-
https://clinton.presidentiallibraries.us/files/original/6a751c2a4ab70c4ac9ce59bf70e7a8ae.pdf
82500ed4b3bd91a879b755c0fbc9cc7c
PDF Text
Text
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
00 I a. letter
00 Ib. fact sheet
SUBJECTfTlTLE
DATE
RESTRICTION
1
I
David Wilhelm to Rasco re political (1 page)
04/2711993
Personal Misfile
DNC New York Presidential Gala (1 page)
nd
perLnal Misfile
1
00 Ic. invitation
DNC (I page)
nd
perLnal Misfile
00 Id. program
DNC, May 12, 1993 (1 page)
nd
perLnal Misfile
OOle. list
DNC benefit and honorary committees (I page)
nd
peJonal Misfile
001 f. envelope
DNC invitation (I page)
nd
perJonal Misfile
001g. envelope
DNC to Rasco (I page)
04/2911993
perlnal Misfile
002. memo
NEAINEH Search Team to Bruce Lindsey re NEAINEH Chairs (9
pages)
01/2811993
P2, P5, P6/b(6)
003. memo
William Gi1cher, et aI, to Bruce Lindsey re Director, Institute of
Museum Services (3 pages)
01/2811993
P2, P5, P6/b(6)
, I
I
\
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
ONBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
2010-0 \98-S
kc423
RESTRICTION CODES
Presidential Records Act -144 U.S.c. 2204(a)1
Freedom of Information Act - 15,U.S.c. 552(b)1
PI National Security Classified Information l(a)(I) of the PRAI
P2 Relating to the appointment to Federal office l(a)(2) of the PRAI
P3 Release would violate a Federal statute \(a)(3) of the PRAI
P4 Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRAI
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors la)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
'
personal privacy l(a)(6) of the PRAI
b(l) National security classified information l(b)(I) of the FOIAI
b(2) Release would disclose internal personnel rules andlpractices of
an agency l(b)(2) of the FOIAI
b(3) Release would violate a Federal statute l(b)(3) of the FOIAI
b(4) Release would disclose trade secrets or confidential ~r financial
information l(b)(4) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
I
purposes I(b)(7) of the FOIAI
b(8) Release would disclose information concerning the r~gulation of
financial institutions I(b)(8) of the FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells I(b)(9) of the FOIAI
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
I
I
I
I
�Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
DATE
SUBJECTITITLE
RESTRICTION
I
001 a. letter
David Wilhelm to Rasco re political (1 page)
04/2711993
perLnal Misfile
001 b. fact sheet
DNC New York Presidential Gala (1 page)
nd
perLnal Misfile
ODIc. invitation
DNC (1 page)
nd
perional Misfile
001 d. program
DNC, May 12, 1993 (1 page)
nd
peJonal Misfile
ODIe. list
DNC benefit and honorary committees (1 page)
nd
perlnaI Misfile
001 f. envelope
DNC invitation (1 page)
nd
perlnal Misfile
OOlg. envelope
DNC to Rasco (1 page)
04/29/1993
per1nal Misfile
002. memo
NEAlNEH Search Team to Bruce Lindsey re NEAlNEH Chairs (9
pages)
0112811993
P2,P5
003. memo
William Gilcher, et ai, to Bruce Lindsey re Director, Institute of
Museum Services (3 pages)
01128/1993
P2,P5
I
I
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
OAiBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
2010-0198-S
kc423
RESTRICTION CODES
Presidential Records Act -144 U.S.c. 2204(a)J
Freedom of Information Act -(5 U.S.c. 552(b)]
National Security Classified Information (a)(I) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) ofthe PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors (a)(5) of the PRAl
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRA]
b(l) National security classified information I(b)(l) of the FOlAI
b(2) Release would disclose internal personnel rules and Ipractices of
i
an agency l(b)(2) ofthe FOlAl
b(3) Release would violate a Federal statute l(b)(3) of the FOlAI
b(4) Release would disclose trade seerets or confidential ~r financial
I
information l(b)(4) of the FOlAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6).ofthe FOlAI
b(7) Release would disclose information compiled for law enforcement
I
purposes [(b)(7) of the FOlAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOlA]
b(9) Release would disclose geological or geophysical information
concerning wells I(b)(9) of the FOlAI
PI
P2
P3
P4
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRtVI. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I'
I
I
�THE WHITE HOUSE
WASHINGTON
April 21, 1993
MEMORANDUM TO SENIOR
FROM:
ERICH
~~FF
VADE~ESIDENTIAL
LETTERS AND MESSAGES
PRESIDENTIAL CORRESPONDENCE
THROUGH: . MARSHA SCOTT~
DEPUTY ASSISTANT TO THE PRESIDENT
AND DIRECTOR OF PRESIDENTIAL CORRESPONDENCE
SUBJECT:
CONDOLENCES FROM THE PRESIDENT
Recently, there have been a number of situations in which
multiple requests have been issued for the same condolenc~
letter. In order to prevent more than one condolence letter from
being sent, all requests for condolences from the President
should be sent to me in Room 93 of the Old Executive Offibe
Building. Our office will generate the letter within a d~y of
receiving the request.
.
I
\
..
�May 17, 1993
The Honorable Carol H. Rasco
Assistant to the President for Domestic Policy
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Dear Ms.
Rasc~~
I want to thank you for speaking at the annual White House Fellows Alqmni
Weekend. One of the aims of the White House Fellows program is to give exceptional
individuals from the private sector an opportunity to meet tooay's political leaders. 'Your
educational and entertaining remarks at the Alumni Weekend certainly helped us accomplish
this.
A record number of alumni turned out for the Weekend and, without exqeption,
they felt it was a tremendous success. Afterward, alumni were left to debate which of the
Weekend's events was most exciting: the speeches by politicians, the seminars ~bout
policy issues, the party at Blair House, or the reception at the White House with the
President and Mrs. Clinton.
I have enclosed another letter which asks if you are interested in having a, White
House Fellow on your staff. If, after reading it, you may indeed be interested, please give
mea~L
.
Again, thanks for helping make our Alumni Weekend a success.
Sincerely,
~o~
Brooke Shearer
Director
712 JACKSON PLACE, N.W. I
WASHINGTON, DC 20503
202-395-4522
.~
\
I
�I
!
PRESIDENT'S
COMMISSION ON WHITE HOUSE FELLOWSHIPS
THE WHITE HOUSE
May 17, 1993
The Honorable Carol H. Rasco
Assistant to the President
for Domestic Policy
Executive Office of the President
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
A .. . /J
Dear Ms. Rasco: ~
I
.
During the week of June 1, the President will announce next year's class of White
House Fellows. Each year, eleven to nineteen White House Fellows serve as Special
Assistants to members of the President's White House staff, to the Vice President, to
. .
I
members of the Cabinet, and to agen~y heads. .
We hope that you enjoyed having a Fellow on your staff this year. We ipvite you
to consider having a member of the 1993-94 class of White House Fellows working with
you as a Special Assistant from September 1, 1993, to August 31, 1994. We ate very
proud that the White House Fellows program has lived up to its original promisb of
developing our best and brightest young people for future service to the countryl Your
agreement to participate in the Program will enable us to continue this commitment.
~e
part in
The crux of the program is the work assignment. Although the Fellows
an education program which includes luncheon seminars and occasional travel, Work takes
priority. Your Fellow will become a full and productive member of your staff. !
~erson
If you are interested in selecting a Fellow, please provide the name of a
on
your staff who will serve as a liaison to review resumes and schedule interviews. A set of
files on the new Fellows will be sent to your designee the week of May 31. Interviews will
I
be scheduled the week of June 21.
I would be delighted t~ meet with you and your staff to discuss the candidates or
any aspect of the program. I look forward to hearing from you soon.
