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JGR/Executive Orders, 1984 (2 of 4)
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JGR/Executive Orders, 1984 (2 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 (2 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/ ID #. 197994 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: : Revised Management reform in the Federal government 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 84,0507 / / Referral Note: CUAT 18 D 84,0507 5 84 P5 ,09 Referral Note: C.O.B. / / / / - Referral Note: / / / / - Referral Note: / / / / I Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I . Into 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. 197994SS WHITE HOUSE STAFFING MEMORANDUM DATE: 5/7/84 ACTION/CONCURRENCE/COMMENT DUE BY: 5/9/84 SUBJECT: PROPOSED EXECUTIVE ORDER ENTITLED: MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT -- REVISED 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: Note: This was previously staffed on April 9. May we have any additional edits/comments by close of business May 9. Thank you. RESPONSE: Richard G. Darman 1984 MAY -7 PM 5: 53 Assistant to the President Ext. 2702 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 May 2, 1984 MEMORANDUM FOR: THE PRESIDENT FROM: DAVID A. STOCKMAN PAS SUBJECT: PROPOSED EXECUTIVE ORDER ENTITLED "MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT" SUMMARY. This memorandum forwards for your consideration a proposed Executive order which would implement the decision of the President, at the February 23, 1984, meeting of the Cabinet Council on Management and Administration, to establish an interagency committee to develop and coordinate implementation of policies concerning management reforms in the Federal government. BACKGROUND. The proposed order would establish the President's Council on Management Improvement, an interagency group to be composed entirely of Federal employees. The Council initially would be composed of 24 officials, at the Assistant Secretary level or above, concerned with management and administration of the Federal government. The Council will develop and oversee the implementation of improved management and administrative systems in the Federal government. Its structure is modeled closely on that of the President's Council on Integrity and Efficiency, established by Executive Order No. 12301. The Council will report to the President through its Chairman; the goals and the results of the Council on management projects will be reported to the President through the Cabinet Council on Management and Administration. The Deputy Director of the Office of Management and Budget will be designated to serve as Chairman of the Council, and the Office of Management and Budget will provide any necessary administrative support to the Council. The proposed order has been revised to reflect technical comments received from the affected agencies. As revised, none of the agencies objects to the proposed order. RECOMMENDATION. I recommend that you sign the proposed Executive order. Enclosure U.S. Department of Justice Office of Legal Counsel THE Office of the Washington. D.C. 20530 Assistant Attorney General MAY 4 1984 The President, The White House. My dear Mr. President: I am herewith transmitting a proposed Executive order entitled "Management Reform in the Federal Government. " This proposed order was prepared by the General Counsel's Office of the Office of Management and Budget. It was 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 Coursel Office of the Washington, D.C. 20530 Assistant Attorney General MAY 4 98.1 MEMORANDUM Re: Proposed Executive order entitled "Management Reform in the Federal Government" The attached proposed Executive order was prepared by the General Counsel's Office of the Office of Management and Budget. It was 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. An earlier draft of the proposed order was previously approved by this Office but, after substantive changes were subsequently made in the White House Office, the attached order, incorporating these revisions, was submitted for our review. The proposed Executive order would establish an inter- agency committee, to be named the "President's Council on Management Improvement" (the Council), which would be composed initially of twenty-four government officials, twenty-two of whom are currently serving as management officers in various agencies, one who is a designee of the Assistart to the President for Policy Development, and one who is a designee of the Assistant to the President for Presidential Personnel. Among other things, the Council would "develop and oversee the implementation of improved management and administrative systems for government-wide application" and "identify specific department and agency management reforms applicable to other agencies." In undertaking these functions, the Council would not "interfere with existing lines of authority and responsibility in the departments and agencies." The Deputy Director of the Office of Management and Budget would serve as the Council's chairman and, on behalf of