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[JGR/Appointee Clearances - 11/14/1985-12/31/1985]
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118567550
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[JGR/Appointee Clearances - 11/14/1985-12/31/1985]
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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 - 11/14/1985-12/31/1985] 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/ WITHDRAWAL SHEE I Ronald Reagan Library Collection Name ROBERTS, JOHN G.: FILES Withdrawer CAS 8/25/2005 File Folder [JGR/APPOINTEE CLEARANCES - 11/14/1985-12/31/1985] FOIA F05-139/01 Box Number 3 COOK 24KDB Doc Doc Type Document Description No of Doc Date Restrictions No Pages 1 MEMO J. ROBERTS TO RICHARD HAUSER RE 111/18/1985 B6 385 PROSPECTIVE NOMINEE (PARTIAL) 2 MEMO ROBERTS TO HAUSER RE 211/20/1985 B6 386 APPOINTMENTS TO PRESIDENT'S NATIONAL SECURITY TELECOMMUNICATIONS ADVISORY COMMITTEE (P. 1 PARTIAL, P. 2 CLOSED) 3 MEMO ROBERTS TO HAUSER RE PROSPECTIVE 111/21/1985 B6 387 APPOINTEE (PARTIAL) 4 MEMO ROBERTS TO HAUSER RE PROSPECTIVE 111/21/1985 B6 388 APPOINTEE (PARTIAL) 5 MEMO ROBERTS TO DIANA HOLLAND, RE: 112/31/1985 B6 1173 REAPPOINTMENT OF JOYCE C. YOUNG TO THE COMMITTEE FOR PURCHASE FROM THE BLIND AND OTHER SEVERELY HANDICAPPED (THIS DOCUMENT HAS BEEN RELEASED IN WHOLE) 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 November 14, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS OPR SUBJECT: Panama Canal Alternative Study Commission You have asked if a judge may serve on the so-called Panama Canal Alternative Study Commission. Pursuant to Section 1109 of the Panama Canal Act of 1979, 22 U.S.C. $ 3619, the President is authorized to "appoint the representatives of the United States to any joint committee or body with the Republic of Panama to study the possibility of a sea level canal in the Republic of Panama pursuant to Article XII of the Panama Canal Treaty of 1977. " The President is also directed to transmit the text of any completed study to Congress. The Commission is authorized only to conduct a study, and accordingly the U.S. representatives will not be engaged in any functions which can only be performed by an executive officer of the United States. I therefore see no constitu- tional objection to appointing a member of the judiciary as the U.S. representative to this study commission. 123 FOREIGN RELATIONS 22 § 3621 I 3619. Joint sea level canal study (a) Committee: appointment of representatives The President shall appoint the representatives of the United States to any joint committee or body with the Republic of Panama to study the possibility of a sea level canai in the Republic of Panama pursuant to Anticle XII of the Panama Canal Treaty of 1977. (b) Transmittal of study to President of the Senate and Speaker of the House of Representa- tives Upon the completion of any joint study between the United States and the Republic of Panama concerning the feasibility of a see level canal in the Republic of Panama pursuant to paragraph 1 of Article XII of the Panama Canal Treaty of 1977. the text of the study shall be transmitted by the President to the President of the Senate and to the Speaker of the House of Representatives (c) Congressional authorization respecting construction off sea level canal No construction of a sea level canal by the United States in the Republic of Panama shall be undertaken except with express congressional authorization after submission of the study by the President as provided in subsection (b) of this section (Pub.L. 96-70, Title I, § 1109, Sept. 27, 1979, 93 Stat. 459.) Effective Date. Section effective Oct. 1, 1979. Legislative History. For legislative history and see section 3304 of Pub.L. 96-70, set out as a note purpose of Pub.L. 96-70, see 1979 U.S. Code under section 3601 of this title. Cong. and Adm. News, p. 1034. § 3620. Authority of Ambassador (a) The United States Ambassador to the Republic of Panama shall have full responsibility for the coordination of the transfer to the Republic of Panama of those functions that are to be assumed by the Repubbe of Panama pursuant to the Panama Canal Treatv of 1977 and related agreements. (b) (1) The Commission snall not be subject to the direction or supervision of the United States Chief of Mission in the Republic of Panama with respect to the responsibilities of the Commission for the operation. management. or maintenance of the Panama Canal. as established in this chapter or any other Act or in the Panama Canal Treaty of 1977 and related agreements, except that the Commission shall keep the Ambassador fully and currently informed with respect to all activities ano operations of the Commission (2) Except as provided in paragraph (1) of this subsection. section 2680a of this title snall apply with respect to the activities of the Commission. (Pub.L. 96-70. Title I. $ 1110. Sept. 27. 