Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
135839768
label
Chron File (04/01/1983-04/06/1983)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
135839768
contentType
document
title
Chron File (04/01/1983-04/06/1983)
citationUrl
identifierLocal
485
collections
Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Chronological Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
135839768
coverageEndDate
logicalDate
1986-12-31
year
1986
coverageStartDate
logicalDate
1982-01-01
year
1982
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
09684eb288e3ef72
ocrText
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: Chron File (04/01/1983-04/06/1983)
Box: 60
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
IGP
8/30/2005
File Folder
CHRON FILE (04/01/1983 - 04/06/1983)
FOIA
F05-139/01
Box Number
COOK
9IGP
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
1
MEMO
APPOINTMENT PROCESS PERSONAL
1 4/1/1983 B6
440
INTERVIEW RECORD (PARTIAL)
B - Reayan Presidential Record
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted Invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose Information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 1, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS.
SUBJECT:
Protection of Williamsburg Summit Logo
Michael McManus has asked for your thoughts regarding the
possibility of copyrighting the logo of the Williamsburg
Summit, to prevent its commercialization. Copyright protec-
tion is not available for any work of the United States
government, 17 U.S.C. § 105, nor would trademark protection
appear available, since the logo is not to be used in
commerce, see 15 U.S.C. S 1051.
If it is necessary to protect the logo, the best approach
would seem to be to establish the logo as an official seal.
The logo would then be protected by 18 U.S.C. § 506, which
provides:
Whoever falsely makes, forges, counterfeits, mutilates,
or alters the seal of any department or agency of the
United States; or
Whoever knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or
altered seal to or upon any certificate, instrument,
commission, document, or paper, of any description; or
Whoever, with fraudulent intent, possesses any such
seal, knowing the same to have been so falsely made,
forged, counterfeited, mutilated, or altered --
Shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
The term "agency" as used in 18 U.S.C. § 506 is defined
broadly in 18 U.S.C. § 6 to include "any department, indepen-
dent establishment, commission, administration, authority,
board or bureau of the United States," which would seem to
embrace the Economic Summit office.
The logo could be established as a seal by executive order.
Seals have been so established, to cite a few examples, for
the Office of Administration of the Executive Office of the
-2-
President, E.O. 12112; OMB, E.O. 11600; and NASA, E.O.
10849.
Those agencies, and most agencies with a seal, are "permanent"
entities, unlike the ephemeral Economic Summit, which will
be of only historic interest after Memorial Day. I can,
however, think of no way to protect the logo other than
establishing it as a seal. As an initial matter, I would
question whether such protection is really necessary. It is
hard for me to imagine commercialization of the logo. The
Summit is not a tourist event, and I think any concern about
Economic Summit T-shirts, pennants, and caps is probably
exaggerated.
I have prepared a memorandum to McManus advising him that no
copyright protection is available. The draft memorandum
notes the possibility of establishing the logo as a protected
seal, but questions the need to do so.
Attachment
THE WHITE HOUSE
WASHINGTON
April 1, 1983
MEMORANDUM FOR MICHAEL A. McMANUS
DEPUTY ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Protection of Williamsburg Summit Logo
You have asked for our thoughts on the possibility of
copyrighting the 1983 Summit of Industrialized Nations logo
in order to prevent its commercialization. Under 17 U.S.C.
§ 105, " [c]opyright protection
is not available for
any work of the United States Government
"
This
precludes copyrighting the Summit logo.
If it is really necessary to protect the Summit logo, it may
be possible to establish the logo as the official seal of
the Economic Summit office. As a seal the logo would be
protected by 18 U.S.C. § 506. This provision imposes
criminal penalties on anyone who falsely makes, forges, or
counterfeits an agency seal, or uses or possesses such a
falsely made seal.
Designating the logo as an official seal would, however,
require a formal executive order, and it would be highly
unusual for a temporary, ad hoc office such as the Summit
office to have an official seal. In light of these facts
you should consider how serious the threat of commercializa-
tion of the logo actually is.
FFF:JGR:aw 4/1/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 1, 1983
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
DATE OF INTERVIEW: March 31, 1983 (by telephone)
CANDIDATE: Richard L. Armitage
POSITION: Assistant Secretary of Defense (International
COPY Reagan Presidential Record
Security Affairs)
INTERVIEWER: John G. Roberts
Comments
Richard L. Armitage, currently Deputy Assistant Secretary of
Defense for East Asia and Pacific Affairs, is to be nominated
for the post of Assistant Secretary of Defense for Interna-
tional Security Affairs, pursuant to 10 U.S.C. S 136 (a).
