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Enrolled Bills - (11/30/1983-12/31/1983)

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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: Enrolled Bills - (11/30/1983-12/31/1983) Box: 21 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/ THE WHITE HOUSE WASHINGTON November 30, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS SUBJECT: Enrolled Bill H.R. 3765 -- Las Vegas Paiute Trust Lands Richard Darman asked for comments on the above-referenced enrolled bill by 10:00 a.m. tomorrow. The bill would declare that 3,800 acres of public land in Nevada (valued at $1.5 million) be held in trust for the Las Vegas Paiute Tribe. The tribe, consisting of 143 members, has no legal claim to the land, but simply wants to expand its economic base. Interior originally opposed the bill, contending that the land should not be transferred without compensation, but now has no objection. OMB recommends approval; Justice and EPA defer to Interior. This bill essentially does nothing more than take money from you, me, and everyone else and give it to 143 people in Nevada (about $10,000 each), simply because they want it. I have reviewed the memorandum for the President prepared by OMB's Assistant Director for Legislative Reference James M. Frey, and the bill itself, and have no legal objection. Attachment THE WHITE HOUSE WASHINGTON November 30, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill H.R. 3765 -- Las Vegas Paiute Trust Lands Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. I sure do otherwise, however! FFF:JGR:aea 11/30/83 CC: FFFielding/JGRoberts/Subj/Chron THE WHITE HOUSE WASHINGTON November 30, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill H.R. 3765 -- Las Vegas Paiute Trust Lands Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. FFF:JGR:aea 11/30/83 CC: FFFielding/JGRoberts/Subj/Chron ID #. 168298 CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 OUTGOING H INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Richard G. DARMAN MI Mail Report User Codes: (A) (B) (C) Subject: Enrolled Bill H.R. 3765 - Las Vegas Painte Trust Lands ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD WHOLL ORIGINATOR 83,11,80 / / Referral Note: CUATIE D 83/11/30 S83,12,01 Referral Note: 10:00am / / / / Referral Note: / / NOS / / - Referral Note: / / / / I Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C . Comment/Recommendation R . Direct Reply w/Copy B Non-Special Referral S Suspended D Draft Response 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" 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. 168298SS WHITE HOUSE STAFFING MEMORANDUM DATE: 11/29/83 ACTION/CONCURRENCE/COMMENT DUE BY: 10:00 a.m. 12/1/83 SUBJECT: Enrolled Bill H.R. 3765 - Las Vegas Paiute Trust Lands ACTION FYI ACTION FYI VICE PRESIDENT HICKEY MEESE JENKINS BAKER McFARLANE DEAVER McMANUS STOCKMAN MURPHY DARMAN P 5S ROGERS DUBERSTEIN SPEAKES FELDSTEIN SVAHN FIELDING VERSTANDIG FULLER WHITTLESEY GERGEN HERRINGTON REMARKS: Please provide comments/recommendations on the attached enrolled bill by 10:00 a.m. THURSDAY, December 1, 1983. Thank you. RESPONSE: NOV 30 190 Richard G. Darman Assistant to the President Ext. 2702 THE 352.80 EXECUTIVE OFFICE OF THE PRESIDENT to: 20 3 6:07 BUDGET OFFICE OF MANAGEMENT AND BUDGET STATE WASHINGTON, D.C. 20503 NOV 29 1983 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 3765 - Las Vegas Paiute Trust Lands Sponsors - Representatives Reid (D) and Vucanovich (R) Nevada Last Day for Action December 5, 1983 - Monday Purpose Declares that approximately 3,800 acres of public land in Clark County, Nevada, be held in trust for the Las Vegas Paiute Tribe and become part of the Tribe's reservation. Agency Recommendations Office of Management and Budget Approval Department of the Interior No objection Department of Justice Defers to Interior Environmental Protection Agency Defers to Interior y) Discussion H.R. 3765 would transfer approximately 3,800 acres of public land in Clark County, Nevada, with an estimated value of $1.5 million, to the Secretary of the Interior to be held in trust for the Las Vegas Paiute Tribe of Nevada. Transfer of the land would be subject to valid existing rights. In addition, H.R. 3765 would (1) allow the Tribe to lease reservation lands for periods up to 99 years and (2) apply to the acreage provisions of the Clean Air Act that give States and Indian tribes mutual remedies if a redesignation of lands in their jurisdiction is detrimental to either party. The Las Vegas Paiute Tribe consists of 143 members and has a trust land base of 12.5 acres located in the city of Las Vegas. The Tribe's land base is fully used and includes tribal residences, streets, a community service building, a commercial building, and a cemetery. The Las Vegas Paiutes currently operate a successful construction company and spend over 90 percent of their profits to provide services such as housing, law 2 enforcement, and education to their members. The Tribe is seeking to expand its reservation to further the Tribe's economic development. Tribal plans for use of the land include housing, a light industrial park, and a sand and gravel operation. Department of the Interior's Views The Department of the Interior initially opposed H.R. 3765, because the Las Vegas Paiute Tribe has no claim to the lands that would justify transferring them without compensation. Interior advised the Congress that it would have no objection to selling the land to the Tribe under the Federal Land Policy and Management Act (FLPMA) for fair market value. Congressional supporters of H.R. 3765 concluded, however, that a purchase requirement would impair the Tribe's efforts to continue providing services to its members and inhibit its ability to invest in existing and future income-producing activities. The Department has reevaluated its position and now has no objection to approval of the bill, because there are no plans for Federal use of these lands and the most beneficial use would be to transfer them to the Las Vegas Paiute Tribe. Assistant James Director m. They for Legislative Reference Enclosures THE WHITE HOUSE WASHINGTON November 30, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS SUBJECT: Enrolled Bill S. 1341 -- Education of the Handicapped Act Amendments of 1983 Richard Darman has aked for comments on the above-referenced enrolled bill by 10:00 a.m. tomorrow. As the Administration recommended, the bill will extend the grant programs of the Education of the Handicapped Act for an additional three years. Over the Administration's objections, however, the bill will impose a wide variety of onerous data gathering, evaluation, and reporting requirements on the Department of Education. There is an unusual provision in the bill, § 6, that would prohibit the Secretary from issuing regulations under the Act that "would procedurally or substantively lessen the protections provided to handicapped children under this Act, as embodied in regulations in effect on July 20, 1983 except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation. The Secretary is also required to consult with panels of outside experts before making grants under the Act. OMB and Education recommend approval; Justice has no comment. I have reviewed the memorandum for the President prepared by OMB Director David A. Stockman, and the bill itself, and have no legal objection. Difficult questions may arise in interpreting the "freezing" provision, § 6, but objections to that provision do not justify overriding the decisions of the affected agencies to continue the grant program under this Act. Attachment THE WHITE HOUSE WASHINGTON November 30, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill S. 1341 -- Education of the Handicapped Act Amendments of 1983 Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. FFF:JGR:aea 11/30/83 CC: FFFielding/JGRoberts/Subj/Chron THE WHITE HOUSE WASHINGTON November 30, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill S. 1341 -- Education of the Handicapped Act Amendments of 1983 Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. FFF:JGR:aea 11/30/83 CC: FFFielding/JGRoberts/Subj/Chron ID # 168287 CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET o * OUTGOING H - INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Richard G. DARMAN MI Mail Report User Codes: (A) (B) (C) Subject: Enrolled Bill S. 1341 - Education of the Handicapped act amendments of 1983 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 83/11/30 / / Referral Note: CUDT18 D 83111 130 5831201 Referral Note: 10:00 am 11 / / I Referral Note: / / / / Referral Note: / / / / I Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R Direct Reply w/Copy B Non-Special Referral S Suspended D Draft Response 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" 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. 168287SS WHITE HOUSE STAFFING MEMORANDUM DATE: 11/29/83 ACTION/CONCURRENCE/COMMENT DUE BY: 10:00 a.m. 12/1/83 SUBJECT: Enrolled Bill S. 1341 - Education of the Handicapped Act Amendments of 1983 ACTION FYI ACTION FYI VICE PRESIDENT HICKEY MEESE JENKINS BAKER McFARLANE DEAVER McMANUS STOCKMAN MURPHY DARMAN P 85 ROGERS DUBERSTEIN SPEAKES FELDSTEIN SVAHN FIELDING - VERSTANDIG FULLER WHITTLESEY GERGEN HERRINGTON REMARKS: Please provide comments/recommendations on the attached enrolled bill by 10:00 a.m. THURSDAY, December 1, 1983. Thank you. RESPONSE: NOV 30 Richard G. Darman Assistant to the President Ext. 2702 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 NOV 20 1983 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 1341 - Education of the Handicapped Act Amendments of 1983 Sponsor - - Sen. Hatch (R) Utah Last Day for Action December 5, 1983 - Monday Purpose Extends and amends the discretionary programs authorized under the Education of the Handicapped Act, including creation of new programs for handicapped youth and the training of parents and changes in reporting requirements and regulatory procedures; also extends appropriations authorizations under the Rehabilitation Act of 1973. Agency Recommendations Office of Management and Budget Approval Department of Education Approval Department of Justice No comment (Informally) Discussion The Education of the Handicapped act (EHA) is the principal vehicle for Federal aid to State and local school systems for educational and related services to handicapped children. In addition to a State formula grant program, the EHA authorizes discretionary programs such as regional resource centers, deaf- blind centers, early childhood education, severely handicapped projects, regional postsecondary services, special education personnel development, and a media services and captioned films program. On April 22, 1983, the Administration submitted legislation to the Congress to extend for three years the authorizations for those EHA discretionary programs scheduled to expire at the end of fiscal year 1983. The Administration proposed no substantive changes, but recommended combining some of the authorizations to increase managerial flexibility. 