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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: Enrolled Bills - (11/30/1983-12/31/1983)
Box: 21
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THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill H.R. 3765 -- Las Vegas
Paiute Trust Lands
Richard Darman asked for comments on the above-referenced
enrolled bill by 10:00 a.m. tomorrow. The bill would
declare that 3,800 acres of public land in Nevada (valued at
$1.5 million) be held in trust for the Las Vegas Paiute
Tribe. The tribe, consisting of 143 members, has no legal
claim to the land, but simply wants to expand its economic
base. Interior originally opposed the bill, contending that
the land should not be transferred without compensation, but
now has no objection. OMB recommends approval; Justice and
EPA defer to Interior. This bill essentially does nothing
more than take money from you, me, and everyone else and
give it to 143 people in Nevada (about $10,000 each), simply
because they want it.
I have reviewed the memorandum for the President prepared by
OMB's Assistant Director for Legislative Reference James M.
Frey, and the bill itself, and have no legal objection.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3765 -- Las Vegas
Paiute Trust Lands
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
I sure do otherwise, however!
FFF:JGR:aea 11/30/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3765 -- Las Vegas
Paiute Trust Lands
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 11/30/83
CC: FFFielding/JGRoberts/Subj/Chron
ID #. 168298 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard G. DARMAN
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enrolled Bill H.R. 3765 - Las Vegas
Painte Trust Lands
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 83,11,80
/ /
Referral Note:
CUATIE
D 83/11/30
S83,12,01
Referral Note:
10:00am
/ /
/ /
Referral Note:
/ /
NOS
/
/
-
Referral Note:
/
/
/ /
I
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
Document No. 168298SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/29/83
ACTION/CONCURRENCE/COMMENT DUE BY:
10:00 a.m. 12/1/83
SUBJECT: Enrolled Bill H.R. 3765 - Las Vegas Paiute Trust Lands
ACTION FYI
ACTION FYI
VICE PRESIDENT
HICKEY
MEESE
JENKINS
BAKER
McFARLANE
DEAVER
McMANUS
STOCKMAN
MURPHY
DARMAN
P
5S ROGERS
DUBERSTEIN
SPEAKES
FELDSTEIN
SVAHN
FIELDING
VERSTANDIG
FULLER
WHITTLESEY
GERGEN
HERRINGTON
REMARKS:
Please provide comments/recommendations on the attached
enrolled bill by 10:00 a.m. THURSDAY, December 1, 1983.
Thank you.
RESPONSE:
NOV 30 190
Richard G. Darman
Assistant to the President
Ext. 2702
THE
352.80
EXECUTIVE OFFICE OF THE PRESIDENT
to:
20
3 6:07
BUDGET
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
NOV 29 1983
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3765 - Las Vegas Paiute Trust Lands
Sponsors - Representatives Reid (D) and Vucanovich (R)
Nevada
Last Day for Action
December 5, 1983 - Monday
Purpose
Declares that approximately 3,800 acres of public land in Clark
County, Nevada, be held in trust for the Las Vegas Paiute Tribe
and become part of the Tribe's reservation.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
No objection
Department of Justice
Defers to Interior
Environmental Protection Agency
Defers to Interior
y)
Discussion
H.R. 3765 would transfer approximately 3,800 acres of public land
in Clark County, Nevada, with an estimated value of $1.5 million,
to the Secretary of the Interior to be held in trust for the Las
Vegas Paiute Tribe of Nevada. Transfer of the land would be
subject to valid existing rights. In addition, H.R. 3765 would
(1) allow the Tribe to lease reservation lands for periods up to
99 years and (2) apply to the acreage provisions of the Clean Air
Act that give States and Indian tribes mutual remedies if a
redesignation of lands in their jurisdiction is detrimental to
either party.
The Las Vegas Paiute Tribe consists of 143 members and has a
trust land base of 12.5 acres located in the city of Las Vegas.
The Tribe's land base is fully used and includes tribal
residences, streets, a community service building, a commercial
building, and a cemetery. The Las Vegas Paiutes currently
operate a successful construction company and spend over 90
percent of their profits to provide services such as housing, law
2
enforcement, and education to their members. The Tribe is
seeking to expand its reservation to further the Tribe's economic
development. Tribal plans for use of the land include housing,
a light industrial park, and a sand and gravel operation.