1979. 93 Stat. 459.1 References in Text. This chapter. referred to National Defense. repealed section 3402 of Title in subsec. (b) (1). in the original read "this Act". 39. and section 191b of Title 50. and enacted meaning Pub.L. 96-70. Sept. 27. 1979. 93 Stat. provisions set out as notes under sections 3601. 452. known as the Panama Canal Act of 1979. 3602. and 3852 of this utic. sections 8336 ano which in addition to enacting this chapter. ameno- 8339 of Title 5. and sections 1101 and 1182 of ed section 2778 of this title. sections 305. 5102. Title 8 5316. 5342. 5343. 5348. 5373. 5504. 5533. 5541. 5583. 5595. 5724a. 6301. 6322. 6323. 8102. 8146. Effective Date. Section effective Oct. 1, 1979. 8335. 8336. 8339. 8348. 8701. and 8901 of Title 5. we section 3304 of Pub.L. 96-70, set out as a note Government Organization and Employees. sec. under section 3601 of this title tions 1101 and 1182 of Title 8, Aliens and Nation- ality, section 213 of Title 29. Labor. sections 403. Legislative History. For legislative history and 3401. and 3682 of Title 39. Postal Service. and purpose of Pub.L. 96-70. see 1979 U.S. Code sections 191. 195, and 196 of Title 50, War and Cong and Adm. News. p. 1034. @ 3621. Security legislation It IS the sense of the Congress that the best interests of the United States require that the President enter into negotiations with the Republic of Panama for the THE WHITE HOUSE WASHINGTON November 18, 1985 MEMORANDUM FOR DIANNA G. HOLLAND FROM: JOHN G. ROBERTS DDR SUBJECT: Appointment of John D. Negroponte to the National Commission on Space I have reviewed the Personal Data Statement and SF-278 submitted by John D. Negroponte in February 1985 in con- nection with his appointment to be Assistant Secretary of State for Oceans and International Environmental and Scien- tific Affairs. Those materials are adequate for purposes of this ex officio appointment as Department of State representa- tive to the National Commission on Space. The Commission was established by Public Law 98-361, 42 U.S.C. $ 2451 note, to study space activities and formulate an agenda for the U.S. civilian space program. The Commission is to submit to the President and Congress a long-range plan for civilian space activity. Pursuant to Section 203 (b) (1) (B) of Public Law 98-361, the President is authorized to appoint an individual from the Department of State to be an ex officio, advisory, non-voting member of the Commission. Negroponte serves in the Department of State, and accordingly satisfies the only criterion for appointment. His PDS and SF-278 present no problems, particularly given the broad agenda of the Commission. I have no objection to proceeding with this appointment. THE WHITE HOUSE WASHINGTON November 18, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS 826 SUBJECT: Prospective Nomination of Otto J. Reich to be Ambassador to Venezuela I have reviewed the SF-278 - and related materials submitted by Otto Reich in connection with his prospective nomination to be Ambassador to Venezuela. Reich notes that his nomina- tion may be subject to attack because of his previous affiliation with the Council of the Americas, a non-profit association of U.S. companies with investments in Latin America, and because he is identified with the President's policies with respect to Central America. (Curiously, Reich also notes that he worked for the McGovern presidential campaign in 1972.) These concerns are all policy ones that presumably have already been addressed. B6 I have no objection to proceeding with the nomination. THE WHITE HOUSE WASHINGTON November 19, 1985 MEMORANDUM FOR DIANNA G. HOLLAND FROM: JOHN G. ROBERTS JZR SUBJECT: Appointments of James E. Seitz, Richard M. Larry, Constance J. Horner, and John A. Love 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. The President is authorized to appoint an unspecified number of members to the Commission by Executive Order 11183, as amended. Members must be "outstanding citizens from the fields of public affairs, education, the sciences, the professions, other fields of private endeavor, and the Government service." Constance Horner is the Director of the Office of Personnel Management; Richard Larry is the President of a charitable foundation; James Seitz is the Partner-in-Charge of the New York office of Touche Ross & Co.; and John Love is a member of the Denver law firm Davis, Graham & Stubbs. None of the PDS's filed by these individuals raise any concerns, and I have no objection to their appointments. THE WHITE HOUSE WASHINGTON November 20, 1985 MEMORANDUM FOR JOHN ROBERTS FROM: DIANNA HOLLAND def For your information, the people listed on the attached sheet are going to be reappointed to the President's Foreign Intelligence Advisory Board. Fred and Dick have