Mr. Armitage's financial status is straightforward.
ble
Mr. Armitage states that he knew of nothing in his background
that could be a source of embarrassment to the President,
and that he had no reason to suppose that his senators would
react adversely to his nomination.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSON
SUBJECT:
Draft Proclamation Designating May 13,
1983, as American Indian Day
Dodie Livingston has requested comments by close of business
April 5 on the above-referenced draft proclamation. The
proclamation, authorized and requested by Public Law 97-445,
was prepared by the Department of Interior and has been
approved by OMB. The proclamation is somewhat unusual in
that it goes beyond the typical glorification of the
commemorated group and promotes the Administration's policy
initiative in dealing with tribes on a government-to-govern-
ment basis. I do not, however, have any legal objections
the draft proclamation.
Attachment
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR DODIE LIVINGSTON
FROM:
FRED F. FIELDING
SUBJECT:
Draft Proclamation Designating May 13,
1983, as American Indian Day
Counsel's Office has reviewed the above-referenced draft
proclamation, and finds no objection to it from a legal
perspective.
FFF:JGR:aw 4/4/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Draft Letter to Senator Hawkins Re:
National Foundation on Youth and Drugs
Richard Darman has requested comments by close of business
April 5 on a draft Presidential letter to Senator Hawkins,
congratulating her on the establishment of the National
Foundation on Youth and Drugs. You will recall that an
earlier draft of this letter was submitted for our comments,
and you noted no legal objections in a memorandum to Darman
dated February 23. I have attached a copy of my previous
memorandum on the proposed letter, in case you had not
committed it to memory. The new draft makes only stylistic
changes, and I have accordingly prepared another "no legal
objection" memorandum for your signature.
Attachment
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Letter to Senator Hawkins Re:
National Foundation on Youth and Drugs
Counsel's Office has reviewed the above-referenced proposed
letter, and finds no objection to it from a legal perspective.
FFF: JGR:aw 4/4/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Proposed Testimony of DEA Assistant
Administrator Monastero Before the
House Committee on Foreign Affairs
DEA Assistant Administrator Frank Monastero has submitted
testimony he proposes to deliver April 6 before the House
Committee on Foreign Affairs, concerning DEA's international
efforts. The testimony reviews DEA's efforts to promote
crop eradication and substitution in heroin, cocaine, and
marihuana source countries. With respect to heroin, it
discusses initiatives in Pakistan, the only "Golden Crescent"
country with which the United States has normal relations,
and support of Royal Thai Government actions against the
drug warlords who control opium cultivation, processing, and
traffic in the "Golden Triangle." Turning to cocaine, the
testimony reviews eradication efforts in South America and
recent improvements in DEA liaison programs in that area.
The testimony also discusses marihuana eradication in
Central and South America, noting that the success of
paraquat programs abroad depends in large measure on our own
willingness to use paraquat in the United States.
I see no legal objections to the proposed testimony.
THE WHITE HOUSE
WASHINGTON
April 4, 1983
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
DATE OF INTERVIEW: April 4, 1983 (by telephone)
CANDIDATE: Lois H. Herrington
POSITION: Assistant Attorney General, Office of Justice
Assistance, Research, and Statistics
INTERVIEWER: John G. Roberts)
Comments
Lois H. Herrington is to be nominated for the position of
Assistant Attorney General, with responsibility for the
Office of Justice Assistance, Research, and Statistics
(OJARS). No such post is specifically established by
statute. On the contrary, under 42 U.S.C. § 3781 (a) "[t]he
chief officer of the Office of Justice Assistance, Research,
and Statistics shall be a Director appointed by the
President by and with the advice and consent of the Senate."
The Office of Legal Counsel, however, has determined that
there is an available Assistant Attorney Generalship to
which an individual may be nominated, and that the individual
may be given responsibility for OJARS. The Bankruptcy
Reform Act of 1978, Pub. L. No. 95-598, amended 28 U.S.C.
§ 506 to provide a tenth Assistant Attorney General. That
post has never been filled. The Office of Legal Counsel has
opined that the slot is available for use by the Attorney
General in his discretion, even though the legislative
history of Pub. L. No. 95-598 indicates that the new Assistant
Attorney General was to supervise the United States Trustee
program. A copy of that opinion is attached.
Mrs. Herrington recently served as chairman of the President's
Task Force on Victims of Crime. Her associations and
financial interests do not appear to raise any conflicts
problems. She is associated with Queen's Bench, a legal
sorority, and the Diablo Scholarship Foundation, a non-profit
charitable endeavor. Her financial interests and those of
her spouse are primarily in real estate. Mrs. Herrington
reported that no controversies had arisen during her service
at the Department of Justice, and that she was not personally
known to her senators.
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
H.R. 1314 -- Reorganization
Act Amendments of 1982
James C. Murr of OMB has asked for our views on the above-
referenced bill, which is expected to be the subject of
hearings this month before the House Committee on Government
Operations. The bill, which is the result of long negotia-
tions between OMB and Chairman Brooks, essentially repeals
the legislative veto mechanism for approval of reorganiza-
tion plans. Reorganization plans currently become effective
if not "vetoed" by either House within sixty days, 5 U.S.C.