Department of the Interior's Views
The Department of the Interior initially opposed H.R. 3765,
because the Las Vegas Paiute Tribe has no claim to the lands that
would justify transferring them without compensation. Interior
advised the Congress that it would have no objection to selling
the land to the Tribe under the Federal Land Policy and
Management Act (FLPMA) for fair market value. Congressional
supporters of H.R. 3765 concluded, however, that a purchase
requirement would impair the Tribe's efforts to continue
providing services to its members and inhibit its ability to
invest in existing and future income-producing activities.
The Department has reevaluated its position and now has no
objection to approval of the bill, because there are no plans for
Federal use of these lands and the most beneficial use would be
to transfer them to the Las Vegas Paiute Tribe.
Assistant James Director m. They for
Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill S. 1341 -- Education of the
Handicapped Act Amendments of 1983
Richard Darman has aked for comments on the above-referenced
enrolled bill by 10:00 a.m. tomorrow. As the Administration
recommended, the bill will extend the grant programs of the
Education of the Handicapped Act for an additional three
years. Over the Administration's objections, however, the
bill will impose a wide variety of onerous data gathering,
evaluation, and reporting requirements on the Department of
Education. There is an unusual provision in the bill, § 6,
that would prohibit the Secretary from issuing regulations
under the Act that "would procedurally or substantively
lessen the protections provided to handicapped children
under this Act, as embodied in regulations in effect on
July 20, 1983 except to the extent that such regulation
reflects the clear and unequivocal intent of the Congress in
legislation. The Secretary is also required to consult
with panels of outside experts before making grants under
the Act.
OMB and Education recommend approval; Justice has no
comment. I have reviewed the memorandum for the President
prepared by OMB Director David A. Stockman, and the bill
itself, and have no legal objection. Difficult questions
may arise in interpreting the "freezing" provision, § 6, but
objections to that provision do not justify overriding the
decisions of the affected agencies to continue the grant
program under this Act.
Attachment
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 1341 -- Education of the
Handicapped Act Amendments of 1983
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 11/30/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
November 30, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 1341 -- Education of the
Handicapped Act Amendments of 1983
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 11/30/83
CC: FFFielding/JGRoberts/Subj/Chron
ID # 168287
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o * OUTGOING
H - INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard G. DARMAN
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enrolled Bill S. 1341 - Education of the
Handicapped act amendments of 1983
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR
83/11/30
/ /
Referral Note:
CUDT18
D
83111 130
5831201
Referral Note:
10:00 am
11
/ /
I
Referral Note:
/ /
/ /
Referral Note:
/ /
/
/
I
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
Document No. 168287SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
11/29/83
ACTION/CONCURRENCE/COMMENT DUE BY:
10:00 a.m. 12/1/83
SUBJECT: Enrolled Bill S. 1341 - Education of the Handicapped Act
Amendments of 1983
ACTION FYI
ACTION FYI
VICE PRESIDENT
HICKEY
MEESE
JENKINS
BAKER
McFARLANE
DEAVER
McMANUS
STOCKMAN
MURPHY
DARMAN
P
85
ROGERS
DUBERSTEIN
SPEAKES
FELDSTEIN
SVAHN
FIELDING
-
VERSTANDIG
FULLER
WHITTLESEY
GERGEN
HERRINGTON
REMARKS:
Please provide comments/recommendations on the attached
enrolled bill by 10:00 a.m. THURSDAY, December 1, 1983.
Thank you.
RESPONSE:
NOV 30
Richard G. Darman
Assistant to the President
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
NOV 20 1983
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 1341 - Education of the Handicapped
Act Amendments of 1983
Sponsor - - Sen. Hatch (R) Utah
Last Day for Action
December 5, 1983 - Monday
Purpose
Extends and amends the discretionary programs authorized under
the Education of the Handicapped Act, including creation of new
programs for handicapped youth and the training of parents and
changes in reporting requirements and regulatory procedures;
also extends appropriations authorizations under the
Rehabilitation Act of 1973.
Agency Recommendations
Office of Management and Budget
Approval
Department of Education
Approval
Department of Justice
No comment
(Informally)
Discussion
The Education of the Handicapped act (EHA) is the principal
vehicle for Federal aid to State and local school systems for
educational and related services to handicapped children. In
addition to a State formula grant program, the EHA authorizes
discretionary programs such as regional resource centers, deaf-
blind centers, early childhood education, severely handicapped
projects, regional postsecondary services, special education
personnel development, and a media services and captioned films
program.
