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Cicconi Memos – January 1983-June 1983 (10)
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Cicconi Memos – January 1983-June 1983 (10)
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WITHDRAWAL SHEET
Ronald Reagan Library
Collection: Cicconi, James W.: Files
Archivist: dlb/bcb
File Folder: JW Coccini-Memos, Jan - Jun 1983 [10 of 11]
Date: 2/23/98
Cicconi
OA 10793 Box 2
DOCUMENT
SUBJECT/TITLE
DATE
RESTRICTION
NO. AND TYPE
1. memo
JW Cicconi to James A.Baker, III re U.S. Treasurer,
6/15/83
P5 B6
1p.
2. memo
JW Cicconi to James A.Baker, III re Comments on
6/21/83
P5
B6
Virginia Knauer Memo, 2p.
3. memo
JW Cicconi to James A.Baker, III re Peace Corps
6/21/83
Country Directors, 1p.
4. memo
Suggestions re Country Directors, 1p.
n.d.
5. memo
Cicconi to John Herrington re Country Directors, 1p.
n.d.
DS
6. note
Re clarification of points in item #5, 1p.
n.d.
7. memo
Craig Fuller to Edwin Meese, III, James A.Baker,
6/9/83
III, Michael k. Deaver re Peace Corps Response on
Country Director Executive Order, 2p.
8. memo
Loret Miller Ruppe to C.Fuller re response to Peace
6/3/83
PS
Corps Executive Order, 3p.
9. memo
JW Cicconi to James A.Baker, III re Cost Sharing on
6/21/83
P5
P
Water Projects, 1p.
03
10/19/00
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].
F-1 National security classified information [(b)(1) of the FOIA].
P-2 Relating to appointment to Federal office [(a)(2) of the PRA].
F-2 Release could disclose internal personnel rules and practices of an agency [(b)(2) of the
P-3 Release would violate a Federal statute ((a)(3) of the PRA].
FOIA].
P-4 Release would disclose trade secrets or confidential commercial or financial information
F-3 Release would violate a Federal statue [(b)(3) of the FOIA].
[(a)(4) of the PRA].
F.4 Release would disclose trade secrets or confidential commercial or financial information
P-5 Release would disclose confidential advice between the President and his advisors, or
[(b)(4) of the FOIA].
between such advisors [(a)(5) of the PRA].
F-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the
P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of
FOIA].
the PRA].
F-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 gift.
F-8 Release would disclose information concerning the regulation of financial institutions
[(b)(8) of the FOIA].
F-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of
the FOIA].
WITHDRAWAL SHEET
Ronald Reagan Library
Collection: Cicconi, James W.: Files
Archivist: dlb/bcb
File Folder: JW Coccini Memos, Jan - Jun 1983 [10 of 11]
Date: 2/23/98
OA 10793
DOCUMENT
SUBJECT/TITLE
DATE
RESTRICTION
NO. AND TYPE
1. memo
JW Cicconi to James A.Baker, III re U.S. Treasurer,
6/15/83
P5
1p.
2. memo
JW Cicconi to James A.Baker, III re Comments on
6/21/83
P5
Virginia Knauer Memo, 2p.
3. memo
JW Cicconi to James A.Baker, III re Peace Corps
6/21/83
P5
Country Directors, 1p.
4. memo
Suggestions re Country Directors, 1p.
n.d.
P5
5. memo
Cicconi to John Herrington re Country Directors, 1p.
n.d.
P5
6. note
Re clarification of points in item #5, 1p.
n.d.
P5
7. memo
Craig L.Fuller to Edwin Meese, III, James A.Baker,
6/9/83
P5
III, Michael k. Deaver re Peace Corps Response on
Country Director Executive Order, 2p.
8. memo
Loret Miller Ruppe to C.Fuller re response to Peace
6/3/83
P5
Corps Executive Order, 3p.
9. memo
JW Cicconi to James A.Baker, III re Cost Sharing on
6/21/83
P5
Water Projects, 1p.
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].
F-1 National security classified information [(b)(1) of the FOIA].
P-2 Relating to appointment to Federal office [(a)(2) of the PRA].
F-2 Release could disclose internal personnel rules and practices of an agency [(b)(2) of the
P-3 Release would violate a Federal statute [(a)(3) of the PRA].
FOIA].
P-4 Release would disclose trade secrets or confidential commercial or financial information
F-3 Release would violate a Federal statue [(b)(3) of the FOIA].
[(a)(4) of the PRA].
F-4 Release would disclose trade secrets or confidential commercial or financial information
P-5 Release would disclose confidential advice between the President and his advisors, or
[(b)(4) of the FOIA].
between such advisors [(a)(5) of the PRA].
F-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the
P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of
FOIA].
the PRA].
F-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 gift.
F-8 Release would disclose information concerning the regulation of financial institutions
[(b)(8) of the FOIA].
F-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of
the FOIA].
THE white HOUSE
WASHINGTON
June 10, 1983
TO: JAB III
RE: PIK Program
The Cabinet met to discuss the PIK
program this week. The main point
discussed was what to do about the
program next year. OMB has serious
concerns about costs going out of
control in PIK, which was originally
designed to get a handle on such
costs.
USDA is still exploring several
options. However, one thing is
clear: since grain stocks have
been drawn down to very low levels,
any extension of the program will
probably not involve the type of
"crop swap" we worked out this year.
USDA was told by Meese that the
President would have to approve any
PIK arrangments for 1984.
JC
THE WHITE HOUSE
WASHINGTON
June 10, 1983
TO: JAB III
RE: OSHA
It has been decided that the President
will ask each agency to undertake to
reduce injury claims by 3% a year for
five years.
Thorne Auchter made a presentation
to the Cabinet this week in which he
requested that such a goal be set.
He also pointed out that last year
witnessed a healthy decline in fed-
eral injury claims.
In my view, OSHA has shown, and
continues to show, that if we do
our deregulation job efficiently
and with due sensitivity, it can be
done without serious political harm.
JC
THE WHITE HOUSE
WASHINGTON
June 13, 1983
MEMORANDUM FOR BILL SITTMANN
FROM:
Jim Cicconi
SUBJECT:
AEI Constitution Conference
Last week, Bill Baroody of AEI called regarding the Consti-
tution Conference they are holding in conjunction with the
State Department. It is set for September 14-16, and they
have requested some sort of Presidential involvement. How-
ever, as I understand, the event they requested, a luncheon
on September 16, could not be scheduled.
Baroody says that they are flexible, and would like to work
out some type of event involving the President during the
Conference.
The Conference itself includes representatives of twenty
democratic nations, many of whom authored their countries'
constitutions. The idea of such a conference was originally
presented to AEI by the State Department, and was subsequently
mentioned by the President in his speech to Parliament.
I am sure Bill Baroody would appreciate it if some alterna-
tive form of Presidential participation can be worked out.
I also think it would be a positive event for us, and would
be tangible evidence of follow-up on the "Project Democracy"
initiative.
Thanks.
CC: Fred Ryan
THE WHITE HOUSE
WASHINGTON
June 14, 1983
MEMORANDUM FOR CRAIG FULLER
FROM:
Jim Cicconi give
SUBJECT:
Textiles Meeting Follow-Up
It would probably be helpful if we could convey word this
week to Senators Thurmond and Helms about the action we
plan as follow-up to the May 19 meeting on textile imports.
I would think that this could be done by either you or Ken
Duberstein calling first Thurmond, then Helms, then Repre-
sentative Carroll Campbell. (It is important that Thurmond
have the initial opportunity to pass on the information to
the industry.)
The action-forcing event is a June 16 fund-raising dinner
here in Washington for Senator Helms. The President plans
to attend, and most of the textile industry representatives
will also be present.
Thanks.
CC: Lee Atwater
RONALD W. REAGAN LIBRARY
THIS FORM MARKS THE FILE LOCATION OF ITEM NUMBER
LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
THE WHITE HOUSE
WASHINGTON
June 15, 1983
MEMORANDUM FOR JAMES A. BAKER, III
FROM:
Jim Cicconi Am
SUBJECT:
Specialty Steel
This is an issue which is coming to a head very quickly,
and could have serious repercussions.
In summary, as I understand it, the International Trade
Commission has found that the U.S. specialty steel industry
is sustaining serious harm from imports, and has recommended
that quotas be imposed for three years. A decision will
need to be made within the next two weeks or SO. We can
accept, reject, or alter the ITC recommendation.
The industry has maintained that three years is insufficient
given their capital investment cycle among other things, and
argues that quotas be imposed for five years. To my knowledge,
no agency supports five years, though four years is a possib-
ility. Commerce, Defense, State, and Labor support the ITC
finding in one form or another. However, OMB, Treasury, NSC,
Justice, DOE, and CEA all oppose the ITC recommendation.