§ 906. The bill would require a joint resolution approving
the reorganization, signed by the President.
The bill represents the Administration's legislative veto
position coming home to roost, since its effect in this case
will be to make it much more difficult for a President to
achieve a reorganization. I discussed the question with Ted
Olson, who believes that the bill is not only constitutionally
permissible but constitutionally required. He noted that
the Carter Administration had taken the position that
legislative veto provisions with respect to reorganization
plans were somehow "different" and less objectionable than
run-of-the-mill legislative vetoes. This position, however,
was rejected by this Administration during arguments in the
Chada case.
I am advised by James Murr that OMB and Brooks have reached
an informal agreement in support of the bill. OMB would now
like to send a formal letter indicating Administration
support. The letter would object to two aspects of the bill
other than the repeal of the legislative veto. Section 4 of
the bill requires submission of drafts of any executive
order, directive, or administrative action likely to
accompany a reorganization. OMB plans to object to such a
formal requirement. Section 5 of the bill adds two items to
the list of restrictions on the possible contents of reorgan-
ization plans in 5 U.S.C. § 905. Section 5 would preclude
renaming executive departments and creating new agencies
-2-
through reorganization plans. OMB plans to object to the
provision barring creation of new agencies by reorganization
plan. The issue is really not significant, since H.R. 1314
would make a reorganization plan essentially like any other
bill. Providing that some proposals must be submitted as a
regular bill rather than a reorganization plan thus does not
alter the President's powers -- the alteration is accomplished
by repeal of the legislative veto. Nonetheless, there are
advantages in terms of legislative scheduling and priorities
accompanying reorganization plan treatment, and there is no
harm in the contemplated OMB objection.
Attachment
THE WHITE HOUSE
WASHINGTON
April 4, 1983
MEMORANDUM FOR JAMES C. MURR
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 1314 -- Reorganization
Act Amendments of 1982
Counsel's Office has no objection to a letter in support of
the above-referenced bill. It is our understanding that the
contemplated letter will object to sections 4 and 5 of the
bill.
FFF:JGR:aw 4/4/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Retirement of James Coyne Campaign Debt
I submitted a memorandum giving James Coyne guidance on
retiring his campaign committee debts for your approval,
indicating that once approved I would review the memorandum
with the Office of Government Ethics. You concurred, and
OGE agreed with the guidance in the memorandum. Subsequently,
I became concerned about possible Hatch Act difficulties,
because of Coyne's status as an SES employee of the Commerce
Department. The General Counsel of the Office of Personnel
Management, Joseph Morris, has advised, however, that there
would be no Hatch Act problems if Coyne left active
fundraising to the James Coyne for Congress Committee --
which owes Coyne the debt in_question -- as I understand he
intends to do. Morris advises that Coyne could appear and
speak at the fundraiser without encountering Hatch Act
problems. I have added a paragraph to the Coyne memorandum
noting that the fundraising activities of Coyne and his
Committee should be strictly limited to retiring pre-existing
debts from the past campaign, and that Coyne himself should
not actively engage in soliciting contributions or organizing
fundraising functions, although he may attend and speak at a
function organized by the Committee. The memorandum is now
ready to be sent to Coyne.
Alternatively, any Hatch Act problems could be avoided by
transferring Coyne to the White House payroll. John Rogers
has stated that he is unwilling to do this in the absence of
a directive from Mr. Deaver.
Attachment
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR THE HONORABLE JAMES COYNE
SPECIAL ASSISTANT TO THE PRESIDENT
PRIVATE SECTOR INITIATIVES
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Retirement of the Debts of the
James Coyne for Congress Committee
As a Special Assistant to the President for Private Sector
Initiatives, you are in a unique position with regard to
your efforts to retire the campaign debts of your 1982
Congressional Campaign Committee (the "Committee"). As a
Special Assistant to the President, and an SES employee of
the Department of Commerce detailed to the White House, you
are subject to the Standards of Ethical Conduct for
Government Officers and Employees as set forth in Executive
Order No. 11222, and, as a matter of policy, the Standards
of Conduct for White House Employees, 3 C.F.R. § 100.735.
Further, several provisions of the Federal Criminal Code, 18
U.S.C. §§ 201, 203, 209, 210, 211, 602, 603 and 607 are
applicable to you as a Federal employee and should be
reviewed carefully in the course of retiring the Committee's
debts. Since the Committee owes a substantial debt to you
as an individual, contributions to the Committee must be
considered indirect payments to you.
Outlined below is our analysis of the restrictions of each
of the statutory provisions * / and the Executive Order noted
above which are or should be considered applicable to your
activities in connection with any efforts to retire the
debts of the Committee. Additionally, we have attached a
summary of the general guidelines which you and your
campaign committee should follow in planning the Committee's
fundraising activities to retire the Committee's debts.