2 S. 1341 would extend the appropriation authorizations for expiring EHA discretionary programs through fiscal year 1986, and would also make numerous changes in those programs, as summarized below, some of which the Administration objected to. In an effort to enact this legislation before adjournment, a bipartisan agreement was struck in the last days of this year's session, and the bill -- with agreed-upon amendments -- was passed in the House by 415-1. The Senate passed it by voice vote. As part of the bipartisan agreement, S. 1341 includes extensions of the appropriation authorizations under the Rehabilitation Act, through fiscal year 1986 for the State grant program and through 1984 for the discretionary programs and the independent Architectural and Transportation Barriers Compliance Board (ATBCB) authorized by section 502 of the Act. Separate legisla- tion to provide these authorizations had reached an impasse because the House bill (H.R. 3520) included a number of excessive budget authorizations for programs unrelated to the Rehabilitation Act, and the Administration had threatened veto. Before the House floor vote on the EHA bill, the Administration indicated it would not object to passage, with the adoption of certain amendments that were part of the bipartisan agreement. Education of the Handicapped Act S. 1341 contains a number of initiatives which the Department of Education supports in its enclosed views letter. These include: -- expansion of the Preschool Incentive Grant program to allow States to serve children from birth through age 2, instead of starting services at age 3; -- new authorities for postsecondary and secondary education programs and transitional services to improve the potential for handicapped youth to move from EHA school services to work, further education, or more independent living; and -- increased emphasis on the training of parents of handi- capped children, including authority for the Secretary to make grants to private nonprofit organizations for this purpose. Education also believes the bill's "by-pass" provision is desirable. Under this provision, similar to those in most other education grant programs, the Secretary could provide special educational services directly to handicapped children attending private schools in States (two at most) where the State educa- tional agency is now prohibited by State law from providing such services. The Secretary would fund the by-pass by withholding up to the Federal per-child amount from the State and paying it to the service provider. Without such a by-pass, the only way to ensure services to eligible private school children is to withhold all funds from a public agency. 3 S. 1341 would also redirect the regional resource center program toward technical assistance and training rather than direct service, a change that is consistent with the Administration's fiscal year 1984 budget policy. Although the enrolled bill incorporates certain amendments offered by the Department of Education, it contains a number of objectionable provisions, as follows: Excessive Authorization Levels -- The bill would authorize appropriations for EHA discretionary activities totaling $164.0 million for fiscal year 1984, $171.8 million for 1985, and $179.8 million for 1986. This compares to the enacted appropri- ation of $144.2 million for fiscal year 1984. The 1985 level in the bill represents an increase of 19% over fiscal year 1984 and is 102% above the amount estimated for 1985 in your 1984 Budget. Data Gathering, Reporting, and Evaluation Requirements -- The bill would substantially expand already complex and detailed evaluation requirements, and add new reporting and data- gathering requirements including: Summaries of materials produced or developed by each regional resource center to be reported to the Congress. Detailed information, to be reported annually to the Secretary, on (1) the numbers of deaf-blind children and youth served by age, severity, and nature of deaf-blind- ness; (2) the number of paraprofessionals, professionals, and family members directly served by each activity; and (3) the types of services provided. Reports to the Congress containing detailed specified information on early childhood education State grants. Reports to the Secretary and Congress on the numbers of personnel trained and awarded degrees by category and level of training under the special education personnel development program. O A report to the Congress on research projects. Limitations on the Secretary's Authority -- The enrolled bill impinges upon the flexibility of the Secretary to administer the EHA programs and limits the administrative discretion necessary to adjust the programs to changing conditions. In particular, it would: -- require regulations implementing the Part B State grant program to be published for 90 days for public comment (increased from 30). -- prohibit the Secretary from altering current regulations in any way that would lessen protections provided by those regulations to handicapped children. 4 -- continue, with some amendment, the specification in current law of the Department's organization and staffing for special education programs. -- reestablish the National Advisory Committee on the Education of Handicapped Children and Youth, which duplicates the duties and jurisdiction of the National Council on the Handicapped. -- require the Secretary to consult with outside panels of experts before making any grants or contracts under almost all the EHA programs. Rehabilitation Act of 1973 As noted above, the enrolled bill would reauthorize the basic State grant program under the Rehabilitation Act of 1973 for fiscal years 1984, 1985, and 1986, and the various discretionary programs under the Act for fiscal year 1984 only. For basic State grants, the bill would authorize an appropriation of $1,037.8 million for 1984, $33.9 million more than the actual 1984 appropriation; for 1985 and 1986, the appropriation authorization would be determined by changes in the Consumer Price Index. Education believes that the 1984 appropriation, which is about 6 percent higher than the 1983 appropriation level, is more than sufficient to cover any increased costs attributable to inflation. For discretionary programs under the Rehabilitation Act and the ATBCB, the bill would authorize $117.1 million for 1984, plus "such sums" amounts for grants to Indian tribes. Generally, the authorizations contained in S. 1341 for the discretionary programs are close to the 1984 appropriations already enacted (overall, $116.9 million has been appropriated for the discretionary programs covered by this bill and for the ATBCB). Other Appropriation Authorizations The enrolled bill would amend the Omnibus Budget Reconciliation Act of 1981 to increase the 1984 authorization levels to $1,071.8 million for the EHA State grant, $5.5 million for the American Printing House for the Blind, $28.0 million for the National Technical Institute for the Deaf, and $56.0 million for Gallaudet College. These amounts are close to the enacted appropriations for 1984. Summary and Recommendations As described above, S. 1341 contains both unobjectionable features and undesirable provisions. It should be noted that certain provisions to which the Administration objected strongly were deleted from the final version of the bill as follows: 5 -- ambiguous terms, such as "behaviorally disordered" and "developmentally delayed," which would have created major implementation problems. Instead, the enrolled bill requires a special study of the term "behaviorally disordered, which Education believes is a prerequisite to any change of fundamental terms in the EHA. -- authority for the Secretary to waive, at the request of a State, any Federal regulation (including those administered by other Executive agencies) which would interfere with achievement of program objectives of grants to States for early education for handicapped children. In recommending that you sign S. 1341, Education states that it believes the bill's improvements to EHA "outweigh the burden and inconvenience of evaluation and reporting requirements and the predictable inclusion of statutory prescription." The Department also states that the enrolled bill represents a significant improvement over the original House and Senate bills. Considering all the aspects of this legislation, I agree with Education that you should sign S. 1341. (signed) David A. Stockman David A. Stockman Director Enclosures THE WHITE HOUSE Office of the Press Secretary For Immediate Release November 30, 1983 REMARKS OF THE PRESIDENT AT THE SIGNING CEREMONY FOR HR 2780 STATE AND LOCAL FISCAL ASSISTANCE AMENDMENTS OF 1983 3:14 PM EST The East Room THE PRESIDENT: Good afternoon. I learned in public speaking once that you were never supposed to open any remarks with any apology, but I also found out in this job, nine times out of ten you have to apologize for being late. So, I apologize for keeping you all waiting. I'm delighted to see members of Congress, mayors, and the other local officials who are here in the White House this after- noon. It's good to have you in the house that belongs to all of us from every city, county, and town. Like millions of Americans, I grew up in a small town. Back in Dixon, Illinois, government officials and the citizens they were serving knew each other. They were part of the same community, lived next door to each other, and went to the same high school football games, and bumped into each other at the grocery. Dixon officials knew what the people of Dixon needed and they were able to meet those needs with efficiency and imagination. Local government meeting local needs -- that's a fundamental principle of good government. Many government workers here in Washington are diligent and dedicated; I've found that out. And yet they can't know the American people