USTR has reportedly been working to more sharply define the
points at issue between the agencies, though, SO the above
lineup could change.
A preliminary meeting will be held this Friday, and the full
Trade Policy Committee will convene on the issue next Tuesday.
The Administration's decision on specialty steel is of parti-
cular interest in Pennsylvania, where much of the industry is
located. As you know, Sen. Heinz has asked for a meeting on
the subject, and Gov. Thornburgh may seek to come in with
industry representatives and the head of the Steelworkers.
Also, there are rumors of congressional action to impose quotas
if the President fails to do so. An additional complicating
factor is that we have touted the specialty steel industry as
a competitive growth industry in public comments.
I will keep you posted as this develops. As for meeting with
Heinz, et al, I would suggest we stall until after next Tues-
is
day's meeting. At that time we should have a more reliable
reading on the range of agency opinion that will go to the
checking
President.
into whither
CC: Dick Darman
Ken Duberstein
I can nuer w!
Hing's willing. guy winif
THE WHITE HOUSE
WASHINGTON
June 15, 1983
MEMORANDUM FOR JAMES A. BAKER, III
FROM:
Jim Cicconi you
SUBJECT:
Veto Recommendation
For your information:
Both OMB and Treasury have recommended that S. 973 be vetoed
by the President. The last day for action on the bill is
this Saturday, June 18.
The bill itself consists of technical amendments to the In-
dian Self-Determination Act. We have no objection to those
provisions. However, Sen. Jesse Helms added a floor amend-
ment that allows a "lease-back" arrangement to benefit the
North Carolina School of the Arts. It is this amendment that
is the basis for the veto recommendation.
In short, the School is in an historic building that was re-
furbished through use of a $3 million EDA grant and $6.5 mil-
lion in private contributions. However, the School has been
told that State funds will not be available to operate it,
despite earlier assurances. The Helms amendment would allow
the School to lease the building to private investors, who
would in turn lease it back to the School. The investors
would realize various tax benefits under both Federal and
State law through this arrangement, all without first having
to repay the $3 million EDA grant. The School, for its part,
would be able to stay open.
OMB and Treasury regard such lease-back exemptions as totally
unjustified and costly to the Treasury, especially when one
considers the precedent set. In essence, the tax benefits
being sold to private investors here are attributable to prop-
erty that was paid for partly through a Federal grant. If
we were to allow such lease-back arrangements through special
legislation, OMB warns of a potentially huge revenue drain
given the billions in federal grants for similar tax exempt
projects.
THE WHITE HOUSE
WASHINGTON
June 15, 1983
MEMORANDUM FOR JAMES A. BAKER, III
FROM:
Jim Cicconi
K.
SUBJECT:
Food Stamp Regulatory Reform
As you know, Monday's Cabinet meeting discussed administra-
tive proposals for tightening up food stamp eligibility and
eliminating fraud. The President agreed with every recom-
mendation (which we have already gone over).
One of the recommendations was that we not impose job search/
work requirements on food stamp recipients by regulation.
However, it was recommended, and the President agreed, that we
seek legislation to accomplish the same thing.
THE WHITE HOUSE
WASHINGTON
June 16, 1983
MEMORANDUM FOR THE FILE
FROM:
Jim Cicconi
INC
SUBJECT:
Phone Call from Jack Garrett
On or about June 14, JAB received a call from his brother-
in-law, Jack Garrett on the subject of rice.
Garrett complained that Merrill Lynch has raised the price
of margin contracts on rice from $600 to $2400, and said that
this was a disaster that would cost the federal government
millions in deficiency payments.
JAB stressed that he could not and would not take any action
on the issue, nor would he even discuss the subject. He
suggested that Garrett forward his complaint directly to
USDA, but said that he should not use JAB's name in doing SO.
Garrett indicated he understood, and promised not to use
JAB's name in any government contacts on the subject.
CC: Fred F. Fielding
THE WHITE HOUSE
WASHINGTON
June 16, 1983
MEMORANDUM FOR WILLIAM P. CLARK
MICHAEL K. DEAVER
JOHN HERRINGTON
DEPUTY SECRETARY KENNETH DAM
FROM:
Jim Cicconi ANC
SUBJECT:
Memorandum from Charles Z. Wick
Jim Baker asked that the attached memorandum from Director
Wick, along with the resume of John W. Shirley, be forward-
ed to you for your information.
Thank you.
United States
Office of the Director
Information
Agency
Washington, D.C. 20547
USIA
June 15, 1983
MEMORANDUM FOR:
The Honorable
James A. Baker III
Chief of Staff
and Assistant to the President
The White House
FROM:
Charles Z. Wick
Director
me
SUBJECT:
Jock Shirley
I would like to follow up on our conversation with regard to
Jock Shirley and to reiterate to you in this more formal way
my strong hope that he will be chosen to succeed Jack Matlock
as our Ambassador to Czechoslovakia.
Jock Shirley is a Career Minister in the Senior Foreign
Service and is currently serving as my Deputy Director on an
interim basis. He is a veteran of more than twenty six years
in USIA's Foreign Service. At the change of Administration,
he was named Acting Director of USIA by the White House
because of his experience, talent and commitment to the
achievement of the Administration's objectives. Five months
later, when I took over as Director, I created for him the
position of Counselor of the Agency. In that capacity, as the
senior career officer at USIA, he has been an invaluable
adviser on policy and management, and has been thoughtful,
loyal and energetic in implementing the President's policies.
Jock's extensive overseas experience includes assignments in
Yugoslavia, Italy, India and Poland. From December, 1945,
until August, 1946, he lived in Prague with his father.
During the Nixon and Ford Administrations he was in charge of
all of USIA's activities in Europe, an assignment in which he
distinguished himself. From 1977 until shortly before the
election, he was Counselor for Public Affairs at our Embassy
in Rome. I am told that the Carter policy which in effect
lifted the USG "veto" against Communist Party entry into the
Italian government was reversed due largely to Jock Shirley's
persistent efforts.
Jock Shirley's qualifications to be Ambassador in Prague are
beyond question. Indeed, I am convinced that he would be
prudent, and most of all tough, in the pursuit of American
interests in Czechoslovakia. His background in Eastern
European affairs is extensive. By an accident of fate, he
spent the war years in pre-communist Hungary where he attended
- 2 -
four years of secondary school. As a result, he is virtually
bilingual in Hungarian. At the same time he is also
proficient in German, French, Italian, Polish and
Serbo-Croatian. His knowledge of two Slavic languages,
buttressed by his natural linguistic ability, should make it
easy for him to acquire a fluency in Czech. Jock Shirley has
long specialized in communist affairs, both in directing
USIA's information and propaganda efforts aimed at the Soviet
Union and Eastern Europe from Washington and during his
service in Yugoslavia and Poland. I am convinced that his
blend of knowledge of East European history, politics and
languages qualify him to render exceptional service.
As you know, Jock's appointment as Ambassador to
Czechoslovakia is of great importance to me as Director of
USIA. First, I believe it proper that his exceptional
contributions to this administration and his outstanding prior
service be recognized. At the same time, I want USIA's
Foreign Service to know that ability, hard work and loyalty
are rewarded and that these rewards are not limited to State
Department Foreign Service officers.
In closing, I want to emphasize that Jock is also one of the
most gracious and competent people I have met during my tenure
in Washington. I believe that his deep commitment to the
policies of the Reagan Administration coupled with his
exceptional ability and long experience in the Foreign Service
merit his appointment as Ambassador to Czechoslovakia. He has
my full backing. I hope that you will also support him.
Attachment: Curriculum Vitae
JOHN W. SHIRLEY
Career Minister, U.S. Information Agency (USIA).
RECENT PROFESSIONAL HISTORY:
1983 (May) to present -- DEPUTY DIRECTOR AD INTERIM --
Under a broad delegation of responsibility and authority
from the Director of the Agency, the Deputy Director ad
interim is charged with implementing the Administration's
policies through oversight and direction of USIA operations,
personnel and facilities in the United States and abroad.
1981 (June) to 1983 (May) -- COUNSELOR OF THE AGENCY --
and CHIEF OF STAFF. In present position has line
responsibility for USIA's overseas operations. Supervises
directly the fivegeographic bureaus in Washington and
through them the Agency's 205 overseas posts.
As Chief of Staff, helps coordinate the activities of the
Voice of America and of the Directorates for Programs,
for Educational and Cultural Exchange, and for Management.