On April 22, 1983, the Administration submitted legislation to
the Congress to extend for three years the authorizations for
those EHA discretionary programs scheduled to expire at the end
of fiscal year 1983. The Administration proposed no substantive
changes, but recommended combining some of the authorizations to
increase managerial flexibility.
2
S. 1341 would extend the appropriation authorizations for
expiring EHA discretionary programs through fiscal year 1986,
and would also make numerous changes in those programs, as
summarized below, some of which the Administration objected to.
In an effort to enact this legislation before adjournment, a
bipartisan agreement was struck in the last days of this year's
session, and the bill -- with agreed-upon amendments -- was
passed in the House by 415-1. The Senate passed it by voice
vote.
As part of the bipartisan agreement, S. 1341 includes extensions
of the appropriation authorizations under the Rehabilitation
Act, through fiscal year 1986 for the State grant program and
through 1984 for the discretionary programs and the independent
Architectural and Transportation Barriers Compliance Board
(ATBCB) authorized by section 502 of the Act. Separate legisla-
tion to provide these authorizations had reached an impasse
because the House bill (H.R. 3520) included a number of
excessive budget authorizations for programs unrelated to the
Rehabilitation Act, and the Administration had threatened veto.
Before the House floor vote on the EHA bill, the Administration
indicated it would not object to passage, with the adoption of
certain amendments that were part of the bipartisan agreement.
Education of the Handicapped Act
S. 1341 contains a number of initiatives which the Department of
Education supports in its enclosed views letter. These include:
-- expansion of the Preschool Incentive Grant program to
allow States to serve children from birth through age 2, instead
of starting services at age 3;
-- new authorities for postsecondary and secondary education
programs and transitional services to improve the potential for
handicapped youth to move from EHA school services to work,
further education, or more independent living; and
-- increased emphasis on the training of parents of handi-
capped children, including authority for the Secretary to make
grants to private nonprofit organizations for this purpose.
Education also believes the bill's "by-pass" provision is
desirable. Under this provision, similar to those in most other
education grant programs, the Secretary could provide special
educational services directly to handicapped children attending
private schools in States (two at most) where the State educa-
tional agency is now prohibited by State law from providing such
services. The Secretary would fund the by-pass by withholding
up to the Federal per-child amount from the State and paying it
to the service provider. Without such a by-pass, the only way
to ensure services to eligible private school children is to
withhold all funds from a public agency.
3
S. 1341 would also redirect the regional resource center program
toward technical assistance and training rather than direct
service, a change that is consistent with the Administration's
fiscal year 1984 budget policy.
Although the enrolled bill incorporates certain amendments
offered by the Department of Education, it contains a number of
objectionable provisions, as follows:
Excessive Authorization Levels -- The bill would authorize
appropriations for EHA discretionary activities totaling $164.0
million for fiscal year 1984, $171.8 million for 1985, and
$179.8 million for 1986. This compares to the enacted appropri-
ation of $144.2 million for fiscal year 1984. The 1985 level in
the bill represents an increase of 19% over fiscal year 1984 and
is 102% above the amount estimated for 1985 in your 1984 Budget.
Data Gathering, Reporting, and Evaluation Requirements --
The bill would substantially expand already complex and detailed
evaluation requirements, and add new reporting and data-
gathering requirements including:
Summaries of materials produced or developed by each
regional resource center to be reported to the Congress.
Detailed information, to be reported annually to the
Secretary, on (1) the numbers of deaf-blind children and
youth served by age, severity, and nature of deaf-blind-
ness; (2) the number of paraprofessionals, professionals,
and family members directly served by each activity; and
(3) the types of services provided.
Reports to the Congress containing detailed specified
information on early childhood education State grants.
Reports to the Secretary and Congress on the numbers of
personnel trained and awarded degrees by category and
level of training under the special education personnel
development program.
O A report to the Congress on research projects.
Limitations on the Secretary's Authority -- The enrolled
bill impinges upon the flexibility of the Secretary to administer
the EHA programs and limits the administrative discretion
necessary to adjust the programs to changing conditions. In
particular, it would:
-- require regulations implementing the Part B State grant
program to be published for 90 days for public comment (increased
from 30).
