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[JGR/Appointee Clearances - 08/01/1985-08/28/1985]
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[JGR/Appointee Clearances - 08/01/1985-08/28/1985]
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: [JGR/Appointee Clearances - 08/01/1985-08/28/1985] Box: 3 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ Ronald Reagan Library Collection Name ROBERTS, JOHN G.: FILES Withdrawer CAS 8/25/2005 File Folder [JGR/APPOINTEE CLEARANCES - 08/01/1985-08/28/1985] FOIA F05-139/01 Box Number COOK 21 KDB Doc Doc Type Document Description No of Doc Date Restrictions No Pages 1 MEMO J. ROBERTS TO FRED FIELDING RE 2 8/29/1985 B6 375 PROSPECTIVE APPOINTEES (PARTIAL) 2 MEMO ROBERTS TO RICHARD HAUSER RE 1 8/16/1985 B6 376 PROSPECTIVE NOMINEE (PARTIAL) 3 MEMO ROBERTS TO DIANNA HOLLAND RE 2 8/20/1985 B6 377 PROSPECTIVE APPOINTEE (P. 1 PARTIAL, P.2 CLOSED) 4 MEMO ROBERTS TO HAUSER RE KENNEDY 1 8/19/1985 B6 812 CENTER FOR THE PERFORMING ARTS ADVISORY COMMITTEE (PARTIAL) 5 MEMO HAUSER TO ROBERT TUTTLE RE 1 8/19/1985 B6 814 KENNEDY CENTER FOR THE PERFORMING ARTS ADVISORY COMMITTEE (PARTIAL) 6 MEMO HAUSER TO TUTTLE RE KENNEDY 1 8/19/1985 B6 817 CENTER FOR THE PERFORMING ARTS ADVISORY COMMITTEE (PARTIAL) 7 MEMO ROBERTS TO FIELDING RE 1 8/22/1985 B6 820 AMBASSADOR TO FINLAND Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. THE WHITE HOUSE WASHINGTON August 5, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS 822 SUBJECT: Return of Nominations by the Senate A considerable amount of confusion has arisen recently surrounding the return by the Senate of some but not all pending nominations, and the purported effect of this on the President's authority to make recess appointments, and the ability to pay such recess appointees. The long and short of it, however, is that what the Senate has done has no effect whatever on our flexibility in making recess appoint- ments and paying recess appointees. Senate Rule 31 (6) provides, in part, that: if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President. It is customary practice, however, for the Senate to suspend the Rule during intrasession recesses for most nominations, simply to ease the paperwork burden of sending them back and having the President resubmit them. The paperwork burden can be particularly severe with the routine military pro- motions. It is also customary to select some nominations to be returned pursuant to the Rule, even though the Rule is suspended for most nominations. The nominations that are sent back are those that are controversial in some way, at least to the extent that unanimous consent cannot be obtained to waive the Rule with respect to them. In this case, unanimous consent was obtained to leave all pending nominations in statu quo -- i.e., to waive Rule 31 with respect to all nominations -- except those of Rosalie Silberman, Charles A. Trabandt, James W. Spain, Winston Lord, Raymond D. Lett, Richard H. Francis, Ann Brunsdale, Helen Marie Taylor, William McGinnis, Sidney Lovett, Richard John Neuhaus, W. Bruce Weinrod, John Norton Moore, and Brad Reynolds. This procedure is not unusual. - 2 - What was unusual in this instance is that the Senate parliamentarian decided that those nominations that were to be returned -- the individuals listed above -- should not be returned until 30 days of recess had actually elapsed. His reasoning was that the resolution of adjournment adopted on August 1 provided that the Leadership could reassemble the Congress if circumstances warranted. If this occurred, the parliamentarian reasoned, the Senate may not in fact be out more than 30 days, and Rule 31 may not apply. This reasoning seems very flawed, particularly since the President may at any time reconvene the Congress. In any event, there is no effect on the President's ability to make recess appointments under the Constitution, so long as the vacancy exists in the office during the recess. The Pay Act purports to prohibit payment of recess appointees, unless, inter alia, a nomination was pending when the Senate recessed. Even under Rule 31 nominations are not sent back until after the Senate recesses, so the Pay Act is not affected by any maneuvering under Rule 31. NOMINATIONS 4. Nominations confirmed or rejected by the Senate shall not be returned by the Secretary to the President until the expiration of the time limited for making a motion to reconsider the same, or while a See "Executive Business and Executive Sessions," pp. 665-673. motion to reconsider is pending unless otherwise ordered by the Senate. 5. When the Senate shall adjourn or take a recess for more than thirty days, all motions to reconsider a vote upon a nomination which has been Constitution, Article II, Section 2 confirmed or rejected by the Senate, which shall be pending at the time of taking such adjournment or recess, shall fall; and the Secretary TO shall return all such nominations to the President as confirmed or [Nominations by the President] rejected by the Senate, as the case may be. Sand he shall nominate, and by and with the Advice and Consent 6. Nominations neither confirmed nor rejected during the session of the Senate, shall appoint Ambassadors, other public Ministers and at which they are made shall not be acted upon at any succeeding ses- Consuls, Judges of the Supreme Court, and all other Officers of the sion without being again made to the Senate by the President; and if United States, whose appointments are not herein otherwise provided the Senate shall adjourn or take a recess for more than thirty days, all for, and which shall be established by Law; but the Congress may by nominations pending and not finally acted upon at the time of taking Law vest the Appointment of such inferior Officers, as they think such adjournment or recess shall be returned by the Secretary to the proper, in the President alone, in the Courts of Law, or in the Heads ) President, and shall not again be considered unless they shall again be of Departments. made to the Senate by the President. 7. (a) The Official Reporters shall be furnished with a list of nomina- Rule XXXI tions to office after the proceedings of the day on which they are re- ceived, and a like list, of all confirmations and rejections. Procedure for Considering and Confirming Nominations) (b) All nominations to office shall be prepard for the printer by the Official Reporter. and printed in the Congressional Record, after the 1. When nominations shall be made by the President of the United proceedings of the day in which they are received, also nominations States to the Senate, they shall, unless otherwise ordered, be referred recalled. and confirmed. to appropriate committees; and the final question on every nomination (c) The Secretary shall furnish to the press, and to the public upon shall be, "Will the Senate advise and consent to this nomination request, the names of nominees confirmed or rejected on the day on which question shall not be put on the same day on which the nomina- Senate. which a final vote shall be had, except when otherwise ordered by the tion is received, nor on the day on which it may be reported by a com- mittee, unless by unanimous consent. 2. All business in the Senate shall be transacted in open session, Law on Salaries to Certain Recess Appointees unless the Senate as provided in rule XXI by a majority vote shall determine that a particular nomination, treaty, or other matter shall (5 U.S.C., Sec. 5503) be considered in closed executive session, in which case all subsequent proceedings with respect to said nomination, treaty, or other matter [Conditions for Payments of Recess Appointees] shall be kept secret: Provided, That the injunction of secrecy as to the whole or any part of proceedings in closed executive session may be (a) Payment for services may not be made from the Treasury of removed on motion adopted by a majority vote of the Senate in closed the United States to an individual appointed during a recess'of the executive session Provided further, That any Senator may make pub- Senate to fill a vacancy in an existing office, if the vacancy existed lic his vote in closed executive session. while the Senate was in session and was by law required to be filled 3. When a nomination is confirmed or rejected, any Senator voting in by and with the advice and consent of the Senate, until the appointee the majority may move for a reconsideration on the same day on which has been confirmed by the Senate. This subsection does not apply- (1) if the vacancy arose within 30 days before the end of the the vote was taken, or on either of the next two days of actual executive session of the Senate; session of the Senate; but if a notification of the confirmation or re- jection of a nomination shall have been sent to the President before (2) if, at the end of the session, a nomination for the office, the expiration of the time within which a motion to reconsider may be other than the nomination of an individual appointed during the preceding recess of the Senate, was pending fore the Senate for made, the motion to reconsider shall be accompanied by a motion to its advice and consent: or request the President to return such notification to the Senate. Any (3) if a nomination for the office was rejected by the Senate motion to reconsider the vote on a nomination may be laid on the table within 30 days before the end of the session and an individual without prejudice to the nomination. and shall be a final disposition of other than the one whose nomination was rejected thereafter re- such motion. ceives a recess appointment. S 11018 CONGRESSIONAL RECORD SENATE August 1. 