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JGR/Enrolled Bills - October 1984 (3 of 4)
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JGR/Enrolled Bills - October 1984 (3 of 4)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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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: JGR/Enrolled Bills - October 1984
(3 of 4)
Box: 22
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/
THE WHITE HOUSE
WASHINGTON
October 17, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
JOHN G. ROBERTS OPR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S. 1151 -- Old Age Assistance Claims
Settlement Act
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID # 235594 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H - INTERNAL
JGR
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: S. 1151 - old Age Assistance Claims
Settlement Act
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cuttou
ORIGINATOR 84,10,17
/ /
Referral Note:
CUAT18
R 84,10,17
584,10,17
Referral Note:
2:00
/ /
/ /
-
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
THE WHITE HOUSE
WASHINGTON
October 17, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S. 2663 -- Lake Traverse Indian
Reservation
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID # 244784 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
JGR
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: S. 2663 - Lake Traverse Indian
Reservation
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOW
ORIGINATOR 84,100,17
/ /
Referral Note:
CUAT 18
R 84,10,17
584,10,17
Referral Note:
2:00
/ /
/
/
-
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
THE WHITE HOUSE
WASHINGTON
October 18, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT AND
DEPUTY TO THE CHIEF OF STAFF
FROM:
ASSOCIATE COUNSEL TO JR THE PRESIDENT
JOHN G. ROBERTS, JR.
SUBJECT:
Enrolled Bill H.R. 4025 - Transfer
of General Post Office Building to
Smithsonian Institution
Counsel's office has reviewed the above-referenced enrolled
bill and finds no objection to it from a legal perspective.
bcc: Dianna Holland
ID # 244816 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H INTERNAL
JGP
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enrolled Bill H.R 4025 - Transfer of
General Institution Post Office Building to Smithsonian
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHON
ORIGINATOR 84,10,17
/ /
Referral Note:
CUAT 18
R 84,10,17
$84,10,18
Referral Note:
2:00
/
/
/
/
-
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. 244816SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 10/17/84
ACTION/CONCURRENCE/COMMENT DUE BY: 10/18 - 2:00 p.m.
SUBJECT: ENROLLED BILL H.R. 4025 - TRANSFER OF GENERAL POST OFFICE BUILDING
TO SMITHSONIAN INSTITUTION
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
May we have your comments on the attached bill by 2:00 p.m. tomorrow.
Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 OCT 17 PM 2: 53
Ext. 2702
OFFICE OF PRESIDENT OF UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 17 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 4025 - Transfer of General Post
Office Building to Smithsonian Institution
Sponsors - Rep. Young (D) Missouri and 2 others
Last Day for Action
October 23, 1984 - Tuesday
Purpose
Authorizes the General Services Administration to transfer the
General Post Office Building, in Washington, D.C., to the
Smithsonian Institution.
Agency Recommendations
Office of Management and Budget
Approval
Smithsonian Institution
Approval
General Services Administration
Defers
U.S. International Trade Commission
No comment Informally
Discussion
H.R. 4025 authorizes transfer of the General Post Office
Building, in Washington, D.C., to the Smithsonian Institution and
provides for relocation of the present occupant, the United
States International Trade Commission (the "Commission"). The
General Services Administration (GSA) advises informally that the
estimated fair market value of this building is between $25
million and $35 million. Major provisions of the enrolled bill,
which passed both Houses by voice vote, are summarized below.
-- Building Transfer
H.R. 4025 authorizes GSA to transfer the General Post Office
Building, which now houses the Commission, to the Smithsonian
Institution without reimbursement for use as an art gallery.
In addition, the bill authorizes appropriations of $40 million
for the Smithsonian Institution for the renovation and repair of
the building after the transfer is made.
-- Relocation of the Interntional Trade Commission
H.R. 4025 will also require GSA, in consultation with the
Chairman of the Commission, to relocate the Commission to another
2
building in downtown Washington, D.C. Until the relocation is
accomplished, GSA will be required to maintain the building to
prevent its deterioration and to assure its safety and usability.