* / All references to statutory requirements contained
herein, unless otherwise specifically noted, are paraphrases
of the referenced statutes. Accordingly, when in doubt as
to the applicability of these statutory provisions to
specific facts or circumstances, reference should be made
directly to the statute in question.
-2-
As an initial matter, it should be noted that the Hatch Act,
5 U.S.C. § 7324, applies to you as an employee of the
Department of Commerce. We have, however, been advised by
the General Counsel of the Office of Personnel Management
that the Hatch Act would not preclude efforts by the James
Coyne for Congress Committee to retire pre-existing debts it
owes you from past elections. You personally, however,
should not engage in soliciting contributions or organizing
fundraising events, although you may attend events
organized by the Committee. Fundraising efforts by the
Committee should be strictly limited to retiring debts from
your past campaign.
18 U.S.C. $ 201: provides in part that any public official
may not solicit, accept, receive or agree to receive
anything of value for himself or for any other person or
entity, in return for being influenced in his performance of
any official act; for being induced to do or omit any act in
violation of his official duty; or being influenced in his
testimony under oath in any proceeding before any court or
Congressional hearing. Violations of this provision are
punishable by fine, imprisonment or both, and possible
disqualification from holding any office of honor or trust
under the United States.
Additionally, 18 U.S.C. § 201 prohibits any public official
from soliciting, accepting, receiving or agreeing to receive
anything of value for himself or for another person or
entity for or because of any official act, including testi-
mony before any court or Congressional committee, to be
performed by him. Violations of this provision are punish-
able by fine, imprisonment or both.
Under certain circumstances these restrictions may preclude
you or the Committee from accepting any contributions from
individuals or political committees, including political
action committees (PAC's), whose specific purpose in making
such contribution is to influence your official acts. To
avoid any appearance of a violation of this provision, you
and the Committee should not solicit or accept contributions
from any individual, political committee or organization
which has interests or represents individuals or
organizations having interests that are now or will be
affected by the actions or non-actions of the Office of
Private Sector Initiatives.
18 U.S.C. § 203: prohibits Members of Congress, or officers
or employees of the Federal government from receiving,
soliciting, or seeking any compensation for services
rendered by them or any other person on behalf of another
person in relation to any proceeding, request for a ruling
or other determination, controversy or particular matter in
which the United States is a party or has a direct and
substantial interest. Violation of this provision is
punishable by fine, imprisonment or both. Accordingly, you
and the Committee should not accept contributions from any
-3-
individual, political committee or organization if the
acceptance of such contribution could reasonably be
perceived as compensation for anticipated services to be
rendered by you as a Federal employee on behalf of such
individuals or groups represented by such political
committees. Hence you and the Committee should not solicit
or accept contributions from entities which have or will
have interests pending before the Office of Private Sector
Initiatives or before other Federal government agencies
which could reasonably be construed to be subject to signi-
ficant influence by you.
18 U.S.C. § 209: prohibits supplementation of the salary of
a Federal official as compensation for his services as a
Federal official. No payments to the Committee may be
solicited or accepted as additional compensation for your
services as a Special Assistant to the President.
Contributions may only be solicited and accepted to retire
the Committee's preexisting debt. As a general matter, you
and the Committee should not accept any contributions which
you have reason to believe would not have been made but for
your current Federal employment.
18 U.S.C. § 210: prohibits the payment of money or anything
of value to any person, firm or corporation in consideration
of the use or promise to use any influence to procure any
appointive office in the United States.
18 U.S.C. § 211: prohibits the solicitation or receipt,
either as a political contribution or personal emolument, of
any money or thing of value in consideration for the promise
of support or use of influence in obtaining for any person
any appointive office in the United States.
Out of an abundance of caution, these prohibitions should be
viewed by you and the Committee as prohibiting the
acceptance of any contributions from individuals whom you
may wish to appoint to positions within your office, or who
are seeking appointments to positions within your office or
any other position within the Federal government.
18 U.S.C. § 602: prohibits any candidate for the Congress,
any Senator or Congressman, or any officer or employee of
the United States or any department or agency thereof, from
knowingly soliciting political contributions from any other
such officer or employee.
Thus, you and the Committee should take the steps necessary
to ensure that no Senators or Congressmen, or officers or
employees of the Federal government, are knowingly solicited
for contributions to the Committee.
18 U.S.C. § 603: prohibits an officer or employee of the
Federal government from making political contributions to
their supervising officers in the Federal government. For
purposes of this provision, a contribution to a political
-4-
committee authorized by an officer of the Federal government
is considered a contribution to such officer.
The Committee, therefore, should not accept any
contributions from individuals presently employed by your
office.
18 U.S.C. $ 607: prohibits the solicitation or acceptance
of a political contribution in a Federal building. There is
an exception to this prohibition for the receipt of
contributions in Federal buildings by persons on the staff
of a Senator or Congressman under specific circumstances,
but such exception would no longer be applicable to you or
the Committee.