the Council, report to the President through the Cabinet Council on Management and Administration regarding "the goals and results of the Council on management projects." The Chairman would also be authorized to appoint other Federal officals as at-large members of the Council for one year terms. Based on conversations we have had with the Office of Management and Budget and our independent interpretation of the language of the order, we understand that the Council would not be given legal'authority to order changes in the administration of the various agencies, but only to recommend such changes. Thus, the proposed Council would not be subject to the so-called Russell Amendment, 31 U.S.C. § 1347, which limits the existence of certain new government "agencies" to one year, unless they have specific appropriations. See 31 U.S.C. § 1346. In addition, we note that, as a government committee composed wholly of full-time government employees, the Council is not subject to the requirements of the Federal Advisory Committee Act, 5 U.S.C. App. §§ 1-10. The proposed Executive order is approved as to form and legality. Theodore B. Olson Assistant Attorney General Office of Legal Counsel -2- STATE / DECUTIVE OFFICE FRENDING EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 Honorable William French Smith Attorney General Washington, D.C. 20530 Dear Mr. Attorney General: Enclosed, in accordance with the provisions of Executive Order No. 11030, as amended, is a proposed Executive order entitled "Management Reform in the Federal Government." BY The proposed order was prepared in this Office and has been revised in several respects to reflect comments from the affected agencies. The proposed order would establish the President's Council on Management Improvement, an interagency group to be composed entirely of Federal officials. The Council initially would be composed of 24 federal officials, at the Assistant Secretary level or above, concerned with management and administration of the Federal government. The Council will develop and oversee the implementation of improved management and administrative systems in the Federal government. Its structure is modeled closely on that of the President's Council on Integrity and Efficiency, established by Executive Order No. 12301. The Council will report to the President through its Chairman; the goals and results of the Council on management projects will be reported through the Cabinet Council on Management and Administration. The Deputy Director of the Office of Management and Budget will be designated to serve as Chairman of the Council, and the Office of Management and Budget will provide any necessary administrative support to the Council. Your staff may direct any questions concerning this proposed Executive order to Mr. John F. Cooney (395-5600) of this Office. The proposed Executive order has the approval of the Director of the Office of Management and Budget. Sincerely, Michael J. Horowitz Counsel to the Director Enclosure EXECUTIVE ORDER MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to coordinate and implement policies with respect to management reform in the Federal government, it is hereby ordered as follows: Section 1. Establishment of the President's Council on Management Improvement. (a) There is established as an interagency committee the President's Council on Management Improvement. (b) The Council shall be composed of the following members: (1) The Deputy Director of the Office of Management and Budget, who shall be Chairman of the Council; (2) The Assistant Secretary for Administration, Department of Agriculture; (3) The Assistant Secretary for Administration, Department of Commerce; (4) The Assistant Secretary (Comptroller), Department of Defense; (5) The Deputy Under Secretary for Management, Department of Education; (6) The Assistant Secretary for Management and Administration, Department of Energy; (7) The Assistant Secretary for Management and Budget, Department of Health and Human Services; (8) The Assistant Secretary for Administration, Department of Housing and Urban Development; (5, Assist : cretary for Policy, Budget and Administration, Department of the Interior; (10) The Assistant Attorney General for Administration, Department of Justice: 2 II) The Assistant Secretary for Administration and Management, Department of Labor; (12) The Assistant Secretary for Administration, Department of State; (13) The Assistant Secretary for Administration, Department of Transportation; (14) The Assistant Secretary for Administration, Department of the Treasury; (15) The Assistant to the Administrator for Management, Agency for International Development; (16) The Assistant Administrator for Administration and Resources Management, Environmental Protection Agency; (17) The Deputy Administrator, General Services Administration; (18) The Associate Administrator for Management, National Aeronautics and Space Administration; (19) The Associate Director for Management, Office of Management and Budget; (20) The Associate Director for Administration, Office of Personnel Management; (21) The Associate Deputy Administrator