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President - Presidential Seal (1)
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The original documents are located in Box 51, folder "President - Presidential Seal (1)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 51 of the Philip Buchen Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON 9/11/74 Eva Copy for your files. Brenda Qua fill 07/170 LIBRARY THE WHITE HOUSE WASHINGTON September 11, 1974 MEMORANDUM FOR C. Carson Conrad Executive Director, President's Council on Physical Fitness and Sports In accordance with your request of August 14, 1974, approval is hereby given to use President Ford's signature on the Presidential Physical Fitness Award and Presidential Sports Award certificates. Consistent with the provisions of Executive Order 11649 (February 16, 1972), the continued use of a likeness of the Seal of the President on these same awards is hereby authorized. Attached are the signature samples that you requested. Philip W. Buchen Counsel to the President Enclosure THE WHITE HOUSE WASHINGTON Date 9/11/74 TO: Barry Roth FROM: DUDLEY CHAPMAN I have as problems with This request. since it is a idressed to Bill be for his signature. for ? guen The rapes should also the request Note copies 7 The W. THE PRESIDENT'S COUNCIL ON PHYSICAL FITNESS Forwarded per instructions from Mary Rawlins. V.J. FORD : CERVID LIBRARY August 14, 1974 MEMORANDUM FOR William E. Casselman II Legal Counsel to the President From: Executive Director, PCPFS Authorization is requested for the use of President Ford's signature on the Presidential Physical Fitness Award and Presidential Sports Award certificates (samples attached). In addition to written authority to use the President's signature, we will need five or six cooies of his signature to provide to our printers. If possible, we would like signatures which have been executed on plain white paper with a black felt tip pen. More than eight million bovs and girls, ages 10-17, par- ticipate in the national physical fitness testing program each school year, and some 400,000 of them qualify for the Presidential Physical Fitness Award, which is the highest of three awards given in this program. This program was started in 1965. The Presidential Sports Award program is a relatively new program for men and women 18 years of age and over. There were nearly 32,000 award winners during the first year of the program. Since each day brings new orders for Presi- dential Award materials, we would like to have new certifi- cates available at the earliest possible time. c. Carson Conrad Attachments VLN:kab:CCC:deg CC: White House/Casselman Nicholson Marty/PPFA FORD Chron Pres. PF Awd. GERALD LIBRARY presidential physical fitness award presented to in RECOGNITION of outstanding physical achievement and exceptional dedication to the ideal of a sound mind in a STRONG Body. LIDRARY GERALD FORD = my congratulations to you on this accomplishment. Richal Nixon PRESIDENT OF THE UNITED STATES Presidential Sports Award presented to who has, through regular participation in sport, made a LIBRAGA GERALD FORD ? commitment to the active life. My congratulations to you on your dedication and determination. Richard Nifon President of the United States THE WHITE HOUSE WASHINGTON September 20, 1974 Dear Mr. Rood: The President has asked me to thank you for your kind letter of August 12 and your generous expression of confidence. You have asked about the possibility of producing a china plate with a picture of the President and his Seal. By custom and tradition Presidents do not endorse commercial ventures, and he is accordingly unable to approve your proposal. Furthermore, the use of the Presidential Seal is limited by Federal law and an Executive Order, and the use of the Seal that you describe would appear to contravene the prohibition in that Executive Order. Thank you again for your warm letter. Sincerely, They W.Buchen Buchen Counsel to the President Mr. E. A. Rood E. A. Rood & Company Grand Rapids, Michigan 49502 SHD P.S. Best regards to toyou Ed. Ed. LIDHAR E. A.ROOD A. & COMPANY There plass Cliner GRAND RAPIDS, MICHIGAN 49502 Pupare C. responds August 12, 1974 Gerald R. Ford, President The White House washington, D.C. Dear Mr. President Cornelia, Katie and I appreciate the sincerity and humility expressed with dignity in your inaugural address last Friday, August 9th. We can only imagine the extent of the job you have undertaken, but also are confident you will know where and how to find the help you need. Here at the store we should like if we may, to commemorate the occasion by developing a china plate bearing your partrait in the center and Presidential insignia and date on the rim. The back side would earry the name of our store and number of plates in the edition. We would sell them at retail with normal mark-up over our cost. It seems appropriate that such a plate originate NOTE_ in your own home town and that E. A. ROOD & co. should make it avalable for the whole of the United States on an exclusive basis the The portrait could be reproduced fromh most recent oneyou had taken by David Laclaire, or any other you may wish your office to provide as an official portrait. If you recall our store and our reputation you can rely on its being done in good taste, and we shall gladly submit a TORO work-up model for your approval if wish. Last fall we expanded at our downtown location on Fulton Street immediately adjacent to the 1972 Republican Campaign Headquarters and your own FordCampaign Headquarters. Hery respectfully yours and with kindest regards, EdRood ROOD & COMPANY September 27, 1974 Presedent seal Dear Mr. Weinberg: Thank you very much for your letter of August fifteenth. I'm very sorry that the press of business has delayed a prompt reply to your inquiry. I appreciate your concern about the regulations covering use of the Presidential Seal. Your suggested Executive Order will be reviewed and given every consideration. Most sincerely yours, Philip W. Buchen Counsel to the President Mr. Mark D. Weinberg 23899 Shelburne Road Shaker Heights, Ohio 44122 LIBRARY GERALD R. FORD 23899 Shelburne Road Shaker Heights, Ohio 44122 August 15th, 1974 Honorable Philip W. Buchen Counsel to the President The White House Washington, D.C. 20500 Dear Mr. Buchen: Congratulations on your appointment this week as the Counsel to the President of the United States. As you know, the White House Counsel is a most important man on the President's staff, and I am pleased that a man of your experience and excellent reputation is in that position. The job that you now have will probably be the most challenging of your career and I hope that you find it rewarding and exciting. As Counsel to the President, one of your responsibilities is to oversee the issuance of Executive Orders. I believe that one of the first Executive Orders that President Ford should issue is one to amend Executive Order #11649. Executive Order # 11649 was issued by President Richard Nixon on February 16, 1972. It is entitled REGULATIONS GOVERN- ING THE SEALS OF THE PRESIDENT AND THE VICE PRESIDENT OF THE UNITED STATES. What it does is prohibit the use of the Pres- idential and/or Vice Presidential Seals for anything other than official events and historical or newsworthy purposes. In addition, the Executive Order prohibits the sale of the Seals in any form. I share the concern which prompted Executive Order # 11649, however, it goes too far in one respect. That is that it prevents the Bureau of Engraving and Printing from selling color lithographs of the Presidential and Vice Presidential R. FORD GERALD LIBRARY -2- Honorable Philip W. Buchen Seals (on paper) to the general public. As you may know, prior to the issuance of Executive Order # 11649, the Bureau printed in beautiful colors the Seals on white paper and sold them to the general public. Now, because of Executive Order # 11649, that is not possible. It is my belief that the Bureau should be permitted to sell to the public color lithographs of the Presidential and Vice Presidential Seals. The Presidency and the Vice Presidency are public offices. In Britain, where there is a monarchy, the Royal Emblems are closely guarded, and understandably SO. But in the United States, we do not have a monarchy, and while the Presidential and Vice Presidential Seals should not be given as door prizes at a raffle, the American people whould be permitted to buy a color lithograph of the Seals for their homes if they so desire. Naturally, there is the concern of someone abusing the Seal of the President and Vice President. One should remember, however, that the Seals were sold in the past, without any problems, and it is ridiculous to think that someone would try to impersonate the President of the United States - surely they would need more than a paper Seal to do it! Accordingly, I have drawn up a proposed Executive Order which amends Executive Order # 11649 to allow the Bureau of Engraving and Printing to print and sell color lithographs of the Seal of the President and the Seal of the Vice Pres- ident of the United States. The other restrictions that President Nixon had in the original Executive Order remain. All this proposal does is to give the American people a chance to buy the Seals from the Bureau. Your staff should read the proposal to correct any improper language in the legal terms. In addition, Mr. Timmons and the Congressional relations people should work with the Cong- ress to amend Public Law 91-651, which is similar to Executive Order # 11649. -3- Honorable Philip W. Buchen I am enclosing a copy of the original Executive Order # 11649 as issued by President Nixon, a copy of my proposed Executive Order, and a copy of Public Law 91-651. Obviously, this is not one of our Nation's more urgent needs. Yet if President Ford were to accept this suggestion it would be a small but very important step in making the Presidency a little more open - a little less royal - and a little more human. I shall look forward to your reply. Sincerely, Mark Mark D. Weinberg D. MDW/ct Enclosures k. 323) PROPOSED EXECUTIVE ORDER TO AMEND EXECUTIVE ORDER # 11649, GOVERNING THE SEALS OF THE PRESIDENT AND THE VICE PRESIDENT OF THE UNITED STATES, ISSUED BY PRESIDENT RICHARD NIXON FEBRUARY 16, 1972. THE WHITE HOUSE EXECUTIVE ORDER # AMENDMENTS TO EXECUTIVE ORDER # 11649, REGULATIONS GOVERNING THE SEALS OF THE PRESIDENT AND THE VICE PRESIDENT OF THE UNITED STATES By virtue of the authority vested in me by section 713 (b) of title 18, United States Code, I hereby amend Executive Order # 11649 ("REGULATIONS GOVERNING THE SEALS OF THE PRESIDENT AND THE VICE PRESIDENT OF THE UNITED STATES") as follows: In SECTION I: After: (f) Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content; Insert the following: (g) Sale to the public by the Bureau of Engraving and Printing of the United States in the same manner as was permitted prior to the issuance of Executive Order # 11649. FORD -2- Where it is written: (g) Such other uses for exception- al historical, educational, or newsworthy purposes as may be authorized in writing by the Counsel to the President. Change: " " (g) " to "(h)". SECTION 2. Unchanged GERALD R. FORD THE WHITE HOUSE SERVICE FORD Public Law 91-651 91st Congress, H. R. 14645 January 5, 1971 An Zit To amend title 18 of the United States Code to probibit certain uses of like- nesses of the great seal of the United States, and of the seals of the President and Vice President, and 10 authorize Secret Service protection of visiting beads of foreign states or governments, and for other purposes. Be it enacted by the the Scriate and House of Representatires of the United States of America in Congress assembled, That section 713 Scals of the of title 18, United States Code, is amended to read AS follows: U.S., the President and "§ 713. Use of likenesses of the great seal of the United States, Vice President. and of the seals of the President and Vice President Certain uses, (a) Whoever knowingly displays any printed or other likeness prohibition. of the great seal of the United States, or of the seals of the Presi- 80 Stet. 1525. dent or the Vice President of the United States, or any facsimile 84 STAT. 1940 thereof, in, or in connection with, any advertisement, poster, circular, 84 STAT. 1941 book, pamplilet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined not more than $250 or Penalty. imprisoned not more than six months, or both. (b) Whoever, except as authorized under regulations promulgated Publication in by the President and published in the Federal Register, knowingly Federal manufactures, reproduces, sells, or purchases for resale, either sepa- Register. rately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined not more than Penalty. $250 or prisoned not more than six months, or both. (c) A violation of subsection (a) or (b) of this section may be Enjoinment enjoined at the suit of the Attorney General upon complaint by any privilege. authorized representative of any department or agency of the United States." SEC. 2. The analysis of chapter 33 of title 18, United States Code, immediately preceding section 701 of such title, is amended by striking: "T13. Use of likenesses of the great seal of the United States." and substituting therefor: "713. Use of Mkenesses of the great seal of the United States, and of the seals of the President and Vice President." SEC. 3. The amendments made by this Act shall not make unlawful any preexisting use of the design of the great seal of the United States or of the scals of the President or Vice President of the United States that was Inwful on the date of enactment of this Act, until one year after the date of such enactment. GERALD 758D FOR IMMEDIATE RELEASE FEBRUART 15, 1972 Office of the White House Press Secretary THE WHITE HCUSE EXECUTIVE ORDER -11649 - REGULATIONS GOVERNING THE SEALS OF THE PRESIDENT AND THE VICE PRESIDENT OF THE UNITED STATES By virtue of the authority vested in me by section 713 (b) of title 18, United States Code, I hereby prescribe the following regulations governing the use of the Seals of the President and the Vice President of the United States: SECTION 1. Except as otherwise provided by law, the knowing manufacture, reproduction, sale, or purchase for resale of the Seals or Coats of Arms of the President or the Vice President of the United States, or any likeness or substantial part thereof, shall be permitted only for the following uses: (a) Use by the President or Vice President of the United States; (b) Use in encyclopedias, dictionaries, books, journals, pamphlets, periodicals, or magazines incident to a description or history of seals, coats of arms, heraldry, or the Presidency or Vice Presidency. Such use shall be limited exclusively to the text, and any use of the Presidential or Vice Presidential Seal or Coat of Arms or any likeness or substantial part thereof on the cover of the above items is prohibited; (c) Use in libraries, museums, or educational facilities incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or the Presidency or Vice Presidency; R. SERVICE FORD 10/2/74 To: Barry Roth From: Jay French Mr. Buchen would like you to do a memo for him arriving at a conclusion. LIBRARY SCHALD = FORD THE WHITE HOUSE WASHINGTON September 10, 1974 MEMORANDUM FOR: PHIL BUCHEN FROM: JERRY MS SUBJECT: Stationery for former President Nixon General Haig has had an indirect inquiry about a suitable emblem for use by President Nixon on his stationery. President Johnson, after he