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JGR/Enrolled Bills - May 1984 (2 of 2)
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JGR/Enrolled Bills - May 1984 (2 of 2)
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Enrolled Bills - May 1984
(2 of 2)
Box: 21
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
May 21, 1984
The President today signed the following legislation:
H.R. 4176 which (1) confirms the boundaries of the Southern Ute
Reservation in Colorado and (2) clarifies criminal and civil juris-
diction over Indians and non-Indians.
S. 64 which designates 16,500 acres of the Mark Twain National
Forest, Missouri, as the "Irish Wilderness."
S. 597 which requires the Secretary of Agriculture to convey,
without consideration, 52.46 acres of land to the city of
Show Low, Arizona, to be used as a city park.
S. 1129 which extends through fiscal year 1986 and amends the
Domestic Volunteer Service Act, which authorizes volunteer
programs administered by the ACTION agency; and amends the
definition of the poverty line in the Community Services Block
Grant Act.
S. 1188 which eliminates a requirement that the Comptroller
General conduct an annual audit of the Disabled American
Veterans.
###
THE WHITE HOUSE
WASHINGTON
May 29, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
826
SUBJECT:
S. 422 -- Controlled Substance
Registrant Protection Act of 1984
Richard Darman has asked for comments on the above-
referenced enrolled bill by 3:00 p.m. today. This bill,
which passed both Houses by voice vote, would make it a
Federal crime to rob or burglarize a registrant (typically a
pharmacist) under the Controlled Substances Act, 21 U.S.C.
§ 822, and would also make it a separate Federal offense to
assault with a dangerous weapon or kill a person while
robbing or burglarizing such a registrant, or to conspire to
do SO. Prosecution for the robbery and burglary elements is
only permitted if (1) the value of the controlled substance
is a least $500, (2) the defendant travelled in interstate
commerce or used a facility in interstate commerce in
committing the offense, or (3) a person was killed or
seriously injured during the offense. A covered robbery or
burglary carries a penalty of up to 20 years and/or a fine
of up to $25,000; assault with a dangerous weapon in the
course of a covered offense increases the maximum term to 25
years and the fine to $35,000; if death results the defendant
faces life and a maximum fine of $50,000. A conspiracy
conviction carries a penalty of up to ten years and/or a
fine of up to $25,000. OMB recommends approval; Justice has
no objection; HHS defers; Treasury has no comment.
The lukewarm endorsement of this bill reflected in the
agency comments derives from the belief that robbery and
burglary offenses should be the province of State and local
rather than Federal law enforcement. As you may be aware,
several State and local law enforcement officials have
objected to the bill on the ground that it is an intrusive
expansion of Federal jurisdiction. I can appreciate these
concerns. On the other hand, the registrants are subject to
a greater risk of burglary and robbery precisely because of
the Federal regulations and control over their activities,
and the limitations in the bill make it clear that run-of-the-
mill pharmacy robberies are not automatically to become
Federal cases. The Federal authorities can exercise prosecu-
torial discretion and defer to their State and local counter-
parts in all but the most serious cases, or those with
broader ramifications beyond the robbery, and in light of
- 2 -
the large number of more significant Federal cases in the
drug area, I suspect Federal prosecutors will generally be
quite willing to do SO.
Justice has apparently not submitted a signing statement,
outlining the limited Federal prosecutorial role they
anticipate under this statute. Such a statement could
alleviate the concerns of some State and local officials,
but could also antagonize the bill's sponsors and be perceived
as Administration timidity in embracing another tool in the
war on drugs. On balance, it probably makes sense simply to
sign the bill without issuing a statement.
I have reviewed the memorandum for the President prepared by
OMB Assistant Director for Legislative Reference James M.
Frey, and the bill itself, and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
May 29, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
S. 422 -- Controlled Substance
Registrant Protection Act of 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 5/29/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
May 29, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
S. 422 -- Controlled Substance
Registrant Protection Act of 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 5/29/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 205652 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H - INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: S. 422 - Controlled Substance Registrant
Protection Act of 1984
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cuttou
ORIGINATOR 84 05,25
/
/
Referral Note:
CUAT 18
D 84.05.25
584,05,29
Referral Note:
3:00
/
/
/
/
-
Referral Note:
/ /
/ /
-
Referral Note:
/
+
/
/
I
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No.
205652ss
WHITE HOUSE STAFFING MEMORANDUM
DATE:
5/25/84
ACTION/CONCURRENCE/COMMENT DUE BY:
3:00 p.m. 5/29/84
SUBJECT:
S. 422 - CONTROLLED SUBSTANCE REGISTRANT PROTECTION ACT of 1984
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
F
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
P
SVAHN
A
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
REMARKS:
Please provide any comments/recommendations by 3:00 p.m. Tuesday,
May 29th.
Thank you.
RESPONSE:
1984 MAY 25 PH 5: 19
Richard G. Darman
Assistant to the President
Ext. 2702
R
I'm
EXECUTIVE OFFICE OF THE PRESIDENT
1984 M.
UNITED
OFFICE OF MANAGEMENT AND BUDGET
1984 MAY 25 PM 4: 30
FIVE
WASHINGTON, D.C. 20503
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 422 - Controlled Substance Registrant
Protection Act of 1984
Sponsors - Sen. Jepsen (R) Iowa and 44 others
Last Day for Action
June 1, 1984 - Friday
Purpose
To make it a federal criminal offense to commit a robbery or
burglary involving a controlled substance.
