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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/Resolutions, 1984
(4 of 5)
Box: 48
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
WAEHINGTON
July 2, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS 826
SUBJECT:
Enrolled Resolution S.J. 150
Coast Guard Day
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
The resolution reviews the contributions of the Coast Guard
and calls upon the President to issue a proclamation de-
signating August 4 as "Coast Guard Day. " The resolution
passed both Houses by voice vote. OMB, Transportation, and
Defense recommend approval. I have reviewed the memorandum
for the President prepared by OMB Acting Assistant Director
for Legislative Reference Naomi R. Sweeney, and the resolution
itself, and have no objections.
Attachment
THE WHITE HOUSE
MAEHINGTON I
July 2, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER Original signed by RAH
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. 150
Coast Guard Dav
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
RAH: JGR:aea 7/2/84
CC: FFFielding/RAHauser/JGRoberts/Subj/Chror
ID #
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
JGR
O . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
1
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Enrolled Res. S.J. 150 - coast Guard Day
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cutton
ORIGINATOR 840629
/ /
CUAT 18
Referral Note:
D 89,06,29
584,07,00
Referral Note:
COB
/ /
1 /
-
Referral Note:
/
/
L
Referral Note:
1 1
/
-
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.
WHITE HOUSE STAFFING MEMORANDUM
DATE: June 29, 1984 ACTION/CONCURRENCE/COMMENT DUE BY: c.o.b. MONDAY, July 2
ENROLLED RESOLUTION S.J. RES. 150 - COAST GUARD DAY
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
\
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
085
SVAHN
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
REMARKS:
May we have your comments on the attached Enrolled Resolution by
close of business Monday, July 2. Thank you.
RESPONSE:
1984 JUN 29 F:: 7: 15
Richard G. Darman
Assistant to the President
Ext. 2702
EXECUTIVE OFFICE OF OFFICE management OF THE AND PRESIDENT BUDGET 1934 JUN 23 FM 6 40
MISSOURI
WASHINGTON, D.C. 20503
JUN 29 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution S.J. Res. 150 - "Coast Guard Day"
Sponsors - Sen. Packwood (R) Oregon and 30 others
Last Day for Action
July 10, 1984 - Tuesday
Purpose
Authorizes the President to designate August 4, 1984, as "Coast
Guard Day.
Agency Recommendations
Office of Management and Budget
Approval
(Informally)
Department of Transportation
Approval
Department of Defense
No objection Informally
Discussion
S.J. Res. 150 authorizes the President to designate August 4,
1984, as "Coast Guard Day" in recognition of the contribution the
U.S. Coast Guard has made to the Nation in the areas of boating
and merchant marine safety, environmental protection, maritime
law enforcement, port safety, and the national defense. The
resolution points out that the Coast Guard is the oldest
continuing seagoing service, tracing its history back to 1790.
The resolution also requests the President to issue a
proclamation calling upon all federal, State and local government
agencies and the people of the United States to observe the day
with appropriate programs, ceremonies, and activities.
A draft proclamation will be forwarded for your consideration at
a later date. S.J. Res. 150 passed both the House and Senate by
voice vote.
haomi Acting Assistant R Director Sweeney
for Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD A. HAUSER.
FROM:
JOHN G. ROBERTS good
SUBJECT:
Enrolled Resolution H.J. Res. 604
African Refugees Relief Day
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business
Thursday, July 5. The resolution reviews the plight
of the four million African refugees, and requests that
the President issue a proclamation designating July 9 as
"African Refugees Relief Day." July 9 is the opening day
of the Geneva conference on African refugees, which the
Attorney General is attending. The resolution passed both
Houses by voice vote. OMB and State both recommend
approval. I have reviewed the memorandum for the President
prepared by OMB Acting Assistant Director for Legislative
Reference Naomi R. Sweeney, and the resolution itself, and
have no objections.
Attachment
THE WHITE HOUSE
WASHINGTON
July 3, 1984
MEMORANDUM FOR RICHARD G. DARMAN.
