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FOIA Number: 2008-0699-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidentia! Records
Subgroup/Office of Origin:
Speechwriting
Series/Staff Member:
Carter Wilkie
Subseries:
OA/ID Number:
4273
FolderID:
Folder Title:
Administrative Instructions [2]
Stack:
Row:
Section:
Shelf:
Position:
S
91
5
8
3
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. memo
re: White House security procedures (4 pages)
04/26/1993
P6/b(6), b(7)(C), b(7)(E),
b(7)(F)
002a. memo
re: Policies and procedures for use on White House grounds (4 pages)
06/07/1993
b(7)(E)
002b. diagram
re: White House facilities (1 page)
n.d.
b(7)(E)
003. memo
re: Information for White House passholders (1 page)
n.d.
P6/b(6), b(7)(C), b(7)(E),
b(7)(F)
COLLECTION:
Clinton Presidential Records
Speechwriting
Carter Wilkie
OA/Box Number: 4273
FOLDER TITLE:
Administrative Instructions [2]
2008-0699-F
im486
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. memo
re: White House security procedures (4 pages)
04/26/1993
P6/b(6), b(7)(C), b(7)(E),
b(7)(F)
:
COLLECTION:
Clinton Presidential Records
Speechwriting
Carter Wilkie
OA/Box Number: 4273
FOLDER TITLE:
Administrative Instructions [2]
2008-0699-F
jm486
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA|
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
WASHINGTON
March 30, 1993
MEMORANDUM FOR ALL WHITE HOUSE OFFICE,
OFFICE OF THE VICE PRESIDENT AND
OFFICE OF POLICY DEVELOPMENT EMPLOYEES
FROM:
DAVID WATKINS
Q.
wath
ASSISTANT TO THE PRESIDENT FOR
MANAGEMENT AND ADMINISTRATION
SUBJECT:
Vacation and Sick Leave Policy
Outlined below is a summary of the vacation and sick leave policy
for all White House Office (WHO), Office of the Vice President
(OVP), and Office of Policy Development (OPD) employees. For
more details on any of the policies call Vicki Reider of the
Office of Administration (OA) at extension 2260.
ANNUAL LEAVE (VACATION)
1.
Full-time federal employees (other than
Commissioned Officers) accrue leave each
pay period. The amount of leave you accrue
depends on how long you have worked for the
federal government. If you have worked for
the government:
a.
Less than 3 years, you accrue 4 hours
of leave per pay period, for an annual
total of 2.5 weeks (13 working days).
b.
Between 3 years and 14 years, you accrue
6 hours of leave per pay period for an
annual total of 4 weeks (20 working
days).
C.
15 or more years, you accrue 8 hours of
leave per pay period for an annual total
of over 5 weeks (26 working days).
NOTE: Part-time employees accrue leave at
a different rate than full-time employees.
2.
An employee may accumulate up to 240 hours (30
days) of annual leave and carry that accumulation
over from year to year. Annual leave accumulated
in excess of 240 hours will be forfeited at the
end of the year. Forfeited leave cannot be
restored except under exceptional circumstances.
- 2 -
3.
Any leave approved in excess of the amount of
annual leave remaining to your credit will be
considered leave without pay unless your
supervisor approves advanced leave (taking leave
you have not yet earned but anticipate earning).
4.
Commissioned Officers are allowed, with the
approval of their department head, up to 3 weeks
(15 working days) of compensatory time per year
with no accrual by pay period or year to year
carryover.
5.
Weekends and federal holidays are not part of the
normal working schedule and no leave need be taken
for these days.
6. Staff must submit a request for leave to their
supervisor either by personal memorandum or by
completing an Application for Leave (see
attached)
7.
Upon approval, the staff member must notify the
office's designated timekeeper of their impending
leave.
8.
Staff can take leave at any time during the year.
However, you are encouraged to take accrued leave,
whenever possible, during the same time period the
President and First Family are vacationing so as
not to hinder the functioning of the WHO.
SICK LEAVE
1.
All full-time employees, regardless of their
length of service, will earn sick leave at the
rate of 4 hours for each full pay period for an
annual total of 2.5 weeks (13 working days).
2.
Accumulated sick leave will be recredited to an
employee if the employee is reemployed with the
government within 3 years after separation.
3.
Sick leave taken in excess of the amount remaining
in an employee's credit will be automatically
charged to annual leave and then to leave without
pay when the annual leave balance is exhausted.
This is not true if your supervisor approved
advanced sick leave.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002a. memo
re: Policies and procedures for use on White House grounds (4 pages)
06/07/1993
b(7)(E)
COLLECTION:
Clinton Presidential Records
Speechwriting
Carter Wilkie
OA/Box Number: 4273
FOLDER TITLE:
Administrative Instructions [2]
2008-0699-F
jm486
RESTRICTION CODES
Presidential Records Act |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA)
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA)
financial information |(a)(4) of the PRA)
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA)
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002b. diagram
re: White House facilities (1 page)
n.d.
b(7)(E)
COLLECTION:
Clinton Presidential Records
Speechwriting
Carter Wilkie
OA/Box Number: 4273
FOLDER TITLE:
Administrative Instructions [2]
2008-0699-F
jm486
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - |5 U.S.C. 552(b)|
P1 National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute ((a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
WASHINGTON
January 25, 1993
Michael will Xeith Own
Edder
MEMO FOR ALL ASSISTANTS
FROM:
JOHN D. PODESTA
Guita
Assistants to the President
and Staff Secretary
SUBJECT: MATERIALS FOR THE PRESIDENT
It would be appreciated if you would have your staff begin using
the attached guidelines when preparing materials for the
President.
Thank you.
Identify caller
Attachment I
Rm28
SAMPLE - BRIEFING PAPER
(Format)
THE WHITE HOUSE
WASHINGTON
DATE (centered)
MEETING WITH NAME OF INDIVIDUAL (centered)
DATE:
LOCATION:
TIME:
From: (Name of Senior Staff Person responsible
for meeting and person's signature/initials)
1. PURPOSE
State purpose oi meeting. Paper should be written as if you were talking to the
President - in 2nd person (i.e. "you will meet with
").
II. BACKGROUND
State relevant context in which meeting arises, issues of special concern to parties,
as appropriate, previous participation, etc.
III. PARTICIPANTS
List all participants including White House Staff.
IV. PRESS PLAN
Specify press coverage, photo opportunity, no press coverage, etc.
V. SEQUENCE OF EVENTS
Outline meeting agenda and President's role using bullet points.
VI. REMARKS
To be provided by Speechwriters,
Talking points attached, or
None required
Attachment:
Talking Points as appropriate
8
(IMPORTANT NOTE: Briefing memoranda (with 16 copies] must be delivered to the Staff
Secretary by 3:00 p.m. the day before the scheduled meeting or event.)
4:30
D.3
Attachment II
SAMPLE - DECISION MEMO
(Format)
THE WHITE HOUSE
WASHINGTON
DATE (centered)
MEMORANDUM FOR THE PRESIDENT
FROM:
SUBJECT:
I. ACTION-FORCING EVENT: (The nature of the event requiring or suggesting action -
and the degree of flexibility associated with it.)
II. BACKGROUND/ANALYSIS: routline history, current status, possible options and
impacts -
financial, constituent or
other public policy considerations.)
III. RECOMMENDATION: (Indicate single recommendation or list options.)
IV. DECISION:
Approve
Approve as amended
Reject
No action
NOTE: Where necessary, tabs may be attached to Decision Memoranda. However, as in
the case of other written materials directed to the President, brevity is important.
Seldom should a Decision Memorandum be longer than one or two pages, and
tabs, whenever possible, should be limited to five or fewer.
D-5
Attachment III
SAMPLE - SIGNATURE MEMORANDUM
(Format)
THE WHITE HOUSE
WASHINGTON
DATE (centered)
MEMORANDUM FOR THE PRESIDENT
FROM:
SUBJECT:
Example - Forwarded for your approval and signature is a nomination containing the
names of 266 officers for promotion and original appointment in the Navy.
This nomination has been staffed by the Secretary of the Navy and approved by the
Secretary of Defense.
Recommendation
That you sign the nomination attached at Tab A.
D-7
Attachment IV
SAMPLE - INFORMATION MEMO
(Format)
THE WHITE HOUSE
WASHINGTON
DATE (centered)
INFORMATION
MEMORANDUM FOR THE PRESIDENT
FROM:
SUBJECT:
1. SUMMARY
(Three (3) sentences or less)
II. DISCUSSION
(Please be concise)
NOTE: Information Memoranda should not raise issues for decision.
D.9
Attachment V
TELEPHONE CALL RECOMMENDATION
(Format)
THE WHITE HOUSE
WASHINGTON
DATE (centered)
RECOMMENDED TELEPHONE CALL
TO:
Name and telephone number of person you recommend be
called with brief identifying information only when you
suspect name will be unfamiliar to the President.
DATE:
Date and time the President should make the call.
RECOMMENDED BY:
Your name and if recommendation has concurrence of
another staff member, so state.
PURPOSE:
Preferably one sentence: two at most.
BACKGROUND:
Whatever background information you feel will be helpful to
the President. Usually 3-4 short sentences will suffice to set
the stage and give substance to talking points. Also, make
sure that no letter has been sent by Correspondence for the
same purpose as the call.
TOPICS OF DISCUSSION:
1. (The specific points that you recommend be made
during the conversation)
2.
3.
4.
CONTACT PERSON AND
TELEPHONE NUMBER(S):
DATE OF SUBMISSION:
ACTION:
D.11
THE WHITE HOUSE
WASHINGTON
January 22, 1993
MEMORANDUM FOR SENIOR STAFF
FROM:
JOHN D. PODESTA
Assistant to the President
and Staff Secretary JOP
SUBJECT:
PAPERFLOW
This memo sets forth the procedure for all White House staff to
follow in sending paper to the President for signature or review.
It is an initial cut at establishing a smoothly working paper
flow system and I expect that it will require some refinement.
At the outset, it is important to emphasize that all paper going
to the President should come through the Staff Secretary (with
certain exceptions for the NSC). All paper leaving the
President's office should go back to the Staff Secretary to
ensure that decisions will be implemented, the appropriate people
notified, and good records maintained.
Daily Briefing Book
Marcia Hale will be responsible for putting together the
President's schedule and informing the appropriate offices what
their responsibilities are for producing background memos,
talking points, etc. (Full speeches are discussed below.)
Marcia will distribute a draft of the next day's schedule at
noon. All offices will be responsible for forwarding briefing
book materials to my office not later than 4:30 pm the night
before the day in question.
My office will review such materials for quality, completeness,
etc. and produce the President's book. Briefing books will be
distributed by 8:00 pm.
Decision Memo Clearance
Perhaps the most important function of the Staff Secretary's
office is to ensure that decision memoranda are properly staffed
before reaching the President. That will require cooperation of
all staff. The following procedures should be followed:
O
Unless a real emergency exists, decision memos must be
forwarded to the Staff Secretary at least 48 hours in advance of
presenting the document to the President.
2
O
I will route the memo to relevant White House Staff for
comment. The Chief of Staff and Vice President will receive all
draft decision documents for comment. I will also route such
drafts to Bernie Nussbaum and to Maggie Williams. Other offices
will be routed as appropriate.
O
Routing will be Assistants to the President. It will
be up to each Assistant to decide proper routing procedures
within his or her own office.
O
As a general rule, staffing to Cabinet agencies will be
done through the Councils. In the event that comment from
Cabinet officers is required that cannot be handled through the
regular Council process, paper will be routed through the Cabinet
Secretary, who will also serve as a collection point for comments
coming back from the Cabinet in those circumstances.
O
My office will serve as a collection point for all
comments from the White House Staff and in the circumstances
described in the above bullet from the Cabinet (via the Cabinet
Secretary) and will attempt to facilitate consensus, prior to
presentation of the matter to the President. Where no consensus
can be formed, I will ensure that individual views are noted and
accurately presented.
Background Memos
Briefing papers, where no formal action is requested, will be
handled in the same general manner as decision memos. My office
will be responsible for preparing or editing summaries of all
general briefing papers.
Speeches
Different administrations have handled the speech clearance
process differently, with some vesting principal clearance
responsibility in the Staff Secretary, and others in the speech
writers themselves. We are going to try out a process under
which the Communications staff will have primary responsibility
for clearing all speeches and statements of the President
released to the press, provided that these procedures are
followed:
O
My office must be on and see the original distribution
list of draft speeches to ensure that all offices with a need to
review have received a copy.
O
Comments to speech writers should be cc'd to me, to
ensure that those views have been appropriately considered before
forwarding a draft to the President.
3
O
Drafts of speeches to be presented to the President
should flow to and from the President through my office, so that
they can be properly handled and archived.
Report to Congress
The Administration prepares over 300 reports to Congress each
year, as a result of statutory requirements. Many are submitted
under the President's signature. They are frequently thick
documents and often come to us with short deadlines. We will try
to ensure that agencies submit reports in a timely fashion to
give White House staff a meaningful chance to review these
reports. We will route them for clearance to the appropriate
people.
Legislation
Enrolled legislation (passed by both houses) is received and time
stamped by the Executive Clerk. OMB has responsibility for
interagency review of the legislation. The Staff Secretary's
office will handle clearance of the legislation, signing
statements and veto messages amongst the White House staff. The
same procedures outlined for clearance of decision memos should
be followed.
Correspondence
Congressional correspondence as a rule will be reviewed,
personally, by the President. Staffing of letters to the Hill
will follow the same procedures as outlined for clearance of
decision memos. Other correspondence will be routed initially
through Marcia Scott, the Acting Director of Messages and
Correspondence who is working furiously to bring up our
system for answering mail, whether for the President's or First
Lady's signature, or for staff signature. A memo laying out the
correspondence system will follow shortly.
Sequencing and Timing
It can be anticipated that staff sending paper to my office will
frequently feel that the President must see it in the next 10
minutes. Barring real emergencies, that will generally not be
possible. I will be working with Nancy Hernreich to develop a
system that will make the President's day work for him.
4
Morning. With regard to paper, my expectation is that the
President will have a short time in the morning to review his
briefing book and paperwork, including (i) papers and letters he
must review and sign; (ii) decision memos, briefing memos and
others matters which he can review that morning or hold for
evening review; (iii) a summary of documents and important
correspondence received, which he can review in more detail if he
wishes.
Daytime Period. The President wants to limit review of paper
during daytime working hours. Only essential items which must be
signed or reviewed, will be brought to his attention during those
hours. I will forward essential items to the President through
Nancy Hernreich who will be responsible for fitting review of
essential items into the day's schedule.
Evening. After the President's morning work period all non-
essential paperwork will be held until the evening. In the
evening, we will give the President a manageable amount of
reading -- no more that 45 minutes to an hour's worth. We will
include in these materials all important decision memos which
will be discussed the next day.
Weekend. Longer policy papers and think pieces will be held for
weekend review, where possible. That will give the President
more time to reflect and comment.
Following Week
By the close of business each Friday, senior staff -- and
expecially the councils -- should forward to me a list of any
important decision memos that they expect to have presented to
the President the next week so that we can build adequate time
into the schedule for review at the staff level and by the
President.
Style
Some changes may be made to the current style of documents
intended for the President, but, for now, please use current
style forms.
In closing, let me say that my office has a straightforward
goal -- to protect the President and his decision-making process.
Paper coming to him must meet the highest standards of
excellence. Papers must be well written. Options must be
clearly stated. Those who need to see it must have seen it.
Views of advisors must be accurately reflected. Summaries must
be brief and accurate. We cannot let the pressure of time
compromise those standards.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
003. memo
re: Information for White House passholders (1 page)
n.d.
P6/b(6), b(7)(C), b(7)(E),
b(7)(F)
COLLECTION:
Clinton Presidential Records
Speechwriting
Carter Wilkie
OA/Box Number: 4273
FOLDER TITLE:
Administrative Instructions [2]
2008-0699-F
jm486
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRAJ
b(1) National security classified information ((b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
WASHINGTON
Mank- Soc
pls sure Dept. you
February 4, 1993
entice make and wad this
MEMORANDUM FOR WHITE HOUSE OFFICE STAFF
An
FROM:
BERNARD NUSSBAUM
CHERYL MILLS Jan
SUBJECT:
Hiring of Detailees, Consultants, Experts, Special
Government Employees and Volunteers
It is important for all members of the White House Office,
particularly those making staffing decisions, to understand the
general criteria for hiring individuals who are not intended to
serve permanently on the staff. This memorandum provides an
overview of the categories of employees who are not serving in
permanent positions who can be employed by the White House
Office. Ultimately, decisions regarding an individual's
particular categorization must be made by the Counsel's Office on
an individual basis.
