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Chron File (01/01/1985-01/18/1985)
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Chron File (01/01/1985-01/18/1985)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Chronological Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: Chron File (01/01/1985-01/18/1985)
Box: 65
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
CAS 8/30/2005
File Folder
CHRON FILE (1/1/85-1/18/85)
FOIA
F05-139/01
Box Number
65
COOK
31CAS
DOC Doc Type
Document Description
No of Doc Date Restrictions
NO
Pages
COPY Reagan Presidential Record
1 MEMO
ROBERTS TO DIANNA HOLLAND RE
1 1/11/1985 B6
1264
REAPPOINTMENT TO PRESIDENT'S
COMMITTEE ON MENTAL
RETARDATION (PARTIAL)
2 FORM
RE APPOINTMENT PROCESS PERSONAL
1 1/17/1985 B6
1265
INTERVIEW RECORD (PARTIAL)
3 FORM
RE APPOINTMENT PROCESS PERSONAL
1 1/17/1985 B6
1266
INTERVIEW RECORD (PARTIAL)
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified Information [(b)(1) of the FOIA]
B-2 Release would disclose Internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical Information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
WASHINGTON
January 4, 1985
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS 8562
SUBJECT:
Proposed (Revised) Letter to ITC
Regarding Alkaline Batteries
This matter may be closed out. I advised Darman's office on
January 3 that we had no legal objection to the revised
letter, after obtaining Mr. Hauser's concurrence in that
course of action.
Attachment
THE WHITE HOUSE
WASHINGTON
January 4, 1984
MEMORANDUM FOR THE FILES
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Surrogate Speakers Request
After discussing this inquiry with Mr. Hauser, I advised
Hutton that the White House should not assist Louis Harris
and Associates, Inc., in filling the program for that
company's for-profit symposium. Harris should be advised to
contact Secretary Regan and Director Stockman directly, and
those officials can decide if it is in the interest of their
agencies to appear before Harris' group.
cc: Sherrie Cooksey
THE WHITE HOUSE
WASHINGTON
January 3, 1985
MEMORANDUM:
TO:
SHERRIE COOKSEY
THROUGH:
FREDERICK J. RYAN, JR.
FROM:
DEBBIE HUTTON in
SUBJECT:
Surrogate Speakers Request
PLEASE PROVIDE YOUR RECOMMENDATION AND COMMENTS ON THE FOLLOWING
REQUEST UNDER CONSIDERATION:
Event:
Meeting and Remarks with Financial and Corporate
Leaders sponsored by Louis Harris and Associates, Inc.
Date:
January 8, 1985 - at 8:15 am and 10:15 am
Location:
Madison Hotel, washington, DC
Background:
See attached. The request for a photo with the
President has been regretted, and Mike McManus' office
has requested our help in securing Secretary Regan to
speak at 8:15 am and David Stockman at 10:15 am on 1/8
to talk about the budget and tax simplification.
Those gathering are clients of Mr. Harris' (he holds
this meeting every year) and Mr. Harris' has assured
this office that all remarks will be off-the record
during each question and answer session which will be
chaired by Mr. Harris.
Shall we pursue this with Secretary Regan and Director
Stockman?
RECOMMEND ACCEPT
RECOMMEND WHITE HOUSE STAFF
RECOMMEND REGRET
RECOMMEND CABINET MEMBER
RECOMMEND SUB-CABINET MEMBER
RESPONSE DUE
ASAP.
LOUIS HARRIS AND ASSOCIATES, INC
630 FIFTH AVENUE
WASHINGTON, D.C.
NEW YORK, NEW YORK 10111
LONDON
SAN FRANCISCO
TEL:(212) 975-1600 TELEX: 148383
PARIS
December 7, 1984
Mr. Michael A. McManus
Deputy Assistant to the
President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
Dear Mike:
This will follow up on our conversation of the other day. During the
week of January 7th, 1985, over a two day span, I plan to hold some top level
conferences with 40 of our top clients from the financial and corporate world in
Washington. During this time, we will have sessions with the Chairman of the
Federal Reserve, the Speaker of the House, the Majority Leader of the Senate, and
other top leaders in the Executive Branch and Congress.
To a man, the group would like nothing more --- and would change their
plans and dates --- if it were possible to hold a session in the White House,
where they could get a briefing on where the economy is headed, the question of
cuts in spending and the deficit, taxes, and matters close to where they live.
But, most of all, they would like to have some contact with the President.