for Resource Management, Small Business Administration; (22) The Associate Deputy Administrator for Information and Resources Management, Veterans Administration; (23) The Assistant to the President for Policy Development, or a federal employee designated by that official, to advise on management and administration; and (24) The Assistant to the President for Presidential Personnel, or a federal employee designated by that official, to advise on human resource development. Sec. 2. Functions of the Council. The Council shall: (a) develop and oversee the implementation of improved management and administrative systems for government-wide application; 3 (b) formulate long range plans to promote improvements in 1 the management and administrative systems of the Federal government; (c) identify specific department and agency management reforms applicable to other agencies and assist in their implementation; (d) work to resolve interagency management problems; and (e) work with the Office of Management and Budget, the General Services Administration and the Office of Personnel Management to ensure timely implementation and coordination of their policies. In conducting these functions, the Council shall not interfere with existing lines of authority and responsibility in the departments and agencies. Sec. 3. Responsibilities of the Chairman. The Chairman shall: (a) establish, in consultation with the members of the Council, procedures for the Council and establish the agenda for Council activities; (b) on behalf of the Council, report to the President; the goals and the results of the Council on management projects shall be reported to the President through the Cabinet Council on Management and Administration; the Chairman shall advise the Council with respect to the reaction of the President and the Cabinet Council to its activities; (c) provide agency heads with summary reports of the activities of the Council; (d) establish such committees of the Council, including an executive committee, as may be deemed necessary or appropriate for the efficient conduct of Council functions; committees of the council may act for the Council in those areas that affect the membership of the committee; 4 (e) appoint Vice-Chairmen to one year terms to assist the Chairman in representing the Council and perform duties as determined by the Chairman; (f) appoint other Federal officials as at-large members to one year terms to provide special expertise to the Council and perform duties as determined by the Chairman; and (g) be supported by the Associate Director for Management of the Office of Management and Budget, who shall advise and assist the Chairman in the execution of the entire range of responsibilities set forth above and act for the Chairman in his absence. Sec. 4. Administrative Provisions. (a) The Director of the Office of Management and Budget shall provide the Council with such administrative support as may be necessary for the performance of its functions. (b) The head of each agency represented on the Council shall provide its representative with such administrative support as may be necessary, in accordance with law, to enable the agency representative to carry out his or her responsibilities. THE WHITE HOUSE, THE WHITE HOUSE WASHINGTON April 11, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTSDER SUBJECT: Proposed Executive Order Entitled "Management Reform in the Federal Government" Richard Darman has asked for comments by 5:00 p.m. today on the above-referenced proposed executive order. The proposed order, prepared by the OMB General Counsel's Office, would establish the President's Council on Management Improvement. The Council would be chaired by the Deputy Director of OMB and composed of 22 other government employees, typically assistant secretaries for management. It would develop and oversee the implementation of government-wide management reforms and ensure a coordinated approach to interagency management problems. Creation of the Council implements a decision by the President at the February 23, 1984 meeting of the Cabinet Council on Management and Administration to create an interagency management committee. The Office of Legal Counsel has approved the order as to form and legality. OLC has opined that the Council will not be subject to the Russell Amendment, 31 U.S.C. § 1347, which limits new agencies without specific appropriations to a one-year life span, because the Council will not have authority to order changes in the administration of depart- ments or agencies. OLC has also opined that the Council will not be subject to the Federal Advisory Committee Act, because it will be composed exclusively of full-time government employees. The supposition underlying the latter conclusion is not, strictly speaking, compelled by the executive order. Section 1 (b) (23) of the draft lists as a member of the Council "[a] designee of the Assistant to the President for Policy Development." There is nothing to indicate that this designee must be a federal employee. I recommend changing "designee of" to "federal employee designated by." This will ensure that