This provision would preclude all solicitation of
contributions at the Office of Private Sector Initiatives.
Further, in the event that any political contributions to
the Committee are received at your office, such
contributions should be returned directly to the donor with
instructions as to the appropriate mailing address for the
Committee.
Section 201 (c) of Executive Order No. 11222 provides in
part:
It is the intent of this section that employees avoid
any action
which might result in, or create the
appearance of:
(1) using public office for private gain;
(2) giving preferential treatment to any
organization or person;
(3) impeding government efficiency or
economy;
(4) losing complete independence or impar-
tiality of action;
(5) making a government decision outside
official channels; or
(6) affecting adversely the confidence of
the public in the integrity of the
Government.
You and the Committee should, therefore, avoid soliciting or
accepting unsolicited contributions whose receipt will
create the appearance of precluding your exercise of
independent judgment or impartial action with regard to the
issues coming before you. Accordingly, you and the
Committee should not accept contributions from individuals
or political committees who have not previously contributed
to your political committees and whose contributions, in
light of your current position, could be viewed as efforts
to affect your independence and impartiality in issues
-5-
coming before you. Additionally, the Committee should not
solicit contributions in any manner that suggests that you
are using your appointment to Federal office for personal
gain. Solicitations by the Committee referring to your
current position could create such an appearance, and
should, therefore, be avoided.
Finally, the issues raised by settlement of the debts of the
Committee for less than their full amount are governed by
the provisions of the Federal Election Campaign Act of 1971,
as amended, and its regulations. Although a full discussion
of those provisions is beyond the scope of this memorandum,
you should be aware that all of the above considerations
which apply to contributions would also apply to the
forgiveness of all or part of an existing debt.
If you have any questions concerning the appropriateness of
accepting any particular contributions, or concerning any
other matters discussed in this memorandum, please do not
hesitate to contact this office for guidance.
Attachment
SUMMARY OF GENERAL GUIDELINES FOR
ACCEPTANCE OF POLITICAL CONTRIBUTIONS
I. GENERAL RULE:
The Committee should not solicit or accept contributions
from any individual, political committee, or organiza-
tion (a) if the individual or entities represented by
the Committee or organization has interests in matters
which are or may be pending before your office or is
affected or regulated by any policies, decisions or
regulations of your office, or (b) if such solicitation
or acceptance would create the appearance of precluding
your exercise of independent judgment or impartial
action with regard to the issues coming before you, or
otherwise affect adversely the confidence of the public
in the integrity of the government.
II. SPECIFIC PROHIBITIONS:
Fundraising activity is permitted only to retire debts
from your past campaign. You personally should not
actively engage in soliciting contributions or
organizing fundraising activities.
Do not accept any contributions from individuals whom
you may wish to appoint to positions within the Office
of Private Sector Initiatives.
Do not accept any contributions from individuals who
are seeking appointments within the Office of Private
Sector Initiatives or any other position within the
Federal government.
Do not solicit any Senators, Congressmen or officers or
employees of the Federal government for contributions
to the Committee.
Do not accept any contributions from individuals
presently employed by the Office of Private Sector
Initiatives.
Do not solicit or accept any contributions in your
Federal offices. If any contributions are received at
these offices, such contributions should be returned
directly to donors with instructions as to the
appropriate mailing address of the Committee.
Do not solicit contributions in any manner which
suggests that you or the Committee are using your
appointment to Federal office for your personal gain.
Solicitations should not include reference to the fact
of your current Federal employment.
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Civil Aeronautics Board Decisions in
Transamerica; U.S. -People's Republic
of China and Airborne Express, Inc.
Richard Darman's office has requested comments by April 7,
1983 on the above-referenced CAB decisions involving
international aviation, which were submitted for
Presidential review as required by § 801 (a) of the Federal
Aviation Act of 1958, as amended, 49 U.S.C. § 1461 (a).
Under this section, the President may disapprove, solely on
the basis of foreign relations or national defense consider-
ations, CAB actions involving either foreign air carriers or
domestic carriers involved in foreign air transportation.
If the President wishes to disapprove such CAB actions, he
must do so within sixty days of submission (in these cases,
by April 29, 30 and 30, 1983, respectively).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures estab-
lished by Executive Order No. 11920 (1976). OMB recommends
that the President not disapprove, and reports that the NSC
and the Departments of State, Defense, Justice and
Transportation have not identified any foreign relations or
national defense reasons for disapproval. Since these
orders involve domestic carriers, judicial review is
theoretically available. Hence, the proposed letter from
the President to the CAB Chairman prepared by OMB includes
the standard sentence designed to preserve availability of
judicial review, as contemplated by the Executive Order for
cases involving domestic airlines.