Finally, H.R. 4025 requires both the Administrator of General
Services and the Commission Chairman to report regularly to
Congress on the status of the Commission's relocation.
Conclusion
Throughout congressional consideration of H.R. 4025, the
Administration urged that the bill be amended to require the
Smithsonian to reimburse the Treasury for the appraised fair
market value of the building, consistent with Administration
policy governing the transfer of property among agencies.
Notwithstanding the unwillingness of Congress to make such an
amendment, and recognizing the unique national character of the
Smithsonian, approval of H.R. 4025 is recommended.
James Director for
James M Shey Legislative Reference
Enclosures
4025
Ninety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Art
To authorize the Administrator of General Services to transfer to the Smithsonian
Institution without reimbursement the General Post Office Building and the site
thereof located in the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That at such time
as it is declared to be excess property pursuant to section 2(d) of this
Act, the Administrator of General Services (hereinafter in this Act
referred to as the "Administrator") is authorized to transfer to the
Smithsonian Institution, in accordance with section 202 of the Fed-
eral Property and Administrative Services Act of 1949 (40 U.S.C.
483), without reimbursement, and for use by the Smithsonian Insti-
tution for certain art galleries and related functions, the General
Post Office Building with any attached underground structures and
the site of such building, located between Seventh and Eighth
Streets Northwest and E and F Streets Northwest, in the District of
Columbia.
SEC. 2. (a) The Administrator, at the earliest practicable date,
shall relocate all operations of the United States International
Trade Commission (hereinafter in this Act referred to as the "Com-
mission") to a building in downtown Washington, District of Colum-
bia. The Administrator's determination as to such relocation shall
be based on studies and investigations in which the Chairman of the
Commission shall have full opportunity to consult and cooperate
with the Administrator. Such consultation shall include opportunity
for the Chairman to participate jointly with the Administrator in
surveys of available buildings and to submit views and recommenda-
tions to the Administrator with respect to space suitable for the
Commission's operations. The Administrator shall advise the Chair-
man in writing of the building to which the operations of the
Commission are to be relocated. The Administrator's determination
of such relocation shall not take effect for a period of at least sixty
days after the date such determination is made and the Chairman is
advised of the building to which the operations of the Commission
are to be relocated. In the event the Chairman disagrees with the
Administrator's determination of such relocation, the Chairman,
within thirty days after the Chairman is advised of the building to
which the operations of the Commission are to be relocated, may
make a written request for review of such determination to the
Administrator, and the Administrator shall conduct a formal review
of such determination.
(b) The Administrator and the Chairman shall each report sepa-
rately in writing to the Committees on Environment and Public
Works, Finance, Rules and Administration, and Governmental Af-
fairs of the Senate and to the Committees on Public Works and
Transportation, Ways and Means, House Administration, and Gov-
ernment Operations of the House of Representatives not later than
sixty days after the date of enactment of this Act and every thirty
H.R. 4025-2
days thereafter on the status of the relocation required by this
section.
(c) During the period in which the Commission and the United
States Postal Service continue to occupy the General Post Office
Building referred to in the first section of this Act, the Administra-
tor shall maintain such building in order to prevent its deterioration
and to assure that conditions therein are safe and the building is
presentable and suitable to the normal operations of the Commis-
sion and such Service.
(d) Upon accomplishment of the relocation required by subsection
(a) of this section, the Administrator shall declare the property
referred to in the first section of this Act to be excess property as
defined in section 3 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 472).
