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JGR/Executive Orders, 1984 (1 of 4)
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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/Executive Orders, 1984
(1 of 4)
Box: 24
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
January 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DSR
SUBJECT:
Proposed Executive Order Entitled
"Delegation to the Secretary of State
Concerning Foreign Assistance"
Richard Darman has asked for comments by close of business
January 12 on the above-referenced proposed Executive Order.
The Executive Order would add to the list of Presidential
functions delegated to the Secretary of State in Executive
Order 12163 certain certification and reporting responsi-
bilities imposed on the President by the Continuing
Resolution. The proposed order was submitted by the State
Department and has been approved by OMB and, as to form and
legality, by the Office of Legal Counsel. I have reviewed
the proposed order and related materials, and have no
objection.
Attachment
THE WHITE HOUSE
WASHINGTON
January 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order Entitled
"Delegation to the Secretary of State
Concerning Foreign Assistance"
Counsel's Office has reviewed the above-referenced proposed
Executive Order, and finds no objection to it from a legal
perspective.
FFF:JGR:aea 1/10/84
CC: FFFielding/JGRoberts/Subj/chron
ID #. 168649 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Richard G. DARMAN
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Proposed Executive Order Entitled " Delegation
to the Secretary of State concerning
foreign assistance
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
ONHOLL
ORIGINATOR 84,01,10
111
Referral Note:
CNATI8
b 84/01/10
$ 84,01,12
Referral Note:
/ /
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
11
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
#
A Appropriate Action
1 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
168649SS
Document No.
4
WHITE HOUSE STAFFING MEMORANDUM
DATE: 1/9/84
ACTION/CONCURRENCE/COMMENT DUE BY: 1/12/84
PROPOSED EXECUTIVE ORDER ENTITLED "DELEGATION TO THE SECRETARY
SUBJECT:
OF STATE CONCERNING FOREIGN ASSISTANCE"
ACTION FYI
ACTION FYI
VICE PRESIDENT
JENKINS
MEESE
McFARLANE
BAKER
9
McMANUS
DEAVER
MURPHY
STOCKMAN
OGLESBY
DARMAN
P
85
ROGERS
FELDSTEIN
SPEAKES
FIELDING
SVAHN
FULLER
VERSTANDIG
GERGEN
WHITTLESEY
HERRINGTON
HICKEY
REMARKS:
May we have your comments on the attached proposed Executive Order by
close of business January 12. Thank you.
RESPONSE:
1984 JAN 10 AM 7: 33
Richard G. Darman
Assistant to the President
Ext. 2702
Received SS
OFFICE WTR & PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
1984 JAN -9 PM 5: 26
WASHINGTON, D.C. 20503
December 29, 1983
MEMORANDUM FOR:
THE PRESIDENT
FROM:
DAVID A. STOCKMAN RAS
SUBJECT:
PROPOSED EXECUTIVE ORDER ENTITLED
"DELEGATION TO THE SECRETARY OF STATE
CONCERNING FOREIGN ASSISTANCE"
SUMMARY. This memorandum forwards for your consideration a
proposed Executive order which would delegate to the Secre-
tary of State authority to make certain determinations and
submit certain reports concerning foreign assistance functions.
BACKGROUND. The proposed Executive order would delegate the
following functions related to foreign assistance programs
to the Secretary of State:
Authority to determine and certify to Congress
whether the Government of El Salvador has taken any action
to alter, suspend or terminate its land reform program
in a manner detrimental to the rights of the program's
beneficiaries;
Authority to provide assistance to foreign countries
in order to enhance the ability of their law enforcement
personnel to deter terrorist activity, as set forth in
Chapter 8 of part II of the Foreign Assistance Act of 1961,
as amended;
Submission of a report to Congress concerning the
degree to which each foreign country supported the foreign
policy of the United States during the preceding year; and
Authority to make determinations and report to
Congress concerning assistance to the Government of Mozam-
bique and the extent to which actions of the Government of
Haiti are consistent with certain statutory provisions.
2
These functions were vested in the President by the Continu-
ing Resolution (Public Law 98-151) and other statutes referred
to and continued in effect by that law.
None of the affected agencies objects to the provisions of
the proposed Executive order.
RECOMMENDATION. I recommend that you sign the proposed
Executive order.
Enclosure
U.S. Department of Justice
Receive ISS
Office of Legal Counsel
1984 JAN -9 PM 5: 26
Office of the
Washington, D.C. 20530
Assistant Attorney General
JAN 9 1984
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed Executive order
entitled "Delegation to the Secretary of State Concerning
Foreign Assistance."