My own view is that if he could just drop in, not to address them or to answer any
questions, but just to have a group picture with them, that in itself would mean
more than all the other experiences put together. As you can imagine, they all
voted for the President, I'm sure contributed to his campaign, and to have such a
group picture taken would be an important event in their lives.
Most of the people coming will be from the financial world. They con-
stitute the core of the actual money managers, who in the aggregate manage $700
billion of the pension funds and other assets. They make or break the financial
markets. While they work for banks, investment banking firms, and other institu-
tions, they make the investment decisions for their companies, not the Chief
Executive Officers of those institutions.
From their recent behavior on Wall Street, obviously they need some re-
assuring, so I think there would be some highly positive effect from their visit
to the White House.
LOUIS HARPIS AND ASSOCIATES. INC.
Mr. Michael A. McManus
December 7, 1984
Page 2
The corporate people also come from some of the most important and
prestigious companies, including AT&T, Exxon, and Philip Morris. Stan Scott of
Philip Morris, whom I believe you know, is working closely with me on this program.
I would deeply appreciate it if we can work this out. You name the time
any time during the week of January 7th, and the people will be there. All the
other meetings will be arranged around this pivotal visit.
Best,
hou Hamo
Louis Harris
THE WHITE HOUSE
WASHINGTON
January 4, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JZR
SUBJECT:
Photo Album for Gala Entertainers
Billie Shaddix visited me this afternoon to discuss an
inquiry he had received from Bill Henkel on behalf of the
PIC. The PIC plans to have the President and Mrs. Reagan
present those entertainers performing at the Gala with photo
albums memorializing their visit to Washington for the
Inaugural. The albums would include not only photographs
with the President and First Lady, but also photographs of
the subjects' activities in Washington.
Shaddix was reluctant to accede to Henkel's request to
assign photographers to trail the entertainers during their
stay in Washington when they were not with the President or
First Lady. His reluctance seemed justified to me. We
discussed the following approach:
1. PIC would hire photographers to trail the stars
when they were not with the President. Official
White House photographers could take over when the
President or First Lady were present.
2. All film would be turned over to Shaddix for
processing and preparing the contact sheets.
3. PIC would be billed for prints and the album
covers.
I have no difficulty with using White House photographers to
photograph the stars with the President and First Lady.
Using the White House Photo Office to process the non-official
photographs of the stars (without the President or First
Lady) can be justified on the basis of the need to maintain
control over what will appear in the album alongside the
official photographs. There is little danger of adverse
criticism of the above approach: PIC will be paying for
everything except that which is clearly within the scope of
the Photo Office's duties. If you agree, I will advise
Shaddix and Henkel to proceed as noted above.
THE WHITE HOUSE
WASHINGTON
January 7, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Correspondence from Duracell Counsel
Concerning ITC Decision
James N. Bierman of Foley & Lardner wrote you on January 3
on behalf of his client, Duracell, reiterating the arguments
against Presidential disapproval of the ITC decision and
requesting an opportunity to meet with Messrs. Baker,
Fuller, Meese, Oglesby, Stockman, Svahn and yourself to
discuss the matter. I knew that you would have opposed any
such meeting; in light of the President's decision the
matter is now OBE and I see no need for any response. You
should, however, be aware that Mr. Bierman's letter contains
an implicit threat (second paragraph) to litigate the
question of the scope of Presidential review in a Section
337 case, to which I can only reply, in an Eastwoodian
fashion, "Go ahead. Make my day
THE WHITE HOUSE
WASHINGTON
January 7, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
JR
SUBJECT:
Letter of December 13 from Chief Justice
Burger Concerning the Comprehensive Crime
Control Act
On December 13 the Chief Justice wrote the President,
complaining about a provision in that part of the Com-
prehensive Crime Control Act of 1984 that establishes the
U.S. Sentencing Commission, "an independent commission in
the judicial branch" (emphasis supplied). Under the Act the
Judicial Conference (chaired by the Chief) is to submit the
names of six active Federal judges, from which list the
President is to appoint at least three to full-time posi-
tions on the Commission. The statute specifies that "a
Federal judge may serve as a member of the Commission
without resigning his appointment as a Federal judge."
The Chief objects to taking sitting active judges away from
their duties, and also questions the constitutionality of an
Article III judge accepting appointment to a full-time
independent commission. He notes that he does not plan to
send over a list until Congress corrects or amends the
statute, perhaps by allowing senior judges to be appointed
to the Commission.