1981 (January-June) -- ACTING DIRECTOR OF THE
INTERNATIONAL COMMUNICATION AGENCY -- from the inauguration
of the new Administration until the confirmation of the new
Director in charge of USICA and its 8000 employees and
responsible for its $500 million budget.
1980-81 -- ASSOCIATE DIRECTOR FOR PROGRAMS -- Supervised
USICA's Policy Planning and Policy Guidance Staffs, Press
Division, Exhibits Division, Research Division, Film and
Television Division, and Evaluation Staff. The Associate
Director for Programs is a Presidentially-appointed officer.
Supervised 972 employees in Washington and overseas and
responsible for a budget of over $41 million.
CAREER HISTORY:
1977-80
Counselor of Embassy for Public Affairs,
American Embassy, Rome, Italy.
1975-77
Director of European Affairs, U.S.
Information Agency.
1973-75
Director of East European and Soviet Affairs,
U.S. Information Agency.
1972-73
Deputy Director, East European and Soviet
Affairs, U.S. Information Agency.
1970-72
First Secretary of Embassy for Press and
Cultural Affairs, American Embassy, Warsaw,
Poland.
1969-70
Polish language and area training, Foreign
Service Institute.
1968-69
Policy Officer, Near East and South Asian
Affairs, U.S. Information Agency.
1968
Officer-in-Charge, India, Nepal, Ceylon
Affairs, U.S. Information Agency.
1965-68
Press Attache', American Embassy, New Delhi,
India.
1963-65
Press Attache', American Embassy, Rome,
Italy.
1960-63
Public Affairs Officer and Consul, American
Consulate, Trieste, Italy.
1959-60
Assistant Cultural Attache', American Embassy
Belgrade, Yugoslavia.
1958-59
Assistant Cultural Officer, American
Consulate General, Zagreb, Yugoslavia.
EDUCATION:
Elementary and secondary schools in France, Yugoslavia,
Hungary and Czechoslovakia.
Augusta Military Academy, Fort Defiance, Virginia
(Diploma 1949).
Georgetown University, School of Foreign Service,
Washington, D.C. Bachelor of Science, International
Relations, 1957.
MILITARY SERVICE:
U.S. Air Force, 1952-56.
(Military intelligence assignments in Europe).
LANGUAGES:
Hungarian
Italian
German
French
Polish
Serbo-Croatian
AWARDS:
Edward R. Murrow Award for Excellence in Public
Diplomacy (1981).
Meritorious Honor Award, U.S. Information Agency, 1962.
PERSONAL DATA:
Date of Birth:
August 18, 1931.
Place of Birth:
Hailsham, Sussex, England,
of American parents.
Married.
Addresses:
Home:
3101 P. St. N.W.
Washington, D.C. 20007
Tel: (202) 298-7252
Office: U.S. Information Agency
400 C. Street S.W.
Rm. 806
Washington, D.C. 20547
Tel: (202) 485-8747
THE WHITE HOUSE
WASHINGTON
June 20, 1983
MEMORANDUM FOR JAMES A. BAKER, III
FROM:
Jim Cicconi
of
SUBJECT:
Bankruptcy Legislation
Since you will be traveling this afternoon with Trent Lott,
you should be aware that the subject of bankruptcy legis-
lation could arise.
Lott has introduced a bill that differs from the Senate
version we endorsed in one major respect: the bankruptcy
judges in the Lott bill are appointed by the Circuit Courts
instead of by the President. We have taken a stance of "no
objection" to Lott's version, recognizing that the difference
may be important in gaining the Democratic votes necessary
for passage. We would, of course, then hope that a conference
committee would support the Senate version.
I would suggest you not raise this subject. However, if it
comes up, Congressman Lott should at least be made aware of
the importance we attach to such legislation, even though we
are not in a position to endorse his specific bill.
CC: Nancy Risque
THE WHITE HOUSE
WASHINGTON
June 20, 1983
MEMORANDUM FOR JAMES A. BAKER, III
FROM:
Jim Cicconi
if
SUBJECT:
Reduction in Number of Federal Employees
At today's CCMA meeting with the President, Joe Wright re-
ported that the reduction in number of federal employees
promised by the President is running ahead of schedule.
Joe said we should be able to make the 1984 target of reduc-
ing the number of federal employees (FTE) by 75,000 provided
there is no "hiring up" to currently allowed employment
ceilings. OMB and OPM are working together to see that this
"hiring up" does not occur.
At present, there are 65,000 fewer federal employees (FTE)
than when the President took office. He indicated that he
would like to use this fact in his speeches, along with
several other points mentioned, such as a reduced number of
federal publications, procurement efficiencies, and increased
computerization.
CC: Richard Darman
RONALD W. REAGAN LIBRARY
THIS FORM MARKS THE FILE LOCATION OF ITEM NUMBER
2
LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
THE WHITE HOUSE
WASHINGTON
June 21, 1983
MEMORANDUM FOR
JAMES A. BAKER, III
FROM:
VIRGINIA H. KNAUER
SUBJECT:
Transition Implementation
In our last meeting, you informed me that I was to view my
transition out of the Executive Office Building as an enhancement
and promotion. Based on these assurances, I have been successful
in containing any harmful repercussions from the press and the
constituencies I have served; I have been able to put a positive
outlook on the change by noting with a good deal of pride that
I now report to the President through your office. However, the
details and implementation of my transition are not reflecting
the spirit of our discussion.
Specifically, HHS staffers are preparing transfer papers at the
SES-1 level under the direction of John Rogers, even though I
discussed an SES-3 or 4 level with your deputy, Jim Cicconi.
White House staff have asked for all EOB staff passes, and we
have been told that providing a White House phone connection would
set a new precedent and be technically difficult and costly.
Additional details on each of these points are attached.
As you know, an SES-1 level would place me at the lowest levels
of the managing bureaucrats at HHS. Indeed, my deputy's slot is
an SES-1 position. I need to retain at least three out of the
present seven staff EOB passes if I am to continue to effectively
use the White House facilities. A personal White House phone link
had been established in my USOCA offices in previous Administrations:
it is low cost and technically feasible and extremely important in
working with knowledgeable and sophisticated representatives from
the public and private sectors.
As one of the women pioneers in the White House, I know that
especially in an inflamed atmosphere, one cannot risk giving
political opponents facts upon which to build a case. If these
present staff proposals go forward as planned, I have no doubt
that women and consumer groups, and the disabled and aging
communities that I have served will interpret those changes as a
major downgrading. Our credibility to portray this transition
- 2 -
in a positive way will be seriously damaged with the constituencies
who have followed my career and these current developments, and
we will be inviting our political opponents to exploit a potential
negative interpretation of this move.
There is an urgent need to resolve these three items promptly
particularly since HHS plans to process my appointment tomorrow,
June 22. I would like to discuss these issues with you as soon
as possible.
CONSIDERATIONS IN THE ESTABLISHMENT OF AN SES POSITION IN HHS
HHS Assistant Secretary for Personnel Administration, Thomas S. McFee
advised the USOCA administrative staff officer on June 20, 1983 that
he was instructed by John Rogers of the White House Office to
establish a position of Director, United States Office of Consumer
Affairs in HHS at the SES-1 level.
According to the FY 1984 budget, there are 628 SES positions in the
Department -- 548 of these are above the rank of SES-1 and would be
perceived to have a higher degree of responsibility than the Director,
USOCA. Federal government-wide there are 7,861 SES positions, of
which 7,318 are above the SES-1 level. This would strongly suggest
a non-substantive role of consumers in the Administration.
The following is an example of the position levels within the Office
of the Secretary, HHS.
Chief of Staff
SES-6
Executive Secretary
SES-3
Assistant Secretary for Personnel Administration
SES-5
Assistant Secretary for Management and Budget
SES-5
Deputy Assistant Secretary, Budget
SES-4
Director, Division of Budget Policy Management
SES-2
Director, Office of Civil Rights
SES-5
Deputy Director, Office of Civil Rights
SES-4
Deputy Director, Office of Civil Rights
SES-3
Deputy Director, Office of Civil Rights
SES-3
Assistant Secretary for Legislation
EL-IV
Associate General Counsel
SES-4
Deputy Assistant Secretary, Legislation
SES-4
Deputy Assistant Secretary, Legislation
SES-2
Director for Technical Analysis
SES-3
Deputy Director, USOCA
SES-1
Since the creation of USOCA in 1971, the Director has been on the
White House payroll, but the Deputy Directors have always been at the
SES level. Four USOCA Division Directors at the GS-15 level have
salaries in excess of the SES-1 level.
