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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: Chron File (01/01/1985-01/18/1985)\nBox: 65\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/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nCAS 8/30/2005\nFile Folder\nCHRON FILE (1/1/85-1/18/85)\nFOIA\nF05-139/01\nBox Number\n65\nCOOK\n31CAS\nDOC Doc Type\nDocument Description\nNo of Doc Date Restrictions\nNO\nPages\nCOPY Reagan Presidential Record\n1 MEMO\nROBERTS TO DIANNA HOLLAND RE\n1 1/11/1985 B6\n1264\nREAPPOINTMENT TO PRESIDENT'S\nCOMMITTEE ON MENTAL\nRETARDATION (PARTIAL)\n2 FORM\nRE APPOINTMENT PROCESS PERSONAL\n1 1/17/1985 B6\n1265\nINTERVIEW RECORD (PARTIAL)\n3 FORM\nRE APPOINTMENT PROCESS PERSONAL\n1 1/17/1985 B6\n1266\nINTERVIEW RECORD (PARTIAL)\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified Information [(b)(1) of the FOIA]\nB-2 Release would disclose Internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical Information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 4, 1985\nMEMORANDUM FOR DIANNA G. HOLLAND\nFROM:\nJOHN G. ROBERTS 8562\nSUBJECT:\nProposed (Revised) Letter to ITC\nRegarding Alkaline Batteries\nThis matter may be closed out. I advised Darman's office on\nJanuary 3 that we had no legal objection to the revised\nletter, after obtaining Mr. Hauser's concurrence in that\ncourse of action.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 4, 1984\nMEMORANDUM FOR THE FILES\nFROM:\nJOHN G. ROBERTS JJR\nSUBJECT:\nSurrogate Speakers Request\nAfter discussing this inquiry with Mr. Hauser, I advised\nHutton that the White House should not assist Louis Harris\nand Associates, Inc., in filling the program for that\ncompany's for-profit symposium. Harris should be advised to\ncontact Secretary Regan and Director Stockman directly, and\nthose officials can decide if it is in the interest of their\nagencies to appear before Harris' group.\ncc: Sherrie Cooksey\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 3, 1985\nMEMORANDUM:\nTO:\nSHERRIE COOKSEY\nTHROUGH:\nFREDERICK J. RYAN, JR.\nFROM:\nDEBBIE HUTTON in\nSUBJECT:\nSurrogate Speakers Request\nPLEASE PROVIDE YOUR RECOMMENDATION AND COMMENTS ON THE FOLLOWING\nREQUEST UNDER CONSIDERATION:\nEvent:\nMeeting and Remarks with Financial and Corporate\nLeaders sponsored by Louis Harris and Associates, Inc.\nDate:\nJanuary 8, 1985 - at 8:15 am and 10:15 am\nLocation:\nMadison Hotel, washington, DC\nBackground:\nSee attached. The request for a photo with the\nPresident has been regretted, and Mike McManus' office\nhas requested our help in securing Secretary Regan to\nspeak at 8:15 am and David Stockman at 10:15 am on 1/8\nto talk about the budget and tax simplification.\nThose gathering are clients of Mr. Harris' (he holds\nthis meeting every year) and Mr. Harris' has assured\nthis office that all remarks will be off-the record\nduring each question and answer session which will be\nchaired by Mr. Harris.\nShall we pursue this with Secretary Regan and Director\nStockman?\nRECOMMEND ACCEPT\nRECOMMEND WHITE HOUSE STAFF\nRECOMMEND REGRET\nRECOMMEND CABINET MEMBER\nRECOMMEND SUB-CABINET MEMBER\nRESPONSE DUE\nASAP.\nLOUIS HARRIS AND ASSOCIATES, INC\n630 FIFTH AVENUE\nWASHINGTON, D.C.\nNEW YORK, NEW YORK 10111\nLONDON\nSAN FRANCISCO\nTEL:(212) 975-1600 TELEX: 148383\nPARIS\nDecember 7, 1984\nMr. Michael A. McManus\nDeputy Assistant to the\nPresident\nThe White House\n1600 Pennsylvania Avenue, N.W.\nWashington, D.C. 20500\nDear Mike:\nThis will follow up on our conversation of the other day. During the\nweek of January 7th, 1985, over a two day span, I plan to hold some top level\nconferences with 40 of our top clients from the financial and corporate world in\nWashington. During this time, we will have sessions with the Chairman of the\nFederal Reserve, the Speaker of the House, the Majority Leader of the Senate, and\nother top leaders in the Executive Branch and Congress.\nTo a man, the group would like nothing more --- and would change their\nplans and dates --- if it were possible to hold a session in the White House,\nwhere they could get a briefing on where the economy is headed, the question of\ncuts in spending and the deficit, taxes, and matters close to where they live.\nBut, most of all, they would like to have some contact with the President.