Agency Recommendations
Office of Management and Budget
Approval
Department of Justice
No objection
Department of Health and Human Services
Defers[Informally)
Department of the Treasury
No
Discussion
The Controlled Substances Act established a comprehensive scheme
for regulation of the distribution of certain drugs ("controlled
substances") that have sedative, stimulative, depressive, or
similar effects on the human central nervous system. The
principal purposes of this regulatory scheme, which requires
persons engaged in the legitimate distribution of controlled
substances to register with the Justice Department, are to
prevent the illegitimate distribution and abuse of these drugs.
According to the report of the House Committee on the Judiciary,
federal regulation of controlled substances has resulted in high
prices for these drugs on the black market. As a result,
robberies and burglaries committed against registrants under the
Controlled Substances Act, especially pharmacies, have become a
serious problem. Between 1977 and 1981, for example, about 5,000
offenses were committed each year. Under current federal law, a
number of activities involving the possession, transportation, or
acquisition of controlled substances are criminal offenses. It
is not, however, a federal offense to obtain possession of a
controlled substance through a robbery or burglary. S. 422 will
make the acts described below a federal criminal offense.
2
-- Federal Criminal Offenses
The enrolled bill will make it a federal criminal offense to:
O Take or attempt to take from another person by force, violence,
or intimidation a controlled substance belonging to, or in the
custody of, a person registered under the Controlled Substances
Act (i.e., to commit a robbery) ;
O Enter, attempt to enter, or remain in the business premises of
a person registered under the Controlled Substances Act with
intent to steal a controlled substance (i.e., to commit a
burglary) ;
Assault a person or put in jeopardy the life of a person by use
of a dangerous weapon during the commission of either of the
two preceding offenses;
Kill a person while committing either of the first two of the
preceding offenses; or
O Conspire to commit either of the first two of the preceding
offenses.
With respect to the robbery and burglary offenses, prosecution
would only be permitted if (1) the replacement cost of the
controlled substance involved was at least $500; (2) the person
committing the offense traveled in interstate or foreign commerce
or used any facility in interstate or foreign commerce in
committing the offense; or (3) another person was killed or
suffered "significant bodily injury" as a result of the
commission of the offense.
As the Department of Justice notes in its enrolled bill views
letter, those conditions make clear that federal authorities
are not expected to investigate and prosecute every pharmacy
robbery or theft." In addition, Justice advises that it will
carefully exercise its discretion on whether or not to prosecute
such cases. Nevertheless, Justice informally advises that some
State and local law enforcement officials view this legislation
as a significant expansion of Federal jurisdiction in an area
that has been traditionally the domain of State and local
governments.
-- Penalties
A conviction for either robbery or burglary under the terms of
the enrolled bill would carry a penalty of up to 20 years
imprisonment, a fine of $25,000, or both. An additional penalty
for committing an assault, and using a dangerous weapon in SO
doing, during the commission of a covered offense would be
3
imprisonment for not more than 25 years, a fine of up to $35,000,
or both. For an offense involving the death of a person, the
penalty would be imprisonment for any term of years, or life, a
fine of up to $50,000, or both. The conspiracy offense would
carry a penalty of imprisonment up to ten years, a fine of up to
$25,000, or both.
Finally, S. 422 would require the Attorney General to report to
Congress once each year for the three years following enactment
of the enrolled bill on the Justice Department's enforcement
activities under the bill.
S. 422 passed both Houses by voice vote.
James m. Director Trey for
/Legislative Reference
Enclosures
422
Rinety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Art
To amend title 18 of the United States Code to provide a criminal penalty for
robbery of a controlled substance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Controlled Substance Registrant Protection Act of
1984".
SEC. 2. Chapter 103 of title 18, United States Code, is amended by
adding at the end the following:
"§ 2118. Robberies and burglaries involving controlled substances
"(a) Whoever takes or attempts to take from the person or pres-
ence of another by force or violence or by intimidation any material
or compound containing any quantity of a controlled substance
belonging to or in the care, custody, control, or possession of a
person registered with the Drug Enforcement Administration under
section 302 of the Controlled Substances Act (21 U.S.C. 822) shall,
except as provided in subsection (c), be fined not more than $25,000
or imprisoned not more than twenty years, or both, if (1) the
replacement cost of the material or compound to the registrant was
not less than $500, (2) the person who engaged in such taking or
attempted such taking traveled in interstate or foreign commerce or
used any facility in interstate or foreign commerce to facilitate such
taking or attempt, or (3) another person was killed or suffered
significant bodily injury as a result of such taking or attempt.
"(b) Whoever, without authority, enters or attempts to enter, or
remains in, the business premises or property of a person registered
with the Drug Enforcement Administration under section 302 of the
Controlled Substances Act (21 U.S.C. 822) with the intent to steal
any material or compound containing any quantity of a controlled
substance shall, except as provided in subsection (c), be fined not
more than $25,000 or imprisoned not more than twenty years, or
both, if (1) the replacement cost of the controlled substance to the
registrant was not less than $500, (2) the person who engaged in
such entry or attempted such entry or who remained in such
premises or property traveled in interstate or foreign commerce or
used any facility in interstate or foreign commerce to facilitate such
entry or attempt or to facilitate remaining in such premises or
property, or (3) another person was killed or suffered significant
bodily injury as a result of such entry or attempt.