SEC. 3. There is authorized to be appropriated to the Board of
Regents of the Smithsonian Institution $40,000,000 for fiscal years
beginning after September 30, 1984, for renovation and repair, after
the transfer made under the first section of this Act, of the General
Post Office Building referred to in such section. Any portion of the
sums appropriated under this section may be transferred to the
General Services Administration which, in consultation with the
Smithsonian Institution, is authorized to enter into contracts and
take such other action, to the extent of the sums so transferred to it,
as may be necessary to carry out such renovation and repair. No
contract for such renovation or repair shall be advertised or entered
into before the end of the period of thirty days of continuous session
of Congress beginning on the date the Smithsonian Institution
submits to the Committees on Public Works and Transportation and
House Administration of the House of Representatives and the
Committees on Environment and Public Works and Rules and
Administration of the Senate the plans and advanced engineering
and design for such renovation and repair. For purposes of this
section, continuity of session is broken only by an adjournment of
Congress sine die, and the days on which either House is not in
session because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of time in
which Congress is in continuous session.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WHITE HOUSE
WASHINGTON
October 18, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Enrolled Bill S. 607 - Public Broadcasting
Amendments Act of 1984
Richard Darman has asked for comments by noon today on the
above-referenced enrolled bill. On August 29, the President
vetoed a predecessor bill, S. 2436, because the authorized
appropriations of $920 million were excessive. He indicated he
would accept a bill authorizing $694 million (the levels in the
so-called Oxley Amendment). This bill authorizes $775 million,
and both OMB and Commerce recommend disapproval.
Our office is of course not expert in setting budget levels, and
I do not recommend second-guessing OMB and Commerce. I would
note, however, that the instant bill shaves $145 million off the
original bill, leaving the spending only $81 million above the
President's request. In other words, Congress has met the
President considerably more than half way, and the President by
vetoing this bill again will antagonize a large and influential
group, to gain only $81 million - the equivalent of a few Air
Force coffee makers. The attached memorandum for your signature
notes no legal objection to the recommendation of disapproval, or
to the memorandum of disapproval. If you wish to weigh in on the
policy decision, I will be happy to provide a memorandum along
the lines of the discussion above.
Attachment
THE WHITE HOUSE
WASHINGTON
October 18, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT AND
DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 607 - Public Broadcasting
Amendments Act of 1984
Counsel's office has reviewed the above-referenced enrolled
bill, and has no legal objection to the recommendation of OMB
and Commerce that the President disapprove this bill. I also
have no legal objection to the draft memorandum of disapproval.
FFF/JGR/nb
CC: FFFielding/JGRoberts/Subj./Chron.
THE WHITE HOUSE
WASHINGTON
October 18, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT AND
DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 607 - Public Broadcasting
Amendments Act of 1984
Counsel's office has reviewed the above-referenced enrolled
bill, and has no legal objection to the recommendation of OMB
and Commerce that the President disapprove this bill. I also
have no legal objection to the draft memorandum of disapproval.
ID #. 235591 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I INCOMING
JGP
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: 5. 607- Public Broadcasting
Amendments Act
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cuttou
ORIGINATOR 84,10,17
/
/
-
Referral Note:
CUAT 18
D 84,0117
S 84,10,18
Referral Note:
noon
/ /
/ /
-
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. 235591ss
WHITE HOUSE STAFFING MEMORANDUM
10/17/84
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY: NOON TOMORROW, 10/18
SUBJECT:
S. 607 - PUBLIC BROADCASTING AMENDMENTS ACT
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
SS
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
Please provide any comments/recommendations on the attached bill and
any edits on the attached disapproval memorandum.
Thank you.
RESPONSE:
1984 OCT 17 PM 2: 52
Richard G. Darman
Assistant to the President
Ext. 2702
and
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
OF
UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 17 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 607 - Public Broadcasting Amendments
Act of 1984
Sponsor - Sen. Goldwater (R) Arizona
Last Day for Action
October 22, 1984 - Monday
Purpose
To authorize appropriations for (1) the Corporation for Public
Broadcasting (CPB) and (2) the facilities grant program of the
National Telecommunications and Information Administration.