\nMy own view is that if he could just drop in, not to address them or to answer any\nquestions, but just to have a group picture with them, that in itself would mean\nmore than all the other experiences put together. As you can imagine, they all\nvoted for the President, I'm sure contributed to his campaign, and to have such a\ngroup picture taken would be an important event in their lives.\nMost of the people coming will be from the financial world. They con-\nstitute the core of the actual money managers, who in the aggregate manage $700\nbillion of the pension funds and other assets. They make or break the financial\nmarkets. While they work for banks, investment banking firms, and other institu-\ntions, they make the investment decisions for their companies, not the Chief\nExecutive Officers of those institutions.\nFrom their recent behavior on Wall Street, obviously they need some re-\nassuring, so I think there would be some highly positive effect from their visit\nto the White House.\nLOUIS HARPIS AND ASSOCIATES. INC.\nMr. Michael A. McManus\nDecember 7, 1984\nPage 2\nThe corporate people also come from some of the most important and\nprestigious companies, including AT&T, Exxon, and Philip Morris. Stan Scott of\nPhilip Morris, whom I believe you know, is working closely with me on this program.\nI would deeply appreciate it if we can work this out. You name the time\nany time during the week of January 7th, and the people will be there. All the\nother meetings will be arranged around this pivotal visit.\nBest,\nhou Hamo\nLouis Harris\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 4, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS JZR\nSUBJECT:\nPhoto Album for Gala Entertainers\nBillie Shaddix visited me this afternoon to discuss an\ninquiry he had received from Bill Henkel on behalf of the\nPIC. The PIC plans to have the President and Mrs. Reagan\npresent those entertainers performing at the Gala with photo\nalbums memorializing their visit to Washington for the\nInaugural. The albums would include not only photographs\nwith the President and First Lady, but also photographs of\nthe subjects' activities in Washington.\nShaddix was reluctant to accede to Henkel's request to\nassign photographers to trail the entertainers during their\nstay in Washington when they were not with the President or\nFirst Lady. His reluctance seemed justified to me. We\ndiscussed the following approach:\n1. PIC would hire photographers to trail the stars\nwhen they were not with the President. Official\nWhite House photographers could take over when the\nPresident or First Lady were present.\n2. All film would be turned over to Shaddix for\nprocessing and preparing the contact sheets.\n3. PIC would be billed for prints and the album\ncovers.\nI have no difficulty with using White House photographers to\nphotograph the stars with the President and First Lady.\nUsing the White House Photo Office to process the non-official\nphotographs of the stars (without the President or First\nLady) can be justified on the basis of the need to maintain\ncontrol over what will appear in the album alongside the\nofficial photographs. There is little danger of adverse\ncriticism of the above approach: PIC will be paying for\neverything except that which is clearly within the scope of\nthe Photo Office's duties. If you agree, I will advise\nShaddix and Henkel to proceed as noted above.\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 7, 1984\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS 822\nSUBJECT:\nCorrespondence from Duracell Counsel\nConcerning ITC Decision\nJames N. Bierman of Foley & Lardner wrote you on January 3\non behalf of his client, Duracell, reiterating the arguments\nagainst Presidential disapproval of the ITC decision and\nrequesting an opportunity to meet with Messrs. Baker,\nFuller, Meese, Oglesby, Stockman, Svahn and yourself to\ndiscuss the matter. I knew that you would have opposed any\nsuch meeting; in light of the President's decision the\nmatter is now OBE and I see no need for any response. You\nshould, however, be aware that Mr. Bierman's letter contains\nan implicit threat (second paragraph) to litigate the\nquestion of the scope of Presidential review in a Section\n337 case, to which I can only reply, in an Eastwoodian\nfashion, \"Go ahead. Make my day\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 7, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nJR\nSUBJECT:\nLetter of December 13 