"(c)(1) Whoever in committing any offense under subsection (a) or
(b) assaults any person, or puts in jeopardy the life of any person, by
the use of a dangerous weapon or device shall be fined not more
than $35,000 and imprisoned for not more than twenty-five years.
"(2) Whoever in committing any offense under subsection (a) or (b)
kills any person shall be fined not more than $50,000 or imprisoned
for any term of years or life, or both.
S.422-2
"(d) If two or more persons conspire to violate subsection (a) or (b)
of this section and one or more of such persons do any overt act to
effect the object of the conspiracy, each shall be fined not more than
$25,000 or imprisoned not more than ten years or both.
"(e) For purposes of this section-
"(1) the term 'controlled substance' has the meaning pre-
scribed for that term by section 102 of the Controlled Sub-
stances Act;
"(2) the term 'business premises or property' includes con-
veyances and storage facilities; and
"(3) the term 'significant bodily injury' means bodily injury
which involves a risk of death, significant physical pain, pro-
tracted and obvious disfigurement, or a protracted loss or im-
pairment of the function of a bodily member, organ, or mental
or sensory faculty.".
SEC. 3. The table of sections for chapter 103 of title 18, United
States Code, is amended by adding at the end the following new
item:
"2118. Robberies and burglaries involving controlled substances.".
SEC. 4. For each of the first three years after the date of enact-
ment of this Act, the Attorney General of the United States shall
submit an annual report to the Congress with respect to the enforce-
ment activities of the Attorney General relating to the offenses
created by the amendment made by section 2 of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WHITE HOUSE
WASHINGTON
May 30, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Enrolled Bill H.R. 5287 -- Developing
Institution Challenge Grant and Other
Education Program Amendments
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business Monday,
June 4. This bill would correct a problem that has
developed in the grant program for developing educational
institutions, including historically black colleges. A law
passed last year established a new grant program for such
schools and provided for the termination of the previously-
awarded grants to the same schools at the end of this year.
The bill would avoid this abrupt termination and permit a
smoother transition between the old and new grant programs,
without increasing the total committed funds. The bill
would also increase the authorization level for the Edu-
cation Department Inspector General, to the level requested
by the Administration; reauthorize a fellowship program for
poor students and teachers to participate in the "Close Up"
program; authorize grants for law school clinical programs
and law-related educational programs at the elementary and
secondary school levels; slightly expand the definition of
migrant children for purposes of the established migrant
education program; and authorize a grant to two historically
black colleges in Philadelphia, Lincoln University and
Cheyney State College.
Education recommends approval, contending that the black
colleges and Inspector General aspects of the bill outweigh
the other objectionable but largely insignificant provisions.
OMB concurs. I have reviewed the memorandum for the President
prepared by OMB Assistant Director for Legislative Reference
James M. Frey, and the bill itself, and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
May 30, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 5287 -- Developing
Institution Challenge Grant and Other
Education Program Amendments
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 5/30/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 204714a CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
JGR
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enrolled Bill H.R. 5287 - Developing
Institution Challenge Grant and athert
Education Program Amerdments
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOU
ORIGINATOR 84,05,30
/
/
Referral Note:
CUAT 18
D 84 ,05,30
584,06,04
Referral Note:
/
/
/ /
-
Referral Note:
/ /
/ /
-
Referral Note:
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C * Comment/Recommendation
R Direct Reply w/Copy
B * Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X * Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 204714SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 5/29/84
ACTION/CONCURRENCE/COMMENT DUE BY: 6/4/85
ENROLLED BILL H.R. 5287 - DEVELOPING INSTITUTION CHALLENGE
SUBJECT:
GRANT AND OTHER EDUCATION PROGRAM AMENDMENTS
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
P
SVAHN
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
REMARKS:
May we have your comments on the attached Enrolled Bill by close of
business Monday, June 4. Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 MAY 29 PM 7: 21
Ext. 2702
STATE SECUTIVE UNITED OFFICE PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
1984 MAY 29 PM 4: 53
WASHINGTON, D.C. 20503
MAY 29 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 5287 - Developing Institution
Challenge Grant and Other Education Program
Amendments
Sponsors - Rep. Simon (D) Illinois and Coleman (R)
Missouri
Last Day for Action
Purpose
Corrects a problem affecting the Challenge Grant Program for
developing institutions under the Higher Education Act; provides
immediate funding for the Lincoln/Cheyney State Urban Education
Foundation project; and reauthorizes or amends several other
Department of Education programs.
Agency Recommendations
Office of Management and Budget
Approval
Department of Education
Approval
Discussion
As initially passed by the House (voice vote), the major purpose
of H.R. 5287 was to correct a technical oversight in the
Challenge Grant Amendments of 1983 (P.L. 98-95). That law, which
was very similar to an Administration proposal, enacted a new
program of matching grants under Title III of the Higher Educa-
tion Act to establish or increase endowment funds at developing
institutions (especially historically black colleges). It also
terminated funding at the end of 1984 for previously-awarded
Challenge Grants for the same schools, which would unintention-
ally result in adverse effects on a number of institutions. In
response, H.R. 5287 was introduced with support by the Department
of Education to allow orderly phase-out funding of current multi-
year Challenge Grants, and thus avoid abrupt termination of these
awards at the close of 1984.