This proposed order was submitted by the Department of
State. It has been forwarded for the consideration of this
Department as to form and legality by the Office of Management
and Budget with the approval of the Director. Changes requested
by this Office were made by the Office of Management and Budget
with the approval of the Department of State.
The proposed Executive order is approved as to form
and legality.
Respectfully,
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
U.S. Department of Justice
Office of Legal Counsel
Office of the
Washington, D.C. 20530
Assistant Attorney General
JAN 9 1984
MEMORANDUM
Re: Proposed Executive order entitled
"Delegation to the Secretary of
State Concerning Foreign Assistance"
The attached proposed Executive order was submitted by the
Department of State. It has been forwarded for the consideration
of this Department as to form and legality by the Office of
Management and Budget with the approval of the Director. Changes
requested by this Office were made by the Office of Management and
Budget with the approval of the Department of State.
The proposed Executive order would, by amending Executive
Order No. 12163, as amended, delegate to the Secretary of State
several functions vested in the President by § 101 (b) of the
Joint Resolution "Making further continuing appropriations for the
fiscal year 1984, Pub. L. No. 98-151. First, the Secretary of
State would be authorized to make various determinations and
certifications related to the policies of El Salvador, Haiti,
and Mozambique. Under the terms of the Continuing Resolution,
foreign assistance to these countries may not be continued
unless the President makes several findings with respect to
their policies. Second, the Secretary of State would be
authorized to submit reports on the degree to which foreign
governments support the foreign policy of the United States.
The Continuing Resolution provides that certain funds may not
be obligated to assist a country which the President finds is
"engaged in a consistent pattern of opposition to the foreign
policy of the United States." Finally, the Secretary of State
would be charged with overseeing the implementation of the
Anti-Terrorist Assistance Program, which is authorized by §§
571-574 of the Foreign Assistance Act of 1961, as amended
by the Continuing Resolution.
The proposed Executive order is acceptable as to form
and legality.
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
EXECUTIVE ORDER
DELEGATION TO THE SECRETARY OF STATE CONCERNING
FOREIGN ASSISTANCE
By the authority vested in me as President by the
Constitution and statutes of the United States of America,
including Section 621 of the Foreign Assistance Act of 1961,
as amended (22 U.S.C. 2381), and Section 301 of Title 3 of
the United States Code, and in order to delegate certain
functions concerning foreign assistance to the Secretary of
State, it is hereby ordered as follows:
Section 1. Section 1-201 (a) of Executive Order No.
12163, as amended, is further amended by inserting the
following new subparagraphs at the end thereof:
" (23) Section 512 of the Foreign Assistance and
Related Programs Appropriations Act, 1982;
" (24) Chapter 8 of Part II of the Act, except that
such functions shall be exercised consistent with Section
573 (d) (3) thereof;
" (25) The functions vested in the President by Section
101 (b) of the Joint Resolution "Making further continuing
appropriations for the fiscal year 1984" (Public Law 98-151),
insofar as they relate to unnumbered paragraphs concerning
El Salvador; Haiti; and reports and findings regarding the
support of other countries for the United States. "
Sec. 2. Section 1-301 of Executive Order No. 12163, as
amended, is further amended as follows:
(a) In subsection (a), by striking out " (except
chapters 4 and 6 thereof)" and inserting in lieu thereof
" (except chapters 4, 6 and 8 thereof)' ; and
2
(b) in subsection (c), by striking out "(except
chapters 4 and 6 thereof)" and inserting in lieu thereof
"(except chapters 4, 6 and 8 thereof)'
Sec. 3. Section 1-801 of Executive Order No. 12163, as
amended, is further amended as follows:
(a) In subsection (b), by striking out " (except
chapters 4 and 6 thereof)" and inserting in lieu thereof
"(except chapters 4, 6 and 8 thereof) "; and
(b) in subsection (c), by striking out "chapter 6" and
inserting in lieu thereof "chapters 6 and 8".