An appointment to the White House staff carries its own badge of
authority in and outside government. On the other hand, within
Federal agencies grade levels are the indicia of position, rank and
authority and the importance of programs.
For the above reasons, it is recommended that the position of Director,
USOCA be at the SES-4 level.
CONSIDERATIONS CONCERNING EXECUTIVE OFFICE BUILDING PASSES
A request has been received from John Roger's office that all
EOB passes issued to U.S. Office of Consumer Affairs employees be
turned in. Currently there are seven EOB passes outstanding; two
for support clerical staff formally located at EOB, two for public
affairs staff whose responsibilities included staffing White House
OPL meetings and events, one for an OCA detailee to OPL as a
Deputy Special Assistant to the President working on women's issues,
one for Mrs. Knauer's deputy and one for an U.S.OCA messenger.
With U.S.OCA's changing role, vis-a-vis the White House, clearly
some of these passes are no longer necessary; however, at least
three of these passes need to remain authorized. This action creates
no new expense for the White House.
Along with the prerogatives of the Special Adviser to the
President for Consumer Affairs is the use of White House complex
?
facilities for meetings and certain ceremonial functions and the
receipt of mail. Additionally, there is an obligation for manager-
ial reporting and the receipt of instructions from the Office of
the Chief of Staff.
Associated with the meeting function is scheduling, clearance
lists, room advance and set-up, clearing attendees at the door,
escorting guests and principals in the complex, and remaining with
the attendees throughout the full course of the meeting (or briefing).
It is unreasonable to expect the Special Adviser to take personal
responsibility for all these functions. The deputy or personal
secretary are suited for these types of duties, but would be unable
to perform them without an EOB pass.
The same type of circumstances arise in the occurance of admin-
istrative liaison with certain ceremonial functions such as south
lawn events and pick-up and delivery. In fact, since the Special
Adviser no longer is physically located in the complex, the need to
elevate the deputy's clearance to White House level is evident.
Certain functions such as management reporting, Roosevelt Room
meetings, and special VIP 7:00 p.m. tours important to the responsi-
bilities and prerogatives acceded to in the new organizational frame-
work of the Special Adviser, will become exceedingly difficult even
with the deputy holding an EOB pass.
The three passes to be retained are those for the deputy, the
Special Adviser's personal secretary and the U.S.OCA messenger.
There is no expense to the White House in approving this action.
Should there be future costs (e.g., changing personnel), as with
other costs previously incurred, they will be assumed through
S.OCA's separate appropriation.
CONSIDERATIONS FOR RETENTION OF
WHITE HOUSE SWITCHBOARD AND 456 EXCHANGE ACCESS
The Office of the Special Adviser to the President for Consumer
Affairs has been relocated from OEOB to a private building two
blocks from the White House complex. There is a need and a precedent
for the Special Adviser to retain White House switchboard and 456
exchange access, thereby necessitating a reassessment of the current
telephone arrangement.
When calling the Special Adviser's former 456 exchange number,
a recording informs callers that they have "reached a non-working
number at the White House" and suggests calling the switchboard if
assistance is desired. This is creating unnecessary confusion.
For example, many women's groups and organizations representing
the elderly with which close working and personal relationships
have developed, and to whom the Special Adviser counts on for the
implementation of the Administration's programs for consumers, have
begun to doubt the relationship with the White House. Additionally,
since the primary audience that acts as the catalyst for accomplish-
ing Administration goals are typically knowledgeable and sophisticat-
ed officials in both the private and public sectors, the ability of
the Special Adviser to convey the importance of a Presidential
program will be greatly hampered, if not dismissed.
This is not a problem for individual consumer inquiries as they
are typically unaware of the connotation and nuances of the 456
exchange. They are satisfied in dealing with the U.S.OCA staff
expert that can address their need.
The 634 exchange currently assigned the Special Adviser is
also the exchange for ACTION, further hampering Washington insiders'
perceptions.
The establishment of one (1) 456 line to the Special Adviser's
office is technically possible and with considerable precedent in
this and previous Administrations. This would be accomplished
without cost to the White House, as U.S.OCA would assume all charges
(as was previously done at the Special Adviser's EOB office)
through its separate appropriation.
THE WHITE HOUSE
WASHINGTON
June 21, 1983
MEMORANDUM FOR:
JAMES A. BAKER III
FROM:
JIM CICCONI
big
SUBJECT:
Infanticide Regulation
For your information:
A revised version of the infanticide regulation, now known
as the "Handicapped Infant Nondiscrimination Regulation,"
is in the OMB clearance process and will soon be issued
for public comment.
A "conspicuous notice" must still be posted by the
hospitals, which will detail the federal protections and
give a "hotline" number at HHS for reporting violations.
The rule also makes clear that infanticide violates
Section 504 of the Rehabilitation Act, and requires states
receiving Section 504 funding to institute procedures for
assuring that handicapped infants denied medical care are
protected by the state.
It should be noted that all references to federal criminal
violations and possible prosecution have been dropped as a
result of our meeting last week.
THE WHITE HOUSE
WASHINGTON
June 21, 1983
MEMORANDUM FOR JAMES A. BAKER, III
FROM:
Jim Cicconi its
SUBJECT:
Peace Corps Country Directors
As you know, consideration has been given to issuing an
executive order that would revoke the delegation of authority
to the Peace Corps Director to name country directors and
return such authority to the President. The reason for
this is dissatisfaction with the degree of cooperation from
Peace Corps on such appointments. The Director has expressed
serious disagreement with the issuance of such an order.
In my view, the main concerns can be met without resorting
to such an order, and in a way that should not unduly burden
Peace Corps. Accordingly, I would suggest the following
compromise for the senior staff's consideration:
1. Action on the proposed executive order will be suspended.
2.
All appointments, reappointments, and extensions of
country directors will be decided by the Director, but
will be subject to prior clearance by Presidential
Personnel. Such clearances will be conducted on the
same basis as for other Presidential appointments.
3.
The Director will undertake to increase the number of
country directors appointed on recommendation of Presi-
dential Personnel (that is, where the names originate
at the White House).
4.
In accordance with the memorandum from the Office of
Legal Counsel, Department of Justice, the Director will
reinstate Ed Curran as Deputy Director of the Peace
Corps with full powers and responsibilities, including
those traditionally exercised by the Deputy Director.
He shall be assured of sufficient staff to carry out
such duties.
5.
Lack of cooperation on the above points shall cause
the White House to reconsider issuance of the executive
order, or to consider other steps designed to address
the points of disagreement.
CC:
John Herrington
Craig Fuller
PEACE CORPS
PRORES
Attachment #1
June 1, 1983
MEMORANDUM
TO
: Loret Miller Ruppe
Director
FROM : Alexander B. Cook
General Counsel
SUBJECT: Director's Authority to Appoint Country Directors
You have asked me to review the legal background and legislative history of
your authority to appoint Country Directors, and the effect of P.L. 97-113 in
this regard. The Peace Corps was established, first by Executive Order 10924
(March 1, 1961), then by the Peace Corps Act (22 U.S.C. 2501 et. seq.) )--signed
into law on September 22, 1961. As part of the Act, in Section 7(c), the
President was authorized to appoint a Director in each host country "to have
direction of other employees of the Peace Corps abroad and oversee activities
carried on under the Act in such country or area."
Following enactment of the law, Executive Order 11041, August 9, 1962
(copy attached), delegated all functions except those reserved to the President
(not. including '(c) authority) to the Secretary of State. The Secretary of
State re-delegated his authority (85-11A--August 1962--copy attached), including
authority to appoint Country Directors, to the Peace Corps Director. Executive
Order 11250, October 10, 1965, an amendment to Executive Order 11041, was issued
to implement personnel change in Peace Corps Act which authorized use of Foreign
Sevice Act authorities to establish a unified personnel system. No change was
made in delegation of authority to appoint Country Director, which remained with
the Peace Corps Director pursuant to the 1962 re-delegation from the Secretary
of State. (See attached letter from Acting Secretary of State George W. Ball,
September 28, 1965).
When Peace Corps was transferred from the Department of State to ACTION,
Executive Order 11603, (July 1, 1971) superseded Executive Order 11041. Section
102 of Executive Order 11603 delegated all authorities previously conferred
on the Secretary of Stateby the latter Order to the Director of ACTION,
including the authority to appoint Country Directors. Executive Order 12137,
May 16, 1979, superseded Executive Order 11603 and returned these authorities to
the Peace Corps Director. This Order (12137) did not reserve to the President
authority to appoint Country Directors.