My review of the orders and related materials confirms the
OMB description of these as "routine, noncontroversial"
matters. The order in Transamerica denies that airline's
request to become back-up carrier on Pan American's China
route, in keeping with CAB practice only to assign back-up
-2-
carriers on routes being served for the first time by a U.S.
carrier. The order in U.S. - -People's Republic of China
selects Northwest Airlines as the second U.S. carrier to
serve China, and the order in Airborne Express authorizes
service from Washington and Cleveland to Toronto, and vice
versa.
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Transamerica; U.S. - -People's Republic
of China and Airborne Express, Inc.
Our office has reviewed the above-referenced CAB decisions
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the
substance of the letter from the President to the CAB
Chairman prepared by OMB.
FFF:JGR:aw 4/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
syst
SUBJECT:
Correspondence from Alyn H. Denham
Alyn H. Denham of Nashville, Tennessee has copied you, along
with several Republican senators, on a letter he sent to
Senator Helms. The letter opposes as a waste of money a
pending bill to fund renovation of a Davidson County,
Tennessee train depot. Denham also enclosed excerpts from a
newsletter he has written on Soviet initiatives in Nicaragua
and Angola. I doubt a response is expected and see no
reason for one.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSM
SUBJECT:
Presidential Seal Inquiry
from Harlan R. Crow
Harlan R. Crow of the Trammell Crow Company has written
requesting permission to use the Presidential Seal in a
sculpture. The sculpture, to be executed by a Dallas
artist, would be installed next to a collection of letters
from different Presidents acquired by Mr. Crow. The letters
are in a Dallas office building (presumably Mr. Crow's) and
the display is open to the public without charge.
Executive Order 11649 permits use of the Seal "in libraries,
museums, or educational facilities incident to
exhibits relating to the Presidency," and "on a
monument to a former President." Mr. Crow's contemplated
use comes close, but does not fall within these permitted
categories. The Seal can thus only be used if you sanction
the use in writing as one for an exceptional historical,
educational, or newsworthy purpose. While I am sure Mr.
Crow treasures his collection, I do not think his use
satisfies the applicable criteria. I have drafted a reply
to Mr. Crow for your signature.
Attachment
THE WHITE HOUSE
WASHINGTON
April 5, 1983
Dear Mr. Crow:
Thank you for your letter requesting authorization to use
the Seal of the President in a sculpture. It is our
understanding that the sculpture would accompany a display
of Presidential letters you have collected.
The permitted uses of the Seal of the President are limited
by statute and executive order. I have attached a copy of
the pertinent provisions for your information. Since your
contemplated use of the Seal does not fall within any of the
categories of uses permitted by law, I must decline to grant
the permission you seek.
Thank you for your inquiry. I am sorry that our response
could not be a favorable one.
-
Sincerely,
Fred F. Fielding
Counsel to the President
Mr. Harlan R. Crow
Partner
Trammell Crow Company
717 North Harwood Street
Suite 2200
Dallas, Texas 75201
Enclosures
FFF:JGR:aw 4/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR THE FILE
FROM:
JOHN G. ROBERTS
SUBJECT:
Drug Awareness Campaign
Based on a discussion with FFF, I advised Sheryl Eberly that
Counsel's Office had no objection to the proposed letter
from Mrs. Reagan to be sent to 35,000 grade school princi-
pals, announcing the imminent arrival of the anti-drug comic
books. I also advised Eberly that White House envelopes
could be given to the Education Department for addressing,
stuffing, and mailing, and that the envelopes could be run
through a postage meter rather than individually stamped.
On April 1, I met with Dr. Turner and expressed to him our
concern that our office had not been consulted earlier with
respect to the Warner-Keebler involvement. I noted that we
would have deleted specific mention of the companies in his
letter in the teacher's guide, and that no such mention
should be made of other companies in any future similar
projects. I also raised the general concern over involving
the White House in commercial endeavors, and the importance
of avoiding augmentation of appropriations problems. Turner
indicated that future projects were planned, and agreed to
consult more closely with our office on those projects.
THE WHITE HOUSE
WASHINGTON
April 5, 1982
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
SUBJECT:
CAB Decision Re: U.S. Canada "Seat Sale"
Fares Proposed by Air Canada - 10 Day Case
This memorandum is addressed to you because Eastern Air
Lines, Inc., is involved in the subject CAB order.
Richard Darman's office asked for comments by 3:00 p.m.
April 6 on the above-referenced CAB decision, which was
submitted for Presidential review as required by § 801 (b) of
the Federal Aviation Act of 1958, as amended, 49 U.S.C.
§ 1461 (b). Under this provision, any order of the Board
pursuant to 1482 (j) of Title 49, "suspending, rejecting or
canceling a rate, fare, or charge for foreign air
transportation, and any order rescinding the effectiveness
of any such order," must be submitted to the President. The
President may disapprove a submitted order, but only for
foreign policy or national defense reasons. If the
President wishes to disapprove an order, he must do so
within ten days of submission of the order to him by the
Board (in this case, by April 7, 1983).