left office, apparently was permitted the use of the coat of arms portion of the Great Seal as a letterhead. Since that time, however, legislation has been passed which seems to preclude the use of any portion of the Great Seal for that purpose (PL 91-651, January 5, 1971). Restrictions on the Presidential and Vice Presidential seals are also stringent, but Executive Order 11649, February 16, 1972, allows the likeness or substantial part thereof of the Presidential seal or coat of arms for, among other uses, "(g) such other uses for exceptional, historical, educational or newsworthy purposes as may be authorized in writing by the Counsel to the President. " President Nixon does not, himself, wish to request any favor of this nature. However, we have learned that he would probably be very grateful if he were authorized to use the coat of arms portion of the Presidential Seal for his stationery. Could you please consider this request and let General Haig or me know your decision. Thank you. cc: Al Haig THE WHITE HOUSE WASHINGTON 9/12/74 checked with in touch Cal. Jonlwan Casselman; did get FORD : 1 LIDERSE Wednesday 9/11/74 De 2:40 Bob Marik said one of his people is in San Clemente with the President's knowledge trying to help expedite the transition, etc., re performing services for President Nixon. One item that is holding up things is an emblem on the stationery. Advised that Col. Joulwan had sent us a memo and that you had indicated you would be talking with Casselman about it --- so Marik was going to check with Casselman, STATES 2164 9/10/74 To: Col. Joulwan From: Eva As requested, I am attaching the memo re a suitable emblem for use by President Nixon on his stationery. As noted, it was Mr. Buchen's intention to discuss this with Bill Casselman but he had not yet had the time. Thanks for your help. R. GENALE FORD THE WHITE HOUSE WASHINGTON September 5, 1974 MEMORANDUM FOR: PHIL BUCHEN FROM: GEORGE JOULWAN of General Haig has asked that this be brought to your attention and would like to discuss it with you at your convenience. Thank you. Attachment Sea Bill Casselman about thes FORD in LIBRARY MEMORANDUM THE WHITE HOUSE WASHINGTON August 28, 1974 MEMORANDUM FOR: AL HAIG FROM: BRENT SCOWCROFT Steve Bull has called to inquire about a suitable emblem for use by President Nixon on his stationery. President Johnson, after he left office, apparently was permitted the use of the coat of arms portion of the Great Seal. as a letter- head. Since that time, however, legislation has been passed which seems to preclude the use of any portion of the Great Seal for that purpose (PL 91-651, January 5, 1971). Restrictions on the Presidential and Vice Presidential seals are also stringent, but Executive Order 11649, February 16, 1972, allows the likeness or substantial part thereof of the Presidential seal or coat of arms for, among other uses, "(g) such other uses for exceptional historical, educational or newsworthy purposes as may be authorized in writing by the Counsel to the President." President Nixon does not, himself, wish to request any favor of this nature. I feel certain, however, that he would be very grateful were Phil Buchen to authorize him the use of the coat of arms portion of the Presidential Seal for his stationery. EO 11649 Title 3A--The President, Appendix 2. Section 2(b) is amended by striking the word "and" at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting "; and" in lieu thereof, and by adding at the end of that section a new paragraph (5) as follows: "(5) Are not employees as defined in section 2105 of title 5 of the United States Code on the closing date for receipt of applications." 3. Section 3 is amended to read: "SEC. 3. White House Fellows. White House Fellows will be appointed to serve for 12 months on the White House staff, in the Executive Office of the President, in the Office of the Vice President, or in the offices of members of the Cabinet, as they may be assigned, beginning on September 1 of the year in which they are selected." 4. Section 4 is amended to read: "SEC. 4. Executive Agencies. (a) Each executive agency as defined in section 105 of title 5 of the United States Code shall extend fullest cooperation to the White House Fellows Program and attempt to maximize the Program's benefits to the individual Fellow, the Depart- ment or Agency, and the Federal Government. "(b) The United States Civil Service Commission shall provide the Commission with administrative services, staff support, and travel expenses as authorized by law." Richard Nifor THE WHITE HOUSE, February 16, 1972. EXECUTIVE ORDER 11649 Regulations Governing the Seals of the President and the Vice President of the United States By virtue of the authority vested in me by section 713(b) of title 18, United States Code, I hereby prescribe the following regulations gov- erning the use of the Seals of the President and the Vice President of the United States: 150 Chapter II--Executive Orders EO 11649 SECTION 1. Except as otherwise provided by law, the knowing manu- facture, reproduction, sale, or purchase for resale of the Seals or Coats of Arms of the President or the Vice President of the United States, or any likeness or substantial part thereof, shall be permitted only for the following uses: (a) Use by the President or Vice President of the United States; (b) Use in encyclopedias, dictionaries, books, journals, pamphlets, periodicals, or magazines incident to a description or history of seals, coats of arms, heraldry, or the Presidency or Vice Presidency. Such use shall be limited exclusively to the text, and any use of the Presidential or Vice Presidential Seal or Coat of Arms or any likeness or substantial part thereof on the cover of the above items is prohibited; (c) Use in libraries, museums, or educational facilities incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or the Presidency or Vice Presidency; (d) Use as an architectural embellishment in libraries, museums, or archives established to house the papers or effects of former Presidents or Vice Presidents; (e) Use on a monument to a former President or Vice President; (f) Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content; (g) Such other uses for exceptional historical, educational, or news- worthy purposes as may be authorized in writing by the Counsel to the President. SEC. 2. The manufacture, reproduction, sale, or purchase for resale, either separately or appended to any article manufactured or sold, of the Seals of the President or Vice President, or any likeness or substantial part thereof, except as provided in this Order or as otherwise provided by law, is prohibited. Richard THE WHITE HOUSE, February 16, 1972. VERNED 151 [84 STAT. 84 STAT.] PUBLIC LAW 91-651-JAN. 5, 1971 1941 priations for "§ 713. Use of likenesses of the great seal of the United States, year ending and of the seals of the President and Vice President 30, 1932 (40 "(a) Whoever knowingly displays any printed or other likeness shall not of the great scal of the United States, of the cals of the Presi- the District dent or the Vice President of the United States, or any facsimile thereof are thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion Act, picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably Act, 1959 calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, of section 7 or instrumentality thereof, shall be fined not more than $250 or Penalty. Act (D.C. imprisoned not more than six months, or both. and insert- (b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either sepa- rately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof to thereof, except for manufacture or sale of the article for the official use der of this of the Government of the United States, shall be fined not