Agency Recommendations
Office of Management and Budget
Disapproval (Memorandum of
disapproval attached)
Department of Commerce
Disapproval (Memorandum of
disapproval attached)
Department of the Treasury
No objection(Informally)
Discussion
-- Description of the Enrolled Bill
Except for the appropriation authorizations levels, this enrolled
bill is identical to S. 2436, which you vetoed on August 29,
1984. In vetoing that bill, you said, in part, that increases in
spending on public broadcasting of the magnitude contemplated by
that bill could not be justified. Your veto message stated that
you could accept legislation authorizing funding along the lines
of the so-called "Oxley amendment," and pointed out that "scaling
this bill back to more fiscally responsible levels in no way
jeopardizes the continued operations of public broadcasting
stations across the Nation. Ample appropriations have already
been enacted into law for all of Fiscal Years 1985 and 1986.
A comparison of the funding levels of S. 607, the bill that was
vetoed, and the "Oxley amendment" follows:
2
Comparison of CPB/Facilities Funding Levels
($ in millions)
Vetoed
Oxley
S. 607
Bill
S. 607
Amendment
VS. Oxley
CPB Funding
1987
238
200
186
+ 14
1988
253
225
214
+ 11
1989
270
250
246
+ 4
Subtotal
761
675
646
+ 29
Facilities
Grant Program
1985
50
25
14
+ 11
1986
53
35
16
+ 19
1987
56
40
18
+ 22
Subtotal
159
100
48
+ 52
Grand Total
920
775
694
+ 81
I
Additional details regarding this legislation are contained in my
memorandum on S. 2436 of August 23, 1984, a copy of which is
attached. (In this connection, the status of the 1987
appropriations for CPB described on page two of the August 23
memorandum has changed. The 1985 Labor, Health, and Human
Services appropriations bill (H.R. 6028) has now passed both
Houses and should be enrolled shortly. This bill would
appropriate $ 200 million for CPB in 1987. (For 1986, $159.5
million has already been appropriated.)
- Agency Views
The Department of Commerce once again recommends disapproval of
the enrolled bill. In its enclosed views letter, Commerce notes
that in vetoing S. 2436, you said that you would have supported
spending increases for CPB and the facilities grant program along
the lines suggested by Congressman Oxley, but that the enrolled
bill -- without justification -- would authorize spending $81
million more than contemplated by the Oxley amendment. Commerce
also questions a provision of the bill that would delete a
requirement that 75% of facilities grant program funds be made
3
available for extending service to new areas. Commerce says that
in so doing, the bill would convert a limited, if inefficient,
capital grant program, into an unwarranted and permanent
operational subsidy program.
-- Recommendation
I again concur in the recommendation of the Department of
Commerce and urge disapproval of the enrolled bill. We have
repeatedly expressed the Administration's very strong opposition
to this legislation. In this instance, the Congress has reduced
authorized funding for CPB and the facilities grant program by
$145 million from the level contained in the bill that was vetoed
earlier. In my view, however, this is hardly sufficient, as it
would still authorize spending $81 million more than envisaged by
the Oxley amendment.
It is important to note that current-year funding for these two
programs totals only $174 million. The Oxley amendment would
have resulted in a generous and barely affordable increase of 15
percent, to $ 200 million. S. 607 goes much further and raises
first-year funding by 29 percent to $225 million for the two
programs. By the third year under S. 607, combined funding would
be $290 million, a 67 percent increase from the current budget
year. Under present fiscal conditions, unrestrained increases of
this magnitude -- no matter how worthy the programs -- are
unacceptable.
S. 607 passed the Senate by voice vote and the House by 308-86.
The Oxley amendment was defeated by 167-233. A Dannemeyer
amendment that would have made greater reductions in authorized
funding was defeated by 68-328.
I should note that the vote on the Oxley amendment is an
indication of substantial support in the House for lower spending
for CPB and the facilities grant program. Because adjournment of
the Congress permits a pocket veto of S. 607, we need not be
concerned about the possibility of a veto override. The vote on
the Oxley amendment, however, provides considerable evidence that
a veto could, in fact, be sustained.
A memorandum of disapproval is attached for your consideration.