OLC's assumption -- that all of the members of the Council will be government employees -- will in fact be accurate. I have no other objections. Attachment THE WHITE HOUSE WASHINGTON April 11, 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 "Management Reform in the Federal Government" Counsel's Office has reviewed the above-referenced proposed Executive Order. The accompanying memorandum from the Justice Department Office of Legal Counsel, approving the order as to form and legality, notes that since the Council will be composed exclusively of government employees it will not be subject to the Federal Advisory Committee Act. The executive order should be changed to ensure the accuracy of the assumption by the Office of Legal Counsel. Specifi- cally, at section 1 (b) (23), "designee of" should be changed to "federal employee designated by." FFF:JGR:aea 4/11/84 CC: FFFielding/JGRoberts/Subject/Chron. ID #. 197994 CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET o . OUTGOING H . INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) 11 Richard Daman Name of Correspondent: MI Mail Report User Codes: (A) (B) (C) Subject: Proposed exocutive order entitled "management Reform in the Federal Government ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOLL ORIGINATOR 84,04,00 / / Referral Note: CUAT 18 D 8404,10 584,04,11 Referral Note: 5:00pm / / / / - Referral Note: / / / / - Referral Note: / / / / - 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 Document No. 197994SS WHITE HOUSE STAFFING MEMORANDUM DATE: 4/9/84 ACTION/CONCURRENCE/COMMENT DUE BY: 5:00 p.m. 4/11/84 SUBJECT: PROPOSED EXECUTIVE ORDER ENTITLED "MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT" ACTION FYI ACTION FYI VICE PRESIDENT McFARLANE 1 MEESE McMANUS BAKER MURPHY DEAVER OGLESBY STOCKMAN ROGERS DARMAN P SS SPEAKES FELDSTEIN SVAHN FIELDING VERSTANDIG FULLER WHITTLESEY HERRINGTON HICKEY JENKINS REMARKS: Please provide any comments/recommendations on the attached proposed executive order by 5:00 p.m. WEDNESDAY, APRIL 11. Thank you. RESPONSE: Richard G. Darman Assistant to the President Ext. 2702 PROVIDE OFFICE WIS PRESIDENT STATE UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 84 MEMORANDUM FOR: THE PRESIDENT FROM: DAVID A. STOCKMAN OAS SUBJECT: PROPOSED EXECUTIVE ORDER ENTITLED "MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT" SUMMARY. This memorandum forwards for your consideration a proposed Executive order which would implement the decision of the President, at the February 23, 1984, meeting of the Cabinet Council on Management and Administration, to establish an interagency committee to develop and coordinate implementation of policies concerning management reforms in the Federal government. BACKGROUND. The proposed order would establish the President's Council on Management Improvement, an interagency group to be composed entirely of Federal officials. The Council initially would be composed of 23 designated agency officials, at the Assistant Secretary level or above, concerned with management and administration of the Federal government. The Council would develop and oversee the implementation of improved management and administrative systems in the Federal government. Its structure would be modeled closely on that of the President's Council on Integrity and Efficiency, established by Executive Order No. 12301. The Council would report to the President through its Chairman. The Deputy Director of the Office of Management and Budget would be designated to serve as Chairman of the Council, and the Office of Management and Budget would provide any necessary administrative support to the Council. The proposed order has been revised to reflect technical comments received from the affected agencies. As revised, none of the agencies objects to the proposed order. RECOMMENDATION. I recommend that you sign the proposed Executive order. Enclosure DEPARTMENT OF U.S. Department of Justice ReceivedSS Office of Legal Counsel 1984 APR -9 PM 5: 38 Office of the Washington, D.C. 20530 Assistant Attorney General APR 9 1984 The President, The White House. My dear Mr. President: I am herewith transmitting a proposed Executive order entitled "Management Reform in the Federal Government." This proposed order was prepared by the General Counsel's Office of the Office of Management and Budget. It was 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 Assistant Attorney General Office of Legal Counsel , STATE U.S. Department of Justice Office of Legal Counsel Office of the Washington, D.C. 20530 Assistant Attorney General APR 9 I984 MEMORANDUM Re: Proposed Executive order entitled "Management Reform in the Federal Government" The attached proposed Executive order was prepared by the General Counsel's Office of the Office of Management and Budget. It was 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 would establish an inter- agency committee, to be named the "President's Council on Management Improvement," which would be composed of 22 govern- ment officials who are currently serving as management officers in various agencies and a designee of the Assistant to the