1985 The amendments all deal with the Rosalic Silberman. Charles A Tra- The recess appointment clause an- portion of the House-passed bill which bandt. James W. Spain. Winston Lord. pears in article III. section 2. of the created section 35 of ANCSA. Basical- Raymond D. Lett. Richard H. Francis, U.S. Constitution. It provides that: ly. that section would have carried the Ann Brunsdale. Helen Marie Taylor. The President shall have power to fill up impact of this legislation outside of William McGinnis, Sidney Lovett, all vacancies that may happen during the the Cape Krusenstern National Monu- Richard John Neuhaus, W. Bruce recess of the Senate. by granting commis- ment. The amendments I have pro- Weinrod. and John Norton Moore sions which shall expire at the end of their posed would limit the impact of the Mr. BYRD. Mr. President. reserving next session. bill to only Cape Krusenstern. 1 under- the right to object. and I will not Mr. President, when the Constitu- stand that this approach is acceptable object. the last four names, 1 do not tion was drafted. the framers recog- to the House of Representatives and have. nized the practical realities of their the bill passed by the Senate tonight Mr. DOLE And also William Brad- time. Communications were slow and should be enacted by the House imme- ford Reynolds. uncertain. Travel from one 18th centu- diately after the August recess. The PRESIDING OFFICER Is ry American city to another was meas- The PRESIDING OFFICER The there objection? Without objection, It ured in terms of days rather than question is on agreeing to the motion is so ordered. hours. Accordingly. in order to make of the Senator from Kansas American Government effective, the The motion was agreed to RECESS APPOINTMENTS framers allowed the President to make Mr. BYRD. Mr. President, state appointments during "the recess of SPECIAL GOLD MEDAL FOR ments by administration officials have the Senate" I stress the word "the" GEORGE AND IRA GERSHWIN recently appeared in the press which In the early days of this Republic. as Mr. DOLE Mr. President. I ask border on total disregard for constitu- now. there was a recess of the Senate tional principles. I refer specifically to between sessions. unanimous consent that the Senate now proceed to the consideration of statements pertaining to the Senate's The phrase "the recess"-again em- House Joint Resolution 251, to provide responsibility to advise and consent in phasizing the word "the"-should be for B. special gold medal for George Presidential appointments. and the au- borne in mind and should be read in thority granted to the President for context of the entire clause which Gershwin and Ira Gershwin, reported recess appointments. then states that the recess appoint- out of the Banking Committee today. The PRESIDING OFFICER The On June 27. 1985, the Senate Judici- ment "shall expire at the end of their joint resolution will be stated by title ary Committee rejected the nomina- next session" Read in that way. it The legislative clerk read as follows tion of William Bradford Reynolds for seems to me that the recess appoint- A joint resolution (H.J. Res 251) to pro- the position of Associate Attorney ment clause was included in the Con- ride that a special gold medal honoring General. On July 16, the Washington stitution as a practical solution to fill- George Gershwin be presented to his sister, Post contained a report that adminis- ing essential Government positions in Frances Gershwin Godowsky. and a special tration officials were "considering the the horse and buggy age during the gold medal honoring Ira Gersbwin be pre- possibility of installing Reynolds" as recess which occurred betwen the ses- sented to his widow. Lenore Gershwin. and Associate Attorney General "as a sions of the Congress. to provide for the production of bronze du- recess appointee after the Senate ad- Mr. President, this is not the first plicates of such medals for sale to the journs August 2. sources said." time this administration has misinter- public. Further discussing the possiblity of preted the purpose of the recess ap- The PRESIDING OFFICER Is a recess appointment for Mr. Reyn- pointment power. During the 24-day there objection to the present consid- olds, an article in the Washington Post recess for the Fourth of July holiday eration of the joint resolution? the following Day. July 17. quoted an in 1984. 17 recess appointments were There being no objection. the jointv unnamed White House official as made. In several cases. those recess ap- resolution (HJ. Res 251) was consid- saying "The tall is not going to wag pointments avoided serious and prob- ered, ordered to a third reading, read the dog on these nominations. That ing debate by the Senate on controver- the third time. and passed. Committee has to understand who is sial issues. And there was no evidence The preamble was agreed to. the President of the United States that the needs of the Government re- Mr. DOLE Mr. President. I move to We expect to get our people con- quired any of those appointments to reconsider the vote by which the joint firmed be made as recess appointments. resolution was passed. Mr. President. I have no desire to Last year I introduced a Senate reso- Mr. BYRD. Mr. President, I move to lecture the White House on constitu- Intion in an attempt to make it abso- lay that motion on the table. tional law. The President's lawyers lutely clear that the recess appoint- The motion to lay on the table was know full well that the recess appoint- ment clause should not be used by any agreed to ment clause which appears in the U.S. administration to thwart the will of Constitution was not created as a po- the Senate, to skirt the "advice and RE-REFERRAL OF S. 1313 litical loophole to thwart the will of consent" clause of the Constitution. or the Senate. Article III, section 2. pro- Mr. DOLE Mr. President. I ask to avoid potential controversy. My vides that officers of the United States unanimous consent that the Judiciary proposal was introduced toward the shall be appointed by the President Committee be discharged from further end of the last term of the Congress "with the advice and consent of the consideration of S. 1313, a bill to and was not processed before the Senate." That appointment process amend the Federal Trade Commission Senate adjourned for the year. was initiated by this administration Act to allow certain actions by States when Mr. Reynolds was nominated for Because this issue is so fundamental attorneys general and It be referred to the position of Associate Attorney to maintaining the delicate balance of the Commerce Committee. General. The nomination was rejected powers which was incorporated into The PRESIDING OFFICER. With- by the Senate Judiciary Committee on our constitutional system. and in view out objection. It is so ordered. June 27, 1985. by a vote of 8 to 10. To of the recurrence of this problem in attempt now to circumvent that rejec- the context of the Reynolds nomina- STATUS QUO NOMINATIONS tion by making a recess appointment tion, I am introducing a resolution on of Mr. Reynolds to the same position the same subject again today. Mr. DOLE Mr. President. as in exec- during our August break would make a My resolution expresses the sense of utive session, I ask unanimous consent mockery of the Senate's role. It would the Senate that the exercise of the that during the adjournment of the be wholly inappropriate and unaccept- power to make recess appointments Senate over until September 9. 1985. able. and I have so informed the should be confined to a formal termi- that all the nominations pending in White House, on behalf of Senate nation of a session of the Senate. or to the Senate remain in the status quo, Democrats, in my letter to the Presi- a recess of the Senate. protracted with the exception of the following: dent of July 16. enough to prevent it from discharging THE WHITE HOUSE WASHINGTON August 5, 1985 with MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS 832 SUBJECT: Return of Nominations by the Senate A considerable amount of confusion has arisen recently surrounding the return by the Senate of some but not all pending nominations, and the purported effect of this on the President's authority to make recess appointments, and the ability to pay such recess appointees. The long and short of it, however, is that what the Senate has done has no effect whatever on our flexibility in making recess appoint- ments and paying recess appointees. Senate Rule 31 (6) provides, in part, that: if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President. It is customary practice, however, for the Senate to suspend the Rule during intrasession recesses for most nominations, simply to ease the paperwork burden of sending them back and having the President resubmit them. The paperwork burden can be particularly severe with the routine military pro- motions. It is also customary to select some nominations to be returned pursuant to the Rule, even though the Rule is suspended for most nominations. The nominations that are sent back are those that are controversial in some way, at least to the extent that unanimous consent cannot be obtained to waive the Rule with respect to