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Originally Processed With FOIA(s): FOIA Number: 2009-0275-S 2009-0275-S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Scowcroft, Brent, Collection Series: Administrative Files Subseries: OA/ID Number: 85033 Folder ID Number: 85033-003 Folder Title: Administrative, 1989-1991 [3] Stack: Row: Section: Shelf: Position: V 0 O O O Withdrawal/Redaction Sheet (George Bush Library) Doc. No. / Type Subject/Title Date Restriction Classification 01. Memo Florence E. Gantt to J. Bonnie Newman 5/22/89 (b)(1) Re: Request for Aircraft (1 pp.) 02. Booklet Re: WAVES Center: Appointment/Worker/Press Entrance n.d. (b)(2), (b)(7)(e), Information (20 pp.) (b)(7)(f) 03. Paper Re: NSC Records Management System (7 pp.) n.d. (b)(1) S 04. Memo Brent Scowcroft to John Sununu 1/3/89 (b)(2) Re: Portal-to-Portal Transportation for Robert Gates (1 pp.) 05a. Record Re: Officer Record Brief (1 pp.) n.d. (b)(6) 05b. Resume Re: Military Resume (4 pp.) 1/4/89 (b)(6) Page 1 of 1 Collection: Record Group: Bush Presidential Records Office: Scowcroft, Brent, Collection Series: Administrative Files Subseries: WHORM Cat.: File Location: Administrative, 1989 - 1991 [3] Pinksheet Number: cap2242 OA/ID Number: 85033-003 Date Closed: 9/8/2010 FOIA/Sys Case #: 2009-0275-S[2] Re-review Case #: P-2/P-5 Review Case #: LAIM FOR REIMBURSEMENT 40F4 FOR EXPENDITURES 3. SCHEDULE NUMBER ON OFFICIAL BUSINESS NSC Read the Privacy Act Statement on the back of this form. 5. PAID BY 1. NAME (Last. hrst. middle intial) b. SOCIAL SECURITY NO. CLAIMANT 4. FAUST LINDA C. MAILING ADDRESS (Include ZIP Code) ATTN:W:LMA HALL d. OFFICE TELEPHONE NUMBER General SCOWCRUFTS office 2255 6. EXPENDITURES claimant.) (If fare claimed in col. (g) exceeds charge for one person. show in col. (h) the number of additional persons which accompanied the DATE Show approoriate code in col. (b): moon A-Local travel AMOUNT CLAIMED MILEAGE 1989 B-Telephone or telegraph, or RATE C-Other Expenses (itemized) C FARE ADD. TIPS AND MILEAGE (Explain expenditures in specific detail) OR TOLL PER. MISCEL NO. CF SONS LANEOUS (a) (b) (c) FROM MILES (d) TO (0) in (g) 6-19 (h) (i) THe WHITE House DeLiver Documents 3 50 To EMBASSY OF sweden If additional space is required continue on the back. SUBTOTALS CARRIED FORWARD FROM THE BACK 7. AMOUNT CLAIMED (Total of cols. (f), (g) and (i).)) $3.50 TOTALS 350 3. This claim IS approved. Long distance telephone calls, if shown, are certified as necessary in the interest of the Government. (Note: If long distance calls 10. I certify that this claim IS true and correct to the best of my knowledge and are included. the approving official must have been authorized, in writing, by belief and that payment or credit has not been received by me. the nead of the department or agency to SO certify (31 U.S.C. 680a).) Sign Original Only Sign Original Only DATE CLAIMANT SIGN HERE DATE Patty G-Daniee 6-19-89 11. CASH PAYMENT RECEIPT APPROVING a. PAYEE Signature D. DATE RECEIVED OFFICIAL SIGN HERE 9. This claim IS certified correct and proper for payment. C. AMOUNT Sign Original Only AUTHORIZED $ DATE CERTIFYING OFFICER 12. PAYMENT MADE SIGN M.RE BY CHECK NO. ACCOUNTING CLASSIFICATION 104-210 STANDARD FORM THE 11-77) PARKING SNODISH EMBASSY K Booth kinney system, inc. THANK YOU FOR EXPENDITURES 3. SCHEDULE NUMBER ON OFFICIAL BUSINESS Read the Privacy Act Statement on the back of this form. 5. PAID BY 1. NAME (Last, hrst. mode intial) b. SOCIAL SECURITY NO. CLAIMANT 4. C. MAILING ADDRESS (include ZIP Code) d. OFFICE TELEPHONE NUMBER EXPENDITURES claimant.) (If fare claimed in col. (g) exceeds charge for one person. show in col. (h) the number of additional persons which accompanied the DATE Show approoriate code in col. (b): C moon A-Local travel AMOUNT CLAIMED MILEAGE D B-Telephone or telegraph, or RATE 19 E C-Other Expenses (itemized) C MILEAGE FARE ADD. TIPS AND (Explain expenditures in specific detail) OR TOLL PER. MiSCEL NO. OF SONS LANEOUS (a) (b) MILES (c) FROM (d) TO (e) in (g) (h) (i) additional space is required continue on the back. SUBTOTALS CARRIED FORWARD FROM THE BACK AMOUNT CLAIMED (Total of cols. (f), (g) and (i).)) $ TOTALS This claim IS approved. Long distance telephone calls, if shown, are certified as necessary in the interest of the Government (Note: If long distance calls 10. I certify that this claim IS true and correct to the best of my knowledge and are included. the approving official must have been authorized. in writing, by belief and that payment or credit has not been received by me. the nead of the department or agency to so certify (31 U.S.C. 680a).) Sign Original Only Sign Original Only DATE CLAIMANT SIGN HERE DATE 11. CASH PAYMENT RECEIPT PROVING a. PAYEE Signature D. DATE RECEIVED FICIAL GN HERE This claim IS certified correct and proper for payment. C. AMOUNT Sign Original Only /THORIZED $ DATE ERTIFYING FICER 12. PAYMENT MADE GN M.RE BY CHECK NO. DOCUNTING CLASSIFICATION -210 STANDARD FORM THA Rev. 11-77) THE WHITE HOUSE JUN 8 1989 WASHINGTON June 7, 1989 MEMORANDUM FOR J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION FROM: FLORENCE E. GANTT Florence Dantt SUBJECT: Request for Aircraft General Scowcroft is going to travel to Los Angeles to brief former President Reagan on Thursday, June 8, 1989. Wilma Hall will accompany him. An aircraft is requested to depart Andrews at 6:00 a.m. and return at 6:30 p.m. Thank you. THE WHITE HOUSE WASHINGTON June 7, 1989 MEMORANDUM FOR J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION FROM: FLORENCE E. GANTT Florence Ganth SUBJECT: Request for Aircraft General Scowcroft is going to travel to Los Angeles to brief former President Reagan on Thursday, June 8, 1989. Wilma Hall will accompany him. An aircraft is requested to depart Andrews at 6:00 a.m. and return at 6:30 p.m. Thank you. THE WHITE HOUSE WASHINGTON May 26, 1989 MEMORANDUM FOR WHITE HOUSE OFFICE AND OFFICE OF POLICY DEVELOPMENT STAFF FROM: C. BOYDEN GRAY chn COUNSEL TO THE PRESIDENT SUBJECT: Meal Acceptance Guidelines This memorandum provides general guidance on the propriety of accepting a meal from an outside source. The rules governing acceptance of meals are contained in the Standards of Conduct for the Executive Office of the President found at 3 C.F.R. Part 100- 735 and opinions issued by the Office of Government Ethics (OGE). Additional guidance will be issued when these standards are revised as a result of the President's ethics initiative. Under current policy, White House employees may not solicit or accept any "gift, gratuity, favor, entertainment, loan or any other thing of monetary value" from anyone who: 1) has or is seeking contracts or business with the Executive branch; 2) conducts activities regulated by the Executive branch; or 3) has interests that may be substantially affected by the employee's performance or non-performance on the job. Meals or other food purchases are considered gifts or entertainment for purposes of this prohibition. See generally 3 C.F.R. 100.735-14. Under this policy, we are generally prohibited from accepting meals from virtually all sources--including, among others, contractors, regulated business groups, and litigating parties. With regard to media contacts, a 1987 OGE opinion determined that 1 Other provisions of the Standards of Conduct or statute that may come into play are 3 C.F.R. 100.735-4 (c) (1), which prohibits an employee from using his or her official position for private gain, and 18 U.S.C. 209, which prohibits any gratuity that supplements an employee's compensation. reporters seeking information from, or an interview or ongoing working relationship with, a government employee because of the employee's official position, are prohibited sources for the official. As a general rule of thumb, the 1987 OGE opinion stated that any individual or organization that offers free food, or refreshments to a government employee simply because of such employee's official position is considered a prohibited source. Exceptions There are some limited exceptions in which meals may be accepted from a prohibited source, provided that doing so does not otherwise create an appearance of impropriety. These are summarized below: 1. Personal Relationships. Gifts or entertainment may be accepted from relatives or friends provided the family or personal relationship is the motivation for the hospitality. Even in the case of long-term friends, a meal may not be accepted if circumstances make it clear that it is a business rather than a personal occasion, e.g. if the meal is a business deduction of the donor, or is an expense account item to be paid by the donor's employer. 2. Meetings. Another exception permits acceptance of food of nominal value on infrequent occasions in the course of a meeting. The meal should be incidental to the meeting and should not be the real or apparent primary purpose of the meeting. Thus, meals can commonly be accepted if brought in to facilitate the continuation of a working meeting. This exception also permits acceptance by an employee of a meal at a large group speaker. luncheon or dinner meeting at which the employee is the guest 3. Widely Attended Gatherings. Counsel's office and OGE have agreed that a White House employee may accept food and refreshments at widely attended gatherings, provided the employee's attendance serves the interests of the White House, the food and refreshments are not excessive, and the employee obtains the approval of his supervisor or the Counsel's Office. Ordinarily, such approval can be obtained from the employee's supervisor (although supervisors are always free to consult the Counsel's office). Should the need arise, requests for approval by my office may be directed to Robert Portman or Amy Schwartz of my staff prior to a gathering of this kind. * * * To summarize, except in extremely limited circumstances, it is generally prudent for White House staff members to avoid accepting a free meal or refreshments from any donor with government business. If any staff member, after careful evaluation in light of this memorandum, has difficulty judging a particular situation, please contact the Counsel's office. THE WHITE HOUSE WASHINGTON May 22, 1989 MEMORANDUM FOR J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION FROM: FLORENCE E. GANTT Florenc Hantt SUBJECT: Request for Aircraft Robert Gates has been asked to travel to Kennebunkport on Friday, June 2, 1989, to join up with the Presidential party upon return from the NATO Summit. He will carry classified material with him. An aircraft is requested to depart Andrews at 10:00 a.m. Cathy Millison of our Executive Secretariat will travel with him. Thank you. THE WHITE HOUSE WASHINGTON May 22, 1989 MEMORANDUM FOR J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION FROM: FLORENCE E. GANTT Florence Hantt SUBJECT: Request for Aircraft The President has asked Robert Gates and Larry Eagleburger of State to brief several high-level foreign leaders prior to the NATO Summit. They plan to visit London, Paris, Rome, Bonn and Brussels, and other cities as required. An aircraft is requested to depart from Andrews at 2:00 p.m. on Tuesday, May 23. James Timbie of State and Brigadier General Dan Chrisman of the U.S. Army will accompany them. MSGT Charles Fullerton and MSGT Cliff Paquette of WHCA will join the party in London and remain with them throughout the trip in Europe to ensure proper communica- tions. They plan to return to Andrews on Friday, May 26. This trip has not been publicly announced. Thank you. THE WHITE HOUSE WASHINGTON May 22, 1989 MEMORANDUM FOR WHITE HOUSE STAFF FROM: C. BOYDEN GRAY CMY COUNSEL TO THE PRESIDENT SUBJECT: Reminders on White House Gift Policy With the approach of the President's trip to Europe, it is especially important for you to review White House policy regulating the receipt of both domestic and foreign gifts. This memorandum is merely a summary of the general policy regarding gifts, and any specific questions should be referred to the Counsel's Office. I. Gifts That May Not Be Accepted: Conflicts of Interest Both foreign and domestic gifts are subject to the general rules concerning conflicts of interest. These rules provide that no member of the White House staff may accept a gift, which means anything of monetary value (including meals), from a "prohibited source", i.e., a person or entity that: has or is seeking contracts or other business with any department in the Executive branch; conducts activities regulated by the Executive branch; or has interests that may be substantially affected by the staff member's performance or nonperformance of official duties. Specific exceptions to these general conflicts of interest rules are set forth in part II below. If a gift from such a "prohibited source" is received by a staff member, whether abroad, at the office, or at home, the staff member must return it to the donor with the explanation that it cannot be accepted. A copy of the letter returning the gift should be retained in your files, and a copy should be attached to the White House Staff Gift Report form and sent to the Gift Unit. If for some reason you feel you cannot return the gift (donor unknown, the address of donor unknown, or other), you should explain on the form the rationale for not returning the item and send such gift to the Gift Unit. If after analysis, it is confirmed that return is not possible or advisable, the prohibited gift will be turned over to GSA for disposition. Note: the foregoing prohibitions apply to your spouse and immediate household as well. II. Gifts That May Be Accepted Gifts from personal friends or family may be accepted, but only if the circumstances make it clear that the personal or family relationship is the motivating factor and circumstances do not otherwise create an appearance of a conflict of interest. Moreover, all "foreign" gifts, even those from friends, are further subject to limitations on value, as described in part III below. The customary exchange of gifts of nominal value between co- workers is also permitted. However, because federal law expressly prohibits gifts from a subordinate employee to his supervisor or others in the office with a higher pay status, gifts to superiors are prohibited, unless they are for a unique occasion (such as a wedding or the birth of a child). Unsolicited advertising and promotional materials of nominal value may be accepted even if they come from individuals or businesses having business with or regulated by the federal government. This only extends to such customary promotional items as desk calendars, pens, pocket diaries, and the like. By way of example, this rule would not permit acceptance of a case of champagne, a work of art, or other items of substantial value. All such gifts, if accepted, are subject to the financial disclosure requirements described in part VI below. III. Special Restrictions Regarding Foreign Gifts In addition to the White House conflicts of interest restrictions described above, the Constitution and federal law (5 U.S.C. Section 7342) generally prohibit U.S. government officials, their spouses and dependents from accepting "foreign" gifts, i.e., any gift received from an official foreign source, to include a foreign government, a foreign multilateral organization, or an agent of any such government or organization. Non-official gifts from foreign sources are treated like domestic gifts. If you receive a gift from a foreign source and you are not certain if it is an "official" or "non-official" source, consult with the Counsel's Office. The following general guidelines apply: O A U.S. official may not solicit or encourage an offer of a foreign gift or decoration. 2 Foreign gifts with a retail value of more than $180 (as adjusted from time to time for inflation) automatically become the property of the U.S. Government. Gifts in excess of $180 may be accepted on behalf of the United States only when "it appears that to refuse would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States " All foreign gifts must be turned over to the White House Gift Unit as soon as possible for appraisal and for recording for purposes of the annual report on foreign gifts. Gifts valued at over $180 will be turned over to the General Services Administration for disposition. Foreign gifts valued at under $180 (so-called gifts "of minimal value tendered and received as a souvenir or mark of courtesy") may be accepted and retained only if the acceptance would not violate the conflicts of interest rules described in part I above. (Note: Any such gifts retained by you are subject to the same annual public financial disclosure requirements as domestic gifts.) U.S. officials may not accept foreign gifts of travel or reimbursement for transportation, food or lodging expenses, except in the case of travel taking place entirely outside of the United States and when (i) such expenses are reasonable, (ii) acceptance is consistent wit U.S. interests, and (iii) acceptance of any such gift is otherwise consistent with the conflicts of interest rules described in part I above. A thorough record of any such expenses accepted should be kept as they may be required to be reported on the annual financial disclosure form. You must also be wary of gifts offered to you from foreign non-official individuals, especially when you do not know the donor. Although such gifts may not be subject to foreign gift restrictions, they should be treated the same as a domestic gift in regard to propriety of acceptance, conflicts of interest, reporting, etc. IV. Security Inspection of Foreign Gifts Whenever a gift comes into your possession from a foreign government, organization or individual, it is imperative that it be turned over to security personnel for inspection at the earliest opportunity. Such a gift should never be taken aboard an airplane or other mode of transportation without a security inspection. 