Subsequently, the Senate added several non-germane amendments to
other Department of Education programs and passed the bill by
voice vote, with no opportunity for Administration comments. The
House then accepted the Senate amendments by voice vote.
2
Provisions similar to three of the Senate amendments --
concerning the Allen J. Ellender Fellowship Program and two law-
related education programs -- had been passed by the House last
fall by a large margin in H.R. 3324, which the Administration
opposed. Despite these provisions, the Department of Education
recommends, and we agree, that you should sign H.R. 5287 because
of its Challenge Grant and Lincoln/Cheyney State project
provisions assisting historically black colleges.
As contained in the enrolled bill, the Senate amendments are as
follows:
Department of Education Office of Inspector General -- The
enrolled bill increases the 1984 authorization ceiling for this
Office from $13.0 million to $15.0 million, the funding level
proposed by the Administration.
Ellender Fellowships -- These fellowships came into existence in
1972 and are awarded to secondary school students and their
teachers to participate in a Washington, D.C., public affairs
program run by the Close-Up Foundation. The 1984 appropriation
level for this program is $1 million.
H.R. 5287 would reauthorize the Ellender Fellowship program
through 1989, with authorization levels of $1.5 million for 1984
and for 1985, increasing gradually to $2.5 million for 1989. The
Administration (as well as its predecessors) has unsuccessfully
opposed continued Federal funding for this program as
unnecessary.
Law School Clinical Experience Program -- This program provides
grants to accredited law schools to demonstrate the advantages of
actual legal practice experience for law students. It has a $1
million appropriation for 1984. The enrolled bill would extend
the authorization for this program through 1989, authorizing $1.5
million for 1985, rising to $3 million for 1989. The Administra-
tion has also unsuccessfully proposed no funding for this
program.
Law-Related Education Program -- This program provides grants to
educational institutions to educate students, primarily at the
elementary and secondary levels, about the American legal system.
Although it was incorporated into the education block grant
enacted in 1981, congressional directives have led the Secretary
to maintain categorical funding of $1 million annually. The
enrolled bill would formally recategorize the program by statu-
torily establishing a $1 million minimum annual set-aside for it
within the Secretary's discretionary fund. The Administration
had strongly opposed this provision as a step backward from the
objective of maximizing State/local discretion in education
programs.
3
Definition of Migrant Children -- The enrolled bill changes the
definition of eligible children under the migrant education
program of Chapter 1 of the Education Consolidation and
Improvement Act to include the children of migratory fishermen
who travel over 20 miles within school districts of over 18,000
square miles. Although this change will increase slightly the
number of eligible children (especially in Alaska and Hawaii),
there need be no effect on funding, as long as the Congress
continues its current practice of providing fixed appropriations
rather than fully funding the program's formula.
Lincoln-Cheyney State Project -- H.R. 5287 authorizes an appro-
priation of $3.4 million for the Department of Education to help
two historically black colleges -- Lincoln University and Cheyney
State College -- in Philadelphia renovate a donated facility for
use as an urban education center. The Administration helped
arrange the donation and is publicly committed to providing $5
million. The Economic Development Administration in the Depart-
ment of Commerce has already committed (but not yet awarded) $1.6
million from available funds. Of key importance is the provision
of authority in H.R. 5287 for the Secretary of Education to use
certain otherwise available balances to grant up to $1 million
for the project without further congressional action. (The
remainder of the $3.4 million is expected to be provided in a
supplemental appropriation.) The $1 million is needed by the two
schools now to meet a bank loan which comes due early in July.
In its views letter, Education expresses its strong support for
the major substantive provisions of H.R. 5287 and urges that you
sign the enrolled bill promptly. The Department believes that
the provisions of the bill dealing with the Lincoln-Cheyney State
Urban Education Foundation Project, the Office of the Inspector
General, and the Challenge Grant program clearly outweigh its
objections to the reauthorizations of the Ellender Fellowships
and law school clinical programs, the recategorization of the
law-related education program, and the expanded definition of
migrant children under the Chapter 1 program.
Assistant James Director Trey
for
Legislative Reference
Enclosures
H.R.5287
Rinety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Art
To amend title III of the Higher Education Act of 1965 to permit additional funds to
be used to continue awards under certain multi-year grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 347(f) of the Higher Education Act of 1965 is
amended to read as follows:
"(f)(1) For each fiscal year, the Secretary shall reserve from the
amount appropriated for part B such sums as may be necessary to
fund continuation awards for multiple year grants awarded to
institutions under section 331 prior to October 1, 1983.
"(2) For each fiscal year, the Secretary may reserve from the
amount appropriated for part B, not more than an amount equal to
the difference between the amount awarded under paragraph (1)
and the amount equal to the aggregate amount institutions receiv-
ing grants under part B would contribute under section 324 to the
cost of their grants in that fiscal year assuming their grant amounts
are the same as those received in the prior fiscal year. The Secretary
may use this amount to award grants to eligible institutions under
section 333.