::
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER Original signed by RAH
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution H.J. Res. 604
African Refugees Relief Day
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
RAH:JGR:aea 7/3/84
/
CC: FFFielding/RAHauser/JGRoberts/SUbj/Chron
ID # 216509 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: Enrolled Res. H.J. 604 - African
Rejugus Relief Day
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cuttor
ORIGINATOR 84/07/03
/ /
Referral Note:
CUAT 18
D 84 /07/03
584,07,05
Referral Note:
COR
/
/
/
/
-
-
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.
216509SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
7/3/84
ACTION/CONCURRENCE/COMMENT DUE BY: c.o.b. Thursday, 7/5
SUBJECT: Enrolled REsolution H.J. Res. 604 - African Refugees Relief Day
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
P
SVAHN
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
X
HERRINGTON
HICKEY
McFARLANE
REMARKS:
Please provide any comments/recommendations on the attached
enrolled resolution by c.o.b. THURSDAY, JULY 5.
Thank you.
RESPONSE:
83 :E lid ε- 700 4851
Richard G. Darman
Assistant to the President
Ext. 2702
STATE UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
THE
WASHINGTON, D.C. 20503
JUL 3 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution H.J.Res. 604 - African Refugees
Relief Day
Sponsors - Rep. Dixon (D) California and 213 others
Last Day for Action
The designated day is July 9, 1984.
Purpose
Designates July 9, 1984, as "African Refugees Relief Day. ⑉
Agency Recommendations
Office of Management and Budget
Approval
Department of State
Approval (Informal)
Discussion
4.J.Res. 604 designates July 9, 1984, as "African Refugees Relief
Day. as The enrolled resolution requests the President to issue a
proclamation that calls upon the people of the United States to
observe such day by (1) recognizing that the resolution of
African refugee problems will enhance Africa's stability and is
in the national interest and (2) increasing their contributions
to private voluntary agencies that provide emergency assistance
to African refugees.
July 9, 1984, was chosen as "African Refugees Relief Day" because
it is the first day of the International Conference on African
Refugees Assistance that will be held in Geneva, July 9 through
11, 1984. A draft proclamation has already been forwarded to the
White House for your consideration. H.J.Res. 604 passed both
Houses of Congress by voice vote.
havine R. Sweeney
Naomi R. Sweeney
Acting Assistant Director
for Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
July 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS or
SUBJECT:
Enrolled Resolution H.J. Res. 548 --
Subpoena and Related Authorities for the
President's Commission on Organized Crime
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
This resolution, supported by the Administration, would
authorize the President's Commission on Organized Crime to
administer oaths and receive evidence, issue subpoenas
enforceable in court upon application of the Attorney
General, and issue writs of habeas corpus ad testificandum
upon application of the Attorney General. The resolution
also would grant the Commission and Commission staff access
to Title III wiretaps, to the extent Federal or state and
local law enforcement officials are willing to grant such
access. Specifically, section 6 (b) of the resolution
provides that Commission members and staff are "investi-
gative or law enforcement officers" for purposes of
18 U.S.C. § 2517. That section in turn provides that an
investigative or law enforcement officer may disclose the
contents of a Title III wiretap to another investigative or
law enforcement officer. The net effect is that disclosures
of such material may be made to the Commission or its staff
-- not must be made. In addition, the resolution goes on to
require that the Attorney General or his designee, in the
case of a Federal wiretap, or the appropriate state
official, in the case of a state or local wiretap, have an
opportunity to determine that disclosure may jeopardize law
enforcement interests, and have not made that determination.
The resolution defines the Commission as an agency for
purposes of 18 U.S.C. §§ 6001-6005, authorizing it to compel
testimony over a Fifth Amendment claim through a grant of
immunity, and provides that 18 U.S.C. §§ 111 and 1114 apply
to conduct directed against Commission members or staff.
Those sections make it a Federal criminal offense to take
certain actions against a U.S. attorney. The resolution
also authorizes the Commission to adopt rules for the
conduct of its business.