as well as you or congress- men or mayors, county and local officials. If those at the grassroots are to get their jobs done and get them done right, we must give them the resources they need. This bill will send $4.6 billion from Washington back to our cities, counties, and towns. The money will not be spent as Washington dictates, but as local officials choose. It will support police and fire protection, libraries, street maintenance, and other basic local services. And since less than one percent of the total will be used for administration, the general revenue sharing program will set a superb example of government efficiency for other federal programs. MORE - 2 - It took a lot of doing to hammer this bill together. But funding a program at this level will enable us to continue our partnership with local governments without fueling deficits. My heartfelt thanks to all who helped build the wide and bipartisan support that this bill enjoyed. For my part, signing this bill represents a great personal pleasure. I pledged my sup- port for revenue sharing to the United States Conference of Mayors back in 1980, and since then, I've repeated my, or restated my support before the National League of Cities, the National Association of Counties, the National Association of Towns and Townships, and many others. The federal government never spent money more wisely than by devoting it to general revenue sharing. Today I'm delighted to reaffirm my support with a pen -- two pens. Pens only write one word, government pens do. (Laughter.) So I thank you all and God bless you I will now get my name on that piece of paper. (Applause.) (The bill is signed.) Thank you all for being here. Bless you all. END 3:18 P.M. EST THE WHITE HOUSE Office of the Press Secretary For Immediate Release November 30, 1983 The President today signed the following legislation: S. 450 which strengthens the investigatory and enforcement powers of the U.S. Postal Service with regard to mail fraud; S.J. Res. 44 which designates the week beginning March 11, 1984, as "National Surveyors Week"; S.J. Res. 141 which designates the week of December 4-10, 1983, as "Carrier Alert Week"; H.R. 724 which enables Carlos Mebrano Gatson to qualify for admission to the United States as an immediate relative of a United States Citizen; H.R. 2196 which authorizes appropriations for the programs of the National Historical Publications and Records Commission; H.R. 2479 which amends the Act incorporating the Acacia Mutual Life Insurance Company to change the required minimum number of directors; H.R. 4294 which names (1) the VA Medical Center in Altoona, Pennsylvania, the "James E. Van Zandt Veterans' Administration Medical Center" and (2) the VA Medical Center in Dublin, Georgia, the "Carl Vinson Veterans' Administration Medical Center"; and H.J. Res. 324 which designates the week beginning January 15, 1984, as "National Fetal Alcohol Syndrome Awareness Week". # # # THE WHITE HOUSE Office of the Press Secretary For Immediate Release December 2, 1983 The President today signed the following legislation: S. 1341 which extends and amends the discretionary programs authorized under the Education of the Handicapped Act, including creation of new programs for handicapped youth and the training of parents and changes in reporting requirements and regulatory procedures; also extends appropriations authorizations under the Rehabilitation Act of 1973; H.R. 2395 which (1) extends the authorization of appropriations for the Wetlands Loan Act for one year and (2) delays for one year the mandatory repayments to the Treasury for advances made to the Wetlands Loan Fund; H.R. 2785 which (1) authorizes fiscal year 1984 appropriations for the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and (2) reauthorizes the Scientific Advisory Panel through fiscal year 1987; H.R. 2906 which authorizes appropriations for fiscal years 1984 and 1985 for the Arms Control and Disarmament Agency (ACDA) ; requires attendance of the Director of ACDA at certain National Security Council meetings; H.R. 3765 which declares that approximately 3,800 acres of public land in Clark County, Nevada, be held in trust for the Las Vegas Paiute Tribe and become part of the Tribe's reservation; H.R. 4252 which extends the authority for Puerto Rico to provide cash for nutrition assistance instead of food stamps; and amends the food stamp law to give States more flexibility in administering the program; and H.J. Res. 311 which designates March 20, 1984, as "National Agriculture Day. " ### THE WHITE HOUSE WASHINGTON December 6, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS 82R SUBJECT: Enrolled Bill H.R. 4185 -- Department of Defense Appropriation Bill 1984 Richard Darman has asked for comments on the above- referenced enrolled bill by 10:00 a.m. tomorrow. This bill provides $249.8 billion for Defense and related agencies, some $11.1 billion less than requested. Most requested systems are funded, except for procurement of binary chemical weapons. A $24 million cap is put on funds for operations in Nicaragua. The bill contains the usual anti-lobbying riders (§§ 702 and 777), a ban on the use of funds to perform abortions except when the life of the mother is endangered (§ 751), and a funding ban on the use of dogs or cats to train Defense medical students in the treatment of wounds (§ 791). OMB and Defense recommend approval. I have reviewed the memorandum for the President prepared by OMB Director David Stockman, and the bill itself, and have no objections. Attachment THE WHITE HOUSE WASHINGTON December 6, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill H.R. 4185 -- Department of Defense Appropriation Bill 1984 Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. FFF:JGR:aea 12/6/83 CC: FFFielding/JGRoberts/Subj/Chron THE WHITE HOUSE WASHINGTON December 6, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill H.R. 4185 -- Department of Defense Appropriation Bill 1984 Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. FFF:JGR:aea 12/6/83 CC: FFFielding/JGRoberts/Subj/Chron ID #. 168333 CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET o OUTGOING H INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Richard G. DARMAN MI Mail Report User Codes: (A) (B) (C) Subject: Enrolled. Bill H.R. 4185 - Department f Defense appropriation Bill 1984 ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CULTOLL ORIGINATOR 83,12,05 / / Referral Note: CUAT18 D 83/12/05 583112107 Referral Note: 10:00am / / / / I Referral Note: / / / / I Referral Note: / / / / I Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C Comment/Recommendation R - Direct Reply w/Copy B - Non-Special Referral S Suspended D - Draft Response 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" 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. 168333SS WHITE HOUSE STAFFING MEMORANDUM DATE: 12/5/83 ACTION/CONCURRENCE/COMMENT DUE BY: 12/7 - 10:00 A.M. ENROLLED BILL H.R. 4185 - DEPARTMENT OF DEFENSE APPROPRIATION BILL SUBJECT: 1984 ACTION FYI ACTION FYI VICE PRESIDENT HICKEY MEESE JENKINS BAKER McFARLANE DEAVER McMANUS STOCKMAN MURPHY DARMAN P SS ROGERS DUBERSTEIN SPEAKES FELDSTEIN SVAHN FIELDING VERSTANDIG FULLER WHITTLESEY GERGEN HERRINGTON REMARKS: May we have your comments on the attached Enrolled Bill by 10:00 a.m. Wednesday, December 7. Thank you. RESPONSE: Richard G. Darman Assistant to the President Ext. 2702 EXECUTIVE OFFICE OF THE PRESIDENT UNITED OFFICE OF management AND BUDGET WASHINGTON, D.C. 20503 DEC 5 1983 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 4185 -- Department of Defense Appropriation Bill, 1984 Sponsor: Rep. Whitten (D), Mississippi Last Day for Action December 10, 1983 Purpose Provides spending authority totaling $249.8 billion for the Department of Defense and related agencies. Highlights - The funding levels provided in the enrolled bill are, when adjusted for differences in treatment of pay raises, $19.0 billion above the amounts appropriated in 1983 but $11.1 billion less than the amounts requested. - The bill provides funds for virtually all major weapons systems requested. - The enrolled bill provides funds for the procurement of 21 MX missiles compared to the 27 requested. Your request of $604 million for MX follow-on technology was reduced by $125 million. - The bill provides funds for 825 M-1 tanks, an increase of 105 over your requested level of 720. - No funding is provided for the procurement of binary chemical weapons. - Language is included in the bill that no more than $24 million of the funds provided may be used by the CIA, DOD, or any other agency for military or paramilitary operations in Nicaragua. Agency Recommendations Office of Management and Budget Approval Department of Defense Approval (informally) 2 Summary of Congressional Action (budget authority in millions of dollars) Enrolled Bill 1984 1983 Enrolled VS Request Enacted Bill 1983 Enacted Annually funded programs 243,844 216,103 232,982 +16,879 (Programs) (243,844) (214,400) (232,982) (+18,581) (Pay raise) (---) (1,702) (---) (-1,702) Non-discretionary spending 17,082 16,394 16,839 +446 Total funding 260,926 232,496 249,821 +17,324 (Programs) (260,926) (230,794) (249,821) (+19,027) Note: Detail may not add to total due to rounding. Discussion While the bill has reduced your request for MX follow-on technology, funds were provided for the procurement of the authorized number (21) of MX missiles. In addition, funding was provided at your requested level for the development of the missile launcher. Unlike the 1983 Defense Appropriation Bill, which included $1.7 billion for pay raises, this bill does not include funds for the 1984 civilian and military pay raise. Although the overall level of funding provided in the bill is below your request, it provides substantial resources for our national security needs and still leaves opportunity to request additional funds during the next session of Congress, should you find that desirable. Recommendation Despite reductions to your 1984 request, the bill provides programmatic funding that is $19 billion above the 1983 enacted levels. I recommend that you sign the enrolled bill. DAVID A. STOCKMAN' David A. Stockman Director THE WHITE HOUSE WASHINGTON December 8, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS DRR SUBJECT: Enrolled Bill H.R. 2968 -- Intelligence Authorization Act for FY 1984 Richard Darman has asked for comments on the above- referenced enrolled bill by close of business December 8. The