-- prohibit the Secretary from altering current regulations
in any way that would lessen protections provided by those
regulations to handicapped children.
4
-- continue, with some amendment, the specification in
current law of the Department's organization and staffing for
special education programs.
-- reestablish the National Advisory Committee on the
Education of Handicapped Children and Youth, which duplicates the
duties and jurisdiction of the National Council on the
Handicapped.
-- require the Secretary to consult with outside panels of
experts before making any grants or contracts under almost all
the EHA programs.
Rehabilitation Act of 1973
As noted above, the enrolled bill would reauthorize the basic
State grant program under the Rehabilitation Act of 1973 for
fiscal years 1984, 1985, and 1986, and the various discretionary
programs under the Act for fiscal year 1984 only. For basic
State grants, the bill would authorize an appropriation of
$1,037.8 million for 1984, $33.9 million more than the actual
1984 appropriation; for 1985 and 1986, the appropriation
authorization would be determined by changes in the Consumer
Price Index. Education believes that the 1984 appropriation,
which is about 6 percent higher than the 1983 appropriation
level, is more than sufficient to cover any increased costs
attributable to inflation.
For discretionary programs under the Rehabilitation Act and the
ATBCB, the bill would authorize $117.1 million for 1984, plus
"such sums" amounts for grants to Indian tribes. Generally, the
authorizations contained in S. 1341 for the discretionary
programs are close to the 1984 appropriations already enacted
(overall, $116.9 million has been appropriated for the
discretionary programs covered by this bill and for the ATBCB).
Other Appropriation Authorizations
The enrolled bill would amend the Omnibus Budget Reconciliation
Act of 1981 to increase the 1984 authorization levels to $1,071.8
million for the EHA State grant, $5.5 million for the American
Printing House for the Blind, $28.0 million for the National
Technical Institute for the Deaf, and $56.0 million for Gallaudet
College. These amounts are close to the enacted appropriations
for 1984.
Summary and Recommendations
As described above, S. 1341 contains both unobjectionable
features and undesirable provisions. It should be noted that
certain provisions to which the Administration objected strongly
were deleted from the final version of the bill as follows:
5
-- ambiguous terms, such as "behaviorally disordered" and
"developmentally delayed," which would have created major
implementation problems. Instead, the enrolled bill requires a
special study of the term "behaviorally disordered, which
Education believes is a prerequisite to any change of fundamental
terms in the EHA.
-- authority for the Secretary to waive, at the request of a
State, any Federal regulation (including those administered by
other Executive agencies) which would interfere with achievement
of program objectives of grants to States for early education for
handicapped children.
In recommending that you sign S. 1341, Education states that it
believes the bill's improvements to EHA "outweigh the burden and
inconvenience of evaluation and reporting requirements and the
predictable inclusion of statutory prescription." The Department
also states that the enrolled bill represents a significant
improvement over the original House and Senate bills.
Considering all the aspects of this legislation, I agree with
Education that you should sign S. 1341.
(signed) David A. Stockman
David A. Stockman
Director
Enclosures
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
November 30, 1983
REMARKS OF THE PRESIDENT
AT THE SIGNING CEREMONY
FOR HR 2780
STATE AND LOCAL FISCAL ASSISTANCE AMENDMENTS OF 1983
3:14 PM EST
The East Room
THE PRESIDENT: Good afternoon. I learned in public
speaking once that you were never supposed to open any remarks with
any apology, but I also found out in this job, nine times out of ten
you have to apologize for being late. So, I apologize for keeping you
all waiting.
I'm delighted to see members of Congress, mayors, and
the other local officials who are here in the White House this after-
noon. It's good to have you in the house that belongs to all of us
from every city, county, and town.
Like millions of Americans, I grew up in a small town.
Back in Dixon, Illinois, government officials and the citizens they
were serving knew each other. They were part of the same community,
lived next door to each other, and went to the same high school football
games, and bumped into each other at the grocery. Dixon officials knew
what the people of Dixon needed and they were able to meet those needs
with efficiency and imagination.
Local government meeting local needs -- that's a
fundamental principle of good government. Many government workers
here in Washington are diligent and dedicated; I've found that out.
And yet they can't know the American people as well as you or congress-
men or mayors, county and local officials. If those at the grassroots
are to get their jobs done and get them done right, we must give them
the resources they need.
