Shmults, Edward

Counsel to the President

EDWARD C. SCHMULTS

Deputy Counsel to the President; Co-Chair,

Domestic Council Review Group on Regulatory Reform:

Files, 1974-77

SUMMARY DESCRIPTION

Materials concerning advice given to President Ford and White House staff members on a variety of domestic and foreign policy issues involving legal questions, constitutional or statutory powers of the President, conflict of interest rules, standards of conduct, and political restrictions. Also files concerning the Domestic Council Review Group on Regulatory Reform. The collection includes much material created or received by Schmults' predecessors Philip Areeda and Roderick Hills.

QUANTITY

15.6 linear feet (ca. 31,200 pages)

DONOR

Gerald R. Ford (accession number 77-11 and 77-107)

ACCESS

Open. Some items are temporarily restricted under terms of the donor's deed of gift, a copy of which is available on request, or under National Archives and Records Administration general restrictions (36 CFR 1256).

COPYRIGHT

Gerald Ford has donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. The copyrights to materials written by other individuals or organizations are presumed to remain with them. Works prepared by U.S. Government employees as part of their official duties are in the public domain.

Prepared by William H. McNitt, June 1983

[s:\bin\findaid\schmults, edward - files.doc]

BIOGRAPHICAL INFORMATION

Edward Charles Schmults

Feb. 6, 1931 Born in Paterson, NJ

1949‑53 Yale University (B.S.)

1953‑55 U.S. Marine Corps

1955‑58 Harvard Law School (LL.B. Cum Laude)

1958‑73 White & Case law firm, New York City; specialized in corporate and securities law; partner, 1965‑73.

1973‑74 General Counsel, U.S. Treasury Department

1974‑75 Undersecretary of the Treasury

1975‑77 Deputy Counsel to the President

1977‑81 Partner, White and Case law firm, New York City

1981‑ Deputy Attorney General, Department of Justice

BIOGRAPHICAL INFORMATION

Philip Elias Areeda

Jan. 28, 1930 Born in Detroit, MI

1947‑51 Harvard College (A.B. Summa Cum Laude)

1951‑54 Harvard Law School (LL.B. Summa Cum Laude)

1954‑55 Sinclair Kennedy Travelling Fellowship, Harvard

1955‑57 U.S. Air Force

1957‑61 Special Assistant, then Assistant Special Counsel to President Dwight D. Eisenhower

1961‑74 Professor, Harvard Law School, specializing in antitrust law and other economic law

1969 Executive Director, Cabinet Task Force on Oil Import Control

1974‑75 Counsel to the President

1975‑ Professor, Harvard Law School

BIOGRAPHICAL INFORMATION

Roderick M. Hills

March 9, 1931 Born in Seattle, WA

1948‑52 Stanford University (B.A.)

1952‑55 Stanford University Law School (LL.B.)

1955‑57 Law Clerk to Justice Stanley Reed of the U.S. Supreme Court

1957‑62 Associate, Musick, Peeler & Garrett law firm, Los Angeles, CA

1962‑71 Partner, Munger, Tolles, Hills & Rickershauser, Los Angeles, CA

1969‑70 Visiting Professor, Harvard Law School

1972‑75 Chairman of the Board, Republic Corporation

1975 Counsel to the President

1975‑77 Chairman, Securities and Exchange Commission

1977‑78 Chairman and Chief Executive Officer, Peabody Coal Company, St. Louis and Washington

1978‑ Partner, Latham, Watkins & Hills, Washington, D.C.

INTRODUCTION

The Edward C. Schmults files, 1974‑77, include materials created or received by Schmults and his two predecessors, Philip E. Areeda and Roderick M. Hills. Schmults had the title Deputy Counsel to the President while Areeda and Hills were Counsel to the President. The three had virtually the same duties and responsibilities and served successively as the primary assistant to Philip Buchen, head of the Counsel's Office under President Ford. Areeda served from October 1974 to February 1975, Hills from March to October 1975, and Schmults from October 1975 to January 1977. At each transition they passed their office files to their successor who continued to interfile new materials into them.