more than Penalty. or circum- $250 or imprisoned not more than six months, or both. "(c) A violation of subsection (a) or (b) of this section may be Enjoinment. by this Act, enjoined at the suit of the Attorney General upon complaint by any he Commis- authorized representative of any department or agency of the United sted in the States." Numbered 3 SEC. 2. The analysis of chapter 33 of title 18, United States Code, Act in the immediately preceding section 701 of such title, is amended by striking: or agency "713. Use of likenesses of the great seal of the United States." Columbia ncil, the and substituting therefor: as lan. "713. Use of likenesses of the great seal of the United States, and of the seals y provision of the President and Vice President." act done or SEC. 3. The amendments made by this Act shall not make unlawful ended law, any preexisting use of the design of the great seal of the United States ause before or of the seals of the President or Vice President of the United States lities under that was lawful on the date of enactment of this Act, until one year enforced in after the date of such enactment. or amend- SEC. 4. Section 3056 of title 18, United States Code, is amended- Foreign heads red under (1) by adding the following clause after the second clause of state, U.S. representatives uch offense thereof: "protect the person of a visiting head of a foreign state abroad; Secret be enforced or foreign government and, at the direction of the President, other Service protec- tion. ct had not distinguished foreign visitors to the United States and official rep- 65 State 122; resentatives of the United States performing special missions 79 State 890; abroad: and 82 Stat. 1198. (2) by striking the words "Chief, Deputy Chief, Assistant Chief" and inserting in lieu thereof "Director, Deputy Director, Assistant Directors, Assistants to the Director". SEC. 5. Section 3056 of title 18, United States Code, as amended by section 4 of this Act, shall be subject to Reorganization Plan Numbered 26 of 1950 (64 Stat. 1280). uses of like- the President Approved January 5, 1971. of visiting tives of the section 713 ollows: FORD GERALD LIBRARY 1940 PUBLIC LAW 91-651-JAN. 5, 1971 [84 STAT. 84 STAT. by section 322 of the Act entitled "An Act making appropriations for "§ 713. Use 0 the Legislative Branch of the Government for the fiscal year ending and June 30, 1933, and for other purposes", approved June 30, 1932 (40 "(a) Whoe 47 Stat. 412, U.S.C. 278a), except that the provisions of this subsection shall not 1517. of the great S apply to leases made prior to the date of the enactment of the District dent or the 1 of Columbia Revenue Act of 1970 except when renewals thereof are thereof, in, or made after such date. book, pamphl Repeals. (c) (1) Section 6 of the District of Columbia Appropriation Act, picture, teleca 58 Stat. 532. 1945 (D.C. Code, sec. 1-243) is repealed. or stationery, (2) Section 12 of the District of Columbia Appropriation Act, 1959 calculated to 72 Stat. 511. (D.C. Code, sec. 1-243a) is repealed. by the Govern Alcoholic bev- SEC. 706. The second sentence in the second paragraph of section 7 or instrument erages, licenses. of the District of Columbia Alcoholic Beverage Control Act (D.C. imprisoned no Ante, P. 853. Code, sec. 25-107) is amended by striking out "any election" and insert- (b) Whoe ing in lieu thereof "the presidential election". by the Presid manufactures, TITLE VIII-GENERAL PROVISIONS rately or appe of the seals of Separability. SEC. 801. If any provision of this Act, or the application thereof to thereof, except any person or circumstances, is held invalid, the remainder of this of the Govern Act, and the application of such provision to other persons or circum- $250 or impris stances shall not be affected thereby. "(c) A viol SEC. 802. Nothing in this Act, or any amendments made by this Act, enjoined at th shall be construed SO as to affect the authority vested in the Commis- authorized reI sioner of the District of Columbia or the authority vested in the States." District of Columbia Council by Reorganization Plan Numbered 3 SEC. 2. The 81 Stat. 948. of 1967. The performance of any function vested by this Act in the immediately P 5 USC app. Commissioner of the District of Columbia or in any office or agency "713. Use of like under his jurisdiction and control, or in the District of Columbia and substituti Council, may be delegated by the Commissioner or Council, as the case may be, in accordance with the provisions of such plan. "713 Use of like SEC. 803. (a) The repeal or amendment by this Act of any provision of the P1 of law shall not affect any other provision of law, any act done or SEC. 3. The any right accrued or accruing under such repealed or amended law, any preexistin or any suit or proceeding had or commenced in any civil cause before or of the seals repeal or amendment of such law; but all rights and liabilities under that was lawf such repealed or amended laws shall continue, and may be enforced in after the date the same manner and to the same extent, as if such repeal or amend- SEC. 4. Sect ment had not been made. (b) In the case of any offense committed or penalty incurred under (1) by thereof: any provision of law repealed or amended by this Act such offense may be prosecuted and punished and such penalty may be enforced or foreign in the same manner and with the same effect as if this Act had not distinguis resentative been enacted. abroad;": Approved January 5, 1971. (2) by Chief" an Assistant SEC. 5. Sect Public Law 91-651 section 4 of thi January 5, 1971 AN ACT 26 of 1950 (61 [H. R. 14645] To amend title 18 of the United States Code to prohibit certain uses of like- Approved J: nesses of the great seal of the United States, and of the seals of the President and Vice President, and to authorize Secret Service protection of visiting heads of foreign states or governments, and for other purposes. Be it enacted by the the Senate and House of Representatives of the Seals of the United States of America in Congress assembled, That section 713 U.S., the Presi- dent and Vice of title 18, United States Code, is amended to read as follows: President. Certain uses, prohibition. 80 Stat. 1525. Presidential Seal October 7, 1974 Dear Ms. Segal: We appreciate very much your gracious letter thanking us for sending the pictures of the Presidential Seal and the Presidential Fiag. We will certainly thank Jane Thomas as you requested. In filing the material this meraing, 1 came across your sheck which inadvertently was omitted from our letter of September twenty-fourth. I am returning your check with this letter and beg your forgiveness for not returning it to you sconer. Sincerely years, Eva A. Daughtrey Secretary to Philip W. Buchen Ms. Rema V. Segal Editorial Assistant Burke's Feerage Limited 56 Walton Street Leadon SW3, England Enclosure LIBRAST GERALD R. 0404F ARNOR ARA TOTIVS REX HIBE TASTA Burke's Peerage Limited PUBLISHERS 56 Walton Street London SW3 1RB Telephone 01-584 8134 and 1106 Registered No. 210290 England Registered Office: 42 Curzon Street London W1 Philip W. Buchen Counsel to the President The White House 27 September, 1974 Dear Sir, Thank you very much for the excellent pictures of the Presidential Seal and the Presidential Flag. We greatly appreciate your permission to reproduce them in the text of our forthcoming book. Thanks also to Miss Jane Thomas for her cooperation and assistance. We remain, Sir, Yours faithfully, Rona V.segal Rona V. Segal Editorial Assistant Chairman & Managing Director Jeremy Norman Editorial Director Hugh Montgomery-Massingberd Directors John Brooke-Little MVO (Richmond Herald of Arms) Peter Cook The Earl of Lichfield Dr Remington Norman Hugo Vickers FORD a GERALD LIBRARY September 