- 2 -
The resolution passed both Houses by voice vote. OMB and
Justice recommend approval; GSA has no objection; OPM has no
comment. Our office has been concerned in the past about
the powers of this Commission, but there appear to be
sufficient safeguards in this resolution. In particular,
law enforcement authorities retain the right to deny the
Commission access to wiretap information, and subpoenas can
only be enforced by a court order upon application of the
Attorney General. In light of these safeguards, I have no
objection to adding these arrows to Commissioner Kaufman's
quiver.
Attachment
THE WHITE HOUSE
WASHINGTON
July 9, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
,RAtfor for
FROM:
FRED F. FIELDINGOrig. signed
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution H.J. Res. 548 --
Subpoena and Related Authorities for the
President's Commission or Organized Crime
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
FFF:JGR:aea 7/9/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 216547 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
C 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: Enrolled Res. H.J. Res 548 Subpoena
and Related Authorities for the President 1-
commission on Organized Crime
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 84,07,09
!
/
Referral Note:
CUPT 18
1) 84,07,09
584,07,09
Referral Note:
COB
/
/
/
/
-
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. 216547SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
7/7/84
ACTION/CONCURRENCE/COMMENT DUE BY: c.o.b. MONDAY, 7/9/84
SUBJECT: Enrolled Resolution H.J. Res. 548 - Subpoena and Related
Authorities for the President's Commission on Organized Crime
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:
Please provide any comments/recommendations on the
attached enrolled resolution by c.o.b. MONDAY, JULY 9.
Thank you.
60 :/ I.V € 700 4831
RESPONSE:
Richard G. Darman
Assistant to the President
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
The UNITED
OFFICE OF MANAGEMENT AND BUDGET
HAVIS
WASHINGTON. D.C. 20503
JUL 8 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution H.J. Res. 548 - Subpoena and
Related Authorities for the President's Commission
on Organized Crime
Sponsors - Rep. Hughes (D) New Jersey and 8 others
Last Day for Action
Purpose
To authorize the President's Commission on Organized Crime to
issue subpoenas and to take related action necessary to carry out
its mandate.
Agency Recommendations
Office of Management and Budget
Approval
Department of Justice
Approval
General Services Administration
No objection
Office of Personnel Management
No comment
(Informally)
Discussion
The President's Commission on Organized Crime was established by
Executive Order 12435 in July 1983. In establishing the
Commission, you directed it to investigate organized crime in the
United States and to make appropriate recommendations for
reducing or eliminating it. In November 1983, the Administration
proposed legislation to grant the Commission certain statutory
investigative authorities necessary to carry out its responsi-
bilities.
The enrolled resolution provides the Commission with the
authorities that the Administration requested, as well as other
miscellaneous and "housekeeping" authorities which the Department
of Justice supports. In particular, it would allow the
Commission to:
O Administer oaths and affirmations, examine witnesses, and
receive evidence;
2
O Issue subpoenas requiring the attendance and testimony of
witnesses;
O Seek writs of habeas corpus, upon application of the Attorney
General, to require the appearance before the Commission of
persons held in custody; and
O Examine Department of Justice wiretap records under certain
circumstances.
In addition, H.J. Res. 548 clarifies that the Commission is a
Federal agency for purposes of authorizing a grant of immunity
from prosecution in connection with testimony. It also brings
Commission members and staff within the coverage of the Federal
criminal assault statutes.
*
*
*
*
*
The enrolled resolution passed both Houses by voice vote.
haomi Acting Assistant R Sweening
for Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
July 13, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
PETER J. RUSTHOVEN 616
SUBJECT:
Proposed ABA Resolution Concerning Pro
Bono Activities of Government Lawyers
Carol Dinkins forwarded for your review a revised version of a
proposed statement by the Federal Legal Council opposing the
above-referenced resolution, which would support elimination
of current restrictions on Federal attorneys doing pro bono
work for persons involved in disputes with the Government.