The three men provided legal advice to President Ford and members of the White House staff, handled administrative matters, and reviewed for legal concerns documents produced by other White House offices. They gave advice on domestic and foreign policy issues (especially those involving legal questions), constitutional or statutory powers of the President, acceptance of gifts, and the Hatch Act and other political restrictions. Among the administrative matters they handled were conflict of interest questions, standards of conduct, secret service protection authorizations, and approval of White House contacts with independent regulatory agencies. They also reviewed action memoranda, proclamations, executive orders, Civil Aeronautics Board decisions, and personnel appointment memoranda.

As an outgrowth of their responsibilities relating to regulatory commissions, both Hills and Schmults served successively as co‑ chairs of the Domestic Council Review Group on Regulatory Reform. Schmults also continued his involvement with a small number of issues such as revenue sharing and railroad reorganization which he had handled in his previous position with the Treasury Department.

This collection documents the work of the three men in all their areas of responsibility. Although the file includes some information on a variety of policy issues, the Counsel's office did not have primary responsibility for most policy planning or implementation and became involved only to the extent that the issues involved legal questions. Therefore the collection is strongest on a fairly small number of subjects such as antitrust legislation, questionable corporate payments abroad, regulatory reform, and sex discrimination (Title IX) which had direct legal ramifications. Materials on revenue sharing and railroad reorganization reflect Schmults' continued interest in those issues.

This collection is also useful for studying the Ford administration's use of constitutional or statutory powers such as executive privilege or the pocket veto and the topic of legislative encroachment on the powers of the President (especially the question of the one‑house veto). Much of the material on the latter issue relates to the attempts to select a test case in order to determine the constitutionality of the legislative veto.

Materials relating to the Ford administration's regulatory reform program comprise almost one third of the collection. Virtually all of this material dates from the service of Hills and Schmults. This series details the activities of the Domestic Council Review Group on Regulatory Reform and also many of the specific issues they handled. Although regulatory reform materials are in a separate series, occasional items on this topic may also be found in Schmults' general file.

Related Materials (June 1983):

Related materials in the Ford Library include most open collections. Even on issues involving direct legal questions, significant materials appear in the files of staff members of the Domestic Council, the Office of the Assistant for Economic Affairs, and the White House Central Files Subject File. For questions of the President's constitutional or statutory powers related materials appear in the White House Central Files category FE 4‑1 (Presidential Powers). Related regulatory reform materials include the files of Domestic Council Review Group members Paul Leach and Lynn May of the Domestic Council and Paul MacAvoy of the CEA. Additional related materials appear in the files of other Domestic Council staff members, especially those who handled transportation matters, and White House Central Files categories such as BE (Business), CA (Civil Aviation), TN (Transportation, and UT (Utilities).

Series Descriptions

1‑27 General Subject File, 1974-77. (10.8 linear feet)

Memoranda, briefing papers, Q & A's, proposed bills, reports, clippings, motions and decisions for court cases and occasional correspondence from persons outside the federal government. The material relates to policy issues, constitutional questions, administrative matters, and the review of documents by the Counsel's Office. Major topics include: antitrust, Arab Boycott, busing, Civil Aeronautics Board decisions, executive privilege, legislative encroachment, New York City finances, oil import fees, questionable corporate payments abroad, railroad reorganization, revenue sharing, and sex discrimination (Title IX).

Arranged alphabetically by subject.

28‑39 Regulatory Reform Subject File, 1975-77. (4.8 linear feet)

Memoranda, agendas, meeting summaries, status reports, press releases, proposed bills, briefing papers, reports and some correspondence from persons outside the federal government. The material relates to the work of the Domestic Council Review Group on Regulatory Reform and various proposals to reduce regulation. Major topics include: Agenda for Government Reform Act, airlines, costs of regulation, meetings between the President and regulatory commissioners, Robinson‑Patman Act reform, telecommunications (especially cable TV and the telephone industry), and the trucking industry.

Arranged alphabetically by subject.