bill authorizes appropriations for the various intelligence agencies for fiscal year 1984. As in the Defense Appropriation Act, a limit of $24 million for Nicaraguan operations is imposed. This bill also contains an assortment of personnel provisions requested by the Administration, such as a provision permitting detailees to receive incentive awards available to CIA employees. Section 501 of the bill authorizes the Director of the Defense Intelligence Agency to provide certain Foreign Service benefits to defense attachés. Regulations to implement this provision "shall be submitted to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate before such regulations take effect." This is not an unconstitutional "legislative veto" since no provision is made for committee action to block the regulations. OMB, CIA, Defense, NSC, Energy, and State recommend approval; Justice and OPM have no objection. I have reviewed the memorandum for the President prepared by OMB Director David Stockman, and the bill itself, and have no objection. Attachment THE WHITE HOUSE WASHINGTON December 8, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill H.R. 2968 -- Intelligence Authorization Act for FY 1984 Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. We have not yet received and accordingly have not had an opportunity to review the signing statement submitted by the Central Intelligence Agency. FFF:JGR:aea 12/8/83 CC: FFFielding/JGRoberts/Subj/Chron THE WHITE HOUSE WASHINGTON December 8, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS DrR SUBJECT: Enrolled Bill H.R. 2968 --- Intelligence Authorization Act for FY 1984 Richard Darman has asked for comments on the above- referenced enrolled bill by close of business December 8. The bill authorizes appropriations for the various intelligence agencies for fiscal year 1984. As in the Defense Appropriation Act, a limit of $24 million for Nicaraguan operations is imposed. This bill also contains an assortment of personnel provisions requested by the Administration, such as a provision permitting detailees to receive incentive awards available to CIA employees. Section 501 of the bill authorizes the Director of the Defense Intelligence Agency to provide certain Foreign Service benefits to defense attachés. Regulations to implement this provision "shall be submitted to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate before such regulations take effect." This is not an unconstitutional "legislative veto" since no provision is made for committee action to block the regulations. OMB, CIA, Defense, NSC, Energy, and State recommend approval; Justice and OPM have no objection. I have reviewed the memorandum for the President prepared by OMB Director David Stockman, and the bill itself, and have no objection. Attachment THE WHITE HOUSE WASHINGTON December 8, 1983 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Enrolled Bill H.R. 2968 -- Intelligence Authorization Act for FY 1984 Counsel's Office has reviewed the above-referenced enrolled bill, and finds no objection to it from a legal perspective. We have not yet received and accordingly have not had an opportunity to review the signing statement submitted by the Central Intelligence Agency. FFF: JGR:aea 12/8/83 CC: FFFielding/JGRoberts/Subj/Chron ID # 168331 CU (In WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 OUTGOING H INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Richard G. DARMAN MI Mail Report User Codes: (A) (B) (C) Subject: Enrolled Bill H.R. 2968- intelligence authorization Oct for FY '84 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 83,12,07 / / Referral Note: CUATIE D 831212107 58312,08 Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I . Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R Direct Reply w/Copy B - Non-Special Referral S Suspended D - Draft Response 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" 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. 168331SS WHITE HOUSE STAFFING MEMORANDUM DATE: 12/7/83 ACTION/CONCURRENCE/COMMENT DUE BY: 12/8/83 c.o.b. SUBJECT: ENROLLED BILL H.R. 2968 - INTELLIGENCE AUTHORIZATION ACT FOR FY '84 ACTION FYI ACTION FYI VICE PRESIDENT HICKEY MEESE JENKINS BAKER McFARLANE DEAVER McMANUS STOCKMAN MURPHY DARMAN P 185 ROGERS DUBERSTEIN SPEAKES FELDSTEIN SVAHN FIELDING VERSTANDIG FULLER WHITTLESEY GERGEN HERRINGTON REMARKS: May we have your comments on the attached Bill by close of business tomorrow, Thursday, 12/8. Thank you. RESPONSE: 1983 DEC -7 PM 1: 18 Richard G. Darman Assistant to the President Ext. 2702 ReceivedSS SECURITY OF RESIDENT STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET 1983 DEC -7 AM II: 47 WASHINGTON, D.C. 20503 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 2968 - Intelligence Authorization Act for Fiscal Year 1984 Sponsor - Rep. Boland (D) Massachusetts Last Day for Action December 10, 1983 - Saturday Purpose (1) Authorizes appropriations for fiscal year 1984 for the intelligence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, for the Central Intelligence Agency Retirement and Disability System, and for counter-intelligence activities of the Federal Bureau of Investigation; (2) limits covert support for military or paramilitary operations in Nicaragua and expresses findings of Congress with respect to Nicaragua; and (3) contains several personnel-related provisions. Agency Recommendations Office of Management and Budget Approval Central Intelligence Agency Approval (Signing Statement attached) Department of Defense Approval National Security Council Approval Department of Energy Approval Department of State Approval Department of Justice No objection (Informal) Office of Personnel Management No objection (Informal) Department of the Treasury No comment (Informal) Discussion Appropriations Authorizations H.R. 2968 authorizes fiscal year 1984 appropriations of (a) $13,800,000 for counter-terrorism activities of the Federal Bureau of Investigation, (b) $18,500,000 and 215 personnel for the Intelligence Community Staff, and (c) $86,300,000 for the Central Intelligence Agency Retirement and Disability System. In addition, the enrolled bill authorizes the appropriation of 2 additional amounts for intelligence and intelligence-related activities for 1984 which are contained in a classified schedule attached to the classified conference report. With minor and acceptable changes, these amounts are consistent with your budget request. Of the amounts authorized for intelligence activities, the enrolled bill earmarks (1) $75.5 million for the construction of an additional building at Central Intelligence Agency headquarters and (2) $3 million for transfer to the State of Virginia for highway improvements associated with construction at the CIA. Covert Assistance for Military Operations in Nicaragua Despite strong Administration objections, the House-passed version of H.R. 2968 would have (1) terminated assistance for military and paramilitary activities in Nicaragua and (2) authorized $50 million for arms interdiction assistance to friendly Central American countries. As a compromise, the conferees agreed instead to limit assistance in support of military or paramilitary operations in Nicaragua during fiscal year 1984 to $24 million, the same amount provided in the 1984 Defense Appropriation Act. Furthermore, the conferees adopted language expressing the findings of Congress that the Government of Nicaragua (1) has failed to keep promises (human rights, free elections, etc.) made to the Organization of American States in July 1979, (2) has violated the OAS charter by intervening into the affairs of other nations, and (3) should be held accountable before the OAS, as the proper organization for dealing with threats to peace in Central America. The enrolled bill calls upon the President to work through the OAS to seek peace in Central America, and H.R. 2968 requires the President to report to Congress no later than March 15, 1984, on the results of his efforts to achieve peace in Central America. Personnel Provisions As requested by the Administration, the enrolled bill makes several changes affecting intelligence personnel. In particular, the enrolled bill: -- permits the Director of Central Intelligence (DCI) to authorize the employment of additional civilian personnel by the CIA in numbers not to exceed two percent of those authorized for the Agency in its authorization act for fiscal year 1984, when it is determined that such action is necessary for the performance of important intelligence functions; -- authorizes the DCI to fix the minimum and maximum age limits for new operations officers of the CIA; 3 -- provides that a commissioned military officer appointed as Director or Deputy Director of the Intelligence Community Staff shall retain all rights and privileges which normally pertain to his rank; and -- permits civilian and military detailees and assignees of the CIA or intelligence community staff to receive incentive awards available to CIA employees. In addition, the enrolled bill gives the Secretary of Defense discretionary authority to provide designated U.S. military and civilian personnel assigned to Defense Attache Offices and Defense Intelligence Liaison Offices outside the United States certain allowances and benefits comparable to those already provided under law to Foreign Service officers. The enrolled bill passed the House by a vote of 243 to 171 and the Senate by voice vote. The conference report was agreed to in both Houses by voice vote David A. Stockman Director Enclosures