80806 CORRECTICUT Ave., W.W. Washington, D.C.20526
- 2
Section 601 (J) (2), P.L. 97-113, December 29, 1981, which est-tlished
Paace Corps as an Independent agency stated "The Director of the Peace Corps
shall continue to exercise all the functions under the Peace Corps Act or any
other law or authority which the Director was performing on December 14, 1981.
(Emphasis added--Underlined language added by Conference Committee-see
Conference Report 97-413 (copy attached)). The Conference Report indicates the
intent of this provision is "to supersede the authority under Section 4 (b) of
the Peace Corps Act to withdraw any authority which had been delegated to the
Director of the Peace Corps on December 14, 1981." This brief explanation
was amplified during the Senate floor debate on the Conference Report by Senator
Alan Cranston (the author of the language included in this bill). Cranston's
statement, appearing at P. S15299, December 15, 1981, reads:
Third, the conference agreement contains a provision--
derived from the House amendment--requiring that the
Director of the Peace Corps continue to peform the
functions the Director was peforming on December 14, 1981--
the date the conference reached agreement on this bill.
In other words, the President would not be authorized
to withdraw from the Director of the Peace Corps responsi-
bilities which had previously been delegated to the
Director of the Peace Corps.
This is the only reference during debate in either House to the language of
this amendment to Section 601 agreed to by the Conferees.
Since the authority to appoint CDs have been delegated to the Peace Corps
Director by Executive Order 12137, and was in effect on December 14, 1981, there
is a strong presumption that Congress intended this authority remain vested in
the Peace Corps Director, not subject to withdrawal by the President. This
appears valid dispite the fact that the Peace Corps Act still refers to "the
President" in several sections (including 7(c)) setting forth authority to carry
out specific functions under the Act.
Upon review of the history of this authority, it is clear that since the
inception of the Peace Corps, the Director of the Peace Corps (or ACTION between
1971 and 1979) had always been delegated authority to appoint Country Directors.
P.L. 97-113 appears to preserve this authority in your office.
Attachments
5,
FEDERAL REGISTER
Executive Order 11041
CONTINUANCE AND ADMINISTRATION OF THE PEACE CORPS IN THE
DEPARTMENT OF STATE
By virtue of the authority rested in me by the Pence Corps Act
(75 Stat. 012), and as President of the United States, it is hereby
ordered as follows:
PART I-DELEGATION OF FUNCTIONS AND ALLOCATION OF FUNDS
SECTION 101. Delegation of functions to the Secretary of State.
(n) Exclusive of the functions otherwise delegated or reserved to
the President by this order, and subject to the provisions of this order,
there are hereby delegated to the Secretary of State all functions con-
ferred upon the President by the Act.
(b) The function of determining the portion of living allowances
constituting basic compensation, conferred upon the President by
Section 912 (3) (D) of the Internal Revenue Code of 1954, is hereby
delegated to the Secretary of State and shall be performed in consulta-
tion with the Secretary of the Treasury.
(c) The functions of prescribing conditions, conferred upon the
President by the second sentence of Section (e) and the concluding
phrase of Section 6(3) of the Act and hereinabove delegated to the
Secretary of State. shall be exercised in consultation with the head of
the United States Government agency responsible for the facility.
SEC. 102. Continuance of the Pcace Corps. (a) The Secretary
of State shall take such action as may be appropriate to continue in
existence under the Act the Peace Corps established as an agency
in the Department of State pursuant to Executive Order No. 10924
of March 1, 1961 (20 F.R. 1789).
(b) The Pence Corps shall be headed by the Director for whom
provision is made in Section 4 (a) of the Act. The Deputy Director,
for whom provision is made in Section 4(a) of the Act, shall also
serve in the Peace Corps.
SEC. 103. Allocation and transfer of funds. All funds appropri-
ated or otherwise made available to the President for carrying out
the provisions of the Act shall be decemed to be allocated without any
further action of the President to the Secretary of State or to such
subordinate officer as he may designate. The Secretary of State or
such officer may allocate or transfer, as appropriate, any of such
funds to any United States Government agency or part thereof for
obligation or expenditure thereby consistent with applicable law.
SEC. 104. Delegation of functions to the Civil Service Commission.
There is hereby delegated to the Chairman of the Civil Service Com-
mission, with respect to the laws administered by the Commission,
the function conferred upon the President by that portion of Sec-
tion 5 (f) (1) (B) of the Act which reads "except as otherwise deter-
mined by the President"
PART II- RESERVED FUNCTIONS
SEC. 201. Reservation of functions to the President. There are
hereby excluded from the delegations made by Part I of this order
the following-described functions of the President:
(a) All authority conferred upon him by Sections 4(b), 4(c) (2),
4 (c) (3), 10(d), 11, 10 (b), and 1S of the Act.
(b) The authority conferred upon him by Section 4 (a) of the Act
to appoint the Director and the Deputy Director of the Pence Corps.
(c) The authority conferred upon him by that portion of Section 5
(f) (1) (B) of the Act which reads "except as otherwise determined by
the President" except as otherwise provided in Section 104 of this
order and except to the exient that such authority is in of
the Foreign Service Act of 1946.
(d) The authority conferred upon him by Section 10 (f) of the
Act to direct any agency of the United States Government as provided
in that section.
THE PRESIDENT
(c) The authority conferred upon him by Section 12 of the Act
to appoint persons to membership in the Pence Corps National Ad-
visory Council and to determine the length of service of the members
of that Council.
(f) The authority conferred upon him by Section 19 of the Act to
adopt and alter an official seal or emblem of the Pence Corps.
(g) The authority conferred upon him by the first sentence of Sec-
tion 22 of the Act to establish standards and procedures to the extent
not inconsistent with the proviso of Section 303 of this order.
PART III-INCIDENTAL PROVISIONS
Src. 301. Personnel. Persons appointed, employed or assigned after
May 19, 1959, under Section 527 (c) of the Mutual Security Act of
1954 or Section 7(c) of the Act for the purpose of performing func-
tions under such Acts outside the United States shall not, unless other-
wise agreed by the agency in which such benefits may be exercised,
he entitled to the benefits provided by Section 528 of the Foreign
Service Act of 1946 in cases in which their service under the appoint-
ment, employment or assignment exceeds thirty months.
SEC. 302. Determination Pursuant to Section 10 (d) of the Act, it
is hereby determined to be in furtherance of the purposes of the Act
that functions authorized thereby may be performed without regard
to the applicable laws specified in Sections 1 and 2 and with or without
consideration as specified in Section 3 of Executive Order No. 107S4
of October 1, 195S (23 F.R. 7691) but, except as may be inappropriate,
subject to limitations set. forth in that order.
Sec. 303. Security requirements. (a) Pursuant to Section 22 of
the Act, Executive Order No. 10450 of April 27, 1953 (1S F.R. 24S9)
is hereby established as the standards and procedures for the employ-
ment or assignment to duties of persons under the Act: Provided,
That the Secretary of State may establish such additional standards
and procedures with respect to the employment or assignment to duties
of volunteers as he may deem necessary to accomplish the purposes of
the Act.
(b) Nothing in Section 303 (a) hereof or in Executive Order No.
10450 or in any other Executive order heretofore ed shall affect the
exercise of the authority conferred upon the President by Section 5 (i)
of the Act.
Sec. 304. Definitions. (a) As used in this order the words "the
Pence Corps Act" and the words "the Act" mean Title I of "An Act
to provide for a Peace Corps to help the peoples of interested countries
and areas in meeting their needs for skilled manpower" (Public Law
S7-293, approved September 22, 1961 ; 75 Stat. 612 et seq.).
(b) As used in this order, the words "volunteers," "function,"
"United States," and "United States Government agency" shall have
the same meanings, respectively, as they have under the Act.
SEC. 305. References to orders and acts. Except as may for any rea-
son be inappropriate:
(a) References in this order to (1) "the Peace Corps Act" or "the
Act", (2) any other Act, or (3) any provision thereof shall be deemed
to include references thereto, respectively, as amended from time
to time.
(b) References in this order, or in any other Executive order, to
this order or to any provision thereof shall be deemed to include
references thereto, respectively, as amended from time to time.
(c) References in this order to any prior Executive order not super-
seded by this order shall be deemed to include references thereto as
amended from time to time.
SEC. 306. Superseded order. Executive Order No. 10024 of March
1, 1961 (26 F.R. 1789) is hereby superseded.
Thursday, August 9, 1082
FEDERAL REGISTER
TEC1
Sec. 307. Saving provisions. Except to the extent that they may
be inconsistent with this order, all determinations, authorizations,
regulations, rulings, certificates, orders, directives, contracts, Age
ments, and other actions made, issued or entered into with respect
any function affected by this order and not revoked, superseded, or
otherwise made inapplicable before the date of this order shall continue
in full force and effect until amended, modified, or terminated by
appropriate authority.