agreed that we do not need to get updated personal data statements from them. all Resppointments THE WHITE HOUSE WASHINGTON DATE: 11/12 TO: JANE DANNENHAUER M.B OGLESBY KATJA BULLOCK FROM: CATHERINE BEDELL OFFICE OF PRESIDENTIAL PERSONNEL Please start appropriate clearances for the following prospective appointees for Presidential Boards and Commissions: anne aimstrong albert D Wheelon Leo Cherne Howard H. Baker, Jr. William O. Baker W Glenn Campbell John A. Foster Jr. Clare Luce Booth Henry a Kissinger Clare Boothe hure William French Amith Who are under consideration for appointment as members of: Presidents Foreyn Antellegence advisory Board (Pa) Susan Borchard, Associate Director, Extension 7590. Senior Staff n/A President 11/1 Announcement Full Field/Name Check Appt. Memo THE WHITE HOUSE WASHINGTON November 20, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS DR SUBJECT: Appointments of Donald B. Rassier, Rocco J. Marano, and William R. Hoover to the President's National Security Telecommunications Advisory Committee I have reviewed the Personal Data Statements submitted by Donald E. Rassier, Rocco J. Marano, and William R. Hoover in connection with their prospective appointments to the President's National Security Telecommunications Advisory Committee. The Committee was established by Executive Order 12382 (September 13, 1982) to provide advice to the President and the Secretary of Defense on national security telecommuni- cations policy. Pursuant to the Executive Order, the President may appoint up to 30 members to the Committee, who "shall have particular knowledge and expertise in the field of telecommunications and represent elements of the Nation's telecommunications industry." Rocco Marano is President of Bell Communications Research. His PDS presents no problems B6 Since members of this Committee serve in a representative capacity, these interests present no conflict problems. Donald B. Rassier is President of Ford Aerospace & Communications. B6 William Hoover is President and Chairman of Computer Sciences Corporation (CSC) Bb B6 Attachments THE WHITE HOUSE WASHINGTON November 21, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS JR SUBJECT: Appointment of Thomas G. Pownall to the President's National Security Telecommunications Advisory Committee I have reviewed the Personal Data Statement submitted by Thomas G. Pownall in connection with his prospective appoint- ment to the President's National Security Telecommunications Advisory Committee. The Committee was established by Executive Order 12382 (September 13, 1982) to provide advice to the President and the Secretary of Defense on national security telecommunications policy. Pursuant to the Executive Order, the President may appoint up to 30 members to the Committee, who "shall have particular knowledge and expertise in the field of telecommunications and represent elements of the Nation's telecommunications industry." Thomas G. Pownall is Chairman and CEO of Martin Marietta Corporation, a leading defense contractor. THE WHITE HOUSE WASHINGTON November 21, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: JOHN G. ROBERTS one SUBJECT: Appointment of Lane Carson to the Architectural and Transportation Barriers Compliance Board Pursuant to 29 U.S.C. $ 792 (a) (1) (A) the President is authorized to appoint eleven members to this Board from the general public, of whom five shall be handicapped individuals. Reappointments are authorized, but no member may be reap- pointed more than once without a hiatus of at least two years in Board service. It is the function of the Board to ensure compliance with the Architectural Barriers Act of 1968 and to explore and report on various issues relating to access by the handicapped. See 29 U.S.C. § 792 (b). Lane Carson is an assistant district attorney in Louisiana, and a former member of the Louisiana legislature. He has been active in disabled Vietnam veterans affairs, including service on Veterans Administration advisory committees. Bb I have no objections to proceeding with this appointment. THE WHITE HOUSE WASHINGTON November 25, 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: Thomas G. Pownall - Member, President's National Security Telecommunications Advisory Committee CC: Amy Weist Jane Dannenhauer Richard Hauser John Roberts Catherine Bedell THE WHITE HOUSE WASHINGTON November 25, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING All necessary clearances have been accomplished with regard to the following individuals and they are ready for appointment to the President's Foreign Intelligence Advisory Board: William O. Baker W. Glenn Campbell Leo Cherne John S. Foster, Jr. Henry A. Kissinger William French Smith Albert D. Wheelon CC: Amy Weist Jane Dannenhauer Richard Hauser John Roberts Catherine Bedell THE WHITE HOUSE WASHINGTON December 3, 