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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: Enrolled Bills - (11/30/1983-12/31/1983)\nBox: 21\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nTHE WHITE HOUSE\nWASHINGTON\nNovember 30, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nEnrolled Bill H.R. 3765 -- Las Vegas\nPaiute Trust Lands\nRichard Darman asked for comments on the above-referenced\nenrolled bill by 10:00 a.m. tomorrow. The bill would\ndeclare that 3,800 acres of public land in Nevada (valued at\n$1.5 million) be held in trust for the Las Vegas Paiute\nTribe. The tribe, consisting of 143 members, has no legal\nclaim to the land, but simply wants to expand its economic\nbase. Interior originally opposed the bill, contending that\nthe land should not be transferred without compensation, but\nnow has no objection. OMB recommends approval; Justice and\nEPA defer to Interior. This bill essentially does nothing\nmore than take money from you, me, and everyone else and\ngive it to 143 people in Nevada (about $10,000 each), simply\nbecause they want it.\nI have reviewed the memorandum for the President prepared by\nOMB's Assistant Director for Legislative Reference James M.\nFrey, and the bill itself, and have no legal objection.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nNovember 30, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING Orig. signed by FFF\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 3765 -- Las Vegas\nPaiute Trust Lands\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nI sure do otherwise, however!\nFFF:JGR:aea 11/30/83\nCC: FFFielding/JGRoberts/Subj/Chron\nTHE WHITE HOUSE\nWASHINGTON\nNovember 30, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 3765 -- Las Vegas\nPaiute Trust Lands\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nFFF:JGR:aea 11/30/83\nCC: FFFielding/JGRoberts/Subj/Chron\nID #. 168298 CU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\n0 OUTGOING\nH INTERNAL\nI . INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent:\nRichard G. DARMAN\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Enrolled Bill H.R. 3765 - Las Vegas\nPainte Trust Lands\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nWHOLL\nORIGINATOR 83,11,80\n/ /\nReferral Note:\nCUATIE\nD 83/11/30\nS83,12,01\nReferral Note:\n10:00am\n/ /\n/ /\nReferral Note:\n/ /\nNOS\n/\n/\n-\nReferral Note:\n/\n/\n/ /\nI\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA Appropriate Action\nI - Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC . Comment/Recommendation\nR . Direct Reply w/Copy\nB Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nDocument No. 168298SS\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/29/83\nACTION/CONCURRENCE/COMMENT DUE BY:\n10:00 a.m. 12/1/83\nSUBJECT: Enrolled Bill H.R. 3765 - Las Vegas Paiute Trust Lands\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nHICKEY\nMEESE\nJENKINS\nBAKER\nMcFARLANE\nDEAVER\nMcMANUS\nSTOCKMAN\nMURPHY\nDARMAN\nP\n5S ROGERS\nDUBERSTEIN\nSPEAKES\nFELDSTEIN\nSVAHN\nFIELDING\nVERSTANDIG\nFULLER\nWHITTLESEY\nGERGEN\nHERRINGTON\nREMARKS:\nPlease provide comments/recommendations on the attached\nenrolled bill by 10:00 a.m. THURSDAY, December 1, 1983.\nThank you.\nRESPONSE:\nNOV 30 190\nRichard G. Darman\nAssistant to the President\nExt. 2702\nTHE\n352.80\nEXECUTIVE OFFICE OF THE PRESIDENT\nto:\n20\n3 6:07\nBUDGET\nOFFICE OF MANAGEMENT AND BUDGET\nSTATE\nWASHINGTON, D.C. 20503\nNOV 29 1983\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 3765 - Las Vegas Paiute Trust Lands\nSponsors - Representatives Reid (D) and Vucanovich (R)\nNevada\nLast Day for Action\nDecember 5, 1983 - Monday\nPurpose\nDeclares that approximately 3,800 acres of public land in Clark\nCounty, Nevada, be held in trust for the Las Vegas Paiute Tribe\nand become part of the Tribe's reservation.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of the Interior\nNo objection\nDepartment of Justice\nDefers to Interior\nEnvironmental Protection Agency\nDefers to Interior\ny)\nDiscussion\nH.R. 3765 would transfer approximately 3,800 acres of public land\nin Clark County, Nevada, with an estimated value of $1.5 million,\nto the Secretary of the Interior to be held in trust for the Las\nVegas Paiute Tribe of Nevada. Transfer of the land would be\nsubject to valid existing rights. In addition, H.R. 3765 would\n(1) allow the Tribe to lease reservation lands for periods up to\n99 years and (2) apply to the acreage provisions of the Clean Air\nAct that give States and Indian tribes mutual remedies if a\nredesignation of lands in their jurisdiction is detrimental to\neither party.\nThe Las Vegas Paiute Tribe consists of 143 members and has a\ntrust land base of 12.5 acres located in the city of Las Vegas.\nThe Tribe's land base is fully used and includes tribal\nresidences, streets, a community service building, a commercial\nbuilding, and a cemetery. The Las Vegas Paiutes currently\noperate a successful construction company and spend over 90\npercent of their profits to provide services such as housing, law\n2\nenforcement, and education to their members. The Tribe is\nseeking to expand its reservation to further the Tribe's economic\ndevelopment. Tribal plans for use of the land include housing,\na light industrial park, and a sand and gravel operation.\nDepartment of the Interior's Views\nThe Department of the Interior initially opposed H.R. 3765,\nbecause the Las Vegas Paiute Tribe has no claim to the lands that\nwould justify transferring them without compensation. Interior\nadvised the Congress that it would have no objection to selling\nthe land to the Tribe under the Federal Land Policy and\nManagement Act (FLPMA) for fair market value. Congressional\nsupporters of H.R. 3765 concluded, however, that a purchase\nrequirement would impair the Tribe's efforts to continue\nproviding services to its members and inhibit its ability to\ninvest in existing and future income-producing activities.\nThe Department has reevaluated its position and now has no\nobjection to approval of the bill, because there are no plans for\nFederal use of these lands and the most beneficial use would be\nto transfer them to the Las Vegas Paiute Tribe.\nAssistant James Director m. They for\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nWASHINGTON\nNovember 30, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nEnrolled Bill S. 1341 -- Education of the\nHandicapped Act Amendments of 1983\nRichard Darman has aked for comments on the above-referenced\nenrolled bill by 10:00 a.m. tomorrow. As the Administration\nrecommended, the bill will extend the grant programs of the\nEducation of the Handicapped Act for an additional three\nyears. Over the Administration's objections, however, the\nbill will impose a wide variety of onerous data gathering,\nevaluation, and reporting requirements on the Department of\nEducation. There is an unusual provision in the bill, § 6,\nthat would prohibit the Secretary from issuing regulations\nunder the Act that \"would procedurally or substantively\nlessen the protections provided to handicapped children\nunder this Act, as embodied in regulations in effect on\nJuly 20, 1983 except to the extent that such regulation\nreflects the clear and unequivocal intent of the Congress in\nlegislation. The Secretary is also required to consult\nwith panels of outside experts before making grants under\nthe Act.\nOMB and Education recommend approval; Justice has no\ncomment. I have reviewed the memorandum for the President\nprepared by OMB Director David A. Stockman, and the bill\nitself, and have no legal objection. Difficult questions\nmay arise in interpreting the \"freezing\" provision, § 6, but\nobjections to that provision do not justify overriding the\ndecisions of the affected agencies to continue the grant\nprogram under this Act.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nNovember 30, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING Orig. signed by FFF\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill S. 1341 -- Education of the\nHandicapped Act Amendments of 1983\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nFFF:JGR:aea 11/30/83\nCC: FFFielding/JGRoberts/Subj/Chron\nTHE WHITE HOUSE\nWASHINGTON\nNovember 30, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill S. 1341 -- Education of the\nHandicapped Act Amendments of 1983\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nFFF:JGR:aea 11/30/83\nCC: FFFielding/JGRoberts/Subj/Chron\nID # 168287\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\no * OUTGOING\nH - INTERNAL\nI - INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent:\nRichard G. DARMAN\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Enrolled Bill S. 1341 - Education of the\nHandicapped act amendments of 1983\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOLL\nORIGINATOR\n83/11/30\n/ /\nReferral Note:\nCUDT18\nD\n83111 130\n5831201\nReferral Note:\n10:00 am\n11\n/ /\nI\nReferral Note:\n/ /\n/ /\nReferral Note:\n/ /\n/\n/\nI\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI - Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR Direct Reply w/Copy\nB Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nDocument No. 168287SS\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n11/29/83\nACTION/CONCURRENCE/COMMENT DUE BY:\n10:00 a.m. 12/1/83\nSUBJECT: Enrolled Bill S. 1341 - Education of the Handicapped Act\nAmendments of 1983\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nHICKEY\nMEESE\nJENKINS\nBAKER\nMcFARLANE\nDEAVER\nMcMANUS\nSTOCKMAN\nMURPHY\nDARMAN\nP\n85\nROGERS\nDUBERSTEIN\nSPEAKES\nFELDSTEIN\nSVAHN\nFIELDING\n-\nVERSTANDIG\nFULLER\nWHITTLESEY\nGERGEN\nHERRINGTON\nREMARKS:\nPlease provide comments/recommendations on the attached\nenrolled bill by 10:00 a.m. THURSDAY, December 1, 1983.\nThank you.\nRESPONSE:\nNOV 30\nRichard G. Darman\nAssistant to the President\nExt. 2702\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nNOV 20 1983\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill S. 1341 - Education of the Handicapped\nAct Amendments of 1983\nSponsor - - Sen. Hatch (R) Utah\nLast Day for Action\nDecember 5, 1983 - Monday\nPurpose\nExtends and amends the discretionary programs authorized under\nthe Education of the Handicapped Act, including creation of new\nprograms for handicapped youth and the training of parents and\nchanges in reporting requirements and regulatory procedures;\nalso extends appropriations authorizations under the\nRehabilitation Act of 1973.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Education\nApproval\nDepartment of Justice\nNo comment\n(Informally)\nDiscussion\nThe Education of the Handicapped act (EHA) is the principal\nvehicle for Federal aid to State and local school systems for\neducational and related services to handicapped children. In\naddition to a State formula grant program, the EHA authorizes\ndiscretionary programs such as regional resource centers, deaf-\nblind centers, early childhood education, severely handicapped\nprojects, regional postsecondary services, special education\npersonnel development, and a media services and captioned films\nprogram.\nOn April 22, 1983, the Administration submitted legislation to\nthe Congress to extend for three years the authorizations for\nthose EHA discretionary programs scheduled to expire at the end\nof fiscal year 1983. The Administration proposed no substantive\nchanges, but recommended combining some of the authorizations to\nincrease managerial flexibility.