24, 1974 Dear Ms. Segal: Thank you for your letter of September thirteenth, requesting color prints of the Presidential Seal and Flag for use in the book Presidential Families of the United States of America, which your firm is about to publish. Use of the Presidential Seal is limited by Executive Order of the President. Reproduction Is permitted only in the text books incident to a history of the Presidency, and any use, in whole or part, on the cover is prohibited. The Presidential Flag, since it has the Presidential Seal on it, is subject to the same restricted use. I am returning your check which was not necessary. Most sincerely yours, Philip W. Buchen Counsel to the President Ms. Rona V. Segal LISTARY GERALD B. FORD Editorial Assistant Burke's Peerage Limited 56 Walton Street London SW3, England THE Burke's Peerage Limited PUBLISHERS 56 Walton Street London SW3 1RB Telephone 01-584 8134 and 1106 Registered No. 210290 England Registered Office: 42 Curzon Street London W1 Philip W. Buchen Counsel to the President The White House 13 September, 1974 Sir, Re: Burke's Presidential Families of the United States of America Further to my assistant's telephone conversation of yesterday with your Miss Jane Thomas, I am writing to make formal requests for Color Prints of the Presidential Seal and the Presidential Flag; and for the appropriate permission to reproduce these in color in the above Publication. We are a firm of publishers (first established in 1826) specializing in the compilation and publication of scholarly works of genealogical reference, and our new book on the Presidential Families of the United States of America is due to appear in early 1975. This book, which traces the ancestry and the descendants of all the Presidents, is the first of its kind and we hope it will become a standard work on the subject. In addition to the genealogy there are features such as an introductory essay on the Presidency; biographies of the Presidents; and various Appendices of interest including a section devoted to the Presidential Insignia. It is in this latter connection that we need to have color prints of the Presidential Seal and the Presidential Flag which are suitable for reproduction in the book (page size 10" X 6 3/4"). We are about to go to press and we should be extremely grateful if you would be so kind as to give attention to this matter at your earliest convenience. Thank you very much for your cooperation. We remain, Sir, Rona V.Segal Yours faithfully, Rona V. Segal, Editorial Assistant p.p. Hugh Montgomery-Massingberd, Editorial Director Dictated by Mr Massingberd and signed in his absence due to health. GERALD FORD LIBRARY Chairman & Managing Director Jeremy Norman Editorial Director Hugh Montgomery-Massingberd irectors John Brooke-Little MVO (Richmond Herald of Arms) Peter Cook The Earl of Lichfield Dr Remington Norman Hugo Vickers 1-257 RCLAYS BANK International Money Order 260 00112422 Issued by BROMPTON ROAD 20-1441 Date PAY THE LORDER OF THE UNITED STATES TREASURY - US $125 100 Amount ONE DOLLAR twenty five cents NOT EXCEEDING TWO HUNDRED AND NEGOTIABLE THROUGHOUT THE WORLD AT THE CURRENT BUYING RATE FOR BANKERS' CHEQUES ON NEW YORK. FIFTY UNITED STATES DOLLARS To: for Barclays Bank International Limited 120 Broadway, New York 10005, U.S.A. Barclays Bank International Limited Senior General Manager, ⑈001124226⑈ ⑆0260⑉0257⑆ 050⑉05000⑉1⑈ TOTAL ARNOR K TUBE Burke's Peerage Limited With Compliments Please find enclosed $1.25 as payment for the color copy of the Presidential Seal. We shall await further information before forwarding payment for a color copy of the Presidential Flag. 56 Walton Street London SW3 1RB 01-584 8134 and 1106 R. GERAL FORD Prey President Seals October 10, 1974 Dear Congressman Shriver: Thank you very much for your letter of September twenty-fifth, requesting colored or black and white prints of the Presidential and Vice Presidential seals. Use of these seals is regulated by an Executive Order of the President dated February 16, 1972; a copy 1s enclosed for your review. Since the regulations, contained in the Executive Order, limit use of the Presidential and Vice Presidential seals, it would be very helpful to this office 1f the use for which these pictures are intended could be briefly set forth in a memorandum. Under the regulations, Counsel to the President may authorize use for certain historical, education or newsworthy purposes. I do sincerely hope that I can be of assistance to you in this matter. Most sincerely yours, Philip W. Buchen Counsel to the President The Honorable Garner E. Shriver House of Representatives Washington, D. C. 20515 Enclosure PWB:em LIBRARY GERALD B. FORD GARNER E. SHRIVER MEMBER: 4TH DISTRICT, KANSAS COMMITTEE ON APPROPRIATIONS ROOM 2209 SUBCOMMITTEES: RAYBURN HOUSE OFFICE BUILDING Congress of the United States LABOR-HEALTH, EDUCATION, AND WELFARE FOREIGN OPERATIONS LESTER ROSEN ADMINISTRATIVE ASSISTANT house of Representatives Clashington, D.C. 20515 September 25, 1974 Mr. Philip Buchen Counsel to the President The White House Washington, D. C. Dear Mr. Buchen: I would like to obtain a colored or black and white print of the Presidential and Vice Presidential seals. It is my understanding that a letter is re- quired to obtain these prints from the Bureau of Engraving and Printing. I would greatly appreciate your assistance in this matter. Sincerely, Gamer E. Shrina GARNER E. SHRIVER Member of Congress GES:jf 2 called 9/28 ashed for litter R. GERATO FORM play Providential October 24, 1974 seal MEMORANDUM FOR: PHIL BUCHEN FROM: KEN LAZARUS SUBJECT: Offer of a Gift Attached is a reply for your signature declining an effer to provide the President with pipes embossed with the Presidential seal for use as gifts by the President. As a matter of policy, I strongly recommend that we avoid any actions that appear to suggest Presidential endorsement of a particular commercial preduct or that involved the acceptance of items from private industry. For your information, such gifts are sormally paid for by the Republican National Committee. The only exception to that policy that I have been able to determine is with respect to cigarettes, beer and seft drinks served on the Presidential planes, yacht, etc. These are accepted by DOD on the basic of long-standing precedent. While the cigarettes are considered to be manufacturers' samples, they carry the Presidential seal and other indicia of the White House. ee: Phil Areeda Bill Casselman SERALD R. FORD October 24, 1974 Dear Mr. Reseaker: Thank you very much for your recent letter to Warren Rustand is which you offer to provide pipes masufactured by Venturi, Inc. for use by the President as gifts. While your offer is most appreciated, it has been the policy of the President not to accept such items, even when the purpose is for gifts to other persons. 