Larry Garrett, John Roberts and I have reviewed the revised
statement -- which incorporates our suggestion that the ABA
resolution be described as supporting an amendment to, rather
than a repeal of, 18 U.S.C. § 205 -- and see no problems with
it requiring any comment by our office. No formal response is
needed, though you or Dianna may wish to call Roger Clegg of
the Office of Legal Policy (at 633-4604) simply to advise that
we have no objection to the revised statement.
CC: H. Lawrence Garrett, III
John G. Roberts, Jr.
THE WHITE HOUSE
WAS- NOTE
August 16, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
JR
SUBJECT:
Enrolled Resolution S.J. Res. 338 -
Congratulations for the U.S. Olympic Team
Richard Darman has asked for comments by noon today on the
above-referenced enrolled resolution. The resolution
congratulates the 1984 winter and summer U.S. Olympic teams.
It does not request a proclamation from the President. OMB
and State recommend approval; I have no objections.
HOUS.
August 16, 1984
MEMORANDUM FOR RICHARD DARMAN
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution S.J. Res. 338 -
Congratulations for the U.S. Olympic Team
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
FFF/JGR/lmp 8/16/84
cc: FFF/JGR/Subj/
Cron
THE WHITE HOUSE
WASHINGTON
August 17, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 826
SUBJECT:
Enrolled Resolution H.J. Res. 597 -
Youth of America Week
Richard Darman has requested comments by close of business
August 20 on the above-referenced enrolled resolution. The
resolution would designate the week beginning September 2 as
"Youth of America Week," and call upon the President to
issue an appropriate proclamation. OMB and HHS recommend
approval. I have reviewed the memorandum for the President
prepared by OMB Assistant Director for Legislative Reference
James M. Frey, and the resolution itself, and have no
objections.
THE WHITE HOUSE
WASHINGTON
August 17, 1984
MEMORANDUM FOR RICHARD DARMAN
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Resolution H.J. Res. 597 -
Youth of America Week
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
FFF/JGR/lmp 8/17/84
CC: FFF /JGR/Subj/Cron
THE WHITE HOUSE
WASHINGTON
August 21, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 82R
SUBJECT:
H.J. Res. 452 - Arts and Education
Richard Darman has asked for comments on the above-
referenced enrolled resolution by close of business today.
The resolution, which passed both Houses by voice vote, is
legally meaningless. It simply stresses the importance of
the arts to a complete education and urges all citizens to
support the arts in school. It does not authorize or
request a Presidential proclamation.
OMB, Education, and NEA recommend approval. I have reviewed
the memorandum for the President prepared by OMB Assistant
Director for Legislative Reference James M. Frey, and the
resolution itself, and have no objections.
THE WHITE HOUSE
WASHINGTON
August 21, 1984
MEMORANDUM FOR RICHARD DARMAN
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING
IFFF|
DBW
COUNSEL TO THE PRESIDENT
SUBJECT:
H.J. Res 452 - Arts and Education
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
FFF/JGR/lmp 8/21/84
CC: FFF/JGR/Subj/Cron
THE WHITE HOUSE
WASHINGTON
August 28, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
&
SUBJECT:
Proposed Signing Statement for H.J.
Res. 600 Agricultural Trade and Export
Policy Commission Act
Yesterday we noted no legal objection to approval of H.J.
Res. 600, a bill to create a National Commission on Agri-
cultural Trade and Export Policy. We also recommended
issuance of a signing statement objecting to the mixed
legislative-executive character of the Commission. The
Office of Policy Development (Roger Porter) has now sug-
gested adding language to the signing statement, announcing
that the Secretary of Agriculture will not accept contri-
butions from private sources to fund the activities of the
Commission, as authorized by the bill. The proposed ad-
ditional language notes that acceptance of contributions
would not be "advisable" and that the other authorized
sources of official funding will be used.