Container List

Box 1 General Subject File

Abortion

Action Memoranda (1)-(14)

Box 2 General Subject File

Action Memoranda (15)-(17)

Advance Office ‑ Volunteer Advancemen

Advisory Committee Act

Affirmative Action Meeting, 9/10/75

Agency Chairmen ‑ President's Power to Appoint and Remove

Aircraft Noise ‑ Dept. of Transportation Proposal (1)‑(2)

Aircraft Noise ‑ General

Aircraft Noise ‑ James Cannon Memo, 8/25/76

Airlines

‑ Belgium's Request for Additional Landing Rights

‑ Civil Aeronautics Board: Advisory Committee on Procedural Reform

‑ Civil Aeronautics Board: General

‑ International Aviation Policy (1)‑(2)

‑ Pan American

Box 3 General Subject File

Airlines

‑ Presidential Review of CAB Decisions

: Agency Comments (1)‑(4)

: Comments of the American Bar Association

: Draft Memoranda to the President (1)‑(3)

: Drafts of Executive Order

: Fact Sheet

: General (1)‑(3)

Box 4 General Subject File

Airlines

‑ Release of CAB Decisions

- Service to Saipan Case

: Airline Correspondence (1)‑(2)

: Congressional Correspondence

: Decision

: General (1)‑(2)

: Marianas and Guam Correspondence

: Publication of Decision

‑ Transatlantic Route Proceedings (1)‑(2)

Amnesty, Jan. 1977

Antitrust

‑ Bottlers' Legislation (1)

Box 5 General Subject File

Antitrust

‑ Bottlers' Legislation (2)

‑ General

‑ Hart‑Scott Bill: Copies of the Bill (1)‑(2)

‑ Hart‑Scott Bill: General (1)‑(3)

‑ Hart‑Scott Bill: Senate Report

‑ Hart‑Scott Bill: Title V

‑ Legislation

: General (1)‑(3)

: Memoranda to the President (1)

Box 6 General Subject File

Antitrust

‑ Legislation

: Memoranda to the President (2)

: President's Meeting with Attorney General Levi, 5/4/76

‑ Parens Patriae (1)‑(4)

‑ Policy Statement (1)‑(3)

Appointments to Positions

‑ General (1)‑(3)

Box 7 General Subject File

Appointments to Positions

‑ General (4)‑(6)

‑ Judges, Attorneys and Marshals (1)‑(2)

‑ Regulatory Agencies (1)‑(3)

Arab Boycott

‑ American Jewish Congress v. Henry Kissinger

‑ Congressional Research Service Opinion on the Export Administration Program

‑ Contempt Citation Against Secretary Morton (1)‑(2)

‑ Export Administration Regulations Revisions

‑ General (1)

Box 8 General Subject File

Arab Boycott

‑ General (2)‑(3)

‑ Legislation (1)‑(4)

‑ Memoranda to the President (1)‑(3)

‑ Presidential Statements and Speeches

‑ Release of Boycott‑Related Reports

‑ Testimony of Elliot Richardson, 10/20/76

Box 9 General Subject File

Bankruptcy Act (1)‑(4)

Budget Act

Busing

‑ Administration Bill (1)‑(3)

‑ Court Decisions (1)‑(2)

‑ General (1)‑(2)

Callaway, Howard H.

Canadian‑American Tax Treaty

Box 10 General Subject File

Capital Punishment

Cargo Preference (H.R. 8193)

Case Act (Transmitting International Agreements to Congress)

Census Data ‑ U.S. v. IBM Antitrust Case (1)‑(2)

Census Proposal

Central Intelligence Agency Commission (Rockefeller Commission)

Chinese Aircraft ‑ Seizure of

Commission on Critical Choices

Commodity Futures Trading Commission ‑ Appointment of Executive Director

Common Situs Picketing (1)‑(2)

Communications Satellite Corporation (COMSAT) Suit Against the Federal Communications Commission (1)‑(2)

Concorde Landing Rights Decision

Box 11 General Subject File

Conference on Security and Cooperation in Europe (Press Release)

Conflict of Interest (1)‑(2)

Conflict of Interest ‑ Task Force Report (1)‑(2)