3 V. Gifts for the President and First Lady No staff member should accept a foreign gift for the President or the First Lady except by prior arrangement with the host government or entity. Anyone who receives a gift intended for the President or the First Lady must ensure that it is turned over to security personnel for inspection as soon as possible. Be especially wary of gifts which are suddenly and unexpectedly thrust upon you. Upon return from security, the gift should then be deposited with the White House Gift Unit, along with information concerning identity of the donor, time and place of acceptance, etc., so that the gift can be properly recorded and a decision made as to its disposition. VI. White House Staff Reporting Requirements Members of the White House staff who are required to file annual financial disclosure reports on Form SF-278 - should complete a White House Staff Gift Report Form for all gifts (except those from family members). These forms may be obtained from the White House Gift Unit, OEOB 457 (Ext. 7133). The gift itself should be submitted to the Gift Unit for appraisal, together with the completed form. Such staff members are reminded that they must report on the SF- 278 any gift over $100 in value received from persons other than relatives--including any foreign gifts. In addition, foreign and domestic gifts over $35 in value must be reported if the aggregate of such gifts received from the same source within the year totals more than $100. By routinely submitting the White House Staff Gift Report Forms to the Gift Unit throughout the year, you will enable the Gift Unit to supply you with an accurate and complete list of reportable gifts at year end for inclusion with your SF-278. Please note that the $100 and $35 reporting thresholds are not related to the issue of whether a gift may be accepted. The propriety of accepting any gift must be determined first, without regard to these thresholds. VII. Additional Questions This memorandum is necessarily general and does not deal with all questions that may arise. If you are in doubt about the propriety of accepting any gift or about any other topic covered above, please consult with Counsel's Office. 4 May 23, 1989 Philip -- I understand a memo was FAXed to General Scowcroft in Kennebunkport concerning NSC staff travelling on the European trip. Wilma nor the General saw the memo. Based on Bob Gates recommendation the General made the following decision: Robert Blackwill Florence Gantt Wilma Hall Philip Zelikow Jeff Massa (WHSSS to support computers) Florence THE WHITE HOUSE WASHINGTON May 16, 1989 MEMORANDUM FOR WHCA OPERATIONS FROM: DEPUTY ROBERT ASSISTANT M. GATES KS. TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS SUBJECT: Additional Telephone Line - Driver's Lounge Please install an additional outside telephone line in the Driver's Lounge, Room 17 - Old Executive Office Building. Upon installation, please do not indicate the telephone number on the instrument. THE WHITE HOUSE WASHINGTON May 16, 1989 MEMORANDUM FOR J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION FROM: FLORENCE E. GANTT Florene-Lant SUBJECT: Request for Aircraft The President has asked General Scowcroft to remain behind on Thursday, May 18 to meet with a high-level foreign visitor. The General will then join the President in Kennebunkport on Thursday evening. An aircraft is requested for General Scowcroft to depart from Andrews at 5:00 p.m. on Thursday, May 18. Wilma Hall will accompany him. Thank you. THE WHITE HOUSE WASHINGTON 3 May 1989 MEMORANDUM FOR ANDREW H. CARD, JR. FROM: Robert M. Gates Rf. SUBJECT: NSC Commissioned Officers In response to the attached memorandum of January 27th, the Governor approved a specific list of NSC positions to be headed by Commissioned Officers. He approved commissioning specific individuals where those had already been appointed. We have now selected individuals for the other positions. Per the Governor's approval on 27 January, would you please approve and implement commissioning for the following officers: -- Special Assistant to the President and Senior Director for Asian Affairs Karl Jackson -- Special Assistant to the President and Senior Director for Latin American Affairs Everett Ellis Briggs -- Special Assistant to the President and Senior Director for Defense Policy and Arms Control Arnold Kanter -- Special Assistant to the President and Senior Director for International Economic Affairs Deane E. Hoffmann -- Special Assistant to the President and Senior Director for National Security Council Planning Peter W. Rodman This completes our list of eleven senior staff members who will be commissioned officers. Attachment: As Stated THE WHITE HOUSE 0004-A WASHINGTON January 27, 1989 MEMORANDUM FOR JOHN SUNUNU FROM: BRENT SCOWCROFT B SUBJECT: NSC Commissioned Officers and Building Pass Requirements Per your request, below is the list of positions that we anticipate will be headed by Commissioned Officers (Special Assistants to the President). Where we have hired new officers, they are listed in parentheses. 1. Legal Advisor (C. Nicholas Rostow) 2. Legislative Affairs (Virginia A. Lampley) 3. European and Soviet Affairs (Robert D. Blackwill) 4. Near East and South Asian Affairs (Richard N. Haass) 5. Asian Affairs ( Kar Dier 6. African Affairs (David C. Miller) 7. Latin American Affairs 8. Intelligence Programs (William W. Working) 9. Defense Policy/Arms Control 10. International Economic Affairs 11. Counselor/Planning Also per your request, a staff listing has been attached showing the Building Pass requirements for the NSC. These requirements are based on an individual's need for continuous access to the West and/or East Wings of the White House. Our requirement is for 111 WHS, 26 OGA and the use of approximately 55 EOB passes. The current manning level of the NSC was used for these figures. This manning is now being reviewed with the emphasis toward reducing the overall size of the NSC staff. Attachment Tab A - NSC Building Pass Requirements all Gro. Sumuna Andy APR 17 1989 THE WHITE HOUSE WASHINGTON April 13, 1989 MEMORANDUM FOR ALL WHITE HOUSE OFFICE AND OFFICE OF POLICY DEVELOPMENT STAFF FROM: C. BOYDEN GRAYOMS COUNSEL TO THE PRESIDENT SUBJECT: Executive Order 12674 -- Ban on Outside Earned Income You should be aware that section 102 of Executive Order 12674, signed yesterday by President Bush, prohibits all full-time noncareer Presidential employees in the executive branch, including all full-time White House Office and Office of Policy Development staff, from receiving any earned income for any outside employment or activity performed during their appointment. An exception to this general rule is that employees are permitted to carry out contractual obligations that they entered into before the order was issued. Because the order addressed only earned income, it does not affect your receipt of investment income. I have attached a copy of Executive Order 12674 for your reference and urge you to familiarize yourself with it. Apart from the limitation on outside earned income described above, the existing standards of conduct regulations will remain in force until new regulations are issued by the Office of Government Ethics. If you have any questions about the interpretation of the order, feel free to contact Amy L. Schwartz of my office at 456-7953. Attachment THE WHITE HOUSE Office of the Press Secretary For Immediate Release April 12, 1989 EXECUTIVE ORDER PRINCIPLES OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and in order to establish fair and exacting standards of ethical conduct for all executive branch employees, it is hereby ordered as follows: PART I - PRINCIPLES OF ETHICAL CONDUCT Section 101. Principles of Ethical Conduct. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each Federal employee shall respect and adhere to the fundamental principles of ethical service as implemented in regulations promulgated under sections 201 and 301 of this order: (a) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain. (b) Employees shall not hold financial interests that conflict with the conscientious performance of duty. (c) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest. (d) An employee shall not, except pursuant to such reasonable exceptions as are provided by regulation, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties. (e) Employees shall put forth honest effort in the performance of their duties. (f) Employees shall make no unauthorized commitments or promises of any kind purporting to bind the Government. (g) Employees shall not use public office for private gain. (h) Employees shall act impartially and not give preferential treatment to any private organization or individual. (i) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities. more (OVER) 2 (j) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities. (k) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities. (1) Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those -- such as Federal, State, or local taxes -- that are imposed by law. (m) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap. (n) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order. Sec. 102. Limitations on Outside Earned Income. No employee who is appointed by the President to a full-time noncareer position in the executive branch, including all full-time employees in the White House Office and the Office of Policy Development, shall receive any earned income for any outside employment or activity performed during that Presidential appointment. PART II - OFFICE OF GOVERNMENT ETHICS AUTHORITY Sec. 201. The Office of Government Ethics. The Office of Government Ethics shall be responsible for administering this order by: (a) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations that establish a single, comprehensive, and clear set of executive-branch standards of conduct that shall be objective, reasonable, and enforceable. (b) Developing, disseminating, and periodically updating an ethics reference manual for employees of the executive branch describing the applicable statutes, rules, decisions, and policies. (c) Promulgating, with the concurrence of the Attorney General, regulations interpreting the provisions of the general conflict-of-interest statute, section 208 of title 18, United States Code, and the statute prohibiting supplementation of salaries, section 209 of title 18, United States Code. (d) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations establishing a system of nonpublic (confidential) financial disclosure by executive branch employees to complement the system of public disclosure under the Ethics in Government Act of 1978. Such regulations shall include criteria to guide agencies in determining which employees shall submit these reports. (e) Ensuring that any implementing regulations issued by agencies under this order are consistent with and promulgated in accordance with this order. more 3 Sec. 202. Executive Office of the President. In that the agencies within the Executive Office of the President (EOP) currently exercise functions that are not distinct and separate from each other within the meaning and for the purposes of section 207 (e) of title 18, United States Code, those agencies shall be treated as one agency under section 207 (c) of title 18, United States Code. PART III - AGENCY RESPONSIBILITIES Sec. 301. Agency Responsibilities. Each agency head is directed to: (a) Supplement, as necessary and appropriate, the comprehensive executive-branch-wide regulations of the Office of Government Ethics, with regulations of special applicability to the particular functions and activities of that agency. Any supplementary regulations shall be prepared as addenda to the branch-wide regulations and promulgated with the concurrence of the Office of Government Ethics. (b) Ensure the review by all employees of this order and regulations promulgated pursuant to the order. (c) Coordinate with the Office of Government Ethics in developing annual agency ethics training plans. Such training shall include mandatory annual briefings on ethics and standards of conduct for all employees appointed by the President, all employees in the Executive Office of the President, all officials required to file public or nonpublic financial disclosure reports, all employees who are contracting officers and procurement officials, and any other employees designated by the agency head. (d) Where practicable, consult formally or informally with the Office of Government Ethics prior to granting any exemption under section 208 of title 18, United States Code, and provide the Director of the Office of Government Ethics a copy of any exemption granted. (e) Ensure that the rank, responsibilities, authority, staffing, and resources of the Designated Agency Ethics Official are sufficient to ensure the effectiveness of the agency ethics program. Support should include the provision of a separate budget line item for ethics activities, where practicable. PART IV - DELEGATIONS OF AUTHORITY Sec. 401. Delegations to Agency Heads. Except as provided in section 402 and except in the case of the head of an agency, the authority of the President under section 208 (b) of title 18, United States Code, to grant exemptions to individuals, is delegated to the head of the agency in which an individual requiring an exemption is employed or to which the individual is attached for purposes of administration. Sec. 402. Delegations to the Counsel to the President. The authority of the President under section 208 (b) of title 18, United States Code, to grant exemptions for Presidential appointees to committees, commissions, boards, or similar groups established by the President is delegated to the Counsel to the President. Sec. 403. Delegation Regarding Civil Service. The Office of Personnel Management and the Office of Government Ethics, as appropriate, are delegated the authority vested in more (OVER) 4 the President by 5 U.S.C. 7301 to establish general regulations for the implementation of this Executive order. PART V - GENERAL PROVISIONS Sec. 501. Revocations. The following are hereby revoked: (a) Executive Order No. 11222 of May 8, 1965. (b) Executive Order No. 12565 of September 25, 1986. Sec. 502. Savings Provision. (a) All actions already taken by the President or by his delegates concerning matters affected by this order and in force when this order is issued, including any regulations issued under Executive Order 11222, Executive Order 12565 or statutory authority, shall, except as they are irreconcilable with the provisions of this order or terminate by operation of law or by Presidential action, remain in effect until properly amended, modified, or revoked pursuant to the authority conferred by this order or any regulations promulgated under this order. Notwithstanding anything in section 102 of this order, employees may carry out preexisting contractual obligations entered into before the date of this order. (b) Financial reports filed in confidence (pursuant to the authority of Executive Order No. 11222, 5 C.F.R. Part 735, and individual agency regulations) shall continue to be held in confidence. Sec. 503. Definitions. For purposes of this order, the term: (a) "Contracting officers and procurement officials" means all such officers and officials as defined in the Office of Federal Procurement Policy Act Amendments of 1988. (b) "Employee" means any officer or employee of an agency, including a special Government employee. (c) "Agency" means any executive agency as defined in 5 U.S.C. 105, including any executive department as defined in 5 U.S.C. 101, Government corporation as defined in 5 U.S.C. 103, or an independent establishment in the executive branch as defined in 5 U.S.C.. 104 (other than the General Accounting Office), and the United States Postal Service and Postal Rate Commission. (d) "Head of an agency" means, in the case of an agency headed by more than one person, the chair or comparable member of such agency. (e) "Special Government employee" means a special Government employee as defined in 18 U.S.C. 202 (a) Sec. 504. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. GEORGE BUSH THE WHITE HOUSE, April 12, 1989. # # # THE WHITE HOUSE WASHINGTON April 13, 1989 MEMORANDUM FOR ALL WHITE HOUSE OFFICE AND OFFICE OF POLICY DEVELOPMENT STAFF FROM: C. BOYDEN GRAY onh COUNSEL TO THE PRESIDENT SUBJECT: Executive Order 12674 -- Ban on Outside Earned Income You should be aware that section 102 of Executive Order 12674, signed yesterday by President Bush, prohibits all full-time noncareer Presidential employees in the executive branch, including all full-time White House Office and Office of Policy Development staff, from receiving any earned income for any outside employment or activity performed during their appointment. An exception to this general rule is that employees are permitted to carry out contractual obligations that they entered into before the order was issued. Because the order addressed only earned income, it does not affect your receipt of investment income. I have attached a copy of Executive Order 12674 for your reference and urge you to familiarize yourself with it. Apart from the limitation on outside earned income described above, the existing standards of conduct regulations will remain in force until new regulations are issued by the Office of Government Ethics. If you have any questions about the interpretation of the order, feel free to contact Amy L. Schwartz of my office at 456-7953. Attachment THE WHITE HOUSE Office of the Press Secretary For Immediate Release April 12, 1989 EXECUTIVE ORDER PRINCIPLES OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and in order to establish fair and exacting standards of ethical conduct for all executive branch employees, it is hereby ordered as follows: PART I - PRINCIPLES OF ETHICAL CONDUCT Section 101. Principles of Ethical Conduct. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each Federal employee shall respect and adhere to the fundamental principles of ethical service as implemented in regulations promulgated under sections 201 and 301 of this order: (a) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain. (b) Employees shall not hold financial interests that conflict with the conscientious performance of duty. (c) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest. (d) An employee shall not, except pursuant to such reasonable exceptions as are provided by regulation, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties. (e) Employees shall put forth honest effort in the performance of their duties. (f) Employees shall make no unauthorized commitments or promises of any kind purporting to bind the Government. (g) Employees shall not use public office for private gain. (h) Employees shall act impartially and not give preferential treatment to any private organization or individual. (i) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities. more (OVER) 2 (j) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities. (k) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities. (1) Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those -- such as Federal, State, or local taxes -- that are imposed by law. (m) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap. (n) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order. Sec. 102. Limitations on Outside Earned Income. No employee who is appointed by the President to a full-time noncareer position in the executive branch, including all full-time employees in the White House Office and the Office of Policy Development, shall receive any earned income for any outside employment or activity performed during that Presidential appointment. PART II - OFFICE OF GOVERNMENT ETHICS AUTHORITY Sec. 201. The Office of Government Ethics. The Office of Government Ethics shall be responsible for administering this order by: (a) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations that establish a single, comprehensive, and clear set of executive-branch standards of conduct that shall be objective, reasonable, and enforceable. (b) Developing, disseminating, and periodically updating an ethics reference manual for employees of the executive branch describing the applicable statutes, rules, decisions, and policies. (c) Promulgating, with the concurrence of the Attorney General, regulations interpreting the provisions of the general conflict-of-interest statute, section 208 of title 18, United States Code, and the statute prohibiting supplementation of salaries, section 209 of title 18, United States Code. (d) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations establishing a system of nonpublic (confidential) financial disclosure by executive branch employees to complement the system of public disclosure under the Ethics in Government Act of 1978. Such regulations shall include criteria to guide agencies in determining which employees shall submit these reports. (e) Ensuring that any implementing regulations issued by agencies under this order are consistent with and promulgated in accordance with this order. more 3 Sec. 202. Executive Office of the President. In that the agencies within the Executive Office of the President (EOP) currently exercise functions that are not distinct and separate from each other within the meaning and for the purposes of section 207 (e) of title 18, United States Code, those agencies shall be treated as one agency under section 207 (c) of title 18, United States Code. PART III - AGENCY RESPONSIBILITIES Sec. 301. Agency Responsibilities. Each agency head is directed to: (a) Supplement, as necessary and appropriate, the comprehensive executive-branch-wide regulations of the Office of Government Ethics, with regulations of special applicability to the particular functions and activities of that agency. Any supplementary regulations shall be prepared as addenda to the branch-wide regulations and promulgated with the concurrence of the Office of Government Ethics. (b) Ensure the review by all employees of this order and regulations promulgated pursuant to the order. (c) Coordinate with the Office of Government Ethics in developing annual agency ethics training plans. Such training shall include mandatory annual briefings on ethics and standards of conduct for all employees appointed by the President, all employees in the Executive Office of the President, all officials required to file public or nonpublic financial disclosure reports, all employees who are contracting officers and procurement officials, and any other employees designated by the agency head. (d) Where practicable, consult formally or informally with the Office of Government Ethics prior to granting any exemption under section 208 of title 18, United States Code, and provide the Director of the Office of Government Ethics a copy of any exemption granted. (e) Ensure that the rank, responsibilities, authority, staffing, and resources of the Designated Agency Ethics Official are sufficient to ensure the effectiveness of the agency ethics program. Support should include the provision of a separate budget line item for ethics activities, where practicable. PART IV - DELEGATIONS OF AUTHORITY Sec. 401. Delegations to Agency Heads. Except as provided in section 402 and except in the case of the head of an agency, the authority of the President under section 208 (b) of title 18, United States Code, to grant exemptions to individuals, is delegated to the head of the agency in which an individual requiring an exemption is employed or to which the individual is attached for purposes of administration. Sec. 402. Delegations to the Counsel to the President. The authority of the President under section 208 (b) of title 18, United States Code, to grant exemptions for Presidential appointees to committees, commissions, boards, or similar groups established by the President is delegated to the Counsel to the President. Sec. 403. Delegation Regarding Civil Service. The Office of Personnel Management and the Office of Government Ethics, as appropriate, are delegated the authority vested in more (OVER) 4 the President by 5 U.S.C. 7301 to establish general regulations for the implementation of this Executive order. PART V - GENERAL PROVISIONS Sec. 501. Revocations. The following are hereby revoked: (a) Executive Order No. 11222 of May 8, 1965. (b) Executive Order No. 12565 of September 25, 1986. Sec. 502. Savings Provision. (a) All actions already taken by the President or by his delegates concerning matters affected by this order and in force when this order is issued, including any regulations issued under Executive Order 11222, Executive Order 12565 or statutory authority, shall, except as they are irreconcilable with the provisions of this order or terminate by operation of law or by Presidential action, remain in effect until properly amended, modified, or revoked pursuant to the authority conferred by this order or any regulations promulgated under this order. Notwithstanding anything in section 102 of this order, employees may carry out preexisting contractual obligations entered into before the date of this order. (b) Financial reports filed in confidence (pursuant to the authority of Executive Order No. 11222, 5 C.F.R. Part 735, and individual agency regulations) shall continue to be held in confidence. Sec. 503. Definitions. For purposes of this order, the term: (a) "Contracting officers and procurement officials" means all such officers and officials as defined in the Office of Federal Procurement Policy Act Amendments of 1988. (b) "Employee" means any officer or employee of an agency, including a special Government employee. (c) "Agency" means any executive agency as defined in 5 U.S.C. 105, including any executive department as defined in 5 U.S.C. 101, Government corporation as defined in 5 U.S.C. 103, or an independent establishment in the executive branch as defined in 5 U.S.C.. 104 (other than the General Accounting Office), and the United States Postal Service and Postal Rate Commission. (d) "Head of an agency" means, in the case of an agency headed by more than one person, the chair or comparable member of such agency. (e) "Special Government employee" means a special Government employee as defined in 18 U.S.C. 202 (a). Sec. 504. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. GEORGE BUSH THE WHITE HOUSE, April 12, 1989. # # # APR 11 1989 THE WHITE HOUSE WASHINGTON April 10, 1989 MEMORANDUM FOR GENERAL BRENT SCOWCROFT USAF, (Ret.) Assistant to the President for National Security Affairs FROM: ROSE M. ZAMARIA Rg Special Assistant to the President and Director of White House Operations SUBJECT: Tennis Court As you know, the Bush family is large and many of them play tennis. However, when the tennis court is not in use by the First Family, the President has asked that it be made available to members of the Cabinet, senior White House staff (Assistants and Deputy Assistants) and a limited number of Administration officials. As a result, some bumping may occur, but we will attempt to keep it at a minimum, and hope you will understand if there are times when you cannot be accommodated. Weather permitting, the court is open year round during daylight hours, seven days a week, except when there are events on the South Lawn. Court time will be one hour for singles and an hour and a half for doubles. Equipment and supplies will not be provided. Appropriate shoes and attire are expected. Reservations may be made no sooner than a week in advance by calling Kathy Wills, the West Wing Receptionist, on extension 2605, Monday through Friday, from 9 A.M. to 5 P.M. Weekend inquiries should be directed to the Usher's Office on extension 2650. B-3 gate is to be used to gain access to the courts. A map showing location is attached. Attachment PENNSYLVANIA AVENUE EXECUTIVE OFFICE BUILDING EXECUTIVE WEST EXECUTIVE AVENUE RESIDENCE WEST EAST WING WING EAST EXECUTIVE AVENUE THE SOUTH LAWN SOUTHWEST GATE DO NOT ENTER DO BODOD TENNIS COURT X SOUTH AVENUE EXECUTIVE THE WHITE HOUSE 1.76 WIT DE THE WHITE HOUSE 2. file admin WASHINGTON April 11, 1989 MEMORANDUM FOR SENIOR WHITE HOUSE STAFF MEMBERS OF THE CABINET EOP AGENCY HEADS FROM: GOVERNOR JOHN SUNUNU AB SUBJECT: Request for Use of Military Aircraft Commercial airline accommodations will normally be utilized as the most economical means to conduct official White House travel. In exceptional cases, military aircraft may be used for White House missions. Situations in which commercial accommodations are not available, or those in which commercial travel is inappropriate for the missions involved, fall into this category. The Department of Defense (DOD) will schedule and operate White House missions only when directed to do so by the White House Military Office (WHMO). The following approval procedures will assure that appropriate approvals are obtained within the senior staff structure and that DOD resources are efficiently utilized. I. REQUESTS ORIGINATING WITHIN THE WHITE HOUSE All White House staff requests for military aircraft will be made in writing to the Assistant to the President for Management and Administration with a copy provided to the Director, White House Military Office (WHMO). The Director, WHMO will make a tasking recommendation to the Assistant for Management and Administration who will determine whether or not DOD resources may be utilized. If approved, WHMO will then direct DOD to carry out the mission. II. DEPARTMENT OF STATE REQUESTS (Including Delegations and Foreign Dignitaries) Normally, the Department of State deals directly with DOD for routine travel not considered to be Presidential Missions and reimburses DOD without White House involvement. State Department aircraft requests which are considered to be Presidential Missions are initially forwarded to the Assistant to the President for National Security Affairs. He will forward such requests with his recommendation to the Assistant for Management and Administration with a copy to WHMO. After consultation with DOD, the Director, WHMO will make a tasking recommendation to the Assistant for Management and Administration who will determine if DOD resources may be utilized and will notify WHMO and the NSC of that decision. If approved, WHMO will then direct DOD to carry out the mission. III. OTHER: CABINET OFFICERS, SENIOR ADMINISTRATION OFFICERS, CONGRESSIONAL REQUESTS From time to time, other non-White House requests for Presidential Mission airlift arise. These requests shall be forwarded, in writing, to the Assistant for Management and Administration with a copy to WHMO. The Assistant for Management and Administration will insure that each request is coordinated with the appropriate senior White House staff, (e.g. cabinet requests coordinated with the Assistant to the President and Secretary to the Cabinet; Congressional requests with the Assistant to the President for Legislative Affairs, etc.) The Director, WHMO will make a tasking recommendation to the Assistant for Management and Administration who will determine if DOD resources may be utilized and will notify WHMO of that decision. If approved, WHMO will then direct DOD to carry out the mission. - 2 - THE WHITE HOUSE WASHINGTON April 7, 1989 MEMORANDUM FOR FROM: ALL J. BONNIE WHITE NEWMAN HOUSE AND Bonne EOP EMPLOYEES human Assistant to the President for Management and Administration SUBJECT: Procedures for Guest Appointments within the White House Complex So that we may continue to preserve a secure and orderly environment within the White House Complex, it is important to remind all passholders that the rules relating to appointments and visitors must be followed. These rules and specific procedures are found in the attached Secret Service WAVES Center booklet. In addition to the procedures outlined in this booklet, the rules below deserve special emphasis: 1. White House appointments must be escorted by a passholder at all times while in the Residence, East Wing and West Wing. 2. The loaning of temporary or appointment passes is prohibited. The Secret Service will issue these passes only after specific security requirements have been met. 3. No one may identify him/herself as another passholder in order to make an appointment with the WAVES Center. Compliance with the above rules is mandatory. Questions relative to the WAVES Center booklet or the above rules should be directed to the WAVES Center, U.S. Secret Service/Uniformed Division, telephone 456-6742. Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 02. Booklet Re: WAVES Center: Appointment/Worker/Press Entrance n.d. (b)(2), Information (20 pp.) (b)(7)e, (b)(7)f Collection: Record Group: Bush Presidential Records Office: Scowcroft, Brent, Collection Series: Administrative Files Subseries: WHORM Cat.: File Location: Administrative, 1989 - 1991 [3] Date Closed: 9/8/2010 OA/ID Number: 85033-003 FOIA/SYS Case #: 2009-0275-S[2] Appeal Case #: Re-review Case #: Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. THE WHITE HOUSE WASHINGTON April 6, 1989 MEMORANDUM FOR THE WHITE HOUSE STAFF FROM: BURTON J. LEE, III, M.D. PHYSICIAN TO THE PRESIDENT SUBJECT: CONSULTATIONS IN THE MEDICAL UNIT The medical unit at the White House has very highly qualified personnel, and a finely honed list of medical consultants in Washington and in the country at large. We are equipped to deal with the medical problems of the President, and as a result, have virtually everything and everyone in medicine in the U.S. at our fingertips. Our four physicians are specialists within the discipline of internal medicine. I have a 30-year background in cancer (particularly the lymphomas) at Memorial Sloan-Kettering Cancer Center in New York City. Dr. Mohr is a nationally known specialist in pulmonary disease. Dr. Bacon is a superbly trained cardiologist and a consultant in cardiology at Bethesda Naval Hospital. Dr. Perez has his speciality interests and excellent training in gastroenterology. Our nurses are the very best the Armed Services have to offer, as are our medical corpsmen and physician assistants. They are particularly well trained in emergency and intensive care medicine. We operate on tight schedules, and our time is planned rather closely. But our expertise is underutilized. I am trying to rearrange schedules so that our professional people can spend more time back in their home hospitals practicing medicine. But when we are here, I invite the White House staff to use us in a consultative capacity. We can not function as primary care physicians, because our immediate priority remains that of availability to the President. But we can serve as expert medical consultants for the staff and their families, and make sure you receive the best possible care. The people in this building deserve the best, and we wish to help in any way we can. So, if any of us can help you, and the problem is not a routine "sick call" type of matter which can be handled in our dispensary in the Old Executive Office Building, please call and make an appointment. We have one apparent flaw in this office, however. We have no one who has ever played horseshoes. thee THE WHITE HOUSE WASHINGTON March 27, 1989 MEMORANDUM FOR ALL SENIOR STAFF FROM: JOHN H. SUNUNU CHIEF OF STAFF AS SUBJECT: EOP Credentials I have asked J. Bonnie Newman, Assistant to the President for Management and Administration, to oversee the issuance of credentials (e.g., picture identification cards, badges or commission books) within the Executive Office of the President. This is necessary to ensure that EOP agencies are not issuing credentials that are duplicative of present identification measures and that a proliferation of confusing identification cards does not occur. It is also necessary from a security standpoint so that we can avoid any misuse of agency credentials. Accordingly, credentials of any sort can only be issued with the prior written approval of J. Bonnie Newman. This instruction is not intended to affect the issuance by Secret Service of building passes or commission books for authorized officials. Scowcroft 20187 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 March 20, 1989 MEMORANDUM FOR THE NSC STAFF FROM: G. PHILIP HUGHES Harlip SUBJECT: Presidential Records and NSC Agency Records Members of the NSC staff have ongoing responsibilities to create written records pursuant to the Federal Records Act (i.e., NSC agency records) and the Presidential Records Act (i.e., presidential records) and to comply with the Freedom of Information Act. The NSC staff's longstanding policy and practice has been to maintain a central recordkeeping system through the NSC Secretariat for both presidential and NSC agency records created or received by the NSC staff. The distinction between these two types of records is important because different obligations created by statute and applicable judicial decisions apply to the two types of records. The Assistant to the President for National Security Affairs and members of the NSC staff function both as managers of the NSC interagency process and as advisors to the President; these dual roles are set forth in NSDD 266. Documents created by the NSC or the NSC staff as part of the interagency process (that is, in carrying out responsibilities established through the interagency process established for the Bush Administration NSC through NSD 1) or as part of oversight over the Central Intelligence Agency or the Information Security Oversight Office are considered NSC agency records. The NSC staff's internal administrative records and records involving litigation against the NSC are also considered NSC agency records. Documents created by the National Security Advisor or the NSC staff when acting as advisors to the President are considered presidential records. The attached memoranda provide further guidance about the two types of records. While the NSC support staff (the Secretariat, secretaries and the West Wing desk) has initial responsibility for ensuring that records are entered into an approriate records system, when policy staff members sign memoranda or other documents, they should ensure to the greatest extent possible that the documents are correctly identified as presidential records or NSC agency records and are entered into the correct Secretariat system. 2 I cannot emphasize strongly enough the importance of staff compliance with these instructions in order to ensure that the NSC staff continues to fulfill its legal obligations regarding the creation and maintenance of federal and presidential records. Should you have any questions regarding your recordkeeping obligations, please contact the Information Policy Directorate (3103) or the Office of the Legal Adviser (3854) Attachments Tab A Federal Records Act Guidance Regarding NSC Agency Records Tab B Counsel to the President January 31, 1989, Memorandum on Presidential Records Tab C NSDD 266 20187 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 March 20, 1989 MEMORANDUM FOR NATIONAL SECURITY COUNCIL STAFF FROM: NICHOLAS OSTOW/NANCY SUBJECT: Federal Records Act Guidance Federal Records The requirements governing the creation, maintenance and disposition of NSC agency records are established by federal statute (44 U.S.C. 3101 et seq.). The National Security Council staff, when performing work of the statutorily-created National Security Council, a federal "agency", is responsible for creating records that adequately and properly document "the organization, functions, policies, decisions, procedures, and essential transactions of the agency" and for adequately preserving such records (44 U.S.C. 3101). Official records are made or received in the conduct of agency business. 44 U.S.C. 3301 defines federal records to include: all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of the data in them. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and of stocks of publications and of processed documents are not included. All such records created or received by NSC staff members working on matters related to the interagency process as established by NSD 1 and NSDD 266, intelligence matters, or other NSC agency functions should be entered into the appropriate Secretariat records system (the NSC agency records system, or the NSC intelligence system or the NSC administrative system). Examples 2 of NSC agency records are NSD and NSR numbered policy documents; NSC, PC, DC and PCC meeting notices, agenda, minutes, list of attendees, and records of action. Non-Record Material The National Archives and Records Administration has defined nonrecord materials as follows. This definition may be a useful guide: Nonrecord materials, such as extra copies of documents preserved for convenience of reference, stocks of processed documents, preliminary work sheets, and similar papers that need not be made a matter of record, shall not be incorporated in the official files of the agency. To the maximum extent possible, materials not required for record purposes shall be disposed of; it should not be sent to file. In cases where transitory files of such materials are established and maintained in filing equipment, such files shall be controlled by means of instructions in the records control schedule. Nonrecord materials, which need not be entered into the Secretariat's formal recordkeeping systems, include the following: a. Extra copies of NSC agency records retained solely for convenience of reference. b. Information and reference copies of correspondence and other papers on which no action is necessary. C. Preliminary drafts of letters, memoranda, reports, studies, preliminary work sheets, and informal notes that do not add significant data or substance to the preparation of an official record. d. Shorthand notes, including stenographic notebooks and stenotype tapes, that have been transcribed. e. Abstracts of correspondence, routing slips, and letters of transmittal that do not contain substantive information. f. Stocks of publications and processed documents maintained for distribution purposes. g. Catalogues, trade journals, and other publications or printed material received from other government agencies, commercial firms, or private institutions that require no action or supplement the official record. 3 h. Library and museum material made or acquired solely for reference purposes. Personal Records Personal records are defined very narrowly. Documents produced in the course of your normal duties are considered to be presidential or NSC agency records or non-record material. Papers of a private or non-official character, which pertain only to a staff member's personal affairs, should be clearly so designated and shall be filed separately from your convenience or working files (36 CFR 1222.20 (d)). Examples of personal papers include: a. papers accumulated by a staff member before joining government service. b. materials relating solely to a staff member's private affairs, such as medical bills, insurance forms, professional affiliations. C. personal financial records. d. personal photographs (NARA Bulletin 89-2). 0531 THE WHITE HOUSE WASHINGTON January 31, 1989 MEMORANDUM FOR EXECUTIVE OFFICE OF THE PRESIDENT STAFF FROM: C. BOYDEN GRAY CBA COUNSEL TO THE PRESIDENT SUBJECT: Presidential Records Act Guidance The requirements governing the ownership, maintenance and disposition of Presidential documents under the Presidential Records Act, 44 U.S.C. §§ 2201-07 (the "Act") are listed in summarv on this cover page, and are explained in more detail in the material that follows. I. SUMMARY OF PRESIDENTIAL RECORDS ACT REQUIREMENTS (a) Staff members must adequately document the performance of the President's constitutional, statutory and ceremonial duties. (b) Staff members must preserve the original of any Presidential record. Duplicate copies may be destroyed. (c) Staff members should preserve their Presidential records in complete and orderly files and should keep their non-Presidential records -- that is, their personal records, federal records or non-record materi- als -- segregated from their Presidential records, preferably through the use of separate filing systems. (d) Staff members departing from the White House must turn over to the Office of Records Management the originals of all Presidential records in their possession. (e) Staff members are prohibited from taking copies of any Presidential records with them when they depart from the White House, unless those records have clearly been made public previously (e.g., copies of press releases). (f) Staff members may dispose of "non-record" materials such as notes of meetings, rough drafts not circulated to others, visitor logs, duplicate copies, etc.; however, because such records contain official informa- tion, staff members are prohibited from removing them (or copies of them) from the White House. - 2 - II. TYPES OF RECORDS COVERED BY THE ACT The Act defines "Presidential records" to include not only the official documents written and received by the President but also the official records created or received by his staff. "Presidential records" encompass any form of memorializing information, including but not limited to written documents, models, pictures, films and audio and electronic recordings. While the Act requires that staff members adequately document the performance of the President's constitutional, statutory and ceremonial duties, the decision whether information should be memorialized in the first instance remains with each staff member. For example, it is within the discretion of a staff member to dispose of materials that do not rise to the level of a record, such as scratch pads, unimportant notes to one's secre- tary, phone logs, visitor logs, notes of meetings, etc., provided this is based upon a determination that creation of a record is not required in the circumstance. However, if non-record ma- terial is not disposed of contemporaneously, you must be careful to ensure that it is kept by you exclusively for your own use and not made accessible to others on the staff; making non-record material accessible to others on the staff will convert it into "record" material. Records relating to political activities which are undertaken in the course of carrying our the President's official or ceremonial duties are Presidential records (e.g., political briefing papers for official trips and official meetings are Presidential rec- ords). Records relating to political activities not associated with the President's official duties are not Presidential records (e.g., materials for political and campaign-related meetings and trips.) Private papers, which staff members might keep in their offices, such as insurance claim forms or purely personal correspondence, are personal, not Presidential records. Personal records include diaries or journals that are kept by a staff members exclusively for his or her own use and reference, are not accessible to others on the staff and are not used for transacting government business. Personal documents and files should be segregated and stored separately from official records. III. UNITS OF THE EXECUTIVE OFFICE OF THE PRESIDENT COVERED BY THE ACT All records of the White House Office, the Office of Policy Development, the Council of Economic Advisers, the President's Intelligence Oversight Board and the President's Foreign Intelligence Advisory Board are Presidential records. Records of the Office of Management and Budget, the Office of the United States Trade Representative, the Council on Environmental - 3 - Quality, and the Office of Administration are federal, not Presidential, records. The records of the National Security Council staff are federal records if they were received or created in connection with the work of the statutorily-created National Security Council. Additionally, the NSC's internal administrative records are federal records. The records of the National Security Council staff are Presidential records if they were received or created for the President, the Assistant to the President for National Security, his Deputy or a member of the White House staff inde- pendently of any meeting or policy and staff actions of the NSC. The records of the Office of Science and Technology Policy are federal records; however, those records produced or received by the Director of OSTP in his role as Science Advisor to the President are Presidential records and should be segregated as such. IV. MAINTENANCE OF PRESIDENTIAL RECORDS The law imposes an affirmative obligation on staff members to document adequately the performance of the President's constitu- tional, statutory and ceremonial duties. Staff members are urged to document the performance of their duties and preserve these records in complete and orderly files. Personal records should be kept apart from official records and clearly labeled as such. Moreover, those officials or units which maintain both Presiden- tial records and federal records should file them separately with a clear indication of whether they are Presidential or federal. Assistance in distinguishing between Presidential, federal and personal records can be obtained from the Office of the Counsel to the President. Assistance in establishing file systems can be obtained from the White House Office of Records Management. In addition, staff members should, to the extent possible, ensure that any files that they have which contain particularly sensi- tive information are clearly labelled to reflect that fact. Under the terms of the Presidential Records Act, as well as available constitutional and common law privileges, most of the sensitive Presidential records can be protected, at least for a specified time period, from public access. While Archivies personnel, in consultation with President Bush or his designees, will review all Presidential records and