Detailees
Pursuant to 5 U.S.C. $ 112, the head of any agency, department or
independent agency of the executive branch can "detail" an
employee to the White House Office. 1 This employee ("detailee")
reports to the White House Office for the term of his or her
assignment. The employee is responsible to and supervised by a
White House Office member.
The White House Office does not have to reimburse the sending
agency for the services of a detailee for the first 180 days of a
given fiscal year. For each day beyond 180 days in a fiscal year
that a detailee continues to be assigned to the White House
Office, the White House Office typically must reimburse the
sending agency for the employee's service. There are several
1 All executive branch and independent agencies and major
organizational units within an agency (including the Executive
Office of the President ("EOP")) may send or receive detailees.
The rules governing the reimbursibility of such detailees differ
from those pertaining to the White House Office. 31 U.S.C. S
1535.
2
restrictions governing the White House Office's use of detailees.
In particular, another agency cannot hire a Schedule C (political
appointee) employee for the purpose of detailing that employee to
the White House. See "Treasury, Postal Service, and Federal
Government Act, 1993", H.R. 5488-44, Sec. 626 (a) (October 6,
1992) (each agency must certify that "the Schedule c position was
not created solely or primarily in order to detail the employee
to the White House").
Second, an agency or department head cannot transfer a new career
employee to the White House Office during the employee's first 90
days of service with the agency or department. 5 C.F.R.
§ 330.501.
Consultants
Pursuant to 3 U.S.C. § (c), the White House Office also can
procure the services of consultants on a temporary2 (less than
one year) or intermittent (less than 130 full-time equivalent
days in a service year) basis. A consultant "provides views or
opinions on problems or questions presented by the agency, but
neither performs nor supervises performance of operating
functions." Federal Personnel Manual ("FPM"), Chap. 304, 1-2.
In addition, consultants typically have "a high degree of broad
administrative, professional, or technical knowledge or
experience which should make the[ir] advice distinctively
valuable to the agency." Id.
The White House Office can pay consultants up to a daily rate
equal to the daily base rate of pay for Executive Schedule ("ES")
Level II employees (currently $133,600). See 3 U.S.C. § 105(c).
The FPM specifically prohibits the following activities as an
improper use of a consultant:
1) hiring an individual as a consultant in anticipation of
the individual ultimately taking a career-conditional
appointment;
2) hiring a consultant for a job that can be performed as
well by regular employees;
3) hiring a consultant to work in a full-time continuous
job;
2 The White House Office can retain the services of
consultants for longer than one year provided that the President
determines that their services are necessary for more than one
year. 3 U.S.C. § 105 (c).
3
4) hiring an individual as a consultant to avoid
competitive employment procedures; and
5) hiring an individual as a consultant to avoid General
Schedule pay limits.
The White House Office (or the division seeking to hire a
consultant) must certify that an individual meets the criteria of
being a consultant and provide supporting documentation.
Experts
Pursuant to 3 U.S.C. § 105 (c), the White House Office also can
secure the services of experts on the same terms as those for
consultants (e.g., an intermittent or temporary³ basis). An
expert is someone with:
excellent qualifications and a high degree of
attainment in a professional, scientific, technical or
other field. An expert's knowledge and mastery of the
principles, practices, problems, methods and techniques
of a field of activity
are clearly superior to
those usually possessed by ordinarily competent persons
in that activity.
FPM, Chap. 304, 1-2(3). Experts typically are regarded as
practitioners with "unusual competence and skill by other persons
in the profession, occupation, or activity." Id.
Like consultants, the White House Office can pay experts up to a
daily rate equal to the daily base rate of pay for ES Level II
employees (currently $133,600). 3 U.S.C. § (c).
The White House Office cannot hire or use experts in any of the
ways prohibited for the hiring or use of consultants (see above
discussion).
Similarly, the White House Office (or the division seeking to
hire an expert) also must certify that an individual meets the
criteria of being an expert and provide supporting documentation.
³The White House Office also can retain the services of
experts for longer than one year provided that the President
determines that their services are needed for more than one year.
3 U.S.C. § 105 (c).
4
Special Government Employees
Pursuant to 3 U.S.C. § 105, the White House Office (through the
President) has the authority to appoint employees. Employees who
are appointed to accomplish jobs which will not exceed 130 days
in duration can be classified as Special Government Employees. A
Special Government Employee is:
an officer or employee of the executive or legislative
branch,
who is retained, designated, appointed,
or employed to perform, with or without compensation,
for not to exceed one hundred and thirty days
[of any 365 days] temporary duties either on a full-
time or intermittent basis
18 U.S.C. § 202. A consultant and an expert can be classified as
a Special Government Employee provided he or she is so designated
at the time he or she is hired and will complete the assignment
within 130 days. Individuals who are not consultants or experts
also can be hired as Special Government Employees provided that
the job for which they are hired will be completed in 130 or less
days.
A Special Government Employee who is not an expert or consultant
can carry out an agency's duties and responsibilities; he or she
is not prohibited from supervising the performance of operating
functions. In addition, a Special Government Employee can
continue to draw a salary from another employer, provided there
is no conflict of interest with regard to this, or any other,
financial interest.
Volunteers
Mark-
FYI
The White House Office is permitted to have volunteers -- persons
who serve without compensation. See Memorandum for Fred F.
Fielding, Counsel to the President, "White House Use of
Volunteers" (1982). Volunteers may be on a leave of absence from
their primary employment (with or without pay) or have no other
employer-employee relationship. In either case, volunteers may
be treated as employees for conflict of interest purposes and
must comply with the federal conflict of interest statutes.
Applicable Ethics Provisions
Conflict of Interests Statutes: Every employee, including a
volunteer, is subject to the requirements of 18 U.S.C. 208. This
statute prohibits employees from "personally and substantially"
participating in a "particular matter" in which, to their
knowledge, they have a financial interest. Employees must recuse
5
themselves from such matters. The financial interests of a
spouse, child, employer, business associate and any organization
in which an executive branch employee serves as a director,
trustee, general partner, employee or officer are imputed to the
employee for purposes of determining a conflict of interest.
Clinton Pledges: Executive Order 12834 ("Clinton Ethics
Pledges") applies only to senior employees of the executive
branch. "Senior" is defined in the Order as those employees who
are paid at or above the ES Level V ($108,200) on an annualized
basis. Employees paid at or above this level are subject to the
following restrictions:
1) they may not, for five years from the date of
termination of their service, represent a party in any
matter before their former agency, unless the matters
are with respect to a judicial proceeding;
2) EOP officials may not, for five years,
represent a party in any matter before any
department or agency with respect to which
they had substantial personal responsibility;
3) they forever are banned from acting as a foreign agent
on behalf of foreign governments or foreign political
parties; and
4) should they personally and substantially participate in
a trade negotiation, they are banned for five years
from representing, aiding or advising a foreign
political party, foreign country, or foreign business
entity in any matter before the federal government.
Federal Ethics Law - Post-Employment Restrictions: Under 18
U.S.C. §§ 201 - 209, employees must comply with a number of
ethics requirements. One factor that prospective employees
seeking to work in the White House Office -- as a consultant,
expert, or Special Government Employee in excess of 60 days or as
a full-time volunteer (more than 130 full-time equivalent days in
any 365 - day period) -- should consider is the relevant post-
employment restrictions. Briefly, these restrictions provide the
following:
a) Lifetime Ban on "Switching Sides.' Federal law
($ 207 (a) (1)) provides that a former official may never
represent a private party before or against the U.S. in a
particular matter involving specific parties when the
employee worked on that matter "personally and
substantially" as a federal employee.
6
b) 2-Year "Official Responsibility" Ban. Federal law
(S 207 (a) (2)) provides that a former official may not
represent a private party before or against the U.S. for 2
years in a particular matter involving specific parties
under his "official responsibility" during the last year of
government service, whether or not the employee was
personally and substantially involved in the matter.
c) 1-Year Ban on Contacting Former Agency. Federal law
($ 207 (a) (c) ) requires a 1-year cooling-off period for
"senior" employees during which time they may not contact
their former agencies with the intent to influence,
regardless of whether they worked on the matters involved
while in government. "Senior" employees for the purposes of
the White House Office are those individuals paid at or
above ES Level III (currently $123, $123,100)
d) 1-Year Cooling-Off Period. Federal law (§ 207 (d) )
requires a 1-year "cooling-off" period for "very
senior" employees during which time, in addition to the
restrictions above, they may not contact other "very
senior" employees. "Very senior" employees include
those White House Office officials paid at or above ES
Level II (currently $133,600).
e) 1-Year Ban for Trade Negotiators. Federal law
(§ 207 (b) ) states that for one year after an employee's
government service terminates, he or she may not
knowingly represent, aid, or advise on the basis of
certain non-public information any other person
regarding any on-going trade or treaty negotiation in
which, during his or her last year of government
service, he or she participated personally and
substantially as an employee.
f) 1-Year Ban on Representing Foreign Governments.
Federal law (§ 207 (f)) requires a 1-year cooling-off
period for "senior" (above ES Level III) and "very
senior" (above ES Level II) employees representing,
aiding, or advising foreign governments or foreign
political parties before the U.S. government.
Special Government Employees are subject to the same restrictions
discussed above as regular employees (including the Clinton-Gore
pledges if they are paid above ES Level V) with the following
exception: where a Special Government Employee serves for less
than 60 days, the restrictions under S 207 (c) do not apply
(provision "c" discussed above).
In addition to the post-employment restrictions, a prospective
employee's ability to serve in the White House Office may be
significantly limited by conflicts of interests that exist with
7
regard to their financial interests (which includes the financial
interest of their spouse, children, employer, or any other
organization in which the individual is an officer, director,
partner, etc.). For this reason, all prospective employees
(including volunteers) in the White House Office, even for brief
periods of work, must be approved by the Counsel's Office prior
to placing them on the payroll or identifying them as an employee
entitled to clearance badges to work in the OEOB or West Wing of
the White House.
THE WHITE HOUSE
WASHINGTON
March 9, 1993
MEMORANDUM FOR ALL WHITE HOUSE STAFF
FROM:
BERNARD W. NUSSBAUM
COUNSEL TO THE PRESIDENT
p
STEPHEN R. NEUWIRTH the
ASSOCIATE COUNSEL TO THE PRESIDENT
RE:
Prohibited Contacts with Agencies:
Follow-up Memorandum
As discussed in our memorandum of February 22, 1993
(copy attached), it is important that all members of the White
House staff recognize that there are significant restrictions on
the kinds of communications a member of the White House staff may
have with independent regulatory agencies, executive branch
agencies and their components. It is also important that senior
members of the White House staff ensure compliance with these
restrictions within their offices.
This memorandum is intended to clarify certain issues
discussed in our February 22 memorandum. The following points
are intended to supplement, not replace, our February 22
memorandum, and the February 22 memorandum should continue to be
consulted for the broader range of topics it covers.
The rules discussed below and in our original
memorandum are intended to provide guidance in the absence of any
other formalized process for White House input in regulatory
matters. As noted in our February 22 memorandum, the President
and Vice-President are presently considering certain changes to
the regulatory review process, and further instructions on
contacts with regulatory agencies may be forthcoming as those
changes are adopted. Moreover, these rules do not overturn those
existing Executive Orders that provide mechanisms for regulatory
review (particularly defining the role of the Office of
Management and Budget). The procedures set forth in those orders
can continue to be followed.
1. As a general rule, no member of the White House
staff should contact any independent agency (or its components)
with respect to any pending adjudicative or investigative matter.
It may be appropriate in certain circumstances for White House
staff to discuss rulemaking matters with an independent agency;
but prior to doing so, White House staff members must first
consult with the Counsel's office. White House staff members
should also consult with the Counsel's office before discussing
general policy matters, or administrative or legislative issues,
with an independent agency. Such consultation with the
Counsel's office can address broad areas of ongoing discussion.
(A list of independent agencies is set forth on page 2 of our
February 22 memorandum.)
2. If an independent agency contacts a member of the
White House staff for information, it is normally appropriate for
the White House staff member to respond to such an inquiry. It
is important, however, that no such discussions occur if (a) the
White House staff member (or a relative, friend or business
associate) has a personal interest in the matter at issue; (b)
the inquiry relates to a particular rulemaking matter and the
White House staff member is aware the private parties have been
lobbying the White House with respect to that matter; (c) the
inquiry relates to a particular adjudicative or investigative
matter. Furthermore, in responding to such inquiries, it is
important that White House staff members respond only to the
specific inquiry, and not have discussions that would otherwise
be prohibited without prior Counsel's office approval.
3. As a general rule, no member of the White House
staff should contact any executive branch agency (or its
components) with respect to any pending adjudicative or
investigative matter. In some circumstances, it may be
appropriate for White House staff to have discussions with
executive branch agencies concerning rulemaking; but prior to
doing so, White House staff members should first consult with the
Counsel's office. The purpose of such consultation is to ensure
that no private parties are receiving preferential treatment, or
having undue influence upon, the rulemaking process. (A list of
executive branch agencies with significant regulatory or
adjudicative functions is set forth on page 3 of our February 22
memorandum.)
4. As a general rule, no clearance is necessary
before a member of the White House staff contacts an executive
branch agency to discuss general policy matters or
administrative, executive or legislative issues. Keep in mind,
however, that such discussions become inappropriate when (a) the
White House staff member (or a relative, friend or business
associate) has a personal financial interest in the matter being
discussed or (b) the White House staff member is, or appears to
be, acting on behalf of a private party that has a financial
interest in the matter being discussed.
2
5.
White House staff should confer with the Counsel's
office before contacting independent or executive agencies with
respect to particular individuals. Moreover, White House staff
should be sensitive to the constraints placed on agencies by the
provisions of the Privacy Act of 1974.
6. Agencies in the intelligence community should not
be contacted directly without first coordinating any such
contacts with the Assistant to the President for National
Security Affairs. Where issues of individual privacy arise, the
Counsel to the President should also be contacted.
7. No member of the White House staff should contact
any procurement officer about a contract in which that staff
member has a personal financial interest or in which a relative,
friend or business associate has a financial interest. Moreover,
if contacts are made in circumstances where no such financial
interests are present, (a) such contacts should, to the extent
possible, be made after the contracting procedure is completed
and (b) the lack of such financial interest should be made known
to those receiving the communication so that unintended
inferences do not arise. To avoid even the appearance of
impropriety in procurement, the Counsel's office should be
consulted prior to any White House staff contacts on procurement
matters.
8. Special rules apply to contacts by White House
staff with the Department of Justice and with the Department of
the Treasury. Those rules are set forth on pages 5 and 6 of our
February 22 memorandum. Note that members of the White House
staff may communicate directly with either Department with
respect to policy, legislative or budgetary matters.
9. The rules governing contacts with agencies apply
fully to matters concerning airlines and the airline industry.
Private parties attempting to solicit White House support on
domestic airline regulatory matters should generally be referred
to the agency with rulemaking or regulatory authority. In
addition, White House staff members must always refuse to discuss
with interested private parties cases subject to the President's
approval under Section 801 of the Federal Aviation Act
(concerning Presidential review of international aviation
decisions). The Counsel's office should be consulted before a
member of the White House staff has discussions with parties
interested in pending regulatory matters affecting an airline or
airlines.
3
THE WHITE HOUSE
WASHINGTON
February 22, 1993
MEMORANDUM FOR WHITE HOUSE STAFF
FROM:
BERNARD W. NUSSBAUM
COUNSEL TO THE PRESIDENT
per
STEPHEN R. NEUWIRTH n
ASSOCIATE COUNSEL TO THE PRESIDENT
RE:
Prohibited Contacts with Agencies
It is important that all members of the White House staff
recognize that there are significant restrictions on the kinds of
communications a member of the White House staff may have with
independent regulatory agencies, Executive agencies, and their
components. These restrictions apply with particular force where
agencies have an adjudicative, investigative, enforcement,
intelligence, or procurement function. Violations of these
restrictions may result not only in significant embarrassment to
the individual involved and the White House, but in legal
sanctions against the individual as well.
The following discussion sets forth the restrictions
applicable when staff are in contact with an agency. It is
critical that you review this material carefully. If you have
any questions, please consult the Counsel's office before making
any contact with an agency.
A.
Contact with regulatory, investigative, intelligence, and
procurement agencies.
1.
Regulatory Agencies: The cases that come before these
agencies are of two general types: rulemaking and
adjudicative. Both normally involve high stakes, are
very complicated, and are extremely important to the
parties concerned.
There is generally no justification for any White House
involvement in particular adjudicative or rulemaking
proceedings at any agency. Therefore, as a general
rule, no member of the staff should contact (a) any
agency in regard to any adjudicative matter pending
before that agency, or (b) any independent agency in
- 2 -
regard to any rulemaking pending before that agency.