Consumer Product Safety Commission

Consumer Protection Agency

Consumers ‑ Report from Virginia Knauer, 5/8/75

Continental Illinois Bank

Council on International Economic Policy ‑ Legislation

Counsel's Office

‑ Administrative (1)‑(2)

‑ Assignment Log (1)‑(2)

‑ Log of Action Items

Crime (1)‑(2)

Criminal Code Reform Project

Cuban Refugees

Box 12 General Subject File

Deltec International Limited ‑ Seizure of Assets

Domestic Council

Drug Abuse

Economic Policy

Economic Policy Board ‑ Executive Committee Agendas

Economic Report of the President

Economy

Energy

‑ Energy Corporation of Louisiana

‑ Energy Independence Authority (1)‑(3)

‑ Energy Research and Development Administration

‑ Federal Energy Administration Compliance Program

‑ Federal Energy Administration Extension

‑ General

‑ Natural Gas Emergency Stand‑by Act

‑ Natural Gas Story Investigation

‑ Nuclear Fuels Assurance Act

‑ Oil Decontrol

Box 13 General Subject File

Energy

‑ Oil Fee Case (1)‑(2)

‑ Oil Import Fees

‑ Report on Administration of Energy Shortages

‑ Solar Lab

Equal Employment Opportunity Commission

Executive Orders

Executive Privilege

‑ Article by Paul Freund

‑ Concorde

‑ El Al Landing Rights Decision

‑ Freedom of Information Act Amendments

‑ General (1)‑(2)

‑ President Nixon

‑ Trident Submarine Documents

‑ White House Aides: Testimony Before Congressional Committees

Explosives ‑ Identification and Detection

Expo 81

Export Control Procedures

Federal Court System

Box 14 General Subject File

Federal Election Commission

‑ General

‑ H.R. 12015

‑ H.R. 12406

‑ S. 3065

Federal Maritime Commission ‑ Appointments

Federal Property Council

Files ‑ Lists of

Firearms (Gun Control) (1)‑(2)

Flag Tanker Encouragement

Ford Administration ‑ 1st Year Report

Ford Administration ‑ 2nd Year Report

Ford ‑ Carter Debates

Foreign Investment in the United States

Freedom of Information Act

General Dynamics Corporation

General Services Administration

Geneva Protocol

Gifts to White House

Goldwin, Robert (Speech)

Gould, Kingdon

Government Accounting Office

Box 15 General Subject File

Government in the Sunshine

Grain Sales to the Soviet Union

Hatch Act

Health Maintenance Organizations

Helicopters Assigned to the White House

Housing and Urban Development, Dept. of

I‑66 (Washington, D.C.)

Impoundment

Indians

Inflation Impact Statements

Internal Revenue Service

‑ General

‑ Private Schools

‑ Rules of Professional Conduct

International Trade Commission

Investment Advisors Act

Justice Department

Land Patents

Law of the Sea Negotiations (1)

Box 16 General Subject File

Law of the Sea Negotiations (2)‑(3)

Lebanon Evacuation

Legal Services Corporation (1)‑(2)

Legislative Encroachment

‑ Confirmation of the Commissioner of the Rehabilitation Services

Administration

‑ Confirmation of the Director of the Mine Enforcement and Safety

Administration

‑ Federal Pay Comparability Act (1)‑(2)

‑ General (1)‑(3)

‑ Meetings (1)‑(2)

Box 17 General Subject File

Legislative Encroachment

‑ Testimony

Letelier, Orlando ‑ Bombing Investigation

Leveraged Leases ‑ Administration Policy on

Lobbying Act ‑ Review of White House Mailings

Lockheed

Maximum Allowable Cost Regulations ‑ Medicare and Medicaid (1)‑(3)

Meat Import Policy

Medal of Freedom

Memoranda to the President ‑ Areeda

Memoranda to the President ‑ Schmults (1)‑(5)

MIA Presidential Board

Moscow Embassy Radiations

Multinational Corporations

Box 18 General Subject File

Murphy Commission (1)‑(2)

National Conference of Commissioners on Uniform State Laws

‑ Class Actions Act

‑ Commercial Code

‑ Comparative Fault Act

‑ Condominium Act

‑ Corrections Code

‑ Exemptions Act

‑ General

‑ Limited Partnership Act

‑ Simplification of Land Transfers Act (1)‑(3)