Joun F. KENNEDY
THE WHITE HOUSE,
August 6, 1902.
[F.R. Doc. C2-S022; Filed. Aug. 7, 1002; 1/2 :58 p.m.]
[27 F.R. no. 154, p. 7859-7861, August 9, 1962]
ISSUED
PUBLIC NOTICE
DEPARTMENT OF STATE
EFFECTIVE
DELEGATION OF AUTHORITY NO. 85-11A
SUBJECT: Delegation of Functions Under the Feace Corps Act
By virtue of the authority vested in DO by Executive Order No.
11041 of August 6, 1962, (27 F.R. 7859), the Posce Corps Act
(75 Stat. 612) (hereinafter "the Act"), section 4 of the Act of May
25, 1949 (63 Stst. 111), and ES Secretary of State, 1t is ordered
08 follows:
Section 1. Continuance of the Feace Coros. There is hereby
continued in adstance under the Act as En agency in the Department
of State the Fesce Corps established by Delegation of Authority To.
85-11 of March 3, 1961 (26 F.R. 2196), purcuant to Executive Order
lb. 10924 of March 1, 1961 (26 F.R. 1789), with the records, prop-
crty, functions, personnel, positions and funds thereof. The Peace
Corps shall be beaded by a Director as provided in section 102(b)
of Executive Order No. 11041. The Deputy Director of the Peace:
Corps shall exercise-such functions as the Director deems appro-it
priate.
Section 2. Functions of the Director of the Pence Corns.
(a) Exclusive of the functions otherwise delegated or reserved
to the Secretary of State herein, there era hereby delegated to the
Director:
(1) The functions conferred upon the Secretary of State
by the sections 101 and 303 of Executive Order No. 11041.
M-219
- 2 -
(2) The functions conferred upon the Secretary of Stats
by the second sentence of section 9 of the Act.
(3) The functions conferred upon the Secretary of State
under af provision of lev, other than the Lct and the Foreign
Service Lot of 1946, pertaining specifically, or generally appli-
cable, to Foreign Service Reserve officers, Foreign Service Staff
officers and employees, and alien clorks and employees, including
the authority to prescribe or issue regulations, orders, 271 in-
structions in pursuance of such previsions of lev.
(4) The functions conferred upon the Secretary of State
by the lest sentence of section 402 of the Federal Property and
Administrative Services Act of 1949 (63 Stat. 398) to the extent
they relate to functions under the Act delegated to or vested in
the Director.
(b) The authority of the Foreign Service Lct of 1946 to appoint,
employ, and essign personnel, which the Director is authorized to
exercise pursuant to section 7(c) (2) of the Lct, and the provisions
of the Foreign Service Lct which shall apply to personnel 50
appointed or assigned, shell consist of:
(1) The authority available to the Secretary of State
under the Foreign Service Act of 1946 (including section 571 of that
Lct) relating to Foreign Service Reserve officers, Foreign Service
Staff officers End employees, and alien clerks end employees.
(2) The authority available to the Secretary of State
under sections 1021 through 1071 of the Foreign Service Act of 1945.
- 3 -
(3) The authority evailable to the Board of Foreign
Service under the Foreign Service Act of 1945.
(4) The authority to prescribe or issue in pursuance of
the Foreign Service Act of 1946 and the Lct, such regulations,
orders, and instructions, ES Eay be incidental to, or necessary
for, or docirable in cornection with, the carrying out of the
provisions of section 7(c)(2) of the Lot or the provisions of
this Delegation of Authority.
(5) The prohibitions contained in sections 1001 through
1005 of the Foreign Service Act of 1946.
(c) The concurrence of the Secretary of State shall be
required with respect to the exercise by the Director of SO much
of the functions herein delegated pursuant to section 7(c)(1) of
the Act as consists of the authorization of compensation at Eng of
the rates provided for the Foreign Service Reserve and Staff by
the Foreign Service Act of 1945 for persons employed or assigned
by United States Government agencies, other than the Peace Corps.
Section 3. Allocation of famis. The Director is designated
23 the officer to when all funds appropriated CI otherwise made
available to the President for carrying out the provisions of the
hct shall be deemed to have been allocated by section 103 of Ixe-
cutive Crier Ro. 11041.
Section 4. Functions reserved to the Secretary of State or
otherwise provided for. There are hereby reserved to the Secretary
of State:
- :-
(E) The functions of finding the rates of compensation of the
Director and Deputy Director of the Peace Corps conferred upon the
President by section <(a) of the Act.
(b) The functions with respect to the Foreign Service Act of
1946 conferred upon the President by section 5(1)(1)(E) of the Lot.
(c) The functions of negotisting, concluding and terminsting
international agreements under the Act.
Section 5. Suppessive deleration of functions. The Director
FCY, to the extent consistent with lew, delegate or assign any of
the functions delegated or assigned to Mm b, this Delegation of
Authority and authorize any of his subcrdinates to Was functions
CJB SO delegated CT assigned successively to redelogate or reaceign
any of such functions.
Section 6. Pules end remilations. The Director my promulgate
from time to tire, to the extant consistent with lev, such rules
and regulations as my be necessary and proper to carry out Eng of
his functions.
Section 7. General provisions.
(a) Any reference in this Delegation of Authority to any
Act, order, or delegation of authority shall be doesed to te a
reference to such Lct, order, or delegation of authority as
amended from time to time.
(b) This Delegation of Authority supersedes Delegation of
Authority No. 85-11 of March 3, 1961 (25 F.P. 2195) and Refelegation
of Authority Ko. 85-103 of March 4, 1961 (26 F.R. 2196); Provided,
That all determinations, authorisations, regulations, rulings,
- 5 -
certificates, orders, directives, contracts, agreements, and other
actions rade, issued, or entered into with respect to any functions
affected by this Delegation of Authority, and not revoked, super-
soded, or otherwise zzde imapplicable before the effective date
of this Delegation of Authority shall continue in full force and
effect until amended, modified, or terminated by appropriate
authority.
(c) Notwithstsnding any provisions of this Delegation of
Authority, the Secretary of State may at any tico exercise any
function delegated by this Delegation of Authority.
(d) This Delegation of Authority shall be deemed to have
become offective 01 August 6, 1962.
Date: August
1962
Secretary of State
I.
TO
RM/R
V
L
FILE
S/S 15184
SEP 28 1965
DATE
Dear Mr. Schultze:
I an enclosing for inter-agency clearance and
for signature by the President = proposed Executive
Order relating to the Peace Corps. The proposed
crder would serve three purposes.
First, It would permit redelegation by me to
the Peace Corps Director of the functions authorized
by Public Law 89-134, approved August 24, 1965, re-
lating to reorgenication of the Peace Corps person-
nol system along foreign service lines. Those
authorities are contained in section 5(b) of the
August 24 Act.
Second, it would clarify the authority of the
Peace Corps to carry out the functions of the Board
of Foreign Service and Board of Foreign Service
Examiners to the extent such functions relate to
the Peace Corps' own personnel system. Reorganiza-
tion Plan 4 of 1965 vested the functions of these
two Boards in the President, and a specific re-
delegation for purposes of the Peace Corps Act is
considered necessary.
Finally, Executive Order No. 11223 of May 12,
1965, superseded Executive Order No. 10784, which
The Honorable
Charles L. Schultze,
20
Director, Bureau of the Dudget.
S/S PK
A Time Copy
- 2 -
specified certain general laws relating to public
contracts and public funds which, when 00 specified,
by law need not be swilled to foreign assistance
programs. The Peace Corps depended upon Executive
Crder 10784 for the same authority; however, through
indivertence, the superseding order specifying laws
which need not be applied was not extended to the
Poace Corpo. The presently proposed order would
remedy that omission.
Sincerely yours,
"/c/ GEORGE W. BALL
Acting Secretary
Enclosure:
Proposed Executive Order.
L/E: KEMalmborg: eb 9/22/65 Retyped in S/S-S:ke 9/27/65
TABLE
15.1 iv
97TH CONGRESS
}
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 97-413
INTERNATIONAL SECURITY AND DEVELOPMENT
COOPERATION ACT OF 1981
DECEMBER 15, 1981.-ORDERED TO BE PRINTED
Mr. ZABLOCKI, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 1196]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 1196) to
amend the Foreign Assistance Act of 1961 and the Arms Export
Control Act to authorize appropriations for development and secu-
rity assistance programs for the fiscal year 1982, to authorize ap-
propriations for the Peace Corps for the fiscal year 1982, and for
other purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the Senate recede from its disagreement to the amendment
of the House to the text of the bill and agree to the same with an
arvendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment insert the following:
SHORT TITLE
SECTION 1. This Aci may be cited as the "International Security
and Development Cooperation Act of 1981".