For rulemaking proceedings at Executive agencies, any
staff member considering contacting any agency about
such rulemaking should first consult with the Counsel's
office. In all events, no such contacts with Executive
agencies should be considered, nor will they be
approved, if they imply preferential treatment or undue
influence on the decision-making process.
Should you receive any inquiries with regard to pending
regulatory or rulemaking matters, you should refer the
inquiring party to the agency involved and express no
opinion on the issues raised. White House staff
members should avoid even the mere appearance of
interest or influence.
Should an occasion arise in the course of your duties
where it appears necessary to discuss general policy
matters with the staff of an independent regulatory
agency, you should first consult with the Counsel's
office to determine whether such contact would be
appropriate under the circumstances. Such clearance is
not required before contacting Executive agencies on
administrative, or purely executive or legislative,
matters. But such clearance is required where any
adjudicative, regulatory or procurement action is
involved.
The following agencies, while not an exhaustive
listing, are regarded by the Justice Department as
independent and should not be contacted by White House
staff (except for routine referrals of mail or
administrative matters) without prior clearance from
the Counsel's office:
Commodity Futures Trading Commission
Consumer Product Safety Commission
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Election Commission
Federal Maritime Commission
Federal Reserve System
Federal Trade Commission
Interstate Commerce Commission
National Credit Union Administration
National Labor Relations Board
National Transportation Safety Board
Nuclear Regulatory Commission
Occupational Safety and Health Review Commission
Securities and Exchange Commission
U.S. International Trade Commission
- 3 -
The following agencies, or components of Executive
departments or agencies, have significant regulatory or
adjudicative functions. Accordingly, they should not
be contacted with respect to the exercise of those
functions without prior clearance from the Counsel's
office (which clearance generally will not be given for
adjudicative actions and will be considered only on a
case-by-case basis for regulatory actions) :
Environmental Protection Agency
Equal Employment Opportunity Commission
Federal Aviation Administration
(Transportation)
Federal Energy Regulatory Commission
(Energy)
Federal Labor Relations Authority
Food and Drug Administration
(HHS)
Foreign Claims Settlement Commission
(Justice)
Immigration and Naturalization Service
(Justice)
Merit Systems Protection Board
Mine Safety and Health Administration
(Labor)
National Highway Traffic Safety Administration
(Transportation)
Occupational Safety and Health Administration
(Labor)
Overseas Private Investment Corporation
Pension Benefit Guaranty Corporation
Social Security Administration
(HHS)
U.S. Parole Commission
(Justice)
This list is merely illustrative. Many bureaus and
divisions of agencies have authority to issue binding
regulations or to decide specific claims, and the same
rules on prior clearance from the Counsel's office
apply for those entities as well.
You should be aware that the President and Vice-
President are presently considering certain changes to
the regulatory review process, and further instructions
on contacts with regulatory agencies may be forthcoming
as those changes are adopted.
2.
Investigative and Intelligence Agencies: As set forth
in Part B of this section, the ban on agency contacts
extends to the litigating, investigative and
- 4 -
adjudicatory divisions of the Department of Justice.
The same rules also apply to the Internal Revenue
Service, the Inspectors General, the Special Counsel of
the Merit Systems Protection Board, and similar
components of departments and agencies with authority
to investigate charges of misconduct, to conduct audits
of specific programs, or to bring complaints before
courts or other adjudicative bodies.
White House staff should also confer with the Counsel's
office before contacting agencies with respect to
particular individuals. While the White House Office
is not bound by the provisions of the Privacy Act of
1974, 5 U.S.C. Sec. 552a, Federal agencies are
restricted by the Act from disclosing information about
individuals contained in their files. The White House
staff should be sensitive to these constraints.
Agencies in the intelligence community -- including the
CIA, NSA, DIA, the Intelligence Division of the FBI,
and the intelligence components of the military
services -- report to the President through his
Assistant for National Security Affairs. These
agencies should not be contacted directly without
coordinating first with the Assistant for National
Security Affairs -- and, where issues of individual
privacy arise, with the Counsel to the President.
3.
Procurement Agencies: In recent years, the public has
become increasingly sensitive to allegations of
improper influence in the awarding of government
contracts. No member of the White House staff should
contact any procurement officer about a contract in
which he or she has a personal financial interest or in
which a relative, friend, or business associate has a
financial interest. This is true not only with respect
to calls or contacts in which influence is directly
exerted, but also as to so-called "status" calls or
other communications which might direct the attention
of the procurement officer to the fact that a White
House staff member has an interest.
There may be occasions when the White House has a
legitimate interest in information about procurement
matters. In such instances, however, any communication
should be made only by persons who have no direct
interest themselves, and whose friends or associates
have no such interests. It is advisable that the lack
of such interest be made known to those receiving the
communication so that unintended inferences do not
arise. Moreover, to the extent possible, information
- 5 -
about a procurement matter should be obtained after the
contracting procedure is completed, or should be
obtained from persons not involved in the decision-
making process. To avoid the appearance of conflict
and subsequent embarrassment, White House staff members
who feel they must contact procurement agencies with
regard to pending matters should first contact the
Office of the Counsel to the President.
B.
Communications with the Department of Justice
As we are all aware, it is imperative that there be public
confidence in the effective and impartial administration of
the laws. Political figures and others may seek White House
intervention in pending criminal and civil matters, but it
undermines the administration of justice if the White House
even appears to be interfering in such cases.
The following procedures have been established for
communications between the White House staff and the
Department of Justice.
1.
Any written or oral communication to the White House
concerning particular pending Department of Justice
investigations or criminal or civil cases must be
directed immediately to the Counsel to the President.
If appropriate and necessary, the inquiry will then be
transmitted by the Counsel's office to the Office of
the Attorney General or the Deputy Attorney General.
No other member of the White House staff should discuss
a pending criminal or civil matter with private
individuals or organizations, or with the Department of
Justice.
2.
All requests for formal legal opinions from the
Department of Justice must be directed to the Counsel
to the President, who will in turn forward such
requests to the Office of the Attorney General or to
the Assistant Attorney General in charge of the Office
of Legal Counsel.
3.
Members of the the White House staff may communicate
directly with the Department of Justice with respect to
policy, legislation and budgeting matters.
C.
Communications with the Department of the Treasury
In light of the sensitive nature of matters before some of
the component agencies of the Department of the Treasury --
such as the Office of Comptroller of the Currency, the
Internal Revenue Service, the Bureau of Alcohol, Tobacco and
- 6 -
Firearms, and the Secret Service -- the following procedures
have been established for communications between the White
House staff and the Treasury Department:
1.
Any written or oral communication to the White House
concerning pending investigations or cases must be
directed to the Counsel to the President. If
appropriate and necessary, the inquiry will then be
transmitted to the Office of the Deputy Secretary of
the Treasury.
2.
All inquiries which concern or may concern rulings on
pending applications, regulatory actions or
adjudications must likewise be directed to the Counsel
to the President for transmittal, if appropriate and
necessary, to the Deputy Secretary (although it is
unlikely that inquiries with respect to adjudications
or to so-called "private" rulings will be considered
appropriate or necessary).
3.
Other than for routine "tax checks" in personnel
matters, requests for tax return information generally
will not be favored. All requests involving tax return
information must be directed to the Counsel to the
President. If the information is deemed essential and
if permitted by the Internal Revenue Code, such
requests will be forwarded to the Deputy Secretary of
the Treasury (except for routine "tax checks", which
will be processed under our existing procedures).
4.
Requests for information or statistical data of a
routine nature and comments regarding policy,
legislation and budgeting may continue to be handled
directly by White House staff and appropriate Treasury
officials.
D.
Procedures Governing Presidential Review of
International Aviation Decisions
Executive Order 12547 (February 6, 1986) sets out procedures
for Presidential review of international aviation decisions
pursuant to Section 801 of the Federal Aviation Act, 49
U.S.C. Sec. 1461. Section 5 of the Executive Order
prohibits individuals within the Executive Office of the
President from discussing Section 801 cases -- those
involving international aviation -- with outside parties,
and requires such individuals to refer written
communications on Section 801 cases from outside parties to
the appropriate office outside the Executive Office of the
President. White House staff members should refuse to
discuss with interested private parties cases subject to the
- 7 -
President's approval under Section 801, and should refer any
written communications concerning such cases to the
Counsel's office for appropriate referral.
Purely domestic aviation decisions not subject to
Presidential approval under Section 801 would typically be
governed by the general policy against White House
involvement in particular adjudicative matters. You should
consult with the Counsel's office before discussing such
cases with interested private parties or Government
agencies.
*
*
*
The matters covered in this memorandum are intended only to
improve the internal management of the Executive Branch and are
not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any person.
Please cooperate in observing the guidelines discussed
above. If you have any questions regarding these procedures,
please contact the Counsel's office.
THE WHITE HOUSE
WASHINGTON
March 1, 1993
MEMORANDUM FOR WHITE HOUSE OFFICE STAFF
FROM:
BERNARD NUSSBAUM
COUNSEL TO THE PRESIDENT
CHERYL MILLS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Meals, Receptions, Dinners, and Events
This memorandum provides general guidance on the propriety of
accepting meals and invitations to receptions, dinners and other
events from outside domestic sources. The rules governing the
Standards of Conduct for Executive Branch Employees are contained
in 5 C.F.R. Part 2635, which were issued by the Office of
Government Ethics ("OGE"). These rules are provided at every
ethics briefing for White House Office employees. Additional
copies of the rules are available from Counsel's Office (OEOB,
Room 128).
Under the ethics rules, White House employees may not accept a
gift in return for being influenced in the performance of an
official act nor may he or she solicit or coerce the offering of
a gift. Moreover, White House employees may not solicit or
accept a gift:
1. from a prohibited source; or
2. given because of the employee's official position.
A gift includes "any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. It includes services as well as gifts of training,
transportation, local travel, lodgings and meals." 5 C.F.R.
S 2635.203.
A prohibited source includes anyone who:
1. is seeking official action by the White House Office;
2. does business or seeks to do business with the White House
Office;
3. conducts activities regulated by the White House Office;
4. has interests that may be substantially affected by the
performance or nonperformance of your official duties; or
5. is an organization composed of members who can be described
by the criteria set forth immediately above.
Under this policy, we generally are prohibited from accepting
meals (dinners, tickets to events) from virtually all sources --
including, among others, contractors, regulated business groups,
and litigating parties.
With regard to the press, a 1987 OGE opinion determined that
reporters seeking information from, or an interview or ongoing
working relationship with, a government employee because of the
employee's official position are prohibited sources for the
official. Thus, members of the press are prohibited sources. As
a general rule, the 1987 OGE opinion stated that any individual
or organization that offers free food or refreshments to a
government employee simply because of the employee's official
position is considered a prohibited source.
Exceptions
There are exceptions under which gifts of meals or entertainment
--invitations to events, dinners, receptions and parties -- may
be accepted from a prohibited source, provided that doing so does
not otherwise create an appearance of impropriety. These
exceptions are summarized below:
a) Gifts of $20 or Less. You may accept an unsolicited
gift (other than cash or its equivalent) valued at $20 or less
per occasion. Typically, a two-hour Washington reception for
which no attendance fee is charged will meet this exception.
Although, you may accept a meal, book, or other item valued at
$20 or less, you may not go to dinner and pay for the amount by
which the dinner exceeds the $20 limitation. You also may not
keep any other type of gift valued over $20 by paying the
difference between the gift's market value and the $20
limitation. Moreover, you may not accept more than an aggregate
amount of $50 in gifts under this exception from any single
person in a calendar year.
b) Gift Based on a Personal Relationship. You may accept
an unsolicited gift from a prohibited source where it is clear
that the gift is motivated by a family relationship or close
personal friendship rather than your official position. In
assessing whether a gift meets this exception, the history of
your relationship (does it predate your government service?) and
the source of payment are important factors.
2
c) Gifts Based on Outside Business or Employment
Relationships. You may accept meals, lodging, transportation and
other benefits from a prohibited source that results from the
business or employment relationships of a spouse, provided it is
clear that the gift has not been enhanced because of your
official status. Thus, you can attend the opera with your spouse
(or significant other) where his or her employer provides him or
her with tickets to attend. You also may accept such gifts that
result from your own outside business or employment activities
provided it is clear that such gifts also have not been offered
or enhanced because of your official position. Note, however,
that all full-time White House officials paid above $27,789 are
prohibited from receiving income from any outside employment
activities.
d) Employment-Related Speaking Engagements. When you are
speaking or presenting information on behalf of the White House
Office in your official capacity, you may accept meals and the
offer of free attendance at a conference, meeting or event on the
day of your speech or presentation when provided by the sponsor
of the event.
e) Widely-Attended-Gatherings. You may accept free
attendance and meals offered by the sponsor of a widely-
attended-gathering of mutual interest to a number of parties,
provided Counsel's Office has determined it is in the interest of
the White House Office that you attend. Therefore, where the
sponsor of a dinner (e.g., the Gridiron Association) offers you
free attendance, you can attend if Counsel Office's determines it
is in the White House's interest that you attend. You cannot
attend this dinner as the guest of another organization that has
paid for your ticket.
f) Gifts from a Political Organization. Those White House
officials who are exempt from the Hatch Act may accept meals,
lodgings, transportation and other benefits, including free
attendance at events, when provided by a political organization
pursuant to 26 U.S.C. $ 527(e) (e.g., the Democratic National
Committee, campaign committees for state, local and federal
candidates).
g) Social Invitations from Non-Prohibited Sources. You can
accept food and entertainment at a social event attended by
several persons where the person is not a prohibited source and
no fee is charged to any in attendance.
Assuming that the event, dinner or reception you would like to
attend does meet one of the above exceptions, you always should
consider whether your attendance at the event nevertheless would
lead a reasonable person to question your impartiality in
official matters affecting the host, attendees, etc. Where such
3
an appearance question could be raised, you should consider
foregoing the event.
Finally, please remember that if you are required to file a
public financial disclosure form, all gifts (including meals that
are not received as personal hospitality) valued over $250 from
any one source (aggregating gifts over $100) must be reported
annually on your public disclosure form.
To summarize, except in limited circumstances, it generally is
meal or refreshments from any donor with government business. If
prudent for White House Office staff to avoid accepting a free
the meal, event, dinner or reception proffered by a prohibited
source does not meet any of the above exceptions, you may not
attend the event consistent with the Standards of Ethical
Conduct. You should perform your own analysis of an event you
wish to attend prior to contacting Counsel's Office to seek
advice. If, after careful evaluation in light of this
memorandum, you have difficulty judging a particular situation,
please contact Counsel's Office.
4
THE WHITE HOUSE
WASHINGTON
March 1, 1993
MEMORANDUM FOR WHITE HOUSE OFFICE STAFF
FROM:
BERNARD NUSSBAUM
COUNSEL TO THE PRESIDENT
CHERYL MILLS you
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Meals, Receptions, Dinners, and Events
This memorandum provides general guidance on the propriety of
accepting meals and invitations to receptions, dinners and other
events from outside domestic sources. The rules governing the
Standards of Conduct for Executive Branch Employees are contained
in 5 C.F.R. Part 2635, which were issued by the Office of
Government Ethics ("OGE"). These rules are provided at every
ethics briefing for White House Office employees. Additional
copies of the rules are available from Counsel's Office (OEOB,
Room 128).
Under the ethics rules, White House employees may not accept a
gift in return for being influenced in the performance of an
official act nor may he or she solicit or coerce the offering of
a gift. Moreover, White House employees may not solicit or
accept a gift:
1. from a prohibited source; or
2. given because of the employee's official position.
A gift includes "any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. It includes services as well as gifts of training,
transportation, local travel, lodgings and meals." 5 C.F.R.
§ 2635.203.
A prohibited source includes anyone who:
1. is seeking official action by the White House Office;
2. does business or seeks to do business with the White House
Office;
3. conducts activities regulated by the White House Office;
4. has interests that may be substantially affected by the
performance or nonperformance of your official duties; or
5. is an organization composed of members who can be described
by the criteria set forth immediately above.
Under this policy, we generally are prohibited from accepting
meals (dinners, tickets to events) from virtually all sources --
including, among others, contractors, regulated business groups,
and litigating parties.
With regard to the press, a 1987 OGE opinion determined that
reporters seeking information from, or an interview or ongoing
working relationship with, a government employee because of the
employee's official position are prohibited sources for the
official. Thus, members of the press are prohibited sources. As
a general rule, the 1987 OGE opinion stated that any individual
or organization that offers free food or refreshments to a
government employee simply because of the employee's official
position is considered a prohibited source.
Exceptions
There are exceptions under which gifts of meals or entertainment
--invitations to events, dinners, receptions and parties -- may
be accepted from a prohibited source, provided that doing so does
not otherwise create an appearance of impropriety. These
exceptions are summarized below:
a) Gifts of $20 or Less. You may accept an unsolicited
gift (other than cash or its equivalent) valued at $20 or less
per occasion. Typically, a two-hour Washington reception for
which no attendance fee is charged will meet this exception.