President for Policy Development. The Council would "develop and oversee the implementation of improved management and administrative systems for government-wide application" and "identify specific department and agency management reforms applicable to other agencies." In undertaking these functions, the Council would not "interfere with existing lines of authority and responsibility in the Departments and agencies." The Deputy Director of the Office of Management and Budget would serve as the Council's chairman and report to the President, on behalf of the Council, regarding the goals and activities of the Council. Based on conversations we have had with the Office of Management and Budget and our independent reading of the order, we understand that the Council would not be given legal authority to order changes in the administration of the various agencies, but only to recommend such changes. Thus, the proposed Council would not be subject to the so-called Russell Amendment, 31 U.S.C. § 1347, which limits the existence of certain new government "agencies" to one year, unless they have specific appropriations. See 31 U.S.C. $ 1346. In addition, we note that, as a government committee composed wholly of full-time government employees, the Council is not subject to the requirements of the Federal Advisory Committee Act, 5 U.S.C. App. §§ 1-10. The proposed Executive order is approved as to form and legality. Theodore B. Olson Assistant Attorney General Office of Legal Counsel -2- EXECUTIVE ORDER MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to coordinate and implement policies with respect to management reform in the Federal government, it is hereby ordered as follows: Section 1. Establishment of the President's Council on Management Improvement. (a) There is established as an interagency committee the President's Council on Management Improvement. (b) The Council shall be composed of the following members: (1) The Deputy Director of the Office of Management and Budget, who shall be Chairman of the Council; (2) The Assistant Secretary for Administration, Department of Agriculture; (3) The Assistant Secretary for Administration, Department of Commerce; (4) The Assistant Secretary (Comptroller), Department of Defense; (5) The Deputy Under Secretary for Management, Department of Education; (6) The Assistant Secretary for Management and Administration, Department of Energy; (7) The Assistant Secretary for Management and Budget, , Department of Health and Human Services; (8) The Assistant Secretary for Administration, Department of Housing and Urban Development; (9) The Assistant Secretary for Policy, Budget and Administration, Department of the Interior; 2 (10) The Assistant Attorney General for Administration, Department of Justice; (11) The Assistant Secretary for Administration and Management, Department of Labor; (12) The Assistant Secretary for Administration, Department of State; (13) The Assistant Secretary for Administration, Department of Transportation; (14) The Assistant Secretary for Administration, Department of the Treasury; (15) The Assistant to the Administrator for Management, Agency for International Development; (16) The Assistant Administrator for Administration and Resources Management, Environmental Protection Agency; (17) The Deputy Administrator, General Services Administration; (18) The Associate Administrator for Management, National Aeronautics and Space Administration; (19) The Associate Director for Management, Office of Management and Budget; (20) The Associate Director for Administration, Office of Personnel Management; (21) The Associate Deputy Administrator for Resource Management, Small Business Administration; (22) The Associate Deputy Administrator for Information and Resources Management, Veterans Administration; and (23) A designee of the Assistant to the President for Policy , Development. Sec. 2. Functions of the Council. The Council shall: (a) develop and oversee the implementation of improved management and administrative systems for government-wide application; 3 (b) formulate long range plans to promote improvements in the management and administrative systems of the Federal government; (c) identify specific department and agency management reforms applicable to other agencies and assist in their implementation; (d) work to resolve interagency management problems; and (e) work with the Office of Management and Budget, the General Services Administration and the Office of Personnel Management to ensure timely implementation and coordination of their policies. In conducting these functions, the Council shall not interfere with existing lines of authority and responsibility in the departments and agencies. Sec. 3. Responsibilities of the Chairman. The Chairman shall: (a) establish, in consultation with the members of the Council, procedures for the Council and establish the agenda for Council activities; (b) report to the President, on behalf of the Council, on the goals and the activities of the Council, and shall advise the Council with respect to the reaction of the President to its activities; (c) provide agency