\n2\nS. 1341 would extend the appropriation authorizations for\nexpiring EHA discretionary programs through fiscal year 1986,\nand would also make numerous changes in those programs, as\nsummarized below, some of which the Administration objected to.\nIn an effort to enact this legislation before adjournment, a\nbipartisan agreement was struck in the last days of this year's\nsession, and the bill -- with agreed-upon amendments -- was\npassed in the House by 415-1. The Senate passed it by voice\nvote.\nAs part of the bipartisan agreement, S. 1341 includes extensions\nof the appropriation authorizations under the Rehabilitation\nAct, through fiscal year 1986 for the State grant program and\nthrough 1984 for the discretionary programs and the independent\nArchitectural and Transportation Barriers Compliance Board\n(ATBCB) authorized by section 502 of the Act. Separate legisla-\ntion to provide these authorizations had reached an impasse\nbecause the House bill (H.R. 3520) included a number of\nexcessive budget authorizations for programs unrelated to the\nRehabilitation Act, and the Administration had threatened veto.\nBefore the House floor vote on the EHA bill, the Administration\nindicated it would not object to passage, with the adoption of\ncertain amendments that were part of the bipartisan agreement.\nEducation of the Handicapped Act\nS. 1341 contains a number of initiatives which the Department of\nEducation supports in its enclosed views letter. These include:\n-- expansion of the Preschool Incentive Grant program to\nallow States to serve children from birth through age 2, instead\nof starting services at age 3;\n-- new authorities for postsecondary and secondary education\nprograms and transitional services to improve the potential for\nhandicapped youth to move from EHA school services to work,\nfurther education, or more independent living; and\n-- increased emphasis on the training of parents of handi-\ncapped children, including authority for the Secretary to make\ngrants to private nonprofit organizations for this purpose.\nEducation also believes the bill's \"by-pass\" provision is\ndesirable. Under this provision, similar to those in most other\neducation grant programs, the Secretary could provide special\neducational services directly to handicapped children attending\nprivate schools in States (two at most) where the State educa-\ntional agency is now prohibited by State law from providing such\nservices. The Secretary would fund the by-pass by withholding\nup to the Federal per-child amount from the State and paying it\nto the service provider. Without such a by-pass, the only way\nto ensure services to eligible private school children is to\nwithhold all funds from a public agency.\n3\nS. 1341 would also redirect the regional resource center program\ntoward technical assistance and training rather than direct\nservice, a change that is consistent with the Administration's\nfiscal year 1984 budget policy.\nAlthough the enrolled bill incorporates certain amendments\noffered by the Department of Education, it contains a number of\nobjectionable provisions, as follows:\nExcessive Authorization Levels -- The bill would authorize\nappropriations for EHA discretionary activities totaling $164.0\nmillion for fiscal year 1984, $171.8 million for 1985, and\n$179.8 million for 1986. This compares to the enacted appropri-\nation of $144.2 million for fiscal year 1984. The 1985 level in\nthe bill represents an increase of 19% over fiscal year 1984 and\nis 102% above the amount estimated for 1985 in your 1984 Budget.\nData Gathering, Reporting, and Evaluation Requirements --\nThe bill would substantially expand already complex and detailed\nevaluation requirements, and add new reporting and data-\ngathering requirements including:\nSummaries of materials produced or developed by each\nregional resource center to be reported to the Congress.\nDetailed information, to be reported annually to the\nSecretary, on (1) the numbers of deaf-blind children and\nyouth served by age, severity, and nature of deaf-blind-\nness; (2) the number of paraprofessionals, professionals,\nand family members directly served by each activity; and\n(3) the types of services provided.\nReports to the Congress containing detailed specified\ninformation on early childhood education State grants.\nReports to the Secretary and Congress on the numbers of\npersonnel trained and awarded degrees by category and\nlevel of training under the special education personnel\ndevelopment program.\nO A report to the Congress on research projects.\nLimitations on the Secretary's Authority -- The enrolled\nbill impinges upon the flexibility of the Secretary to administer\nthe EHA programs and limits the administrative discretion\nnecessary to adjust the programs to changing conditions. In\nparticular, it would:\n-- require regulations implementing the Part B State grant\nprogram to be published for 90 days for public comment (increased\nfrom 30).\n-- prohibit the Secretary from altering current regulations\nin any way that would lessen protections provided by those\nregulations to handicapped children.\n4\n-- continue, with some amendment, the specification in\ncurrent law of the Department's organization and staffing for\nspecial education programs.\n-- reestablish the National Advisory Committee on the\nEducation of Handicapped Children and Youth, which duplicates the\nduties and jurisdiction of the National Council on the\nHandicapped.\n-- require the Secretary to consult with outside panels of\nexperts before making any grants or contracts under almost all\nthe EHA programs.\nRehabilitation Act of 1973\nAs noted above, the enrolled bill would reauthorize the basic\nState grant program under the Rehabilitation Act of 1973 for\nfiscal years 1984, 1985, and 1986, and the various discretionary\nprograms under the Act for fiscal year 1984 only. For basic\nState grants, the bill would authorize an appropriation of\n$1,037.8 million for 1984, $33.9 million more than the actual\n1984 appropriation; for 1985 and 1986, the appropriation\nauthorization would be determined by changes in the Consumer\nPrice Index. Education believes that the 1984 appropriation,\nwhich is about 6 percent higher than the 1983 appropriation\nlevel, is more than sufficient to cover any increased costs\nattributable to inflation.\nFor discretionary programs under the Rehabilitation Act and the\nATBCB, the bill would authorize $117.1 million for 1984, plus\n\"such sums\" amounts for grants to Indian tribes. Generally, the\nauthorizations contained in S. 1341 for the discretionary\nprograms are close to the 1984 appropriations already enacted\n(overall, $116.9 million has been appropriated for the\ndiscretionary programs covered by this bill and for the ATBCB).\nOther Appropriation Authorizations\nThe enrolled bill would amend the Omnibus Budget Reconciliation\nAct of 1981 to increase the 1984 authorization levels to $1,071.8\nmillion for the EHA State grant, $5.5 million for the American\nPrinting House for the Blind, $28.0 million for the National\nTechnical Institute for the Deaf, and $56.0 million for Gallaudet\nCollege. These amounts are close to the enacted appropriations\nfor 1984.\nSummary and Recommendations\nAs described above, S. 1341 contains both unobjectionable\nfeatures and undesirable provisions. It should be noted that\ncertain provisions to which the Administration objected strongly\nwere deleted from the final version of the bill as follows:\n5\n-- ambiguous terms, such as \"behaviorally disordered\" and\n\"developmentally delayed,\" which would have created major\nimplementation problems. Instead, the enrolled bill requires a\nspecial study of the term \"behaviorally disordered, which\nEducation believes is a prerequisite to any change of fundamental\nterms in the EHA.\n-- authority for the Secretary to waive, at the request of a\nState, any Federal regulation (including those administered by\nother Executive agencies) which would interfere with achievement\nof program objectives of grants to States for early education for\nhandicapped children.\nIn recommending that you sign S. 1341, Education states that it\nbelieves the bill's improvements to EHA \"outweigh the burden and\ninconvenience of evaluation and reporting requirements and the\npredictable inclusion of statutory prescription.\" The Department\nalso states that the enrolled bill represents a significant\nimprovement over the original House and Senate bills.\nConsidering all the aspects of this legislation, I agree with\nEducation that you should sign S. 1341.\n(signed) David A. Stockman\nDavid A. Stockman\nDirector\nEnclosures\nTHE WHITE HOUSE\nOffice of the Press Secretary\nFor Immediate Release\nNovember 30, 1983\nREMARKS OF THE PRESIDENT\nAT THE SIGNING CEREMONY\nFOR HR 2780\nSTATE AND LOCAL FISCAL ASSISTANCE AMENDMENTS OF 1983\n3:14 PM EST\nThe East Room\nTHE PRESIDENT: Good afternoon. I learned in public\nspeaking once that you were never supposed to open any remarks with\nany apology, but I also found out in this job, nine times out of ten\nyou have to apologize for being late. So, I apologize for keeping you\nall waiting.\nI'm delighted to see members of Congress, mayors, and\nthe other local officials who are here in the White House this after-\nnoon. It's good to have you in the house that belongs to all of us\nfrom every city, county, and town.\nLike millions of Americans, I grew up in a small town.\nBack in Dixon, Illinois, government officials and the citizens they\nwere serving knew each other. They were part of the same community,\nlived next door to each other, and went to the same high school football\ngames, and bumped into each other at the grocery. Dixon officials knew\nwhat the people of Dixon needed and they were able to meet those needs\nwith efficiency and imagination.\nLocal government meeting local needs -- that's a\nfundamental principle of good government. Many government workers\nhere in Washington are diligent and dedicated; I've found that out.\nAnd yet they can't know the American people as well as you or congress-\nmen or mayors, county and local officials. If those at the grassroots\nare to get their jobs done and get them done right, we must give them\nthe resources they need.