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Gerald R. Ford Library1000 Beal Avenue,
www.fordlibrarymuseum.gov |
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
Prepared by William H. McNitt, June 1983
[s:\bin\findaid\schmults,
edward - files.doc]
BIOGRAPHICAL
INFORMATION
Edward
Charles Schmults
1949‑53
1953‑55
1955‑58
1958‑73 White & Case
law firm,
1973‑74
1974‑75 Undersecretary of
the Treasury
1975‑77 Deputy Counsel to
the President
1977‑81 Partner, White and
Case law firm,
1981‑ Deputy Attorney
General, Department of Justice
BIOGRAPHICAL
INFORMATION
Philip
Elias Areeda
1947‑51
1951‑54
1954‑55 Sinclair Kennedy Travelling Fellowship, Harvard
1955‑57
1957‑61 Special Assistant,
then Assistant Special Counsel to President Dwight D. Eisenhower
1961‑74 Professor,
1969 Executive
Director, Cabinet Task Force on Oil Import Control
1974‑75 Counsel to the
President
1975‑ Professor,
BIOGRAPHICAL
INFORMATION
Roderick
M. Hills
1948‑52
1952‑55
1955‑57 Law Clerk to
Justice Stanley Reed of the
1957‑62 Associate, Musick, Peeler & Garrett law firm,
1962‑71 Partner, Munger, Tolles, Hills & Rickershauser,
1969‑70 Visiting
Professor,
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,
1978‑
Partner,
Latham,
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
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,
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
Abortion
Action Memoranda
(1)-(14)
Action Memoranda
(15)-(17)
Advance Office ‑
Volunteer Advancemen
Advisory
Committee Act
Affirmative
Action Meeting,
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,
Airlines
‑
‑ Civil
Aeronautics Board: Advisory Committee on Procedural Reform
‑ Civil
Aeronautics Board: General
‑
International Aviation Policy (1)‑(2)
‑ Pan
American
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)
Airlines
‑ Release
of CAB Decisions
- Service to
: Airline Correspondence
(1)‑(2)
: Congressional
Correspondence
: Decision
: General (1)‑(2)
:
: Publication of
Decision
‑
Transatlantic Route Proceedings (1)‑(2)
Amnesty, Jan.
1977
Antitrust
‑
Bottlers' Legislation (1)
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)
Antitrust
‑
Legislation
: Memoranda to
the President (2)
: President's
Meeting with Attorney General Levi,
‑ Parens Patriae (1)‑(4)
‑ Policy
Statement (1)‑(3)
Appointments to
Positions
‑ General
(1)‑(3)
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)
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,
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
Capital
Punishment
Cargo Preference
(H.R. 8193)
Case Act
(Transmitting International Agreements to Congress)
Census Data ‑
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
Conference on
Security and Cooperation in
Conflict of
Interest (1)‑(2)
Conflict of
Interest ‑ Task Force Report (1)‑(2)
Consumer Product
Safety Commission
Consumer
Protection Agency
Consumers ‑
Report from
Continental
Illinois Bank
Copyright
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
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
‑ Energy
‑ 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
Energy
‑ Oil Fee
Case (1)‑(2)
‑ Oil
Import Fees
‑ Report
on Administration of Energy Shortages
‑ Solar
Lab
Equal Employment
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
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
Freedom of
Information Act
General Dynamics
Corporation
General Services
Administration
Gifts to White
House
Goldwin, Robert
(Speech)
Gould, Kingdon
Government
Accounting Office
Government in
the Sunshine
Grain Sales to
the
Hatch Act