Porter is concerned that accepting private contributions
will result in an inflated budget and large staff for the
Commission, giving it the opportunity to do more damage than
would otherwise be possible. Porter is also concerned that
private entities affected by the Commission's work may try
to "buy" a seat for a representative on the Commission, by
promising a sizable donation to aid the Commission's work.
(You will recall that Congress -- not the President --
appoints the vast majority of the Commission membership.)
I have no objection to Porter's suggested addition to the
signing statement. The bill is permissive -- "the Secretary
of Agriculture may receive" -- not mandatory.
Attachment
THE WHITE HOUSE
WASHINGTON
August 28, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Proposed Addition to Signing Statement for
H.J. Res. 600 Agricultural Trade and Export
Policy Commission Act
Counsel's Office has reviewed the proposed addition to the
above-referenced signing statement suggested by OPD, and
finds no objection to it from a legal perspective.
FFF:JGR:aea 8/28/84
cc: FFFielding/JGRoberts/Subj/Chron
ID # 216855 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H . INTERNAL
1 . INCOMING
Date Correspondence
Received (YY/MM/DD)
1
1
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Proposed Signing Statement for H.J.
Res. 600 - Agricul tural Trade and Export
Policy Commission Act
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
Cutton
ORIGINATOR 84,08,28
/ /
Referral Note:
CUAT 18
A 8408.28
5 84,08,28
Referral Note:
2:00
/
/
/ /
-
Referral Note:
/
/
/
/
Referral Note:
/
/
1 1
-
Referral Note:
ACTION CODES:
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5/81
Document No.
216855SS (A)
WHITE HOUSE STAFFING MEMORANDUM
8/28/84
:00 P.M. TODAY
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
PROPOSED SIGNING STATEMENT FOR H.J. RES. 600 - AGRICULTURAL TRADE
SUBJECT:
AND EXPORT POLICY COMMISSION ACT
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
S
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
The Office of Policy Development suggests adding the attached paragraph-pg. 3
to the suggested signing statement to accompany H.J. Res. 600.
May we have your clearance no later than 2:00 p.m. TODAY. Thank you.
RESPONSE:
Richard G. Darman
1984 AUG 28 M 9: 16
Assistant to the President
Ext. 2702
STATEMENT BY THE PRESIDENT
I have today signed H.J.Res. 600, the "Agricultural Trade and
Export Policy Commission Act. as
H.J.Res. 600 would establish a National Commission on
Agricultural Trade and Export Policy to conduct studies of
agricultural trade and export policies, programs, and practices
of the United States, and to make recommendations to the
President and Congress.
The Congressional sponsors of this legislation see the
Commission's work as providing recommendations for the
agriculture community, the Administration, and the Congress to
consider as they work together in developing the 1985 farm bill.
I expect the 1985 farm bill to be an historic watershed in laying
the groundwork for assuring the continuation of a prosperous and
productive agricultural economy. While I am not convinced that
we need yet another commission to study agricultural policy, I
hope the Commission will constructively join the debate on the
future direction of American agriculture, including that of
agricultural trade and exports.
Numerous other groups, including the President's Export
Council, official industry advisory groups, and the President's
Working Group on Future Food and Agriculture Policy, are also
examining the many issues that can affect the future course of
American agriculture. We hope that the free exchange and
critical review of all such views will lead to the development of
farm legislation that sets a sound course for agricultural
policy.
In signing H.J.Res. 600, however, I must express my concern
about the membership of the Commission. Under this bill the
Commission is to be composed of three officers from the Executive
branch, who serve in a nonvoting capacity, and thirty-two members
who are either selected by, or are members of, Congress.
Although the Commission would appear to serve primarily legis-
lative functions, this bill would place the Commission partly
within the Executive branch. I believe that creation of such a
commission, which is neither clearly within the Executive branch,
nor clearly within the Legislative branch, tends to blur the
functional distinction between the political branches that is
fundamental to the concept of separation of powers. It would be
more appropriate for the Commission to be composed either
entirely of members selected by the Legislative branch, if it is
to serve primarily legislative functions, or entirely of members
appointed by the President, if it is to serve the Executive
branch.