heads with summary reports of the activities of the Council; (d) establish such committees of the Council, including an executive committee, as may be deemed necessary or appropriate for the efficient conduct of Council functions; committees of the 1 Council may act for the Council in those areas that affect the membership of the committee; (e) appoint a Vice-Chairman to a one year term to assist the Chairman in representing the Council and perform duties 1; determined by the Chairman; 4 (f) appoint other Federal officials as at-large members to one year terms to provide special expertise to the Council and perform duties as determined by the Chairman; and (g) be supported by the Associate Director for Management of the Office of Management and Budget, who shall advise and assist the Chairman in the execution of the entire range of responsibilities set forth above and act for the Chairman in his absence. Sec. 4. Administrative Provisions. (a) The Director of the Office of Management and Budget shall provide the Council with such administrative support as may be necessary for the performance of its functions. (b) The head of each agency represented on the Council shall provide its representative with such administrative support as may be necessary, in accordance with law, to enable the agency representative to carry out his or her responsibilities. THE WHITE HOUSE, THE WHITE HOUSE Office of the Press Secretary For Immediate Release May 24, 1984 EXECUTIVE ORDER MANAGEMENT REFORM IN THE FEDERAL GOVERNMENT By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to coordinate and implement policies with respect to management reform in the Federal government, it is hereby ordered as follows: Section 1. Establishment of the President's Council on Management Improvement. (a) There is established as an interagency committee the President's Council on Management Improvement. (b) The Council shall be composed of the following members: (1) The Deputy Director of the Office of Management and Budget, who shall be Chairman of the Council; (2) The Assistant Secretary for Administration, Department of Agriculture; (3) The Assistant Secretary for Administration, Department of Commerce; (4) The Assistant Secretary (Comptroller), Department of Defense; (5) The Deputy Under Secretary for Management, Department of Education; (6) The Assistant Secretary for Management and Administration, Department of Energy; (7) The Assistant Secretary for Management and Budget, Department of Health and Human Services; (8) The Assistant Secretary for Administration, Department of Housing and Urban Development; (9) The Assistant Secretary for Policy, Budget and Administration, Department of the Interior; (10) The Assistant Attorney General for Administration, Department of Justice; (11) The Assistant Secretary for Administration and Management, Department of Labor; (12) The Assistant Secretary for Administration, Department of State; (13) The Assistant Secretary for Administration, Department of Transportation; more (OVER) 2 (14) The Assistant Secretary for Administration, Department of the Treasury; (15) The Assistant to the Administrator for Management, Agency for International Development; (16) The Assistant Administrator for Administration and Resources Management, Environmental Protection Agency; (17) The Deputy Administrator, General Services Administration; (18) The Associate Administrator for Management, National Aeronautics and Space Administration; (19) The Associate Director for Management, Office of Management and Budget; (20) The Associate Director for Administration, Office of Personnel Management; (21) The Associate Deputy Administrator for Resource Management, Small Business Administration; (22) The Associate Deputy Administrator for Information and Resources Management, Veterans' Administration; (23) The Assistant to the President for Policy Development, or a Federal employee designated by that official, to advise on management and administration; and (24) The Assistant to the President for Presidential Personnel, or a Federal employee designated by that official, to advise on human resource development. Sec. 2. Functions of the Council. The Council shall: (a) develop and oversee the implementation of improved management and administrative systems for government-wide application; (b) formulate long-range plans to promote improvements in the management and administrative systems of the Federal government; (c) identify specific department and agency management reforms applicable to other agencies and assist in their implementation; (d) work to resolve interagency management problems; and (e) work with the Office of Management and Budget, the General Services Administration and the Office of Personnel Management to ensure timely implementation and coordination of their policies. In conducting these functions, the Council shall not interfere with existing lines of authority and responsibility in the departments and agencies. Sec. 3. Responsibilities of the Chairman. The Chairman shall: (a) establish, in consultation with the members of the Council, procedures for the Council and establish