"(3) In reserving and awarding funds under this subsection, the
Secretary shall assure in each fiscal year that the funds that would
have been reserved under part B for institutions described in subsec-
tion (c) or (e) shall be reserved under section 331 or 333 for those
institutions."
SEC. 2. (a) Section 510 of the Omnibus Budget Reconciliation Act of
1981 (Public Law 97-35) is amended by striking out beginning with
the semicolon in clause (1) all matter through the end of the
sentence and inserting in lieu thereof: "for each such year; and
"(2) $12,989,000 shall be available for each of the fiscal years
1982 and 1983, and $14,961,000 shall be available for fiscal year
1984 for the Office of Inspector General.".
(b) The amendment made by subsection (a) of this section shall
take effect October 1, 1983.
SEC. 3. Section 5 of the joint resolution entitled "Joint Resolution
to provide grants for Allen J. Ellender fellowships to disadvantaged
secondary school students and their teachers to participate in a
Washington public affairs program", approved October 19, 1972, is
amended to read as follows:
"SEC. 5. There are authorized to be appropriated $1,500,000 for the
fiscal year 1984, $1,500,000 for the fiscal year 1985, $2,000,000 for the
fiscal year 1986, $2,000,000 for the fiscal year 1987, $2,500,000 for the
fiscal year 1988, and $2,500,000 for the fiscal year 1989 to carry out
the provisions of this joint resolution."
SEC. 4. (a) Notwithstanding any other provision of law, the total
amount which may be appropriated to carry out part E of title IX of
the Higher Education Act of 1965, relating to law school clinical
experience programs, shall not exceed $1,500,000 in fiscal year 1985,
H.R. 5287-2
$2,000,000 in fiscal year 1986, $2,000,000 in fiscal year 1987,
$2,500,000 in fiscal year 1988, and $3,000,000 in fiscal year 1989.
(b)(1) Section 583(b) of the Education Consolidation and Improve-
ment Act of 1981 is amended by striking out "and" at the end of
clause (2), by inserting "and" at the end of clause (3), and by
inserting after such clause the following new clause:
"(4) the law-related education program as formerly authorized
by part G of title III of the Elementary and Secondary Educa-
tion Act of 1965,'
(2) Such section is further amended by inserting "(or $1,000,000 in
the case of the program referred to in paragraph (4))" after "fiscal
year 1981".
SEC. 5. Section 555(b) of the Education Consolidation and Improve-
ment Act of 1981 is amended by inserting before the period at the
end thereof a comma and the following: "except that such definition
shall be modified to include children of migratory fishermen, if such
children reside in a school district of more than 18,000 square miles
and migrate a distance of 20 miles or more to temporary residences
to engage in fishing activity".
SEC. 6. (a)(1) The Secretary is authorized to make grants to the
Urban Education Foundation of Pennsylvania, Inc., located in Phila-
delphia, Pennsylvania, for the purpose of reconstruction and renova-
tion (and related costs) of the combined graduate and undergraduate
facilities at the urban research park established as the Urban
Education Foundation of Pennsylvania, Inc.
(2) There is authorized to be appropriated $3,400,000 to carry out
the provisions of paragraph (1) of this subsection.
(b)(1) Notwithstanding any other provision of law, from any
amounts recovered by the Department of Education from prior fiscal
year obligations from the Higher Education Appropriation Account
for the Department of Education, the Secretary may use not to
exceed $1,000,000 to carry out the provisions of subsection (a) of this
section.
(2) The amount authorized to be appropriated by paragraph (2) of
subsection (a) shall be reduced by any amounts expended under
paragraph (1) of this subsection.
SEC. 7. The amendment made in section 1 shall take effect on
October 1, 1984.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Enrolled Bill H.R. 3547 -- Extend
District of Columbia Borrowing Authority
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business Monday,
June 4. This bill would extend for an additional year the
authority of the Mayor of the District of Columbia to borrow
from the U.S. Treasury to finance capital improvements, and
similarly extend the authority of the Secretary of the
Treasury to make such loans. Both the District and the
Administration had hoped that the District would be fin-
ancing capital projects through the private bond market by
this time, rather than continuing to rely on Treasury loans.
The District's plans to float bonds were scotched, however,
by the Supreme Court's decision in INS V. Chadha, which cast
a cloud over the legality of District Government actions and
precluded a favorable bond counsel opinion. At least until
the D.C. Chadha issue is resolved, the District will have to
continue to rely on Treasury loans.
According to the memorandum from James M. Frey, the Adminis-
tration has supported this one-year extension, but has made
clear that this authority will not be extended any further.
The extension eases some of the pressure on the District to
accept our proposal for resolving the D.C. Chadha dispute,
but since the extension is for one year only and will not be
further extended it is perhaps tolerable. We should,
however, insist that Justice be afforded an opportunity to
review the bill, because of that Department's involvement in
the D.C. Chadha issue. OMB and the District recommend
approval; Treasury has no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3547 -- Extend
District of Columbia Borrowing Authority
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
The question of the District's authority to borrow from the
Treasury for capital improvements, however, is closely
related to the ongoing dispute over how to remove the cloud
cast on the District's governmental authority by the Supreme
Court decision in Immigration and Naturalization Service V.