Although, you may accept a meal, book, or other item valued at
$20 or less, you may not go to dinner and pay for the amount by
which the dinner exceeds the $20 limitation. You also may not
keep any other type of gift valued over $20 by paying the
difference between the gift's market value and the $20
limitation. Moreover, you may not accept more than an aggregate
amount of $50 in gifts under this exception from any single
person in a calendar year.
b) Gift Based on a Personal Relationship. You may accept
an unsolicited gift from a prohibited source where it is clear
that the gift is motivated by a family relationship or close
personal friendship rather than your official position. In
assessing whether a gift meets this exception, the history of
your relationship (does it predate your government service?) and
the source of payment are important factors.
2
c) Gifts Based on Outside Business or Employment
Relationships. You may accept meals, lodging, transportation and
other benefits from a prohibited source that results from the
business or employment relationships of a spouse, provided it is
clear that the gift has not been enhanced because of your
official status. Thus, you can attend the opera with your spouse
(or significant other) where his or her employer provides him or
her with tickets to attend. You also may accept such gifts that
result from your own outside business or employment activities
provided it is clear that such gifts also have not been offered
or enhanced because of your official position. Note, however,
that all full-time White House officials paid above $27,789 are
prohibited from receiving income from any outside employment
activities.
d) Employment-Related Speaking Engagements. When you are
speaking or presenting information on behalf of the White House
Office in your official capacity, you may accept meals and the
offer of free attendance at a conference, meeting or event on the
day of your speech or presentation when provided by the sponsor
of the event.
e) Widely-Attended-Gatherings. You may accept free
attendance and meals offered by the sponsor of a widely-
attended-gathering of mutual interest to a number of parties,
provided Counsel's Office has determined it is in the interest of
the White House Office that you attend. Therefore, where the
sponsor of a dinner (e.g., the Gridiron Association) offers you
free attendance, you can attend if Counsel Office's determines it
is in the White House's interest that you attend. You cannot
attend this dinner as the guest of another organization that has
paid for your ticket.
f) Gifts from a Political Organization. Those White House
officials who are exempt from the Hatch Act may accept meals,
lodgings, transportation and other benefits, including free
attendance at events, when provided by a political organization
pursuant to 26 U.S.C. § 527 (e) (e.g., the Democratic National
Committee, campaign committees for state, local and federal
candidates).
g) Social Invitations from Non-Prohibited Sources. You can
accept food and entertainment at a social event attended by
several persons where the person is not a prohibited source and
no fee is charged to any in attendance.
Assuming that the event, dinner or reception you would like to
attend does meet one of the above exceptions, you always should
consider whether your attendance at the event nevertheless would
lead a reasonable person to question your impartiality in
official matters affecting the host, attendees, etc. Where such
3
an appearance question could be raised, you should consider
foregoing the event.
Finally, please remember that if you are required to file a
public financial disclosure form, all gifts (including meals that
are not received as personal hospitality) valued over $250 from
any one source (aggregating gifts over $100) must be reported
annually on your public disclosure form.
To summarize, except in limited circumstances, it generally is
prudent for White House Office staff to avoid accepting a free
meal or refreshments from any donor with government business. If
the meal, event, dinner or reception proffered by a prohibited
source does not meet any of the above exceptions, you may not
attend the event consistent with the Standards of Ethical
Conduct. You should perform your own analysis of an event you
wish to attend prior to contacting Counsel's Office to seek
advice. If, after careful evaluation in light of this
memorandum, you have difficulty judging a particular situation,
please contact Counsel's Office.
4
01-14-1993 15:09
501 372 1215
CLINTON FOR PRESIDENT
P.03
For Immediate Release:
Contact Dee Dee Myers
January 14, 1992
(501)-399-7175
THE WHITE HOUSE STAFF
January 14, 1993
CHIEF-OF-STAFF
Thomas F. McLarty, Chief-of-Staff
Mark Gearan, Assistent to the President and Deputy Chief-of-Staff
David Watkins, Assistant to the President for Office of Administration and Management
Christine Varney, Deputy Assistant to the President and Cabinet Secretary
OFFICE OF PERSONNEL
Bruce Lindsey, Assistant to the President and Senior Advisor and Director, Office of Personnel
STAFF SECRETARY
John Podesta, Assistant to the President and Staff Secretary
DEPUTY ASSISTANT TO THE PRESIDENT FOR APPOINTMENTS AND SCHEDULING
Nancy Hemreich, Deputy Assistant to the President for Appointments and Scheduling
NATIONAL SERVICE
Eli Segal, Assistant to the President and Director of the Office of National Service
OFFICE OF THE COUNSEL
Bernie Nussbaum, Assistant to the President and Counsel
Vince Foster, Deputy Assistant to the President and Deputy Counsel to the President
Ron Klain, Associate Counsel to the President
Cheryl Mills, Associate Counsel to the President
OFFICE OF THE FIRST LADY
Maggie Williams, Assistant to the President and Chief-of-Staff, Mrs. Clinton
Melanne Verveer, Deputy Assistant to the President and Deputy Chief-of-Staff
Lisa Caputo, Deputy Assistant to the President and Press Secretary
Anne Stock, Special Assistant to the President and Social Secretary
Patti Solls, Special Assistant to the President and Director of Scheduling for the First Lady
DOMESTIC POLICY COUNCIL
Carol Rasco, Assistant to the President for Domestic Policy
Bruce Reed, Deputy Assistant to the President for Domestic Policy
William Galston, Deputy Assistant to the President for Domestic Policy
1
01-14-1993 15:08
501 372 1215
CLINTON FOR PRESIDENT
P.01
Shirley Sagawa, Special Assistant to the President for Domestic policy
NATIONAL ECONOMIC COUNCIL
Bob Rubin, Assistant to the President for Economic Policy
Gene Sperling, Deputy Assistant to the President for Economic Policy
W. Bowman Cutter, Deputy Assistant to the President for Economic Policy
NATIONAL SECURITY COUNCIL
Anthony Lake, Assistant to the President for National Security Affairs
Sandy Berger, Deputy Assistant to the President for National Security Affairs
Nancy Soderberg, Special Assistant to the President for National Security Affairs and Staff
Director, National Security Council
SENIOR ADVISOR FOR POLICY DEVELOPMENT
ira Magaziner
OFFICE OF COMMUNICATIONS
George Stephanopoulos, Assistant to the President and Director of Communications
Dee Dee Myers, Deputy Assistant to the President and Press Secretary
Ricki Seidman, Deputy Assistant to the President and Deputy Director of Communications
David Dreyer, Deputy Assistant to the President and Director for Planning
Jeff Eller, Deputy Assistant to the President and Director for Media Affairs
Bob Boorstin, Special Assistant to the President for Policy Coordination
Michael Waldman, Special Assistant to the President for Policy Coordination
David Kusnet, Special Assistant to the President for Speechwriting
Anne Walker, Spacial Assistant to the President and Director of Research
Keith Boykin, Special Assistant to the President and Director of News Analysis
LEGISLATIVE AFFAIRS
Howard Paster, Assistant to the President and Director for Legislative Affairs
Susan Brophy, Deputy Assistant to the President and Deputy Director of Legislative Affairs
Steve Richetti, Special Assistant to the President for Legislative Affairs
SCHEDULING AND ADVANCE
Marcia Hale, Assistant to the President and Director of Scheduling and Advance
Isabelle Rodriguez Tapia, Deputy Assistant to the President and Deputy Director
PUBLIC LIAISON
Alexis Herman, Assistant to the President and Director of Public Liaison
Dorls Matsul, Deputy Assistant to the President and Deputy Director of Public Liaison
Mike Lux, Special Assistant to the President for Public Liaison
Amy Zisook, Special Assistant to the President for Public Liaison
POLITICAL AFFAIRS
Rahm Emanuel, Assistant to the President and Director of Political Affairs
Joan Baggett, Deputy Assistant to the President and Deputy Director of Political Affairs
Elaine Welss, Special Assistant to the President of Political Affairs
2
01-14-1993 15:09
501 372 1215
CLINTON FOR PRESIDENT
P.02
INTERGOVERNMENTAL AFFAIRS
Regine Montoya, Assistant to the President and Director for Intergovernmental Affairs
Jeff Watson, Deputy Assistant to the President and Deputy Director of Intergovernmental
Affairs
OFFICE OF THE VICE PRESIDENT
Roy Neel, Chief-of-Staff
Thurgood Marshall, Jr., Legislative Affairs Coordinator
Greg Simon, Domestic Policy Advisor to the Vice-President
Maria Romash, Communications Director
Leon Fuerth, Assistant to the Vice-President for National Security Affairs
Jack Quinn, Counsel to the Vice President
Katie McGinty, Special Assistant to the President for the Environment
-30-30-30-
3
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"ocrText": "FOIA Number: 2008-0699-F\nFOIA\nMARKER\nThis is not a textual record. This is used as an\nadministrative marker by the William J. Clinton\nPresidential Library Staff.\nCollection/Record Group:\nClinton Presidentia! Records\nSubgroup/Office of Origin:\nSpeechwriting\nSeries/Staff Member:\nCarter Wilkie\nSubseries:\nOA/ID Number:\n4273\nFolderID:\nFolder Title:\nAdministrative Instructions [2]\nStack:\nRow:\nSection:\nShelf:\nPosition:\nS\n91\n5\n8\n3\nWithdrawal/Redaction Sheet\nClinton Library\nDOCUMENT NO.\nSUBJECT/TITLE\nDATE\nRESTRICTION\nAND TYPE\n001. memo\nre: White House security procedures (4 pages)\n04/26/1993\nP6/b(6), b(7)(C), b(7)(E),\nb(7)(F)\n002a. memo\nre: Policies and procedures for use on White House grounds (4 pages)\n06/07/1993\nb(7)(E)\n002b. diagram\nre: White House facilities (1 page)\nn.d.\nb(7)(E)\n003. memo\nre: Information for White House passholders (1 page)\nn.d.\nP6/b(6), b(7)(C), b(7)(E),\nb(7)(F)\nCOLLECTION:\nClinton Presidential Records\nSpeechwriting\nCarter Wilkie\nOA/Box Number: 4273\nFOLDER TITLE:\nAdministrative Instructions [2]\n2008-0699-F\nim486\nRESTRICTION CODES\nPresidential Records Act - |44 U.S.C. 2204(a)]\nFreedom of Information Act - 15 U.S.C. 552(b)]\nP1 National Security Classified Information [(a)(1) of the PRA]\nb(1) National security classified information [(b)(1) of the FOIA]\nP2 Relating to the appointment to Federal office |(a)(2) of the PRAJ\nb(2) Release would disclose internal personnel rules and practices of\nP3 Release would violate a Federal statute [(a)(3) of the PRA]\nan agency [(b)(2) of the FOIA]\nP4 Release would disclose trade secrets or confidential commercial or\nb(3) Release would violate a Federal statute [(b)(3) of the FOIA]\nfinancial information |(a)(4) of the PRAJ\nb(4) Release would disclose trade secrets or confidential or financial\nP5 Release would disclose confidential advice between the President\ninformation [(b)(4) of the FOIA]\nand his advisors, or between such advisors [a)(5) of the PRAJ\nb(6) Release would constitute a clearly unwarranted invasion of\nP6 Release would constitute a clearly unwarranted invasion of\npersonal privacy |(b)(6) of the FOIA]\npersonal privacy [(a)(6) of the PRA]\nb(7) Release would disclose information compiled for law enforcement\npurposes [(b)(7) of the FOIA]\nC. Closed in accordance with restrictions contained in donor's deed\nb(8) Release would disclose information concerning the regulation of\nof gift.\nfinancial institutions |(b)(8) of the FOIA]\nPRM. Personal record misfile defined in accordance with 44 U.S.C.\nb(9) Release would disclose geological or geophysical information\n2201(3).\nconcerning wells [(b)(9) of the FOIA]\nRR. Document will be reviewed upon request.\nWithdrawal/Redaction Marker\nClinton Library\nDOCUMENT NO.\nSUBJECT/TITLE\nDATE\nRESTRICTION\nAND TYPE\n001. memo\nre: White House security procedures (4 pages)\n04/26/1993\nP6/b(6), b(7)(C), b(7)(E),\nb(7)(F)\n:\nCOLLECTION:\nClinton Presidential Records\nSpeechwriting\nCarter Wilkie\nOA/Box Number: 4273\nFOLDER TITLE:\nAdministrative Instructions [2]\n2008-0699-F\njm486\nRESTRICTION CODES\nPresidential Records Act - |44 U.S.C. 2204(a)]\nFreedom of Information Act - 15 U.S.C. 552(b)]\nP1 National Security Classified Information |(a)(1) of the PRA]\nb(1) National security classified information [(b)(1) of the FOIA]\nP2 Relating to the appointment to Federal office [(a)(2) of the PRA|\nb(2) Release would disclose internal personnel rules and practices of\nP3 Release would violate a Federal statute |(a)(3) of the PRA]\nan agency [(b)(2) of the FOIA]\nP4 Release would disclose trade secrets or confidential commercial or\nb(3) Release would violate a Federal statute [(b)(3) of the FOIA]\nfinancial information [(a)(4) of the PRA|\nb(4) Release would disclose trade secrets or confidential or financial\nP5 Release would disclose confidential advice between the President\ninformation |(b)(4) of the FOIA]\nand his advisors, or between such advisors [a)(5) of the PRA]\nb(6) Release would constitute a clearly unwarranted invasion of\nP6 Release would constitute a clearly unwarranted invasion of\npersonal privacy [(b)(6) of the FOIA]\npersonal privacy |(a)(6) of the PRA]\nb(7) Release would disclose information compiled for law enforcement\npurposes [(b)(7) of the FOIA|\nC. Closed in accordance with restrictions contained in donor's deed\nb(8) Release would disclose information concerning the regulation of\nof gift.\nfinancial institutions [(b)(8) of the FOIA]\nPRM. Personal record misfile defined in accordance with 44 U.S.C.\nb(9) Release would disclose geological or geophysical information\n2201(3).\nconcerning wells [(b)(9) of the FOIA]\nRR. Document will be reviewed upon request.\nTHE WHITE HOUSE\nWASHINGTON\nMarch 30, 1993\nMEMORANDUM FOR ALL WHITE HOUSE OFFICE,\nOFFICE OF THE VICE PRESIDENT AND\nOFFICE OF POLICY DEVELOPMENT EMPLOYEES\nFROM:\nDAVID WATKINS\nQ.\nwath\nASSISTANT TO THE PRESIDENT FOR\nMANAGEMENT AND ADMINISTRATION\nSUBJECT:\nVacation and Sick Leave Policy\nOutlined below is a summary of the vacation and sick leave policy\nfor all White House Office (WHO), Office of the Vice President\n(OVP), and Office of Policy Development (OPD) employees. For\nmore details on any of the policies call Vicki Reider of the\nOffice of Administration (OA) at extension 2260.\nANNUAL LEAVE (VACATION)\n1.\nFull-time federal employees (other than\nCommissioned Officers) accrue leave each\npay period. The amount of leave you accrue\ndepends on how long you have worked for the\nfederal government. If you have worked for\nthe government:\na.\nLess than 3 years, you accrue 4 hours\nof leave per pay period, for an annual\ntotal of 2.5 weeks (13 working days).\nb.\nBetween 3 years and 14 years, you accrue\n6 hours of leave per pay period for an\nannual total of 4 weeks (20 working\ndays).\nC.\n15 or more years, you accrue 8 hours of\nleave per pay period for an annual total\nof over 5 weeks (26 working days).\nNOTE: Part-time employees accrue leave at\na different rate than full-time employees.\n2.\nAn employee may accumulate up to 240 hours (30\ndays) of annual leave and carry that accumulation\nover from year to year. Annual leave accumulated\nin excess of 240 hours will be forfeited at the\nend of the year. Forfeited leave cannot be\nrestored except under exceptional circumstances.\n- 2 -\n3.\nAny leave approved in excess of the amount of\nannual leave remaining to your credit will be\nconsidered leave without pay unless your\nsupervisor approves advanced leave (taking leave\nyou have not yet earned but anticipate earning).\n4.\nCommissioned Officers are allowed, with the\napproval of their department head, up to 3 weeks\n(15 working days) of compensatory time per year\nwith no accrual by pay period or year to year\ncarryover.\n5.\nWeekends and federal holidays are not part of the\nnormal working schedule and no leave need be taken\nfor these days.\n6. Staff must submit a request for leave to their\nsupervisor either by personal memorandum or by\ncompleting an Application for Leave (see\nattached)\n7.\nUpon approval, the staff member must notify the\noffice's designated timekeeper of their impending\nleave.\n8.\nStaff can take leave at any time during the year.\nHowever, you are encouraged to take accrued leave,\nwhenever possible, during the same time period the\nPresident and First Family are vacationing so as\nnot to hinder the functioning of the WHO.\nSICK LEAVE\n1.\nAll full-time employees, regardless of their\nlength of service, will earn sick leave at the\nrate of 4 hours for each full pay period for an\nannual total of 2.5 weeks (13 working days).\n2.\nAccumulated sick leave will be recredited to an\nemployee if the employee is reemployed with the\ngovernment within 3 years after separation.\n3.\nSick leave taken in excess of the amount remaining\nin an employee's credit will be automatically\ncharged to annual leave and then to leave without\npay when the annual leave balance is exhausted.\nThis is not true if your supervisor approved\nadvanced sick leave.\nWithdrawal/Redaction Marker\nClinton Library\nDOCUMENT NO.