Sincerely,
/!J/I~
Brooke Shearer
Director
712 JACKSON PLACE, N.W.
/
WASHINGTON, DC 20503
202-395-4522
�"""
u.s. ()ffiC8 of personnel Management
PRESIDENT'S COMMISSION
ON WHITE HOUSE FELLOWSHIPS
712 Jackson Place. N.W.
Washington, D.C. 20503
~
u.s.MAlL
®
POSTAGE AND FEES PAID
U.S. OFFICE OF
OFFICIAL BUSINESS
Penalty for private Use, $300
PERSONNELMANAGEM~
OPM·245
The Honorable Carol H. Rasco
Assistant to the President for Domestic Policy
The White House
1600 Pennsylvania Avenue
Washington. DC 20500
(')
r
Z
d
z
-""'~
6:i
~
::0
....-:::
"'0
:J:
a
b
C')
o
'"'0
-<
CON 1:!0*3
JunG 1985
I
J
�THE WHITE HOUSE
WASHINGTON
TO:
David Watkins
FROM:
Carol H. Rasco
SUBJ:
White House Fellows
DATE:
May 24, 1993
i
I
I have been notified by the Commission on White House Fellowships
that I am eligible to receive a Fellow again next year land have
told the organization I am very interested. I am assuming that
once again the "Fellows" won't count against our emploYment cap
as I otherwise must decline. I have valued greatly the
assistance the Fellow assigned to the Domestic Policy eouncil has
provided and very much look forward to having someone again next
I
year.
i
Thank you!
�~-~'6\COJ\tt~t\JJ..~\'OJtu~\~_
..
.
-
\
'
THE
POLITICAL SCENE'·)
~
"-....
~
does not facilitate the wholesale
restructuring of the former defense
industries. Tax and other incentives
should be offered to workers and man
agers to encourage them to create and
enter new companies, rather than
remain in the current bureaucratically
_:','i'.:' :"'. '.
' ...
encrusted settings.
• ~ Focus on consortia of defense
suppliers. Instead of expecting giant
fIuns to create new industries such as
the. manufacture of rail.cars, it makes
more sense to encourage smaller, more
nimble suppliers to band together.
Many of these fIrms are'already "dual
use? suppliers who have-learned over
the :years to sell in both commercial
and military settings.
. .~.: .... , .
.~ .. ~·_Focus on the creation of indus
trial growth, particularly in new
industries. Incentives should be
made available to firms that can
-absorb defense workers (like electron
ics or medical equipment) if they'
demonstrate_they can perform this task
successfully. No conversion funds
should be used, directly or indirectly,
for companies who then squander pub
lic.resources on stock buy backs or
dividends.
T
hese prescriptions make
{ infi~itely goo~ sense ~ eco
'. nomlcally, SOCially and, In the
long run, politically. Public efforts to
aid "conversion" to the post-Cold War
economy - whether underwritten by
the new Administration in Washing
ton, or by the state - should be
devised to meet the real needs of com
munities and people.
. Joel Kotkin and David Friedman are the
authors o/The Los Angeles RiolS: Causes
Myths and Solutions, published by the Pro
gressive Policy Institute.
THI
NEW
Dlooel.'
~~'l"'~
THE PREs/(jENT HAS SEEN
'~"
X· .
. "
ARKET·, ·' Wt
M
B:y P""A
UL
P-il. Y 0 E
I
E
n the aftermath of the Los Angeles
African-Americah married couples, for
I
:;riots, almost everybody acknowl-· example, have almost reached parity
! dges the: importance of creating
with their whitel counterparts, thanks
primarily to the ¢nshrinement of these
new jobs, business opportunities and
wealth for the:residents of America's
twin (still imperfectly observed)
cities.
.___'-" :~:,-;:;:c,:·: '" ·,:·;,·,·n,,-',
notions..: ".:,.(.:... .
.
So why hasn'tjthe market worked for
The question is how to do it...The
answer is a _word we - - - - - - - - - - - '.. the black poor? Maybe
AfricanAmericans have can we make the market itl~s because the. black
been hesitant even to .
: . middle class -which,
consider: markets.
work- for the discollr- + r all, sets the policy
The irony here is that
agenda for black Ameri
the black struggle for aged, isolated and fre- c&--'- doesn't believe the
equality has been shaped
rriarket can work for
by two important (though quently
embittered pbor people. Indeed,
rarely explicit) marketdbspite
rhetoric
based principles./lunderclass"?
atlknowledging that the
The-first is that all
problems of the poor
Americans are entitled to fair treatment
can only be solvJi through the creation
in. the marketplace. In labor, housing or
of private jobs
wealth, we continues
to act on the asswhption that markets are
product markets, blacks should be
accorded the same treatment as their
the cause of poverty, and that compas
sionate governme~t is the cure.
white counterparts. Black dollars
1
should be able to buy the same housing
Our agenda has proceeded from the
as white dollars. Black Ivy League
belief, not alway~ articulated, that the
way to handle thb unemployment. dis
graduates should be treated just like
1
.
white Ivy League graduates in the com
investment and poverty caused by mar
ket malfunctions !(including racial dis
petition for jobs. Black consumers
crimination) is tb replace the market
should be treated just like white con
I.
.
rather than to reparr--or create- It.
sumers in restaurants, hotels and the
aters.
Can we make: the market work for
The second principle is that it is the
the discouraged, isolated and frequently
responsibility of government to ensure
embittered "unde~lass?" The answer is
an unqualified ",yes," though it will
that markets function fairly. Thus, gov
require us to r~think some of the
ernment is obligated to outlaw racial
approaches that ~ave achieved the sta
covenants in housing markets, require
employers to hire on a non-discrimina
tus of received wi~dom.
I
Here are ten heretical proposals,
tory basis and penalize businesses that
refuse to serve black customers.
which would do; more for the black
That the two principles have worked
poor than the holy writ they would
well for the black middle class is
replace.
I
beyond dispute. Discrimination still
exists, of course, but its effect has been
1/ Spend wiselr, not simply more,
L. to combat poverty. In spite of
greatly moderated. Well-educated,
1
and
1
I
1
I
I
13
�THE POLITICAL SCENE
'.
I
huge increases in social spending over
theJast 30 years, the· problems of the
iriner-city have grown more intractable.
'I1ie problem, accordingto an increas
··:iiig:amount of evidence,. is government
itself..
'~'':~'~~;:~L~~~~~\"
. ': As'David Osborne and.Ted. Gaebler
....:'rTutke clear in Reinventing QO'vernment, '
.. thedarge, bureaucratic::'or~iiations
'..", :~.:. :.":.~thi.t we have m8de·respQ'osible'for solv
'.::,S>;ing,the country's sociaiproblems only
::,~:!~::;:;,\:~&)jstatic tasks, well'-They peiform Poor
, ;;~~1~'i{ly;:idynamic~jo6s thai.
com':
"":/plex, change rapidly or involve custom
. .,~. tailored solutions.
" .
".~~ :?,Cenainly, some public programs
'.':~:need more money, but money spent on
the problems of the inner-city will be
money wasted unless gc;>vernment
learns to spend it better.
are:
. ':. ''; ,
..
.
.. :~:;
.,: ·:::.~;i~,~.Recognize the limit~tions of
.::'L:. ~i~ amrmative action. Eliminating
,; racial discrimination, wherever it exists,
:~ .is~an important and worthwhile goal.
.. However, affirmative action is not a
. particularly useful strategy for the battle
against black poverty and unemploy
ment.
At one time, African-Americans
were routinely denied employment on
the basis of race alone. Blacks with
advanced degrees from Ivy League col
leges were consigned to menial jobs.
TOday, however, most jobless inner-city
residents are unemployed not because
of-overt racial bias, but because of poli
cies and forces that eliminate jobs that
are available.