TITLE I-MILITARY SALES AND RELATED PROGRAMS
REPORTS TO THE CONGRESS
SEC. 101. (a)(1) Section 3(d)(1) of the Arms Export Control Act is
amended-
(A) in the text preceding subparagraph (A) by striking out "to
a transfer of a defense article, or related training or other de-
fense service, sold under this Act and may not give his consent
76
and organizational units in the Peace Corps as such personnel were
assigned to immediately before the date of enactment; (3) the col-
lective-bargaining agreements in effect on the date of enactment
covering transferred personnel shall continue to be recognized
until the termination date of such agreements or until a mutual
modification by the parties otherwise specifies; (4) transferred per-
sonnel shall be given Foreign Service appointments under the au-
thority of section 7(a)(2) of the Peace Corps Act except that no
transferred employee may be so appointed without his or her con-
sent until 3 years after the effective date and the Foreign Service
appointment of each transferred employee holding a career or
career-conditional appointment at grade 8 or below of the General
Schedule would not be subject to the 5-year appointment limitation
contained in section 7(a)(2)(A) of the Peace Corps Act or other time
limitation; and (5) the basic rate of compensation for persons ap-
pointed under these provisions would not be permitted to be re-
duced below the rate received by such person immediately prior to
the effective date of such person's appointment.
The House amendment does not contain similar provisions.
The conference substitute is similar to the Senate provision, but
also specifies that such appointments may take place notwithstand-
ing the provisions of clause (B) of section 7(a)(2) of the Peace Corps
Act.
The committee of conference notes that the provisions in the
Senate bill relating to the transfer of employees are derived from
section 5 of Public Law 89-134, establishing the unique, unified
Peace Corps personnel system, and should be implemented in simi-
lar fashion.
Functions of the Director of the Peace Corps
The House amendment (sec. 3(c)(2)) provides that the Director of
the Peace Corps shall continue to exercise all the functions under
the Peace Corps Act which the Director was performing on the day
before the date of enactment.
The Senate bill does not contain a comparable provision.
The conference substitute provides that the Director of the Peace
Corps shall continue to exercise all the functions under the Peace
Corps Act which the Director was performing on December 14,
1981. The effect of this provision would be to supersede the authori-
ty under section 4(b) of the Peace Corps Act to withdraw any au-
thority which had been delegated to the Director of the Peace
Corps on December 14, 1981.
Reports
The Senate bill (sec. 506) requires, not later than the 30th day
after enactment, the Director of the Office of Management and
Budget to submit to the appropriate committees of Congress and to
the Comptroller General a report regarding the steps taken to im-
plement the separation of the Peace Corps from ACTION, and pro-
vides for the Comptroller General, not later than 45 days after en-
actment, to report to such committees whether determinations
made by the Director of the Office of Management and Budget
were equitable.
The House amendment contains a similar provision, but requires
the report to be made only to the appropriate committees of the
PEACE CORPS
PEACE CORPS
Attachment #2
Peace Corps Country Director Appointments
Since 2-81
7 of 8 "Must Hires" have been placed.
Since 1-82
Total Appointed
24
Referred by Presidential Personnel Office
14
Referred by Republican Officials
5
Professionals
5
Cleared by Presidential Personnel Office
24
Since 6-81
Total Appointed
35
Referred by Presidential Personnel Office
15
Referred by Republican Officials
7
Professionals
13
Cleared by Presidential Personnel Office
33
Cleared by White House Political Office
1
Since 2-81
Total Appointed
43
Referred by Transition Team
6
Referred by Presidential Personnel
15
Referred by Republican Officials
7
Cleared by Presidential Personnel
35
Cleared by White House Political Office
7
806 Connecticut Ave., N.W. Washington, D.C. 20526
PEACE CORPS
PEACE CORPS
Attachment #3
June 3, 1983
A PROPOSAL TO IMPROVE THE COUNTRY DIRECTOR APPOINTMENT PROCESS
Peace Corps currently has 45 Country Director Positions authorized
supervising 64 countries throughout the world. Most of the CD's are
appointed for a 30-month tour, though for a variety of reasons some are
appointed for a shorter term. In any given year, up to 20 completions of
tour or vacancies occur with most changes taking place in the May/June
period. Traditionally, during the past 20 years outstanding CD's have
been offered a second tour of 30 months and in some instances extended
for a sixth (6th) year. Changing overseas staff is very costly. In
an effort to maximize resources, CD's and other overseas staff should be
reappointed or extended where it is in the best interests of the Peace Corps.
As with other Peace Corps employees, CD's are subject to the five (5)
year rule precluding a permanent or long term assignment as a CD. (There
is no career opportunities in Peace Corps under the present legislation).
Two thirds of our overseas staff are host country nationals and perform a
very valuable service to Peace Corps. Our American staff in country
usually have less than 3 years service, many being on their first tour.
In countries where the American staff, including the CD, have more
experience the program tends to be more effective and costly volunteer
turnover reduced.
Peace Corps must not jeopardise the established country program and the
safety and welfare of the Volunteers by permitting a CD's employment to
expire, thus being subjected to the "in/out" rule, leaving a country
without an experienced American Director.
It is in the best interests of the Reagan Administration and the Peace Corps
to have the most effective program in country, therefore I am proposing
that the following plan be adopted in connection with CD appointments:
1. Executive Talent Search begin the recruiting cycle six (6) months before
the completion of the CD's tour. This will give adequate notice to
the Peace Corps International Operations and White House Presidential
Personnel.
2. Where the CD has performed an outstanding job, he/she should be considered
for a second tour as CD or possibly a sixth year extension in some
other vacant management capacity at Peace Corps headquarters.
806 Connecticut Ave., N.W. Washington, D.C. 20526
- 2 -
3. Many CD's will have already been cleared, by White House Presidential
Personnel. They should remain eligible for reappointment if they
have performed adequately.
4. In circumstances where the incumbent CD would not be considered by
White House Presidential Personnel for a full 30-month reappointment,
but no qualified replacement has been found, the Peace Corps Director
may extend the incumbent in 6-month increments while Talent Search
Continues to recruit.
In summary, this approach is the most professional one and is in the
best interests of the Reagan Administration and the Peace Corps. In
view of the current serious vacancy problem Peace Corps faces, I recommend
we adopt this approach immediately.
DRAFT
EXECUTIVE ORDER
THE PEACE CORPS
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Peace Corps Act, as amended (22 U.S.C. 2501 et
seq.), it is hereby ordered that Section 1-301 of Executive
Order No. 12137, as amended, is further amended by adding
the following new subsection:
" (f) The authority conferred by Section 7 (c) of the
Act (22 U.S.C. 2506 (c)) to appoint Peace Corps Country
Directors. " .
THE WHITE HOUSE,
DRAFT
FACT SHEET
The President today signed an Executive Order which rescinded
a previous delegation of authority to the Director of the
Peace Corps to appoint Country Directors, who are the employees
that oversee all the activities of the Peace Corps in the
countries in which its volunteers serve. To indicate his
interest in the Peace Corps, the President wishes to increase
the prestige and status the Country Directors will enjoy in
foreign countries by having these persons appointed directly
by him.
My suggestions re country directors and the proposed executive
order are as follows: There shall be an administrative hold on
implementing the proposed executive order. Conditions as follows:
1. All appointments, reappointments, and extensions of country
directors by Ruppe are subject to clearance by Presidential
Personnel. Ruppe and Presidential Personnel shall establish
a close working relationship on selection and appointment of
country directors. Disagreements, if any, on the selection
of country directors shall be brought to the attention of
the Senior Staff for resolution.
2.
Ruppe agrees to reinstate Ed Curran as the Deputy Director of
Peace Corps with full powers and authority. Ruppe and Curran
agree to affirmatively work together in a close and harmonious
manner, jointly supporting and furthering Administration's
goals, policies and initiatives. Ruppe agrees to insure that
her assistants, in particular Dave Scotton, will recognize
the status and authority of the Deputy as a Presidential
appointment. Any allegations of disloyalty or non-performance
against Curran shall be brought to the attention of the
Presidential Personnel Office to be resolved at the Senior
Staff level.
TO: JOHN HERRINGTON
My suggestions re country directors executive order
are as follows:
1. Suspend action toward implementing the order.
2. Make clear that all appointments and reappointments
of country directors by Ruppe are subject to clearance
by Presidential Personnel.