I referred the letter to Lowell Jensen's office at Justice
for their views (that office is involved in starting up the
Commission). They recommended holding out the possibility
of corrective legislation, but not accepting the Chief's
threat to delay until such legislation is passed, stressing
that it is important that the Commission begin its work
promptly. If Congress does respond to the Chief's concerns,
active judges could be replaced on the Commission after
helping start it up. The Chief's concern about not replacing
the judges rings a bit hollow when one considers how many
vacancies currently exist and may shortly be filled. As
soon as we move on those vacancies, the judges sent to the
Sentencing Commission will be "replaced" many times over, at
least so far as current workloads are concerned.
- 2 -
The outlines of the proposed response suggest to me that it
should be sent from Justice, since it deals with precisely
what the Department is willing to support. The attached
reply for your signature advises the Chief that Justice will
be responding directly to him.
Attachment
THE WHITE HOUSE
WASHINGTON
January 7, 1985
Dear Mr. Chief Justice:
Thank you for your letter of December 13, 1984 to the
President. In that letter you expressed concern over that
section of the Comprehensive Crime Control Act of 1984 that
provides for full-time service on the new United States
Sentencing Commission by at least three "Federal judges in
regular active service." You noted that the Act made no
provision for replacement of the judges, and you suggested
that the Act be amended to permit senior judges to be
considered for service on the Commission.
I have referred your correspondence to those officials at
the Department of Justice who are closely involved with
implementing the Comprehensive Crime Control Act and estab-
lishing the Sentencing Commission; you should receive a
detailed response from them shortly. I remain hopeful that
something can be done to respond to your concerns without
delaying the critical work of the Sentencing Commission.
That work must begin promptly and, as Congress recognized,
must be informed by the perspective that can be brought to
bear by members of the Federal bench.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Warren E. Burger
The Chief Justice of the
United States
Washington, D.C. 20543
FFF:JGR:aea 1/7/85
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 9, 1985
MEMORANDUM FOR ROGER CLEGG
ASSOCIATE DEPUTY ATTORNEY GENERAL
U.S. DEPARTMENT OF JUSTICE
FROM:
JOHN G. ROBERTS DDR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Crime in New York
On December 28, 1984, we forwarded to you correspondence
from a South African victimized by crime in New York. The
attached additional correspondence is referred to the
Department for direct response and whatever other action you
consider appropriate. We have not responded to Mr. Joslin
in any way.
Many thanks.
THE WHITE HOUSE
WASHINGTON
January 9, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
OFR
SUBJECT:
Appointment of Lloyd N. Cutler
to the Commission on Executive,
Legislative, and Judicial Salaries
(the "Quadrennial Commission")
I have reviewed the Personal Data Statement submitted by Mr.
Cutler in connection with his prospective appointment to the
Quadrennial Commission, and have no objection to proceeding
with the appointment. The President is authorized to
appoint three members to the Commission pursuant to 2 U.S.C.
§ 352 (1) (A). The only statutory requirement in the enabling
act is that the Commissioners be "from private life," a
requirement satisfied in Cutler's case.
As we discussed, Cutler's prospective appointment presented
a problem under 18 U.S.C. § 219, since Cutler was registered
as a foreign agent. I advised Cutler that he would be
required to terminate his registration (and, of course,
refrain from any activities that would require registration)
during the period of his government service. Cutler agreed
to do so and has in fact terminated his registration (copy
of letter to Justice Department Registration Unit attached).
Cutler serves as a member of the American Bar Association
Commission on Federal Judicial Compensation, but has agreed
to resign to avoid any apparent conflict if appointed to the
Quadrennial Commission.
I have not yet received a completed PDS from Alexander B.
Trowbridge, the other prospective appointee to the Commission,
but he has been contacted and urged to expedite completion
of the form.
Attachment
THE WHITE HOUSE
WASHINGTON
January 10, 1985
MEMORANDUM FOR CRAIG L. FULLER
ASSISTANT TO THE PRESIDENT
FOR CABINET AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Proclamation of
"National Information Processing
Week" for INFOMART Opening
Counsel's Office has reviewed the request from Dallas Market
Center Co. for a Presidential proclamation or other message
to mark the opening of INFOMART, a permanent marketplace for
producers of information processing products, in Dallas. As
you are aware, established White House policy precludes the
issuance of proclamations that are not requested by joint
resolution of Congress or traditionally issued (e.g.,
Thanksgiving). In fact, any sort of Presidential message
would be inappropriate in this case, because of the com-
mercial nature of the event. The White House does not
approve messages from the President that are or could be
construed as an endorsement of a commercial product, enter-
prise, or event. Adherence to this policy is necessary to
avoid unseemly commercialization of the office.