For example, in 1950,60 percent of
the good-p!lying jobs in America
required little or no skills beyond the
willingness to work hard and show up
on time. In today's knowledge economy
these jobs are gone. Efforts to end racial
discrimination in employment are pow
erless against such trends.
·
3
Give people who live in the
"'i inner-city the job of rebuilding
it~:Renovating buildings in inner-city
II
communities could provide badly need
compensation recipients have success
ed.work for black workers and con
fully started "inicro-businesses" in
fields ranging fr6m furniture restoration
struction fIrmS.
J
u. However, the Davis-Bacon Act, and
to property management. ror example,
other laws requiring that workers on
a .study of 150 ~articipants in a self
federally financed construction jobs be
employment program run by the
paid the ~'p~vailing waget will prevent
Hawaii EntrepJ'dneurship Training and
them froin getting it. There are two rea
Development Institute found. that 66
sons.. ThefU'St is that prevailing wage
percent started businesses and 52 per
laws make projects most likely to be·
~ere still business after one
built b:y black. workers and fIrmS infea
sible.. The: second is that prevailing
laws also prevent non-union
Use, privatization to create black
btack. contractors from· competing suc· . .;;;J_~ businessels. Because.oftising
I
cessfully with large, union contractors.
costs and inefficiency, states and locali
. Davis-Bacon was enacted in 1931 to
ties are beginnin~ to introduce competi
. tion into the deliVery of public. services,
J>!event southern blacks from compet
ing with northern white construction
entering into corltracts under which pri-
I
workers. !fit doesn't make sense to get . vate frrms furnish services once provid
ed exclusively b~ public agencies. This
. rid of it, it should at least be waived for
work in high unemployment areas.
trend offers imP,ortant opportunities in
poor communities.
. Take transpo~tion. In-:Washington,
f Make welfare recipients produc
.. ers, not just consumers. One of
D:C. and a number of other"cities low
I
the major flaws of the' American wel
ridership and nigh costs have made
I
fare system is that it encourages con
serving poor ne,ighborhoods a moneysumption and discourages productiOn. It
losing propositibn. One way to solve
I
rewards spending and penalizes thrift.
this problem would be to contract out
the operation of these routes to private
Indeed, the welfare recipient who
manages, through sacrifice and frugali
fIrmS. By using smaller, less expensive
ty, to put a few dollars aside, for, say,
busses and employing new work rules
her .daughter's college education, may
these firms c061d reduce costs and
I
find that she has broken the law. The
operate profitably the same routes that
savings can represent an illegal "asset"
public authoritie~ want to abandon.
which, at the very least, mandates a
Throughout the country, blacks are
I
reduction in her welfare check and
well-representeq among public agency
managers, administrators, technicians
which could end her welfare eligibility
or'even send her to jail. In short, wel
and line worke~. Privatization creates
fare rules, intended to curb costs by pre
the opportunity !for them to build busi
venting abuse may instead increase.
nesses that improve the quality of local
services while ~reating jobs for inner
these costs by penalizing the very
behavior needed to escape poverty.
city residents and wealth for themselves.
I
Michael Sherraden makes just this
Make schbol choice an engine
point in Assets and the Poor. The
for economic empowerment. A
absence of assets, he argues, keeps pe0
properly-designM public school choice
ple from thinking beyond the short term
program would hot just improve educa
and inhibits productive behavior. How
tion. As in
Harlem's District 4, it
might we do it differently? Self
I
would also encourage teachers and
employment is one answer.
Under several demonstration pro
administratorslio form jschools and
grams. welfare and unemployment
other enterprises that would generate
=-
'''wage
r
t:::
4
J
6 '·
East
1M. Y
I 9 9 3
�THE POLITICAL SCENE
economic activity in the inner-city.
,'':' Iecould work this way. Allow a
group of entrepreneurial teachers to
form a school with, say; a capacity for
. SO' children; 15 children peneacher. In
.~ ...;:19S9, the average per-pupil cost in big
, . :City schools was about $5,000. The
'" :':teachers are given funding equal to that
.
" : amount or, $480.000 per year.
.:~;:'.':~;rt/tl·)~~Even if each ·teacher were paid
.
'$50,000 a year, 60 percent more' than
. ·the·average pay of public school teach
;)~f?::"ers;,theschool would stilL have over
.~':.:':. :$230,000 a year to hire'inner-city resi
dents as teachers' aides, to lease space
. from local property owners and to buy
.,~:::;~.>"supplies and equipment from local ven
'.. :> ", dors.
In short, choice would not only
improve education, thus giving people
trapped in the inner:-eity both economic
and geographic mobility; it could also
strengthen the inner-city economy by
stimulating the fonnation and expan
sion of schools and other educationbased businesses.
7
Steer private investment to
, inner-city firms. If entrepreneurs
are to create service, manufacwring and
retail businesses within the inner-city,
they need capital.
One way of solving this problem is
for the federal government to allow a
deduction for investments in small busi
nesses located in enterprise zones.
Taxes on the profits should also be
deferred.
These two incentives would increase
the return on successful investments
and reduce the loss on unsuccessful
ones, thus enabling finns in enterprise
zones to obtain capital. As a result.
inner-cities would become more attrac
tive places to start or expand a business.
A venture fund designed to finance
young bio-technology finns is one of
the reasons that Worcester. Mas
sachusetts is attracting the bio-tech
industry. Allowing investors to deduct
investments in enterprise zone finns
THE
New
DE~OCIAI
would help inner-city areas become.
like Worcester. successful "incubators"
of young. job-creating finnS.
8
ban and centr~ city employers. By
allowing employers' to avoid some of
the; costs and ri~ generally associated
with'inner-city workers, employee leas
lhg.:,organizatiohs would make,hiring
such workers mdre attractive. .
..i .
I.
.,_"Wage tax.~ts, transfer payments,
training subsidie,s and otherjob'-related
entitlements co~d be used by employ
ees::and.employers to fmance:the:costs
I
of employee leasing companies..
Make inner-city lending prof
itablefor. banks-.The .Community
ReinvestmentAct requires banks to be .
more aggressive in meeting the needs of
credit-starved communities. It is a good
start,' but.it:is not enough. Inner-city
businesses still experience ~at diffi
culty'securing 'credit for expansion. and . ::ij.~,W"~~':~I~*;';f ·'l:·;::.. ';:::";/:::':'';.~'!:.1Tr':;'!:
growth.,. TIle.reason; .oh::ourse, is that. ~jO'" Make workers owners not
banks find making these loans too'risky ....Ill .:-'jqst employees•. A number of
orcosdy to be profitable~
studies have shorn that .worker-owned
To' overcome this.problem,: we'can
companies tend. to perfonn better than
do two things.. Fri.'st, we should create
firms whose oJ..nership is narrowly
I
an ·insurance program to guarantee
held. Certainly; broadened ownership is
,
"portfolios" oUnner-city loans. Mod
critical to eliminating the.hostility,
eled on'Michigan's highly successful
alienation and tfuspair that .threaten to
Capital Access Program, such an effort
make our' inner~ties unlivable and our
y-outh unemploy~le.
-... '-.: ....~ ..'. .
would be'less expensive and involve
less paperwork than SBA's current 90
Tlfus. beyond. encouraging business
percent guarantee program and would 'esto locate andihire in the.inner-city,
be~an incentive for banks to make a
we need to induce them to share owner
ship with their wbrkers.
large number of loans. Second. we
need to create a secondary market
This can be dpne by allowing loans
allowing banks to sell their inner-city
to Employee Stock Ownership Plans
loans- a Fannie Ma~ for community , (ESOPs) sponso~d by inner-city com
development credit A portfolio insur
panies to be fully tax-exempt which
ance program would decrease the ris~
would make thesb loans more attractive
and increase eniployee ownership of
of inner-city lending; a secondary mar
ket would increase its liquidity and
inner-city finns. I
1
profitability.
he propos~s described here are
Make it attractive for firms,
vi designed to create a spiral of
" wherever located, to hire and
T, prosperit~ in the .inner-city.
train inner-city workers. Privatization,
There is already evidence that they
work separately;! together they would
choice, investment incentives and easier
credit will increase the number of job
reinforce one another and work even
i
better. Here's what should happen.
creating enterprises in the inner-city.