THE WHITE HOUSE,
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
January 14, 1984
EXECUTIVE ORDER
DELEGATION TO THE SECRETARY OF STATE CONCERNING
FOREIGN ASSISTANCE
By the authority vested in me as President by the
Constitution and statutes of the United States of America,
including Section 621 of the Foreign Assistance Act of 1961,
as amended (22 U.S.C. 2381), and Section 301 of Title 3 of the
United States Code, and in order to delegate certain functions
concerning foreign assistance to the Secretary of State, it is
hereby ordered as follows:
Section 1. Section 1-201 (a) of Executive Order
No. 12163, as amended, is further amended by inserting the
following new subparagraphs at the end thereof:
" (23) Section 512 of the Foreign Assistance and Related
Programs Appropriations Act, 1982;
" (24) Chapter 8 of Part II of the Act, except that such
functions shall be exercised consistent with Section 573 (d) (3)
thereof;
" (25) The functions vested in the President by
Section 101 (b) of the Joint Resolution "Making further
continuing appropriations for the fiscal year 1984" (Public
Law 98-151), insofar as they relate to unnumbered paragraphs
concerning El Salvador and Haiti.
Sec. 2. Section 1-301 of Executive Order No. 12163, as
amended, is further amended as follows:
(a) In subsection (a), by striking out " (except
chapters 4 and 6 thereof) and inserting in lieu thereof
" (except chapters 4, 6 and 8 thereof) and
(b) in subsection (c), by striking out "(except
chapters 4 and 6 thereof) " and inserting in lieu thereof
" (except chapters 4, 6 and 8 thereof)
Sec. 3. Section 1-801 of Executive Order No. 12163, as
amended, is further amended as follows:
(a) In subsection (b), by striking out " (except
chapters 4 and 6 thereof) " and inserting in lieu thereof
" (except chapters 4, 6 and 8 thereof) and
(b) in subsection (c), by striking out "chapter 6" and
inserting in lieu thereof "chapters 6 and 8".
RONALD REAGAN
THE WHITE HOUSE,
January 14, 1984.
#
#
#
#
#
THE WHITE HOUSE
WASHINGTON
February 16, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Proposed Executive Order Entitled
"Reimbursement of Federal Employee
Relocation Expenses"
Richard Darman has asked for our views by 4:00 p.m.
February 21 on the above-referenced proposed Executive
Order. This Executive Order amends Executive Order 11609
(July 22, 1971) to delegate to the Administrator of GSA the
President's authority to issue regulations concerning
reimbursement of taxes incurred by federal employees for
moving expenses provided by the Government, and the
President's authority to issue guidelines for agencies
entering into contracts for provision of relocation
services. Public Law 98-151 recently authorized the
President to issue these regulations and guidelines.
The Executive Order was proposed by GSA. It has been
approved by OMB and, as to form and legality, by the Office
of Legal Counsel. No affected agency objects. I have
reviewed the draft Executive Order and the accompanying
materials and have no objection.
Attachment
THE WHITE HOUSE
WASHINGTON
February 16, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order Entitled
"Reimbursement of Federal Employee
Relocation Expenses"
Counsel's Office has reviewed the above-referenced
Executive Order, and finds no objection to it from a
legal perspective.
FFF:JGR:aea 2/16/84
CC: FFFielding/JGRoberts/Subj/Chron
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o - 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: Proposed Executive order entitled
"Reimbursement of Federal Empayee
elocation Expenses "
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOCL
ORIGINATOR 84,0215
/
/
Referral Note:
CUATI8
DV 84 /02/15
5 84,02,21
Referral Note:
4:00p.m.
/
/
/
/
I
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. 187194SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
2/15/84
ACTION/CONCURRENCE/COMMENT DUE BY: 4:00p.m. TUESDAY, 2/21/84
SUBJECT: PROPOSED EXECUTIVE ORDER ENTITLED "REIMBURSEMENT OF FEDERAL
EMPLOYEE RELOCATION EXPENSES"
ACTION FYI
ACTION FYI
VICE PRESIDENT
McFARLANE
MEESE
McMANUS
BAKER
MURPHY
DEAVER
OGLESBY
STOCKMAN
ROGERS
DARMAN
P
SPEAKES
FELDSTEIN
SVAHN
FIELDING
VERSTANDIG
FULLER
WHITTLESEY
HERRINGTON
HICKEY
JENKINS
REMARKS:
Please provide comments/recommendations by 4:00 p.m.
TUESDAY, FEBRUARY 21.
Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 FEB 15 PM 1: 48
Ext. 2702
Received'S
OFFICE WTR PRESIDENT STATES at UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF management AND BUDGET
198h FEB 15 PM 12: 37
WASHINGTON, D.C. 20503
January 26, 1984
MEMORANDUM FOR:
THE PRESIDENT
FROM:
DAVID A. STOCKMAN DAS
SUBJECT:
PROPOSED EXECUTIVE ORDER ENTITLED
"REIMBURSEMENT OF FEDERAL EMPLOYEE
RELOCATION EXPENSES"
SUMMARY. This memorandum forwards for your consideration
a proposed Executive order which would delegate to the
Administrator of General Services additional authority to
promulgate regulations concerning expense of relocation of
federal employees.