\nSUBJECT/TITLE\nDATE\nRESTRICTION\nAND TYPE\n002a. memo\nre: Policies and procedures for use on White House grounds (4 pages)\n06/07/1993\nb(7)(E)\nCOLLECTION:\nClinton Presidential Records\nSpeechwriting\nCarter Wilkie\nOA/Box Number: 4273\nFOLDER TITLE:\nAdministrative Instructions [2]\n2008-0699-F\njm486\nRESTRICTION CODES\nPresidential Records Act |44 U.S.C. 2204(a)]\nFreedom of Information Act - 15 U.S.C. 552(b)]\nP1 National Security Classified Information [(a)(1) of the PRA]\nb(1) National security classified information |(b)(1) of the FOIA)\nP2 Relating to the appointment to Federal office [(a)(2) of the PRA]\nb(2) Release would disclose internal personnel rules and practices of\nP3 Release would violate a Federal statute [(a)(3) of the PRA]\nan agency |(b)(2) of the FOIA]\nP4 Release would disclose trade secrets or confidential commercial or\nb(3) Release would violate a Federal statute [(b)(3) of the FOIA)\nfinancial information |(a)(4) of the PRA)\nb(4) Release would disclose trade secrets or confidential or financial\nP5 Release would disclose confidential advice between the President\ninformation |(b)(4) of the FOIA)\nand his advisors, or between such advisors [a)(5) of the PRA|\nb(6) Release would constitute a clearly unwarranted invasion of\nP6 Release would constitute a clearly unwarranted invasion of\npersonal privacy |(b)(6) of the FOIA]\npersonal privacy [(a)(6) of the PRA]\nb(7) Release would disclose information compiled for law enforcement\npurposes |(b)(7) of the FOIA]\nC. Closed in accordance with restrictions contained in donor's deed\nb(8) Release would disclose information concerning the regulation of\nof gift.\nfinancial institutions |(b)(8) of the FOIA]\nPRM. Personal record misfile defined in accordance with 44 U.S.C.\nb(9) Release would disclose geological or geophysical information\n2201(3).\nconcerning wells |(b)(9) of the FOIA]\nRR. Document will be reviewed upon request.\nWithdrawal/Redaction Marker\nClinton Library\nDOCUMENT NO.\nSUBJECT/TITLE\nDATE\nRESTRICTION\nAND TYPE\n002b. diagram\nre: White House facilities (1 page)\nn.d.\nb(7)(E)\nCOLLECTION:\nClinton Presidential Records\nSpeechwriting\nCarter Wilkie\nOA/Box Number: 4273\nFOLDER TITLE:\nAdministrative Instructions [2]\n2008-0699-F\njm486\nRESTRICTION CODES\nPresidential Records Act - [44 U.S.C. 2204(a)]\nFreedom of Information Act - |5 U.S.C. 552(b)|\nP1 National Security Classified Information [(a)(1) of the PRA|\nb(1) National security classified information [(b)(1) of the FOIA]\nP2 Relating to the appointment to Federal office [(a)(2) of the PRAJ\nb(2) Release would disclose internal personnel rules and practices of\nP3 Release would violate a Federal statute ((a)(3) of the PRA]\nan agency [(b)(2) of the FOIA]\nP4 Release would disclose trade secrets or confidential commercial or\nb(3) Release would violate a Federal statute |(b)(3) of the FOIA]\nfinancial information |(a)(4) of the PRAJ\nb(4) Release would disclose trade secrets or confidential or financial\nP5 Release would disclose confidential advice between the President\ninformation |(b)(4) of the FOIA]\nand his advisors, or between such advisors [a)(5) of the PRA]\nb(6) Release would constitute a clearly unwarranted invasion of\nP6 Release would constitute a clearly unwarranted invasion of\npersonal privacy |(b)(6) of the FOIA]\npersonal privacy |(a)(6) of the PRA]\nb(7) Release would disclose information compiled for law enforcement\npurposes |(b)(7) of the FOIA]\nC. Closed in accordance with restrictions contained in donor's deed\nb(8) Release would disclose information concerning the regulation of\nof gift.\nfinancial institutions [(b)(8) of the FOIA]\nPRM. Personal record misfile defined in accordance with 44 U.S.C.\nb(9) Release would disclose geological or geophysical information\n2201(3).\nconcerning wells |(b)(9) of the FOIA]\nRR. Document will be reviewed upon request.\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 25, 1993\nMichael will Xeith Own\nEdder\nMEMO FOR ALL ASSISTANTS\nFROM:\nJOHN D. PODESTA\nGuita\nAssistants to the President\nand Staff Secretary\nSUBJECT: MATERIALS FOR THE PRESIDENT\nIt would be appreciated if you would have your staff begin using\nthe attached guidelines when preparing materials for the\nPresident.\nThank you.\nIdentify caller\nAttachment I\nRm28\nSAMPLE - BRIEFING PAPER\n(Format)\nTHE WHITE HOUSE\nWASHINGTON\nDATE (centered)\nMEETING WITH NAME OF INDIVIDUAL (centered)\nDATE:\nLOCATION:\nTIME:\nFrom: (Name of Senior Staff Person responsible\nfor meeting and person's signature/initials)\n1. PURPOSE\nState purpose oi meeting. Paper should be written as if you were talking to the\nPresident - in 2nd person (i.e. \"you will meet with\n\").\nII. BACKGROUND\nState relevant context in which meeting arises, issues of special concern to parties,\nas appropriate, previous participation, etc.\nIII. PARTICIPANTS\nList all participants including White House Staff.\nIV. PRESS PLAN\nSpecify press coverage, photo opportunity, no press coverage, etc.\nV. SEQUENCE OF EVENTS\nOutline meeting agenda and President's role using bullet points.\nVI. REMARKS\nTo be provided by Speechwriters,\nTalking points attached, or\nNone required\nAttachment:\nTalking Points as appropriate\n8\n(IMPORTANT NOTE: Briefing memoranda (with 16 copies] must be delivered to the Staff\nSecretary by 3:00 p.m. the day before the scheduled meeting or event.)\n4:30\nD.3\nAttachment II\nSAMPLE - DECISION MEMO\n(Format)\nTHE WHITE HOUSE\nWASHINGTON\nDATE (centered)\nMEMORANDUM FOR THE PRESIDENT\nFROM:\nSUBJECT:\nI. ACTION-FORCING EVENT: (The nature of the event requiring or suggesting action -\nand the degree of flexibility associated with it.)\nII. BACKGROUND/ANALYSIS: routline history, current status, possible options and\nimpacts -\nfinancial, constituent or\nother public policy considerations.)\nIII. RECOMMENDATION: (Indicate single recommendation or list options.)\nIV. DECISION:\nApprove\nApprove as amended\nReject\nNo action\nNOTE: Where necessary, tabs may be attached to Decision Memoranda. However, as in\nthe case of other written materials directed to the President, brevity is important.\nSeldom should a Decision Memorandum be longer than one or two pages, and\ntabs, whenever possible, should be limited to five or fewer.\nD-5\nAttachment III\nSAMPLE - SIGNATURE MEMORANDUM\n(Format)\nTHE WHITE HOUSE\nWASHINGTON\nDATE (centered)\nMEMORANDUM FOR THE PRESIDENT\nFROM:\nSUBJECT:\nExample - Forwarded for your approval and signature is a nomination containing the\nnames of 266 officers for promotion and original appointment in the Navy.\nThis nomination has been staffed by the Secretary of the Navy and approved by the\nSecretary of Defense.\nRecommendation\nThat you sign the nomination attached at Tab A.\nD-7\nAttachment IV\nSAMPLE - INFORMATION MEMO\n(Format)\nTHE WHITE HOUSE\nWASHINGTON\nDATE (centered)\nINFORMATION\nMEMORANDUM FOR THE PRESIDENT\nFROM:\nSUBJECT:\n1. SUMMARY\n(Three (3) sentences or less)\nII. DISCUSSION\n(Please be concise)\nNOTE: Information Memoranda should not raise issues for decision.\nD.9\nAttachment V\nTELEPHONE CALL RECOMMENDATION\n(Format)\nTHE WHITE HOUSE\nWASHINGTON\nDATE (centered)\nRECOMMENDED TELEPHONE CALL\nTO:\nName and telephone number of person you recommend be\ncalled with brief identifying information only when you\nsuspect name will be unfamiliar to the President.\nDATE:\nDate and time the President should make the call.\nRECOMMENDED BY:\nYour name and if recommendation has concurrence of\nanother staff member, so state.\nPURPOSE:\nPreferably one sentence: two at most.\nBACKGROUND:\nWhatever background information you feel will be helpful to\nthe President. Usually 3-4 short sentences will suffice to set\nthe stage and give substance to talking points. Also, make\nsure that no letter has been sent by Correspondence for the\nsame purpose as the call.\nTOPICS OF DISCUSSION:\n1. (The specific points that you recommend be made\nduring the conversation)\n2.\n3.\n4.\nCONTACT PERSON AND\nTELEPHONE NUMBER(S):\nDATE OF SUBMISSION:\nACTION:\nD.11\nTHE WHITE HOUSE\nWASHINGTON\nJanuary 22, 1993\nMEMORANDUM FOR SENIOR STAFF\nFROM:\nJOHN D. PODESTA\nAssistant to the President\nand Staff Secretary JOP\nSUBJECT:\nPAPERFLOW\nThis memo sets forth the procedure for all White House staff to\nfollow in sending paper to the President for signature or review.\nIt is an initial cut at establishing a smoothly working paper\nflow system and I expect that it will require some refinement.\nAt the outset, it is important to emphasize that all paper going\nto the President should come through the Staff Secretary (with\ncertain exceptions for the NSC). All paper leaving the\nPresident's office should go back to the Staff Secretary to\nensure that decisions will be implemented, the appropriate people\nnotified, and good records maintained.\nDaily Briefing Book\nMarcia Hale will be responsible for putting together the\nPresident's schedule and informing the appropriate offices what\ntheir responsibilities are for producing background memos,\ntalking points, etc. (Full speeches are discussed below.)\nMarcia will distribute a draft of the next day's schedule at\nnoon. All offices will be responsible for forwarding briefing\nbook materials to my office not later than 4:30 pm the night\nbefore the day in question.\nMy office will review such materials for quality, completeness,\netc. and produce the President's book. Briefing books will be\ndistributed by 8:00 pm.\nDecision Memo Clearance\nPerhaps the most important function of the Staff Secretary's\noffice is to ensure that decision memoranda are properly staffed\nbefore reaching the President. That will require cooperation of\nall staff. The following procedures should be followed:\nO\nUnless a real emergency exists, decision memos must be\nforwarded to the Staff Secretary at least 48 hours in advance of\npresenting the document to the President.\n2\nO\nI will route the memo to relevant White House Staff for\ncomment. The Chief of Staff and Vice President will receive all\ndraft decision documents for comment. I will also route such\ndrafts to Bernie Nussbaum and to Maggie Williams. Other offices\nwill be routed as appropriate.\nO\nRouting will be Assistants to the President. It will\nbe up to each Assistant to decide proper routing procedures\nwithin his or her own office.\nO\nAs a general rule, staffing to Cabinet agencies will be\ndone through the Councils. In the event that comment from\nCabinet officers is required that cannot be handled through the\nregular Council process, paper will be routed through the Cabinet\nSecretary, who will also serve as a collection point for comments\ncoming back from the Cabinet in those circumstances.\nO\nMy office will serve as a collection point for all\ncomments from the White House Staff and in the circumstances\ndescribed in the above bullet from the Cabinet (via the Cabinet\nSecretary) and will attempt to facilitate consensus, prior to\npresentation of the matter to the President. Where no consensus\ncan be formed, I will ensure that individual views are noted and\naccurately presented.\nBackground Memos\nBriefing papers, where no formal action is requested, will be\nhandled in the same general manner as decision memos. My office\nwill be responsible for preparing or editing summaries of all\ngeneral briefing papers.\nSpeeches\nDifferent administrations have handled the speech clearance\nprocess differently, with some vesting principal clearance\nresponsibility in the Staff Secretary, and others in the speech\nwriters themselves. We are going to try out a process under\nwhich the Communications staff will have primary responsibility\nfor clearing all speeches and statements of the President\nreleased to the press, provided that these procedures are\nfollowed:\nO\nMy office must be on and see the original distribution\nlist of draft speeches to ensure that all offices with a need to\nreview have received a copy.\nO\nComments to speech writers should be cc'd to me, to\nensure that those views have been appropriately considered before\nforwarding a draft to the President.\n3\nO\nDrafts of speeches to be presented to the President\nshould flow to and from the President through my office, so that\nthey can be properly handled and archived.\nReport to Congress\nThe Administration prepares over 300 reports to Congress each\nyear, as a result of statutory requirements. Many are submitted\nunder the President's signature. They are frequently thick\ndocuments and often come to us with short deadlines. We will try\nto ensure that agencies submit reports in a timely fashion to\ngive White House staff a meaningful chance to review these\nreports. We will route them for clearance to the appropriate\npeople.\nLegislation\nEnrolled legislation (passed by both houses) is received and time\nstamped by the Executive Clerk. OMB has responsibility for\ninteragency review of the legislation. The Staff Secretary's\noffice will handle clearance of the legislation, signing\nstatements and veto messages amongst the White House staff. The\nsame procedures outlined for clearance of decision memos should\nbe followed.\nCorrespondence\nCongressional correspondence as a rule will be reviewed,\npersonally, by the President. Staffing of letters to the Hill\nwill follow the same procedures as outlined for clearance of\ndecision memos. Other correspondence will be routed initially\nthrough Marcia Scott, the Acting Director of Messages and\nCorrespondence who is working furiously to bring up our\nsystem for answering mail, whether for the President's or First\nLady's signature, or for staff signature. A memo laying out the\ncorrespondence system will follow shortly.\nSequencing and Timing\nIt can be anticipated that staff sending paper to my office will\nfrequently feel that the President must see it in the next 10\nminutes. Barring real emergencies, that will generally not be\npossible. I will be working with Nancy Hernreich to develop a\nsystem that will make the President's day work for him.\n4\nMorning. With regard to paper, my expectation is that the\nPresident will have a short time in the morning to review his\nbriefing book and paperwork, including (i) papers and letters he\nmust review and sign; (ii) decision memos, briefing memos and\nothers matters which he can review that morning or hold for\nevening review; (iii) a summary of documents and important\ncorrespondence received, which he can review in more detail if he\nwishes.\nDaytime Period. The President wants to limit review of paper\nduring daytime working hours. Only essential items which must be\nsigned or reviewed, will be brought to his attention during those\nhours. I will forward essential items to the President through\nNancy Hernreich who will be responsible for fitting review of\nessential items into the day's schedule.\nEvening. After the President's morning work period all non-\nessential paperwork will be held until the evening. In the\nevening, we will give the President a manageable amount of\nreading -- no more that 45 minutes to an hour's worth. We will\ninclude in these materials all important decision memos which\nwill be discussed the next day.\nWeekend. Longer policy papers and think pieces will be held for\nweekend review, where possible. That will give the President\nmore time to reflect and comment.\nFollowing Week\nBy the close of business each Friday, senior staff -- and\nexpecially the councils -- should forward to me a list of any\nimportant decision memos that they expect to have presented to\nthe President the next week so that we can build adequate time\ninto the schedule for review at the staff level and by the\nPresident.\nStyle\nSome changes may be made to the current style of documents\nintended for the President, but, for now, please use current\nstyle forms.\nIn closing, let me say that my office has a straightforward\ngoal -- to protect the President and his decision-making process.\nPaper coming to him must meet the highest standards of\nexcellence. Papers must be well written. Options must be\nclearly stated. Those who need to see it must have seen it.\nViews of advisors must be accurately reflected. Summaries must\nbe brief and accurate. We cannot let the pressure of time\ncompromise those standards.\nWithdrawal/Redaction Marker\nClinton Library\nDOCUMENT NO.\nSUBJECT/TITLE\nDATE\nRESTRICTION\nAND TYPE\n003. memo\nre: Information for White House passholders (1 page)\nn.d.\nP6/b(6), b(7)(C), b(7)(E),\nb(7)(F)\nCOLLECTION:\nClinton Presidential Records\nSpeechwriting\nCarter Wilkie\nOA/Box Number: 4273\nFOLDER TITLE:\nAdministrative Instructions [2]\n2008-0699-F\njm486\nRESTRICTION CODES\nPresidential Records Act - [44 U.S.C. 2204(a)]\nFreedom of Information Act - [5 U.S.C. 552(b)]\nP1 National Security Classified Information |(a)(1) of the PRAJ\nb(1) National security classified information ((b)(1) of the FOIA]\nP2 Relating to the appointment to Federal office |(a)(2) of the PRAJ\nb(2) Release would disclose internal personnel rules and practices of\nP3 Release would violate a Federal statute [(a)(3) of the PRA]\nan agency |(b)(2) of the FOIA]\nP4 Release would disclose trade secrets or confidential commercial or\nb(3) Release would violate a Federal statute [(b)(3) of the FOIA]\nfinancial information [(a)(4) of the PRA]\nb(4) Release would disclose trade secrets or confidential or financial\nP5 Release would disclose confidential advice between the President\ninformation [(b)(4) of the FOIA]\nand his advisors, or between such advisors [a)(5) of the PRA]\nb(6) Release would constitute a clearly unwarranted invasion of\nP6 Release would constitute a clearly unwarranted invasion of\npersonal privacy [(b)(6) of the FOIA]\npersonal privacy |(a)(6) of the PRA]\nb(7) Release would disclose information compiled for law enforcement\npurposes [(b)(7) of the FOIA]\nC. Closed in accordance with restrictions contained in donor's deed\nb(8) Release would disclose information concerning the regulation of\nof gift.\nfinancial institutions |(b)(8) of the FOIA]\nPRM. Personal record misfile defined in accordance with 44 U.S.C.\nb(9) Release would disclose geological or geophysical information\n2201(3).\nconcerning wells [(b)(9) of the FOIA]\nRR. Document will be reviewed upon request.