OPD'S SUGGESTED PARAGRAPH FOR H.J. RES. 600
3
I do not consider it advisable to have the Secretary
of Agriculture or any other executive branch official receive
private donations to assist the Commission. The Department of
Agriculture will provide such staff resources as are needed
from existing resources and make use of Commodity Credit
Corporation funds as authorized to cover travel expenses,
per diem, and other expenses as needed.
R THE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET 1934 AUG 23 Fill 1: 19
WASHINGTON, D.C. 20503
AUG 23 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution H.J.Res. 600 - Agricultural Trade
and Export Policy Commission Act
Sponsors - Reps. de la Garza (D) Texas, Foley (D)
Washington, and Madigan (R) Illinois
Last Day for Action
August 31, 1984 - Friday
Purpose
Establishes a National Commission on Agricultural Trade and
Export Policy to conduct a study of the agriculture-related trade
and export policies, programs, and practices of the United
States.
Agency Recommendations
Office of Management and Budget
Approval (Signing
statement attached)
Department of Agriculture
Approval
Department of State
No objection
Department of Commerce
No objection
General Services Administration
No objection
Office of Personnel Management
No objection (informally)
Department of Justice
Cites concerns (Signing
statement attached)
Department of the Treasury
Cites concerns (informally)
U.S. Trade Representative
No comment (informally)
Council of Economic Advisers
Disapproval
Discussion
The Enrolled Bill
H.J.Res. 600 would establish a National Commission on
Agricultural Trade and Export Policy to conduct a study of the
agriculture-related trade and export policies, programs, and
practices of the United States, including the impact of
international and domestic factors. The scope of the Commis-
sion's study would include consideration of existing and new
agricultural export assistance programs, foreign impediments to
U.S. agricultural exports and appropriate counter-measures, trade
agreements, international economic trends, and the interaction of
international agricultural trade with foreign food assistance and
economic development.
2
The Commission would be composed of the following 35 members:
-- Three Executive branch members, selected by the President,
serving in an ex officio capacity without voting rights.
-- Twenty voting members from among U.S. private citizens, half
selected by the President pro tempore of the Senate and half
selected by the Speaker of the House of Representatives, to
represent industries directly affected by agriculture-
related international trade.
-- The chairmen and ranking minority members of the House
Agriculture, Foreign Affairs, and Ways and Means Committees,
and the Senate Agriculture, Foreign Relations, and Finance
Committees, all serving as ex officio members with voting
rights.
The Commission would be required to report its findings and make
recommendations to the President and Congress on how better to
develop, maintain, and expand markets for U.S. agricultural
exports (1) in preliminary form by March 31, 1985; (2) as interim
reports whenever requested by any of the committee chairmen cited
above; and (3) in final form by July 1, 1986. The Commission
would terminate sixty days after the transmission of its final
report.
Members of the Commission would serve without additional
compensation except those members who are private citizens, who
could be paid travel and per diem expenses. The Secretary of
Agriculture would be required to provide personnel and support
services at the request of the Commission on a nonreimbursable
basis. The Secretary of Agriculture could receive private
donations to assist the Commission, although use of up to
$1,000,000 of Commodity Credit Corporation funds is authorized if
donations are not sufficient to pay Commission staff salaries,
travel expenses, per diem, and other expenses.
Congressional Views
H.J.Res. 600, and the Senate companion resolution, S.J.Res. 319
(sponsored by Senators Dole, Huddleston, Helms, Dixon, Boschwitz,
Leahy, Cochran, Zorinsky, Jepsen, Boren, Andrews, Heflin,
Kassenbaum, Kasten, Roth, and Percy) were both introduced in June
and congressional hearings were held in July. Congressional
proponents of H.J.Res. 600 argued that the Commission's study of
U.S. agriculture-related trade and export policies, programs, and
practices is needed because:
-- U.S. agricultural exports, which have declined seriously
since 1980/81, are a mainstay of profitability in the U.S.
agricultural economy;
3
-- agricultural exports help to significantly reduce our
balance of trade deficit;
-- the contraction of overseas sales since 1980 has placed
tremendous pressure on U.S. producers in the face of
mounting agricultural surpluses; and
-- initial and interim Commission reports would be useful in
considering the 1985 farm bill.