from Chief Justice\nBurger Concerning the Comprehensive Crime\nControl Act\nOn December 13 the Chief Justice wrote the President,\ncomplaining about a provision in that part of the Com-\nprehensive Crime Control Act of 1984 that establishes the\nU.S. Sentencing Commission, \"an independent commission in\nthe judicial branch\" (emphasis supplied). Under the Act the\nJudicial Conference (chaired by the Chief) is to submit the\nnames of six active Federal judges, from which list the\nPresident is to appoint at least three to full-time posi-\ntions on the Commission. The statute specifies that \"a\nFederal judge may serve as a member of the Commission\nwithout resigning his appointment as a Federal judge.\"\nThe Chief objects to taking sitting active judges away from\ntheir duties, and also questions the constitutionality of an\nArticle III judge accepting appointment to a full-time\nindependent commission. He notes that he does not plan to\nsend over a list until Congress corrects or amends the\nstatute, perhaps by allowing senior judges to be appointed\nto the Commission.\nI referred the letter to Lowell Jensen's office at Justice\nfor their views (that office is involved in starting up the\nCommission). They recommended holding out the possibility\nof corrective legislation, but not accepting the Chief's\nthreat to delay until such legislation is passed, stressing\nthat it is important that the Commission begin its work\npromptly. If Congress does respond to the Chief's concerns,\nactive judges could be replaced on the Commission after\nhelping start it up. The Chief's concern about not replacing\nthe judges rings a bit hollow when one considers how many\nvacancies currently exist and may shortly be filled. As\nsoon as we move on those vacancies, the judges sent to the\nSentencing Commission will be \"replaced\" many times over, at\nleast so far as current workloads are concerned.\n- 2 -\nThe outlines of the proposed response suggest to me that it\nshould be sent from Justice, since it deals with precisely\nwhat the Department is willing to support. The attached\nreply for your signature advises the Chief that Justice will\nbe responding directly to him.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 7, 1985\nDear Mr. Chief Justice:\nThank you for your letter of December 13, 1984 to the\nPresident. In that letter you expressed concern over that\nsection of the Comprehensive Crime Control Act of 1984 that\nprovides for full-time service on the new United States\nSentencing Commission by at least three \"Federal judges in\nregular active service.\" You noted that the Act made no\nprovision for replacement of the judges, and you suggested\nthat the Act be amended to permit senior judges to be\nconsidered for service on the Commission.\nI have referred your correspondence to those officials at\nthe Department of Justice who are closely involved with\nimplementing the Comprehensive Crime Control Act and estab-\nlishing the Sentencing Commission; you should receive a\ndetailed response from them shortly. I remain hopeful that\nsomething can be done to respond to your concerns without\ndelaying the critical work of the Sentencing Commission.\nThat work must begin promptly and, as Congress recognized,\nmust be informed by the perspective that can be brought to\nbear by members of the Federal bench.\nSincerely,\nFred F. Fielding\nCounsel to the President\nThe Honorable Warren E. Burger\nThe Chief Justice of the\nUnited States\nWashington, D.C. 20543\nFFF:JGR:aea 1/7/85\nCC: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 9, 1985\nMEMORANDUM FOR ROGER CLEGG\nASSOCIATE DEPUTY ATTORNEY GENERAL\nU.S. DEPARTMENT OF JUSTICE\nFROM:\nJOHN G. ROBERTS DDR\nASSOCIATE COUNSEL TO THE PRESIDENT\nSUBJECT:\nCrime in New York\nOn December 28, 1984, we forwarded to you correspondence\nfrom a South African victimized by crime in New York. The\nattached additional correspondence is referred to the\nDepartment for direct response and whatever other action you\nconsider appropriate. We have not responded to Mr. Joslin\nin any way.\nMany thanks.\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 9, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nOFR\nSUBJECT:\nAppointment of Lloyd N. Cutler\nto the Commission on Executive,\nLegislative, and Judicial Salaries\n(the \"Quadrennial Commission\")\nI have reviewed the Personal Data Statement submitted by Mr.