It addresses the principal issue more directly, I think, than the
memorandum prepared by the Commerce Department.
David A. Stockman
Director
Enclosures
MEMORANDUM OF DISAPPROVAL
I have withheld my approval from S. 607, the "Public
Broadcasting Amendments Act of 1984."
This Act would authorize appropriations of $200 million, $225
million, and $250 million, respectively, for fiscal years 1987,
1988, and 1989 for the Corporation for Public Broadcasting. It
would also authorize appropriations of $25 million, $35 million,
and $40 million for the Public Telecommunications Facilities
Program administered by the Department of Commerce for fiscal
years 1985, 1986, and 1987.
Public broadcasting has an important role to play in assuring
that a wide variety of information and entertainment choices are
made available to American viewers and listeners. Under S. 607,
however, the authorizations for Federal subsidies to public
broadcasting would increase dramatically. When all of the
demands on the Federal budget are taken into account, I cannot
endorse the levels of spending on public broadcasting
contemplated by this legislation. They are incompatible with the
clear and urgent need to reduce Federal spending.
It is important to note that current-year funding for these
two programs totals only $174 million. The Oxley amendment would
have resulted in a generous and barely affordable increase of 15
percent, to $ 200 million. S. 607 goes much further and raises
2
first-year funding by 29 percent to $225 million for the two
programs. By the third year under S. 607, combined funding would
be $290 million, a 67 percent increase from the current budget
year. Under present fiscal conditions, unrestrained increases of
this magnitude -- no matter how worthy the programs -- are
unacceptable.
Legislation which provides for Federal support of public
broadcasting at realistic and reasonable levels, and which
provides public broadcasters with the means and incentives to
explore alternative revenue sources, would be both appropriate
and welcome. If, however, we are to succeed in reducing Federal
spending -- as we must -- the levels of spending contemplated by
S. 607 cannot be justified.
I vetoed an earlier version of this legislation on August 29,
1984, for precisely the same reasons that I am withholding my
approval of S. 607. I will continue to oppose and reject bills
of this nature until and unless Congress presents me with a bill
that is consistent with sound budget policy. This one is
certainly not, and I decline to approve it.
THE WHITE HOUSE
AUG 23 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2436 - Public Broadcasting Amendments
Act of 1984
Sponsors - Sen. Goldwater (R) Arizona and 56 others
Last Day for Action
August 29, 1984 - Wednesday
Purpose
TO authorize appropriations for (1) the Corporation for Public
Broadcasting and (2) the facilities grant program of the National
Telecommunications and Information Administration.
Agency Recommendations
Office of Management and Budget
Disapproval (Veto
message attached)
Department of Commerce
Disapproval (Veto
message attachedhy
Department of the Treasury
No objection
Discussion
-- Authorization of appropriations for the Corporation for
Public Broadcasting
Funds for public broadcasting are both authorized to be appro-
priated and appropriated two years in advance of the normal
government timetable, in order to increase the ability of the
public broadcasting system to plan for the future, as well as to
facilitate the production of programs requiring long lead times.
The recent authorization and appropriation history of Federal
funds for the Corporation for Public Broadcasting (CPB) is as
follows:
Authorizations in Millions of Dollars
Enrolled Bill
Administration's
Current Law
S. 2436
Proposals
1984
145
110 a)
1985
153
100 a)
1986
162
100 a)
1987
238
100
1988
253
85
1989
270
70
a) March 1981 revisions to Carter budget
2
Appropriations for 1984-1986 -- $137.5 for 1984, $150.5 million
for 1985, and $159.5 million for 1986 -- are only slightly below
the authorized levels. (These figures include supplemental
appropriations contained in H.R. 6040, the Second Supplemental
Appropriations Act, 1984, which is enrolled and awaiting your
action.) Although 1987 funds have not yet been appropriated, the
Labor-Health and Human Services-Education appropriations bill for
1985, H.R. 6028, as passed by the House, contains no funds for
CPB only because of the lack of authorization. As reported in
the Senate, however, the bill contains $238 million, the amount
that would be authorized by this enrolled bill.