This bill will send $4.6 billion from Washington back
to our cities, counties, and towns. The money will not be spent as
Washington dictates, but as local officials choose. It will support
police and fire protection, libraries, street maintenance, and other
basic local services. And since less than one percent of the total
will be used for administration, the general revenue sharing program
will set a superb example of government efficiency for other federal
programs.
MORE
- 2 -
It took a lot of doing to hammer this bill together.
But funding a program at this level will enable us to continue
our partnership with local governments without fueling deficits.
My heartfelt thanks to all who helped build the wide
and bipartisan support that this bill enjoyed. For my part, signing
this bill represents a great personal pleasure. I pledged my sup-
port for revenue sharing to the United States Conference of Mayors
back in 1980, and since then, I've repeated my, or restated my
support before the National League of Cities, the National Association
of Counties, the National Association of Towns and Townships, and
many others. The federal government never spent money more wisely
than by devoting it to general revenue sharing. Today I'm delighted
to reaffirm my support with a pen -- two pens. Pens only write
one word, government pens do. (Laughter.)
So I thank you all and God bless you I will now get
my name on that piece of paper. (Applause.)
(The bill is signed.)
Thank you all for being here. Bless you all.
END
3:18 P.M. EST
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
November 30, 1983
The President today signed the following legislation:
S. 450 which strengthens the investigatory and enforcement powers
of the U.S. Postal Service with regard to mail fraud;
S.J. Res. 44 which designates the week beginning March 11, 1984,
as "National Surveyors Week";
S.J. Res. 141 which designates the week of December 4-10, 1983, as
"Carrier Alert Week";
H.R. 724 which enables Carlos Mebrano Gatson to qualify for
admission to the United States as an immediate relative of a
United States Citizen;
H.R. 2196 which authorizes appropriations for the programs of
the National Historical Publications and Records Commission;
H.R. 2479 which amends the Act incorporating the Acacia Mutual
Life Insurance Company to change the required minimum number of
directors;
H.R. 4294 which names (1) the VA Medical Center in Altoona,
Pennsylvania, the "James E. Van Zandt Veterans' Administration
Medical Center" and (2) the VA Medical Center in Dublin, Georgia,
the "Carl Vinson Veterans' Administration Medical Center"; and
H.J. Res. 324 which designates the week beginning January 15, 1984,
as "National Fetal Alcohol Syndrome Awareness Week".
# # #
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
December 2, 1983
The President today signed the following legislation:
S. 1341 which extends and amends the discretionary programs
authorized under the Education of the Handicapped Act, including
creation of new programs for handicapped youth and the training
of parents and changes in reporting requirements and regulatory
procedures; also extends appropriations authorizations under
the Rehabilitation Act of 1973;
H.R. 2395 which (1) extends the authorization of appropriations
for the Wetlands Loan Act for one year and (2) delays for one
year the mandatory repayments to the Treasury for advances made
to the Wetlands Loan Fund;
H.R. 2785 which (1) authorizes fiscal year 1984 appropriations
for the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA) and (2) reauthorizes the Scientific Advisory Panel
through fiscal year 1987;
H.R. 2906 which authorizes appropriations for fiscal years 1984
and 1985 for the Arms Control and Disarmament Agency (ACDA) ;
requires attendance of the Director of ACDA at certain National
Security Council meetings;
H.R. 3765 which declares that approximately 3,800 acres of
public land in Clark County, Nevada, be held in trust for the
Las Vegas Paiute Tribe and become part of the Tribe's reservation;
H.R. 4252 which extends the authority for Puerto Rico to provide
cash for nutrition assistance instead of food stamps; and amends
the food stamp law to give States more flexibility in administering
the program; and
H.J. Res. 311 which designates March 20, 1984, as "National
Agriculture Day. "
###
THE WHITE HOUSE
WASHINGTON
December 6, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
82R
SUBJECT:
Enrolled Bill H.R. 4185 -- Department
of Defense Appropriation Bill 1984
Richard Darman has asked for comments on the above-
referenced enrolled bill by 10:00 a.m. tomorrow. This bill
provides $249.8 billion for Defense and related agencies,
some $11.1 billion less than requested. Most requested
systems are funded, except for procurement of binary
chemical weapons. A $24 million cap is put on funds for
operations in Nicaragua. The bill contains the usual
anti-lobbying riders (§§ 702 and 777), a ban on the use of
funds to perform abortions except when the life of the
mother is endangered (§ 751), and a funding ban on the use
of dogs or cats to train Defense medical students in the
treatment of wounds (§ 791).