\nCutler in connection with his prospective appointment to the\nQuadrennial Commission, and have no objection to proceeding\nwith the appointment. The President is authorized to\nappoint three members to the Commission pursuant to 2 U.S.C.\n§ 352 (1) (A). The only statutory requirement in the enabling\nact is that the Commissioners be \"from private life,\" a\nrequirement satisfied in Cutler's case.\nAs we discussed, Cutler's prospective appointment presented\na problem under 18 U.S.C. § 219, since Cutler was registered\nas a foreign agent. I advised Cutler that he would be\nrequired to terminate his registration (and, of course,\nrefrain from any activities that would require registration)\nduring the period of his government service. Cutler agreed\nto do so and has in fact terminated his registration (copy\nof letter to Justice Department Registration Unit attached).\nCutler serves as a member of the American Bar Association\nCommission on Federal Judicial Compensation, but has agreed\nto resign to avoid any apparent conflict if appointed to the\nQuadrennial Commission.\nI have not yet received a completed PDS from Alexander B.\nTrowbridge, the other prospective appointee to the Commission,\nbut he has been contacted and urged to expedite completion\nof the form.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 10, 1985\nMEMORANDUM FOR CRAIG L. FULLER\nASSISTANT TO THE PRESIDENT\nFOR CABINET AFFAIRS\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nPresidential Proclamation of\n\"National Information Processing\nWeek\" for INFOMART Opening\nCounsel's Office has reviewed the request from Dallas Market\nCenter Co. for a Presidential proclamation or other message\nto mark the opening of INFOMART, a permanent marketplace for\nproducers of information processing products, in Dallas. As\nyou are aware, established White House policy precludes the\nissuance of proclamations that are not requested by joint\nresolution of Congress or traditionally issued (e.g.,\nThanksgiving). In fact, any sort of Presidential message\nwould be inappropriate in this case, because of the com-\nmercial nature of the event. The White House does not\napprove messages from the President that are or could be\nconstrued as an endorsement of a commercial product, enter-\nprise, or event. Adherence to this policy is necessary to\navoid unseemly commercialization of the office.\nFFF:JGR:aea 1/10/85\nCC: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 10, 1985\nMEMORANDUM FOR THE FILES\nFROM:\nJOHN G. ROBERTS 0762\nSUBJECT:\nArticle for ABA Journal on the Subject\nof Equal Access to Justice Act\nBy telephone conversation yesterday I advised Breger that\nour office had no objection to the article, but that he must\nobtain clearance from the Department of Justice (Associate\nDeputy Attorney General Roger Clegg).\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 11, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS JJR\nSUBJECT:\nNicaraguan Refugees\nBob Kimmitt has asked if you have any legal problems with\nthe attached proposal to involve the President and the White\nHouse in efforts to raise funds for a new, private sector\n\"Nicaraguan Refugee Fund.\" Faith Whittlesey has already\nbeen involved in establishing the organization, and the\norganizers want a January 22 Roosevelt Room briefing for\ncorporate CEOs. They hope that, after the briefing, the\nCEOs \"will then -- on their own -- find it in their hearts\nto pledge seed money\" for the program. The organizers also\nplan a formal dinner in March, and hope the President will\ndrop by.\nI recommend stopping any White House involvement in this\neffort. I have no doubt of the bona fides of the organizers,\nbut the White House generally does not lend its facilities\nfor private fundraising. The corporate CEOs would doubtless\nview the solicitation from the \"private\" organization as\nhaving official backing if they learn about it at a White\nHouse briefing. A memorandum to Kimmitt is attached for\nyour review and signature.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 11, 1985\nMEMORANDUM FOR ROBERT KIMMITT\nDEPUTY ASSISTANT TO THE PRESIDENT\nFOR NATIONAL SECURITY AFFAIRS\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nNicaraguan Refugees\nYou have asked for my views on a proposal to involve the\nPresident and the White House in fundraising efforts for a\nprivate organization, the Nicaraguan Refugee Fund. In\nparticular, organizers of the Fund have requested a Roosevelt\nRoom briefing for corporate CEOs from whom they would then\nsolicit \"seed money.