-- Facilities grant program of the National Telecommunications
and Information Administration
The facilities grant program of Commerce's National Telecommuni-
cations and Information Administration (NTIA) was originally
intended to provide public broadcasting stations with "seed
money" to acquire new equipment.
-
The authorization level for the program for 1984 is $12 million;
$11.88 million was appropriated. The Administration's 1985
budget requested no funds for the program on the grounds that the
original aim of the program had been achieved. The enrolled
bill, however, would authorize appropriations for the facilities
grant program of $50 million for 1985, $53 million for 1986, and
$56 million for 1987. H.R. 5712, the Commerce-Justice-State-
(
Judiciary appropriations bill for 1985, which is enrolled,
contains $24 million for the program for 1985.
-- Other amendments
The enrolled bill would amend the Communications Act of 1934 in
three additional ways. First, the bill would delete an existing
requirement that at least 758 of funds distributed under the
facilities grant program go for construction of new broadcast
stations. According to the report of the House Committee on
Energy and Commerce, more of this money is needed to repair or
replace equipment at existing stations. Second, CPB's authority
to fund certain research, technical, and training activities
would be clarified. Finally, the bill would repeal the so-called
"unrelated business income tax penalty," which requires public
broadcasters who pay taxes on income earned from activities
unrelated to broadcasting (e.g., leasing of excess satellite
distribution capacity for paging purposes) to refund to CPB an
amount equal to the tax paid. Public broadcasters have argued
that this is an unfair system of double taxation.
3
-- Agency views
The Department of Commerce recommends disapproval of the enrolled
bill. In its enclosed views letter, Commerce indicates that the
CPB authorization levels in S. 2436 "grossly exceed those
recommended by the Administration" and states that such
expenditure levels "cannot be justified in this climate of fiscal
austerity." Commerce makes a similar argument with respect to
the facilities grant program.
Commerce notes that during the House debate on this legislation,
Congressman Oxley offered an amendment that received 176 votes
that would have reduced the increases in the CPB and facilities
grants authorizations to levels considerably below the increases
contained in the enrolled bill. Commerce believes that the
probability of a veto override of this bill would be materially
reduced if the Administration indicated a willingness to accept
authorization levels on the order of those included in the Oxley
amendment. The Department's enclosed draft veto message alludes
to such a willingness.
-- Recommendation
This Administration has consistently but unsuccessfully sought to
reduce Federal support for CPB and to close out NTIA's facilities
grant program. We have repeatedly expressed our very strong
opposition to the appropriation authorization levels in this
bill. I sent letters to the Senate Committee on Commerce,
Science, and Technology and the House Committee on Energy and
Commerce on April 30, 1984, and May 8, 1984, respectively,
stating that enactment of this legislation would "not be in
accord with the program of the President." In addition, the
Administration sent clear veto signals on the bill both when it
was before the House Rules Committee and when it was under
consideration on the floor.
In my view, the massive increases in funding for CPB that the
enrolled bill contemplates, as well as the continuation of the
facilities grant program, cannot be justified as a sound use of
the taxpayers' money. Particularly in a time of severe fiscal
constraint, programs of this nature can and should be phased down
and terminated, not continued and expanded. Extraordinary
increases -- involving, in this case, authorization levels that
are triple the Administration's request -- are especially
objectionable.
I should also note something that supporters of increased funds
for CPB seldom acknowledge: that Federal financial support for
CPB amounts to little more than a subsidy for a service whose
primary beneficiaries are a small number of relatively affluent
viewers and listeners who constitute the bulk of the audience of
public broadcasting stations. A typical public radio station,
4
for example, generally attracts less than a 18 market share for
any given program. of these listeners, most are rather better
off than the community-at-large. Public television stations
attract a larger, but still very small, audience that is somewhat
broader-based than the public radio audience. In these
circumstances, acquiesence in large increases in taxpayer support
of CPB, as we try to hold the line on unnecessary Federal
subsidies elsewhere, strikes me as exceedingly unwise.