However, everybody who lives in the
EXpanded priyatization and school
choice, in addition to improving ser
central city cannot work there. In addi
vices and education in the inner-city,
tion to creating inner-city jobs. we also
will create new ehtrepreneurs and busi
need to make hiring inner-city residents
nesses. Allowing investors to write off
attractive to suburban employers.
investments in snlall companies should
One way to do this is to create spe
1
cial purpose "employee leasing" finns
enable these new entrepreneurs to
obtain the capidl they need to build
that would hire, train, and provide sup
port services (e.g. day care) to inner
their fJ.11TlS and to treate jobs.
Portfolio insu1rance and increased
city residents working for both subur
9
';.
I
I
1S
�THE
liquidity will make banks more willing
to extend credit to them. Increased
interest in inner-city investment and
lending should also create a need for
lending and investment intermediaries.
Minority-owned and.oriented banks
and venture capital companies. as well
as.community-based development cor
porations. will find their services in
greater demand. The' availability of cap
ital will also attract outside.
entrepreneurs who neerlmoney to start
or;expand manufacturing, service and
technology companieS..
.~
More small businesses will mean
more jobs. Employee.leasing organiza
tions will encourage· both these finns
(and their suburban counterparts) to hire
and train local residents.
.
Increased jobs and businesses will
also mean an increased need for produc
POLITICAL SCENE
tion, office and storage space in the
inner-city. Abandoned warehouse and
industrial areas will be converted into
safe. secure inner-city business parks.
More space demand. in turn. will
enable banks to extend credit for the
acquisition and rehabilitation of inner
city property. creating even more jobs
and income. It will also create a need
for: more mortgage' companies, real
estate management firms and insurance
agents. With employment; economic
activity and wealth on~the rise•. retail
and personal services businesses will
expand•. thus creating even more jobs.
more economic activity and even
stronger economic institutions.
.
.
i
.
mner-clty. Whep peopIe expenence no
return for lega~ effort. they cease to
exert it. It mayI not be right. but it is
certainly rational.
A·successful1market economy in the
inner-city would restore and reinforce
the link betweeh individual effort and
l
reward. People who work hard. could
I
get ahead. Yoyng people could see.
once. again. thd relationship .between
school and succJss. The culture of fail
ure. and the crime and violence that
accompany it would be replaced.by this
culture of achi~vement. All this can
I
happen if we make markets that work. so
well for the rest of America .work for
the inner-city.
aIfunctioniog or poorly orga
nized markets impose a terri
ble cost on'residents of the
PaulPryde isa Jonsultant and co-author
o/Black Entreprerleurship in America.
I
'
·c··.. . . . . . . . . . . .····G···M .....................................·r·····················
......................:..
~
~
....
.
~-
I
\L:@MMON ··RIDL()CK
By Cu RTIS G-A N 5
P
erhaps you received the same mailing: Congress "up
some credit for putting the issue of cruhpaign finance on the
for grabs to the highest bidders;" Congress "For Sale;"
American agenda and for helping to a~hieve. in the Federal
. Special interests "corrupting the U.S. Congress;" Flood'
Election Campaign Act of 1971. three important positive
of special interest money "prevents Congress from solving
public policy innovations - systematic public disclosure of
I
pressing problems."
campaign contributions and expenditures. partial public
Those words and many similar ones have
financing of Presidentihl primaries and full
!
been brought to your mailbox courtesy of Once a source of identify- ~ublic financing of Pr:~idential general elec
Common Cause; the self-appointed, selftlOns. and the establIshment of a Federal
anointed "citizens" lobby which is again ing a problem, Common Election Commission. I
seeking to scare the public and bludgeon
But in the ensuing Yfars, Common Cause
Congress into passing its version of campaign' Cause has become the has become the increasingly shrill hawker of
fmance reform. And for the fourth Congress
a decreasingly defensiblh set of approaches to
bI
h
. . I improving the political ~ystem.
in a row, the prospects for passage of the
Common Cause program are dim and the pro em-t e P!mclp e
There will be neither meaningful nor
o.
I
danger to the political system, were its pro- obstacle to constructive appropriate campaign finance refonn until
gram to pass, dire.
Common Cause is rembved from the center
l
Once a source of identifying a problem,
f
of debate on the issue . Its analysis of the
Common Cause has become the campaign finance re orm. problems of the Americb political system is
problem-the principle obstacle to any contoo narrow, its approachhs to remedy are like
I
structive campaign fmance refonn which does not undermine
ly to do more harm than good, its tactics are counterproduc
the political system it seeks to improve.
tive to progress and its rhetoric helps undermine the very sysAt one point, about 22 years ago, Common Cause, under
tern it seeks to improve.
the' leadership of John Gardner. could claim (and deserve)
A few words about each of these:
J6
hi . ,
I 9 9 3
�~
i
-
f
['.I)
iii
it;
!
ttl': , _' {""
p
1---"':' ?""':
<:: :
THE WHITE HOUSE
WASHINGTON
March 23, 1993
MEMORANDUM FOR: All
Depart~ent
Heads
FROM: Dee Dee Myers )
SUBJECT: Radio Address
wee~lJ
As you know, the President has been giving a
radio address
on Saturday mornings. These events are great opportunities 'for
th€ White House staff to bring by friends, family ~nd political
contacts. The radio address is intended for this purpose. To
better manage the attendance and ensure the crowdsiremain
manageable, my office will coordinate all future participation at
the addresses.
I
Please contact David Leavy at ext. 2673 with any a~tendance
requests you or your department may have no later than the
Thursday evening prior to the following Saturday address.
I
Thank you.
�.\
~
UNITED STATES
OFFICE OF CONSUMER AFFAIRS
Washington, D.C. 20201
I
May 21, 1993
MEMORANDUM FOR ALEXIS HERMAN/
CAROL RASCO v
FROM:
, SUBJECT:
PATRICIA FALEY
ACTING DIRECTOR,
I
USOCAQ~~~
UNITED STATES OFFICE OF CONSUMER AFFAIRS (USOCA)
ACTIVITIES
i
-----------------------------------------------------1----------
I
!
LETTER FROM SENATOR BARBARA MIKULSKI
I
Our Senate appropriations subcommittee chairman, Barb~ra
Mikulski, had . questioned HHS's request to USOCA for $128,000, or
I
6% of USOCA's budget, for use on the Health Care Reform Task
Force. Senator Mikulski sent a letter the day of our/hearing to
secretary Shalala expressing her concern about this request and
the impact it will have on the functions of this offibe,
particularly the revision and reprinting of the Consumer's
Resource Handbook, USOCA's most important publication!. A copy of
the Senator's letter is attached.
I
I
I
!
MEETING WITH ASSISTANT SECRETARY FOR HHS PUBLIC ~FFAIRS
I
In our May 7th report, we advised you that Secretary ·/Shalala
asked that three USOCA staff members· be detailed to HHS to work
on the Health Care Reform Task Force. As a result, ~e have
scheduled a meeting on May 25 with the Assistant secietary for
Public Affairs, Avis Lazelle, to discuss the specifics of this
request. We will advise you of the outcome of this m~eting next
week.