1 trust that you can understand the basis for this policy and our reasons for declining this generous effer. Sincerely, 151 Philip W. Buchen Counsel to the President Mr. Mark Reseaker Daniel 3. Edelman, Inc. 1730 Pennsylvania Avenue, N, W. Washington, D. c. 20006 KAL:dm R. GERALD FROM LIBRARY DANIEL J. EDELMAN, INC. Public Relations 1730 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D. C. 20006 AREA CODE 202 - 785-9400 September 3, 1974 Mr. Warren Rustand The White House Washington, D.C. Dear Warren: As we discussed earlier, I have attached the information you requested concerning our firm and our client, Venturi Pipes. For your background information, the pipe Venturi is donating is the only totally American-made pipe in existence, with the exception of those manufactured of corn cobs. All briar pipes must be imported into the U.S. in either a finished stage or in a raw material stage. The "Pipe" by Venturi is a product of American space age technology built out of pyrolytic graphite and phenolic, a thermal setting plastic. Venturi has offered to provide custom-made pipes which would include the President's signature and the presidential seal packaged in a specially designed box. If you also would like a signature stating "Compliments of Gerald R. Ford," this could be arranged as well. The pipes could be presented as a novel personal gift to official visitors, friends, and foreign dignitaries, as well as serving as a symbol of peace to foreign heads of state. As President Ford is the nation's number one pipe smoker, Venturi would like to offer its services to him. Sincerely, last Mark Rosenker FORD Account Executive MR:vg Enclosures Presidential Seals Oct. 24, 1974 To: Skip From: Eva Attached is the letter from Hamond, Inc., and the two copies of the Atlas of the Presidents, which Hugh Johnson called about. LIBRARY GERALD R. FORD HAROND INCORPORATED MAPLEWOOD, NEW JERSEY 07040 TELEPHONE (201) 763-6000 October 21, 1974 Mr. Philip Buchen Counsel to the President The White House 1600 Pennsylvania Avenue Washington, D.C. 20001 Dear Mr. Buchen: In 1964, Hammond Incorporated published a reference work entitled ATLAS OF THE PRESIDENTS. In designing and producing the book, the Presidential Seal was used on the jacket design and on the title page. This was done in ignorance of Federal regulations and laws forbidding the use of the Seal on book jackets and title pages without prior permission from the White House. Since that time, these regulations have come to our attention. We are requesting your permission to continue to use the Presidential Seal on the jacket and title page of the ATLAS OF THE PRESIDENTS. We also request permission to use the illustration of the President's Flag, which contains elements of the Seal, on the endpapers of the book. We wish to point out that the work is distributed to the general public through bookstores and as gifts from private concerns. It also is distributed to schools and libraries through our educational marketing organization. We would be most appreciative if you would grant our request. Enclosed are copies of our hardbound edition and of our paperback edition of the publication. Sincerely yours, Martin a. Bacheller Martin A. Bacheller Vice President and Editor-in-Chief MAB:dlh Enclosures 2 = CC: Stuart L. Hammond, President Hugh Johnson, Executive Vice President C. Roderic Gibbins, Vice President and Treasurer ATLAS of the PRESIDENTS OF THE SEAL OF STATES THE UNITED PRESIDENTY 4 GERALD R. FORD Donald E. Cooke Seal Thursday 10/24/74 11:00 Skip called to say a letter would be coming from Hugh Johnson -- concerning a book he has published (I think it's the one having the Presidential seal on the front). Skip advises that when it comes in, it shoul d go to either Skip or Dudley. DERALD R. FORD LIBRAND Tuesday 11/12/74 4:20 Danny Fluhart called to ask if he could get a 324-3469 Presidential seal in color 80 he could decorate the top of a cake -- 14 inches. Barry will call him. FORD it LIBRARY AENALD Policy- Seal THE WHITE HOUSE WASHINGTON December 9, 1974 MEMORANDUM FOR: MILDRED LEONARD FROM: PHILIP W. BUCHEN Thil SUBJECT: Request for Permission to Use President's Picture on Special Envelopes The fact that the sample envelope contains the Presidential Seal suggests that special permission for this was obtained, since the reproduction would otherwise be illegal. The letter does not indicate what, if any, connection the writer had with the former President or his relationship to President Ford. An envelope containing the President's picture and the Seal should not be used in any way that is not subject to the President's control. Your reply should state that permission to reproduce either the picture or the Seal can be granted only for official uses, and that none are indicated by his letter. It is also not clear whether this use of the President's picture and Seal is being exploited commercially, which would be improper. & FORD SERALD LIBRARY For Dudley to prepare regly. P. FORD & DERALD LIBRARY 161B 2/3 MEMORANDUM THE WHITE HOUSE WASHINGTON December 2, 1974 TO: MR. PHILIP BUCHEN FROM: MILDRED LEONARD In the attached letter asking for a photo of the President, there is also a request for permission to use the photo in the preparation of special envelopes (sample attached). . I am not certain about whether to grant this permission or not, and ask for your guidance in that respect. If you will return the letter to me, we will send out the photo Thanks very much. - FORD is LIBRA RALL Box 77 Street smoft. UA 24477 Axpormation officer The white House Woshington. D.C, Sir, 3 Could you please supply he with me 8810 official photo of President Ford Also may I have permission to use this photo in the preparation i) special annelopes mal such l. as the one enlowed that would be used to special events 7 the Ford administration. your hind help will be apprecated ar your truly Cuntis Idding In GERALD LIDRARY ? FORD OF SSEAL OF STATES THE UNITED THE PRESIDENTS SAmple Bring Us Together GERALD R. FORD Policy THE WHITE HOUSE Pres. Seal WASHINGTON January 3, 1974 Dear Mr. Gamble: This is in response to your letter of December 26, 1974, to Mr. David Kennerly in which you seek permission to use the Seal of the President as part of an audiovisual presentation by the Advisory Council on Historic Preservation. Use of the Seal of the President is strictly limited by statute, 18 U.S.C. 713, as well as Executive Order 11649. Generally, the Seal is intended by these provisions only for use by the President. While it is, therefore, not possible to grant your request, I can assure you that this is not in any way intended to reflect upon the significant goals and the many contributions of the Advisory Council in the protection of this nation's historical and cultural resources. Sincerely, Thilj W.Buclen Counsel to the President Mr. Robert S. Gamble Historian Advisory Council on Historic Preservation 1522 K Street, N. W. Suite 430 Washington, D.C. 20005 bcc: Dave Kennerly (w/slide of Presidential seal) RALE R. FORD rustoric Preservation December 26, 1974 Mr. David Kennerly Personal Photographer to the President White House Washington, D.C. Dear Mr. Kennerly: The Advisory Council on Historic Preservation is preparing an audiovisual presentation on its role in the protection of the nation's historical and cultural resources. If possible, we would like to use a picture of the Presidential Seal at one point in the script. This is in connection with paragraph number 108 of Part II in the accompanying draft (each number corresponds with a slide), and refers to the issuance of Executive Order Number 11593, on May 13, 1971. Could you provide us with either a color slide or a photograph of the Great Seal? We can assure you that its use will be restricted to the audiovisual presentation itself. Your cooperation would be greatly appreciated. Should you have any questions, I may be reached at 254-3974. Sincerely yours, Robert S. Gamble Historian Enclosures FORD & 079838 LIBRARY The Council is an redept udent unit of the Executive Branch of the Federal Government charged by the Act of October 15, 1966 1: advise the President and Congress in the field of Historic Preservation. THE ADVISORY COUNCIL ON HISTORIC PRESERVATION SCRIPT FOR SLIDE PRESENTATION (DRAFT) i FORD SALD DECEMBER, 1974 Presidential Seal THE WHITE HOUSE WASHINGTON January 22, 1975 Dear Bob: I regret the delay in responding to your request to use the Seal of the President in connection with the report of the President's Committee on Mental Retardation on The Mentally Retarded Citizen and the Law. As you stated in your letter, use of the Seal is limited by statute and Executive Order. I have enclosed the