segregate out at least those records that are to be protected under the Presidential Records Act, to avoid inadvertant release of sensitive informa- tion it is useful for those who created them, to the extent possible, to mark those files. Possible file labels may include: (1) "Classified information" (in general, this label should be unnecessary as classified files should already be clearly marked). - 4 - (2) "Information the release of which may be prejudicial to the maintenance of good relations with foreign nations" (the vast bulk of such information should be classified and therefore would fall within category Number 1 above). (3) "Sensitive personal information" (i.e., information the release of which may be embarrassing to the individuals mentioned or to their families). (4) "Sensitive information involving the confidential advice requested by or provided to the President or his advisers." (5) "Sensitive law enforcement materials." (6) "Trade secrets or sensitive commercial or financial information." (7) "Information subject to attorney-client or attorney work product privileges." V. DISPOSITION AND DESTRUCTION OF PRESIDENTIAL RECORDS Once a decision is made to memorialize and maintain information as a Presidential record it becomes the property of the United States and may be disposed of only in accordance with procedures established by the Archivist of the United States. The Act prohibits the disposal of Presidential records unless those records no longer have administrative, historical, informational, or evidential value. Moreover, before disposing of any records the President must notify the Archivist and under some circum- stances appropriate Congressional committees. The White House Office of Records Management ("ORM") will maintain records disposal schedules, which are approved by the Archivist, for certain recurring types of disposable papers, such as form letter public mail, anonymous public mail, unsuccessful and unsolicited applications for employment, and enclosures received in public mail. If you have a recurring type of disposable material in your office, you may wish to request that ORM enter it on the records disposal schedule. Before you dispose of any documents, contact ORM to determine whether the category of items involved has been approved for disposal. Such prior notice is not necessary for destruction of exact duplicates of documents which are being maintained, or for copies of officially published documents, such as printed reports, etc. ORM can also arrange for storage of records which are to be preserved, but for which there is no longer a current need. Offices are encouraged to develop systematic records retirement schedules, reserving filing space for those records for which there is a current need. - 5 - VI. LEGAL CONTROL OF PRESIDENTIAL RECORDS Presidential records remain in the custody and control of the President during his term of Office and are not accessible to the public under the Freedom of Information Act. In contrast, federal records are accessible to the public under the provisions of the Freedom of Information Act. Upon completion of the Administration, the Archivist acquires custody of Presidential records. However, the President may assert control for twelve years over public access to certain categories of records. Basically, these categories are: (a) security classified items; (b) documents related to appointments to Federal office; (c) items specifically exempted from disclo- sure by other statutes; (d) trade secrets and commercial or financial information; (e) confidential communications requesting or submitting advice between the President and his advisers, or between such advisers; and (f) personnel or medical files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Thereafter, public access is determined by the Freedom of Information Act, subject in all cases to the President's right to invoke any Constitutional privilege against disclosure. VII. RECORDS THAT MAY BE RETAINED BY STAFF MEMBERS UPON DEPARTURE To insure that the President maintains the maximum controls permitted by law, staff members may not remove copies of Presidential records from their offices either now or at the end of the Administration. When a staff member leaves the White House, he or she shall deliver all files and records to ORM at the White House or, in the case of the National Security Council staff, to the Executive Secretariat of the National Security Council. Federal records shall be left with the appropriate agency. Staff members may remove only those records which are purely personal. The foregoing is designed to provide general guidance with respect to the Presidential Records Act. Specific questions of coverage or interpretation should be addressed to the Counsel's Office. Assistance in records maintenance and storage can be obtained from the White House of Records Management. THE WHITE HOUSE WASHINGTON March 31, 1987 IMPLEMENTATION OF THE RECOMMENDATIONS OF THE PRESIDENT'S SPECIAL REVIEW BOARD The President's Special Review Board submitted its Report on February 26, 1987. I addressed the Nation on March 4 and announced first, that I endorse the Board's recommendations; and second, that I intend to go beyond the Board's recommendations to put the National Security Council (NSC) process in even better order. This Directive spells out the specific steps I have approved to implement the letter and spirit of the Board's recommendations. Many steps were taken even prior to the issuance of the Board's Report. The NSC staff was rebuilt and made subject to proper management discipline. A directive was issued on my instruction to prohibit the NSC staff itself from undertaking covert operations. A comprehensive legal and policy review of such operations, ordered by me, was already far advanced. Proper procedures for consultation with the Congress were reaffirmed and are being observed. In light of the Board's Report, additional measures are required. This Directive sets forth the specific timetable according to which I expect all such measures to be completed. It is of utmost importance that the NSC -- including all members of, and advisors to, the NSC, the Assistant to the President for National Security Affairs, the NSC staff, and all other participants in the NSC process -- act decisively to accomplish my objectives fully. I shall inform Congress of the nature and progress of these Executive branch efforts prior to the end of March; I also shall call upon Congress to heed the balance of the Board's recommendations, namely: -- that no substantive change be made in the provisions of the National Security Act dealing with the structure and operation of the NSC system; -- that the position of Assistant to the President for National Security Affairs not be made subject to Senate confirmation; and -- that Congress replace the existing Intelligence Committees of the Senate and House of Representatives with a new joint committee with a restricted staff to oversee the intelligence community. Full Text of NSDD 266 2 These recommendations of the Board, which are addressed to Congress, I also strongly endorse. I. Model for the National Security Council System The structure and procedures of the National Security Council shall incorporate all aspects of the model of the NSC system described in the Report of the President's Special Review Board as the Board's principal recommendation. This directive implements that recommendation in each of the following respects: -- organizing for national security, including provision of appropriate guidelines to participants in the NSC process; -- the role and functions of the Assistant to the President for National Security Affairs; -- the nature and responsibilities of the NSC staff; and -- the NSC and interagency process. A. Organizing for National Security The National Security Council shall be the principal forum for consideration of national security policy issues requiring presidential decision. The function of the NSC shall be as set forth in the National Security Act of 1947, as amended. Broadly speaking, the NSC shall advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable Executive departments and agencies to cooperate more effectively in matters involving the national security. Participation in the NSC shall be as provided by law and this Directive. Statutory members of the NSC are the President, the Vice President, the Secretary of State, and the Secretary of Defense. Other heads of Executive departments and agencies and senior officials within the Executive Office of the President shall participate in the NSC as provided in this Directive. The Director of Central Intelligence and the Chairman of the Joint Chiefs of Staff are statutory advisors to the NSC. The Director of Central Intelligence shall advise the NSC with respect to coordinating intelligence activities of Executive departments and agencies in the interest of national security and as otherwise provided by law. The Chairman of the Joint Chiefs of Staff shall be principal military advisor to the President, the Secretary of Defense, and the NSC. 3 The Directors of the United States Arms Control and Disarmament Agency and United States Information Agency are special statutory advisors to. the NSC. The Director of the Arms Control and Disarmament Agency shall be principal advisor to the President, the Secretary of State, and the NSC on arms control and disarmament matters. The Director of the United States Information Agency shall be principal advisor to the President, the Secretary of State, and the NSC on international informational, educational, and cultural matters. The Secretary of State shall be the President's principal foreign policy advisor. As such, the Secretary shall be responsible for the formulation of foreign policy, subject to review within the NSC process and the President's guidance as appropriate, and for the execution of approved policy. I assign to the Secretary of State authority and responsibility, to the extent permitted by law and this Directive, for the overall direction, coordination, and supervision of the interdepartmental activities incident to foreign policy formulation, and the activities of Executive departments and agencies of the United States overseas. Such activities shall not include those of United States military forces operating in the field under the command of a United States area military commander, and such other military activities as I elect, as Commander in Chief, to conduct exclusively through military or other channels. Activities that are internal to the execution and administration of the approved programs of a single department or agency and that are not of such nature as to affect significantly the overall United States overseas program in a country or region are not considered to be activities covered within the meaning of this Directive. The Secretary of Defense shall be the President's principal defense policy advisor. As such, the Secretary shall be responsible for the formulation of general defense policy, subject to review within the NSC process and the President's guidance as appropriate, for policy related to all matters of direct and primary concern to the Department of Defense, and for the execution of approved policy. I assign to the Secretary of Defense authority and responsibility, to the extent permitted by law and this Directive, for the overall direction, coordination, and supervision of the interdepartmental activities incident to defense policy formulation. The Director of Central Intelligence shall be the President's principal advisor on intelligence matters. As such, the Director shall be responsible for the formulation of intelligence activities, policy and proposals, subject to review within the NSC process and the President's guidance as appropriate, as set forth in law and relevant Executive orders. I assign to the Director of Central Intelligence authority and responsibility, to the extent permitted by law, Executive order, and this Directive, for the overall direction, coordination, and supervision of the interdepartmental activities incident to intelligence matters. 5 C. The National Security Council Staff The functions and responsibilities of the Executive Secretary of the National Security Council shall be as provided by the National Security Act of 1947, as amended. The Executive Secretary heads the NSC staff and, in accordance with applicable laws and regulations, appoints and fixes the compensation of personnel required to perform such duties as may be prescribed by the President, the NSC, or the National Security Advisor. The Executive Secretary shall establish procedures within the NSC Executive Secretariat for maximum effective support of the NSC and the National Security Advisor in performance of responsibilities assigned by the President. With the guidance and under the instruction of the National Security Advisor, the Executive Secretary shall develop and implement appropriate policies with respect to the overall size of the NSC staff, the background and experience of its members, the duration of their service, and the organization of staff offices. The objectives shall be twofold: first, an NSC staff that is small, highly competent, broadly experienced in the making of national security policy, and properly balanced from among Executive departments and agencies and persons drawn from within and outside government; and second, an NSC staff organization that imposes clear, vertical lines of control and accountability. The Executive Secretary, through the National Security Advisor, shall recommend for my consideration specific measures designed to enhance the continuity of the functioning of the NSC, including measures to ensure adequate institutional recordkeeping from administration to administration. Specific recommendations for these purposes shall be made not later than June 30, 1987. The NSC staff, through the Executive Secretary, shall assist the National Security Advisor in each aspect of his roles both as manager of the NSC process and as my principal staff advisor on national security affairs. The NSC staff shall include a Legal Advisor whose particular responsibility it will be to provide legal counsel to the National Security Advisor, the Executive Secretary, and the NSC staff with respect to the full range of their activities, and to assist the National Security Advisor in ensuring that legal considerations are fully addressed in the NSC process and in interagency deliberations. The NSC Legal Advisor shall be accorded access to all information and deliberations as may be required for these purposes, and shall advise the National Security Advisor and Executive Secretary as appropriate on all matters within his responsibility. He shall work cooperatively with the Counsel to the President, the Legal Adviser of the Department of State, and with senior counsel to all other NSC members, advisors, and participants. 6 D. The National Security Council and Interagency Process 1. National Security Council Meetings The National Security Council shall meet regularly to consider matters directed by the President or recommended by the National Security Advisor or by the other NSC members. The National Security Advisor shall attend all NSC meetings and shall be responsible for the agenda and conduct of such meetings under my direction. The statutory members of the NSC, and the Director of Central Intelligence and Chairman of the Joint Chiefs of Staff as statutory advisors to the NSC, shall attend NSC meetings. In addition, the Attorney General, the Secretary of the Treasury, and the Chief of Staff to the President at my invitation shall attend NSC meetings. The special statutory advisors to the NSC, the Director of the Office of Management and Budget, and the heads of other Executive departments and agencies shall be invited to attend such NSC meetings as relate to matters vested under their authority. The National Security Advisor shall provide NSC participants advance notice of all NSC meetings and agenda therefor. To the extent practicable, the National Security Advisor shall circulate decision documents in advance of such meetings. The Executive Secretary of the NSC and the NSC staff shall assist the National Security Advisor in connection with appropriate preparations for, and follow-up to, NSC meetings, as directed by the President. Such assistance shall include preparation of meeting minutes and the development and dissemination of decision documents and, as appropriate, study directives. All decision documents shall be submitted for the President's review and action by the National Security Advisor. The National Security Advisor shall transmit decision documents to the President through the Chief of Staff to the President. National Security Decision Directives, intelligence findings, and similar decision documents shall be coordinated, in advance of their submission to the President, by the NSC Legal Advisor with the Counsel to the President. 