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1975/01/02 HR17558 Saint Lawrence Seaway Development Corporation Administrator
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1975/01/02 HR17558 Saint Lawrence Seaway Development Corporation Administrator
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The original documents are located in Box 20, folder "1975/01/02 HR17558 Saint Lawrence Seaway Development Corporation Administrator" of the White House Records Office: Legislation Case 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. Exact duplicates within this folder were not digitized. from Box 20 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library ACTION JAN 2 THE WHITE HOUSE Last Day: January 4 WASHINGTON December 28, 1974 Posted 1/3 MEMORANDUM FOR THE PRESIDENT FROM: KEN COLE Jo archine SUBJECT: Enrolled Bill H.R. 17558 43 Saint Lawrence Seaway Development Corporation Administrator Attached for your consideration is H.R. 17558, sponsored by Representative Blatnik, which provides for a fixed seven year term for the Administrator of the Saint Lawrence Seaway Development Corporation and eliminates the position of Deputy Administrator, a position which has not been filled since 1961. OMB recommends approval and provides additional background information in its enrolled bill report (Tab A). Max Friedersdorf (Loen) and Phil Areeda both recommend approval. RECOMMENDATION That you sign H.R. 17558 (Tab B) GERALD R. LIDRARY FORD EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF management AND BUDGET WASHINGTON, D.C. 20503 DEC 2 3 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 17558 - Saint Lawrence Seaway Development Corporation Administrator Sponsor - Rep. Blatnik (D) Minnesota Last Day for Action January 4, 1975 Purpose Provides for a fixed seven year term for the Administrator of the Saint Lawrence Seaway Development Corporation and eliminates the position of Deputy Administrator. Agency Recommendations Office of Management and Budget Approval Department of Transportation Approval Discussion H.R. 17558 would provide for a fixed seven year term for the Administrator of the Saint Lawrence Seaway Development Corporation (SLSDC), to be appointed by the President with the advice and consent of the Senate. Currently, the Administrator serves at the President's pleasure. This provision would not affect the current Administrator, who may continue to serve at the President's pleasure without being reappointed under this pro- cedure. The bill would also eliminate the position of Deputy Administrator of the Corporation, a position which has not been filled since 1961. Since the Administrator would have authority to hire such staff as is needed, this statutory position is not neces- sary. 2 The SLSDC was created in 1954 as a Government corporation to construct, maintain and operate the U.S. portion of the Saint Lawrence Seaway in conjunction with a similar Canadian entity. It was intended that the costs of construction would be repaid with interest from tolls levied on the seaway's users. However, since the toll revenues have not been sufficient to repay both interest and capital, the interest payments have been forgiven by the Federal Government. This removes some of the arguments that the SLSDC is an independent business-oriented corporation. The SLSDC works with a similar Canadian entity, whose president is appointed to a ten year term. Proponents of the fixed term feel that continuity is a desirable factor when dealing with international issues, such as the seaway. However, it is not of overriding concern, as evidenced by the fact that our ambassadors do not serve fixed terms. The fixed term for such a corporation is not entirely unprecedented, although there are also numerous examples of indeterminate terms. In addition, a fixed term would conflict with the earlier intent of Congress as expressed in the SLSDC enacting law to give the Secretary of Transportation a policy oversight role. OMB would have preferred that this fixed-term proposal for the SLSDC Administrator be studied in greater detail, particularly for its relationship to similar corporations. However, the bill was only introduced on December 3, 1974. While we have some problems with it as outlined above, we do not feel that they are major enough to warrant disapproval. Helfred H Rommel Welfred Rommel Assistant Director for Legislative Reference Enclosures OF DEPARTMENT OFFICE OF THE SECRETARY OF TRANSPORTATION * WASHINGTON, D.C. 20590 UNITED STATES OF AMERICA December 20, 1974 GENERAL COUNSEL Honorable Roy L. Ash Director Office of Management and Budget Executive Office Building Washington, D. C. Dear Mr. Ash: This is in response to your request for the views of the Department on H.R. 17558, an enrolled bill: "To amend the Act of May 13, 1954, relating to the Saint Lawrence Seaway Development Corporation to provide for a seven-year term of office for the Administrator, and for other purposes. 