\"\nEstablished White House policy generally precludes use of\nWhite House facilities for fundraising for private organi-\nzations, no matter how laudable the efforts of the organi-\nzation. The corporate CEOs targeted by the organizers of\nthe Fund would doubtless perceive the solicitations as\nhaving official approval, which is not the case and cannot\nbe the case. Accordingly, I must counsel against holding\nthe briefing or any other function coordinated with fund-\nraising for the Fund.\nFFF: JGR:aea 1/11/85\ncc: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 11, 1985\nMEMORANDUM FOR DIANNA G. HOLLAND\nJOHN G. ROBERTS OZR\nCOPY Reagan Presidential Record\nFROM:\nSUBJECT:\nReappointment of Anne C. Seggerman\nto the President's Committee on\nMental Retardation\nI have reviewed the Personal Data Statement submitted by the\nabove-named individual in connection with her prospective\nreappointment to the President's Committee on Mental\nRetardation (PCMR). The PCMR, established by Executive\nOrder 11776, provides advice to the President on mental\nretardation, Federal programs in the area, and the\ndevelopment and dissemination of information on mental\nretardation. The PCMR submits an annual report to the\nPresident on mental retardation.\nPursuant to section 2 of Executive Order 11776, several\nCabinet members serve on the Committee ex officio, and the\nPresident may appoint \"[n]ot more than twenty-one other\nmembers\nemployed in either the public or the private\nsectors\ninclud[ing] specialists in medicine and other\nhealing arts, human development, special education, law, and\nemployment problems, as well as members of foundations and\nother private organizations active in the mental retardation\nfield.\nMrs. Seggerman clearly satisfies the criteria of the Executive\nOrder.\nble\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 15, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS 820L\nSUBJECT:\nProposed Presidential Statement:\nBirthday of Dr. Martin Luther King, Jr.\n(January 14 Draft)\nRichard Darman has asked that comments on the above-referenced\nproposed statement be sent directly to Ben Elliott as soon\nas possible. The brief statement praises Dr. King for his\nexample of \"moral leadership\" and advocacy of peaceful\nchange. I have no objections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 15, 1985\nMEMORANDUM FOR BEN ELLIOTT\nDEPUTY ASSISTANT TO THE PRESIDENT\nDIRECTOR, PRESIDENTIAL SPEECHWRITING\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nProposed Presidential Statement:\nBirthday of Dr. Martin Luther King, Jr.\n(January 14 Draft)\nCounsel's Office has reviewed the above-referenced\nstatement, and finds no objection to it from a legal\nperspective.\ncc: Richard G. Darman\nFFF:JGR:aea 1/15/85\nCC: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 15, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS ose\nSUBJECT:\nLahaina Galleries Inc. Use of\nPresidential Photo in Advertising\nJohn Marion, Sr., sent his son John Marion, Jr., the attached\nadvertisement from the January 1985 issue of Connoisseur\nmagazine, and Junior sent it on to our office. The advertise-\nment for Lahaina Galleries, Inc., features a photograph of\nEva Makk and her husband meeting the President. The photograph\nbears the customary \"with appreciation and best wishes\"\ncalligraphy and the President's signature.\nThis use of the President's photograph and signature violates\nour policy against any use that suggests endorsement of a\ncommercial product or enterprise. The attached draft letter\nto Makk directs her to cease such misuse of the photograph.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 15, 1985\nDear Mrs. Makk:\nYour advertisement in the January 1985 issue of Connoisseur\nmagazine has been called to our attention. That advertise-\nment features an autographed photograph of your meeting with\nthe President.\nEstablished White House policy prohibits any use of the\nname, likeness, photograph, or signature of the President in\nany manner that suggests or could be construed as endorsement\nof a commercial product or enterprise. Your advertisement\ncontravenes this policy. You should immediately cancel the\nadvertisement and take whatever other steps are necessary to\nensure that the photograph is not used in any manner for\ncommercial promotion. Please advise me of the action you\nhave taken.