2. The Interagency Process To assist the NSC at large and its individual members and advisors in fulfilling their responsibilities, I previously directed or authorized the establishment of senior interagency groups and regional and functional interagency groups. The purpose of such groups was to establish policy objectives, develop policy options, make appropriate recommendations, consider the implications of agency programs for foreign policy or overall national security policy, and undertake such other activities as may be assigned by the NSC. The NSC, through the National Security Advisor, shall review the structure of senior interagency groups and regional and functional interagency groups established pursuant to, or under authority of, presidential directives or applicable memoranda, and shall recommend all such changes thereto as may be necessary 8 This review shall take fully into account such changes as I have authorized by this Directive to the structure of the NSC. The National Security Advisor shall present, for consideration by the NSC, a revised National Security Decision Directive on procedures for covert action policy approval and coordination not later than April 30, 1987. III. Intelligence Process Maintaining the integrity and objectivity of the intelligence process is an important goal of the United States intelligence effort. It demands, as the President's Special Review Board has stated, careful differentiation between the respective roles of foreign intelligence, on the one hand, and policy advocacy, on the other. The Director of Central Intelligence shall provide such additional review of, guidance for, and direction to, the conduct of national foreign intelligence estimates as may be required to accomplish fully this objective. The Director of Central Intelligence shall review established procedures for the production of national foreign intelligence estimates and, not later than July 31, 1987, shall inform the NSC, through the National Security Advisor, of any modifications or additions thereto he may deem appropriate for this purpose. IV. Reporting The National Security Advisor shall keep me fully informed of progress on all aspects of the implementation of the recommendations of the President's Special Review Board. TO THE CONGRESS OF THE UNITED STATES: In my address to the American people on March 4, I promised that I would report to the Congress by the end of March on all the steps I have taken to implement the recom- mendations of the President's Special Review Board chaired by former Senator John Tower. I hereby submit to the Congress for its information the text of the decision directive I issued to implement the Special Review Board's recommendations. This directive mandates certain actions to put the National Security Council (NSC) process in better order and to avoid any recurrence of the deficiencies and abuses that the Special Review Board described. Many of these remedial measures -- including the prohibition of NSC staff engagement in covert activities -- were implemented before the Special Review Board reported to me on February 26. The remaining steps have been taken or will be completed shortly. The President and the Congress share a significant responsibility for safeguarding and advancing the interests of the United States in the world at large. When our two branches of government are at odds, we weaken ourselves as a force for international peace and freedom; when our two branches work in harmony, there is little our Nation cannot accomplish. Each branch is jealous of its constitutional prerogatives; yet, each must also respect the prerogatives of the other. In this regard, I endorse the Special Review Board's recommendation that the structure and procedures of the National Security Council system not be the subject of further legislation. The NSC and NSC system have traditionally been a flexible instrument for presidential management of national security affairs. Every President since 1947 has used this instrument in a different way; as my successors, too, will discover, its flexibility is an important part of its usefulness. Similarly, the Special Review Board found that it was not the present structure or procedures that were at fault; rather, the problem was that the properly established structure and procedures were not properly used. The reforms and changes I have made are evidence of my determination to return to proper procedures, including consultation with the Congress. I will do my share, as I sa on March 4, "to make the congressional oversight process work." I look to the Congress to do its share, as well. In th intelligence field, I welcome the Congress's oversight role it has developed in the last decade. At the same time, this is a sphere of policy that requires a strong Executive role for constitutional, historical, and practical reasons -- as well as a special spirit of close cooperation between our two branches. The Special Review Board recommended that the existing Intelligence Committees of the House and Senate be merged in a new Joint Committee, with & restricted staff, to oversee el intelligence community. This is a recommendation that deserves to be enacted as it would help ensure the necessary secrecy of deliberations in this sensitive area. In addition I must make clear that I will strongly oppose legislation the would attempt to encroach further on what I regard as the President's independent constitutional authority in the intelligence field. I pledge to the American people and to the Congress that I will follow through on all the commitments set forth in the decision directive that I an transmitting. I intend, as well to move ahead on the pressing agenda of foreign policy challenges and opportunities that lie before us. This agenda will not wait. I was elected to carry forward this Nation's vital role of leadership in the world, and I intend to do so Ronald Pauga THE WHITE HOUSE, March 31, 1987. UNCLASSIFIED SECRET W/SECRET ATTACHMENT NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 20101 March 13, 1989 MEMORANDUM FOR THE NSC STAFF FROM: G. PHILIP HUGHES Shilep SUBJECT: NSC Records Management System Procedures (U) A working knowledge of the Records Management System is essential to the preparation and submission of NSC documents. These procedures have been developed to ensure timely and accurate processing of national security materials. Attached is a fact- sheet which provides an overview of the systems, lists the types of documents that go into each system, explains the log numbering process and describes document handling procedures. (U) Attachment Tab A NSC Records Management System (U) DECLASSIFIED White House Guidelines E.O. 13526, SEC 3.4 (b), September 11, 2006 By CAP NARA, Date 9/8/10 UNCLASSIFIED W/SECRET ATTACHMENT Declassify on: OADR SECRET Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 03. Paper Re: NSC Records Management System (7 pp.) n.d. (b)(1) S Collection: Record Group: Bush Presidential Records Office: Scowcroft, Brent, Collection Series: Administrative Files Subseries: WHORM Cat.: File Location: Administrative, 1989 - 1991 [3] Date Closed: 9/8/2010 OA/ID Number: 85033-003 FOIA/SYS Case #: 2009-0275-S[2] Appeal Case #: Re-review Case #: Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. THE WHITE HOUSE WASHINGTON March 8, 1989 MEMORANDUM FOR ALL WHITE HOUSE AND EXECUTIVE OFFICE OF THE PRESIDENT STAFF FROM: J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION SUBJECT: Library Hours Effective Monday, March 13, 1989, the hours for libraries within the Executive Office of the President will be extended as follows: White House Library and Research Center Room 308 OEOB, x7000 8:00 a.m. to 6:00 p.m., Monday through Friday White House Law Library Room 528 OEOB, x3397 8:30 a.m. to 5:30 p.m., Monday through Friday Executive Office of the President Library Room G-102 NEOB, x3654 8:00 a.m. to 6:00 p.m., Monday through Friday We hope these extended hours will fully serve your informational needs. Emergency after hours library service may be requested by calling the White House operator (456-1414), who will connect you with a librarian. Thank you. 3 2BS THE WHITE HOUSE WASHINGTON 3 admen file MEMORANDUM FOR WHITE HOUSE STAFF FROM: C. BOYDEN GRAY CMG SUBJECT: Prohibited Contacts with Agencies It is important that all members of the White House staff recognize that there are significant restrictions on the kinds of communications you may initiate with independent regulatory agencies and Executive agencies and their components. This is particularly so where these agencies have an adjudicative, investigatory, enforcement, intelligence, or procurement function. Violations of the restrictions on certain contacts may not only result in significant embarrassment to the individual and the White House but could end in legal sanctions against the individual as well. The following material elaborates on the publications and restrictions applicable when staff make contact with an agency. While the material is extensive, it is important to review it carefully. Should you have any questions, you are urged to contact the Counsel's office. A. Contact with Independent Regulatory Agencies, Investigative and Intelligence Departments and Agencies, and Procurement Agencies. 1. Regulatory Agencies: The cases that come before these agencies are of two general types: rulemaking and adjudicative. Both are normally extremely complicated, extremely important to the parties concerned, and involve large amounts of money. While there may be exceptional occasions when White House staff contact with agency personnel is justified in rulemaking proceedings, there is no justification for involvement in particular adjudicative proceedings. As a general rule, no member of the staff should make an ex parte contact with a regulatory agency in regard to any particular matter pending before that agency, regardless of whether the proceedings are deemed to be rulemaking or adjudicative, when such a contact may imply preferential treatment or the use of influence on the decision-making process. Should you receive inquiries with regard to such matters, you should refer the inquiring party to the agency involved, and express no opinion on the issues raised. In short, White House staff members should avoid even the mere appearance of interest or influence -- and the easiest way to do so is to avoid discussing matters pending before the independent regulatory agencies with interested parties and avoid making ex parte contacts with agency personnel. Should an occasion arise in the course of your duties where it appears necessary to discuss general policy matters with the staff of an independent regulatory agency, to avoid any appearance of impropriety, you should first consult with the Office of the Counsel to the President to determine whether such contact would be appropriate under the circumstances. Such clearance is not required before contacting executive agencies on administrative or purely executive matters where no adjudicative, regulatory or procurement action is involved. The following agencies, while not an exhaustive listing, are regarded by the Justice Department as independent and should not be contacted by White House staff (except for routine referrals of mail, and administrative matters) without prior clearance with the Counsel's office: Commodity Futures Trading Commission Consumer Product Safety Commission Federal Communications Commission Federal Election Commission Federal Maritime Commission Federal Trade Commission Interstate Commerce Commission National Credit Union Administration National Labor Relations Board National Transportation Safety Board Nuclear Regulatory Commission Occupational Safety and Health Review Commission Securities and Exchange Commission U.S. International Trade Commission The following agencies, or components of Executive departments or agencies, exercise certain regulatory or adjudicative functions which should be treated as independent. Accordingly, they should not be contacted with respect to the exercise of those functions without prior clearance with the Counsel's office: Environmental Protection Agency Equal Employment Opportunity Commission Federal Aviation Administration (Transportation) Federal Energy Regulatory Commission (Energy) Federal Labor Relations Authority Foreign Claims Settlement Commission (Justice) Merit Systems Protection Board Overseas Private Investment Corporation Pension Benefit Guaranty Corporation U.S. Parole Commission (Justice) This list is merely illustrative. Many bureaus and divisions of agencies have authority to issue binding regulations or to decide specific claims, and White House staff should not attempt to influence these decisions on an ex parte basis. 2. Investigative and Intelligence Agencies: As set forth in Part B of this section, the ban on contacts extends to the litigating, investigative and adjudicatory divisions of the Department of Justice. The same rules apply to the Internal Revenue Service, the Inspectors General, the Special Counsel of the Merit Systems Protection Board, and similar components of departments and agencies with authority to investigate charges of misconduct, conduct audits of specific programs, or bring complaints before courts or other adjudicative bodies. White House staff should also confer with the Counsel's office before making inquiries of agencies with respect to particular individuals. While the White House Office is not bound by the provisions of the Privacy Act of 1974, 5 U.S.C. Sec. 552a, Federal agencies are restricted by the Act from disclosing information about individuals contained in their files. The White House staff should be sensitive to these constraints. Agencies in the intelligence community, including CIA, NSA, DIA, the Intelligence Division of the FBI, and the intelligence components of the military services, report to the President through his Assistant for National Security Affairs. These agencies should not be contacted directly without coordinating first with the Assistant for National Security Affairs, and, where issues of individual privacy may be concerned, the Counsel to the President. 3. Procurement Agencies: In recent years, the public has become increasingly sensitive to the allegations of improper influence in the awarding of government contracts. Obviously, no member of the White House staff should contact any procurement officer about a contract in which he has a personal financial interest or in which a relative, friend, or business associate has a financial interest. This is true not only as to calls or contacts in which influence is directly exerted, but also as to so-called "status" calls or other communications which might direct the attention of the procurement officer to the fact that the White House staff member has an interest. There are likely to be occasions when the White House has a legitimate interest in information about procurement matters; in such instances, the communication should be made by persons who have no direct interest themselves, and whose friends or associates have no such interests. It is advisable that the lack of such interest be made known to those receiving the communication so that unintended inferences do not arise. To the extent that it can be done, information should be obtained after the contracting procedure is completed, or from persons not involved in the decision-making process. To avoid the appearance of conflict and subsequent embarrassment, White House staff members who feel they must contact procurement agencies with regard to pending matters should also first contact the Office of the Counsel to the President. B. Communications with the Department of Justice As we are all keenly aware, it is imperative that there be public confidence in the effective and impartial administration of the laws. To that end, after consultation between the President and the Attorney General, the following procedures have been established in regard to communications between the White House staff and the Department of Justice. 1. All inquiries which concern or may concern particular pending investigations or cases being handled by the Department of Justice shall be directed to the Counsel to the President. If appropriate and necessary, the inquiry will then be transmitted to the Office of the Attorney General or the Deputy Attorney General. 2. All requests for formal legal opinions from the Department of Justice shall be directed to the Counsel to the President, who will direct such requests to the Office of the Attorney General or to the Assistant Attorney General, Office of Legal Counsel. 