Administration Position
Although the Administration was not invited to testify in either
House on this legislation, the Department of the Treasury did
advise Representative Coleman of Missouri, a member of the House
Agriculture Committee, that a high-level export commission to
study agricultural export trade issues was not necessary because
several public and private groups are already investigating ways
of resolving agricultural export problems. A Statement of
Administration Policy was sent to the House on August 3, 1984,
and reports from Treasury were sent to the Senate Governmental
Affairs and Agriculture Committees on August 9, also opposing the
resolution on these grounds. Nevertheless, in an August 10
statement on the Senate floor, Senator Dole asserted that 18
the
Administration has appropriately chosen to take no official
position and that I hope that USDA officials will adopt a
positive and constructive attitude toward the Commission's
work
In recommending approval of the enrolled resolution, the
Department of Agriculture notes the importance to U.S.
agriculture of the trade policy issues that the Commission will
study and the
"
desirability of enlisting in their
consideration a considerable breadth of knowledge, experience and
perspective."
In its enrolled bill letter, Justice notes that while the
Commission would appear to serve primarily legislative functions,
it would also appear to reside in part within the Executive
branch, given (1) the three Executive members and (2) the
considerable support Agriculture is to give the Commission.
While not recommending veto, because the Commission's functions
are solely advisory, Justice states its belief that the creation
of such hybrid commissions is undesirable, and expresses concern
that this resolution could set II an unwise precedent for future
commissions or advisory bodies that would be set up with similar
membership. Accordingly, Justice recommends that you issue a
signing statement which urges that such commissions be structured
to serve only one master--either the Executive branch or the
Legislative branch.
4
Treasury informally reiterates the concerns it set forth in its
reports to the Congress, and also has serious reservations that
the Commission's funding by private donations would enable such
private entities to unduly influence the Commission and thereby
undermine the credibility of its recommendations (Senator
Eagleton strongly voiced similar concerns in his floor remarks).
Treasury informally advises, however, that its reservations are
not sufficient to warrant veto.
The Council of Economic Advisers recommends that you veto
H.J.Res. 600 because the resolution would (a) duplicate existing
groups studying agricultural export issues and (b) heavily bias
membership on the Commission in favor of members of Congress and
individuals appointed by members of Congress.
Conclusion
On the merits, I agree with the several agencies that H.J.Res.
-
600 is unnecessary, duplicates existing studies of agricultural
export issues, and is heavily weighted to favor a congressional
perspective. In fact, the Commission's predominance of
congressional members or appointees raises the very serious
concern that its recommendations may sharply conflict with the
Administration's views on how to structure the 1985 farm bill.
No doubt the Congress will seek to promote these so-called
"independent" recommendations, and it could be difficult to keep
them out of next year's farm bill.
On balance, however, I recommend that you sign H.J.Res. 600
because:
-- the recommendations of the Commission, given its obvious
congressional bias, will probably be discounted
accordingly;
-- next year's farm bill could well serve as watershed
legislation; its ultimate form will be shaped by a
multitude of parties and interests, and the Commission's
report will be just one of many sets of recommendations
with which the Administration will have to contend;
-- a veto could be extremely difficult to justify to the
Congress or the public, and it would be perceived by the
farm and agribusiness community as a sign of Administration
hostility; and
-- a veto would be very difficult to sustain in view of the
strong bipartisan support for H.J.Res. 600.
H. J. Res. 600 passed both Houses of the Congress by voice vote.
5
In lieu of Justice's proposed signing statement, we have prepared
for your consideration an alternative statement that incorporates
Justice's concerns regarding the composition of the Commission
while taking a less laudatory view of the Commission itself.
David A. Stockman
Director
Enclosures