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMrs. Eva Makk\n1515 Laukali Street\nHonolulu, HI 96821\nFFF:JGR:aea 1/15/85\ncc: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 17, 1985\nAPPOINTMENT PROCESS PERSONAL INTERVIEW RECORD\nDATE OF INTERVIEW:\nJanuary 17, 1985 (by telephone)\nCANDIDATE:\nKyle C. Boone\nPOSITION:\nMember, National Institute of Building Sciences\nINTERVIEWER:\nJohn G. Roberts for\nCOPY Reagan Presidential Record\nCOMMENTS:\nKyle C. Boone is being considered for reappointment to the\nNational Institute of Building Sciences (NIBS) \"as repre-\nsentative of the public interest,' 12 U.S.C. § 1701j-2(c) (4)\nMr. Boone meets the statutory requirements for this appoint-\nment. The statute provides that \"[t]hose representing the\npublic interest on the Board shall include architects \"\nid. § 1701j-2 (c) (1), and Mr. Boone is an architect. The\nstatute also provides that \" [s]uch members of the Board\nshall hold no financial interest or membership in, nor be\nemployed by, or receive other compensation from, any company,\nassociation, or other group associated with the manufacture,\ndistribution, installation, or maintenance of specialized\nbuilding products, equipment, systems, subsystems, or other\nconstruction materials and techniques for which there are\navailable substitutes.\" Mr. Boone reaffirmed that he had no\naffiliation that would disqualify him under this provision.\nb6\nHe was originally cleared by me for\nappointment to the NIBS Board on March 9, 1983. Reappoint-\nments are authorized, see 12 U.S.C. § 1701j-2( (c) (3), but no\nindividual may serve more than three consecutive three-year\nterms. This is Mr. Boone's first reappointment.\nTHE WHITE HOUSE\nWAEHINGTON\nJanuary 17, 1985\nAPPOINTMENT PROCESS PERSONAL INTERVIEW RECORD\nDATE OF INTERVIEW:\nJanuary 17, 1985 (by telephone)\nCANDIDATE:\nMacDonald G. Becket\nPOSITION:\nMember, National Institute of Building Sciences\nINTERVIEWER:\nJohn G. Roberts\nfor\nCOPY Reagan Presidential Record\nCOMMENTS:\nMacDonald G. Becket is being considered for reappointment to\nthe National Institute of Building Sciences (NIBS) \"as\nrepresentative of the public interest,\" 12 U.S.C. § 170lj-2 (c) (4).\nMr. Becket meets the statutory requirements for this appointment.\nThe statute provides that \"[t]hose representing the public\ninterest on the board shall include architects id.\n§ 1701j-2 (c) (1), and Mr. Becket is an architect. The\nstatute also provides that \" [s]uch members of the Board\nshall hold no financial interest or membership in, nor be\nemployed by, or receive other compensation from, any company,\nassociation, or other group associated with the manufacture,\ndistribution, installation, or maintenance of specialized\nbuilding products, equipment, systems, subsystems, or other\nconstruction materials and techniques for which there are\navailable substitutes.\" Mr. Becket confirmed that he had no\naffiliation that would disqualify him under this provision.\nb6\nHe was originally cleared by Ed\nWilson for appointment to the NIBS board in early 1983.\nReappointments are authorized, see 12 U.S.C. §\n1701j-2(c) (3), but no individual may serve more than three\nconsecutive three-year terms. This is Mr. Becket's first\nreappointment.\nI should note that Mr. Becket serves as \"honorary consul\"\nfor Sri Lanka, a position that triggers the Foreign Agents\nRegistration Act (FARA) and would appear to subject him to\ndisqualification under 18 U.S.C. § 219. That provision\nmakes it a felony for an employee of the United States to\nact as an agent for a foreign principal required to register\nunder FARA. The NIBS enabling statute, however, specifies\nthat \"[t]he members of the initial or succeeding Boards\nshall not, by reason of such membership, be deemed to be\nemployees of the United States Government.\" 12 U.S.C.\n$ 1701j-2 (c) (6). Accordingly, the prohibition of 18 U.S.C.\n§ 219 is not triggered, and does not represent an obstacle\nto Mr. Becket's service on the NIBS board.