3. All comments between the White House Office and the Department of Justice in regard to policy, legislation and budgeting should be handled directly between those parties concerned. C. Communications with the Department of the Treasury In light of the sensitive nature of some of the component agencies of the Department of the Treasury, such as the Office of Comptroller of the Currency, Internal Revenue Service, the Bureau of Alcohol, Tobacco and Firearms, and the Secret Service, the following procedures have been established in regard to communications between the White House staff and the Treasury Department: 1. All inquiries which concern or may concern particular pending investigations or cases shall be directed to the Counsel to the President. If appropriate and necessary, the inquiry will then be transmitted to the Office of the Deputy Secretary of the Treasury. 2. All inquires which concern or may concern rulings on pending applications, regulatory actions or adjudications shall likewise be directed to the Counsel to the President for transmittal, if appropriate, to the Deputy Secretary. 3. All requests involving tax return information shall be directed to Counsel to the President. If permitted by the Internal Revenue Code, such requests will be forwarded to the Deputy Secretary of the Treasury, except for routine "tax checks" which will be processed under our existing procedures. 4. Requests for information or statistical data of a routine nature and comments regarding policy, legislation and budgeting should continue to be handled directly between White House staff and the appropriate Treasury official. D. Procedures Governing Presidential Review of International Aviation Decisions Executive Order 12547 (February 6, 1986) sets out procedures for Presidential review of international aviation decisions pursuant to Section 801 of the Federal Aviation Act, 49 U.S.C. Sec. 1461. Section 5 of the Executive Order prohibits individuals within the Executive Office of the President from discussing Section 801 cases -- those involving international aviation -- with outside parties, and requires such individuals to refer written communications on Section 801 cases from outside parties to the appropriate office outside the Executive Office of the President. You should refuse to discuss cases subject to the President's approval under Section 801 with interested private parties, and you should refer any written communications you receive on such cases to Counsel's office for appropriate referral. Purely domestic aviation decisions not subject to Presidential approval under Section 801 would typically implicate our general policy against White House interference in particular matters pending before agencies with adjudicative responsibilities. You should consult with Counsel's office before discussing such cases with interested private parties or Government agencies. Your cooperation in observing these guidelines is most strongly urged. If you have any questions regarding these procedures, please contact the Counsel's office. THE WHITE HOUSE WASHINGTON February 27, 1989 MEMORANDUM FOR WHITE HOUSE STAFF FROM: C. BOYDEN GRAY CBg COUNSEL TO THE PRESTDENT SUBJECT: Acceptance of Special Commercial Discounts This memorandum provides guidance for the acceptance of special commercial discounts by members of the White House staff. It is a recognized fact that in commercial dealings there are a variety of special rates and commercial discounts offered to individuals. These are usually derived from membership in organizations, occupations, age, etc. They are not granted exclusively to individuals in public service, nor only to those in the Executive Branch. However, it is also possible that they may be offered for an improper motive or the acceptance of them might result in the appearance of impropriety. The acceptance by a White House Staff member of any special rate or commercial discount will be governed by the rules and prohibitions related to the acceptance of gifts. The only exceptions to this are when the rate or discount is offered to all government employees, or when the rate or discount is offered to a defined class of individuals and the White House staff member is a member of that class. Note, however, in the instance where the offer is to a defined class other than all government employees, an exception does not apply, and such a rate or discount may not be accepted, under the following circumstances: A. if it is offered only to members of the White House staff; B. if the person or entity offering the rate or discount 1. has exclusive interests that may be directly affected by the performance of the employee's official duties; or 2. has or is seeking business with the White House; or 3. appears to be offering the rate or discount to the staff member with the hope or expectation of obtaining an advantage or preferment in dealing with the United States government for any purpose. C. if acceptance of the rate or discount would otherwise adversely affect the public's confidence in the integrity of the government. Additionally, particular mention should be made of the practice of purchasing items from foreign manufacturers and obtaining an offered discount by virtue of holding a diplomatic or an official passport. There is nothing per se illegal or unethical in this practice, whether the item was purchased while abroad or from the United States, as long as the purchase was consistent with the manufacturer's offer to the class and was made for personal use and not for resale. However, as a matter of White House policy, henceforth no member of the White House staff should avail himself or herself of an offered discount from a foreign manufacturer based solely upon the holding of such a passport, unless such person is out of the country on official business for a period in excess of thirty (30) days. This policy does not apply to the use of a passport to purchase items for personal use at a United States Embassy or for the waiver of any foreign taxes as provided by law or treaty. Note further, that a staff member is prohibited from using any rate or discount related to government service to obtain any item for the purpose of resale at a profit. Such activity will result in dismissal from the White House staff, and may also result in criminal prosecution. This guidance applies to rates and discounts. It does not preclude a White House staff member from seeking to negotiate a price in a commercial setting. In doing so, however, the member must be mindful that he or she should neither seek nor accept a price that would be violative of the spirit of this guidance or otherwise create the appearance of using one's government position for personal gain. If you have any questions about the above, or about its application to a particular special rate or discount, please consult with the Counsel's office before accepting it. THE WHITE HOUSE WASHINGTON February 27, 1989 MEMORANDUM FOR WHITE HOUSE STAFF FROM: C. BOYDEN GRAY COUNSEL TO THE PRESIDENT SUBJECT: Support of Administration Legislative Programs This memorandum is intended to alert members of the White House staff to proscriptions on lobbying activities imposed by federal law and to provide general guidelines to staff members working in this area so as to insure compliance with those laws. Simply stated, the so-called "Anti-Lobbying Act" (18 U.S.C $1913) prohibits the use of appropriated funds, directly or indirectly, to pay for "any personal service, advertisement, telegram, telephone, letter, printed or written matter or other device" intended to influence a Member of Congress in acting upon legislation, before or after its introduction. There is also an appropriation rider, which has appeared in appropriation bills since 1951, barring the use of appropriated funds for "publicity or propaganda purposes" designed to support or defeat legislation pending before Congress. Interpretations of 18 U.S.C. $1913 by the Department of Justice make it clear that an employee of the Executive Branch, while acting in his or her official capacity, may communicate with a member of Congress for the purpose of providing information or soliciting that member's support for the Administration's position on matters before Congress whether or not such contact is invited and whether or not specific legislation is pending. Thus, the ordinary and traditional interaction between the Executive and Legislative Branches is permitted. Likewise, it is not improper for an Executive Branch employee to provide legitimate informational background and material to the public in support of an Administration policy effort. Problems arise where employees of the Executive Branch become involved, directly or indirectly, in efforts to induce or encourage members of the public to lobby members of Congress on Administration programs or legislation. Unfortunately, the line separating proper and improper conduct is imprecise and the propriety of an activity may well depend on each individual situation. The following comments and examples are intended to provide general guidance for the more frequently encountered contacts and activities: 1) Executive Branch officials may speak freely in meetings with individuals or groups, at public forums, at news conferences, and during news interviews, but where these appearances of personnel become so excessive as to be deemed to be a publicity campaign, the activity might be challenged. Any undue degree of direct contact with the private sector by persons who do not ordinarily engage in such activities is evidence of prohibited conduct. 2) Appropriated funds should not be used to produce written, printed or electronic communications for distribution with the intent to induce members of the public to lobby members of Congress. For example, an organized mailing to members of the public initiated by Executive Branch personnel, stating the Administration's position and asking the recipients to contact their Senators and Representatives in support of that position should be avoided. Moreover, asking recipients to contact their elected representatives should also be avoided in communications sent in response to inquiries received by the Executive Branch. However, responses to incoming communications may include information which responds to the specific inquiries as well as explanations of the Administration's position on matters of public policy, including proposed legislation. Massive distribution by the Executive Branch of unsolicited copies of a public document, such as the reprint of a public official's speech or other informational materials, may raise a question even though the contents are only informational and do not suggest that the recipients contact members of Congress. Normal unsolicited distribution of press releases, public officials' speeches, fact sheets and other informational materials to persons, because of governmental or organizational position or expression of interest in the subject matter, would not ordinarily create a problem. Each such proposed distribution must be separately judged based on the purpose and content of the communication and the number and kind of people who will receive the information. 3) Officials and employees of the Executive Branch may properly have regular contact with non-governmental organizations which have among their purposes lobbying members of Congress or attempting to influence the general public to lobby the Congress. However, in these dealings, the officials should not or even appear to dominate the group or use the group as an arm of the Executive Branch. (a) Examples of the kinds of activities in which Executive Branch officials might participate in dealing with independent outside organizations include: (i) exchange information, as long as it is not privileged; (ii) make suggestions, respond to or raise particular inquiries, or discuss the merits of various legislative strategies and related matters, so long as the Executive Branch officials do not suggest organization of grass roots pressure; (iii) address meetings (non-fundraisers) sponsored by such organizations; (iv) Upon the request of an independent organization provide to it for reproduction and distribution by the organization: -- sample copies of documents prepared by Executive Branch officials (such as press releases, public officials speeches, fact sheets) that are otherwise available for public distribution. -- letters on specific subjects written by Executive Branch officials. (Note that the materials must not suggest that the recipients contact Members of Congress urging support of particular positions; also the decision to publish or distribute any such material must be left to the independent organization.) (b) Examples of the kinds of things which Executive Branch officials should avoid include: (i) responsibility for the on-going operation of an outside organization; (ii) requesting that an organization activate its membership at large to contact members of Congress on behalf of a legislative proposal; (iii) gathering information or producing materials specifically for such an organization which cannot properly or would not ordinarily be gathered or produced as part of the official's regular work; (iv) producing or providing multiple copies of materials to be distributed by such organizations; (v) requesting an organization to prepare or distribute any materials that suggest directly or indirectly that the recipients contact members of Congress, or playing any substantial role in advising an organization regarding the content of material it may wish to distribute; (vi) providing to such organizations lists of or correspondence from persons who favor or oppose particular policy positions; (vii) involvement in fundraising activities by such organizations (because of the varying forms that such involvement might take, any involvement should be discussed in advance, with the Counsel's office). These legal provisions are not intended to prohibit an on-going dialogue or interaction between the Executive Branch and the public in an educational effort to explain Administration positions, but where that conduct develops into a publicity and propaganda campaign designed or intended to pressure citizen groups into contacting Congressional representatives, the boundary of propriety has been crossed. 18 U.S.C. $1913 is a criminal statute and should be taken seriously. In addition, any specific allegation against White House staff members (Level IV and above) for violation of 18 U.S.C. $1913 potentially could trigger the "Special Prosecutors Act", 28 U.S.C. $591, et seq. The General Accounting Office is also authorized to undertake audits in this area, and any disallowed expenditures would have to be borne by the individual supervising the activity that resulted in the unauthorized use of government funds. Because $1913 and the appropriation rider have not often been interpreted it is difficult to be more specific in setting forth guidelines. Any difficult factual situation should be brought to the attention of this office before any action is taken. THE WHITE HOUSE WASHINGTON February 13, 1989 MEMORANDUM FOR WHITE HOUSE STAFF FROM: J. BONNIE NEWMAN Bannie human ASSISTANT TO THE PRESIDENT FOR MANAGEMENT AND ADMINISTRATION SUBJECT: Requests for Equipment, Services and Furnishings We are receiving many requests for various kinds of equipment, services and furnishings. We want to be responsive to your requests and ensure you have the necessary materials and equipment. Accordingly, we ask that you follow the guidelines outlined below in submitting all future requests. When you have a need for equipment, services and furnishings, you should submit your request to the designated Administrative Contact for your office. The contact should evaluate the request, and if it is deemed appropriate, forward it in memorandum form to this office. Only requests transmitted through the Administrative Contact for your office will be considered. Upon receipt in this office, your request will be reviewed and decided upon as quickly as possible. In making our decision we will consider the factors of cost, work schedules, and relative priorities of requests received each day. Your Administrative Contact will be informed of the status of your request shortly after a decision has been made. Thank you for your cooperation. Attachment: List of Administrative Contacts WHITE HOUSE OFFICE ADMINISTRATIVE CONTACTS AS OF FEBRUARY 3, 1989 OFFICE SENIOR OFFICIAL ADMINISTRATIVE CONTACT Chief of Staff John Sununu Katie Winklejohn Staff Secretary James Cicconi Diane Burch Scheduling Office Joseph Hagin Kim Kimball Counsel's Office C. Boyden Gray Maryann Fronce Legislative Affairs Frederick McClure Lisa Jobe Cabinet Secretary David Bates Denise Schwarz Presidential Pers. Chase Untermeyer Pam Covington Press Office Marlin Fitzwater Natalie Wozniak News Summary Bruce Wilmot Bruce Wilmot Communications David Demarest Sharon Botwin Public Liaison David Demarest Sharon Botwin Speechwriters/ David Demarest Sharon Botwin Researchers Media Relations Kristin Taylor Cheryl Kienell Public Affairs Chriss Winston Drucie Scaling Political