OMB and Defense recommend approval. I have reviewed the
memorandum for the President prepared by OMB Director David
Stockman, and the bill itself, and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
December 6, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 4185 -- Department
of Defense Appropriation Bill 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 12/6/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
December 6, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 4185 -- Department
of Defense Appropriation Bill 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 12/6/83
CC: FFFielding/JGRoberts/Subj/Chron
ID #. 168333 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Richard G. DARMAN
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User Codes: (A)
(B)
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Subject:
Enrolled. Bill H.R. 4185 - Department f
Defense appropriation Bill 1984
ROUTE TO:
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DISPOSITION
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CULTOLL
ORIGINATOR 83,12,05
/ /
Referral Note:
CUAT18
D 83/12/05
583112107
Referral Note:
10:00am
/
/
/
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I
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/
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I
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I
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R - Direct Reply w/Copy
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S Suspended
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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
Document No. 168333SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
12/5/83
ACTION/CONCURRENCE/COMMENT DUE BY:
12/7 - 10:00 A.M.
ENROLLED BILL H.R. 4185 - DEPARTMENT OF DEFENSE APPROPRIATION BILL
SUBJECT:
1984
ACTION FYI
ACTION FYI
VICE PRESIDENT
HICKEY
MEESE
JENKINS
BAKER
McFARLANE
DEAVER
McMANUS
STOCKMAN
MURPHY
DARMAN
P
SS ROGERS
DUBERSTEIN
SPEAKES
FELDSTEIN
SVAHN
FIELDING
VERSTANDIG
FULLER
WHITTLESEY
GERGEN
HERRINGTON
REMARKS:
May we have your comments on the attached Enrolled Bill by 10:00 a.m.
Wednesday, December 7. Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF management AND BUDGET
WASHINGTON, D.C. 20503
DEC 5 1983
MEMORANDUM FOR THE PRESIDENT
SUBJECT: Enrolled Bill H.R. 4185 -- Department of Defense
Appropriation Bill, 1984
Sponsor: Rep. Whitten (D), Mississippi
Last Day for Action
December 10, 1983
Purpose
Provides spending authority totaling $249.8 billion for the
Department of Defense and related agencies.
Highlights
- The funding levels provided in the enrolled bill are, when
adjusted for differences in treatment of pay raises,
$19.0 billion above the amounts appropriated in 1983 but
$11.1 billion less than the amounts requested.
- The bill provides funds for virtually all major weapons
systems requested.
- The enrolled bill provides funds for the procurement of 21
MX missiles compared to the 27 requested. Your request of
$604 million for MX follow-on technology was reduced by
$125 million.
- The bill provides funds for 825 M-1 tanks, an increase of
105 over your requested level of 720.
- No funding is provided for the procurement of binary
chemical weapons.
- Language is included in the bill that no more than
$24 million of the funds provided may be used by the
CIA, DOD, or any other agency for military or paramilitary
operations in Nicaragua.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval (informally)
2
Summary of Congressional Action
(budget authority in millions of dollars)
Enrolled Bill
1984
1983
Enrolled
VS
Request
Enacted
Bill
1983 Enacted
Annually funded
programs
243,844
216,103
232,982
+16,879
(Programs)
(243,844)
(214,400)
(232,982)
(+18,581)
(Pay raise)
(---)
(1,702)
(---)
(-1,702)
Non-discretionary
spending
17,082
16,394
16,839
+446
Total funding
260,926
232,496
249,821
+17,324
(Programs)
(260,926)
(230,794)
(249,821)
(+19,027)
Note: Detail may not add to total due to rounding.
Discussion
While the bill has reduced your request for MX follow-on
technology, funds were provided for the procurement of the
authorized number (21) of MX missiles. In addition, funding was
provided at your requested level for the development of the
missile launcher.
Unlike the 1983 Defense Appropriation Bill, which included $1.7
billion for pay raises, this bill does not include funds for the
1984 civilian and military pay raise.
Although the overall level of funding provided in the bill is
below your request, it provides substantial resources for our
national security needs and still leaves opportunity to request
additional funds during the next session of Congress, should you
find that desirable.
Recommendation
Despite reductions to your 1984 request, the bill provides
programmatic funding that is $19 billion above the 1983 enacted
levels.