Chadha. The Department of Justice has taken the lead for
the Administration in that dispute, and that Department's
recommendations should be solicited with respect to this
bill.
FFF:JGR:aea 5/31/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 3547 -- Extend
District of Columbia Borrowing Authority
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
The question of the District's authority to borrow from the
Treasury for capital improvements, however, is closely
related to the ongoing dispute over how to remove the cloud
cast on the District's governmental authority by the Supreme
Court decision in Immigration and Naturalization Service V.
Chadha. The Department of Justice has taken the lead for
the Administration in that dispute, and that Department's
recommendations should be solicited with respect to this
bill.
FFF:JGR:aea 5/31/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 204716 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
JGR
o OUTGOING
H INTERNAL
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(C)
Subject: Enrolled Bill H.R. 3547 - Extend District
of Columbia Borrowing Authority
ROUTE TO:
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84,05,30
38406104
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R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S - For Signature
F * Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response
Initials of Signer
Code
=
"A"
Completion Date
=
Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 204716SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 5/29/84
ACTION/CONCURRENCE/COMMENT DUE BY:
6/4/84
SUBJECT:
ENROLLED BILL H.R. 3547 - EXTEND DISTRICT OF COLUMBIA BORROWING
AUTHORITY
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
P
5S
SVAHN
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
REMARKS:
May we have your comments on the attached enrolled bill by close of
business Monday, June 4. Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 MAY 29 PM 7: 22
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
Receiv
OFFICE OF MANAGEMENT AND BUDGET
FINAL
1984 MAY 29 PM 4: 53
WASHINGTON, D.C. 20503
MAY 29 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3547 - Extend District of Columbia
Borrowing Authority
Sponsor - Rep. Dellums (D) California and 2 others
Last Day for Action
Purpose
Extends the authority of the Mayor of the District of Columbia to
borrow from the U.S. Treasury to finance capital projects.
Agency Recommendations
Office of Management and Budget
Approval
District of Columbia Government
Approval (Informally)
Department of the Treasury
No objection
(Informal)
Discussion
H.R. 3547 extends the authority of the Mayor of the District of
Columbia to finance capital improvements by borrowing from the
U.S. Treasury and the authority of the Secretary of the Treasury
to make such loans. Under current law, these authorities apply
to capital projects for which funds have been authorized or
appropriated by Congress before October 1, 1982, or enactment of
the fiscal year 1983 appropriation act for the District of
Columbia, whichever is later. This bill extends the date to
October 1, 1983, or the date of enactment of the fiscal year 1984
appropriation act for the District Government, whichever is
later. The 1984 Appropriations Act for the District of Columbia
(Public Law 98-125) provided $115 million for such loans.
The District of Columbia plans to finance future capital projects
through the private bond market, rather than continuing to rely
on Treasury loans. Questions about the applicability to the
District of the recent Supreme Court decision in INS VS. Chadha,
relating to the constitutionality of legislative vetoes, however,
have made it difficult for the District to establish a credit
rating sufficient to enter the bond market. (Under the District
of Columbia Home Rule Act, acts passed by the District Council
are subject to a one or two House veto by Congress.)
2
The Administration supported extending the authority to borrow
from the U.S. Treasury in order to give the District time to
establish such a rating and successfully enter the market, and to
avoid any undue disruption in capital improvement plans that
might be caused by the transition to private lending sources.
The Administration has made clear, however, that this authority
is transitional and will not be extended beyond fiscal year 1984.
The enrolled bill passed both the House and Senate by voice vote.
James Mi Frey m. Trey
for
Reference
Enclosures
H. 3547
Rinety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
RECEIVED
MAY 3 1 1984
THE HOUSE WHITE
An Art
To amend the District of Columbia Self-Government and Governmental Reorganiza-
tion Act to extend the authority of the Mayor to accept certain interim loans from
the United States and to extend the authority of the Secretary of the Treasury to
make such loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 723(a)
of the District of Columbia Self-Government and Governmental
Reorganization Act (D.C. Code, sec. 47-421 note) is amended by
striking out "October 1, 1982, or the date of enactment of the
appropriation Act for the fiscal year ending September 30, 1983, for
the government of the District of Columbia, whichever is later" in
the first sentence and inserting in lieu thereof "October 1, 1983, or
the date of enactment of the appropriation Act for the fiscal year
ending September 30, 1984, for the government of the District of
Columbia, whichever is later".
Speaker of the House of Representatives.
strom Thurmond
Vice President of the United States and
President of the Senate. protempore
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSY
SUBJECT:
Enrolled Bill H.R. 5308 -- Increase
in Authorization for Federal Payment
to the District of Columbia
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business Monday,
June 4. This bill would increase the authorized Federal
payment to the District to $425 million for 1985 and each
succeeding year, up from $386 million. This increase is
consistent with the Administration's 1985 budget request.