11 As indicated by the preamble of the bill set forth above, H.R. 17558 provides for the appointment of the Administrator of the Saint Lawrence Seaway Development Corporation for a seven-year term. No term of office is specified for the Administrator under existing law. The bill also does away with the statutory post of deputy administrator, a position which has not been filled for several years. The amendments made by the bill would take effect upon the first appointment of an Administrator made after the date of enactment of the bill. The Seaway Corporation is a wholly owned Government corporation established for the purpose of constructing, operating, and maintaining, in coordination with the Saint Lawrence Seaway Authority of Canada, navigation works in designated sections of the Saint Lawrence River. The Corporation carries out its functions under the special budget and audit provisions of the Government Corporation Control Act and finances its operations from charges imposed for the use of Seaway services and facilities. 2 Enactment of the bill would ensure greater continuity of leadership for the Corporation, an important ingredient to the smooth conduct of its business-type functions. Establish- ment of a fixed term of office for the Seaway Administrator also would be consistent with the arrangement respecting chief executives of certain other Government organizations which conduct business-type functions. The Department recommends that the President sign the enrolled bill. Sincerely, That Payt Rodney E. Eyster THE WHITE HOUSE WASHINGTON December 27, 1974 MEMORANDUM FOR: WARREN HENDRIKS FROM: MAX L. FRIEDERSDORF SUBJECT: Action Memorandum - Log No. 848 Enrolled Bill HR 17558 St. Lawrence Seaway Development Corp. Admin. The Office of Legislative Affairs concurs in the attached proposal and has no additional recommendations. Attachment Rich 12-24-74 (1:00 j.m.) Harren To- Newdride EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET 12-24-14m. WASHINGTON, D.C. 20503 3:30 I'd of hill DEC 23 1974 up pings in M.H. MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 17558 - Saint Lawrence Seaway Development Corporation Administrator Sponsor - Rep. Blatnik (D) Minnesota Last Day for Action January 4, 1975 Purpose Provides for a fixed seven year term for the Administrator of the Saint Lawrence Seaway Development Corporation and eliminates the position of Deputy Administrator. Agency Recommendations Office of Management and Budget Approval Department of Transportation Approval Discussion H.R. 17558 would provide for a fixed seven year term for the Administrator of the Saint Lawrence Seaway Development Corporation (SLSDC), to be appointed by the President with the advice and consent of the Senate. Currently, the Administrator serves at the President's pleasure. This provision would not affect the current Administrator, who may continue to serve at the President's pleasure without being reappointed under this pro- cedure. The bill would also eliminate the position of Deputy Administrator of the Corporation, a position which has not been filled since 1961. Since the Administrator would have authority to hire such staff as is needed, this statutory position is not neces- sary. THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 848 Date: December 25, 1974 Time: 5:00 p.m. N FOR ACTION: Mike Duval CC (for information): Warren Hendriks Max Friedersdorf oh Jerry Jones Phil areedn no ohj FROM THE STAFF SECRETARY DUE: Date: Monday, December 30 Time: noon SUBJECT: Emrolled Bill H.R. 17558 - Saint Lawrence Seaway Development Corporation Administrator ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON, LOG NO.: 848 Date: December 26, 1974 Time: 5:00 p.m. FOR ACTION: Mike Duval -okos CC (for information): Warren Hendriks Max Friedersdorf Jerry Jones Phil Areeda FROM THE STAFF SECRETARY DUE: Date: Monday, December 30 Time: noon SUBJECT: Enrolled Bill H.R. 17558 - Saint Lawrence Seaway Development Corporation Administrator ACTION REQUESTED: For Necessary Action For Your Recommendations X - Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing FORD ALBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President ACTION MEMORANDUM WASHINGTON LOG NO.: 848 Date: Time: December 26, 1974 5:00 p.m. FOR ACTION: Mike Duval CC (for information): Warren Hendriks Max Friedersdorf Jerry Jones Phil Areeda FROM THE STAFF SECRETARY DUE: Date: Monday, December 30 Time: noon SUBJECT: Enrolled Bill H.R. 17558 - Saint Lawrence Seaway Development Corporation Administrator ACTION REQUESTED: For Necessary Action For Your Recommendations X Prepare Agenda and Brief Draft Reply X. For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing 93-1565 No Objection PANK FORD LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. questions if you anticipate a delay in submitting the required material. please K. Warren K. endriks telephone the Staff Secretary immediately. Fot For the Predicent 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-1565 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION DECEMBER 11, 1974.