Box 19 General Subject File

National Crime Information Center

New York City Finances

‑ General

‑ Legislation (1)‑(2)

‑ President's Press Conference, 11/26/75

‑ Report by Bill Seidman, 9/2/75

‑ White House Press Release, 11/26/75

‑ Wylie Amendment

Nixon Papers (1)‑(2)

Nixon Pardon

Nuclear Power

Olson, Frank

‑ CIA Documents

Box 20 General Subject File

Olson, Frank

‑ General (1)‑(2)

‑ Meeting with Olson's Family 7/21/75

‑ Private Relief Bill (1)‑(2)

OPEC ‑ Status Under Antitrust Laws

Pacific 21

Panama Canal

Pardoning Watergate Defendants

Patent Law Reform

Pathfinder Services and the Federal Energy Administration Peacetime Nuclear Emergencies ‑ Presidential Authority

Pension Reform

Peterson Commission (Government Salaries)

Pocket Veto (1)‑(4)

Box 21 General Subject File

Power of Appointment

President Ford Committee (1)‑(3)

President

‑ Meetings

- Speeches

‑ Statements

‑ Thank You Letters (1974 Campaign)

Presidential Papers: The Future

Prison Construction

Privacy ‑ Criminal Justice Information Systems

Privacy ‑ General

Puerto Rico ‑ Use of Federal Forces in

Question and Answer Briefing Sheets

Questionable Corporate Payments Abroad

‑ Clippings

‑ General (1)‑(2)

Box 22 General Subject File

Questionable Corporate Payments Abroad

‑ Lockheed (1)‑(2)

‑ Q & A's

‑ Task Force (1)‑(3)

Railroads

‑ Administration Initiatives

‑ AMTRAK

‑ Conrail

‑ Court Cases (1)‑(3)

‑ General

‑ Penn Central

Box 23 General Subject File

Railroads

‑ Report on Classification and Designation (1)‑(2)

‑ U.S. Railway Association (1)‑(5)

Refugee Task Force

Regulatory Agencies ‑ White House Contacts With (1)‑(2)

Rehabilitation Act Amendments of 1974

Renegotiation Act

Renegotiation Board

Republican Congressional Committee ‑ Fundraising Letters

Republican National Convention, 1976

Resumes (1)

Box 24 General Subject File

Resumes (2)‑(8)

Revenue Sharing

‑ Chicago Court Case (1)‑(2)

‑ General (1)‑(3)

Box 25 General Subject File

Revenue Sharing

‑ Urban League of Rochester Conference, 10/2‑3/75 (1)‑(2)

Savings Bond Campaign

Scheduling

School Integration

Seals (Namibian Fur)

Secret Service Protection

Severance Pay for White House Staff

Sex Discrimination (Title IX)

‑ College Athletics

‑ Copy of Regulations

‑ General (1)‑(3)

‑ James Cannon Memorandum, 4/25/75 (1)‑(2)

Sheepherders

Special Session of Congress

Box 26 General Subject File

Standards of Conduct

State of the Union Address, 1975 (1)‑(2)

Strip Mining (Jimmy Carter Position on)

Supreme Court ‑ Stevens Nomination (1)‑(2)

Taxes

‑ General

‑ Tax Consequences of the Use of Air Force One

‑ Tax Treaty Between the U.S. and the United Kingdom

Telecommunications Policy, Office of (1)‑(3)

Telecommunications Security

Third Flag Bill (Maritime Industry)

Transition, 1974

Transition, 1977

Box 27 General Subject File

Transportation Office (Press Corps Charter)

Urban Mass Transportation Act ‑ Section 13(c) Procedures

Vice President (25th Amendment)

Voter Registration Act

Voting Rights Act ‑ San Antonio Annexation

War Risk Insurance

Washington Star/WMAL Proceeding

Water Quality Commission

‑ Domestic Council Task Force Report (1)‑(2)

‑ General (1)‑(2)

Watergate Reorganization and Reform Act (1)‑(2)