\nTHE WHITE HOUSE\nWASHINGTON\nMank- Soc\npls sure Dept. you\nFebruary 4, 1993\nentice make and wad this\nMEMORANDUM FOR WHITE HOUSE OFFICE STAFF\nAn\nFROM:\nBERNARD NUSSBAUM\nCHERYL MILLS Jan\nSUBJECT:\nHiring of Detailees, Consultants, Experts, Special\nGovernment Employees and Volunteers\nIt is important for all members of the White House Office,\nparticularly those making staffing decisions, to understand the\ngeneral criteria for hiring individuals who are not intended to\nserve permanently on the staff. This memorandum provides an\noverview of the categories of employees who are not serving in\npermanent positions who can be employed by the White House\nOffice. Ultimately, decisions regarding an individual's\nparticular categorization must be made by the Counsel's Office on\nan individual basis.\nDetailees\nPursuant to 5 U.S.C. $ 112, the head of any agency, department or\nindependent agency of the executive branch can \"detail\" an\nemployee to the White House Office. 1 This employee (\"detailee\")\nreports to the White House Office for the term of his or her\nassignment. The employee is responsible to and supervised by a\nWhite House Office member.\nThe White House Office does not have to reimburse the sending\nagency for the services of a detailee for the first 180 days of a\ngiven fiscal year. For each day beyond 180 days in a fiscal year\nthat a detailee continues to be assigned to the White House\nOffice, the White House Office typically must reimburse the\nsending agency for the employee's service. There are several\n1 All executive branch and independent agencies and major\norganizational units within an agency (including the Executive\nOffice of the President (\"EOP\")) may send or receive detailees.\nThe rules governing the reimbursibility of such detailees differ\nfrom those pertaining to the White House Office. 31 U.S.C. S\n1535.\n2\nrestrictions governing the White House Office's use of detailees.\nIn particular, another agency cannot hire a Schedule C (political\nappointee) employee for the purpose of detailing that employee to\nthe White House. See \"Treasury, Postal Service, and Federal\nGovernment Act, 1993\", H.R. 5488-44, Sec. 626 (a) (October 6,\n1992) (each agency must certify that \"the Schedule c position was\nnot created solely or primarily in order to detail the employee\nto the White House\").\nSecond, an agency or department head cannot transfer a new career\nemployee to the White House Office during the employee's first 90\ndays of service with the agency or department. 5 C.F.R.\n§ 330.501.\nConsultants\nPursuant to 3 U.S.C. § (c), the White House Office also can\nprocure the services of consultants on a temporary2 (less than\none year) or intermittent (less than 130 full-time equivalent\ndays in a service year) basis. A consultant \"provides views or\nopinions on problems or questions presented by the agency, but\nneither performs nor supervises performance of operating\nfunctions.\" Federal Personnel Manual (\"FPM\"), Chap. 304, 1-2.\nIn addition, consultants typically have \"a high degree of broad\nadministrative, professional, or technical knowledge or\nexperience which should make the[ir] advice distinctively\nvaluable to the agency.\" Id.\nThe White House Office can pay consultants up to a daily rate\nequal to the daily base rate of pay for Executive Schedule (\"ES\")\nLevel II employees (currently $133,600). See 3 U.S.C. § 105(c).\nThe FPM specifically prohibits the following activities as an\nimproper use of a consultant:\n1) hiring an individual as a consultant in anticipation of\nthe individual ultimately taking a career-conditional\nappointment;\n2) hiring a consultant for a job that can be performed as\nwell by regular employees;\n3) hiring a consultant to work in a full-time continuous\njob;\n2 The White House Office can retain the services of\nconsultants for longer than one year provided that the President\ndetermines that their services are necessary for more than one\nyear. 3 U.S.C. § 105 (c).\n3\n4) hiring an individual as a consultant to avoid\ncompetitive employment procedures; and\n5) hiring an individual as a consultant to avoid General\nSchedule pay limits.\nThe White House Office (or the division seeking to hire a\nconsultant) must certify that an individual meets the criteria of\nbeing a consultant and provide supporting documentation.\nExperts\nPursuant to 3 U.S.C. § 105 (c), the White House Office also can\nsecure the services of experts on the same terms as those for\nconsultants (e.g., an intermittent or temporary³ basis). An\nexpert is someone with:\nexcellent qualifications and a high degree of\nattainment in a professional, scientific, technical or\nother field. An expert's knowledge and mastery of the\nprinciples, practices, problems, methods and techniques\nof a field of activity\nare clearly superior to\nthose usually possessed by ordinarily competent persons\nin that activity.\nFPM, Chap. 304, 1-2(3). Experts typically are regarded as\npractitioners with \"unusual competence and skill by other persons\nin the profession, occupation, or activity.\" Id.\nLike consultants, the White House Office can pay experts up to a\ndaily rate equal to the daily base rate of pay for ES Level II\nemployees (currently $133,600). 3 U.S.C. § (c).\nThe White House Office cannot hire or use experts in any of the\nways prohibited for the hiring or use of consultants (see above\ndiscussion).\nSimilarly, the White House Office (or the division seeking to\nhire an expert) also must certify that an individual meets the\ncriteria of being an expert and provide supporting documentation.\n³The White House Office also can retain the services of\nexperts for longer than one year provided that the President\ndetermines that their services are needed for more than one year.\n3 U.S.C. § 105 (c).\n4\nSpecial Government Employees\nPursuant to 3 U.S.C. § 105, the White House Office (through the\nPresident) has the authority to appoint employees. Employees who\nare appointed to accomplish jobs which will not exceed 130 days\nin duration can be classified as Special Government Employees. A\nSpecial Government Employee is:\nan officer or employee of the executive or legislative\nbranch,\nwho is retained, designated, appointed,\nor employed to perform, with or without compensation,\nfor not to exceed one hundred and thirty days\n[of any 365 days] temporary duties either on a full-\ntime or intermittent basis\n18 U.S.C. § 202. A consultant and an expert can be classified as\na Special Government Employee provided he or she is so designated\nat the time he or she is hired and will complete the assignment\nwithin 130 days. Individuals who are not consultants or experts\nalso can be hired as Special Government Employees provided that\nthe job for which they are hired will be completed in 130 or less\ndays.\nA Special Government Employee who is not an expert or consultant\ncan carry out an agency's duties and responsibilities; he or she\nis not prohibited from supervising the performance of operating\nfunctions. In addition, a Special Government Employee can\ncontinue to draw a salary from another employer, provided there\nis no conflict of interest with regard to this, or any other,\nfinancial interest.\nVolunteers\nMark-\nFYI\nThe White House Office is permitted to have volunteers -- persons\nwho serve without compensation. See Memorandum for Fred F.\nFielding, Counsel to the President, \"White House Use of\nVolunteers\" (1982). Volunteers may be on a leave of absence from\ntheir primary employment (with or without pay) or have no other\nemployer-employee relationship. In either case, volunteers may\nbe treated as employees for conflict of interest purposes and\nmust comply with the federal conflict of interest statutes.\nApplicable Ethics Provisions\nConflict of Interests Statutes: Every employee, including a\nvolunteer, is subject to the requirements of 18 U.S.C. 208. This\nstatute prohibits employees from \"personally and substantially\"\nparticipating in a \"particular matter\" in which, to their\nknowledge, they have a financial interest. Employees must recuse\n5\nthemselves from such matters. The financial interests of a\nspouse, child, employer, business associate and any organization\nin which an executive branch employee serves as a director,\ntrustee, general partner, employee or officer are imputed to the\nemployee for purposes of determining a conflict of interest.\nClinton Pledges: Executive Order 12834 (\"Clinton Ethics\nPledges\") applies only to senior employees of the executive\nbranch. \"Senior\" is defined in the Order as those employees who\nare paid at or above the ES Level V ($108,200) on an annualized\nbasis. Employees paid at or above this level are subject to the\nfollowing restrictions:\n1) they may not, for five years from the date of\ntermination of their service, represent a party in any\nmatter before their former agency, unless the matters\nare with respect to a judicial proceeding;\n2) EOP officials may not, for five years,\nrepresent a party in any matter before any\ndepartment or agency with respect to which\nthey had substantial personal responsibility;\n3) they forever are banned from acting as a foreign agent\non behalf of foreign governments or foreign political\nparties; and\n4) should they personally and substantially participate in\na trade negotiation, they are banned for five years\nfrom representing, aiding or advising a foreign\npolitical party, foreign country, or foreign business\nentity in any matter before the federal government.\nFederal Ethics Law - Post-Employment Restrictions: Under 18\nU.S.C. §§ 201 - 209, employees must comply with a number of\nethics requirements. One factor that prospective employees\nseeking to work in the White House Office -- as a consultant,\nexpert, or Special Government Employee in excess of 60 days or as\na full-time volunteer (more than 130 full-time equivalent days in\nany 365 - day period) -- should consider is the relevant post-\nemployment restrictions. Briefly, these restrictions provide the\nfollowing:\na) Lifetime Ban on \"Switching Sides.' Federal law\n($ 207 (a) (1)) provides that a former official may never\nrepresent a private party before or against the U.S. in a\nparticular matter involving specific parties when the\nemployee worked on that matter \"personally and\nsubstantially\" as a federal employee.\n6\nb) 2-Year \"Official Responsibility\" Ban. Federal law\n(S 207 (a) (2)) provides that a former official may not\nrepresent a private party before or against the U.S. for 2\nyears in a particular matter involving specific parties\nunder his \"official responsibility\" during the last year of\ngovernment service, whether or not the employee was\npersonally and substantially involved in the matter.\nc) 1-Year Ban on Contacting Former Agency. Federal law\n($ 207 (a) (c) ) requires a 1-year cooling-off period for\n\"senior\" employees during which time they may not contact\ntheir former agencies with the intent to influence,\nregardless of whether they worked on the matters involved\nwhile in government. \"Senior\" employees for the purposes of\nthe White House Office are those individuals paid at or\nabove ES Level III (currently $123, $123,100)\nd) 1-Year Cooling-Off Period. Federal law (§ 207 (d) )\nrequires a 1-year \"cooling-off\" period for \"very\nsenior\" employees during which time, in addition to the\nrestrictions above, they may not contact other \"very\nsenior\" employees. \"Very senior\" employees include\nthose White House Office officials paid at or above ES\nLevel II (currently $133,600).\ne) 1-Year Ban for Trade Negotiators. Federal law\n(§ 207 (b) ) states that for one year after an employee's\ngovernment service terminates, he or she may not\nknowingly represent, aid, or advise on the basis of\ncertain non-public information any other person\nregarding any on-going trade or treaty negotiation in\nwhich, during his or her last year of government\nservice, he or she participated personally and\nsubstantially as an employee.\nf) 1-Year Ban on Representing Foreign Governments.\nFederal law (§ 207 (f)) requires a 1-year cooling-off\nperiod for \"senior\" (above ES Level III) and \"very\nsenior\" (above ES Level II) employees representing,\naiding, or advising foreign governments or foreign\npolitical parties before the U.S. government.\nSpecial Government Employees are subject to the same restrictions\ndiscussed above as regular employees (including the Clinton-Gore\npledges if they are paid above ES Level V) with the following\nexception: where a Special Government Employee serves for less\nthan 60 days, the restrictions under S 207 (c) do not apply\n(provision \"c\" discussed above).\nIn addition to the post-employment restrictions, a prospective\nemployee's ability to serve in the White House Office may be\nsignificantly limited by conflicts of interests that exist with\n7\nregard to their financial interests (which includes the financial\ninterest of their spouse, children, employer, or any other\norganization in which the individual is an officer, director,\npartner, etc.). For this reason, all prospective employees\n(including volunteers) in the White House Office, even for brief\nperiods of work, must be approved by the Counsel's Office prior\nto placing them on the payroll or identifying them as an employee\nentitled to clearance badges to work in the OEOB or West Wing of\nthe White House.\nTHE WHITE HOUSE\nWASHINGTON\nMarch 9, 1993\nMEMORANDUM FOR ALL WHITE HOUSE STAFF\nFROM:\nBERNARD W. NUSSBAUM\nCOUNSEL TO THE PRESIDENT\np\nSTEPHEN R. NEUWIRTH the\nASSOCIATE COUNSEL TO THE PRESIDENT\nRE:\nProhibited Contacts with Agencies:\nFollow-up Memorandum\nAs discussed in our memorandum of February 22, 1993\n(copy attached), it is important that all members of the White\nHouse staff recognize that there are significant restrictions on\nthe kinds of communications a member of the White House staff may\nhave with independent regulatory agencies, executive branch\nagencies and their components. It is also important that senior\nmembers of the White House staff ensure compliance with these\nrestrictions within their offices.\nThis memorandum is intended to clarify certain issues\ndiscussed in our February 22 memorandum. The following points\nare intended to supplement, not replace, our February 22\nmemorandum, and the February 22 memorandum should continue to be\nconsulted for the broader range of topics it covers.\nThe rules discussed below and in our original\nmemorandum are intended to provide guidance in the absence of any\nother formalized process for White House input in regulatory\nmatters. As noted in our February 22 memorandum, the President\nand Vice-President are presently considering certain changes to\nthe regulatory review process, and further instructions on\ncontacts with regulatory agencies may be forthcoming as those\nchanges are adopted. Moreover, these rules do not overturn those\nexisting Executive Orders that provide mechanisms for regulatory\nreview (particularly defining the role of the Office of\nManagement and Budget). The procedures set forth in those orders\ncan continue to be followed.\n1. As a general rule, no member of the White House\nstaff should contact any independent agency (or its components)\nwith respect to any pending adjudicative or investigative matter.\nIt may be appropriate in certain circumstances for White House\nstaff to discuss rulemaking matters with an independent agency;\nbut prior to doing so, White House staff members must first\nconsult with the Counsel's office. White House staff members\nshould also consult with the Counsel's office before discussing\ngeneral policy matters, or administrative or legislative issues,\nwith an independent agency. Such consultation with the\nCounsel's office can address broad areas of ongoing discussion.\n(A list of independent agencies is set forth on page 2 of our\nFebruary 22 memorandum.)\n2. If an independent agency contacts a member of the\nWhite House staff for information, it is normally appropriate for\nthe White House staff member to respond to such an inquiry. It\nis important, however, that no such discussions occur if (a) the\nWhite House staff member (or a relative, friend or business\nassociate) has a personal interest in the matter at issue; (b)\nthe inquiry relates to a particular rulemaking matter and the\nWhite House staff member is aware the private parties have been\nlobbying the White House with respect to that matter; (c) the\ninquiry relates to a particular adjudicative or investigative\nmatter. Furthermore, in responding to such inquiries, it is\nimportant that White House staff members respond only to the\nspecific inquiry, and not have discussions that would otherwise\nbe prohibited without prior Counsel's office approval.\n3. As a general rule, no member of the White House\nstaff should contact any executive branch agency (or its\ncomponents) with respect to any pending adjudicative or\ninvestigative matter. In some circumstances, it may be\nappropriate for White House staff to have discussions with\nexecutive branch agencies concerning rulemaking; but prior to\ndoing so, White House staff members should first consult with the\nCounsel's office. The purpose of such consultation is to ensure\nthat no private parties are receiving preferential treatment, or\nhaving undue influence upon, the rulemaking process. (A list of\nexecutive branch agencies with significant regulatory or\nadjudicative functions is set forth on page 3 of our February 22\nmemorandum.)\n4. As a general rule, no clearance is necessary\nbefore a member of the White House staff contacts an executive\nbranch agency to discuss general policy matters or\nadministrative, executive or legislative issues. Keep in mind,\nhowever, that such discussions become inappropriate when (a) the\nWhite House staff member (or a relative, friend or business\nassociate) has a personal financial interest in the matter being\ndiscussed or (b) the White House staff member is, or appears to\nbe, acting on behalf of a private party that has a financial\ninterest in the matter being discussed.\n2\n5.\nWhite House staff should confer with the Counsel's\noffice before contacting independent or executive agencies with\nrespect to particular individuals. Moreover, White House staff\nshould be sensitive to the constraints placed on agencies by the\nprovisions of the Privacy Act of 1974.