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: John A. Love - Member, President's Commission on White House Fellowships CC: Amy Weist Jane Dannenhauer John Roberts Catherine Bedell THE WHITE HOUSE WASHINGTON December 3, 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: Lane Carson - Member, Architectural and Transportation Barriers Compliance Board CC: Amy Weist Jane Dannenhauer John Roberts Catherine Bedell THE WHITE HOUSE WASHINGTON December 12, 1985 MEMORANDUM FOR DIANNA G. HOLLAND FROM: JOHN G. ROBERTS 822 SUBJECT: Appointment of Robert S. Leventhal to the President's National Security Telecommunications Advisory Committee I have reviewed the Personal Data Statement submitted by Robert Stanley Leventhal in connection with his prospective appointment to the President's National Security Telecom- munications Advisory Committee. The Committee was estab- lished by Executive Order 12382 (September 13, 1982) to provide advice to the President and the Secretary of Defense on national security telecommunications policy. Pursuant to the Executive Order, the President may appoint up to 30 members to the Committee, who "shall have particular know- ledge and expertise in the field of telecommunications and represent elements of the Nation's telecommunications industry." Mr. Leventhal is CEO of Western Union, and clearly satisfies the statutory criteria. He has associations and financial interests in the telecommunications field, but these do not present conflicts problems since members of this Committee serve in a representative capacity. I have no objection to proceeding with this appointment. Attachment THE WHITE HOUSE WASHINGTON December 12, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS SUBJECT: Advisory Committee for Trade Negotiations Bob Tuttle has asked if a state government employee may be appointed to the Advisory Committee for Trade Negotiations. Tuttle wishes to make such an appointment, but was told by USTR that the Committee is a private sector board on which government officials are not eligible to serve. The Committee is authorized by 19 U.S.C. $ 2155 (b). That subsection provides that the Committee "shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public" (emphasis supplied). It seems clear, therefore, that government officials may be appointed to the Committee. I called Al Holmer for clarification of the USTR position. He conceded that there was no legal bar to the appointment contemplated by Tuttle, but noted that historically the Committee had been a purely private sector committee. He stated that USTR strongly preferred to keep committee membership restricted to the private sector, for policy reasons. The attached memorandum for your signature advises Tuttle that he may legally appoint a state government official to the Committee. (Indeed, an argument can be made that such an official must be appointed, since the statute provides that the Committee "shall include representatives of government Attachment THE WHITE HOUSE WASHINGTON December 17, 1985 MEMORANDUM FOR ROBERT E. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL Orig: signed by FFF FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Advisory Committee for Trade Negotiations You have asked if a state government official may be appointed to the Advisory Committee for Trade Negotiations. The Committee was established pursuant to 19 U.S.C. $ 2155(b). That subsection provides that the Committee "shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public" (emphasis supplied). Accordingly, a state government official may be appointed to the Committee, as far as Federal law is correct. My office discussed this with USTR. USTR now agrees that there is no legal bar to appointing a state government official to the Committee, but USTR objects to such an appointment on policy grounds, preferring to keep the Committee a purely private sector committee. You should resolve that policy dispute as you see fit. As a legal matter, such an appointment may be made, and indeed it could be argued that such an appointment must be included. Note also, however, that some state laws prohibit officials from serving in the Federal Government. FFF: JGR; aea 12/17/85 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON December 13, 1985 MEMORANDUM FOR ROBERT E. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Advisory Committee for Trade Negotiations You have asked if a state government official may be appointed to the Advisory Committee for Trade Negotiations. The Committee was established pursuant = 19 U.S.C. § 2155 (b). That subsection provides that the Committee "shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public" (emphasis supplied). Accordingly, a state government official may be appointed to the Committee. My office discussed this with USTR. USTR now agrees that there is no legal bar to appointing a state government official to the Committee, but USTR objects to such an appointment on policy grounds, preferring to keep the Committee a purely private sector committee. You should resolve that policy dispute as you see fit. As a legal matter, such an appointment may be made, and indeed it could be argued that such must be done. FFF: JGR:aea 12/13/85 cc: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON December 17, 1985 MEMORANDUM FOR ROBERT H. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Advisory Committee for Trade Negotiations You have asked if a state government official may be appointed to the Advisory Committee for Trade Negotiations. The Committee was established pursuant to 19 U.S.C. S 2155 (b). That subsection provides that the Committee "shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public" (emphasis supplied). Accordingly, a state government official may be appointed to the Committee, as far as Federal law is correct. My office discussed this with USTR. USTR now agrees that there is no legal bar to appointing a state government official to the Committee, but USTR objects to such an appointment on policy grounds, preferring to keep the Committee a purely private sector committee. You should resolve that policy dispute as you see fit. As a legal matter, such an appointment may be made, and indeed it could be argued that such an appointment must be included. Note also, however, that some state laws prohibit officials from serving in the Federal Government. FFF: JGR;aea 12/17/85 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE and WASHINGTON December 13, 1985 MEMORANDUM FOR ROBERT H. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Advisory Committee for Trade Negotiations You have asked if a state government official may be appointed to the Advisory Committee for Trade Negotiations. The Committee was established pursuant to 19 U.S.C. $ 2155 (b). That subsection provides that the Committee "shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public" (emphasis supplied). Accordingly, a state government official may be appointed to the Committee, as for as Feded law ed coment. My office discussed this with USTR. USTR now agrees that there is no legal bar to appointing a state government official to the Committee, but USTR objects to such an appointment on policy grounds, preferring to keep the Committee a purely private sector committee. You should resolve that policy dispute as you see fit. As a legal matter, such an appointment may be made, and indeed it could be argued that such must be done. an appir much he melided Note also, however, the Some state laws prohibit offices from seen in the federal growt. THE WHITE HOUSE WASHINGTO December 12, 1985 MEMORANDUM FOR ROBERT E. TUTTLE DEPUTY ASSISTANT TO THE PRESIDENT DIRECTOR, PRESIDENTIAL PERSONNEL FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Advisory Committee for Trade Negotiations You have asked if a state government official may be appointed to the Advisory Committee for Trade Negotiations. The Committee was established pursuant to 19 U.S.C. $ 2155 (b). That subsection provides that the Committee "shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public" (emphasis supplied). Accordingly, a state government official may be appointed to the Committee. My office discussed this with USTR. USTR now agrees that there is no legal bar to appointing a state government official to the Committee, but USTR objects to such an appointment on policy grounds, preferring to keep the Committee a purely private sector committee. You should resolve that policy dispute as you see fit. As a legal matter, the appointment may be made. FFF:JGR:aea 12/12/85 cc: FFFielding JGRoberts Subj Chron 361787 ID #. CU JV 1 WHITE HOUSE F6006.15 CORRESPONDENCE TRACKING WORKSHEET o ** OUTGOING H - INTERNAL n I INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Robert H Kettle MI Mall Report User Codes: (A) Subject: Negotiations advisory Committee for (B) asade (C) ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Office/Agency (Staff Name) Date Code YY/MM/DD Response Code YY/MM/DD COHolland ORIGINATOR CJ 8511121 / / W AT18 Referral Note: D 85,11 122 CJ $ 85,12102 CJ Referral Note: I / / / Referral Note: / / / / Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Info Copy Only/No Action Necessary A Answered C * Comment/Recommendation C Completed R Direct Reply w/Copy D - Draft Response B - Non-Special Referral S Suspended S - For Signature F Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Comments: Steven a Merksamer Completion Date = Date of Outgoing 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 THE WHITE HOUSE 361787(u) WASHINGTON November 21, 1985 MEMORANDUM FOR FRED FIELDING FROM: ROBERT H. TUTTLE Rt SUBJECT: ADVISORY COMMITTEE FOR TRADE NEGOTIATIONS We would