\nThis bill will send $4.6 billion from Washington back\nto our cities, counties, and towns. The money will not be spent as\nWashington dictates, but as local officials choose. It will support\npolice and fire protection, libraries, street maintenance, and other\nbasic local services. And since less than one percent of the total\nwill be used for administration, the general revenue sharing program\nwill set a superb example of government efficiency for other federal\nprograms.\nMORE\n- 2 -\nIt took a lot of doing to hammer this bill together.\nBut funding a program at this level will enable us to continue\nour partnership with local governments without fueling deficits.\nMy heartfelt thanks to all who helped build the wide\nand bipartisan support that this bill enjoyed. For my part, signing\nthis bill represents a great personal pleasure. I pledged my sup-\nport for revenue sharing to the United States Conference of Mayors\nback in 1980, and since then, I've repeated my, or restated my\nsupport before the National League of Cities, the National Association\nof Counties, the National Association of Towns and Townships, and\nmany others. The federal government never spent money more wisely\nthan by devoting it to general revenue sharing. Today I'm delighted\nto reaffirm my support with a pen -- two pens. Pens only write\none word, government pens do. (Laughter.)\nSo I thank you all and God bless you I will now get\nmy name on that piece of paper. (Applause.)\n(The bill is signed.)\nThank you all for being here. Bless you all.\nEND\n3:18 P.M. EST\nTHE WHITE HOUSE\nOffice of the Press Secretary\nFor Immediate Release\nNovember 30, 1983\nThe President today signed the following legislation:\nS. 450 which strengthens the investigatory and enforcement powers\nof the U.S. Postal Service with regard to mail fraud;\nS.J. Res. 44 which designates the week beginning March 11, 1984,\nas \"National Surveyors Week\";\nS.J. Res. 141 which designates the week of December 4-10, 1983, as\n\"Carrier Alert Week\";\nH.R. 724 which enables Carlos Mebrano Gatson to qualify for\nadmission to the United States as an immediate relative of a\nUnited States Citizen;\nH.R. 2196 which authorizes appropriations for the programs of\nthe National Historical Publications and Records Commission;\nH.R. 2479 which amends the Act incorporating the Acacia Mutual\nLife Insurance Company to change the required minimum number of\ndirectors;\nH.R. 4294 which names (1) the VA Medical Center in Altoona,\nPennsylvania, the \"James E. Van Zandt Veterans' Administration\nMedical Center\" and (2) the VA Medical Center in Dublin, Georgia,\nthe \"Carl Vinson Veterans' Administration Medical Center\"; and\nH.J. Res. 324 which designates the week beginning January 15, 1984,\nas \"National Fetal Alcohol Syndrome Awareness Week\".\n# # #\nTHE WHITE HOUSE\nOffice of the Press Secretary\nFor Immediate Release\nDecember 2, 1983\nThe President today signed the following legislation:\nS. 1341 which extends and amends the discretionary programs\nauthorized under the Education of the Handicapped Act, including\ncreation of new programs for handicapped youth and the training\nof parents and changes in reporting requirements and regulatory\nprocedures; also extends appropriations authorizations under\nthe Rehabilitation Act of 1973;\nH.R. 2395 which (1) extends the authorization of appropriations\nfor the Wetlands Loan Act for one year and (2) delays for one\nyear the mandatory repayments to the Treasury for advances made\nto the Wetlands Loan Fund;\nH.R. 2785 which (1) authorizes fiscal year 1984 appropriations\nfor the Federal Insecticide, Fungicide and Rodenticide Act\n(FIFRA) and (2) reauthorizes the Scientific Advisory Panel\nthrough fiscal year 1987;\nH.R. 2906 which authorizes appropriations for fiscal years 1984\nand 1985 for the Arms Control and Disarmament Agency (ACDA) ;\nrequires attendance of the Director of ACDA at certain National\nSecurity Council meetings;\nH.R. 3765 which declares that approximately 3,800 acres of\npublic land in Clark County, Nevada, be held in trust for the\nLas Vegas Paiute Tribe and become part of the Tribe's reservation;\nH.R. 4252 which extends the authority for Puerto Rico to provide\ncash for nutrition assistance instead of food stamps; and amends\nthe food stamp law to give States more flexibility in administering\nthe program; and\nH.J. Res. 311 which designates March 20, 1984, as \"National\nAgriculture Day. \"\n###\nTHE WHITE HOUSE\nWASHINGTON\nDecember 6, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\n82R\nSUBJECT:\nEnrolled Bill H.R. 4185 -- Department\nof Defense Appropriation Bill 1984\nRichard Darman has asked for comments on the above-\nreferenced enrolled bill by 10:00 a.m. tomorrow. This bill\nprovides $249.8 billion for Defense and related agencies,\nsome $11.1 billion less than requested. Most requested\nsystems are funded, except for procurement of binary\nchemical weapons. A $24 million cap is put on funds for\noperations in Nicaragua. The bill contains the usual\nanti-lobbying riders (§§ 702 and 777), a ban on the use of\nfunds to perform abortions except when the life of the\nmother is endangered (§ 751), and a funding ban on the use\nof dogs or cats to train Defense medical students in the\ntreatment of wounds (§ 791).\nOMB and Defense recommend approval. I have reviewed the\nmemorandum for the President prepared by OMB Director David\nStockman, and the bill itself, and have no objections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nDecember 6, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING Orig. signed by FFF\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 4185 -- Department\nof Defense Appropriation Bill 1984\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nFFF:JGR:aea 12/6/83\nCC: FFFielding/JGRoberts/Subj/Chron\nTHE WHITE HOUSE\nWASHINGTON\nDecember 6, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 4185 -- Department\nof Defense Appropriation Bill 1984\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nFFF:JGR:aea 12/6/83\nCC: FFFielding/JGRoberts/Subj/Chron\nID #. 168333 CU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\no OUTGOING\nH INTERNAL\nI . INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: Richard G. DARMAN\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject:\nEnrolled. Bill H.R. 4185 - Department f\nDefense appropriation Bill 1984\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCULTOLL\nORIGINATOR 83,12,05\n/ /\nReferral Note:\nCUAT18\nD 83/12/05\n583112107\nReferral Note:\n10:00am\n/\n/\n/\n/\nI\nReferral Note:\n/ /\n/\n/\nI\nReferral Note:\n/\n/\n/\n/\nI\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA Appropriate Action\nI - Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC Comment/Recommendation\nR - Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD - Draft Response\nS For Signature\nF - Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nDocument No. 168333SS\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n12/5/83\nACTION/CONCURRENCE/COMMENT DUE BY:\n12/7 - 10:00 A.M.\nENROLLED BILL H.R. 4185 - DEPARTMENT OF DEFENSE APPROPRIATION BILL\nSUBJECT:\n1984\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nHICKEY\nMEESE\nJENKINS\nBAKER\nMcFARLANE\nDEAVER\nMcMANUS\nSTOCKMAN\nMURPHY\nDARMAN\nP\nSS ROGERS\nDUBERSTEIN\nSPEAKES\nFELDSTEIN\nSVAHN\nFIELDING\nVERSTANDIG\nFULLER\nWHITTLESEY\nGERGEN\nHERRINGTON\nREMARKS:\nMay we have your comments on the attached Enrolled Bill by 10:00 a.m.\nWednesday, December 7. Thank you.\nRESPONSE:\nRichard G. Darman\nAssistant to the President\nExt. 2702\nEXECUTIVE OFFICE OF THE PRESIDENT\nUNITED\nOFFICE OF management AND BUDGET\nWASHINGTON, D.C. 20503\nDEC 5 1983\nMEMORANDUM FOR THE PRESIDENT\nSUBJECT: Enrolled Bill H.R. 4185 -- Department of Defense\nAppropriation Bill, 1984\nSponsor: Rep. Whitten (D), Mississippi\nLast Day for Action\nDecember 10, 1983\nPurpose\nProvides spending authority totaling $249.8 billion for the\nDepartment of Defense and related agencies.\nHighlights\n- The funding levels provided in the enrolled bill are, when\nadjusted for differences in treatment of pay raises,\n$19.0 billion above the amounts appropriated in 1983 but\n$11.1 billion less than the amounts requested.\n- The bill provides funds for virtually all major weapons\nsystems requested.\n- The enrolled bill provides funds for the procurement of 21\nMX missiles compared to the 27 requested. Your request of\n$604 million for MX follow-on technology was reduced by\n$125 million.\n- The bill provides funds for 825 M-1 tanks, an increase of\n105 over your requested level of 720.\n- No funding is provided for the procurement of binary\nchemical weapons.\n- Language is included in the bill that no more than\n$24 million of the funds provided may be used by the\nCIA, DOD, or any other agency for military or paramilitary\noperations in Nicaragua.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Defense\nApproval (informally)\n2\nSummary of Congressional Action\n(budget authority in millions of dollars)\nEnrolled Bill\n1984\n1983\nEnrolled\nVS\nRequest\nEnacted\nBill\n1983 Enacted\nAnnually funded\nprograms\n243,844\n216,103\n232,982\n+16,879\n(Programs)\n(243,844)\n(214,400)\n(232,982)\n(+18,581)\n(Pay raise)\n(---)\n(1,702)\n(---)\n(-1,702)\nNon-discretionary\nspending\n17,082\n16,394\n16,839\n+446\nTotal funding\n260,926\n232,496\n249,821\n+17,324\n(Programs)\n(260,926)\n(230,794)\n(249,821)\n(+19,027)\nNote: Detail may not add to total due to rounding.\nDiscussion\nWhile the bill has reduced your request for MX follow-on\ntechnology, funds were provided for the procurement of the\nauthorized number (21) of MX missiles. In addition, funding was\nprovided at your requested level for the development of the\nmissile launcher.\nUnlike the 1983 Defense Appropriation Bill, which included $1.7\nbillion for pay raises, this bill does not include funds for the\n1984 civilian and military pay raise.\nAlthough the overall level of funding provided in the bill is\nbelow your request, it provides substantial resources for our\nnational security needs and still leaves opportunity to request\nadditional funds during the next session of Congress, should you\nfind that desirable.\nRecommendation\nDespite reductions to your 1984 request, the bill provides\nprogrammatic funding that is $19 billion above the 1983 enacted\nlevels.\nI recommend that you sign the enrolled bill.\nDAVID A. STOCKMAN'\nDavid A. Stockman\nDirector\nTHE WHITE HOUSE\nWASHINGTON\nDecember 8, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nDRR\nSUBJECT:\nEnrolled Bill H.R. 2968 -- Intelligence\nAuthorization Act for FY 1984\nRichard Darman has asked for comments on the above-\nreferenced enrolled bill by close of business December 8.