I recommend that you sign the enrolled bill.
DAVID A. STOCKMAN'
David A. Stockman
Director
THE WHITE HOUSE
WASHINGTON
December 8, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DRR
SUBJECT:
Enrolled Bill H.R. 2968 -- Intelligence
Authorization Act for FY 1984
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business December 8.
The bill authorizes appropriations for the various
intelligence agencies for fiscal year 1984. As in the
Defense Appropriation Act, a limit of $24 million for
Nicaraguan operations is imposed. This bill also contains
an assortment of personnel provisions requested by the
Administration, such as a provision permitting detailees to
receive incentive awards available to CIA employees.
Section 501 of the bill authorizes the Director of the
Defense Intelligence Agency to provide certain Foreign
Service benefits to defense attachés. Regulations to
implement this provision "shall be submitted to the
Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives
and the Committee on Armed Services and the Select Committee
on Intelligence of the Senate before such regulations take
effect." This is not an unconstitutional "legislative veto"
since no provision is made for committee action to block the
regulations.
OMB, CIA, Defense, NSC, Energy, and State recommend
approval; Justice and OPM have no objection. I have
reviewed the memorandum for the President prepared by OMB
Director David Stockman, and the bill itself, and have no
objection.
Attachment
THE WHITE HOUSE
WASHINGTON
December 8, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 2968 -- Intelligence
Authorization Act for FY 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
We have not yet received and accordingly have not had an
opportunity to review the signing statement submitted by the
Central Intelligence Agency.
FFF:JGR:aea 12/8/83
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
December 8, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DrR
SUBJECT:
Enrolled Bill H.R. 2968 --- Intelligence
Authorization Act for FY 1984
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business December 8.
The bill authorizes appropriations for the various
intelligence agencies for fiscal year 1984. As in the
Defense Appropriation Act, a limit of $24 million for
Nicaraguan operations is imposed. This bill also contains
an assortment of personnel provisions requested by the
Administration, such as a provision permitting detailees to
receive incentive awards available to CIA employees.
Section 501 of the bill authorizes the Director of the
Defense Intelligence Agency to provide certain Foreign
Service benefits to defense attachés. Regulations to
implement this provision "shall be submitted to the
Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives
and the Committee on Armed Services and the Select Committee
on Intelligence of the Senate before such regulations take
effect." This is not an unconstitutional "legislative veto"
since no provision is made for committee action to block the
regulations.
OMB, CIA, Defense, NSC, Energy, and State recommend
approval; Justice and OPM have no objection. I have
reviewed the memorandum for the President prepared by OMB
Director David Stockman, and the bill itself, and have no
objection.
Attachment
THE WHITE HOUSE
WASHINGTON
December 8, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 2968 --
Intelligence
Authorization Act for FY 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
We have not yet received and accordingly have not had an
opportunity to review the signing statement submitted by the
Central Intelligence Agency.
FFF: JGR:aea 12/8/83
CC: FFFielding/JGRoberts/Subj/Chron
ID # 168331 CU
(In
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard G. DARMAN
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enrolled Bill H.R. 2968- intelligence
authorization Oct for FY '84
ROUTE TO:
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DISPOSITION
Tracking
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Completion
Action
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Date
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CUHOLL
ORIGINATOR 83,12,07
/ /
Referral Note:
CUATIE
D
831212107
58312,08
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
Document No. 168331SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
12/7/83
ACTION/CONCURRENCE/COMMENT DUE BY: 12/8/83 c.o.b.
SUBJECT: ENROLLED BILL H.R. 2968 - INTELLIGENCE AUTHORIZATION ACT FOR FY '84
ACTION FYI
ACTION FYI
VICE PRESIDENT
HICKEY
MEESE
JENKINS
BAKER
McFARLANE
DEAVER
McMANUS
STOCKMAN
MURPHY
DARMAN
P
185
ROGERS
DUBERSTEIN
SPEAKES
FELDSTEIN
SVAHN
FIELDING
VERSTANDIG
FULLER
WHITTLESEY
GERGEN
HERRINGTON
REMARKS:
May we have your comments on the attached Bill by close of business
tomorrow, Thursday, 12/8. Thank you.