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BLATNIK, from the Committee on Public Works, submitted the following REPORT [To accompany H.R. 17558] The Committee on Public Works to whom was referred the bill (H.R. 17558) to amend the Act of May 13, 1954, relating to the Saint Lawrence Seaway Development Corporation to provide for a seven- year term of office for the Administrator, and for other purposes, hav- ing considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That (a) subsections (a) and (b) of section 2 of the Act of May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 982), are amended to read as follows: "MANAGEMENT OF CORPORATION "SEC. 2. (a) The management of the corporation shall be vested in an Admin- istrator who shall be appointed by the President, by and with the advice and consent of the Senate for a term of seven years. Any Administrator appointed to fill a vacancy in that position prior to the expiration of the term for which his predecessor was appointed shall be apponited for the remainder of such term." (b) Subsection (c) of section 2 of such Act of May 13, 1954, is relettered as subsection (b), including any references thereto. SEC. 2. The amendments made to section 2 of the Act of May 13, 1954, by the first section of this Act shall (1) take effect upon the first appointment of an Administrator of the Saint Lawrence Seaway Development Corporation which is made after the date of enactment of this Act, and (2) be applicable to such first appointment and to each subsequent appointment to such position. PURPOSE The purpose of the bill, as reported, is to provide for a fixed 7-year term of office for the Administrator of the Saint Lawrence Seaway Development Corporation. The bill also eliminates the position of Deputy Administrator. 38-006 2 3 GENERAL STATEMENT Cost OF THE LEGISLATION The Saint Lawrence Seaway Development Corporation was created Enactment of the bill will not result in any additional costs to the by Congress in 1954 as a Government corporation to construct, operate, United States. In fact, with the elimination of the position of Deputy maintain, and develop the United States portion of the Saint Law- Administrator, a savings of $36,000 a year at present salary levels will rence Seaway. This is the joint U.S.-Canadian waterway which opened be realized. the Great Lakes to deepwater navigation. Because the costs of con- VOTE struction of the Seaway were to be repaid from revenues generated from tolls levied on its traffic, a Government corporation was chosen The Committee ordered H.R. 17558 reported by voice vote. to manage the Seaway. The Corporation is to conduct the Seaway's business in conjunction with the appropriate Canadian entity in a CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED manner that will eventually return the original investment to the Treasury while meeting all current financial obligations. In compliance with clause 3 of rule XIII of the Rules of the House Since the opening of the Seaway, a sizable international maritime of Representatives, changes in existing law made by the bill, as re- industry has developed on the Great Lakes. Millions of dollars in ported, are shown as follows (existing law proposed to be omitted is local, State, and Federal funds have been invested in dock and harbor enclosed in black brackets, new matter is printed in italic, existing facilities throughout the region and many jobs are directly involved law in which no change is proposed is shown in roman) : in this industry. The commercial health of this international mari- time industry is necessarily dependent upon the Saint Lawrence Sea- SECTION 2 OF THE SAINT LAWRENCE SEAWAY ACT way, and the operational and development activities of the Seaway Corporation have become of prime importance not only to the Corpora- [MANAGEMENT OF CORPORATION tion in terms of income but also to the ports and shipping industry throughout the Great Lakes/Seaway. [SEC. 2. (a) The management of the Corporation shall be vested in an Administrator who shall be appointed by the President, by and Since the planning, formulation, and implementation activities of with the advice and consent of the Senate, and who shall receive com- this nature frequently cover an extended period of time, particularly in the maritime industry, it is important to both the Corporation and pensation at the rate of $17,500 per annum. the region that the highest degree of continuity be maintained. The [(b) To assist the Administrator in the execution of the functions leadership of the Corporation, if it is to truly function as a business vested in the Corporation there shall be a Deputy Administrator who entity, must be in a position to devise and implement long-range pro- shall be appointed by the President, by and with the advice and con- sent of the Senate, and who shall receive compensation at the rate of grams and must be in the hands of a professional administrator $16,000 per annum. The Deputy Administrator shall perform such thoroughly conversant with the Seaway and its industry. In the Cor- duties as the Administrator may from time to time designate, and shall poration's efforts to attract and sustain cargo, as in its dealings with its be acting Administrator and perform the