FFF:JGR:aea 1/10/85
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 10, 1985
MEMORANDUM FOR THE FILES
FROM:
JOHN G. ROBERTS 0762
SUBJECT:
Article for ABA Journal on the Subject
of Equal Access to Justice Act
By telephone conversation yesterday I advised Breger that
our office had no objection to the article, but that he must
obtain clearance from the Department of Justice (Associate
Deputy Attorney General Roger Clegg).
THE WHITE HOUSE
WASHINGTON
January 11, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Nicaraguan Refugees
Bob Kimmitt has asked if you have any legal problems with
the attached proposal to involve the President and the White
House in efforts to raise funds for a new, private sector
"Nicaraguan Refugee Fund." Faith Whittlesey has already
been involved in establishing the organization, and the
organizers want a January 22 Roosevelt Room briefing for
corporate CEOs. They hope that, after the briefing, the
CEOs "will then -- on their own -- find it in their hearts
to pledge seed money" for the program. The organizers also
plan a formal dinner in March, and hope the President will
drop by.
I recommend stopping any White House involvement in this
effort. I have no doubt of the bona fides of the organizers,
but the White House generally does not lend its facilities
for private fundraising. The corporate CEOs would doubtless
view the solicitation from the "private" organization as
having official backing if they learn about it at a White
House briefing. A memorandum to Kimmitt is attached for
your review and signature.
Attachment
THE WHITE HOUSE
WASHINGTON
January 11, 1985
MEMORANDUM FOR ROBERT KIMMITT
DEPUTY ASSISTANT TO THE PRESIDENT
FOR NATIONAL SECURITY AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Nicaraguan Refugees
You have asked for my views on a proposal to involve the
President and the White House in fundraising efforts for a
private organization, the Nicaraguan Refugee Fund. In
particular, organizers of the Fund have requested a Roosevelt
Room briefing for corporate CEOs from whom they would then
solicit "seed money."
Established White House policy generally precludes use of
White House facilities for fundraising for private organi-
zations, no matter how laudable the efforts of the organi-
zation. The corporate CEOs targeted by the organizers of
the Fund would doubtless perceive the solicitations as
having official approval, which is not the case and cannot
be the case. Accordingly, I must counsel against holding
the briefing or any other function coordinated with fund-
raising for the Fund.
FFF: JGR:aea 1/11/85
cc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 11, 1985
MEMORANDUM FOR DIANNA G. HOLLAND
JOHN G. ROBERTS OZR
COPY Reagan Presidential Record
FROM:
SUBJECT:
Reappointment of Anne C. Seggerman
to the President's Committee on
Mental Retardation
I have reviewed the Personal Data Statement submitted by the
above-named individual in connection with her prospective
reappointment to the President's Committee on Mental
Retardation (PCMR). The PCMR, established by Executive
Order 11776, provides advice to the President on mental
retardation, Federal programs in the area, and the
development and dissemination of information on mental
retardation. The PCMR submits an annual report to the
President on mental retardation.
Pursuant to section 2 of Executive Order 11776, several
Cabinet members serve on the Committee ex officio, and the
President may appoint "[n]ot more than twenty-one other
members
employed in either the public or the private
sectors
includ[ing] specialists in medicine and other
healing arts, human development, special education, law, and
employment problems, as well as members of foundations and
other private organizations active in the mental retardation
field.
Mrs. Seggerman clearly satisfies the criteria of the Executive
Order.
ble
THE WHITE HOUSE
WASHINGTON
January 15, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 820L
SUBJECT:
Proposed Presidential Statement:
Birthday of Dr. Martin Luther King, Jr.
(January 14 Draft)
Richard Darman has asked that comments on the above-referenced
proposed statement be sent directly to Ben Elliott as soon
as possible. The brief statement praises Dr. King for his
example of "moral leadership" and advocacy of peaceful
change. I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
January 15, 1985
MEMORANDUM FOR BEN ELLIOTT
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SPEECHWRITING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Presidential Statement:
Birthday of Dr. Martin Luther King, Jr.