\nThe bill authorizes appropriations for the various\nintelligence agencies for fiscal year 1984. As in the\nDefense Appropriation Act, a limit of $24 million for\nNicaraguan operations is imposed. This bill also contains\nan assortment of personnel provisions requested by the\nAdministration, such as a provision permitting detailees to\nreceive incentive awards available to CIA employees.\nSection 501 of the bill authorizes the Director of the\nDefense Intelligence Agency to provide certain Foreign\nService benefits to defense attachés. Regulations to\nimplement this provision \"shall be submitted to the\nCommittee on Armed Services and the Permanent Select\nCommittee on Intelligence of the House of Representatives\nand the Committee on Armed Services and the Select Committee\non Intelligence of the Senate before such regulations take\neffect.\" This is not an unconstitutional \"legislative veto\"\nsince no provision is made for committee action to block the\nregulations.\nOMB, CIA, Defense, NSC, Energy, and State recommend\napproval; Justice and OPM have no objection. I have\nreviewed the memorandum for the President prepared by OMB\nDirector David Stockman, and the bill itself, and have no\nobjection.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nDecember 8, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING Orig. signed by FFF\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 2968 -- Intelligence\nAuthorization Act for FY 1984\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nWe have not yet received and accordingly have not had an\nopportunity to review the signing statement submitted by the\nCentral Intelligence Agency.\nFFF:JGR:aea 12/8/83\nCC: FFFielding/JGRoberts/Subj/Chron\nTHE WHITE HOUSE\nWASHINGTON\nDecember 8, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nDrR\nSUBJECT:\nEnrolled Bill H.R. 2968 --- Intelligence\nAuthorization Act for FY 1984\nRichard Darman has asked for comments on the above-\nreferenced enrolled bill by close of business December 8.\nThe bill authorizes appropriations for the various\nintelligence agencies for fiscal year 1984. As in the\nDefense Appropriation Act, a limit of $24 million for\nNicaraguan operations is imposed. This bill also contains\nan assortment of personnel provisions requested by the\nAdministration, such as a provision permitting detailees to\nreceive incentive awards available to CIA employees.\nSection 501 of the bill authorizes the Director of the\nDefense Intelligence Agency to provide certain Foreign\nService benefits to defense attachés. Regulations to\nimplement this provision \"shall be submitted to the\nCommittee on Armed Services and the Permanent Select\nCommittee on Intelligence of the House of Representatives\nand the Committee on Armed Services and the Select Committee\non Intelligence of the Senate before such regulations take\neffect.\" This is not an unconstitutional \"legislative veto\"\nsince no provision is made for committee action to block the\nregulations.\nOMB, CIA, Defense, NSC, Energy, and State recommend\napproval; Justice and OPM have no objection. I have\nreviewed the memorandum for the President prepared by OMB\nDirector David Stockman, and the bill itself, and have no\nobjection.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nDecember 8, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nEnrolled Bill H.R. 2968 --\nIntelligence\nAuthorization Act for FY 1984\nCounsel's Office has reviewed the above-referenced enrolled\nbill, and finds no objection to it from a legal perspective.\nWe have not yet received and accordingly have not had an\nopportunity to review the signing statement submitted by the\nCentral Intelligence Agency.\nFFF: JGR:aea 12/8/83\nCC: FFFielding/JGRoberts/Subj/Chron\nID # 168331 CU\n(In\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\n0 OUTGOING\nH INTERNAL\nI - INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent:\nRichard G. DARMAN\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Enrolled Bill H.R. 2968- intelligence\nauthorization Oct for FY '84\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOLL\nORIGINATOR 83,12,07\n/ /\nReferral Note:\nCUATIE\nD\n831212107\n58312,08\nReferral Note:\n/ /\n/\n/\n-\nReferral Note:\n/ /\n/\n/\n-\nReferral Note:\n/ /\n/\n/\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI . Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD - Draft Response\nS For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nDocument No. 168331SS\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n12/7/83\nACTION/CONCURRENCE/COMMENT DUE BY: 12/8/83 c.o.b.\nSUBJECT: ENROLLED BILL H.R. 2968 - INTELLIGENCE AUTHORIZATION ACT FOR FY '84\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nHICKEY\nMEESE\nJENKINS\nBAKER\nMcFARLANE\nDEAVER\nMcMANUS\nSTOCKMAN\nMURPHY\nDARMAN\nP\n185\nROGERS\nDUBERSTEIN\nSPEAKES\nFELDSTEIN\nSVAHN\nFIELDING\nVERSTANDIG\nFULLER\nWHITTLESEY\nGERGEN\nHERRINGTON\nREMARKS:\nMay we have your comments on the attached Bill by close of business\ntomorrow, Thursday, 12/8. Thank you.\nRESPONSE:\n1983 DEC -7 PM 1: 18\nRichard G. Darman\nAssistant to the President\nExt. 2702\nReceivedSS\nSECURITY OF RESIDENT STATES UNITED\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\n1983 DEC -7 AM II: 47\nWASHINGTON, D.C. 20503\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 2968 - Intelligence Authorization Act\nfor Fiscal Year 1984\nSponsor - Rep. Boland (D) Massachusetts\nLast Day for Action\nDecember 10, 1983 - Saturday\nPurpose\n(1) Authorizes appropriations for fiscal year 1984 for the\nintelligence and intelligence-related activities of the United\nStates Government, for the Intelligence Community Staff, for the\nCentral Intelligence Agency Retirement and Disability System, and\nfor counter-intelligence activities of the Federal Bureau of\nInvestigation; (2) limits covert support for military or\nparamilitary operations in Nicaragua and expresses findings of\nCongress with respect to Nicaragua; and (3) contains several\npersonnel-related provisions.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nCentral Intelligence Agency\nApproval (Signing\nStatement attached)\nDepartment of Defense\nApproval\nNational Security Council\nApproval\nDepartment of Energy\nApproval\nDepartment of State\nApproval\nDepartment of Justice\nNo objection (Informal)\nOffice of Personnel Management\nNo objection (Informal)\nDepartment of the Treasury\nNo comment (Informal)\nDiscussion\nAppropriations Authorizations\nH.R. 2968 authorizes fiscal year 1984 appropriations of\n(a) $13,800,000 for counter-terrorism activities of the Federal\nBureau of Investigation, (b) $18,500,000 and 215 personnel for\nthe Intelligence Community Staff, and (c) $86,300,000 for the\nCentral Intelligence Agency Retirement and Disability System. In\naddition, the enrolled bill authorizes the appropriation of\n2\nadditional amounts for intelligence and intelligence-related\nactivities for 1984 which are contained in a classified schedule\nattached to the classified conference report. With minor and\nacceptable changes, these amounts are consistent with your budget\nrequest. Of the amounts authorized for intelligence activities,\nthe enrolled bill earmarks (1) $75.5 million for the construction\nof an additional building at Central Intelligence Agency\nheadquarters and (2) $3 million for transfer to the State of\nVirginia for highway improvements associated with construction at\nthe CIA.\nCovert Assistance for Military Operations in Nicaragua\nDespite strong Administration objections, the House-passed\nversion of H.R. 2968 would have (1) terminated assistance for\nmilitary and paramilitary activities in Nicaragua and\n(2) authorized $50 million for arms interdiction assistance to\nfriendly Central American countries. As a compromise, the\nconferees agreed instead to limit assistance in support of\nmilitary or paramilitary operations in Nicaragua during fiscal\nyear 1984 to $24 million, the same amount provided in the 1984\nDefense Appropriation Act. Furthermore, the conferees adopted\nlanguage expressing the findings of Congress that the Government\nof Nicaragua (1) has failed to keep promises (human rights, free\nelections, etc.) made to the Organization of American States in\nJuly 1979, (2) has violated the OAS charter by intervening into\nthe affairs of other nations, and (3) should be held accountable\nbefore the OAS, as the proper organization for dealing with\nthreats to peace in Central America. The enrolled bill calls\nupon the President to work through the OAS to seek peace in\nCentral America, and H.R. 2968 requires the President to report\nto Congress no later than March 15, 1984, on the results of his\nefforts to achieve peace in Central America.\nPersonnel Provisions\nAs requested by the Administration, the enrolled bill makes\nseveral changes affecting intelligence personnel. In particular,\nthe enrolled bill:\n-- permits the Director of Central Intelligence (DCI) to\nauthorize the employment of additional civilian personnel by\nthe CIA in numbers not to exceed two percent of those\nauthorized for the Agency in its authorization act for\nfiscal year 1984, when it is determined that such action is\nnecessary for the performance of important intelligence\nfunctions;\n-- authorizes the DCI to fix the minimum and maximum age limits\nfor new operations officers of the CIA;\n3\n-- provides that a commissioned military officer appointed as\nDirector or Deputy Director of the Intelligence Community\nStaff shall retain all rights and privileges which normally\npertain to his rank; and\n-- permits civilian and military detailees and assignees of the\nCIA or intelligence community staff to receive incentive\nawards available to CIA employees.\nIn addition, the enrolled bill gives the Secretary of Defense\ndiscretionary authority to provide designated U.S. military and\ncivilian personnel assigned to Defense Attache Offices and\nDefense Intelligence Liaison Offices outside the United States\ncertain allowances and benefits comparable to those already\nprovided under law to Foreign Service officers.\nThe enrolled bill passed the House by a vote of 243 to 171 and\nthe Senate by voice vote. The conference report was agreed to in\nboth Houses by voice vote\nDavid A. Stockman\nDirector\nEnclosures"
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