The CAB order would vacate a February 22, 1983 CAB order,
which suspended certain proposed discount fares. According
to the CAB order, negotiations between the U.S. and Canada
have resulted in a mutually satisfactory resolution of the
issues which occasioned the original suspension.
The order here has been reviewed by the appropriate depart-
ments and agencies, following the procedures established by
Executive Order No. 11920 (1976). OMB recommends that the
President allow the order to go into effect, and reports
that the NSC and the Departments of State, Defense, Justice
and Transportation have no objection to the Board's order.
In ten-day review cases, unlike sixty-day review cases under
49 U.S.C. § 1461 (a), it is standard simply to take no action
on CAB orders not being disapproved, rather than sending a
"no disapproval" letter to the Board.
The letter to the President from CAB Chairman McKinnon
contains an error, which I note for completeness and not
because it requires any action on our part. The letter
states the proposed decision is being submitted under
-2-
section 801 (a) of the Federal Aviation Act of 1958 -- the
sixty-day provision -- although it is clear from the order
and the rest of the letter that section 801 (b) -- the
ten-day provision -- is applicable.
I see no reason for disagreeing with the recommendation that
the President not disapprove this order.
Attachment
THE WHITE HOUSE
WASHINGTON
April 5, 1982
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
CAB Decision Re: U.S. Canada "Seat Sale"
Fares Proposed by Air Canada - 10 Day Case
We have reviewed the above-referenced CAB decision and have
no legal objection to the procedure that was followed with
respect to Presidential review of such decisions under 49
U.S.C. § 1461 (b).
We also have no legal objection to OMB's recommendation that
the President not disapprove this order.
Mr. Fielding did not participate in the review of this
matter.
FFF:JGR:aw 4/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Draft Letter to Senator Hawkins Re:
National Foundation on Youth and Drugs
Yet another redraft of the Senator Hawkins letter has been
submitted for our review, containing what I consider to be
minor stylistic changes. I still see no legal ojbections,
and have prepared another memorandum for your signature to
Darman.
Attachment
THE WHITE HOUSE
WASHINGTON
April 5, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Letter to Senator Hawkins Re:
National Foundation on Youth and Drugs
Counsel's Office has reviewed the April 5 draft of the
above-referenced letter, and finds no objection to it from a
legal perspective.
FFF:JGR:aw 4/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
April 6, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSO
SUBJECT:
Gift Inquiry from Pam Turner
Pam Turner has advised us that Senator Abdnor has requested
an opportunity for one of his constituents to present a
sculpture (value $8,000, cost to donors $3,500) to the
President. She has asked for our assistance in preparing
the paperwork. I have prepared a memorandum to Turner
advising that the President can accept such a gift on behalf
of the American people for possible repose in a Presidential
library. The memorandum also advises her that the necessary
paperwork is filled out after receipt of the gift, and that
she should contact Fred Rvan concerning scheduling a meeting
with the President for Senator Abdnor and his generous
constituent.
THE WHITE HOUSE
WASHINGTON
April 6, 1983
MEMORANDUM FOR PAM TURNER
FROM:
FRED F. FIELDING
SUBJECT:
Gift Inquiry from Senator Abdnor
You have advised this office that Senator Abdnor has
requested an opportunity for one of his constituents to
present a sculpture to the President. The President could
accept such a gift on behalf of the people of the United
States, for possible inclusion in a Presidential library.
Scheduling a meeting with the President for Senator Abdnor
and his constituent is of course the province of Fred Ryan
and the Scheduling Office. There is no necessary paperwork
to be completed prior to any presentation of the gift. Once
the gift is received, it will be appraised and a brief form
will be filled out indicating that the gift was accepted on
behalf of the American people for possible inclusion in a
Presidential library.
FFF/JGR:sts
FFFielding
JGRoberts
Subj.
Chron.
THE WHITE HOUSE
WAEHINGTON
April 6, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Presidential Letter to be
Published in Pharmacy Times
Richard Darman has requested comments by close of business
today on the above-referenced draft letter. The letter,
prepared in Carlton Turner's office, is to be included in a
special issue of Pharmacy Times devoted to drug abuse.
Pharmacy Times is the trade journal of the pharmacy
profession, and the salutation of the draft letter reads
"Dear Pharmacist".
I see no legal objection to the letter, although it does
contain two grammatical errors. I have drafted a memorandum
to Darman correcting them.
THE WHITE HOUSE
WASHINGTON
April 6, 1983
MEMORANDUM FOR RICHARD G. DARMAN
FROM:
FRED F. FIELDING
SUBJECT:
Presidential Letter to be
Published in Pharmacy Times
Counsel's Office has reviewed the above-referenced draft
letter, and finds no objection to it from a legal
perspecitve.