like to submit Steven A. Merksamer's name to Senior Staff for appointment to the Advisory Committee for Trade Negotiations. He is currently serving as the Chief of Staff to the Governor of California. The U.S. Trade Representative's office has expressed to us that this is a private sector board and government officials are not eligible to serve. The authority sheet (attached) defines the membership as representatives of "government, labor, industry, agriculture ...". We would like to know your clarification of the issue, as to whether or not Mr. Merksamer is eligible to serve. Fred - merksamer wants to be with on a board as th international experience of this seems like a good fit. Bob ADVISORY COMMITTEE FOR TRADE NEGOTIATIONS Office of the United States Trade Representative Executive Office of the President AUTHORITY: 19 U.S.C. 2155 P.L. 93-618, Title 1. Sec. 135(b), January 3, 1975 P.L. 96-39, 93 Stat. 308, July 26, 1979 (change in Chmn. P.L. 96-39, Sec. 1103(14), 93 Stat. 309, July 2t, 197° (eliminates report and termination) METHOD: Appointed by the President MEMBERS: Not more than FORTY-FIVE (Shall representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public.) CHAIRMAN: Shall be elected by the Committee from among its members. TERM: TWO YEARS, and may be reappointed for one or more additional periods. (NOT HOLDOVERS) SALARY: Without compensation PURPOSE: Provide overall policy advice on matters with respect to negotiating objectives and bargaining positions before entering into a trade agreement: to the operation of any trade agreement once entered into; and to other matters arising in connection with the administration of the trade policy of the U.S. NOTE: The United States Trade Representative shall make available to the Committee such staff, information, per- sonnel, and administrative services and assistance as it may reasonably require to carry out its activities. THE WHITE HOUSE WASHINGTON December 13, 1985 MEMORANDUM FOR DAVID L. CHEW STAFF SECRETARY FROM: JOHN G. ROBERTS ASSOCIATE COUNSEL TO THE PRESIDENT SUBJECT: Deferral of Mandatory Retirement for General Richard H. Thompson Counsel's Office has reviewed the memoranda for the President from Richard Riley and the Deputy Secretary of Defense, respectively, proposing that the President defer for nine months the retirement of General Richard H. Thompson. This office finds no objection to the proposal from a legal perspective. THE WHITE HOUSE WASHINGTON December 20, 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: Robert S. Leventhal - Member, President's National Security Telecommunications Advisory Committee CC: Amy Weist Jane Dannenhauer John Roberts Catherine Bedell THE WHITE HOUSE WASHINGTON December 20, 1985 MEMORANDUM FOR ROBERT H. TUTTLE FROM: FRED F. FIELDING All necessary clearances have been accomplished with regard to the following individual and they are ready for appointment to the President's Foreign Intelligence Advisory Board: Anne Armstrong Leo Cherne Howard H. Baker, Jr. William O. Baker W. Glenn Campbell John S. Foster, Jr. Henry A. Kissinger Clare Boothe Luce William French Smith Albert D. Wheelon CC: Amy Weist Jane Dannenhauer Richard Hauser John Roberts Catherine Bedell THE WHITE HOUSE WASHINGTON December 26, 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: Otto J. Reich - to be Ambassador to the Republic of Venezuela CC: Amy Weist Jane Dannenhauer Richard Hauser John Roberts THE WHITE HOUSE WASHINGTON December 27, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS OZC SUBJECT: Terrence Scanlon You have asked if the Senate's action in not returning the Scanlon nomination upon recess, but instead leaving it on the calendar for action, is legal. This procedure is "legal," but only because it has no real legal significance. 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 not unusual, however, for the Senate to waive the Rule with respect to certain nominations, for one reason or another. That is what was done in Scanlon's case. This in no way affects the President's power to make a recess appointment of Scanlon, should he decide to do SO. The only consequence is that the President need not resubmit Scanlon's nomination when the Senate returns -- it will already be before the Senate. CC: H. Lawrence Garrett, III THE WHITE HOUSE WASHINGTON December 27, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS 722 SUBJECT: Terrence Scanlon You have asked if the Senate's action in not returning the Scanlon nomination upon recess, but instead leaving it on the calendar for action, is legal. This procedure is "legal," but only because it has no real legal significance. 