BACKGROUND. Public Law 98-151 required the President to
issue regulations concerning reimbursement of Federal
employees for income taxes for which they become liable as
the result of services or payments provided them for moving
expenses. That law also authorized Federal agencies to
contract for relocation services for their employees and
authorized the President to issue regulations guiding them
in exercising that authority.
The proposed Executive order would delegate to GSA respon-
sibility for issuing implementing regulations for both new
statutory provisions. Executive Order No. 11609 of July 22,
1971, previously had delegated to GSA authority to issue
regulations concerning reimbursement of Federal employees
for relocation expenses.
None of the affected agencies objects to the proposed
Executive order.
RECOMMENDATION. I recommend that you sign the proposed
Executive order.
Enclosure
B STATE
U.S. Department of Received Justice
SS
Office of Legal
19884 15 PM 12: 37
Office of the
Washington, D.C. 20530
Assistant Attorney General
FEB I 4 1984
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed Executive order
entitled "Reimbursement of Federal Employee Relocation Expenses. "
This proposed order was submitted by the General Services
Administration and has been forwarded for the consideration
of this Department as to form and legality by the Office of
Management and Budget with the approval of the Director.
The proposed Executive order is approved as to form and
legality.
Respectfully,
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
U.S. Department of Justice
Office of Legal Counsel
Office of the
Washington, D.C. 20530
Assistant Attorney General
FEB I 4 1984
MEMORANDUM
Re: Proposed Executive order entitled "Reimbursement of
Federal Employee Relocation Expenses"
The attached proposed Executive order was submitted by
the General Services Administration (GSA). It has been
forwarded for the consideration of this Department as to form
and legality by the Office of Management and Budget with the
approval of the Director. Changes suggested by this Office
were made by the Office of Management and Budget.
The proposed order will delegate to the head of GSA the
President's authority to issue regulations governing
reimbursement of certain taxes incurred by federal employees
while moving, thereby implementing part of $'118(a)(7)(A)(i),
Pub. L. No. 98-151, 97 Stat. 964 (1983) i to be codified at
5 U.S.C. § 5724b. The order will also delegate the President's
authority to prescribe guidance for agencies entering into
contracts for relocation services. Id., to be codified at
5 U.S.C. § 5724c.
The proposed Executive order is acceptable as to form
and legality.
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
EXECUTIVE ORDER
REIMBURSEMENT OF FEDERAL EMPLOYEE RELOCATION EXPENSES
By virtue of the authority vested in me as President by
the laws of the United States of America, including Public
Law 98-151 and Section 301 of Title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. Executive Order No. 11609 of July 22, 1971,
as amended, is further amended by designating the present
text of subsection (7) as subsection 7 (a), and by adding the
following new subsections 7 (b) and 7 (c) :
" (b) In consultation with the Secretary of the Treasury,
the authority of the President under 5 U.S.C 5724b to pre-
scribe the regulations provided for therein relating to
reimbursement of Federal, State, and city income taxes for
travel, transportation, and relocation expenses of employees,
transferred at Government expense, furnished in kind or for
which reimbursement or an allowance is provided.
" (c) The authority of the President to prescribe guid-
ance pursuant to which each agency shall carry out its
responsibilities under 5 U.S.C. 5724c."
Sec. 2. This order shall be effective as of November 14,
1983.
THE WHITE HOUSE,
FACT SHEET
The President today signed an Executive Order delegating to
the Administrator of General Services additional authority
to promulgate regulations concerning expenses of relocation
of Federal employees.
The Continuing Resolution (Public Law 98-151) granted the
President additional authority concerning reimbursement of
Federal employees for income taxes for which they become
liable as the result of services or payments provided them
for moving expenses. That law also authorized Federal
agencies to contract for relocation expenses for their
employees and authorized the President to issue regulations
guiding them in exercising that authority.
The Executive Order delegates to GSA responsibility for
issuing implementing regulations under both new statutory
provisions.
THE WHITE HOUSE
WASHINGTON
April 30, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSQ'A
SUBJECT:
Proposed Executive Order Entitled
"Transfer of Authority to the Secretary
of State to Make Reimbursements for
Protection of Foreign Missions to
International Organizations"
On April 19 I submitted a memorandum to you on the above-
referenced proposed Executive Order, noting no legal objection.