(January 14 Draft)
Counsel's Office has reviewed the above-referenced
statement, and finds no objection to it from a legal
perspective.
cc: Richard G. Darman
FFF:JGR:aea 1/15/85
CC: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 15, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS ose
SUBJECT:
Lahaina Galleries Inc. Use of
Presidential Photo in Advertising
John Marion, Sr., sent his son John Marion, Jr., the attached
advertisement from the January 1985 issue of Connoisseur
magazine, and Junior sent it on to our office. The advertise-
ment for Lahaina Galleries, Inc., features a photograph of
Eva Makk and her husband meeting the President. The photograph
bears the customary "with appreciation and best wishes"
calligraphy and the President's signature.
This use of the President's photograph and signature violates
our policy against any use that suggests endorsement of a
commercial product or enterprise. The attached draft letter
to Makk directs her to cease such misuse of the photograph.
Attachment
THE WHITE HOUSE
WASHINGTON
January 15, 1985
Dear Mrs. Makk:
Your advertisement in the January 1985 issue of Connoisseur
magazine has been called to our attention. That advertise-
ment features an autographed photograph of your meeting with
the President.
Established White House policy prohibits any use of the
name, likeness, photograph, or signature of the President in
any manner that suggests or could be construed as endorsement
of a commercial product or enterprise. Your advertisement
contravenes this policy. You should immediately cancel the
advertisement and take whatever other steps are necessary to
ensure that the photograph is not used in any manner for
commercial promotion. Please advise me of the action you
have taken.
Sincerely,
Fred F. Fielding
Counsel to the President
Mrs. Eva Makk
1515 Laukali Street
Honolulu, HI 96821
FFF:JGR:aea 1/15/85
cc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
January 17, 1985
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
DATE OF INTERVIEW:
January 17, 1985 (by telephone)
CANDIDATE:
Kyle C. Boone
POSITION:
Member, National Institute of Building Sciences
INTERVIEWER:
John G. Roberts for
COPY Reagan Presidential Record
COMMENTS:
Kyle C. Boone is being considered for reappointment to the
National Institute of Building Sciences (NIBS) "as repre-
sentative of the public interest,' 12 U.S.C. § 1701j-2(c) (4)
Mr. Boone meets the statutory requirements for this appoint-
ment. The statute provides that "[t]hose representing the
public interest on the Board shall include architects "
id. § 1701j-2 (c) (1), and Mr. Boone is an architect. The
statute also provides that " [s]uch members of the Board
shall hold no financial interest or membership in, nor be
employed by, or receive other compensation from, any company,
association, or other group associated with the manufacture,
distribution, installation, or maintenance of specialized
building products, equipment, systems, subsystems, or other
construction materials and techniques for which there are
available substitutes." Mr. Boone reaffirmed that he had no
affiliation that would disqualify him under this provision.
b6
He was originally cleared by me for
appointment to the NIBS Board on March 9, 1983. Reappoint-
ments are authorized, see 12 U.S.C. § 1701j-2( (c) (3), but no
individual may serve more than three consecutive three-year
terms. This is Mr. Boone's first reappointment.
THE WHITE HOUSE
WAEHINGTON
January 17, 1985
APPOINTMENT PROCESS PERSONAL INTERVIEW RECORD
DATE OF INTERVIEW:
January 17, 1985 (by telephone)
CANDIDATE:
MacDonald G. Becket
POSITION:
Member, National Institute of Building Sciences
INTERVIEWER:
John G. Roberts
for
COPY Reagan Presidential Record
COMMENTS:
MacDonald G. Becket is being considered for reappointment to
the National Institute of Building Sciences (NIBS) "as
representative of the public interest," 12 U.S.C. § 170lj-2 (c) (4).
Mr. Becket meets the statutory requirements for this appointment.
The statute provides that "[t]hose representing the public
interest on the board shall include architects id.
§ 1701j-2 (c) (1), and Mr. Becket is an architect. The
statute also provides that " [s]uch members of the Board
shall hold no financial interest or membership in, nor be
employed by, or receive other compensation from, any company,
association, or other group associated with the manufacture,
distribution, installation, or maintenance of specialized
building products, equipment, systems, subsystems, or other
construction materials and techniques for which there are
available substitutes." Mr. Becket confirmed that he had no
affiliation that would disqualify him under this provision.
b6
He was originally cleared by Ed
Wilson for appointment to the NIBS board in early 1983.
Reappointments are authorized, see 12 U.S.C. §
1701j-2(c) (3), but no individual may serve more than three
consecutive three-year terms. This is Mr. Becket's first
reappointment.
