510117
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I , Info Copy Only/No Action, Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply wiCopy
B. Non-Special Referral
S Suspended
D - Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
WILMER, CUTLER & PICKERING
pls
1666 K STREET, N. W.
WASHINGTON, D. C. 20006
ilit
CABLE ADDRESS: WICRING WASH., D. C.
EUROPEAN OFFICE
INTERNATIONAL TELEX: 440-239
I COLLEGE HILL
TELEX: 89-2402
LLOYD N. CUTLER
LONDON, EC4R 2RA, ENGLAND
TELEPHONE 202 872-6000
TELEPHONE 01-236-2401
DIRECT LINE (202)
TELEX: 851 883242
872-6100
January 10, 1985
CABLE ADDRESS: WICRING LONDON
The Honorable Fred F. Fielding
Counsel to the President
The White House
Washington, D.C. 20500
Dear Fred:
In our talk after the meeting last Monday on
presidential and congressional terms, I promised to submit some
thoughts on the possibility of some presidential initiative to
stimulate discussion of the need for structural reform as part
of the celebration of the bicentenary of the Constitution.
One possibility would be for the President to appoint
a commission on his own initiative, or to propose a statute
appointing such a commission, to analyze whether there are
structural weaknesses in the decision-making process and, if
so, what statutory or constitutional changes, if any, would be
desirable to correct these weaknesses. Such a commission could
be authorized to conduct hearings and to file a report during
1987. It could be asked to consider questions like the
line-item veto, the balance-the-budget amendment, the
lengthening of congressional and presidential terms, limits on
number of terms, etc.
Alternatively, the President could refer in some
future address or press conference to the need for such an
analysis and could commend the private groups now engaged in
such activities, including Charlie Bartlett's group and the
Committee on the Constitutional System of which Senator
Kassebaum, Douglas Dillon and I are co-chairmen. At the same
time he could put in a plug for the ideas that appeal to him
most, such as the four-year congressional term and the
line-item veto.
Best regards,
Floyd
Lloyd N. Cutler
THE WHITE HOUSE
WASHINGTON
February 20, 1985
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS
JJR
SUBJECT:
Commission on the Bicentennial
of the U.S. Constitution
Pursuant to Section 4 (a) of Public Law 98-101, 97 Stat. 719
(1983), the President is to appoint 20 of the 23 members of
the Commission, as follows:
A. 4 -- from recommendations submitted by the Speaker of
the House
B.
4 -- from recommendations submitted by the President
pro tempore of the Senate
C.
4 -- from recommendations submitted by the Chief
Justice
D. 8 -- unspecified.
Personnel has submitted the names of four people identified
as from category A (Speaker), three from category B (Thurmond),
and two from category C (Chief Justice). Of this total of
nine prospective appointees, I have received Personal Data
Statements from six.
Thus, there remain:
A. O -- slots for the Speaker
B. 1 -- slot for Thurmond
C. 2 -- slots for the Chief Justice
D.
8 -- slots for the President, unguided by
recommendations from others.
THE WHITE HOUSE
WASHINGTON
February 21, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
off
SUBJECT:
Commission on the Bicentennial
of the U.S. Constitution
The President is to appoint 20 of the 23 members of the
Bicentennial Commission, including four from recommendations
of the Speaker, four from recommendations of the President
pro tempore of the Senate, and four from recommendations of
the Chief Justice. (Each of these three officials is also a
member in his own right.) Presidential Personnel has
submitted the names of four people recommended by Speaker
O'Neill, three recommended by Senator Thurmond, and two
recommended by the Chief Justice. One of O'Neill's recom-
mendations is Congressman Phillip Crane; one of Thurmond's
is Senator Ted Stevens.
When he signed Public Law 98-101 creating the Commission on
September 29, 1983, the President issued a signing statement
noting that the Speaker, President pro tempore, and Chief
Justice would "be able to participate only in ceremonial or
advisory functions of the Commission
"
The statement
also noted that "in view of the Incompatibility Clause of
the Constitution, any member of Congress appointed by
me...may serve only in a ceremonial or advisory capacity."
Thus, it is possible to proceed with the appointments of
Congressman Crane and Senator Stevens, but they should
clearly understand that they will have only a limited role
on the Commission. I can draft a letter to them for your
signature explaining this after I have received and reviewed
their Personal Data Statements.
The appointments of Congressman Crane and Senator Stevens
would result in five of the 23 members of the Commission
having only ceremonial or advisory roles. A quorum of this
Commission is 12, Public Law 98-101 Section 4(e), 97 Stat.
720, so there is no problem on that front, assuming that the
remaining, unchosen appointees are not Congressmen.