RESPONSE:
1983 DEC -7 PM 1: 18
Richard G. Darman
Assistant to the President
Ext. 2702
ReceivedSS
SECURITY OF RESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
1983 DEC -7 AM II: 47
WASHINGTON, D.C. 20503
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 2968 - Intelligence Authorization Act
for Fiscal Year 1984
Sponsor - Rep. Boland (D) Massachusetts
Last Day for Action
December 10, 1983 - Saturday
Purpose
(1) Authorizes appropriations for fiscal year 1984 for the
intelligence and intelligence-related activities of the United
States Government, for the Intelligence Community Staff, for the
Central Intelligence Agency Retirement and Disability System, and
for counter-intelligence activities of the Federal Bureau of
Investigation; (2) limits covert support for military or
paramilitary operations in Nicaragua and expresses findings of
Congress with respect to Nicaragua; and (3) contains several
personnel-related provisions.
Agency Recommendations
Office of Management and Budget
Approval
Central Intelligence Agency
Approval (Signing
Statement attached)
Department of Defense
Approval
National Security Council
Approval
Department of Energy
Approval
Department of State
Approval
Department of Justice
No objection (Informal)
Office of Personnel Management
No objection (Informal)
Department of the Treasury
No comment (Informal)
Discussion
Appropriations Authorizations
H.R. 2968 authorizes fiscal year 1984 appropriations of
(a) $13,800,000 for counter-terrorism activities of the Federal
Bureau of Investigation, (b) $18,500,000 and 215 personnel for
the Intelligence Community Staff, and (c) $86,300,000 for the
Central Intelligence Agency Retirement and Disability System. In
addition, the enrolled bill authorizes the appropriation of
2
additional amounts for intelligence and intelligence-related
activities for 1984 which are contained in a classified schedule
attached to the classified conference report. With minor and
acceptable changes, these amounts are consistent with your budget
request. Of the amounts authorized for intelligence activities,
the enrolled bill earmarks (1) $75.5 million for the construction
of an additional building at Central Intelligence Agency
headquarters and (2) $3 million for transfer to the State of
Virginia for highway improvements associated with construction at
the CIA.
Covert Assistance for Military Operations in Nicaragua
Despite strong Administration objections, the House-passed
version of H.R. 2968 would have (1) terminated assistance for
military and paramilitary activities in Nicaragua and
(2) authorized $50 million for arms interdiction assistance to
friendly Central American countries. As a compromise, the
conferees agreed instead to limit assistance in support of
military or paramilitary operations in Nicaragua during fiscal
year 1984 to $24 million, the same amount provided in the 1984
Defense Appropriation Act. Furthermore, the conferees adopted
language expressing the findings of Congress that the Government
of Nicaragua (1) has failed to keep promises (human rights, free
elections, etc.) made to the Organization of American States in
July 1979, (2) has violated the OAS charter by intervening into
the affairs of other nations, and (3) should be held accountable
before the OAS, as the proper organization for dealing with
threats to peace in Central America. The enrolled bill calls
upon the President to work through the OAS to seek peace in
Central America, and H.R. 2968 requires the President to report
to Congress no later than March 15, 1984, on the results of his
efforts to achieve peace in Central America.
Personnel Provisions
As requested by the Administration, the enrolled bill makes
several changes affecting intelligence personnel. In particular,
the enrolled bill:
-- permits the Director of Central Intelligence (DCI) to
authorize the employment of additional civilian personnel by
the CIA in numbers not to exceed two percent of those
authorized for the Agency in its authorization act for
fiscal year 1984, when it is determined that such action is
necessary for the performance of important intelligence
functions;
-- authorizes the DCI to fix the minimum and maximum age limits
for new operations officers of the CIA;
3
-- provides that a commissioned military officer appointed as
Director or Deputy Director of the Intelligence Community
Staff shall retain all rights and privileges which normally
pertain to his rank; and
-- permits civilian and military detailees and assignees of the
CIA or intelligence community staff to receive incentive
awards available to CIA employees.
In addition, the enrolled bill gives the Secretary of Defense
discretionary authority to provide designated U.S. military and
civilian personnel assigned to Defense Attache Offices and
Defense Intelligence Liaison Offices outside the United States
certain allowances and benefits comparable to those already
provided under law to Foreign Service officers.
The enrolled bill passed the House by a vote of 243 to 171 and
the Senate by voice vote. The conference report was agreed to in
both Houses by voice vote
David A. Stockman
Director
Enclosures