I should note that Mr. Becket serves as "honorary consul"
for Sri Lanka, a position that triggers the Foreign Agents
Registration Act (FARA) and would appear to subject him to
disqualification under 18 U.S.C. § 219. That provision
makes it a felony for an employee of the United States to
act as an agent for a foreign principal required to register
under FARA. The NIBS enabling statute, however, specifies
that "[t]he members of the initial or succeeding Boards
shall not, by reason of such membership, be deemed to be
employees of the United States Government." 12 U.S.C.
$ 1701j-2 (c) (6). Accordingly, the prohibition of 18 U.S.C.
§ 219 is not triggered, and does not represent an obstacle
to Mr. Becket's service on the NIBS board.
THE WHITE HOUSE
WASHINGTON
January 18, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DOR
SUBJECT:
OMB's Bulletin Concerning the
Competition in Contracting Act of 1984
Joe Wright has asked for your clearance as soon as possible
on a letter he proposes to send to Chairman Jack Brooks
concerning Administration constitutional objections to
certain provisions of the Competition in Contracting Act of
1984. I provided information to you on these constitutional
problems by memoranda dated November 7 and November 28, 1984
(copies attached). Briefly, the Justice Department has
concluded that provisions in the Act authorizing the Comp-
troller General to lift a stay of a government contract
award triggered by a bid protest and to award attorneys fees
and costs to a prevailing bid protester are unconstitutional
because such actions are executive in nature and the Comp-
troller General is a legislative, not executive officer.
OMB issued a bulletin consistent with the Justice opinion,
and Brooks objected to it. The draft letter from Wright to
Brooks simply reiterates the Justice view, and notes that
OMB is bound by it -- thus the bulletin. There is nothing
new here; I have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
January 18, 1985
MEMORANDUM FOR JOSEPH R. WRIGHT
DEPUTY DIRECTOR
OFFICE OF MANAGEMENT AND BUDGET
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
OMB's Bulletin Concerning the
Competition in Contracting Act of 1984
Counsel's Office has reviewed your proposed reply to Chairman
Brooks concerning the above-referenced topic, and finds no
objection to it from a legal perspective.
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THE WHITE HOUSE
WASHINGTON
January 18, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS OR
SUBJECT:
Briefing of Corporate Executives
on Nicaragua (Nicaraguan Refugees)
Bob Kimmitt has supplied additional facts concerning the
proposed (and scheduled) Roosevelt Room briefing for cor-
porate CEOs on Nicaragua, requested by the newly-organized
Nicaraguan Refugee Fund. You will recall that you counseled
against the briefing by memorandum dated January 11 (copy
attached), on the ground that the White House should not be
used for fundraising for a private organization. In his
petition for rehearing Kimmitt argues that this policy will
not be violated, since any fundraising will take place away
from the White House after the briefing, at a reception
hosted by the Fund at the Hay-Adams.
I suppose we could permit the briefing to take place --
Kimmitt suggests it is desirable from the standpoint of
Administration policy -- but I think his "Chinese wall"
argument is a bit artificial. The briefing and the later
fundraising reception are a package, and will doubtless be
perceived as such by the CEOs. Nonetheless, our policy is
just that -- a policy rather than a legal requirement -- and
if NSC strongly wants to hold the briefing, I have no
problem with letting them do so, with as clear a wall
between the White House and the subsequent fundraising as
possible. A memorandum along these lines is attached; if
you are inclined to stick to our guns I will be happy to
draft a memorandum along those lines.
Attachment
THE WHITE HOUSE
WASHINGTON
January 18, 1985
MEMORANDUM FOR ROBERT KIMMITT
DEPUTY ASSISTANT TO THE PRESIDENT
FOR NATIONAL SECURITY AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Briefing of Corporate Executives
on Nicaragua (Nicaraguan Refugees)
You have supplied additional facts concerning the proposed
January 22 Roosevelt Room briefing for corporate CEOs, and
have requested that I reconsider my opinion that the brief-
ing would contravene White House policy against use of the
White House for private fundraising. You stressed that any
fundraising by the Nicaraguan Refugee Fund (NRF) would be
restricted to a reception held away from the White House
after the briefing.
Your attempt to separate the White House briefing from the
subsequent fundraising strikes me as somewhat artificial,
and I suspect many of the CEOs will perceive the two events
as linked. Nonetheless, I would interpose no objection to
the briefing if (1) it is your view that the briefing
advances important White House policies in the area (apart
from any desire to assist the NRF), and (2) every effort is
made to ensure that the CEOs understand that the fundraising
activities of the NRF are not endorsed or in any way sponsored
by the Government.
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