OMB advised at the time that none of the affected agencies
objected to the proposed order. On Friday, however, Harold
Burman of the Legal Adviser's office at State called to
explain that State now objected. Burman attempted to
portray State's suggested revisions as technical in nature,
but in fact they are substantive changes that would transfer
positions and additional funds from Treasury to State in
connection with the transfer of reimbursement authority.
Treasury could well object to the proposed changes, and the
Office of Legal Counsel might as well. (It is unclear
whether the President could, by executive order, transfer
the appropriated funds and positions, as well as the reim-
bursement authority, that State desires.) Accordingly, I
advised Burman that the proposed revision would need to go
through the entire clearance process, to which he agreed.
It is my understanding that you have not yet signed the "no
objection" memorandum I prepared on April 19. I have
attached a draft that may be sent in its stead, simply
noting that State will be submitting a new package for
clearance. There is, incidentally, no time pressure with
this particular proposed executive order.
Attachment
THE WHITE HOUSE
WASHINGTON
April 30, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order Entitled
"Transfer of Authority to the Secretary
of State to Make Reimbursements for
Protection of Foreign Missions to
International Organizations"
You have asked for our comments on the above-referenced
proposed executive order. We have been advised by the Legal
Adviser's office at the Department of State that State now
objects to the proposed order, as drafted, and would like to
suggest fairly significant revisions. The proposed order
accordingly should not be issued at this time. State will
submit its suggested revisions through the normal clearance
process.
FFF:JGR:aea 4/30/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
April 19, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
8262
SUBJECT:
Proposed Executive Order Entitled
"Transfer of Authority to the Secretary
of State to Make Reimbursements for
Protection of Foreign Missions to
International Organizations"
Richard Darman has asked for our views by close of business
April 25 on the above-referenced proposed Executive Order.
The Executive Order simply transfers from the Secretary of
the Treasury to the Secretary of State the authority to
reimburse State and local governments for services, per-
sonnel, equipment, and facilities used to provide protection
for foreign missions to the United Nations and foreign
dignitaries visiting the United Nations. The pertinent
statute, 3 U.S.C. § 208 (a), authorizes the Secretary of the
Treasury to make such reimbursements, but also specifically
provides that "The authority of this subsection may be
transferred by the President to the Secretary of State."
The proposed order was submitted by Treasury. It has been
approved by OMB and, as to form and legality, by the Office
of Legal Counsel. None of the affected agencies object. I
have reviewed the proposed order and accompanying materials,
and have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
April 19, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Executive Order Entitled
"Transfer of Authority to the Secretary
of State to Make Reimbursements for
Protection of Foreign Missions to
International Organizations"
Counsel's Office has reviewed the above-referenced proposed
Executive Order, and finds no objection to it from a legal
perspective.
FFF:JGR:aea 4/19/84
CC: FFFielding/JGRoberts/Subj/Chron
ID #. 204402 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: Proposed evecutive order entitled "Transfer
of Authority to the secretary of State to make
reimbarsements for protection of Foreign
missions to International organizations
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
CULTURE
ORIGINATOR 84,04,18
/
/
Referral Note:
CUAT 18
D 84 104118
584,04,25
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
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5/81
Document No.
204402SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 4/18/84
ACTION/CONCURRENCE/COMMENT DUE BY: 4/25/84
PROPOSED EXECUTIVE ORDER ENTITLED "TRANSFER OF AUTHORITY TO THE
SUBJECT:
SECRETARY OF STATE TO MAKE REIMBURSEMENTS FOR PROTECTION OF FOREIGN
MISSIONS TO INTERNATIONAL ORGANIZATIONS
ACTION FYI
ACTION FYI
VICE PRESIDENT
McFARLANE
MEESE
McMANUS
BAKER
MURPHY
DEAVER
OGLESBY
STOCKMAN
ROGERS
DARMAN
P
85
SPEAKES
FELDSTEIN
SVAHN
FIELDING
A
VERSTANDIG
FULLER
WHITTLESEY
HERRINGTON
HICKEY
JENKINS
REMARKS:
May we have your comments by close of business Wednesday, April 25.
Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 APR 18 Pil 1: 30
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
CENNER
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
March 19, 1984
MEMORANDUM FOR:
THE PRESIDENT
FROM:
DAVID A. STOCKMAN OAS
SUBJECT:
PROPOSED EXECUTIVE ORDER ENTITLED "TRANSFER
OF AUTHORITY TO THE SECRETARY OF STATE TO
MAKE REIMBURSEMENTS FOR PROTECTION OF FOREIGN
MISSIONS TO INTERNATIONAL ORGANIZATIONS"
SUMMARY. This memorandum forwards for your consideration a
proposed Executive order submitted by the Treasury Department
which would transfer from the Secretary of the Treasury to the
Secretary of State the authority to reimburse New York City for
protecting foreign missions to the United Nations.
BACKGROUND. Since December 31, 1975, the Secretary of the
Treasury through the Secret Service has exercised responsibility
for reimbursing New York City for its expenditures in providing
protection for foreign missions to the United Nations and for
important foreign visitors to the United Nations. In some
instances, this reimbursement has been detrimental to the Secret
Service's relations with other local law enforcement authorities
who do not receive federal reimbursement. The proposed Executive
order relieves the Secret Service of this burden and formally
transfers this reimbursement responsibility to the Department of
State where it more properly belongs. The President's authority
to transfer this function is specifically provided for in Section
208 of Title 3, of the United States Code.
Ultimately, the security for foreign diplomatic and consular
facilities and personnel in the United States falls to the State
Department, with the assistance of local police forces to provide
the necessary assistance wherever possible. At present, Treasury
and the Secret Service serve as unnecessary middlemen in the New
York City reimbursement issue which should be handled entirely by
the State Department.
2
The question of agency responsibility for making the regional
reimbursements to New York City was decided by Presidential
Counsellor Edwin Meese at a March 29, 1983, meeting called to
resolve the matter. At that time, Mr. Meese, on behalf of the
President, directed that the reimbursement program be transferred
to the State Department effective October 1, 1984. This
Executive order implements that decision.
None of the agencies has objected to the proposed order.
RECOMMENDATION. I recommend that you sign the proposed Executive
order.
Enclosure
OF
U.S. Department of Justice
Office of Legal Counsel
SEAL
Office of the
Washington, D.C. 20530
Assistant Attorney General
APR 17 1984
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed Executive order
entitled "Transfer of Authority to the Secretary of State to
Make Reimbursements for Protection of Foreign Missions to
International Organizations."
This proposed order was submitted by the Department of
the Treasury and has been forwarded for the consideration of
this Department as to form and legality by the Office of
Management and Budget with the approval of the Director.
The proposed Executive order is approved as to form and
legality.
Respectfully,
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
OF
U.S. Department of Justice
Office of Legal Counsel
Office of the
Washington, D.C. 20530
Assistant Attorney General
APR
17
1984.
MEMORANDUM
Re: Proposed Executive order entitled "Transfer
of Authority to the Secretary of State to Make
Reimbursements for Protection of Foreign Missions to
International Organizations"
The attached proposed Executive order was submitted by
the Department of the Treasury and has been forwarded for the
consideration of this Department as to form and legality by
the Office of Management and Budget with the approval of the
Director.
The proposed order will transfer from the Department of
the Treasury to the Department of State the authority to make
reimbursements to local governments, particularly New York
City, for the protection of foreign missions. 3 U.S.C. § 208.
This transfer of authority is expressly authorized by the
statute, id. $ 208 (a), and is being done at the request of
the Department of the Treasury.
The proposed Executive order is acceptable as to form
and legality.
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
EXECUTIVE ORDER
TRANSFER OF AUTHORITY TO THE SECRETARY
OF STATE TO MAKE REIMBURSEMENTS FOR
PROTECTION OF FOREIGN MISSIONS TO INTERNATIONAL
ORGANIZATIONS
By authority vested in me as President by the Constitution
and statutes of the United States of America, and in accordance
with the provisions of the Act of December 31, 1975, Public Law
94-196 (89 Stat. 1109), codified as sections 202(7) and 208 (a) of
Title 3, United States Code, as amended, it is hereby ordered as
follows:
Section 1. There is transferred to the Secretary of State
the authority to make reimbursements to State and local
governments for services, personnel, equipment, and facilities
which have been used with their consent in carrying out
extraordinary protective activities pursuant to section 208 (a) of
Title 3, United States Code.
Sec. 2. There are transferred to the Secretary of State
such unexpended moneys as may have been appropriated to the
Department of the Treasury for the exclusive purpose of
permitting reimbursements to be made under the provisions of
section 208 (a) of Title 3, United States Code.
Sec. 3. This order shall be effective on October 1, 1984.
THE WHITE HOUSE,
THE WHITE HOUSE
WASHINGTON
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