White House Budget ‑ Authorizing Legislation

White House Computers

White House Weapon Detection Systems

World Law Conference, 10/12‑17/75

Zero Base Budgeting

Box 28 Reulatory Reform Subject File

Administration Program

Agenda for Government Reform Act (1)‑(7)

Agriculture Department Reform

Air Brake Safety Standard 121 (1)‑(2)

Air Freight

Airlines (1)‑(2)

29 Regulatory Reform Subject File

Airlines (3)‑(8)

Airlines

‑ Background of Regulation and Rationale for Change

‑ Comments on Deregulation of the Port Authority of New York and New Jersey

‑ Report to the Economic Policy Board

Banks

Commerce Department Reform

Correspondence

‑ Persons Outside of the Government (1)‑(2)

Box 30 Regulatory Reform Subject File

Correspondence

‑ Persons Outside of the Government (3)‑(5)

‑ Regulatory Commissioners (1)‑(2)

Costs of Regulation ‑ American Petroleum Industry Study

Costs of Regulation

‑ Clippings (1)‑(2)

‑ General (1)‑(2)

Domestic Council Review Group

‑ Agendas (1)‑(2)

‑ General (1)

Box 31 Regulatory Reform Subject File

Domestic Council Review Group

‑ General (2)‑(4)

‑ Meeting Summaries

‑ Regulatory Reform Status Reports (1)‑(3)

‑ Report to the President, Jan. 1977 (1)‑(2)

Environmental Protection Agency (1)‑(3)

Fair Trade Legislation

Federal Maritime Commission (1)‑(2)

Box 32 Regulatory Reform Subject File

Federal Trade Commission

Health, Education, and Welfare, Dept. of

Housing and Urban Development, Dept. of

Insurance Reform

Labor Department Reform (1)‑(3)

Legislation ‑ General

Maritime Task Force

Meeting

‑ President and Members of Congress, 6/25/75 (1)‑(5)

‑ President and Regulatory Commissioners, 7/10/75

: Agenda

: General (1)

Box 33 Regulatory Reform Subject File

Meeting

‑ President and Regulatory Commissioners, 7/10/75

: General (2)‑(3)

: Status Reports (1)‑(4)

‑ President and Regulatory Commissioners, 4/8/76 (1)‑(2)

Meeting with Congressional Staff Members

Nader, Ralph ‑ Statements on Regulatory Reform

Occupational Safety and Health Administration

Paperwork

Question and Answer Briefing Sheets

Box 34 Regulatory Reform Subject File

Railroad Revitalization and Regulatory Reform Act

Readability of Regulations

Reference Material

Regulatory Commissions

‑ 1937 and 1970 Studies

‑ Reports to the President on Regulatory Reform, 12/31/75 (1)‑(4)

‑ Summary

Regulatory Reform Commission

Regulatory Reform ‑ General (1)‑(4)

Box 35 Regulatory Reform Subject File

Regulatory Reform ‑ General (5)‑(7)

Robinson‑Patman Act Reform

‑ General (1)‑(2)

‑ Justice Department Report (1)‑(5)

‑ Review Group Hearings (1)‑(3)

Box 36 Regulatory Reform Subject File

Robinson‑Patman Act Reform

‑ Review Group Hearings (4)

‑ Review Group Report (1)‑(5)

Senate Committee on Commerce Symposium, 6/23/75

Senate Study on Regulatory Reform

Short Term Task Forces (1)‑(2)

Small Business

Snowmobile Industry

Speeches ‑ General (1)‑(3)

Box 37 Regulatory Reform Subject File

Speeches ‑ President (1)‑(3)

Synopsis of Administration Efforts

Telecommunications

‑ Cable TV

: Analysis of Principle Issues (1)‑(3)

: General (1)‑(4)

: House Commerce Subcommittee Report

‑ Citizens Band Radio

Box 38 Regulatory Reform Subject File

Telecommunications

‑ General (1)‑(3)

‑ Telephone Industry

: General (1)‑(4)

: Legislation (1)‑(3)

Transportation Department Reform

Gerald R. Ford Library

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