I
MEETING WITH HHS DEPUTY SECRETARY
I
I
I
Also, we requested a meeting with HHS Deputy Secretary Walter
Broadnax to discuss the personnel and fund1ng of USOCA. This
I
meeting is scheduled for May 25.
i
•
I
1
I
�2
OFFER TO THE WHITE HOUSE OFFICE OF SCIENCE AND TECHNOLbGY POLICY
On May 10, we wrote to Dr. Michael Nelson, White Houseloffice of
Science and Technology Policy, in response to his remarks at a
recent conference in which he described the formation bf the
Administration's Federal Task Force on the National Information
Infrastructure. Recognizing the growing interest by c9nsumers in
new technology and the need to understand their technological
wants and needs,we outlined ways in which USOCA could/assist the
Task Force by providing a forum for presenting the consumer
perspective as well as representing and promoting the Task
Force's objectives. To date, Dr. Nelson has not responded to our
letter.
I
I
REVERSE REDLININGLEGISLATION
On May 18, OMB asked USOCA to comment on the Comptroll~r of the
Currency's draft testimony for the Senate Banking Committee's May
19th hearing on S. 924. S. 924 addresses reverse redl1ning in
which low-income areas are targeted by certain lenderslwith
abusive and unfair home equity lending practices. Primarily, the
proposed legislation would require that additional disblosures be
made to borrowers when certain cost thresholds are metl_ Knowing
the Administration's concern about unfair lending practices
particularly to low-income, elderly and under-educate~ citizens,
USOCA had no objection to the Comptroller's test~monywhich was
supportive of the legislation's objectives. However"fe noted to
OMB the importance of promoting consumer education, especially
for non-English speaking and low-literacy borrowers, i,n
addressing this problem as well.
I
FEDERAL CONSUMER HOTLINE WORKING GROUP
I
On May 20, the fourth bimonthly meeting of managers and staff of
Federal toll-free consumer hotlines explored the relationship of
hotlines to their agencies, particularly current and Rotential
use of hotline complaint and inquiry data in identify~ng agency
management issues and policy development needs. The informal
discussion, involving 24 participants representing 14 Iconsumer
response operations, as well as the National Performance Review,
indicated that input to management and policy is cons~derable in
most agencies and could be even more significant if agencies
better understood what. latitude they have underOMB guidelines to
ask issue- and management-oriented questions of callers. Agency
perceptions ofOMB requirements for • clearance of "surveys"
I
mandated under the Paperwork Reduct10n Act appear to be
preventing consumer response staff from asking caller~ even such
basic questions as whether the service they received ~as
satisfactory, much less for their opinions or awarene~s of policy
issues facing the agency. USOCA, as coordinator, will ask OMB to
I
,
�3
I
I
have a representative at the Working Group's next meeting to
clarify the requirements.
I
The meeting also included presentations on the Nation~l Perfor
mance Review, especially the "customer focus" aspect;[the upcom
ing Federal Housing Opportunity Hotline currently being pilot
tested in Texas; and the operations of DoT's Auto Safety Hotline,
probably the highest volume of Federal hotlines.
Attachment
�•
_ l I T C. IIYAD, WEST \/IAGI..,.... CHAlRM.....
,DAHill K, INOUYE, MAWAII
,fAHEST F, HOUIHGS. SOUTH CAROliNA
J, 'ENNm JOHNSTON, LOUISIANA
"AmiCK J, LEAHY. VIi_ONT
JIM SASSER, nHHfSSEE
,IIENNIS OoCONCINI, AAllONA
DALE IUMPfAS, AIIU..SAS
FRANK A, LAun.. IEIIG. NEW JERSEY
T04III MAM.... IOWA
_eARl. A, MMULSIU. IIIAA'tlAND
MAARY REID, NEVADA
J, ROBEAT ItfAREY. NllAASttA
HERIlItOHL WlSCONSI..
PATTY MURRAY. WAS~TON
_ E RItISTtIH. CiWFOIINIA
MARK 0, HATFIELD. OREGON
no STEIIENS, ALASKA
THAD COCHRAN, MISSISSIPPI
ALFONSE M, D'AMATO, .. EW YORK
AIllEN SPEcnA. PfN..SYWANIA
!'En II, OOMENICI, NEW MEXICO
DON NICKLES. ClKLAHOMA
PHIL GRAMM, TEXAS
CHAISTOPHEA S, 110100, MISSOURI
SlADE GORTON, WASHINGTON
MITCH McCONNElL ItENTUCU
CONNIE MACK, FlORIOA
CONRAD IIURNS. MONTANA
tinitfd
~tatfs ~rnatf
COMMITTEE ON APP.ROPRIATIONS
WASHINGTON, DC 20510-6025
May 14, 1993
_ . N, ENGLISH. STAl'F DlRECTOA
6. am; _ 0 ' 1 . M...ORITY 5T_ DIRECTOR
The Honorable Donna Shalala
Secretary
Department of Health and Human Services
Washington, DC 20201
I
Dear Secretary Shalala:
As
chair
of
the
Appropriations
Subcommitteel with
responsibility for the Office of COnsumer Affairs, I am very
concerned with an issue I hope you can resolve.
, I
The Office of Consume,r Affairs received an appropria~ion of
$2,159,000 in fiscal year' 1993. I recently learned that OCA has
been requested by the Acting Assistant Secretary for Management and
Budget of the Department of Health and Human Services to provide
$128,000 to defray the costs of the Task Force on NationallHealth
care Reform.
','
"I .
As you k now, I am extremely support~ve 0 f t h e act~v~t~es 0 f
the task force. However, I do not believe it is fair to l expect
that OCA, with its $2 million budget, shoulder part lof the
expenses.
In addition, I am aware that OCA is having great
difficulties in receiving adequate funding commitments to priint the
COnsumer Resource Handbook.
'
'I
If required to help pay the expenses of the task forc~, those
funds will not be able to pay for printing costs of the Hartdbook.
At $.70 per copy, this amounts to 183,000 copies of the Handbook.
Due to funding shortfalls last year, OCA was able to priht only
600,000 copies of the, Handbook, 200,000 fewer than usual. II don It
want to see this happen again this year.
I ask that you, reconsider charging this little office for the
Health care Task Force.
I appreciate your close and immediate
consideration of this matter.
Sincerely,
(!;~J
Barbara A. Mikulski
Chair
VA, HUD, and Independent
Subcommittee
BAM:cea
,
I
.1
Agenc~e~
�Document No,,--+-_ _ __
WHITEHOUSE STAFFING MEMORANDUM
DATE:,_...,.--_ _ _ _ __
SUBJEC~
ACTION/CONCURRENCE/COMMENT DUE BY:_-,---;-_ _ __
_ _ _ _ _ _ _ _ _ _~~_________________~_ _ _ __
ACTION
I
FYI
ACTION
U
VICE PRESIDENT
.,~
PASTER
~ 0
GEARAN
(/Jfr-.u S )
~
~.
0
C
~
U
{...L..ifL
6,-"
I
..J~
0
~
0
@-
D
. MONTOYA
if
NUSSBAUM
j) 0
1
VARNEY
,
LINDSEY
T"k:( \
0
WILI.lAMS
~
0
LAKE
0
WATKINS
~
HERMAN
0
. SEGAL
.STEPHANOPOULOS
GIBBONS
HALE
~
RUBIN
0
EMANUEL
REMARKS:
L
~.
McLARTY
PANETTA
FYI
Nt2..~S
IOU ~
4.,.J
fb
'1
r
0
-
,- • ..H L_
f"o1, (e--~
f7, r .-..,.; £..
I
e. tV" ~ !~e.,<.t-
1...-'5 ref h. .. ",-,>
1
'-'4/ e.-e.
.1
!
RESPONSE:
I
I
1
JOHN D. PODESTA
Assistant to the President
I
and Staff Secretary
E~. 2702
I
It:.....