\n6. Agencies in the intelligence community should not\nbe contacted directly without first coordinating any such\ncontacts with the Assistant to the President for National\nSecurity Affairs. Where issues of individual privacy arise, the\nCounsel to the President should also be contacted.\n7. No member of the White House staff should contact\nany procurement officer about a contract in which that staff\nmember has a personal financial interest or in which a relative,\nfriend or business associate has a financial interest. Moreover,\nif contacts are made in circumstances where no such financial\ninterests are present, (a) such contacts should, to the extent\npossible, be made after the contracting procedure is completed\nand (b) the lack of such financial interest should be made known\nto those receiving the communication so that unintended\ninferences do not arise. To avoid even the appearance of\nimpropriety in procurement, the Counsel's office should be\nconsulted prior to any White House staff contacts on procurement\nmatters.\n8. Special rules apply to contacts by White House\nstaff with the Department of Justice and with the Department of\nthe Treasury. Those rules are set forth on pages 5 and 6 of our\nFebruary 22 memorandum. Note that members of the White House\nstaff may communicate directly with either Department with\nrespect to policy, legislative or budgetary matters.\n9. The rules governing contacts with agencies apply\nfully to matters concerning airlines and the airline industry.\nPrivate parties attempting to solicit White House support on\ndomestic airline regulatory matters should generally be referred\nto the agency with rulemaking or regulatory authority. In\naddition, White House staff members must always refuse to discuss\nwith interested private parties cases subject to the President's\napproval under Section 801 of the Federal Aviation Act\n(concerning Presidential review of international aviation\ndecisions). The Counsel's office should be consulted before a\nmember of the White House staff has discussions with parties\ninterested in pending regulatory matters affecting an airline or\nairlines.\n3\nTHE WHITE HOUSE\nWASHINGTON\nFebruary 22, 1993\nMEMORANDUM FOR WHITE HOUSE STAFF\nFROM:\nBERNARD W. NUSSBAUM\nCOUNSEL TO THE PRESIDENT\nper\nSTEPHEN R. NEUWIRTH n\nASSOCIATE COUNSEL TO THE PRESIDENT\nRE:\nProhibited Contacts with Agencies\nIt is important that all members of the White House staff\nrecognize that there are significant restrictions on the kinds of\ncommunications a member of the White House staff may have with\nindependent regulatory agencies, Executive agencies, and their\ncomponents. These restrictions apply with particular force where\nagencies have an adjudicative, investigative, enforcement,\nintelligence, or procurement function. Violations of these\nrestrictions may result not only in significant embarrassment to\nthe individual involved and the White House, but in legal\nsanctions against the individual as well.\nThe following discussion sets forth the restrictions\napplicable when staff are in contact with an agency. It is\ncritical that you review this material carefully. If you have\nany questions, please consult the Counsel's office before making\nany contact with an agency.\nA.\nContact with regulatory, investigative, intelligence, and\nprocurement agencies.\n1.\nRegulatory Agencies: The cases that come before these\nagencies are of two general types: rulemaking and\nadjudicative. Both normally involve high stakes, are\nvery complicated, and are extremely important to the\nparties concerned.\nThere is generally no justification for any White House\ninvolvement in particular adjudicative or rulemaking\nproceedings at any agency. Therefore, as a general\nrule, no member of the staff should contact (a) any\nagency in regard to any adjudicative matter pending\nbefore that agency, or (b) any independent agency in\n- 2 -\nregard to any rulemaking pending before that agency.\nFor rulemaking proceedings at Executive agencies, any\nstaff member considering contacting any agency about\nsuch rulemaking should first consult with the Counsel's\noffice. In all events, no such contacts with Executive\nagencies should be considered, nor will they be\napproved, if they imply preferential treatment or undue\ninfluence on the decision-making process.\nShould you receive any inquiries with regard to pending\nregulatory or rulemaking matters, you should refer the\ninquiring party to the agency involved and express no\nopinion on the issues raised. White House staff\nmembers should avoid even the mere appearance of\ninterest or influence.\nShould an occasion arise in the course of your duties\nwhere it appears necessary to discuss general policy\nmatters with the staff of an independent regulatory\nagency, you should first consult with the Counsel's\noffice to determine whether such contact would be\nappropriate under the circumstances. Such clearance is\nnot required before contacting Executive agencies on\nadministrative, or purely executive or legislative,\nmatters. But such clearance is required where any\nadjudicative, regulatory or procurement action is\ninvolved.\nThe following agencies, while not an exhaustive\nlisting, are regarded by the Justice Department as\nindependent and should not be contacted by White House\nstaff (except for routine referrals of mail or\nadministrative matters) without prior clearance from\nthe Counsel's office:\nCommodity Futures Trading Commission\nConsumer Product Safety Commission\nFederal Communications Commission\nFederal Deposit Insurance Corporation\nFederal Election Commission\nFederal Maritime Commission\nFederal Reserve System\nFederal Trade Commission\nInterstate Commerce Commission\nNational Credit Union Administration\nNational Labor Relations Board\nNational Transportation Safety Board\nNuclear Regulatory Commission\nOccupational Safety and Health Review Commission\nSecurities and Exchange Commission\nU.S. International Trade Commission\n- 3 -\nThe following agencies, or components of Executive\ndepartments or agencies, have significant regulatory or\nadjudicative functions. Accordingly, they should not\nbe contacted with respect to the exercise of those\nfunctions without prior clearance from the Counsel's\noffice (which clearance generally will not be given for\nadjudicative actions and will be considered only on a\ncase-by-case basis for regulatory actions) :\nEnvironmental Protection Agency\nEqual Employment Opportunity Commission\nFederal Aviation Administration\n(Transportation)\nFederal Energy Regulatory Commission\n(Energy)\nFederal Labor Relations Authority\nFood and Drug Administration\n(HHS)\nForeign Claims Settlement Commission\n(Justice)\nImmigration and Naturalization Service\n(Justice)\nMerit Systems Protection Board\nMine Safety and Health Administration\n(Labor)\nNational Highway Traffic Safety Administration\n(Transportation)\nOccupational Safety and Health Administration\n(Labor)\nOverseas Private Investment Corporation\nPension Benefit Guaranty Corporation\nSocial Security Administration\n(HHS)\nU.S. Parole Commission\n(Justice)\nThis list is merely illustrative. Many bureaus and\ndivisions of agencies have authority to issue binding\nregulations or to decide specific claims, and the same\nrules on prior clearance from the Counsel's office\napply for those entities as well.\nYou should be aware that the President and Vice-\nPresident are presently considering certain changes to\nthe regulatory review process, and further instructions\non contacts with regulatory agencies may be forthcoming\nas those changes are adopted.\n2.\nInvestigative and Intelligence Agencies: As set forth\nin Part B of this section, the ban on agency contacts\nextends to the litigating, investigative and\n- 4 -\nadjudicatory divisions of the Department of Justice.\nThe same rules also apply to the Internal Revenue\nService, the Inspectors General, the Special Counsel of\nthe Merit Systems Protection Board, and similar\ncomponents of departments and agencies with authority\nto investigate charges of misconduct, to conduct audits\nof specific programs, or to bring complaints before\ncourts or other adjudicative bodies.\nWhite House staff should also confer with the Counsel's\noffice before contacting agencies with respect to\nparticular individuals. While the White House Office\nis not bound by the provisions of the Privacy Act of\n1974, 5 U.S.C. Sec. 552a, Federal agencies are\nrestricted by the Act from disclosing information about\nindividuals contained in their files. The White House\nstaff should be sensitive to these constraints.\nAgencies in the intelligence community -- including the\nCIA, NSA, DIA, the Intelligence Division of the FBI,\nand the intelligence components of the military\nservices -- report to the President through his\nAssistant for National Security Affairs. These\nagencies should not be contacted directly without\ncoordinating first with the Assistant for National\nSecurity Affairs -- and, where issues of individual\nprivacy arise, with the Counsel to the President.\n3.\nProcurement Agencies: In recent years, the public has\nbecome increasingly sensitive to allegations of\nimproper influence in the awarding of government\ncontracts. No member of the White House staff should\ncontact any procurement officer about a contract in\nwhich he or she has a personal financial interest or in\nwhich a relative, friend, or business associate has a\nfinancial interest. This is true not only with respect\nto calls or contacts in which influence is directly\nexerted, but also as to so-called \"status\" calls or\nother communications which might direct the attention\nof the procurement officer to the fact that a White\nHouse staff member has an interest.\nThere may be occasions when the White House has a\nlegitimate interest in information about procurement\nmatters. In such instances, however, any communication\nshould be made only by persons who have no direct\ninterest themselves, and whose friends or associates\nhave no such interests. It is advisable that the lack\nof such interest be made known to those receiving the\ncommunication so that unintended inferences do not\narise. Moreover, to the extent possible, information\n- 5 -\nabout a procurement matter should be obtained after the\ncontracting procedure is completed, or should be\nobtained from persons not involved in the decision-\nmaking process. To avoid the appearance of conflict\nand subsequent embarrassment, White House staff members\nwho feel they must contact procurement agencies with\nregard to pending matters should first contact the\nOffice of the Counsel to the President.\nB.\nCommunications with the Department of Justice\nAs we are all aware, it is imperative that there be public\nconfidence in the effective and impartial administration of\nthe laws. Political figures and others may seek White House\nintervention in pending criminal and civil matters, but it\nundermines the administration of justice if the White House\neven appears to be interfering in such cases.\nThe following procedures have been established for\ncommunications between the White House staff and the\nDepartment of Justice.\n1.\nAny written or oral communication to the White House\nconcerning particular pending Department of Justice\ninvestigations or criminal or civil cases must be\ndirected immediately to the Counsel to the President.\nIf appropriate and necessary, the inquiry will then be\ntransmitted by the Counsel's office to the Office of\nthe Attorney General or the Deputy Attorney General.\nNo other member of the White House staff should discuss\na pending criminal or civil matter with private\nindividuals or organizations, or with the Department of\nJustice.\n2.\nAll requests for formal legal opinions from the\nDepartment of Justice must be directed to the Counsel\nto the President, who will in turn forward such\nrequests to the Office of the Attorney General or to\nthe Assistant Attorney General in charge of the Office\nof Legal Counsel.\n3.\nMembers of the the White House staff may communicate\ndirectly with the Department of Justice with respect to\npolicy, legislation and budgeting matters.\nC.\nCommunications with the Department of the Treasury\nIn light of the sensitive nature of matters before some of\nthe component agencies of the Department of the Treasury --\nsuch as the Office of Comptroller of the Currency, the\nInternal Revenue Service, the Bureau of Alcohol, Tobacco and\n- 6 -\nFirearms, and the Secret Service -- the following procedures\nhave been established for communications between the White\nHouse staff and the Treasury Department:\n1.\nAny written or oral communication to the White House\nconcerning pending investigations or cases must be\ndirected to the Counsel to the President. If\nappropriate and necessary, the inquiry will then be\ntransmitted to the Office of the Deputy Secretary of\nthe Treasury.\n2.\nAll inquiries which concern or may concern rulings on\npending applications, regulatory actions or\nadjudications must likewise be directed to the Counsel\nto the President for transmittal, if appropriate and\nnecessary, to the Deputy Secretary (although it is\nunlikely that inquiries with respect to adjudications\nor to so-called \"private\" rulings will be considered\nappropriate or necessary).\n3.\nOther than for routine \"tax checks\" in personnel\nmatters, requests for tax return information generally\nwill not be favored. All requests involving tax return\ninformation must be directed to the Counsel to the\nPresident. If the information is deemed essential and\nif permitted by the Internal Revenue Code, such\nrequests will be forwarded to the Deputy Secretary of\nthe Treasury (except for routine \"tax checks\", which\nwill be processed under our existing procedures).\n4.\nRequests for information or statistical data of a\nroutine nature and comments regarding policy,\nlegislation and budgeting may continue to be handled\ndirectly by White House staff and appropriate Treasury\nofficials.\nD.\nProcedures Governing Presidential Review of\nInternational Aviation Decisions\nExecutive Order 12547 (February 6, 1986) sets out procedures\nfor Presidential review of international aviation decisions\npursuant to Section 801 of the Federal Aviation Act, 49\nU.S.C. Sec. 1461. Section 5 of the Executive Order\nprohibits individuals within the Executive Office of the\nPresident from discussing Section 801 cases -- those\ninvolving international aviation -- with outside parties,\nand requires such individuals to refer written\ncommunications on Section 801 cases from outside parties to\nthe appropriate office outside the Executive Office of the\nPresident. White House staff members should refuse to\ndiscuss with interested private parties cases subject to the\n- 7 -\nPresident's approval under Section 801, and should refer any\nwritten communications concerning such cases to the\nCounsel's office for appropriate referral.\nPurely domestic aviation decisions not subject to\nPresidential approval under Section 801 would typically be\ngoverned by the general policy against White House\ninvolvement in particular adjudicative matters. You should\nconsult with the Counsel's office before discussing such\ncases with interested private parties or Government\nagencies.\n*\n*\n*\nThe matters covered in this memorandum are intended only to\nimprove the internal management of the Executive Branch and are\nnot intended to create any right or benefit, substantive or\nprocedural, enforceable at law by a party against the United\nStates, its agencies, its officers, or any person.\nPlease cooperate in observing the guidelines discussed\nabove. If you have any questions regarding these procedures,\nplease contact the Counsel's office.\nTHE WHITE HOUSE\nWASHINGTON\nMarch 1, 1993\nMEMORANDUM FOR WHITE HOUSE OFFICE STAFF\nFROM:\nBERNARD NUSSBAUM\nCOUNSEL TO THE PRESIDENT\nCHERYL MILLS\nASSOCIATE COUNSEL TO THE PRESIDENT\nSUBJECT:\nMeals, Receptions, Dinners, and Events\nThis memorandum provides general guidance on the propriety of\naccepting meals and invitations to receptions, dinners and other\nevents from outside domestic sources. The rules governing the\nStandards of Conduct for Executive Branch Employees are contained\nin 5 C.F.R. Part 2635, which were issued by the Office of\nGovernment Ethics (\"OGE\"). These rules are provided at every\nethics briefing for White House Office employees. Additional\ncopies of the rules are available from Counsel's Office (OEOB,\nRoom 128).\nUnder the ethics rules, White House employees may not accept a\ngift in return for being influenced in the performance of an\nofficial act nor may he or she solicit or coerce the offering of\na gift. Moreover, White House employees may not solicit or\naccept a gift:\n1. from a prohibited source; or\n2. given because of the employee's official position.\nA gift includes \"any gratuity, favor, discount, entertainment,\nhospitality, loan, forbearance, or other item having monetary\nvalue. It includes services as well as gifts of training,\ntransportation, local travel, lodgings and meals.\" 5 C.F.R.\nS 2635.203.\nA prohibited source includes anyone who:\n1. is seeking official action by the White House Office;\n2. does business or seeks to do business with the White House\nOffice;\n3. conducts activities regulated by the White House Office;\n4. has interests that may be substantially affected by the\nperformance or nonperformance of your official duties; or\n5. is an organization composed of members who can be described\nby the criteria set forth immediately above.\nUnder this policy, we generally are prohibited from accepting\nmeals (dinners, tickets to events) from virtually all sources --\nincluding, among others, contractors, regulated business groups,\nand litigating parties.\nWith regard to the press, a 1987 OGE opinion determined that\nreporters seeking information from, or an interview or ongoing\nworking relationship with, a government employee because of the\nemployee's official position are prohibited sources for the\nofficial. Thus, members of the press are prohibited sources. As\na general rule, the 1987 OGE opinion stated that any individual\nor organization that offers free food or refreshments to a\ngovernment employee simply because of the employee's official\nposition is considered a prohibited source.