Affairs James Wray Leslie Gromis Intergov. Affairs Lanny Griffith Erwin Wilcox WHITE HOUSE OFFICE ADMINISTRATIVE CONTACTS AS OF FEBRUARY 3, 1989 OFFICE SENIOR OFFICIAL ADMINISTRATIVE CONTACT Economic/Domestic Policy Roger Porter Nancy Jones Activities & Initiatives Steve Studdert Federico Sainz National Service Greg Petersmeyer Sharon Dale Advance Office John Keller Peggy Hazelrigg Issues Analysis Richard Breeden Carolyn Vaughan Military Office Antonio Lopez Joni Stevens First Lady's Office Susan Porter Rose Lea Uhre Admin/Mgmt. J. Bonnie Newman Carol Cleveland Photo Office David Valdez Marilyn Jacanin Correspondence Shirley Green Patsy Skidmore Reply Processing Maureen Hudson Maureen Hudson Letter Response Kathleen Connally Kathleen Hogan Mail Analysis Lillie Bell Lorraine Camarano Gift Unit John Hilboldt John Hilbolt Visitor's Office Debbie Romash Marja Morris Executive Clerk Ron Geisler Ron Geisler WHITE HOUSE OFFICE ADMINISTRATIVE CONTACTS AS OF FEBRUARY 3, 1989 OFFICE SENIOR OFFICIAL ADMINISTRATIVE CONTACT Records Management Lee Johnson Terry Good Administrative Jean Lamb Jean Lamb Personnel Office Anita Bevacqua Anita Bevacqua WH Operators Alex Nagy Ruth Henry Transportation Billy Dale Billy Dale Copy It is important to have a close working relationship between the bureaus and the appropriate NSC officials. However, we must have a very clear channel for official decisions and recommendations. The existing channel for official transmittal through the Executive Secretary has worked very effectively in the past so that both the National Security Adviser and Secretary of State know what is going on. NSC Staff members should not task bureaus directly and bureaus should not provide documents to them which have not been cleared by senior officials of the Department. We have already had one instance in which an NSC Senior Director tasked a Bureau to produce a major study. At our request, this tasking eventually came through formal channels. We need to set up a smooth procedure for the PCC process. It is important meetings be cleared and taskings be made through the Executive Secretariat of the Department rather than official guidance be passed between NSC staff members and the bureaus. We are working on a procedure which should include official records of such meetings and dissemination to participants based on the experience we have had to date. If the White House receives directly correspondence from foreign leaders we need to ensure that the Department is informed. We have a procedure that whenever correspondence is received for the President, it is forwarded directly to the White House. Exam over Last Sat. Ra. hours THE WHITE HOUSE WASHINGTON February 9, 1989 MEMORANDUM FOR ALL EMPLOYEES EXECUTIVE OFFICE OF THE PRESIDENT FROM: J. BONNIE NEWMAN ASSISTANT TO THE PRESIDENT FOR MANAGEMENT Bonnie heuman AND ADMINISTRATION SUBJECT: The White House Complex During the course of every day, many individuals visit the Old and New Executive Office Buildings, the East and West Wings of the White House, and the other buildings that are commonly known as the White House Complex. For many of these visitors, this is their first, and perhaps only, impression of the Administration and its senior officers. Your assistance is required to ensure our office facilities are maintained in a manner that is appropriate for the complex. In particular, each of you can help us keep our office environment more attractive and professional by properly disposing of trash, newspapers, and excess furniture and equipment. We want to be sure the corridors and other public areas are free of these kinds of obstructions. Each EOP agency has administrative personnel to assist you with these matters. Please contact them if you have any questions. We are working diligently to complete the painting and construction that is occurring in the OEOB public areas, such as the 17th Street entrance, the Pennsylvania Avenue entrance, and the elevators on the west corridor. We recognize these projects may cause some inconvenience and we appreciate your continued patience. A recently completed project is the opening of the old "Navy Entrance" at the center of the OEOB's west corridor. This entrance provides a convenient passage between the OEOB, West Executive Avenue and the White House and is open from 7:00 a.m. until 5:30 p.m., Monday through Friday. We thank you for your cooperation. With your continued assistance and constant vigilance, our work environment will be more attractive and more productive. NATIONAL SECURITY COUNCIL 0006-P WASHINGTON, D.C. 20506 February 2, 1989 ACTION MEMORANDUM FOR THE CHIEF OF STAFF FROM: BRENT SCOWCROFT Regition SUBJECT: Presidential Appointment for G. Philip Hughes G. Philip Hughes has been selected to be the Executive Secretary of the National Security Council. The President strongly endorsed this selection when we discussed Mr. Hughes as a candidate. Since the Executive Secretary is a statutory NSC position, request that Mr. Hughes' appointment be approved by the President. I am also requesting that he be given mess privileges, although I do not intend for him to hold commissioned officer status. RECOMMENDATION mm Presidential Appointment: Approve Disapprove Mess Privileges: Approve Disapprove per the Governor 2/8/89 AHC give will Ciccon get a copy and implement the decisions. 2/8/89 Dianes As I said on the phone, Andy (on the below note) is Andy Card, the Deputy Chief of Staff. I confirmed with Rose Zamaria's office that this is approval for both the Number of Commissions and the NSC pass allocations (WHS-III, 06A-26). Bill Van Hour THE WHITE HOUSE 0004-A WASHINGTON January 27, 1989 MEMORANDUM FOR JOHN SUNUNU FROM: BRENT SCOWCROFT B SUBJECT: NSC Commissioned Officers and Building Pass Requirements Per your request, below is the list of positions that we anticipate will be headed by Commissioned Officers (Special Assistants to the President). Where we have hired new officers, they are listed in parentheses. 1. Legal Advisor (C. Nicholas Rostow) 2. Legislative Affairs (Virginia A. Lampley) 3. European and Soviet Affairs (Robert D. Blackwill) 4. Near East and South Asian Affairs (Richard N. Haass) 5. Asian Affairs ( Kan Dier Jackson 6. African Affairs (David C. Miller) 7. Latin American Affairs 8. Intelligence Programs (William W. Working) 9. Defense Policy/Arms Control 10. International Economic Affairs 11. Counselor/Planning Also per your request, a staff listing has been attached showing the Building Pass requirements for the NSC. These requirements are based on an individual's need for continuous access to the West and/or East Wings of the White House. Our requirement is for 111 WHS, 26 OGA and the use of approximately 55 EOB passes. The current manning level of the NSC was used for these figures. This manning is now being reviewed with the emphasis toward reducing the overall size of the NSC staff. Attachment Tab A - NSC Building Pass Requirements Rose all are dkay per Gov. Sumanu. Andy Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 04. Memo Brent Scowcroft to John Sununu 1/3/89 (b)(2) Re: Portal-to-Portal Transportation for Robert Gates (1 pp.) Collection: Record Group: Bush Presidential Records Office: Scowcroft, Brent, Collection Series: Administrative Files Subseries: WHORM Cat.: File Location: Administrative, 1989 - 1991 [3] Date Closed: 9/8/2010 OA/ID Number: 85033-003 FOIA/SYS Case #: 2009-0275-S[2] Appeal Case #: Re-review Case #: Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. Gen 2/3/89 Call General Vuono re MAJOR SEAN J. BYRNE (MilAide w/VP Bush; to transfer to Presidential MilAide) MAJOR JAMES C. REYNOLDS (MilAide -- from Reagan Administration) Major Reynolds has expressed a willingness to transition to the Vice Presidential Military Aide role. Would like to remain in that capacity until approximately 1 year from now -- January 1989 Call General Welch re MAJOR BRUCE E. CAUGHMAN (MilAide w/VP Bush; to transfer to Presidential MilAide) MAJOR GARY R. DYLEWSKI (MilAide -- from Reagan Administration) Major Dylewski has expressed a willingness to transition to the Vice Presidential Military Aide role until this summer at which point he would like to return to the F-15 community. THE WHITE HOUSE WASHINGTON January 26, 1989 MEMORANDUM FOR GENERAL BRENT SCOWCROFT FROM: ANTONIO LOPEZ At SUBJECT: Assignments for Military Aides Per our conversation earlier today, I would like to outline the preferences of Major Gary Dylewski and Major Jim Reynolds for your use when discussing their situations with Generals Welch and Vuono. In both cases, we would first like to make it clear to their respective service chiefs that their performance has been superb and that their replacement is in no way an indication of anything less. In fact, a written statement to that effect in their records may be appropriate. Both Majors Dylewski and Reynolds have expressed a willingness to transition to the Vice Presidential Military Aide role. Major Reynolds would prefer to remain in that capacity until approxi- mately one year from now, while Major Dylewski would like to return to the F-15 community this summer. This schedule would be optimum for their individual careers, and would enable us to affect an orderly transition of military aides. Thank you for your assistance. THE WHITE HOUSE WASHINGTON January 26, 1989 MEMORANDUM FOR LGEN BRENT SCOWCROFT FROM ANTONIO LOPEZ of SUBJECT Major James C. Reynolds, USA Major Gary R. Dylewski, USAF Attached are the biographical sketches on Major James C. Reynolds, USA and Major Gary R. Dylewski, USAF per your request. Attachments BIOGRAPHICAL SKETCH NAME: Gary R. Dylewski GRADE/SERVICE/DATE OF RANK: Major, USAF, 1 May 1986 AGE: 36 EDUCATION: (Civilian) Masters: Business Administration and Management - Troy State University (1980) Bachelors: Biology - Kent State University (1974) (Military) Air Command and Staff College (1985) Squadron Officers School (1984) CURRENT DUTY TITLE: Air Force Aide to the President The White House, Washington, DC ASSIGNMENTS: June 1975 - June 1976 - Student, Undergraduate Pilot Training Webb AFB, Texas August 1976 - September 1976 - Student, Fighter Lead-in Training Holloman AFB, New Mexico October 1976 - February 1977 - Student, F-15 Training Luke AFB, Arizona April 1977 - September 1980 - Aircraft Commander, F-15; Wing Dissimilar Air Combat Training Coordinator Bitburg AB, Germany October 1980 - May 1985 - Instructor, F-5 Fighter Weapons School Williams AFB, Arizona June 1985 - June 1988 - Chief, F-15 Manning Section; Chief, Rated Force Management Section, Personnel Langley AFB, Virginia June 1988 - Present - Air Force Aide to The President The White House, Washington, DC BIOGRAPHICAL SKETCH NAME: JAMES C. REYNOLDS GRADE AND DATE OF RANK: 04/MAJOR, 1 AUG 1983 LTC SELECTED, MAY 87 AGE: 41, DOB 3 JAN 48 EDUCATION: CIVILIAN: MASTERS: BUSINESS ADMINISTRATION AND MANAGEMENT WEBSTER UNIVERSITY BACHELORS: BUSINESS ADMINISTRATION WEBSTER UNIVERSITY COMMERCIAL PILOT - SINGLE.. AND MULTI ENGINE, ROTORCRAFT - HELICOPTER, INSTRUMENT HELICOPTER MILITARY: DEFENSE PROGRAM MANAGERS COURSE COMMAND AND GENERAL STAFF COLLEGE TRANSPORTATION OFFICER ADVANCE COURSE AIRCRAFT MAINTENANCE OFFICER COURSE U-8 TRANSITION FIXED WING MULTI-ENG QUAL ROTORYWING QUALIFICATION INFANTRY SCHOOL BASIC AIRBORNE SCHOOL CURRENT DUTY TITLE: ARMY AIDE TO THE PRESIDENT, THE WHITE HOUSE ASSIGNMENTS: NOV 67 - JAN 72 ENLISTED SERVICE TO THE GRADE OF E-6; TOUR IN VIET NAM JAN 72 - APR 73 PLATOON LEADER - 3RD INFANTRY BN, FT MYER, VA MAY 73 - JUL 74 STUDENT, FLIGHT SCHOOL, FT. WOLTER, TX AND FT. RUCKER, AL. AUG 74 - JAN 77 AIRCRAFT MAINTENANCE OFFICER, AVIATION SYSTEMS COMMAND, (AVSCOM) ST. LOUIS, MO. FEB 77 - MAY 77 ASST SECRETARY TO THE GENERAL STAFF, AVSCOM JUN 77 - SEP 78 AIDE DE CAMP - AVIATION RESEARCH AND DEVELOPMENT COMMAND, ST. LOUIS, MO. OCT 78 - JUN 79 STUDENT; TRANSPORTATION OFFICER ADVANCE COURSE; FT. EUSTIS , VA. JUL 79 - JUN 80 AIRCRAFT MAINTENANCE PLATOON LEADER AND EXECUTIVE OFFICER; 347TH TRANS Co. (GS AIRCRAFT MAINT) SCHOFIELD BARRACKS, HI. JUL 80 - DEC 81 COMMANDING OFFICER, 347TH TRANS Co. (GS), 45TH Spt. Grp. SCHOFIELD BARRACKS, HI. JAN 82 - JUN 82 SPECIAL ASST. TO 45TH SUPPORT GROUP XO JUL 82 - JUN 83 STUDENT, COMMAND AND GENERAL STAFF COLLEGE, FT. LEVENWORTH, KS. JAN 84 - NOV 87 ASST. PRODUCT MANAGER, AH-64, PM TRADE, ORLANDO, FL. DEC 87 - PRESENT ARMY AIDE TO THE PRESIDENT OFFICERS RECORD BRIEF ATTACHED Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 05a. Record Re: Officer Record Brief (1 pp.) n.d. (b)(6) Collection: Record Group: Bush Presidential Records Office: Scowcroft, Brent, Collection Series: Administrative Files Subseries: WHORM Cat.: File Location: Administrative, 1989 - 1991 [3] Date Closed: 9/8/2010 OA/ID Number: 85033-003 FOIA/SYS Case #: 2009-0275-S[2] Appeal Case #: Re-review Case #: Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. RESUME OF SERVICE CAREER of SEAN JOSEPH BYRNE, Major DATE AND PLACE OF BIRTH: 8 September, 1952, Roscrea, Ireland PRESENT ASSIGNMENT: Military Aide to the Vice President, Office of the Vice President, The Old Executive Office Building, Washington, DC 20510, since October 1987 MILITARY SCHOOLS ATTENDED: Adjutant General Officer School, Basic and Advanced Courses Command and General Staff College (Selectee) EDUCATIONAL DEGREES: University of Detroit - BS - Personnel Management University of Utah - MBA - Business Administration MAJOR DUTY ASSIGNMENTS: FROM TO ASSIGNMENT Jul 72 Jun 74 Enlisted service, United States Army Europe Jan 77 May 77 Student, Adjutant General Officer Basic Course, Fort Benjamin Harrison, Indiana May 77 Nov 79 Personnel Staff Officer, later Division Personnel Readiness Officer, Office of the Adjutant General, 82d Airborne Division, Fort Bragg, North Carolina Nov 79 Feb 81 Officer Assignment Manager/Assistant G-1, Office of the G-1 (Personnel), 82d Airborne Division, Fort Bragg, North Carolina Mar 81 Aug 81 Student, Adjutant General Officer Advance Course, Fort Benjamin Harrison, Indiana Aug 81 Sep 82 Commander, Regional Personnel Center, Fulda, 22d Personnel and Administration Battalion, V Corps, United States Army Europe Sep 82 Aug 83 Battalion S-3 (Operations), 22d Personnel and Administration Battalion, V Corps, United States Army Europe Aug 83 Aug 84 Battalion Executive Officer, 22d Personnel and Administration Battalion, V Corps, United States Army Europe SEAN JOSEPH BYRNE, Major, U.S. Army MAJOR DUTY ASSIGNMENTS: Aug 84 May 85 Personnel Management Officer, Officer Personnel Management Directorate, United States Army Personnel Center, Alexandria, Virginia May 85 Jun 86 Adjutant General Corps Captain's Assignment Officer, Officer Personnel Management Directorate, United States Army Personnel Center, Alexandria, Virginia Jun 86 Jun 87 Personnel Staff Officer, General Officer Management Office, Office of the Deputy Chief of Staff for Personnel, United States Army, Washington, DC Jun 87 Oct 87 Executive Officer, General Officer Management Office, Office of the Chief of Staff, United States Army, Washington, DC US DECORATIONS AND BADGES: Defense Meritorious Service Medal Meritorious Service Medal (with 3 Oak Leaf Clusters) Army Commendation Medal (with 2 Oak Leaf Clusters) Army Achievement Medal (with 3 Oak Leaf Clusters) Army Good Conduct Medal Master Parachutist Badge Vice Presidential Service Badge Army General Staff Identification Badge SOURCE OF COMMISSION: ROTC as of 1 January 1989 -2- BRUCE E. CAUGHMAN MILITARY AIDE TO THE VICE PRESIDENT THE WHITE HOUSE (202) 395-4223 Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 05b. Resume Re: Military Resume (4 pp.) 1/4/89 (b)(6) Collection: Record Group: Bush Presidential Records Office: Scowcroft, Brent, Collection Series: Administrative Files Subseries: WHORM Cat.: File Location: Administrative, 1989 - 1991 [3] Date Closed: 9/8/2010 OA/ID Number: 85033-003 FOIA/SYS Case #: 2009-0275-S[2] Appeal Case #: Re-review Case #: Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. THE WHITE HOUSE WASHINGTON January 23, 1989 MEMORANDUM FOR ASSISTANTS TO THE PRESIDENT SUSAN PORTER ROSE WC FROM: JAMES W. CICCONI SUBJECT: Presidential Commissions In order that we might expedite the production of Presidential commissions for those persons in your office holding such rank, please provide me with the following information as soon as possible: 1. Name of the appointee as it should appear on the commission; 2. The home state of the appointee (the custom is to use state of voting residence, though this is not essential) ; 3. The full title of the appointee as approved. Once the above information is received, commissions will be prepared and forwarded to the President for his signature. A press announcement of the appointment will be made the same day. Please call if you have any questions. 1. Brent Scowcroft 2. Maryland 3. Assistant to the President for National Security Affairs 1. Robert M. Gates 2. Virginia 3. Deputy Assistant to the President for National Security Affairs