functions of the Admin- Canadian counterpart, there is an increasing awareness of the need for istrator during the absence or disability of the Administrator or in the continuity in order to assure the long-range implementation of busi- event of a vacancy in the Office of the Administrator.] ness decisions. The Canadian Government in recognizing this fact appoints the Administrator's Canadian counterpart, the President of anagement of Corporation the St. Lawrence Seaway Authority, to a term of 10 years. The bill in establishing a 7-year term for the Administrator will Sec. 2. (a) The management of the corporation shall be vested in an provide the needed continuity. This new fixed 7-year term will take Administrator who shall be appointed by the President, by and with effect upon the first appointment of an Administrator of the Saint the advice and consent of the Senate, for a term of seven years. Any Lawrence Seaway Development Corporation which is made after the Administrator appointed to fill a vacancy in that position prior to the date of enactment of this Act. expiration of the term for which his predecessor was appointed shall The bill also eliminates the position of Deputy Administrator of the be appointed for the remainder of such term. Seaway Corporation. This position has not been filled since 1961. In [c) (b) There is hereby established the Advisory Board of the view of the provision of a fixed term for the Administrator and his Saint Lawrence Seaway Development Corporation, which shall be statutory authority to hire such officers and employees as he feels are composed of five members appointed by the President, by and with necessary to conduct the business of the Corporation, and in light of the advice and consent of the Senate, not more than three of whom the long-standing vacancy, it is considered that the position of Deputy shall belong to the same political party. The Advisory Board shall Administrator should be eliminated. H.R. 1565 H.R. 1565 [ 4 meet at the call of the Administrator, who shall require it to meet not less often than once each ninety days; shall review the general policies of the Corporation, including its policies in connection with design and construction of facilities and the establishment of rules of measure- ment for vessels and cargo and rates of charges or tolls; and shall advise the Administrator with respect thereto. Members of the Advis- ory Board shall receive for their services as members compensation of not to exceed $50 per diem when actually engaged in the perform- ance of their duties, together with their necessary traveling expenses while going to and coming from meetings. H.R. 1565 H. R. 17558 Ninety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act To amend the Act of May 13, 1954, relating to the Saint Lawrence Seaway Development Corporation to provide for a seven-year term of office for the Administrator, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsections (a) and (b) of section 2 of the Act of May 13, 1954, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 982), are amended to read as follows: "MANAGEMENT OF CORPORATION "SEC. 2. (a) The management of the corporation shall be vested in an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of seven years. Any Administrator appointed to fill a vacancy in that position prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.". (b) Subsection (c) of section 2 of such Act of May 13, 1954, is relettered as subsection (b), including any references thereto. SEC. 2. The amendments made to section 2 of the Act of May 13, 1954, by the first section of this Act shall (1) take effect upon the first appointment of an Administrator of the Saint Lawrence Seaway Development Corporation which is made after the date of enactment of this Act, and (2) be applicable to such first appointment and to each subsequent appointment to such position. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. December 24, 1974 Dear Mr. Director: The following bills were received at the White House on December 24th: S.J. Res. 40 B. 3481 H.R. 8958 H.R. 14600 S.J. Res. 133 8. 3548 M.R. 8981 H.R. 14689 S.J. Res. 262 8. 3934 H.R. 9182 H.R. 14718 S. 251 8. 3943 H.R. 9199 H.R. 15173 S. 356 S. 3976 H.R. 9588 H.R. 15223 S. 521 S. 4073 H.R. 9654 H.R. 15229 S. 544 S. 4206 H.R. 10212 M.R. 15322 S. 663 H.J. Res. 1178 H.R. 10701 M.R. 15977 S. 754 H.J. Res. 1180 H.R. 10710 H.R. 16045 S. 1017 M.R. 421 H.R. 10827 H.R. 16215 S. 1083 M.R. 1715 H.R. 11144 H.R. 16596 vs. 1296 H.R. 1820 H.R. 11273 H.R. 16925 S. 1418 M.R. 2208 H.R. 11796 M.R. 17010 S. 2149 H.R. 2933 N.R. 11802 H.R. 17045 S. 2446 H.R. 3203 H.R. 11847 M.R. 17085 S. 2607 M.R. 3339 H.R. 11897 H.R. 17468 B. 2854 H.R. 5264 H.R. 12044 H.R. 17558 S. 2888 K.R. 5463 H.R. 12113 H.R. 17597 S. 2994 H.R. 5773 H.R. 12427 H.R. 17628 S. 3022 H.R. 7599 H.R. 12884 H.R. 17655 S. 3289 H.R. 7684 H.R. 13022 S. 3358 H.R. 7767 H.R. 13296 S. 3359 H.R. 8214 H.R. 13869 S. 3394 H.R. 8322 H.R. 14449 S. 3433 H.R. 8591 H.R. 14461 Please let the President have reports and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C.