Seal; however, it should be used only on the same page of the text that contains the President's dedication. I know you will understand. I also look forward to getting together with you again. With best wishes. Sincerely, The Philip W. Buchen Counsel to the President Mr. Robert A. Collier Collier, Shannon, Rill & Edwards 1666 - K Street, N.W. Washington, D.C. 20006 FORD Collier Collier, Shannon, Rill and Edwards Attorneys at Law 1666 K Street, N. W. Robert A. Collier Washington, D. C. 20006 homas F. Shannon James F: Rill Max N. Edwards December 20, 1974 Telephone Villiam W. Scott (202) 785-1777 Philip C. Olsson Cable Address Donald E. de Kieffer Colshan-Washington Barton J. Menitove Ronald K. Kolins Of Counsel: Richard E. Schwartz Stanley R. Rader John H. Young I. Stephen Street David F. Zoll The Honorable Phillip W. Buchen Counsel to the President The White House Washington, D.C. 20500 - Dear Phil: The publisher of the report by the President's Committee on Mental Retardation entitled "The Mentally Retarded Citizen and the Law" has requested permission to reproduce the Presidential Seal in conjunction with the dedication signed by President Ford. I believe that this publication of the Presidential Seal would comply with the executive order controling its use. I would appreciate it if you would look into this matter and if approval is granted, forward to me a color reproduction of the Seal which I will furnish to the MacMillan Publishing Company, Inc. Sorry we haven't seen each other lately. Have a fine, and I hope, restful holiday season. Kindest personal regards. Sincerely, Br ROBERT A. COLLIER September 27, 1974 Dear Bob: Thank you so very Inuch for your letter of September sixth, enclosing your prepened draft of a Presidential dedication for The Mentally Retarded Citizen and the Law. I have made a few revisions and had the dedication retyped. n is enclosed for your review and comments. Please den't hesitate to contact me If I can be of further assistance to you. Most elecerely yours, Philip W. Buches Counsel to the President Mr. Robert A. Collier Collier, Shannon, Rill and Edwards 1666 K Street, NW. Washington, D.C. C. 20006 GERALD ? FORD DRAFT PRESIDENTIAL DEDICATION FOR THE MENTALLY RETARDED CITIZEN AND THE LAW A collection of papers and reaction comments spbnsored by the President's Committee on Mental Retardation and to be published by The Free Press a division of Macmilian Publishing Co. Opportunity for every individual to develop his full potential has long been an American ideal. We judge our success or failure as a nation by the norms of justice and equality under the law. The treatment we have accorded mentally retarded and other handicapped members of our seciety tests our success and challenges our Meals. Only recently have we sought to assure the right of mentally retarded citizens to develop their full potential, to share in the bounty of our land, and to receive equal justice under the law. The President's Committee on Mental Retardation has stood for more than a decade as the symbol of Presidential dedication to securing these rights to mentally retarded Americans. This volume, spensored by the President's Committee, is a farther step toward the achievement of that goal. The lawyers, scholars, social scientists, and parents who have produced this remarkable collection of papers and comments challenge each of us .. executive, legislator, judge, citizen .. to make our goals of justice, equality, and opportunity a reality for the mentally retarded citizens among us. Gerald R. Ford President The United States of America LIBRAST GERALD ? FORD THE WHITE HOUSE WASHINGTON 3:50 Robert Collier called re his letter of 12/20 Hes not rec'd reply check with Barry, Dudley ? FORD & LIBRAR 079880 Tuesday 9/25/74 10:30 Bob Collier called to say hello to you -- and to remind 785-1777 that he wrote to you on September 6 requesting your assistance concerning a proposed Presidential dedication of a report of the President's Committee on Mental Retardation entitled "The Mentally Retarded Citizen and the Law." On 9/17/74 - Jay sent it to Dudley Chapman -- after discussing it on the phone. Read see attached Streety GERALD R. FORD THE WHITE HOUSE WASHINGTON September 24, 1974 MEMORANDUM FOR: JAY FRENCH FROM: DUDLEY CHAPMAN we SUBJECT: Bob Collier's Request If revised as suggested, I would have no objection to authorizing this statement. The reason for the omissions and word substitutions I have suggested is that the omitted language tends to commit the President to a value judgment on views of which we are all ignorant. As originally drafted, the statement would imply an endorsement of any number of criticisms, conclusions and proposals that could later become embarrassments. THE WHITE HOUSE WASHINGTON 9/17/74 To: Dudley Chapman From: Jay French As discussed. Thanks. R. FORD Collier, Shannon, Rill and Edwards Attorneys at Law 1666 K Street, N. W. Robert A. Collier Washington, D. C. 20006 Thomas F. Shannon James F. Rill Max N. Edwards September 6, 1974 Telephone William W. Scott (202) 785-1777 Philip C. Olsson Cable Address Colshan-Washington Donald E. de Kieffer Barton J. Menitove Of Counsel: Ronald K. Kolins Stanley R. Rader Richard E. Schwartz John H. Young J. Stephen Street David F. Zoll The Honorable Philip W. Buchen Counsel to the President The White House Washington, D.C. 20500 Dear Phil: Appropo our conversation today, I am attaching hereto a copy of a letter together with enclosures from Lawrence Kane relating to the proposed Presidential dedication of a report of the President's Committee on Mental Retardation entitled "THE MENTALLY RETARDED CITIZEN AND THE LAW." I have the honor to serve as a member of the President's Committee on Mental Retardation and have been active in focusing the attention of the President's Committee on this long neglected area of due process and legal rights for the mentally retarded. This publication is a culmination of months of effort and has been a major undertaking by the President's Committee. The attached contains a draft of a proposed dedication by the President to which I have made a contribution. Believe me Phil there is no pride of authorship and the wording of the dedication can and should be changed to most fully express the President's wishes. I firmly believe that this will serve as an excellent means for the President to publically dedicate a major work by the President's Committee and will identify the President in an area that is of major concern to over 20 million citizens of our country. FORD The Honorable Philip W. Buchen Collier, Shannon, Rill and Edwards Counsel to the President September 6, 1974 Page Two I urge that every consideration be given by the President to this dedication. As pointed out, because of the printing schedule an early decision would be appreciated. Kindest A personal regards, ROBERT A. COLLIER Enclosures FORD is STATED LIBRARY DINSMORE, SHOHL, COATES & DEUPREE JAMES O. COATES RICHARD R. DEUPREE, JR. 2100 FOUNTAIN SQUARE PLAZA DAVID W. JONES LAWRENCE R. ELLEMAN .TRUXTUN EMERSON, JR. WILLIAM L. BLUM JOHN M. KUNST, JR. 511 WALNUT STREET HARRIS K. WESTON EDWARD W. MERKEL, JR. SCOTT 8. CROOKS POWELL MCHENRY DAVID S. MANN NOLAN W. CARSON CINCINNATI, OHIO 45202 THOMAS J. SHERMAN JOHN E.MCDOWELL VINCENT B. STAMP JAMES W. FARRELL,JR. JOHN G. SLAUSON ROBERT T. MCCONAUGHY CARL A.MEYERS THOMAS S. CALDER AREA 513-621-6747 GARY D. BULLOCK BART A. BROWN, JR. VIRGINIA W. KOZERA HAROLD S. FREEMAN CABLE "DINSHOL" MARK L. SILBERSACK SMITH H.TYLER, JR. GERALD WEIGLE, JR. LAWRENCE A. KANE,JR. J.NEAL GARDNER JOHN W. BEATTY MICHAEL W. HAWKINS JEROME H. KEARNS CLIFFORD A. ROE, JR. September 3, 1974 FRANK C. WOODSIDE,I III BARBARA W. SCHWARTZ MARK A.VANDER LAAN G. FRANKLIN MILLER STEPHEN S. EBERLY GREGORY L. HELLRUNG