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. Under this Rule, all pending nominations (except Scanlon's) were returned. It is not unusual, however, for the Senate to waive the Rule with respect to certain nominations, for one reason or another. That is what was done in Scanlon's case. This in no way affects the President's power to make a recess appointment of Scanlon, should he decide to do SO. The only consequence is that the President need not resubmit Scanlon's nomination when the Senate returns -- it will already be before the Senate. CC: H. Lawrence Garrett, III White House News Summary -- Monday, December 23, 1985 -- page 2 of 2 4:00 P.M. NEWS UPDATE (continued) FARM BILL (AP) -- President Reagan today signed into law a farm bill that is likely to boost federal subsidy spending to record levels while it tries to buffer farmers from the cost of restoring health to U.S. exports. But despite reservations about the high spending and some provisions the Administration regards as detrimental, Reagan said the legislation is "on balance a step forward for American agriculture" that will move farming closer to the "market-oriented" industry he has sought. (Reuter) -- Signing of the legislation followed a year of bitter debate between the Administration and Congress over how best to help farmers regain lost export markets while bringing the exploding cost of federal farm programs under control. The Administration wanted deep cuts in farm income subsidies, but members of Congress insisted on maintaining the subsidies during the current farm crisis. BUDGET (AP) -- President Reagan has been called upon to rule in a handful of key disputes between federal agency directors and the White House budget office over next year's package of $50 billion in proposed spending cuts, Administration officials said Monday. The sources, who spoke only on the condition that they not be identified, said battles over sweeping cuts in health and housing programs are among the unresolved issues requiring a presidential decision. Only a few Cabinet members have chosen to appeal to Reagan specific cuts proposed by budget director James Miller, said Edwin Dale, spokesman for the Office of Management and Budget. SPACE STATION (UPI/Cape Canaveral) -- The White House budget office has proposed chopping $480 million from NASA's fiscal 1987 budget request for the space station project, delaying it by three years, it was reported Monday (by Aviation Week & Space Technology). JR SCANLON (UPI) -- Terrence Scanlon, named head of the Consumer Products Safety Commission, was President Reagan's only nominee with committee approval who was not confirmed in the crush of the adjournment /Ister 15 by Congress. But the Senate agreed to leave the Scanlon nomination on the calendar for action when Congress comes back Jan. 21 instead of legl? returning it to the White House. HOCKEY (UPI/Boston) -- The Jewish Defense League warned Boston Bruins officials there could be violence at Boston Garden if the team does not cancel a Jan. 6 game against a top Russian hockey team, a JDL spokesman said Monday. -end- THE WHITE HOUSE WASHINGTON December 31, 1985 MEMORANDUM FOR DIANNA G. HOLLAND FROM: JOHN G. ROBERTS $JZR SUBJECT: Reappointment of Joyce C. Young to the Committee for Purchase from the Blind and Other Severely Handicapped I have reviewed the Personal Data Statement submitted by Joyce Canney Young in connection with her prospective reappointment to the Committee for Purchase from the Blind and Other Severely Handicapped. The Committee was estab- lished by 41 U.S.C. $ 46. The President is authorized to appoint to the Committee an individual who is not an officer or employee of the Government and who is "conversant with the problems incident to the employment of severely handi- capped individuals." 41 U.S.C. $ 46 (a) (2) (B). Mrs. Young is handicapped from polio, and her various charitable activities satisfy the statutory criteria. Reappointments are specifically authorized by 41 U.S.C. § 46 (d) (1). I have no objection to proceeding with this reappointment. Attachment THE WHITE HOUSE WASHINGTON December 31, 1985 MEMORANDUM FOR DIANNA G. HOLLAND FROM: JOHN G. ROBERTS J2R SUBJECT: Reappointment of Joyce C. Young to the Committee for Purchase from the Blind and Other Severely Handicapped I have reviewed the Personal Data Statement submitted by Joyce Canney Young in connection with her prospective reappointment to the Committee for Purchase from the Blind and Other Severely Handicapped. The Committee was estab- lished by 41 U.S.C. $ 46. The President is authorized to appoint to the Committee an individual who is not an officer or employee of the Government and who is "conversant with the problems incident to the employment of severely handi- capped individuals." 41 U.S.C. S 46 (a) (2) (B). Mrs. Young B6 is handicapped and her various charitable activities satisfy the statutory criteria. Reappointments are specifically authorized by 41 U.S.C. $ 46 (d) (1). I have no objection to proceeding with this reappointment. Attachment