With respect to NTIA's facilities grant program, the original
purpose of the program, to assist public broadcasting stations
acquire new equipment, has been achieved. For that reason,
further Federal assistance in this area is neither necessary nor
appropriate.
Moreover, to the extent that the enrolled bill would change the
emphasis of the grant program from the acquisition of new
equipment to the repair and replacement of existing equipment, it
represents a highly questionable departure from previous policy.
It has been argued in the past that alternative funding
arrangements were not available to new public broadcast stations,
and that NTIA seed money for equipment was necessary to get a new
station going and on the air. Once a station is on the air and
operating, however, I am convinced that it can reasonably be
expected to develop new, non-Federal funding sources -- private,
corporate, educational, or the like -- that it can draw on for
financial support for equipment and related items. If the
station cannot develop these kinds of sources, I suggest that it
might be appropriate to assign its license to an entity that can.
Regarding the lineup in Congress on this legislation: it passed
the Senate by voice vote, where it had broad support,
particularly by Senators Goldwater, Packwood, and Hollings.
H.R. 5541, the House counterpart to S. 2436, passed the House by
302-91, while the Oxley amendment, noted earlier, that would have
reduced the bill's authorization levels was defeated by a vote of
176-217. (This amendment would have reduced the authorization
levels for CPB from $238 million to $186 million for 1987; $253
million to $214 million for 1988; and $270 million to $246
million for 1989. The reductions for the facilities grant
program would have been from $50 million to $14 million for 1985;
$53 million to $16 million for 1986, and $56 million to $18
million for 1987.) A Dannemeyer amendment cutting the
authorization levels more deeply lost by a larger margin, 95-298.
The vote on the Oxley amendment, however, is a solid indication
of considerable support in Congress for lower funding levels for
CPB and of the possibility that a veto could be sustained.
Indeed, in a recent letter to me, Congressmen Michel, Broyhill,
and Frenzel urge disapproval of this bill and express optimism
that a veto would be upheld; they also say that they believe
there is little political risk in a veto, and even that could be
5
minimized if Congress, after the veto, passed new legislation
with the authorization levels proposed by Representative Oxley.
I concur in the recommendation of the Commerce Department and am
convinced that disapproval of the enrolled bill is warranted. A
draft veto message is attached for your consideration. It is
virtually identical to Commerce's draft message, but it has been
edited in a few minor respects.
(signed) David A. Stockman
David A. Stockman
Director
S.607
Rinety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Act
To amend the Communications Act of 1934.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Public Broadcasting Amendments Act of 1984".
AUTHORIZATION OF APPROPRIATIONS FOR PUBLIC
TELECOMMUNICATIONS FACILITIES
SEC. 2. Section 391 of the Communications Act of 1934 (47 U.S.C.
391) is amended-
(1) by striking "and" after "1983,"; and
(2) by inserting immediately after "1984," the following:
"$25,000,000 for fiscal year 1985, $35,000,000 for fiscal year 1986,
and $40,000,000 for fiscal year 1987,".
AUTHORIZATION OF APPROPRIATIONS FOR PUBLIC BROADCASTING
SEC. 3. (a) Section 396(k)(1)(C) of the Communications Act of 1934
(47 U.S.C. 396(k)(1)(C)) is amended-
(1) by striking "and 1986" and inserting in lieu thereof "1986,
1987, 1988, and 1989";
(2) by striking "and" after "1985,"; and
(3) by inserting immediately before the period at the end
thereof the following: ", $200,000,000 for fiscal year 1987,
$225,000,000 for fiscal year 1988, and $250,000,000 for fiscal year
1989".
(b) Section 396(k)(3)(A)(i)(I) of the Communications Act of 1934 (47
U.S.C. 396(k)(3)(A)(i)(II) is amended by striking "research, training,
technical assistance, engineering, instructional support, payment of
interest on indebtedness,".