them. In this case, unanimous consent was obtained to leave all pending nominations in statu quo -- i.e., to waive Rule 31 with respect to all nominations -- except those of Rosalie Silberman, Charles A. Trabandt, James W. Spain, Winston Lord, Raymond D. Lett, Richard H. Francis, Ann Brunsdale, Helen Marie Taylor, William McGinnis, Sidney Lovett, Richard John Neuhaus, W. Bruce Weinrod, John Norton Moore, and Brad Reynolds. This procedure is not unusual. - 2 - What was unusual in this instance is that the Senate parliamentarian decided that those nominations that were to be returned -- the individuals listed above -- should not be returned until 30 days of recess had actually elapsed. His reasoning was that the resolution of adjournment adopted on August 1 provided that the Leadership could reassemble the Congress if circumstances warranted. If this occurred, the parliamentarian reasoned, the Senate may not in fact be out more than 30 days, and Rule 31 may not apply. This reasoning seems very flawed, particularly since the President may at any time reconvene the Congress. In any event, there is no effect on the President's ability to make recess appointments under the Constitution, so long as the vacancy exists in the office during the recess. The Pay Act purports to prohibit payment of recess appointees, unless, inter alia, a nomination was pending when the Senate recessed. Even under Rule 31 nominations are not sent back until after the Senate recesses, so the Pay Act is not affected by any maneuvering under Rule 31. CC: Larry Garrett THE WHITE HOUSE WASHINGTON August 8, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING All necessary clearances have been accomplished with regard to the following individual and he is ready for formal nomination by the President: Evron Maurice Kirkpatrick - Member, Board of Directors, U.S. Institute of Peace CC: Nancy Perot Jane Dannenhauer John Roberts THE WHITE HOUSE WASHINGTON August 9, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING All necessary clearances have been accomplished with regard to the following individual and he is ready for appointment by the President: Vern Irwin McCarthy, Jr. - Member, National Highway Safety Advisory Committee CC: Nancy Perot Jane Dannenhauer John Roberts Susan Borchard THE WHITE HOUSE WASHINGTON August 9, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING All necessary clearances have been accomplished with regard to the following individual and he is ready for formal nomination by the President: Natale H. Bellocchi - to be Ambassador to the Republic of Botswana CC: Nancy Perot Jane Dannenhauer Richard Hauser John Roberts \ Danald bazely Roding Hishy with Ad Cratter 8-19 (201) 864-7100 call in and 9/5, ant by D03 to NHSAB tody 9/12 THE WHITE HOUSE WASHINGTON August 13, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING FFF All necessary clearances have been accomplished with regard to the following individuals and they are ready for appointment by the President to the National Highway Safety Advisory Board: Cecilia E. Bros Oswaldo Gonzalez-Rodriguez Frederick Hitchcock, Jr. Thomas Lee Holmes Eric H. Jostrom Candy Lightner Vern McCarthy, Jr. Thomas G. McGuire Andrew Natsios Frank E. Raper Edward Reilly, Jr. John Sammons, Jr. Austin Taylor, Jr. CC: Nancy Perot Jane Dannenhauer John Roberts Susan Borchard Aug. 20 / Administration of Ronald Reagan, 1985 ity in order to deter Soviet threats to U.S. League United Hungarian Fund in Washing- and allied space systems and, within such ton, DC. She was born March 1, 1934, in Jyor, limits imposed by international law, to deny Hungary, and now resides in Springfield, VA. any adversary advantages arising from the Frederick Edward (Fritz) Hitchcock, Jr., will offensive use of space-based systems which succeed Michael L. Johnson. He is owner and could undermine deterrence. Systematic, operator of several new car dealerships in the continued testing is necessary for us to be city of Industry, CA. He was born October 24, able to proceed with ASAT development 1939, in Des Moines, IA, and now resides in and finally to validate operational capabil- Palos Verdes Estates, CA. ity, in order to restore the necessary mili- Candy Lightner will succeed Stanley J. Preebe. tary balance in this area. She is president and chief executive officer of M.A.D.D. (Mothers Against Drunk Drivers). A number of serious problems, including She was born May 30, 1946, in Pasadena, CA, definitional and monitoring difficulties plus and now resides in Arlington, TX. the need to counter existing Soviet target- Frank E. (Gene) Raper will succeed Russell I. ing satellites, contribute to the conclusion Brown. He is president of the United Packag- that a comprehensive ban on development, ing Corp. He was born January 18, 1946, in testing, deployment, and use of all means of Portsmouth, VA, and now resides in Hacienda countering satellites is not verifiable or in Heights, CA. our national security interest. Moreover, no John F. Sammons, Jr., will succeed William B. arrangements or agreements beyond those Snyder. He is mayor of the city of Temple, TX, already governing military activities in and president of Temple Supply Co. He was outer space have been found to date that born June 21, 1949, in Temple, TX, and still are judged to be in the overall interest of resides in Temple. the United States and its allies and that meet the congressionally mandated require- For a term expiring March 15, 1988: ments of verifiability and consistency with Thom L. Holmes will succeed Paul R. Meyer, Jr. the national security. We will continue to He is president and chief executive officer of study possible ASAT limitations in good HJT Industries and Associates. He was born faith to see whether such limitations are January 30, 1946, in Texarkana, AR, and cur- rently resides in Los Angeles, CA. consistent with the national security inter- ests of the United States. Eric Harrison Jostrom will succeed Harold Coker. He is vice president of Eaton Vance The United States is presently engaged in Management. He was born March 1, 1942, in negotiations with the Soviet Union at Newton, MA, and currently resides in Essex, Geneva on nuclear arms reductions, de- MA. fense and space issues. We believe that Vern McCarthy, Jr., will succeed Michael J. ASAT testing can constitute an incentive to Hermreck. He is president of Vern McCarthy, the Soviet Union to reach agreements on a Ltd. He was born May 12, 1927, in Melrose wide range of issues. Park, IL, and currently resides in Oak Brook, IL. Thomas G. McGuire will succeed Henry Edward National Highway Safety Advisory Hudson. He is the retired chairman of the Committee board of Industrial Indemnity Insurance. He was born March 15, 1907, in Santa Rosa, CA, Appointment of 13 Members. and currently resides in Borrego Springs, CA. August 21, 1985 Andrew S. Natsios will succeed Lexie E. Herrin. He is chairman of the Massachusetts State Re- The President today announced his inten- publican Committee. He was born September tion to appoint the following individuals to 22, 1949, in Philadelphia, PA, and currently be members of the National Highway resides in Holliston, MA. Safety Advisory Committee for the terms Edward F. Reilly, Jr., will succeed Evie Teegen. indicated: He is a Kansas State senator. He was born March 24, 1937, in Leavenworth, KS, and cur- For a term expiring March 15, 1987: rently resides in Leavenworth. Cecelia K. Bros will succeed Joanne Corday Koz- Oswaldo Gonzalez Rodriguez will succeed berg. She is president of the American Ethnic Walter W. Gray. He is the owner of Comput 992 Administration of Ronald Reagan, 1985 / Aug. 22 Income, Inc. He was born December 26, 1932, career member of the Senior Foreign Serv- in Cardenas, Cuba, and currently resides in ice, Class of Minister-Counselor, as Ambas- West New York, NJ. sador of the United States of America to the A. Starke Taylor, Jr., will succeed John A. Republic of Uganda. He would succeed Kraeutler. He is the mayor of Dallas, TX. He Allen Clayton Davis. was born July 2, 1922, in Paris, TX, and cur- Mr. Houdek entered the Foreign Service rently resides in Dallas, TX. in 1962. In 1963-1965 he was a junior offi- cer trainee at our Embassy in Brussels, Bel- gium. He served as political officer in Con- United States Ambassador to Jamaica akry, Guinea, in 1965-1967 and then re- turned to the Department as a staff officer Nomination of Michael Sotirhos. in the Executive Secretariat in 1967-1969. August 22, 1985 Mr. Houdek then went to the National Se- curity Council as a special assistant to the The President today announced his inten- national security adviser in 1969-1971. He tion to nominate Michael Sotirhos as Am- attended the Woodrow Wilson School as a bassador of the United States of America to Mid-Career fellow at Princeton University Jamaica. He would succeed William Alexan- in 1971-1972. In 1972 he became deputy der Hewitt. chief of mission at our Embassy in Free- town, Sierra Leone, where he served until Mr. Sotirhos began his career as a partner 1976 when he went to Jamaica as political with Ariston Sales Co., Ltd., New York, NY, counselor. In 1976 he served as Deputy Di- in 1948. In 1958 he became founder and rector of the Office of West African Affairs chairman of Ariston Interior Designers, in the Department and then Director of the Inc., of New York, and in 1983 became Office of Intra-African Affairs in 1978-1980. chairman of the board and consultant. In In 1980 he became deputy chief of mission 1973-1975 Mr. Sotirhos was a member of in Nairobi, Kenya, where he served until the National Voluntary Service Advisory 1984 when he returned to the Department Council and Chairman of the International as a member of the executive seminar in Operations Committee, Peace Corps. In national and international affairs. 