The bill passed both Houses by voice vote; OMB and the
District both recommend approval. I have reviewed the
memorandum for the President prepared by OMB Assistant
Director for Legislative Reference James M. Frey, and the
bill itself, and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by^FFF
RAH for
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 5308 -- Increase
in Authorization for Federal Payment
to the District of Columbia
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF:JGR:aea 5/31/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 5308 -- Increase
in Authorization for Federal Payment
to the District of Columbia
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF: JGR:aea 5/31/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 204718 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
JGR
H * INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enralled Bill H.R 5308 - Increase in
Authorization for Federal Payment to
the District of Columbia
ROUTE TO:
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DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
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YY/MM/DD
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Celttore
ORIGINATOR 84,05,30
/
/
Referral Note:
CUAT 18
D 84,05,30
384,06,04
Referral Note:
/
/
/
/
-
Referral Note:
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/
/
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/
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/
-
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ACTION CODES:
DISPOSITION CODES:
A * Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C * Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referrat
S La Suspended
D Draft Response
S For Signature
F * Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE: 1
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No.
204718SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 5/29/84
ACTION/CONCURRENCE/COMMENT DUE BY: 6/4/84
SUBJECT:
ENROLLED BILL H.R. 5308 - INCREASE IN AUTHORIZATION FOR FEDERAL
PAYMENT TO THE DISTRICT OF COLUMBIA
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
P
SS
SVAHN
>
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
REMARKS:
May we have your comments on the attached bill by close of business
Monday, June 4. Thank you.
RESPONSE:
1984 MAY 29 PM 7: 24
Richard G. Darman
Assistant to the President
Ext. 2702
Receiv IDS
EXECUTIVE OFFICE OF THE PRESIDENT
United OFFICE
OFFICE OF MANAGEMENT AND BUDGET
1984 MAY 29 PM 4: 52
WASHINGTON, D.C. 20503
MAY 29 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 5308 - Increase in Authorization
for Federal Payment to the District of Columbia
Sponsor - Delegate Fauntroy (D) District of
Columbia and 2 others
Last Day for Action
Purpose
Increases the amount authorized to be appropriated for the annual
federal payment to the District of Columbia.
Agency Recommendations
Office of Management and Budget
Approval
District of Columbia Government
Approval(Imformall
Discussion
Under the District of Columbia Home Rule Act of 1973, appropri-
ations are authorized for a federal payment to the District of
Columbia. The annual federal payment to the District provides
the District with compensation for the unique costs and revenue
losses that the District incurs in its role as the Nation's
capital (e.g., foregone tax revenues caused by the federal
presence in the city). Under existing law, $386 million is
authorized to be appropriated annually for the federal payment to
the District.
As requested in the 1985 budget, the enrolled bill authorizes
appropriations of $425 million for the federal payment for 1985,
as well as for succeeding years. This increase, from $386
million to $425 million, in the federal payment is necessary to
enable the District to keep pace with steadily growing revenue
losses and other costs related to the federal presence.
H.R. 5308 passed both Houses by voice vote.
Assistant Legislative James Director m. Reference Trey for
Enclosures
R. 5308
Ainety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
RECEIVED
MAY 3 1 1984
THE HOUSE WHITE
An Art
To amend the District of Columbia Self-Government and Governmental Reorganiza-
tion Act to increase the amount authorized to be appropriated as the annual
Federal payment to the District of Columbia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 502 of
the District of Columbia Self-Government and Governmental Reor-
ganization Act (D.C. Code, sec. 47-3406) is amended by striking out
"and for the fiscal year ending September 30, 1984, and for each
fiscal year ending after September 30, 1984, the sum of
$386,000,000" in the first sentence and inserting in lieu thereof "for
the fiscal year ending September 30, 1984, the sum of $386,000,000;
and for the fiscal year ending September 30, 1985, and for each fiscal
year ending after September 30, 1985, the sum of $425,000,000".
Thomas Speaker of the House of Representatives.
strom Thurmond
Vice President of the United States and
President of the Senate. pro Tempore
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 822
SUBJECT:
Senator Orrin Hatch/Proposed Legislation
Regarding Moving Expenses
At the request of Senator Hatch, Nancy Kennedy is seeking
informal Administration views on legislation to reimburse
Cabinet officers and White House senior staff for moving
expenses to Washington. Senator Hatch is considering
introducing such legislation, in the form of an amendment to
Chapter 57 of Title 5, United States Code.
It appears that Hatch and his staff may be unaware of
Section 118 of Public Law 98-151, signed by the President on
November 14, 1983. That bill amended 5 U.S.C. § 5723 to
permit reimbursement of certain moving expenses for "any
person appointed by the President, by and with the advice
and consent of the Senate, to a position the rate of pay for
which is equal to or higher than the minimum rate of pay
prescribed for GS-16." Thus, Cabinet officers are already
covered by the Government moving expenses provision.
It would not seem wise to support extending coverage to
White House senior staff, at least at this time. Quite
apart from perception problems, Congress, as noted, amended
this statute a scant six months ago and is not likely to be
receptive to more changes so soon. Further, it appears that
Hatch is motivated in part by the difficulties experienced
by Mr. Meese in moving to Washington, and the proposed
legislation will only serve to highlight those difficulties.
The attached memorandum for Kennedy alerts her to the
existence of Public Law 98-151, and recommends against
encouraging Hatch to proceed with his bill.