The draft letter does, however, contain two grammatical
errors. In the second sentence of the second paragraph
"too" should be deleted, since the point of the sentence has
not been previously made in the letter. In the first
sentence of the third paragraph, "which" should be "that".
FFF/JGR:sts
FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
April 6, 1983
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
DSR
SUBJECT:
Holdover Status of Federal
Reserve Board Chairman
You requested that I amend my memorandum of March 24, 1983
on the above-referenced topic in order that it could be sent
from Fred Fielding to Helene von Damm. An appropriately
revised draft is attached. In light of the sensitive nature
of the topic, my previous memorandum was stamped "Adminis-
tratively Sensitive". Since this memorandum is to be signed
by the Counsel, I did not presume to stamp it, but I recommend
that it also bear the "Administratively Sensitive" label.
THE WHITE HOUSE
WASHINGTON
April 6, 1983
MEMORANDUM FOR HELENE VON DAMM
FROM:
FRED F. FIELDING
SUBJECT:
Holdover Status of Federal
Reserve Board Chairman
You have inquired of this office concerning the consequences
of the expiration of the term of the Chairman of the Federal
Reserve Board, and in particular whether the incumbent could
hold over as Chairman until qualification of a successor.
The pertinent statute provides that the Chairman of the
Federal Reserve Board shall serve "for a term of four
years. 12 U.S.C. § 242. Paul Volcker's term as Chairman
expires August 5, 1983; his term as a member of the Board
does not expire until January 31, 1992.
In an opinion dated January 31, 1978, the Office of Legal
Counsel of the Department of Justice considered the status
of the Chairmanship of the Federal Reserve Board in the
event the President's nominee was not confirmed by the time
the incumbent's term expired. That opinion concluded that
the statutory holdover provision applicable to members of
the Board did not apply to the office of Chairman. The
Chairman cannot hold over; his term expires when the
statutory period has run. The opinion further concluded
that the Vice Chairman should not assume the
responsibilities of the Chairman upon expiration of the
Chairman's term. The statute provides that the Vice
Chairman shall preside at Board meetings in the "absence" of
the Chairman, 12 U.S.C. § 244, but the opinion concluded
that the term "absence" referred to a temporary condition,
not a vacancy.
The opinion determined that, when a vacancy arises in the
office of Chairman while the President's nominee is awaiting
Senate confirmation, the President should designate a member
of the Board to serve as Acting Chairman. This was in fact
done by President Carter on February 2, 1978, when he desig-
nated Arthur F. Burns, the previous Chairman, to serve as
"Acting Chairman" until designation of a successor. Mr. Burns
served as Acting Chairman until March 8, 1978, when G. William
Miller was designated Chairman. (The need to have an Acting
Chairman was occasioned by the fact that Mr. Miller was not
-2-
confirmed as a member of the Board until March 3, 1978; at
the time the office of Chairman did not require separate
Senate confirmation, as it now does.)
The option of designating an Acting Chairman, however, would
not seem to be available in the absence of a pending nomina-
tion or other circumstance indicating that the designation
was only to cover a short-term, emergency situation. There
is pertinent case law to the effect that the President
cannot appoint "acting" officers in the face of statutes
requiring Senate confirmation, in the absence of an emergency
situation.
The leading case is Williams V. Phillips, 360 F. Supp. 1363
(D.D.C.), motion for stay pending appeal denied, 482 F. 2d
669 (D.C. Cir. 1973). President Nixon appointed Howard
Phillips Acting Director of the Office of Economic Oppor-
tunity; the post of Director required Senate confirmation.
The district court enjoined Phillips from taking any action
as Acting Director of OEO, ruling that "in the absence of
.
legislation [providing for an acting director] or
legislation vesting a temporary power of appointment in the
President, the constitutional process of nomination and
confirmation must be followed.' 360 F. Supp., at 1371. The
Court of Appeals noted that even if the power existed "to
appoint an acting director for a reasonable period of time
before submitting the nomination of a new director to the
Senate," such a power would not justify the situation before
it, in which Phillips had served as Acting Director for four
months with no nomination having been submitted to the
Senate. 482 F. 2d, at 670-671. The previously cited O.L.C.
opinion specifically distinguished the Phillips case on the
ground that in Phillips no name had been submitted to the
Senate, while in the case considered in that opinion a
nomination was pending.
According to the O.L.C. opinion, the Chairman of the Federal
Reserve Board cannot hold over; in the event of a vacancy,
the President must designate an Acting Chairman. According
to Phillips, such an acting official can only be appointed
for a short period and in an "emergency" situation. The
combined effect of these authorities is that, upon expira-
tion of Chairman Volcker's term, the President may appoint
any member of the Board Acting Chairman (including Volcker),
but only if a nomination for Chairman is pending or soon to
be submitted.
Attachments
FFF/JGR:sts
subj.
FFFielding
chron.
JGRoberts