1976 he served as a member of the Nation- Mr. Houdek was born February 26, 1940, al Advisory Council of the Small Business in Chicago, IL. He received his B.A. in 1961 Administration. He has also been chairman from Beloit College and his M.A. in 1962 of the National Republican Heritage Groups from the Fletcher School of Law and Diplo- Council. In 1983 he received the Man of macy. His foreign language is French. Mr. the Year Award from the National Republi- Houdek is married to the former Mary Eliz- can Heritage Groups Council. abeth Wood, and they have two children. Mr. Sotirhos was born November 12, 1928, in New York. He received his B.B.A. in 1950 from the City College of New York, Bernard M. Baruch School of Business and Civic Administration. His foreign languages United States Ambassador to are Greek and Spanish. Mr. Sotirhos is mar- Luxembourg ried to the former Estelle Manos, and they have two children. Nomination of Jean Broward Shevlin Gerard. August 22, 1985 United States Ambassador to Uganda The President today announced his inten- tion to nominate Jean Broward Shevlin Nomination of Robert G. Houdek. Gerard to be Ambassador of the United August 22, 1985 States of America to Luxembourg. She would succeed John E. Dolibois. The President today announced his inten- Mrs. Gerard began her career as an attor- tion to nominate Robert G. Houdek, a ney with Cadwalader, Wickersham & Taft 993 THE WHITE HOUSE WASHINGTON August 29, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS off SUBJECT: Appointments of Judith Walter, Lester Korn, Betty Brake, Jack Waltuch, Francis Cash, LeGree Daniels, and Robert Freer, Jr. to the President's Commission on White House Fellowships I have reviewed the Personal Data Statements submitted by the above-named individuals in connection with their pro- spective appointments to the President's Commission on White House Fellowships. The President is authorized to appoint an unspecified number of members to the Commission by Executive Order 11183, as amended. Members must be "out- standing citizens from the fields of public affairs, education, the sciences, the professions, other fields of private endeavor, and the Government service." Betty Brake is now retired but served previously as Deputy Director of ACTION and was active in Oklahoma politics. Francis Cash is an Executive Vice President with Marriott. LeGree Daniels is most widely known as Chairman of the Black Republican Council; she is also a member of the Pennsylvania Tax Equalization Board. The Personal Data Statements of Brake, Cash, and Daniels present no problems. Robert Freer is a partner with Wheeler & Wheeler in Washington. He indicated on his PDS that the firm and a partner were registered foreign agents. I called Freer and alerted him to the prohibitions in 18 U.S.C. § 219, and he reaffirmed that he was not a registered foreign agent and that he would do no work for the client that triggered registration of his firm and partner. Jack Waltuch is an attorney from Pennsylvania, currently on leave of absence from teaching duties at Delaware Law School. FOIA(b) (6) - 2 - I do not think this should preclude Waltuch's appointment. Judith Walter is Deputy Comptroller for Operations of the Office of the Comptroller of the Currency. She was a White House Fellow during 1975-1976, and is the current President of the White House Fellows Association. B6 Lester Korn is Chairman and CEO of Korn/Ferry International, the firm with which Ron Walker is affiliated. His PDS presents no problems. 36 WHITE NOVSE THE WHITE HOUSE SECURITY OFFICE WASHINGTON AUG 15 1985 August 14, 1985 MEMORANDUM FOR JANE DANNENHAUER FROM: CATHERINE BEDELL CB SUBJECT: PAS and PA Candidate Withdrawals For your permanent records, please be advised that the following individuals have been withdrawn from consideration as Presidential Appointments: PAS CANDIDATES ephen Markman - General Counsel, Department of Education Nicholas Zoto - National Consumer Cooperative Bank * He has just been submitted instead for President's Commission on White House Fellowships (PA). Lawrence King - National Consumer Cooperative Bank PA CANDIDATES Louis Kitchin - Intergovernmental Advisory Council on Education CC: Bullock Tussing THE WHITE HOUSE WAEHINGTON August 16, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS, JR Dr SUBJECT: Nomination of Laurence W. Lane, Jr. , to be Ambassador to Australia I have reviewed the SF-278 and related materials submitted by Mr. Lane in connection with his prospective nomination to be ambassador to Australia, and have no objection to proceeding with the nomina- tion. Mr. Lane is Chairman of the Board of Lane Publishing, a family-run business publishing, inter alia, Sunset Magazine. He intends to resign as Chairman, but to remain on the Board as an uncompensated member. I have no objection to such an arrangement in the context of family-run businesses, such as Lane Publishing. Lane will of course have a Section 208 interest in Lane Publishing, but that would be true in any event by virtue of his stock holdings, and Lane Publishing does no significant business in Australia. FOIA(b) (6) REDACTED REDACTED REDACTED REDACTED REDAC REDACTED REDACTED REDACTED REDACTED REDA REDACTED REDACTED REDACTED THE WHITE HOUSE WASHINGTON August 20, 1985 MEMORANDUM FOR DIANNA G. HOLLAND FROM: JOHN G. ROBERTS JJR SUBJECT: Appointment of James M. Crawford to the National Highway Safety Advisory Committee I have reviewed the Personal Data Statement submitted by Mr. Crawford in connection with his prospective appointment to the National Highway Safety Advisory Committee and have no objection to proceeding with the appointment. The National Highway Safety Advisory Committee consists of ex officio members and 35 members appointed by the President, no more than four of whom may be Federal officers or employees. The appointed members shall be selected from among representatives of various State and local governments, including State legislatures, of public and private interests contributing to, affected by, or concerned with highway safety, including the national organi- zations of passenger car, bus, and truck owners, and of other public and private agencies, organizations, or groups demonstrating an active interest in high- way safety, as well as research scientists and other individuals who are expert in this field. 23 U.S.C. § 404 (a) (1). No member who has served a three-year term is eligible for reappointment within one year following the end of his term. 23 U.S.C. $ 404 (a) (2) (A). The purpose of the Committee is to advise the Secretary of Transportation on highway safety. 23 U.S.C. $ 404 (b). Mr. Crawford is President of an insurance agency issuing FOIA(b) (6) automobile policies, and thus may be considered to satisfy the statutory criteria. - 2 - FOIA(b) 6 ) THE WHITE HOUSE WASHINGTON August 19, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS JJR SUBJECT: Appointment of John Pappajohn and Kay Orr as Members of the John F. Kennedy Center for the Performing Arts Advisory Committee I have reviewed the Personal Data Statements submitted by the above-referenced individuals for appointment as members of the John F. Kennedy Center Advisory Committee. An unlimited number of appointments to the Kennedy Center Advisory Committee are authorized by 20 U.S.C. $ 76h (c). Appointees "shall be persons who are recognized for their knowledge of, or experience or interest in, one or more of the arts in the fields covered by the John F. Kennedy Center for the Performing Arts." Id. Mr. Pappajohn is a venture capitalist from Iowa. He has been active in the arts in Iowa, serving as Chairman of Iowa Citizens for the Arts and Honorary Trustee of the Des Moines Art Center. I see no reason to object to his appointment. Mrs. Orr is the Nebraska state treasurer. Attachment THE WHITE HOUSE WASHINGTON August 19, 1985 MEMORANDUM FOR ROBERT H. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL FROM: RICHARD A. HAUSER DEPUTY COUNSEL TO THE PRESIDENT SUBJECT: Appointment of John Pappajohn and Kay Orr as Members of the John F. Kennedy Center for the Performing Arts Advisory Committee Your office recently forwarded the names of John Pappajohn and Kay Orr for clearance for appointment to the Kennedy Center Advisory Committee on the Arts. The President is authorized to make appointments to this Committee by 20 U.S.C. $ 76h (c). Pursuant to that statute, appointees "shall be persons who are recognized for their knowledge of, or experience or interest in, one or more of the arts in the fields covered by the John F. Kennedy Center for the Per- forming Arts." Mr. Pappajohn, as Chairman of Iowa Citizens for the Arts and Honorary Trustee of the Des Moines Art Center, satisfies the statutory criteria. We have completed all the necessary clearances and have no objection to proceeding with his appointment. With respect to Mrs. Orr, FOIA(b) 61 RAH:JGR:aea 8/19/85 cc: FFFielding RAHauser JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 19, 1985 MEMORANDUM FOR ROBERT H. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL FROM: RICHARD A. HAUSER Original signed by RAH DEPUTY COUNSEL TO THE PRESIDENT SUBJECT: Appointment of John Pappajohn and Kay Orr as Members of the John F. Kennedy Center for the Performing Arts Advisory Committee Your office recently forwarded the names of John Pappajohn and Kay Orr for clearance for appointment to the Kennedy Center Advisory Committee on the Arts. The President is authorized to make appointments to this Committee by 20 U.S.C. $ 76h (c). Pursuant to that statute, appointees "shall be persons who are recognized for their knowledge of, or experience or interest in, one or more of the arts in the fields covered by the John F. Kennedy Center for the Per- forming Arts." Mr. Pappajohn, as Chairman of Iowa Citizens for the Arts and Honorary Trustee of the Des Moines Art Center, satisfies the statutory criteria. We have completed all the necessary clearances and have no objection to proceeding with his appointment. With respect to Mrs. Orr, FOIA(b) RAH: JGR:aea 8/19/85 CC: FFFielding RAHauser JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 22, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING FFFIRAIS All necessary clearances have been accomplished with regard to the following individual and he is ready for appointment by the President: James M. Crawford - Member, National Highway Safety Advisory Committee CC: Catherine Bedell Jane Dannenhauer John Roberts Susan Borchard THE WHITE HOUSE WASHINGTON August 26, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING PRRIRAY All necessary clearances have been accomplished with regard to the following individual and he is ready for formal nomination by the President: Malcolm Richard Wilkey - - to be Ambassador to the Oriental Republic of Uruguay CC: Catherine Bedell Jane Dannenhauer Richard Hauser John Roberts THE WHITE HOUSE WASHINGTON August 28, 1985 MEMORANDUM FOR THOMAS C. DAWSON DEPUTY ASSISTANT TO THE PRESIDENT EXECUTIVE ASSISTANT TO THE CHIEF OF STAFF FROM: RICHARD A. HAUSER Original signed by HAM DEPUTY COUNSEL TO THE PRESIDENT SUBJECT: Possible Appointment of an Acting Deputy Director of OMB This will confirm the oral advice provided to you this morning in response to your inquiry concerning whether an Acting Deputy Director of OMB may be appointed during the period that the Deputy Director is serving as Acting Director. An Acting Deputy Director may not be appointed. The Deputy Director serves as Acting Director when the office of Director is vacant, pursuant to 31 U.S.C. § 502 (b) (2). This does not, however, create a vacancy in the position of Deputy Director, and accordingly there is no legal basis for naming an Acting Deputy Director. If the Deputy Director serving as Acting Director is absent or unable to serve, the President may designate an officer of OMB to act as Director, 31 U.S.C. $ 502 (e). This authority has been delegated to the Director of OMB (or, in this case, the Acting Director) by Executive Order 11541, "under the direction of the President and pursuant to such further instructions as the President from time to time may issue." Thus, either the President or the Acting Director (after consulting with the President) may designate an official to act as Director if the Acting Director is to be absent. Under no circumstances, however, may an Acting Deputy Director be named while there is a Deputy Director acting as Director. RAH: JGR:aea 8/28/85 CC: FFFielding RAHauser JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 28, 1985 MEMORANDUM FOR THOMAS C. DAWSON DEPUTY ASSISTANT TO THE PRESIDENT EXECUTIVE ASSISTANT TO THE CHIEF OF STAFF FROM: RICHARD A. HAUSER DEPUTY COUNSEL TO THE PRESIDENT SUBJECT: Possible Appointment of an Acting Deputy Director of OMB This will confirm the oral advice provided to you this morning in response to your inquiry concerning whether an Acting Deputy Director of OMB may be appointed during the period that the Deputy Director is serving as Acting Director. An Acting Deputy Director may not be appointed. The Deputy Director serves as Acting Director when the office of Director is vacant, pursuant to 31 U.S.C. § 502 (b) (2). This does not, however, create a vacancy in the position of Deputy Director, and accordingly there is no legal basis for naming an Acting Deputy Director. If the Deputy Director serving as Acting Director is absent or unable to serve, the President may designate an officer of OMB to act as Director, 31 U.S.C. $ 502 (e). This authority has been delegated to the Director of OMB (or, in this case, the Acting Director) by Executive Order 11541, "under the direction of the President and pursuant to such further instructions as the President from time to time may issue." Thus, either the President or the Acting Director (after consulting with the President) may designate an official to act as Director if the Acting Director is to be absent. Under no circumstances, however, may an Acting Deputy Director be named while there is a Deputy Director acting as Director. RAH:JGR:aea 8/28/85 cc: FFFielding RAHauser JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 28, 1985 MEMORANDUM FOR JOHN COONEY ASSISTANT GENERAL COUNSEL OFFICE OF MANAGEMENT AND BUDGET FROM: ASSOCIATE COUNSEL 83R TO THE PRESIDENT JOHN G. ROBERTS SUBJECT: Appointment of Chairman of the Board of the Foreign Service This will confirm our discussion to the effect that Section 9 (e) of Executive Order 12293, as amended by Executive Order 12363, needs to be further amended in light of Section 153 of Public Law 99-93. Prior to amendment by Public Law 99-93, 22 U.S.C. $ 3930 provided that the chair of the Board of the Foreign Service shall be a career Senior Foreign Service officer designated- by the Secretary of State. Executive Order 12363, establishing the Board, tracked that language. Section 153 of Public Law 99-93 amended 22 U.S.C. § 3930 to provide that the chair of the Board shall be "an individual appointed by the President." As a housekeeping matter, the Executive Order should be correspondingly amended. 6 187 FOREIGN RELATIONS 22 § 3930 References in Text. The Inspector General Legislative History. For legislative history and Act of 1978, referred to in subsec. (e) (1), is purpose of Pub.L. 96-465, see 1980 U.S. Code Pub.L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Cong. and Adm. News, p. 4419. Title 5, Government Organization and Employees. Library References Effective Date. Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of United States 35, 41. Pub.L. 96-465, set out as a note under section C.J.S. United States §§ 35, 37, 41, 62 to 64. 3901 of this title. § 3930. Board of Foreign Service The President shall establish a Board of the Foreign Service to advise the Secretary of State on matters relating to the Service, including furtherance of the objectives of maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system and compatibility between the Foreign Service personnel system and the other personnel systems of the Government, The Board of the Foreign Service shall be chaired by a career member of the Senior Foreign Service designated by the Secretary of State and shall include one or more represent- atives of the Department of State, the International Communication Agency, the United States International Development Cooperation Agency, the Department of Agriculture, the Department of Commerce, the Department of Labor, the Office of Personnel Management, the Office of Management and Budget, the Equal Employ- ment Opportunity Commission, and such other agencies as the President may designate. (Pub L 96-465, Title I, $ 210, Oct. 17, 1980, 94 Stat. 2082.) Change of Name, The International Communi- Effective Date. Section effective Feb. 15, 1981, cation Agency was redesignated the United States except as otherwise provided, see section 2403 of Information Agency and the Director or any oth- er official of the International Communication Pub.L, 96-465, set out as a note under section Agency redesignated as Director or other official, 3901 of this title. as appropriate, of the United States Information Legislative History. For legislative history and Agency, see Pub.L. 97-241, Title III, § 303, Aug. purpose of Pub L. 96-465, see 1980 U.S. Code 24, 1982, 96 Stat. 291, set out as a note under section 1461 of this title. Cong. and Adm, News, p. 4419 EXECUTIVE ORDER NO. 11264 Ex.Ord. No. 11264, Dec. 31, 1965, 31 F.R. 67, note under this section, which provided for the as amended by Ex.Ord. No. 11434, Nov. 8, 1968, establishment, functions, etc., of the Board of the 33 F.R. 16485; Ex.Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901; Ex.Ord. No. 12107, Dec. Foreign Service and Board of Examiners for the 28, 1978, 44 F.R. 1055; Ex.Ord. No. 12292, Feb. Foreign Service, was revoked by Ex.Ord. No. 23, 1981, 46 F.R. 13967, formerly set out as a 12363 May 21, 1982, 47 F.R. 22497 EXECUTIVE ORDER NO. 11434 Nov. 8, 1968, 33 F.R. 16485, as amended by Ord. No. 12107 Dec. 28, 1978, 44 F.R. 1055; Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968 ADMINISTRATION OF FOREIGN SERVICE PERSONNEL SYSTEMS By virtue of the authority vested in me by the Sec. 2. Board of the Foreign Service and Foreign Service Act of 1946, as amended (22 Board of Examiners for the Foreign Service. The U.S.C. 801 et seq.) [former section 801 et seq. of Board of the Foreign Service and the Board of this title, now covered by this chapter], Reorgani- Examiners for the Foreign Service established by zation Plan No. 8 of 1953 (67 Stat. 642) [set out Executive Order No. 11264 of December 31, 1965 in the Appendix to Title 5, Government Organiza- [set out as a note under this section], as herein- tion and Employees], Reorganization Plan No. 4 after amended, shall exercise with respect to For- of 1965 (79 Stat. 1321) [set out in the Appendix to eign Service information officers the functions del- Title 5], Public Law 90-494 (82 Stat. 810) [former section 1221 et seq. of this title], and Section 301 egated to them by that order with respect to of Title 3 of the United States Code [section 301 Foreign Service officers. The Boards shall per- of Title 3, The President], and as President of the form such additional functions with respect to United States, it is ordered as follows: Foreign Service personnel of the United States Information Agency [now International Commu- Section 1. [Revoked by Ord. No. 12292, nication Agency] as the Director may from time Feb. 23, 1981, 46 F.R. 13968.] to time delegate or otherwise assign. RETIRED - INACTIVE VOL. I VOL. I; p. 37 BOARD OF THE FOREIGN SERVICE Department of State AUTHORITY: 22 U.S.C. 3930 P.L. 96-465, Title I, Sec. 210, 94 Stat. 2082, October 17, 1980, effective February 15, 1981 Executive Order 12363, May 21, 1982 METHOD: See below. MEMBERS: Designated by the heads of the following agencies as follows: Department of State; 4 Members, at least 3 of whom must be career members of the Senior Foreign Service International Communication Agency; 2 Members, at least 1 of whom must be a career member of the Senior Foreign Service United States International Development Cooperation Agency; 2 Members, at least 1 of whom must be a career member of the Senior Foreign Service Department of Agriculture; 2 Members, at least 1 of whom must be a career member of the Senior Foreign Service Department of Commerce; 2 Members, at least 1 of whom must be a career member of the Senior Foreign Service Department of Labor; 1 Member Office of Personnel Management; 1 Member Office of Management and Budget; 1 Member Equal Employment Opportunity Commission; 1 Member and such other agencies as the Secretary of State may designate from time to time on a regular or occasional basis. Membership shall be selected from among officials who are knowledgeable in matters concerning the management of the Foreign Service. Except for the career members of the Senior Foreign Service from the Department of Agriculture, the Department of Commerce, the International Communication Agency, and the U.S. International Development Cooperation Agency, the members of the Board shall be selected from among those who have the rank of Assistant Secretary or higher or a position of comparable responsibility. (CONTINUED PAGE TWO VOL. I; p. 37 BOARD OF THE FOREIGN SERVICE (Cont'd) Department of State CHAIRMAN: Career member of the Senior Foreign Service designated by the Secretary of State. SALARY: Without compensation. PURPOSE: Advise the Secretary of State on matters relating to the Foreign Service, including furtherance of the objectives of maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system and compatibility between the Foreign Service personnel system and the other personnel systems of the Government. ADMINISTRATIVE SUPPORT: The Secretary of State shall provide all necessary administrative services and facilities for the Board. RETIRED: NOTE: Initially placed in an active status because the law: (1) required the President to establish, and (2) required the President to designate other agencies as Members. As provided in E.O. 12363, there is no longer any Presidential involvement. Therefore, this authority sheet isbeing placed in an Inactive Volume. PL99-93, se 153, 8/16/85 H.R.2068-24 SEC. 151. EMPLOYEES OF THE UNITED NATIONS. (a) INITIAL REPORT.-Not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Congress on whether, and the extent to which, international civil servants employed by the United Nations, including those seconded to the United Nations, are required to return all or part of their salaries to their respective governments. The Secretary shall also include in this report a description of the steps taken by the Department of State and by the United States Representative to the United Nations to correct this practice. (b) REPORT ON STEPS TO CORRECT PRACTICE-The Secretary of State shall determine and report to the Congress on whether substantial progress has been made by June 1, 1986, in correcting the practice of international civil servants employed by the United Nations being required to return all or part of their salaries to their respective governments. (c) REDUCTION IN CONTRIBUTION IF SUBSTANTIAL PROGESS NOT MADE.-If the Secretary of State determines pursuant to subsection (b) that substantial progress has not been made in correcting this practice, the United States shall thereafter reduce the amount of its annual assessed contribution to the United Nations by the amount of that contribution which is the United States proportionate share of the salaries of those international civil servants employed by the United Nations who are returning any portion of their salaries to their respective governments. (d) NATIONAL TAXATION.-This section does not apply with respect to payments made for purposes of national taxation in accordance with formal treaty reservations concerning such taxation by a member state of the United Nations. SEC. 152. REPRESENTATION OF MINORITIES AND WOMEN IN THE FOREIGN SERVICE. (a) DEVELOPMENT OF PROGRAM.-The head of each agency utilizing the Foreign Service personnel system shall develop, consistent with section 7201 of title 5 of the United States Code, a plan designed to increase significantly the number of members of minority groups and women in the Foreign Service in that agency. Propose doing (b) EMPHASIS ON MID-LEVELS.-Each plan developed pursuant to this section shall, consistent with section 7201 of title 5 of the United nothing on this States Code, place particular emphasis on achieving significant increases in the numbers of minority group members and women who are in the mid-levels of the Foreign Service. 'til paper cares from (c) REPORTS TO CONGRESS.-The head of each agency utilizing the Foreign Service personnel system shall report annually to the Con- state, then initia gress on the plan developed pursuant to this section as part of the report required to be submitted pursuant to section 105(d)(2) of the contact w/ Counsel. Foreign Service Act of 1980. Subsequent reports pursuant to that section shall include reports on the implementation of these plans, off. (iPO) & probably giving particular attention to the progress being made in increasing, orB and or Justice. through advancement and promotion, the numbers of members of minority groups and women in the mid-levels of the Foreign Service. L SEC. 153. BOARD OF THE FOREIGN SERVICE. ck.w/ Jan- Section 210 of the Foreign Service Act of 1980 (22 U.S.C. 3930) is amended by striking out "a career member of the Senior Foreign Service designated by the Secretary of State" in the second sentence and inserting in lieu thereof "an individual appointed by the n President". Executive Orders EO 12363 branch within the United States (including Guam, Puerto Rico and the Virgin Islands) if he or she meets the qualifications and other requirements established by the Director of the Office of Personnel Management and the provisions of this Order. Sec. 2. In order to be eligible for noncompetitive appointment to positions within the United States under this authority. such an individual must: (a) have been appointed to an overseas position or positions while residing in the overseas area under local hire procedures approved by the Director of the Office of Personnel Management; (b) have completed 24 months of overseas service in an appropriated fund position after January 1, 1980 within a ten year period from the date of ini- tial appointment; (c) have received a satisfactory or better performance rating for such over- seas service; (d) have been a family member of a civilian employee or of a member of a uniformed service (the civilian or uniformed sponsor) while serving in the overseas position or positions; (e) have accompanied the civilian or uniformed sponsor on official assign- ment to an overseas post of duty while serving in the overseas position or positions; and (f) exercise the eligibility for noncompetitive appointment within two years of returning to the United States. Sec. 3. The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to implement this Order, including uniform local hire procedures to assure merit selection of overseas employ- ees. Sec. 4. To the extent there is any conflict between this Order and Civil Service Rule 8.2 (5 CFR 8.2), the provisions of this Order shall control. RONALD REAGAN THE WHITE HOUSE, May 12, 1982. Executive Order 12363 of May 21, 1982 The Foreign Service of the United States By the authority vested in me as President by the Constitution and laws of the United States of America, including the Foreign Service Act of 1980 (94 Stat. 2071, 22 U.S.C. 3801 et seq.),¹ Section 202 of the Revised Statutes (22 U.S.C. 2656), and Section 301 of Title 3 of the United States Code, and in order to further provide for the administration of the Foreign Service of the United States, it is hereby ordered as follows: ¹Editorial Note: The correct citation is 22 U.S.C. 3901 et seq. 183 EO 12363 Title 3-The President Section 1. Executive Order No. 