\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 18, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS DOR\nSUBJECT:\nOMB's Bulletin Concerning the\nCompetition in Contracting Act of 1984\nJoe Wright has asked for your clearance as soon as possible\non a letter he proposes to send to Chairman Jack Brooks\nconcerning Administration constitutional objections to\ncertain provisions of the Competition in Contracting Act of\n1984. I provided information to you on these constitutional\nproblems by memoranda dated November 7 and November 28, 1984\n(copies attached). Briefly, the Justice Department has\nconcluded that provisions in the Act authorizing the Comp-\ntroller General to lift a stay of a government contract\naward triggered by a bid protest and to award attorneys fees\nand costs to a prevailing bid protester are unconstitutional\nbecause such actions are executive in nature and the Comp-\ntroller General is a legislative, not executive officer.\nOMB issued a bulletin consistent with the Justice opinion,\nand Brooks objected to it. The draft letter from Wright to\nBrooks simply reiterates the Justice view, and notes that\nOMB is bound by it -- thus the bulletin. There is nothing\nnew here; I have no objections.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 18, 1985\nMEMORANDUM FOR JOSEPH R. WRIGHT\nDEPUTY DIRECTOR\nOFFICE OF MANAGEMENT AND BUDGET\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nOMB's Bulletin Concerning the\nCompetition in Contracting Act of 1984\nCounsel's Office has reviewed your proposed reply to Chairman\nBrooks concerning the above-referenced topic, and finds no\nobjection to it from a legal perspective.\nFFF:JGR:aea 1/18/85\nCC: FFFielding\nJGRoberts\nSubj\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 18, 1985\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS OR\nSUBJECT:\nBriefing of Corporate Executives\non Nicaragua (Nicaraguan Refugees)\nBob Kimmitt has supplied additional facts concerning the\nproposed (and scheduled) Roosevelt Room briefing for cor-\nporate CEOs on Nicaragua, requested by the newly-organized\nNicaraguan Refugee Fund. You will recall that you counseled\nagainst the briefing by memorandum dated January 11 (copy\nattached), on the ground that the White House should not be\nused for fundraising for a private organization. In his\npetition for rehearing Kimmitt argues that this policy will\nnot be violated, since any fundraising will take place away\nfrom the White House after the briefing, at a reception\nhosted by the Fund at the Hay-Adams.\nI suppose we could permit the briefing to take place --\nKimmitt suggests it is desirable from the standpoint of\nAdministration policy -- but I think his \"Chinese wall\"\nargument is a bit artificial. The briefing and the later\nfundraising reception are a package, and will doubtless be\nperceived as such by the CEOs. Nonetheless, our policy is\njust that -- a policy rather than a legal requirement -- and\nif NSC strongly wants to hold the briefing, I have no\nproblem with letting them do so, with as clear a wall\nbetween the White House and the subsequent fundraising as\npossible. A memorandum along these lines is attached; if\nyou are inclined to stick to our guns I will be happy to\ndraft a memorandum along those lines.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 18, 1985\nMEMORANDUM FOR ROBERT KIMMITT\nDEPUTY ASSISTANT TO THE PRESIDENT\nFOR NATIONAL SECURITY AFFAIRS\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nBriefing of Corporate Executives\non Nicaragua (Nicaraguan Refugees)\nYou have supplied additional facts concerning the proposed\nJanuary 22 Roosevelt Room briefing for corporate CEOs, and\nhave requested that I reconsider my opinion that the brief-\ning would contravene White House policy against use of the\nWhite House for private fundraising. You stressed that any\nfundraising by the Nicaraguan Refugee Fund (NRF) would be\nrestricted to a reception held away from the White House\nafter the briefing.\nYour attempt to separate the White House briefing from the\nsubsequent fundraising strikes me as somewhat artificial,\nand I suspect many of the CEOs will perceive the two events\nas linked. Nonetheless, I would interpose no objection to\nthe briefing if (1) it is your view that the briefing\nadvances important White House policies in the area (apart\nfrom any desire to assist the NRF), and (2) every effort is\nmade to ensure that the CEOs understand that the fundraising\nactivities of the NRF are not endorsed or in any way sponsored\nby the Government.\nFFF:JGR:aea 1/18/85\nCC: FFFielding\nJGRoberts\nSubj\nChron"
}