3. Receive verbal agreement from Ruppe to increase the
number of country directors appointed by recommendation
from Presidential Personnel (i.e. where the name origin-
ates in Personnel; this is distinct from Peace Corps
nominees simply cleared by Personnel under point #2).
4. Implicit in the overall agreement is that lack of
cooperation from Peace Corps on implementation of
points #2 and #3 above would cause the option of an
executive order to be reconsidered by the WH.
Let me know what you think.
Thanks.
JC
THE WHITE HOUSE
WASHINGTON
distead of re- desig:
make clear that
1
all subj. to OK of Pres. pers.
2
verbal agreemt to incr.
# apptd of Pres Pers. nominees
3
Implicit that lack of coop
from Peace Cps would cause
EO option to be reconsidered
4
THE WHITE HOUSE
WASHINGTON
June 9, 1983
MEMORANDUM FOR EDWIN MEESE III
JAMES A. BAKER III
MICHAEL K. DEAVER
FROM:
CRAIG L. FULLER X
SUBJECT:
Peace Corps Response on Country Director
Executive Order
Following our discussions about the proposed executive order
regarding Peace Corps Country Directors, I requested the
views of the Agency through the normal staffing process. The
views of the Peace Corps director are contained in the
attached memorandum.
The following points are made:
1.
At the present time the only "Presidential appointee" at
the Peace Corps is the Director and the only
"Presidential appointee in the Peace Corps countries is
our Ambassador. Making the Peace Corps Country Director
a Presidential appointee would alter the nature of the
relationships among Peace Corps personnel, ambassadors
and AID administrators.
It is pointed out that the delegation of authority to
appoint Peace Corps Country Directors was made to the
Peace Corps by executive order on August 9, 1962-21
years ago.
2.
Adverse legislative action could be triggered by the
executive order since, according to Peace Corps, the
Congress has intended to keep the appointment of Country
Directors at least partially removed from the White
House.
3.
Other issues are raised in the attached memo related to:
management, intelligence gathering concerns and cost.
Finally, the Peace Corps has outlined a procedure to improve
the Country Director appointment and clearance process
without the change in the delegation of authority
contemplated by the proposed executive order.
In my view, the Peace Corps response raises several important
points. The draft executive order has not been reviewed by
State or AID and since they would be affected, they should
have an opportunity to comment if you wish to proceed.
If it is your collective judgement to send the draft
executive order forward, I will finish my staffing process
and prepare a summary of the agency and department views for
the President.
Please advise.
ACTION:
Assemble White House and agency views and prepare
the proposed executive order for review by the
President (RGD & CLF).
Take no further action on the executive order.
Hold the proposed executive order for further
discussion.
CC: Richard G. Darman
John Herrington
PEACE CORPS
PEACE CORPS
To: Craig Fuller, Assistant to the President
From:
Loret
Luve
Ruppe, Director of the Peace Corps
Date: June 3, 1983
This is in response to your request for comment on Peace Corps:
Executive Order re: Country Directors received at 5:15pm Friday,
May 27, 1983.
Since August 9, 1962 by Executive Order 11041 the authority to
appoint Peace Corps Country Directors has been delegated by the
President to the Peace Corps Director, a Presidential Appointee.
The draft Executive Order referred to above would remove this
delegation of authority from the Peace Corps Director.
I strongly oppose this change in the delegation of authority
for the following reasons:
1) The dynamics of "Country Team" relationships as well as
relationships with other U.S. agency heads overseas -- particularly
AID administrators -- would surely be adversely affected by this
change. Currently the only Presidential appointee in each country
is the Ambassador. To inject the Peace Corps Country Director into
this U.S. contingent as a Presidential Appointee would create
confusion and could be potentially destructive to the current
relationships which are working for the Peace Corps program in
particular and the U.S. Mission in general.
2) Perceived role of Peace Corps Country Directors. The U.S.
has, since the establishment of Peace Corps, benefited from the
"non-political" nature of its program. In the field, at both the
Host Country ministry and village level, the U.S. has been praised
because of the people-to-people nature of the Peace Corps program
with no short term foreign policy objectives. As such it has scored
enormous gains and has been embraced more fully than many other U.S.
efforts overseas. To place Country Director overseas who are given
high visibility as Presidential Appointees would not only call into
question the successes of the past but most certainly risk the
potential of the future.
806 Connecticut Ave., N.W. Washington, D.C. 20526
3) The Peace Corps Director is responsible for managing
the agency and its programs. Country Directors report to a
Regional (area) Director, and through an Associate Director for
International Operations to the Director. Only the Peace Corps
Director is a Presidential Appointee. If Country Directors are
appointed directly by the President, it would be difficult, if
not impossible for the Peace Corps Director to manage and direct
country programs, when the person responsible for that program
has been directly hired by someone else. Differences of opinion
between a Country Director and the Agency Director could end up
in the White House for resolution.
Such a situation would frustrate management efforts within
the agency, and fragment actual responsibility for the program,
which could do nothing but harm the agency and be a continuing
source of problems and possible political embarrassment.
4) Potential for legislative action. It is probable that
an anti-Administration coalition on the hill opposing this move
would be formed arguing that it is an attempt to politicize a
program which since its inception has enjoyed an apolitical image
due to its people-to-people approach. A review of the legislative
history and Senator Cranston's involvement, seems to bear this out.
(See attachment #1) It was suggested last year by the Chairman of
the House Foreign Affairs Committee to require advice and consent
of the Senate on Country Directorships. This would be cumbersome,
given the needs of the program and could have negative political
implications for the Administration disproportionate to the one
cited advantage of drawing direct appointment authority into the
White House. Debate of the issues could be as politically damaging
as any actual legislative action in this direction. It could become
an issue in the upcoming campaign.
5) The risk of being related to intelligence gathering
activities. The integrity of the Peace Corps program, which has
since its beginning been separated from intelligence gathering
activities, could be potentially suspect under the new appointment
system. This issue has already been raised twice, painfully, on
the Hill since 1981, and is a very sensitive issue.
6) The new system is potentially more costly. Experience
has shown that inexperienced "must-hires" generally need additional
back-up personnel who are programmatically and professionally
experienced in development activities. "Must-hires" would certainly
increase under the new appointment system thus producing the need
for additional staff and increasing financial tensions in a period
of tight budget restraints.
In general, because of the above reasons, it is my opinion
that this proposal could create serious programmatic difficulties
and could potentially be an embarrassment for the President. The
current system is working and has proper "checks and balances" to
assure that all concerns are met. Peace Corps has recruited and
placed 43 Country Directors since February 1981 working closely
with White House Presidential Personnel. (See attachment 2)
As you know, we agree that some "fine tuning" needs to be worked
out with Presidential Personnel as outlined in attachment #3.
The U.S. would stand to lose many years of goodwill it has worked
hard to achieve in countries critical to U.S. interests around the
world.
Therefore, I recommend against this proposal.
THE WHITE HOUSE
WASHINGTON
June 21, 1983
MEMORANDUM FOR:
JAMES A. BAKER III
FROM:
JIM CICCONI I in
SUBJECT:
Cost Sharing on Water Projects
A decision memo is going forward to the President which
recommends that non-federal financial participation be
required in virtually every type of water project. This
is a highly controversial subject, and such a proposal is
sure to cause problems on the Hill.
In short, the CCNRE working group has proposed that the
non-federal share of capital costs for various types of
water projects be roughly as follows:
Type
Non-Federal Share
Flood protection and drainage
At least 35%
Agriculture (irrigation, etc.)
At least 35%
Recreation
50%
Municipal, industrial, hydro-
100%
electric, fish and wildlife
conservation, etc.
It should be noted that most types of water projects have
a combination of purposes; thus the exact proportion of
costs shared would be subject to negotiations.
The two options for Presidential decision are:
1.
Immediately publish the cost sharing guidelines,
implementing them as Administration policy; or
2.
Announce the guidelines as an "interim statement
of policy," with the agencies then directed to
begin consultations with Congress prior to
permanent approval.
The agencies with a direct interest -- Interior, OMB, and
the Corps of Engineers -- all recommended the second option.
If you want, I can provide more details on this subject.
THE WHITE HOUSE
WASHINGTON
June 21, 1983
TO: RGD
Regarding the decision memo on
water project cost sharing, JAB
suggests that it would be better
to consult with the Congress
before announcing the guidelines
(even on an interim basis) He
mentioned that this is similar
to the problem Jimmy Carter found
himself in when he attacked water
projects without adequate consult-
ations. In this case, we will no
doubt face especially strong op-
position from the western states
and their delegations.
Thanks.
An Jim Cicconi