12293 of February 23, 1981 (46 FR 13969), is amended by adding the following new sections: "Sec. 9. (a) Pursuant to Section 210 of the Act there is established in the Department of State the Board of the Foreign Service (22 U.S.C. 3930). "(b) The Board shall be composed of the designated number of representa- tives of the heads of the following agencies: "(1) Department of State, four members, at least three of whom must be career members of the Senior Foreign Service; "(2) International Communication Agency, two members, one of whom must be a career member of the Senior Foreign Service; "(3) United States International Development Cooperation Agency, two members, one of whom must be a career member of the Senior Foreign Service; "(4) Department of Agriculture, two members, one of whom must be a career member of the Senior Foreign Service; "(5) Department of Commerce. two members, one of whom must be a career member of the Senior Foreign Service; "(6) Department of Labor, one member; "(7) Office of Personnel Management, one member; "(8) Office of Management and Budget, one member; and, "(9) Equal Employment Opportunity Commission, one member; "(c) The membership of the Board shall be selected from among officials who are knowledgeable in matters concerning the management of the For- eign Service. Except for the career members of the Senior Foreign Service from the Department of Agriculture, the Department of Commerce. the In- ternational Communication Agency, and the United States International De- velopment Cooperation Agency, the members of the Board shall be selected from among those who have the rank of Assistant Secretary or higher or a position of comparable responsibility. "(d) The Secretary of State may from time to time request the heads of other agencies to designate representatives to participate in the functions of the Board on a regular or occasional basis. "(e) The Secretary of State shall designate a Chairman of the Board from among those members who are career members of the Senior Foreign Serv- ice. "[f) The Secretary of State shall provide all necessary administrative serv- ices and facilities for the Board. "Sec. 10. Pursuant to Section 202(a)(2)(B) and (a)(3)(B) of the Act (22 U.S.C. 3922(a)(2)(B), (a)(3)(B)), it is hereby determined to be necessary, in order to enable the Department of Agriculture and the Department of Commerce to carry out functions which require service abroad, for the respective Secre- taries, in consultation with the Office of Personnel Management and the Office of Management and Budget. to be able to utilize the Foreign Service personnel system with respect to personnel of the following: 184 Executive Orders EO 12364 "(a) The Animal and Plant Health Inspection Service of the Department of Agriculture, not to exceed 125 positions, without the prior approval of the Director of the Office of Personnel Management; "(b) The United States Travel and Tourism Administration. and the Interna- tional Trade Administration of the Department of Commerce, not to exceed 30 positions without the prior approval of the Director of the Office of Per- sonnel Management, and providing that assignments to such positions be administered consistent with policies of the Foreign Commercial Service es- tablished under Executive Order No. 12188.". Sec. 2. In Section 8 of Executive Order No. 12293, the phrase "This Order" is amended to read "The first seven Sections of this Order". Sec. 3. Executive Order No. 11264 of December 31, 1965, as amended, is re- voked. RONALD REAGAN THE WHITE HOUSE, May 21, 1982. Executive Order 12364 of May 24, 1982 The Presidential Management Intern Program By the authority vested in me as President by the Constitution and laws of the United States of America, including Sections 3301 and 3302 of Title 5 of the United States Code, and in order to provide for the recruitment and se- lection of outstanding employees for careers in public sector management, it is hereby ordered as follows: Section 1. There is hereby reconstituted the Presidential Management Intern Program. The purpose of the Program is to attract to the Federal service outstanding men and women from a variety of academic disciplines who have a clear interest in, and commitment to, a career in the analysis and management of public policies and programs. Individuals selected for the Program will be known as Presidential Management Interns. Sec. 2. Eligible individuals are those who have pursued a course of study at the graduate level which demonstrates both an exceptional ability and the commitment stated above. Such individuals at the time of application must have recently received or must expect to receive soon an appropriate ad- vanced degree. Sec. 3. (a) The Office of Personnel Management shall provide specific guid- ance as to what constitutes an appropriate advanced degree. (b) The Office of Personnel Management shall develop appropriate proce- dures for the recruitment, nomination, screening, placement and continuing career development of outstanding individuals possessing the qualifications described above. (c) In developing those procedures, the Office of Personnel Management shall be guided by the following principles and policies: 185 Feb. 23 Administration of Ronald Reagan, 1981 sion as defined in section 102 a 3 of SEC. 11. This Order shall be effective as the Foreign Service Act of 1980 (22 of February 15, 1981. U.S.C. 3902 (a) RONALD REAGAN SEC. 9. Executive Order No. 12228 is The White House. amended as follows: February 23. 1981. (a) Section 1-102(c)(1) is amended [Filed with the Office of the Federal Register. DV striking out "Section 911 (9) of the 10:53 a.m., February 24, 1981] Foreign Service Act of 1946. as amended (22 U.S.C. 1136(9 and inserting in lieu thereof "Section 901 (6) of the For- eign Service Act of 1980 (22 U.S.C. 4081 Foreign Service of the United (6 States (b) Section 1-103 is amended by strik- ing out "Foreign Service Act of 1946. as Executive Order 12293. February 23, 1981 amended" and inserting in lieu thereof "Foreign Service Act of 1980". By the authority vested in me as Presi- SEC. 10. The following are hereby re- dent by the Constitution and laws of the voked United States of America. including the a Executive Order No. 9452 of June Foreign Service Act of 1980 (94 Stat. 26. 1944: 2071. 22 U.S.C. 3901 et seg., Section (b) Executive Order No. 9799 of No- 202 of the Revised Statutes (22 U.S.C. vember 8. 1946: 2656 and Section 301 of Title 3 of the (c) Executive Order No. 9837 of March United States Code. and in order to pro- 27, 1947: vide for the administration of the Foreign (d) Executive Order No. 9932 of Feb- Service of the United States. it is hereby ruary 27. 1948: ordered as follows: (e) Executive Order No. 10249 of SECTION 1. There are hereby delegated June 4. 1951; to the Secretary of State those functions (f) Section 2 of Executive Order No. vested in the President by Sections 205. 10477 of August 1. 1953: 401 (a). (c). 613. and 801 of the For- (g) Executive Order No. 10897 of De- eign Service Act of 1980. hereinafter re- cember 2. 1960: ferred to as the Act (22 U.S.C. 3925. (h) Part III of Executive Order No. 3942 (a) (1), 3892 4013, and 4041). 11264 of December 31, 1965. as amended: SEC. 2. The Secretary of State shall. in accord with Section 205 of the Act (22 (i) Sections 1. 3. and 5 of Executive Order No. 11434 of November 8, 1968 U.S.C. 3925), consult with the Secretary of Agriculture. the Secretary of Com- (j) Executive Order No. 11636 of De- merce, the Director of the International cember 17, 1971: Communication Agency. the Director of (k) Executive Order No. 12066 of June the United States International Develop- 29. 1978: ment Cooperation Agency, the Director (1) Executive Order No. 12145 of July of the Office of Personnel Management. 18. 1979: and the Director of the Office of Manage- (m) Section 1-104(b) of Executive Or- ment and Budget, in order to ensure com- der No. 12188 of January 2, 1980. patibility between the Foreign Service 180 Administration of Ronald Reagan, 1981 Feb. 23 personnel system and other government tablished in the Department of State the personnel systems. Board of Examiners for the Foreign Serv- SEC. 3. The Secretary of State shall ice. make recommendations to the President (b) The Board shall be appointed by, through the director of the Office of Man- and in accordance with regulations pre- agement and Budget whenever action is scribed by, the Secretary of State, except appropriate under Section 827 of the Act that not less than five shall be career mem- (22 U.S.C. 4067) to maintain existing bers of the Foreign Service and not less conformity between the Civil Service Re- than seven shall be appointed as follows. tirement and Disability System and the (1) not less than five shall be appointed Foreign Service Retirement and Disability by the heads of the agencies utilizing the System. Foreign Service personnel system; SEC. 4. In accord with Section 402 of (2) not less than one shall be a repre- the Act (22 U.S.C. 3962), there are estab- sentative appointed by the Director of the lished the following salary classes with Office of Personnel Management; and titles for the Senior Foreign Service SFS), at basic rates of pay equivalent to (3) not less than one shall be a repre- that established from time to time for the sentative appointed by the Secretary of Labor. Senior Executive Service (ES) under Sec- tion 5382 of Title 5 of the