WILLIAM M. FREEDMAN Mr. Robert A. Collier Collier, Shannon, Rill & Edwards Attorneys at Law 1625 Eye Street, N. W. Washington, D. C. 20006 Dear Bob: Pursuant to our telephone conversation of last week I am enclosing some draft language that might be used by the President for a dedication of THE MENTALLY RETARDED CITIZEN AND THE LAW. The President and his staff may want to use other language; this is only one possibility. It is important for us to try to secure an early decision, however, on the question of whether or not the President will be willing to provide a short dedication for the volume. Needless to say, I feel that mentally retarded citizens, and the President's Committee on Mental Retard- ation, would be greatly benefited by such an introduction. THE MENTALLY RETARDED CITIZEN AND THE LAW is a landmark volume in our efforts to insure that the legal system benefits, rather than discriminates against, mentally retarded citizens. The volume contains 22 major scholarly papers on various aspects of law and mental retardation, and over 35 reaction comments to the papers. It will probably run 800 pages. The contribu- tors and editors of the volume are outstanding attorneys, scho- lars, social scientists, and consumers. The topics in the volume include many in which legal frontiers are being explored here for the first time. I am enclosing a copy of the tableord of contents of the volume for your use. LIBRAR Mr. Robert Collier September 3, 1974 Page 2 A major focus of attention of the President's Committee has long been in the area of law and mental retardation. The predecessor of the President's Committee, the President's Panel on Mental Retardation, issued a special Task Force report on Mental Retardation and the Law. They set forth some basic prin- ciples and called for increased scholarly attention to this long neglected area. This effort has been pursued by the Law and Ethics Committee of the current President's Committee. The President's Committee decided in 1971 to pursue this goal through a conference and publication to be sponsored by the Committee. With the assistance of then-Secretary Elliot Richardson, Mr. John Twiname, and Mr. James Garrett, funding was obtained and the project begun. THE MENTALLY RETARDED CITIZEN AND THE LAW is thus the culmination of 12 years of efforts of the President's Committee and the President's Panel, and has been a major focus of efforts for the President's Committee over the past three years. I will appreciate your bringing to the President's attention, if you have an opportunity to do so, this question of whether he would be willing to provide a dedication, or some other appro- priate introductory statement for THE MENTALLY RETARDED CITIZEN AND THE LAW. Looking forward to seeing you at our next meeting in October. Warm regards. Yours very truly, Lawrence A. Kane, Jr. LAK,Jr/wg Encs: 1/ Draft dedication statement of President Ford 2/ Table of Contents for volume "The Mentally Retarded Citizen and the Law DINSMORE, SHOHL, COATES & DEUPREE DRAFT PRESIDENTIAL DEDICATION FOR THE MENTALLY RETARDED CITIZEN AND THE LAW A collection of papers and reaction comments sponsored by the President's Committee on Mental Retardation and to be published by The Free Press a division of Macmillan Publishing Co. Opportunity for every individual to develop his full potential has long been an American ideal. We judge our success or failure as a nation by the norms of justice and equality under the law. The treat- ment we have accorded mentally retarded and other handicapped members of our society tests our success and challenges our ideals. Only recently have we sought to assure the right of mentally retarded citizens to develop their full potential, to share in the bounty of our land, and to receive equal justice under the law. The President's Committee on Mental Retardation has stood for more than a decade as the symbol of Presidential dedication to securing these rights to mentally retarded Americans. This volume, sponsored by the President's Committee, is a large step toward the achievement of that goal. It pierces the shadows of injustice and deprivation that have too Th long excluded mentally retarded individuals from their rightful place as full citizens of our great nation. It explores legal doctrines long used to restrict mentally retarded individuals and demonstrates the proper place of the law as guarantor of justice and equality The lawyers, scholars, social scientists, and parents who have joined to- gether to produce this remarkable collection of papers and comments challenge each of us-executive, legislator, judge, citizen-to make our goals of justice, equality, and opportunity a reality for the mentally retarded citizens among us. is FORD Gerald R. Ford President The United States of America TABLE OF CONTENTS THE PRESIDENT'S COMMITTEE ON MENTAL RETARDATION THE MENTALLY RETARDED CITIZEN AND THE LAW TABLE OF CONTENTS PREFACE Lawrence A. Kane, Jr., Chairman, Law and Ethics Work Group President's Committee on Mental Retardation ACKNOWLEDGEMENTS EDITORS AND CONTRIBUTORS INTRODUCTION Michael Kindred and Julius Cohen PART I PERSONAL AND CIVIL RIGHTS OF MENTALLY RETARDED CITIZENS CHAPTER 1 BASIC PERSONAL AND CIVIL RIGHTS Patricia M. Wald Reactions Philip Roos Dennis Haggerty CHAPTER 2 THE RIGHT NOT TO BE MENTALLY RETARDED John R. Kramer Reaction Louis Z. Cooper CHAPTER 3 GUARDIANSHIP AND LIMITATIONS UPON CAPACITY Michael Kindred Reaction Eleanor Elkin CHAPTER 4 NONCONSENSUAL MEDICAL PROCEDURES AND THE RIGHT TO PRIVACY Monroe E. Price and Robert A. Burt Reaction Karen Lebacqz CHAPTER 5 TRUSTS AND ESTATE PLANNING Richard W. Effland : Reaction Melvin D. Heckt GREATO FORM CHAPTER 6 INSURANCE Joseph F. Follman, Jr. Reactions Franklin C. Smith Herschel H. Friday Page 2 PART II RIGHTS OF MENTALLY RETARDED CITIZENS WITHIN COMMUNITY SYSTEMS CHAPTER 7 THE RIGHT TO COMMUNITY SERVICES Thomas K. Gilhool Reactions Hugh J. Scott Monroe E. Price CHAPTER 8 LABELING AND CLASSIFICATION Michael S. Sorgen Reaction Virginia Davis Nordin Louis A. Bransford CHAPTER 9 THE RIGHT TO AN APPROPRIATE FREE PUBLIC EDUCATION Stanley Herr Reactions Percy Bates Leopold Lippman CHAPTER 10 THE RIGHT TO ADEQUATE INCOME AND EMPLOYMENT Merton C. Bernstein Reactions Milton W. Ferris David L. Chambers CHAPTER 11 ZONING RESTRICTIONS AND THE RIGHT TO LIVE IN THE COMMUNITY Jo Ann Chandler and Sterling Ross Reactions John Deutch Peter Simmons CHAPTER 12 QUALITY CONTROL OF COMMUNITY SERVICES Elizabeth M. Boggs Reactions Philip Caper Franklin D. Chu PART III INSTITUTIONALIZATION AND THE RIGHTS OF MENTALLY & FOR RETARDED CITIZENS GERALD CHAPTER 13 THE RIGHT TO HABILITATION Charles R. Halpern Reactions David J. Rothman Kenneth D. Gaver CHAPTER 14 BEYOND THE RIGHT TO HABILITATION Robert A. Burt Reactions James D. Clements Gunnar Dybwad Page 3 CHAPTER 15 DUE PROCESS IN CIVIL COMMITMENT AND ELSEWHERE Peter L. Strauss Reactions Bruce J. Ennis Robert A. Sprecher CHAPTER 16 THE RIGHT TO THE LEAST RESTRICTIVE ALTERNATIVE David Chambers Reactions Linda Glenn Alan Abeson Leopold Lippman Dolores Norley CHAPTER 17 JUDICIAL, LEGISLATIVE AND ADMINISTRATIVE COMPETENCE IN SETTING INSTITUTIONAL STANDARDS Robert Johnson Reactions Charles Acuff Floyd Dennis CHAPTER 18 PEONAGE AND INVOLUNTARY SERVITUDE Paul Friedman Reactions Linda Z. Tarr David Rosen CHAPTER 19 ADVOCACY Fred Cohen Reactions Marcia Pearce Burgdorf Wolf Wolfensberger PART IV THE MENTALLY RETARDED CITIZEN AND THE CRIMINAL AND CORRECTIONAL PROCESS CHAPTER 20 THE CRIMINAL REFORM MOVEMENT Sanford J. Fox Reactions Richard C. Allen FORD is 079830 LIBRA Robert J. Golten CHAPTER 21 CORRECTIONS Beverly A. Rowan Reactions Herman Schwartz H. Carl Haywood CHAPTER 22 SPECIAL DOCTRINAL TREATMENT IN CRIMINAL LAW Norval Morris Reaction Vincent J. Ziccardi