.
�'~
OFFICE' OF THE VICE PRESIDENT
WASHINGTON
April 16, 1993
MEMORANDUM FOR THE PRESIDENT
FROM:
The Vice President
Jack 'Quinn
Counsel to the Vice President
I
I. f}l"
~
Prgposed Executive Order to Create thelof£¥ce On
):n;.i.x:R.iunen't.a:I-PO~ and to Establish ,A-National ".
i
Environmental Strategy
I
I. Background
On, February 8, 1993, you announced plans to reorganize the
environmental protection' functions Qf the Executive Bi:anch.
In
addition to the elev?-tion of EPA to Cabinet Department status, your
reorganization proposes the elimination of th~ C~uncil on
Environmental Quality ("CEQ") and the creation of a ,white House
Office on Environmental Policy ("OEP"). Under this plah, the new
Department on the Environment would assume most of CEQi'scurrent
statutory functions. "
,
,.',
'I,
Because CEQ was created by statute, itseliminatio'n requires
congressional approval. Language eliminating CEQ and tn/1ansferring
its p~incipal functions to EPA has been included at our request in
Senator Glenn's bill to elevate EPA.
That bill has now been
'approved by both the Senate Governmental Affairs' and /the Senate
Environment and Public Works Committees and was repor1ted to the
full Senate on April 2, 1993.
' '
. I
Despite support for the legislation to this point, Senators'
have raised two ,questions that require our response; j '
i
1)
.Whether the Office on Environmental Pou.. cyi should be
created by statute, just as the CEQ was created, and
,
2)
,
"
"
'
J,
Whether we would agree to require the development of a
"national environmental strategy."
.
I .
,As discussed below, ,we recommend that, in lieu ofl addressing
these points in the legislation, you agree to issue an Executive
Order (i) establishing the O~P and thereby institutiobalizing it
within the White House and (ii) directing the OEP to provide
PRINTED ON RECYCLED PAPER
�/
I
'I
'
recommendations to you for a national environmental strategy.
A draft of the Order we have in mind is attached.
II. Institutionalizing the Office on Environmental Poli~y
j
, Senators Chafee and Boxer (as well as certain members of the
environmental community) have expressed concern over thel
elimination of CEQ. ' Their primary fear is that they will lose, an
environmental champion here in the White House, particularly in
later, less environmentally-conscious admin.istrations., 'lTo compensate for the loss of the CEQ, Senator Chafre has
specifically proposed codifying the Office on Environmen/tal
Policy. We have resisted codification for these reason,:
•
With few exceptions, such as the NSC, Congres~ does not
legislate the specific creation, composition, lor
functions of the President's senior staff. .
I
Codification of the OEP would compromise sepa:uation of
powers p~inciples and impinge upon organizational
authorities generally reserved to the Executive Branch.
•
If theOEP is'written into the statute, then Jome
Senators will no doubt want to require that tfie
director of the OEP be Senate-confirmed. This would
substantially change the nature of the OEP (and
underscores our concern about the separation of powers
implications of codification) .
,'
I
•
Codifying the OEP while at the same time eliminating
the CEQ creates the appearance of simply ren~ing the
CEQ. We should insist that the OEP will serve a
different function (namely, a st~ff ftinction) I than did
the CEQ (a Senate-confirmed body) .
I
We therefore recommend that you establish the Offi,ce on
Environmental Policy through an Executive Order. The Executive
Order approach institutionalizes the OEP -- a worthwhi]e goal -
while eliminating intrusive congressional involvement in defining
the functions of your staff. While not as permanent as a
statutorily-based office, a future Presid~nt would hav~ to take
the affirmative step of rescinding the Executive order1lto abolish
the OEP.
,
As with the Executive Order establishing the, Nati0nal
Economic Council, the OEPExecutive Order will outline/the basic
responsibilities of the Office. Provisions of the Order would,
for example, include:
'
i
•
The establishment of the Office; and
2
�I"
•
A general description of the
including
function~ of the dffice,
coordination of policy at the White House,
advising the President on environmental matters,
. .
I-
monitoring the implementation of the President's
-directives, and
I
(
!'
assisting the President in resolution of inter
agency disputes on environmental impact 'I
statements·1
-
I
Please indicate whether you approve or disapprbve of
our recommendation to create the OEP by an Executive Order.
___ Approve
.
i
Disapprove
I
i
I
Requires discussion
I
I
III.
National Environmental Policy
Senators Lieberman and Chafee threaten to offer,an/amendment
to the EPA elevation bill requiring the qevelopment of a
"national environmental strategy" within a year or so. iSenator
Lieberman has in fact drafted a detailed amendment outlining
specific elements of the strategy.'
I
I
We recommend that the Executive Order that establikhes the
OEP also outline the requirements of a national enviro~ental
strategy. Without such action, the Senate is likely toi add
language to this effect to the EPA elevation bill whichl is both
more specific and more intrusive than language we wouldl include
in an Order. By including a provision to this effect ih the
Executive Order, we would control the terms -and scope olf the
effort.
I
Please indicate whether you approve or disapprove 10f the
recommendation to outline the national environmental strategy
through the Executive Orde~ that establishes the OEP. I
-
~pro~
-
---
Disapprove
Requires discussion
Thank you.
3
-
I
I
�I
I
.I
I
/
I
EXECUTIVE ORDER
--------------
I
ESTABLISHMENT OF THE OFFICE ON ENVIRONMENTAU POLICY
,
I
I
By the authority vested in me as President ofjthe United
,
I
States by the Constitution and the laws of the Un i ~ed States of
,I
America, including sections 105, 107, and 301 of title 3, United
States Code, it is hereby ordered as foi10WS:/
Section!.
Establishment.
There is established in the
I
I
Executive Office of the President the Office on Enrironmental
Policy ("OEp·).
J
Functions.
Section~.
OEP are:
(a)
I
The principal fupctions of the
to coordinate the environmental POliiCy-making
I
process within the Executive Office of the President; (2) to
(1)
coordinate and facilitate the provision of
I
envlro~enta1
policy
advice to the President; (3) to assist the President in ensuring
I
that his proPosed programs, goals and decisions are consistent
.
I
with federa,l environmental prote, ction laws, including the
"
I
I
implementatio~
National Environmental Policy Act, and the Administration's
environmental goals; (4) to monitor
of the
,
I '
President's environmental policy agenda: (5) to assist and advise
the President with respect to inter.gency dis.grelL-ents
concerning the environmental implications of proposed federal
.
. , "
'I
~' IOng~range
I
activities, policies, legislation, rules and other matters; and
(6) to assist the President in developing
environmental strategy.
(b)
,
national
All executive departments and agencies land the'
Assistants to the President for Domestic ,poliCY, !National
Security, Economic Policy and Science and Technology Policy shall
coordinate
(c)
environm~ntal
policy development withlthe OEP.
In performing its functions, the OEP Will, when
,
, I
"
appropriate, work in conjunction with the Domestic Policy
I
Council, the National Security Council, the Natibnal Economic
Council and the Office of Science and TeChn0109yi Policy.
�I
Section 3.
I
Administration.
(a) The OEP may f:unctlon
through e'stablished committees, task forces or intJragency
groups.
(b)
.1
The OEP shall have a Director and such additional staff
. I
and other assistance as may be necessary to carry out the
I
provisions of this order.
I
j
.
(c) All executive departments and agencies Sjall cooperate
with the OEP and provide to the OEP such assistance, information,
.
I
.
and advice as the OEP may request, to the extent permitted by
law.
. ..
I
Section 4.
National Environmental Strategy.
(a) The OEP
shall provide recommendations to the President regarding a longI .
range national environmental strategy before Junei, 1994.