S.607-2
CRITERIA FOR APPROVAL AND EXPENDITURES BY SECRETARY OF
COMMERCE
SEC. 4. Section 393 of the Communications Act of 1934 (47 U.S.C.
393) is amended by striking subsection (c) and by redesignating
subsection (d) as subsection (c).
REPEAL OF THE UNRELATED BUSINESS INCOME TAX PENALTY
SEC. 5. Section 396(k) of the Communications Act of 1934 (47
U.S.C. 396(k)) is amended by striking paragraph (8) and by redesig-
nating paragraphs (9) and (10) as paragraphs (8) and (9), respectively.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WHITE HOUSE
WASHINGTON
October 22, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
JOHN G. ROBERTS JSR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 4473 -- Leo J. Ryan Memorial
Federal Archives and Records Center
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID # 244872 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
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I . INCOMING
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User Codes: (A)
(B)
(C)
Subject: H.R. 4473 600 J. Ryan Memorial
Federal Archives and Records Center
ROUTE TO:
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DISPOSITION
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Cultere
ORIGINATOR 84,10,19
/ /
Referral Note:
CUAT 18
B 84,10,19
584,10,22
Referral Note:
COB
/
/
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-
Referral Note:
/ /
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Referral Note:
/ /
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I
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Into Copy Only/No Action Necessary
A Answered
C Completed
C * Comment/Recommendation
R - Direct Reply w/Copy
B - 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.
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5/81
244872ss
Document No.
WHITE HOUSE STAFFING MEMORANDUM
10/19/84
10/23/84
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
H.R. 4473 - LEO J. RYAN MEMORIAL FEDERAL ARCHIVES AND RECORDS
SUBJECT:
CENTER
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
SS
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
Please provide any comments/recommendations by Tuesday, 10/23.
Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
Ext. 2702
OFFICE PRESIDENT STATE UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 19 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 4473 - Leo J. Ryan Memorial Federal
Archives and Records Center
Sponsor - Rep. Lantos (D) California
Last Day for Action
October 30, 1984 - Tuesday
Purpose
To designate the Federal Archives and Records Center in San
Bruno, California, the "Leo J. Ryan Memorial Federal Archives and
Records Center."
Agency Recommendations
Office of Management and Budget
Approval
General Services Administration
No objection lly)
Discussion
On November 18, 1978, Congressman Leo J. Ryan, a Democrat from
California, was assassinated while investigating the "People's
Church" settlement in Jonestown, Guyana.
In recognition of Ryan's service to his constituents and to the
Nation, the enrolled bill, which passed both Houses by voice
vote, designates the Federal Archives and Records Center in San
Bruno, California, the "Leo J. Ryan Memorial Federal Archives and
Records Center."
James Director m. Trey for
Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
October 22, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
JOHN G. ROBERTS 8262
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S. 149 -- Relief of Adel Shervin
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID # 244891 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
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MI Mail Report
User Codes: (A)
(B)
(C)
Subject: 5 149 - Relief of Adel shervin
ROUTE TO:
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ORIGINATOR 89,10,20
/
/
-
Referral Note:
CMAT 18
84,10,20
5891022
-
Referral Note:
COB
/ /
/
/
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Referral Note:
/
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/
/
-
Referral Note:
/
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Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
i . into Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R. Direct Reply w/Copy
B 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.
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THE WHITE HOUSE
WASHINGTON
October 23, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
JOHN G. ROBERTS
Dr6R
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 5846 -- Criminal Fine Enforcement
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID #. 244958 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
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I - INCOMING
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User Codes: (A)
(B)
(C)
Subject: H.R. 5846 Criminal Fine Enforcement
ROUTE TO:
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DISPOSITION
Tracking
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of
Date
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CUHOU
ORIGINATOR 84,10,23
/ /
Referral Note:
CUAT 18
B 84,10,23
58400124
Referral Note:
noon
/ /
/ /
-
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