Attachment
THE WHITE HOUSE
WASHINGTON
June 12, 1984
MEMORANDUM FOR NANCY KENNEDY
SPECIAL ASSISTANT TO THE PRESIDENT
FOR LEGISLATIVE AFFAIRS
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Senator Orrin Hatch/Proposed Legislation
Regarding Moving Expenses
You have asked for our views on a proposal from Senator
Hatch to introduce legislation authorizing limited reim-
bursement of moving expenses to Washington for Cabinet level
officials and White House senior staff. The question of
moving expenses for individuals appointed by the President
with the advice and consent of the Senate was recently
addressed by Congress. Public Law 98-151, signed by the
President on November 14, 1983, amended 5 U.S.C. § 5723 to
permit reimbursement of certain moving expenses for such
individuals. This new provision, of course, covers Cabinet
level officers.
The only aspect of Senator Hatch's proposal not already
addressed by Congress, therefore, concerns reimbursement of
moving expenses for White House senior staff. I do not
think it advisable to consider legislation on this subject
at this time. Not only would the possible merits of such
legislation be lost in an election year, but Congress is not
likely to be receptive to further amendments to 5 U.S.C.
$ 5723 so soon after passage of Public Law 98-151.
FFF:JGR:aea 6/12/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
June 12, 1984
MEMORANDUM FOR NANCY KENNEDY
SPECIAL ASSISTANT TO THE PRESIDENT
FOR LEGISLATIVE AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Senator Orrin Hatch/Proposed Legislation
Regarding Moving Expenses
You have asked for our views on a proposal from Senator
Hatch to introduce legislation authorizing limited reim-
bursement of moving expenses to Washington for Cabinet level
officials and White House senior staff. The question of
moving expenses for individuals appointed by the President
with the advice and consent of the Senate was recently
addressed by Congress. Public Law 98-151, signed by the
President on November 14, 1983, amended 5 U.S.C. § 5723 to
permit reimbursement of certain moving expenses for such
individuals. This new provision, of course, covers Cabinet
level officers.
The only aspect of Senator Hatch's proposal not already
addressed by Congress, therefore, concerns reimbursement of
moving expenses for White House senior staff. I do not
think it advisable to consider legislation on this subject
at this time. Not only would the possible merits of such
legislation be lost in an election year, but Congress is not
likely to be receptive to further amendments to 5 U.S.C.
§ 5723 so soon after passage of Public Law 98-151.
FFF:JGR:aea 6/12/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
May 31, 1984
MEMORANDUM FOR NANCY KENNEDY
SPECIAL ASSISTANT TO THE PRESIDENT
FOR LEGISLATIVE AFFAIRS
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Senator Orrin Hatch/Proposed Legislation
Regarding Moving Expenses
You have asked for our views on a proposal from Senator
Hatch to introduce legislation authorizing limited reim-
bursement of moving expenses to Washington for Cabinet level
officials and White House senior staff. The question of
moving expenses for individuals appointed by the President
with the advice and consent of the Senate was recently
addressed by Congress. Public Law 98-151, signed by the
President on November 14, 1983, amended 5 U.S.C. § 5723 to
permit reimbursement of certain moving expenses for such
individuals. This new provision, of course, covers Cabinet
level officers.
The only aspect of Senator Hatch's proposal not already
addressed by Congress, therefore, concerns reimbursement of
moving expenses for White House senior staff. I do not
think it advisable to consider legislation on this subject
at this time. Not only would the possible merits of such
legislation be lost in an election year, but Congress is not
likely to be receptive to further amendments to 5 U.S.C.
$ 5723 so soon after passage of Public Law 98-151.
FFF: JGR:aea 5/31/84
CC: FFFielding/JGRoberts/Subj/Chror
228335
ID #
CU
JV
WHITE HOUSE
FI001-02
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
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/
/
Name of Correspondent:
nancy Kennedez
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Senator Orrin Hatch/ Proposed
Sigilation he moving expenses
ROUTE TO:
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Date
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Witolland
84,05,25
WS
ORIGINATOR
/
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WAT18
Referral Note:
D
8405123 ws
584,05,3
Referral Note:
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Referral Note:
/
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Referral Note:
/ /
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Referral Note:
ACTION CODES:
DISPOSITION CODES:
A * Appropriate Action
I - Info Copy Only/No Action Necessary
A . Answered
C Completed
C . Comment/Recommendation
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5/81
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 21, 1984
228335cc
TO:
JAMES A. BAKER
DAVE STOCKMAN
FRED FIELDING
JOHN SVAHN
THRU:
M.B. OGLESBY, JR
PAMELA J. TURNER
FROM:
NANCY KENNEDY
nk
SUBJECT:
Senator Orrin Hatch (R-Utah) /Proposed Legislation
Senator Hatch is thinking of offering an amendment to Title V
of the USC, Chapter 57, to reimburse Cabinet level and White
House senior staff moving expenses to Washington. His proposal
would reimburse the appointee for up to two-thirds but no more
than $5,000 in expenses. The proposed amendment would be
prospective. It would cover travel, relocation (hotel up to
seven days), and moving of household effects. Before proposing
such legislation, the Senator has asked informally for the
Administration's views on this legislation, i.e., do we feel
there would be any negative fallout? We would appreciate the
Administration's opinion as soon as possible.
I was contacted by Jim Stephens, one of Hatch's professional
staff members on the Labor Committee. Guidance please.