Those
recommendations shall-
(1)
recommend.a specific plan of action for meeting
long-term, measurable environmental goals;
(2)
identify appropriate mechanisms fori monitoring
I
progress toward each such goal; and
(3)
take into consideration national economic
I
objectives, existing law in respect of environmental protection
I .
and requirements under treaties and international jagreements to
I
which the United States is a signatory.
(b) In developing recommendations regarding a national
' .
I
environmental strategy, the OEP shall consult with-(1)
..
appropriate executive departments, !agencies and
officials of the Executive Office of the President;
I
(2)
I
appropriate officials of State governments, Indian
tribes, and political subdivisions of States;
(3)
Congress;
(4)
representatives of citizens groups and industries;
.
and
2
I
,
�(5)
other persons or entities that the
"r·ident
considers to be appropriate.
I
I
I
I
THE WHITE HOUSE,
I
_ _ _ _ _" 1993.
I
I
3
�I
April 1.3
1993
I '
I
MEMORANDUM
To: Robert Pellicci, OMB
Fr:
aum for Carol Rasco
REo edicaid Amendments of 199
~
1.Physician self-referrals
• No comment
2. Third party liability
o
The Department appears to be proposing It=bgislation
aimed' only
at
state-regulated
health Iinsurance
,
( §1902 ( a) ( 60) • To. the extent that the DepaFtment . is
relying on proposed §1902(a)(6l) to reach s$lf-funded
plans, I think that this is pretty shaky reasoning. I do
not believe that ERISA case law, particular.ly recent
decisions, support the theory that this provi~ion takes'
care of ERISA plans. I assume that much of thei estimated
savings from this amendment comes from the re9apture of
insurance from ERISA plans.
I
Given the large number of children actually (or
potentially) covered through ERISA plans, it is' important
that the TPL amendments reach them. It is unl!ikely that
state child support decrees alone legally can hind ERISA
plans, just as state insurance laws governing) the terms
and conditions of insurance cannot reach ER~SA plans.
Specific ERISA amendments most likely are needed.
I
• Section 1902(a)(60)(D)(ii) should permit entollment by
whoever has custody of . a child.
This wiil address
situations in which there may be a child sup'port order
but the child no longer lives with a parent. I
• Section 1902 (a) ( 60 ) ( E ) ( i ) needs to be expanded to
require insurers to not only permit the cu'stodian to
submit claims on the child's behalf but alsd to supply
the custodian with any necessary forms, infor~ation, and
instructions for completion and submission.
I
• Section 1902(a)(60)(E) should also be amended to
require insurers to send duplicate noticeS of claim
disposition to the custodian, even wherei the non
custodial, covered parent actually submits (or says that
he or she submitted) the claim for payment.
1
�I
I
I
I
• Section 1902(a)(60)(E) also should be amended to
I
prohibit insurers from denying payment for ichildren
covered under a parent's plan because they/ receive
services outside a plan service area or from alnon-plan
"provider.
It is probably not unusual for ani insured
'parent to reside in one state and a child, in/another.
In these situations an insurer (particularly a managed
care plan with a defined service area) might, deny payment
on the child's behalf if services are furnished outside
the plan's service area or (in the case of a managed care
plan) by a non-participating provider.
I
• Finally, we need clarification that for purposes of
Medicaid payment, TPL exists in the case of chil!dren only
once a court receives evidence that insurance enrollment
.
I
which was ordered has actually happened and notifies the
Medicaid agency.
Otherwise, state Medicaid p~ograms
could deny payment to provider simply on the 9asis of a
general medical support order without any indication that
I
heal th insurance actually has been secured on the child's
behalf.
In other words, the child is effectively
disinsured.
I
I
I
3. Personal care services
I
• Sublcause (vi) of §1905(a)(7), as proposed, takes the
proposal well beyond a mere "correction" of OBRA 1990.
We have absolutely no idea what is meant by the phrase
"do not duplicate". Does this mean "are not :teimbursed
by 'another payer?"
Is the Department trying to avoid
double payment? Excess services? If so, then' there are
already general federal prohibitionsagaidst double
I
payment, and the written treatment plans guard against
excess services.
I
I
The meaning of subclause (vi) is totally unCllear.
Its
ambiguity inevitably will caus~ problems in the form of
unnecessary HCFA audits of patient treatment: plans and
the payment sources of every personal care service
identified in a treatment plan. There are already both
general and specific statutory provisions I governing
Medicaid payment for services covered .by other programs.
I
Moreover, this proposed sub-clause potenti~IIY is at
direct odds with Medicaid statutory provision~ requiring
states to pay for services (including per,sonal care
services) identified in IFSPs or IEPs pr;epared for
infants, toddlers and school children under ~arts B or H
of the Individuals with Disabilities Education Act.
I
'
Assuming there is a written plan of treatment bocumenting
what is needed and that state Medicaid paym~nts conform
2
�I
I
I
I
'
to generally applicable principles governing Medicaid's
relationship with other potential sources of I funding
(e.g., TPL provisions, federal contribution pr;ovisions
relating to intergovernmental transfers, the jIEP/IFSP
provision, and so forth), no other statutory limitations
I
.,"are needed.
Sub.;..clause (vi) should be struc~ in its
entirety as confusing and misleading and an unnecessary
additional requirement.
I
, 4. Qualifying Trusts
• No comment
5. Medicaid Estate Recoveries
I
• No comment
6. Penalties for uncompensated transfers of assets
I
I
• Under §l917(c)(3)(B), as proposed to be amen4ed, what
if a spouse is living with a disabled adult child? Does
the Department's amendment establish a family allowance
level for more than one person in situation where this
I
arises?
It appears not to,
even though living
arrangements involving an elderly spouse and aldisabled
adult children are not at all unusual.
We need a.
methodology
for
determining
a
permissibl~
living
allowance when there is more than one eligible person.
7. Drug formularies
• This section contains a far-too-broad reading of
I
§1902(a)(30), and therefore is far too generous in its
language regarding permissible state restrictioris on drug
formularies.
Under current §1902(a)(30), the term
"efficiency" is used in the context of "paym~nt", not
"coverage" .
Despite the weak reference to I "amount,
duration
and
scope" ,
the
section
impli'es
that
restrictions that bring drug coverage below r~asonable
levels may nonetheless be implemented in order to
encourage "efficiency"·.
I
.Paragraph (1) should be redrafted to strike ref~rence to
§1902(a)(30) and simply should specify that the Istate may
set limitations that are consistent with amount; duration
and scope limitations required under the Medicaid Act
,
(i.e., reasonable standards for adults, all medically
I
necessary drugs in the case of individuals :receiving
EPSDT benefits under §1905(r».
8. Access to employment based information
3
�No comment. However, n~te the irony of settin~ up this
system at precisely the time that the Administration is
seeking
deep
reductions
in
state
spending
on
administrative services under the Act.
4
�WithdrawallRedaction Marker
Clinton L~brary
DOCUMENT NO.
AND TYPE
001 a. letter
SUBJECTtrITLE
DATE
David Wilhelm to Rasco re political (1 page)
RESTRICTION
I
04/27/1993
Personal Misfile
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
OAlBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
RESTRICTION CODES
I
20 I0-0 198-S
kc423
Presidential Records Act· [44 U.S.c. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(bll
PI National Security Classified Information [(a)(I) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
b(1) National security classified information [(b)(I) of the FOIA]
b(2) Release would disclose internal personm!1 rules and practices of
an agency [(b)(2) of the FOIA]
I
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or c(mfidential or financial
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA] I
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOI~]
b(9) Release would disclose geological or ge~physical information
concerning wells [(b)(9) of the FOIAJ
I
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I
I
�WithdrawallRedaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
00 l b. fact sheet
SUBJECTffITLE
DATE
RESTRICTION
I
DNC New York Pr~sidential Gala (l page)
Personal Misfile
nd
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
OAlBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
2010-0198-S
. kc423
RESTRICTION CODES
I
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]1
PI
P2
P3
P4
b(l) National security classified information [(b)(I) of the FOIA]
b(2) Release would disclose internal personnellrules and practices of
I
an agency [(b)(2) of the FOIA]
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or cotifidential or financial
information [(b)(4) of the FOIA]
I
'
b(6) Release would constitute a clearly unwarranted invasion of
I
personal privacy [(h)(6) of the FOIA]
b(7) Release would disclose information compiled for law enforcement
I
"
purposes [(b)(7) Of the FOIA]
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA] I
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
National Security Classified Information [(a)(I) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the,PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of tbe PRA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I
.