the agenda for Council activities; more 3 (b) on behalf of the Council, report to the President; the goals and the results of the Council on management projects shall be reported to the President through the Cabinet Council on Management and Administration; the Chairman shall advise the Council with respect to the reaction of the President and the Cabinet Council to its activities; (c) provide agency heads with summary rt ports of the activities of the Council; (d) establish such committees of the Council, including an executive committee, as may be deemed necessary or appropriate for the efficient conduct of Council functions; committees of the Council may act for the Council in those areas that affect the membership of the committee; (e) appoint Vice-Chairmen to one-year terms to assist the Chairman in representing the Council and perform duties as determined by the Chairman; (f) appoint other Federal officials as at-large members to one-year terms to provide special expertise to the Council and perform duties as determined by the Chairman; and (g) be supported by the Associate Director for Management of the Office of Management and Budget, who shall advise and assist the Chairman in the execution of the entire range of responsibilities set forth above and act for the Chairman in his absence. Sec. 4. Administrative Provisions. (a) The Director of the Office of Management and Budget shall provide the Council with such administrative support as may be necessary for the performance of its functions. (b) The head of each agency represented on the Council shall provide its representative with such administrative support as may be necessary, in accordance with law, to enable the agency representative to carry out his or her responsibilities. RONALD REAGAN THE WHITE HOUSE, May 24, 1984. # # # # # THE WHITE HOUSE WASHINGTON May 8, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS for SUBJECT: Proposed Executive Order Entitled: Management Reform in the Federal Government (Revised) Richard Darman has asked for comments by close of business May 9 on a revised version of the proposed Executive Order entitled "Management Reform in the Federal Government." The proposed order was originally circulated on April 9, and on April 11 we recommended a technical change to ensure that the President's Council on Management Improvement, estab- lished by the order, would not be subject to the Freedom of Information Act. That change has been incorporated in this revised version of the order. There are two other substantive changes. The revised order adds the Assistant to the President for Presidential Personnel, or a federal employee designated by him, to the Council, "to advise on human resource development." I have no objection to this change. The revised order also changes the reporting procedures concerning the activities of the Council. The original proposed order specified that the Chairman of the Council -- the Deputy Director of OMB -- would report to the President on the activities of the Council. The revised order contains a similar provision, but also specifies that the Chairman shall report to the President through the Cabinet Council on Management and Administration with respect to management projects of the Council. I have no objection to this change. Attachment THE WHITE HOUSE WASHINGTON May 8, 1984 MEMORANDUM FOR RICHARD G. DARMAN ASSISTANT TO THE PRESIDENT FROM: FRED F. FIELDING@rig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Proposed Executive Order Entitled: Management Reform in the Federal Government (Revised) Counsel's Office has reviewed the above-referenced executive order, and finds no objection to it from a legal perspective. FFF:JGR:aea 5/8/84 cc: FFFielding/JGRoberts/Subj/Chron THE WHITE HOUSE WASHINGTON May 17, 1984 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS Job 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 May 21 on a revised version of the above-referenced proposed executive order. By memorandum dated April 30 you advised Darman that the State Department objected to the original version of this proposed order. We advised State that it should submit its suggested revisions through the normal clearance process. State has done so, and obtained approval from all affected agencies for this new draft. You will recall that this order transfers from the Secretary of the Treasury to the Secretary of State the authority to reimburse state and local governments for the expenses they incur in providing protection to foreign missions. (Under current law, only New York City is eligible for such reim- bursement.) Pursuant to 3 U.S.C. § 208 (a) the Secretary of the Treasury is authorized to provide such reimbursement, but the statute specifically provides that "[t]he authority of this subsection may be transferred by the President to the Secretary of State." The changes between this version and the version we pre- viously cleared are unobjectionable. This draft contains a more elaborate description of the transferred authorities, and notes that State's new authority may be exercised in coordination with the security program administered under