\nExceptions\nThere are exceptions under which gifts of meals or entertainment\n--invitations to events, dinners, receptions and parties -- may\nbe accepted from a prohibited source, provided that doing so does\nnot otherwise create an appearance of impropriety. These\nexceptions are summarized below:\na) Gifts of $20 or Less. You may accept an unsolicited\ngift (other than cash or its equivalent) valued at $20 or less\nper occasion. Typically, a two-hour Washington reception for\nwhich no attendance fee is charged will meet this exception.\nAlthough, you may accept a meal, book, or other item valued at\n$20 or less, you may not go to dinner and pay for the amount by\nwhich the dinner exceeds the $20 limitation. You also may not\nkeep any other type of gift valued over $20 by paying the\ndifference between the gift's market value and the $20\nlimitation. Moreover, you may not accept more than an aggregate\namount of $50 in gifts under this exception from any single\nperson in a calendar year.\nb) Gift Based on a Personal Relationship. You may accept\nan unsolicited gift from a prohibited source where it is clear\nthat the gift is motivated by a family relationship or close\npersonal friendship rather than your official position. In\nassessing whether a gift meets this exception, the history of\nyour relationship (does it predate your government service?) and\nthe source of payment are important factors.\n2\nc) Gifts Based on Outside Business or Employment\nRelationships. You may accept meals, lodging, transportation and\nother benefits from a prohibited source that results from the\nbusiness or employment relationships of a spouse, provided it is\nclear that the gift has not been enhanced because of your\nofficial status. Thus, you can attend the opera with your spouse\n(or significant other) where his or her employer provides him or\nher with tickets to attend. You also may accept such gifts that\nresult from your own outside business or employment activities\nprovided it is clear that such gifts also have not been offered\nor enhanced because of your official position. Note, however,\nthat all full-time White House officials paid above $27,789 are\nprohibited from receiving income from any outside employment\nactivities.\nd) Employment-Related Speaking Engagements. When you are\nspeaking or presenting information on behalf of the White House\nOffice in your official capacity, you may accept meals and the\noffer of free attendance at a conference, meeting or event on the\nday of your speech or presentation when provided by the sponsor\nof the event.\ne) Widely-Attended-Gatherings. You may accept free\nattendance and meals offered by the sponsor of a widely-\nattended-gathering of mutual interest to a number of parties,\nprovided Counsel's Office has determined it is in the interest of\nthe White House Office that you attend. Therefore, where the\nsponsor of a dinner (e.g., the Gridiron Association) offers you\nfree attendance, you can attend if Counsel Office's determines it\nis in the White House's interest that you attend. You cannot\nattend this dinner as the guest of another organization that has\npaid for your ticket.\nf) Gifts from a Political Organization. Those White House\nofficials who are exempt from the Hatch Act may accept meals,\nlodgings, transportation and other benefits, including free\nattendance at events, when provided by a political organization\npursuant to 26 U.S.C. $ 527(e) (e.g., the Democratic National\nCommittee, campaign committees for state, local and federal\ncandidates).\ng) Social Invitations from Non-Prohibited Sources. You can\naccept food and entertainment at a social event attended by\nseveral persons where the person is not a prohibited source and\nno fee is charged to any in attendance.\nAssuming that the event, dinner or reception you would like to\nattend does meet one of the above exceptions, you always should\nconsider whether your attendance at the event nevertheless would\nlead a reasonable person to question your impartiality in\nofficial matters affecting the host, attendees, etc. Where such\n3\nan appearance question could be raised, you should consider\nforegoing the event.\nFinally, please remember that if you are required to file a\npublic financial disclosure form, all gifts (including meals that\nare not received as personal hospitality) valued over $250 from\nany one source (aggregating gifts over $100) must be reported\nannually on your public disclosure form.\nTo summarize, except in limited circumstances, it generally is\nmeal or refreshments from any donor with government business. If\nprudent for White House Office staff to avoid accepting a free\nthe meal, event, dinner or reception proffered by a prohibited\nsource does not meet any of the above exceptions, you may not\nattend the event consistent with the Standards of Ethical\nConduct. You should perform your own analysis of an event you\nwish to attend prior to contacting Counsel's Office to seek\nadvice. If, after careful evaluation in light of this\nmemorandum, you have difficulty judging a particular situation,\nplease contact Counsel's Office.\n4\nTHE WHITE HOUSE\nWASHINGTON\nMarch 1, 1993\nMEMORANDUM FOR WHITE HOUSE OFFICE STAFF\nFROM:\nBERNARD NUSSBAUM\nCOUNSEL TO THE PRESIDENT\nCHERYL MILLS you\nASSOCIATE COUNSEL TO THE PRESIDENT\nSUBJECT:\nMeals, Receptions, Dinners, and Events\nThis memorandum provides general guidance on the propriety of\naccepting meals and invitations to receptions, dinners and other\nevents from outside domestic sources. The rules governing the\nStandards of Conduct for Executive Branch Employees are contained\nin 5 C.F.R. Part 2635, which were issued by the Office of\nGovernment Ethics (\"OGE\"). These rules are provided at every\nethics briefing for White House Office employees. Additional\ncopies of the rules are available from Counsel's Office (OEOB,\nRoom 128).\nUnder the ethics rules, White House employees may not accept a\ngift in return for being influenced in the performance of an\nofficial act nor may he or she solicit or coerce the offering of\na gift. Moreover, White House employees may not solicit or\naccept a gift:\n1. from a prohibited source; or\n2. given because of the employee's official position.\nA gift includes \"any gratuity, favor, discount, entertainment,\nhospitality, loan, forbearance, or other item having monetary\nvalue. It includes services as well as gifts of training,\ntransportation, local travel, lodgings and meals.\" 5 C.F.R.\n§ 2635.203.\nA prohibited source includes anyone who:\n1. is seeking official action by the White House Office;\n2. does business or seeks to do business with the White House\nOffice;\n3. conducts activities regulated by the White House Office;\n4. has interests that may be substantially affected by the\nperformance or nonperformance of your official duties; or\n5. is an organization composed of members who can be described\nby the criteria set forth immediately above.\nUnder this policy, we generally are prohibited from accepting\nmeals (dinners, tickets to events) from virtually all sources --\nincluding, among others, contractors, regulated business groups,\nand litigating parties.\nWith regard to the press, a 1987 OGE opinion determined that\nreporters seeking information from, or an interview or ongoing\nworking relationship with, a government employee because of the\nemployee's official position are prohibited sources for the\nofficial. Thus, members of the press are prohibited sources. As\na general rule, the 1987 OGE opinion stated that any individual\nor organization that offers free food or refreshments to a\ngovernment employee simply because of the employee's official\nposition is considered a prohibited source.\nExceptions\nThere are exceptions under which gifts of meals or entertainment\n--invitations to events, dinners, receptions and parties -- may\nbe accepted from a prohibited source, provided that doing so does\nnot otherwise create an appearance of impropriety. These\nexceptions are summarized below:\na) Gifts of $20 or Less. You may accept an unsolicited\ngift (other than cash or its equivalent) valued at $20 or less\nper occasion. Typically, a two-hour Washington reception for\nwhich no attendance fee is charged will meet this exception.\nAlthough, you may accept a meal, book, or other item valued at\n$20 or less, you may not go to dinner and pay for the amount by\nwhich the dinner exceeds the $20 limitation. You also may not\nkeep any other type of gift valued over $20 by paying the\ndifference between the gift's market value and the $20\nlimitation. Moreover, you may not accept more than an aggregate\namount of $50 in gifts under this exception from any single\nperson in a calendar year.\nb) Gift Based on a Personal Relationship. You may accept\nan unsolicited gift from a prohibited source where it is clear\nthat the gift is motivated by a family relationship or close\npersonal friendship rather than your official position. In\nassessing whether a gift meets this exception, the history of\nyour relationship (does it predate your government service?) and\nthe source of payment are important factors.\n2\nc) Gifts Based on Outside Business or Employment\nRelationships. You may accept meals, lodging, transportation and\nother benefits from a prohibited source that results from the\nbusiness or employment relationships of a spouse, provided it is\nclear that the gift has not been enhanced because of your\nofficial status. Thus, you can attend the opera with your spouse\n(or significant other) where his or her employer provides him or\nher with tickets to attend. You also may accept such gifts that\nresult from your own outside business or employment activities\nprovided it is clear that such gifts also have not been offered\nor enhanced because of your official position. Note, however,\nthat all full-time White House officials paid above $27,789 are\nprohibited from receiving income from any outside employment\nactivities.\nd) Employment-Related Speaking Engagements. When you are\nspeaking or presenting information on behalf of the White House\nOffice in your official capacity, you may accept meals and the\noffer of free attendance at a conference, meeting or event on the\nday of your speech or presentation when provided by the sponsor\nof the event.\ne) Widely-Attended-Gatherings. You may accept free\nattendance and meals offered by the sponsor of a widely-\nattended-gathering of mutual interest to a number of parties,\nprovided Counsel's Office has determined it is in the interest of\nthe White House Office that you attend. Therefore, where the\nsponsor of a dinner (e.g., the Gridiron Association) offers you\nfree attendance, you can attend if Counsel Office's determines it\nis in the White House's interest that you attend. You cannot\nattend this dinner as the guest of another organization that has\npaid for your ticket.\nf) Gifts from a Political Organization. Those White House\nofficials who are exempt from the Hatch Act may accept meals,\nlodgings, transportation and other benefits, including free\nattendance at events, when provided by a political organization\npursuant to 26 U.S.C. § 527 (e) (e.g., the Democratic National\nCommittee, campaign committees for state, local and federal\ncandidates).\ng) Social Invitations from Non-Prohibited Sources. You can\naccept food and entertainment at a social event attended by\nseveral persons where the person is not a prohibited source and\nno fee is charged to any in attendance.\nAssuming that the event, dinner or reception you would like to\nattend does meet one of the above exceptions, you always should\nconsider whether your attendance at the event nevertheless would\nlead a reasonable person to question your impartiality in\nofficial matters affecting the host, attendees, etc. Where such\n3\nan appearance question could be raised, you should consider\nforegoing the event.\nFinally, please remember that if you are required to file a\npublic financial disclosure form, all gifts (including meals that\nare not received as personal hospitality) valued over $250 from\nany one source (aggregating gifts over $100) must be reported\nannually on your public disclosure form.\nTo summarize, except in limited circumstances, it generally is\nprudent for White House Office staff to avoid accepting a free\nmeal or refreshments from any donor with government business. If\nthe meal, event, dinner or reception proffered by a prohibited\nsource does not meet any of the above exceptions, you may not\nattend the event consistent with the Standards of Ethical\nConduct. You should perform your own analysis of an event you\nwish to attend prior to contacting Counsel's Office to seek\nadvice. If, after careful evaluation in light of this\nmemorandum, you have difficulty judging a particular situation,\nplease contact Counsel's Office.\n4\n01-14-1993 15:09\n501 372 1215\nCLINTON FOR PRESIDENT\nP.03\nFor Immediate Release:\nContact Dee Dee Myers\nJanuary 14, 1992\n(501)-399-7175\nTHE WHITE HOUSE STAFF\nJanuary 14, 1993\nCHIEF-OF-STAFF\nThomas F. McLarty, Chief-of-Staff\nMark Gearan, Assistent to the President and Deputy Chief-of-Staff\nDavid Watkins, Assistant to the President for Office of Administration and Management\nChristine Varney, Deputy Assistant to the President and Cabinet Secretary\nOFFICE OF PERSONNEL\nBruce Lindsey, Assistant to the President and Senior Advisor and Director, Office of Personnel\nSTAFF SECRETARY\nJohn Podesta, Assistant to the President and Staff Secretary\nDEPUTY ASSISTANT TO THE PRESIDENT FOR APPOINTMENTS AND SCHEDULING\nNancy Hemreich, Deputy Assistant to the President for Appointments and Scheduling\nNATIONAL SERVICE\nEli Segal, Assistant to the President and Director of the Office of National Service\nOFFICE OF THE COUNSEL\nBernie Nussbaum, Assistant to the President and Counsel\nVince Foster, Deputy Assistant to the President and Deputy Counsel to the President\nRon Klain, Associate Counsel to the President\nCheryl Mills, Associate Counsel to the President\nOFFICE OF THE FIRST LADY\nMaggie Williams, Assistant to the President and Chief-of-Staff, Mrs. Clinton\nMelanne Verveer, Deputy Assistant to the President and Deputy Chief-of-Staff\nLisa Caputo, Deputy Assistant to the President and Press Secretary\nAnne Stock, Special Assistant to the President and Social Secretary\nPatti Solls, Special Assistant to the President and Director of Scheduling for the First Lady\nDOMESTIC POLICY COUNCIL\nCarol Rasco, Assistant to the President for Domestic Policy\nBruce Reed, Deputy Assistant to the President for Domestic Policy\nWilliam Galston, Deputy Assistant to the President for Domestic Policy\n1\n01-14-1993 15:08\n501 372 1215\nCLINTON FOR PRESIDENT\nP.01\nShirley Sagawa, Special Assistant to the President for Domestic policy\nNATIONAL ECONOMIC COUNCIL\nBob Rubin, Assistant to the President for Economic Policy\nGene Sperling, Deputy Assistant to the President for Economic Policy\nW. Bowman Cutter, Deputy Assistant to the President for Economic Policy\nNATIONAL SECURITY COUNCIL\nAnthony Lake, Assistant to the President for National Security Affairs\nSandy Berger, Deputy Assistant to the President for National Security Affairs\nNancy Soderberg, Special Assistant to the President for National Security Affairs and Staff\nDirector, National Security Council\nSENIOR ADVISOR FOR POLICY DEVELOPMENT\nira Magaziner\nOFFICE OF COMMUNICATIONS\nGeorge Stephanopoulos, Assistant to the President and Director of Communications\nDee Dee Myers, Deputy Assistant to the President and Press Secretary\nRicki Seidman, Deputy Assistant to the President and Deputy Director of Communications\nDavid Dreyer, Deputy Assistant to the President and Director for Planning\nJeff Eller, Deputy Assistant to the President and Director for Media Affairs\nBob Boorstin, Special Assistant to the President for Policy Coordination\nMichael Waldman, Special Assistant to the President for Policy Coordination\nDavid Kusnet, Special Assistant to the President for Speechwriting\nAnne Walker, Spacial Assistant to the President and Director of Research\nKeith Boykin, Special Assistant to the President and Director of News Analysis\nLEGISLATIVE AFFAIRS\nHoward Paster, Assistant to the President and Director for Legislative Affairs\nSusan Brophy, Deputy Assistant to the President and Deputy Director of Legislative Affairs\nSteve Richetti, Special Assistant to the President for Legislative Affairs\nSCHEDULING AND ADVANCE\nMarcia Hale, Assistant to the President and Director of Scheduling and Advance\nIsabelle Rodriguez Tapia, Deputy Assistant to the President and Deputy Director\nPUBLIC LIAISON\nAlexis Herman, Assistant to the President and Director of Public Liaison\nDorls Matsul, Deputy Assistant to the President and Deputy Director of Public Liaison\nMike Lux, Special Assistant to the President for Public Liaison\nAmy Zisook, Special Assistant to the President for Public Liaison\nPOLITICAL AFFAIRS\nRahm Emanuel, Assistant to the President and Director of Political Affairs\nJoan Baggett, Deputy Assistant to the President and Deputy Director of Political Affairs\nElaine Welss, Special Assistant to the President of Political Affairs\n2\n01-14-1993 15:09\n501 372 1215\nCLINTON FOR PRESIDENT\nP.02\nINTERGOVERNMENTAL AFFAIRS\nRegine Montoya, Assistant to the President and Director for Intergovernmental Affairs\nJeff Watson, Deputy Assistant to the President and Deputy Director of Intergovernmental\nAffairs\nOFFICE OF THE VICE PRESIDENT\nRoy Neel, Chief-of-Staff\nThurgood Marshall, Jr., Legislative Affairs Coordinator\nGreg Simon, Domestic Policy Advisor to the Vice-President\nMaria Romash, Communications Director\nLeon Fuerth, Assistant to the Vice-President for National Security Affairs\nJack Quinn, Counsel to the Vice President\nKatie McGinty, Special Assistant to the President for the Environment\n-30-30-30-\n3"
}