United States (c) The Secretary of State shall des- Code. ignate from among the members of the CAREER MINISTER Board a Chairman who is a member of the Service. a) Basic rate of pay equivalent to ES 6. (d) The Secretary of State shall pro- MINISTER-COUNSELOR vide all necessary administrative services and facilities for the Board. (a) Basic rate of pay equivalent to ES 6, or (b) Basic rate of pay equivalent to ES 5. or SEC. 7. For the purpose of ensuring the (c) Basic rate of pay equivalent to ES 4. accuracy of information used in the ad- COUNSELOR ministration of the Foreign Service Re- tirement and Disability System. the Secre- a) Basic rate of pay equivalent to ES 6, or tarv of State may request from the Secre- (b) Basic rate of pay equivalent to ES 5, or (c) Basic rate of pay equivalent to ES 4. or tarv of Defense and the Administrator of (d) Basic rate of pay equivalent to ES 3. or Veterans Affairs such information as the (e) Basic rate of pay equivalent to ES 2, or Secretary deems necessarv. To the extent (f) Basic rare of pay equivalent to ES 1. permitted bv law: a The Secretary of SEC. 5. There is hereby delegated to the Defense shall provide information on re- Secretary of State. without further action tired or retainer pay provided under Title by the President. the authority vested in 10. United States Code: and, (b) the Ad- the President by Section 2107 of the Act ministrator of Veterans Affairs shail pro- to the extent necessary to implement vide information on pensions or compen- the provisions of Section 2101 of the Act. sation provided under Title 38 of the relating to pay and benefits pending United States Code. The Secretary, in conversion. consultation with the officials from whom SEC. 6. (a) Pursuant to Section 211 of information is requested. shall ensure that the Act 22 U.S.C. 3931), there is es- information made available under this 181 Feb. 23 Administration of Ronald Reagan, 1981 Order is used only for the purpose au- deliberation on our proposals. Their bi- thorized. partisan support for this resolution is very SEC. 8. This Order shall be effective as much in the spirit of what I said to Con- of February 15. 1981. gress last week: that economic recovery RONALD REAGAN must not be a concern of one party or one The White House. President. but of all parties and indeed all February 23. 1981. Americans. It shouldn't simply be my [Filed with the Office of the Federal Register plan. it should be our plan. 10:54 a.m., February 24, 1981] So. I'm very pleased todav that the legislative process to put America back on the road to economic health is now fully underway Program for Economic Recovery Press Secretary] Jim Bradv's told me and U.S.-Soviet Relations that I can take a couple of questions be- fore I leave. Yes? Remarks at a White House Briefing. February 24, 1981 REPORTER. Mr. President. on the de- fense budget. the rationale for it. in your THE PRESIDENT. I realize I'm interrupt- increase. you believe that it's necessary in ing here. and I did just drop by for a few order to keep from falling behind the minutes before today's briefing ends. that Russians. Now President Brezhnev has I thought I might add a few words of my suggested a summit meeting with you to own to those that vou've already heard try to decrease tensions. and I presume from members of the Cabinet down the line if it all worked. that might Over the past 6 days since I addressed change the rationale for the defense the Congress. the response to our eco- budget. What are the chances that you'd nomic program has been enormously en- have a summit meeting with Brezhnev, couraging. Several thousand Americans under what conditions. and what could have alreadv written to me or have sen: vou discuss? telegrams expressing strong support. If THE PRESIDENT. Well. I think the only you want the figures. the latest telegraph answer to that question is I was most in- count is 2.490 favorable. 43 unfavorable. terested in his suggestion. and it's some- And I won't vouch for the arithmetic. but thing that now we will discuss and discuss somebody that figured it out said that was it with State Department. with the 98 percent in our favor. Cabinet in general, and very particularly. Yesterday, as you know, I had an op- discuss it in the days ahead with the lead- portunity to meet with the Nation's Gov- ers of our allies. which is-Margaret ernors. and they all recognize that this Thatcher coming here. Prime Minister of program will require some belt-tightening. England. this week. That'll be part of the But many of them also agreed that only discussion, because I have pledged to if our Government grows less will our them that we're not going to act on things economy grow more. like this unilaterally. We'll have a discus- And finally, I'm pleased that this morn- sion with all of them as well as with our ing Senators Pete Domenici of New own people, and I have repeatedly said Mexico and Fritz Hollings of South Caro- that I am willing to negotiate if it's a lina are together introducing a reconcilia- legitimate negotiation aimed at verifiable tion resolution in the Senate so that the reductions, in particular, the strategic nu- Congress can begin speedy and earnest clear weapons. 182 THE WHITE HOUSE WASHINGTON October 3, 1985 MEMORANDUM FOR DAVID L. CHEW STAFF SECRETARY FROM: JOHN G. ROBERTS ASSOCIATE COUNSEL THE PRESIDENT SUBJECT: Proposed Executive Order Entitled "Board of Foreign Service" Counsel's Office has reviewed the above-referenced proposed Executive Order. In line 1, "Constitution and" should be added between "the" and "laws." With that change, we have no objection. (I would note, however, that in Acting Director Wright's memorandum for the President, Executive Order 12362 should be 12363.) ID #. CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 OUTGOING H - INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: David Chew MI Mail Report User Codes: (A) (B) (C) Subject: Proposed Executive Order Entitled Board of Foreign Service ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOLL ORIGINATOR 85,10,02 / / Referral Note: CUAT18 R 85,10,02 $ 85,10,03 Referral Note: - 5.p.m. / / / / I Referral Note: / / / / Referral Note: / / / / I Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action 1 - Info Copy Only/No Action Necessary A Answered C Completed C Comment/Recommendation R Direct Reply w/Copy B - Non-Special Referral S Suspended ID Draft Response S For Signature F THE Furnish Fact Sheet X * Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date - Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 Document No. 330023 WHITE HOUSE STAFFING MEMORANDUM DATE: 10/2/85 ACTION/CONCURRENCE/COMMENT DUE BY: 5:00 pm, 10/3/85 SUBJECT: PROPOSED EXECUTIVE ORDER ENTITLED BOARD OF FOREIGN SERVICE ACTION FYI ACTION FYI VICE PRESIDENT LACY REGAN McFARLANE WRIGHT OGLESBY BUCHANAN P CHAVEZ RYAN CHEW P $ SPEAKES DANIELS SPRINKEL FIELDING SVAHN FRIEDERSDORF THOMAS HENKEL TUTTLE HICKEY CLERK HICKS KINGON REMARKS: Please submit your comments to my office by 5:00 p.m. tomorrow. Thank you. RESPONSE: David L. Chew Staff Secretary Ext. 2702 U.S. Department of Justice 11 Office of Legal Counsel Office of the Washington, D.C. 20530 Assistant Attorney General ICT 2 1985 The President, The White House. My dear Mr. President: I am herewith transmitting a proposed Executive order entitled "Board of Foreign Service." This proposed Executive order was submitted by the Department of State and has been forwarded for the consideration of this Department as to form and legality by the Office of Management and Budget with the approval of the Director. The proposed Executive order is approved as to form and legality. Respectfully, Rafol W. Fan Raph 3 Jan Ralph W. Tarr Acting Assistant Attorney General Office of Legal Counsel EXECUTIVE OFFICE OF THE PRESIDENT AVOSE OFFICE OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 October 1, 198500 MEMORANDUM FOR: THE PRESIDENT FROM: JOSEPH R. WRIGHT, ACTING DIRECTOR PROPOSED EXECUTIVE Julimit "BOARD OF THE SUBJECT: FOREIGN SERVICE" SUMMARY. This memorandum forwards for your consideration a proposed Executive order, submitted by the Department of State, that would revoke a provision of a prior Executive Order, relating to the appointment of the Chairman of the Board of the Foreign Service, that has been superseded by law. BACKGROUND. Under prior law, the Chairman of the Board of the Foreign Service was a career Senior Foreign Service officer designated by the Secretary of State. Section 9 (e) of Executive Order No. 12362, which established the Board, tracked that language. Section 153 of Public Law 99-93 has amended the governing law (22 U.S.C. 3930) to provide that the Chairman of the Board shall be an "individual appointed by the President." The proposed Executive order would revoke the now outdated provision of the prior Executive Order. None of the affected agencies has objected to the proposed Executive order. RECOMMENDATION. I recommend that you sign the proposed Executive order. Enclosure EXECUTIVE ORDER BOARD OF THE FOREIGN SERVICE By the authority vested in me as President by the laws of the United States of America, including section 153 of Public Law 99-93, it is hereby ordered that Section 9 (e) of Executive Order No. 12293, as amended, relating to the appointment of the Chairman of the Board of the Foreign Service, is revoked, and that Section 9 (f) of that Order is redesignated as Section 9 (e). THE WHITE HOUSE,