the Foreign Mission Act of 1982. This last addition is legally gratuitous, but State officials want to trumpet their new coordinated approach to these problems, and there is no reason to object to them doing SO. The revised draft has been approved by OMB and, as to form and legality, by the Office of Legal Counsel. I have no objections. Attachment THE WHITE HOUSE WASHINGTON May 17, 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" Counsel's Office has reviewed the above-referenced proposed executive order, and finds no objection to it from a legal perspective. FFF:JGR:aea 5/17/84 CC: FFFielding/JGRoberts/Subj/Chron ID # 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 executive order entitled Transfer make Reimbursements for protection of of authority to the Secretary of State to freign 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 CUHOU ORIGINATOR 84/05/16 / / Referral Note: CUAT 18 D 84,05,16 S 84,05,18 Referral Note: C.O.B. / / / / - 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. 204593ss WHITE HOUSE STAFFING MEMORANDUM DATE: 5/16/84 ACTION/CONCURRENCE/COMMENT DUE BY: Monday, May 21st 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 SS SPEAKES FELDSTEIN SVAHN FIELDING VERSTANDIG FULLER WHITTLESEY HERRINGTON HICKEY JENKINS REMARKS: Please provide any comments/recommendations by Monday, May 21st. Thank you. RESPONSE: Richard G. Darman Assistant to the President 1984 MAY 16 PM 2: 21 Ext. 2702 Recei THE PRESIDENT STINES EXECUTIVE OFFICE OF THE PRESIDENT 1984 MAY 16 PM 12: 45 OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 May 14, 1984 MEMORANDUM FOR: THE PRESIDENT FROM: DAVID A. STOCKMAN DAS 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. The security of foreign diplomatic and consular facilities and personnel in the United States is primarily the responsibility of local law enforcement authorities under our federal system. When extraordinary protective needs arise, the State and Treasury Departments are authorized by law to assist local authorities. In cases of extraordinary need, foreign governments request the State Department to assure that appropriate protection is provided, as the United States has agreed under the Vienna Convention. 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. By transferring this reimbursement responsibility, this Executive order eliminates this complication and locates this authority with the Department of State. 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 directed that the reimbursement program be transferred to the State Department effective October 1, 1984. This Executive order implements that decision. Technical language changes suggested by the State Department and the National Security Council have been made, and the proposed order further makes clear that the State Department may exercise its protective authorities under the Foreign Missions Act of 1982, as well as under the provisions of the United States Code which apply explicitly to New York City. None of the affected agencies objects to the proposed order. RECOMMENDATION. I recommend that you sign the proposed Executive order. Enclosure of U.S. Department of Justice Receive SS Office of Legal Counsel 1984 MAY 16 PM 12: 41 Office of the Washington, D.C. 20530 Assistant Attorney General MAY I 6 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 U.S. Department of Justice Office of Legal Counsel Office of the Washington, D.C. 20530 Assistant Attorney General MAY I 6 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. A prior version of this order was approved by this Office on April 17, 1984. 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 authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to section 202 (7), and the authority to make reimbursements to State and local governments for services, personnel, equipment, and facilities 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 purpose of permitting reimbursements to be made under the provisions of section 208 (a) of Title 3, United States Code; Sec. 3. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of 1982; authority available under that Act may also be applied to any foreign mission to which section 202 (7) applies; and Sec. 4. This Order shall be effective on October 1, 1984. THE WHITE HOUSE Office of the Press Secretary For Immediate Release May 23, 1984 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 sec- tions 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 authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to section 202 (7), and the authority to make reimbursements to State and local governments for services, personnel, equip- ment, and facilities 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 purpose of permitting reim- bursements to be made under the provisions of section 208 (a) of Title 3, United States Code; Sec. 3. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of 1982; authority available under that Act may also be applied to any foreign mission to which section 202(7) applies; and Sec. 4. This Order shall be effective on October 1, 1984. RONALD REAGAN THE WHITE HOUSE, May 23, 1984. ######