�WithdrawallRedaction Marker'
Clinton Library
DOCUMENT NO.
AND TYPE
ODIc. invitation
SUBJECTffITLE
DATE
RESTRICTION
I
DNC (l page)
i
nd
Personal Misfile
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
ONBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
20 I0-0 198-S
kc423
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)J
Freedom of Informatio~ Act· [5 U.S.C. 552(b)J
PI
P2
P3
P4
b(1) National security classified information [(b)(l) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA]
I
b(3) Release would violate a Federal statute [(b)(3) of the FOIAJ
b(4) Release would disclose trade secrets or c~nfidential or financial
information [(b)(4) of.the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(h)(6) of the FOIA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA)
I
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or ge6physical information
concerning wells [(b)(9) of the FOIA]
National Security Classified Information [(a)(1) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) ofthe PRA]
C. Closed in accordance with restrictions contained in donor's deed
of gin.
PRM. Persona) record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
i
I
I
I
I
�WithdrawallRedaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
ODIc!. program
SUBJECTrrITLE
DATE
RESTRICTION
I
DNC, May 12, 1993 (l page)
I
Personal Misfile
nd
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
. OAlBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
20 J 0-0 198-S
kc423
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information .;\ct - [5 U.S.C. 552(b)]
PI
P2
P3
P4
b(1) National security classified information [(b)(I) of the FOIA]
b(2) Release would disclose internal personnel ~ules and practices of
an agency [(b)(2) of the FOIA]
I
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
I
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
I
b(7) Release would disclose information compiled for law enforcement
purposes [(b )(7) of the FOIA]
I
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
National Security Classified Information [(a)(1) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I
I
�WithdrawallRedaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
OOle.list
SUBJECTffITLE
DATE
RESTRICTION
I
DNC benefit and honorary committees (1 page)
Personal Misfile
nd
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
OAlBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
201O-0198-S
kc423
RESTRICTION COOES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedo~ of Information Act - [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
b(2) Release would disclose internal personnel ~ules and practices of
I
an agency [(h)(2) of the FOIA]
h(3) Release would violate a Federal statute [(h)(3) of the FOIA]
h(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
I
personal privacy [(b)(6) of the FOIA]
b(7) Release would disclose information compiled for law enforcement
I
purposes [(h)(7) of the FOIA]
b(8) Release would disclose information concerning the regulation of
financial institutions [(h)(8) of the FOIA] I
'
b(9) Release would disclose geological or geophysical information
concerni.n g wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I
I
�WithdrawallRedaction Marker'
Clinton Library
DOCUMENT NO.
AND TYPE
SUBJECTfI'ITLE
DATE
RESTRICTION
I
I
00 I f. envelope
DNC invitation (l page)
nd
Personal Misfile
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
OAlBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
2010-0198-5
kc423
RESTRICTION CODES
Presidential Records Act· [44 U.S.C. 2204(a)]
Freedom of Information Act· [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(I) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA)
P4 Release would disclose trade secrets or confidential commercial or
financial Information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between tbe President
and his advisors, or between sucb advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
persoflal privacy [(a)(6) of the PRA1
bel) National security classified information [(b)(I) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the VOlA]
I
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of tbe FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
I
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA] I
'
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I
I
I
.
�~,..'
til
f
.,' ,ttl
,
\
WithdrawallRedaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
00 Ig. envelope
SUBJECTffITLE
DATE
DNC tei Rasco (I page)
04/29/1993
RESTRICTION
Personal Misfile
I
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
ONBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
2010-0198-S
kc423
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act· [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRA]
b(l) National security
information [(b)(L of the FOIA)
b(2) Release would disclose internal personnel rul'es and practices of
an agency [(b)(2) of the FOIA)
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or confidential or financial
•.
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA)
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA)
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
c1a~sified
I
I
I
�To: Carol Rasco
From: Kathi Way,
Re: NEA, NEH, IMS
I have attached the following 'documents from Mark Lloyd who
has been working voluntarily to search for replacements for the
Chairs of NEH and NEA and Director of IMS. These attachments
include:
'
I
Recommendations for the NEA, NEH, and IMS vac~nciesi'
A copy of a memo pointing out-some potential ,legal Iproblems
with the current Acting Chair of NEA, and
An overview memo outlining ~ome of ,the changes tha~ have
occurred with these organizations and recommending Isteps to
improve the overall functioning of the organizations.
I
From the little I know about the organizations, I believe
I
Mark's analysis and recommendations are correct. On the-other
hand time is critical. 'There are upcoming meetings of these
groups that could become troubl'esome if people, from this
administration's team don't fill the spots. I suggest ~e do a
compromise. Appoint the Chairs and Director as soon aslthe
recommended r~placements can be reviewed and priortized~
Talk candidly with the candidates about the need for'
reorganization and ask them over the next six months to make this
reorganization their top prioritYI In the interim work to
develop a good group to serve on/the President's Committee.
.
'
I
This opti~n will dil~te the 'strong team sho~ing th~t naming
five appointments would provide but it will be a more timely
approach and over the next six months you can achieve the
reorganization desired.
I ~,
i
,
�To: Carol Rasco
From: 'Kathi Way
Re: NEA, NEH, andIMS
BACKGROUND
A series of events 'have occurred over the pas:t ten Iyears.to
change the focus of NEA, NEH, and IMS from leanly staff~d
Advisory Councils primarily' interested in grant making functions
to well staffed individual "fifedoms" spending signifidant time
making policy decisions and combining their grant decis£ons with
the policy deliberations..
I .
Until 1982, NEA, NEH, and IMS we~e concerned solely with·
making grants in their related fields. The umbrella organization
for these groups was the Federal Council on the Arts. This
Council which included representatives from NEH, NEA, a~d'IMS,
the National Gallery, the Smithsoni.an and the National Art
Gallery was a policy ~akingbody responsible for all policies
related to the included membership groups.
I
'. In 1982, President Reagan tried to eliminate the Council.
His efforts were unsuccessful and instead he created anbther
organization, the President's Committee to advise NEA, NEH, and
IMS. The Federal Council was in place statutorily but ~as
stripped of staff and ongoing responsiblities~ The Couhcil's
only responsj,.blity.was 1:0 "insure" foreign art objects i.thile they
were on display in the -United States.
The President's Committee, composed of celebrities without
much inclination to deal with policy development, has f1loundered.
In the mean time, NEA, NEH, and IMS'began to fill the void by
staffing up and gradually assuming the policy making fu1nction
9nce handled by the Federal Council. OVer time, their Ilw ork on
policy began to influence their grant making decisions.
, It is not a secret that during Lynne Cheney's ten~re as
Chair the NEH became increasingly isolated from· its co~stituents.
During her term it'-was common practice for her, as'ChaiJr, to
"flag" grants in the final stages of approval for."pol:iltical"
reasons.
�·
'
chair" and Was continued Lynne Cheney's practice of "flagging"
'grants that are ready for final,approval. Don Gibson, ajmember
of the advisor.y council believed he would be named "actiqg chair"
and since learning he was not asked ,to serve in that capacity he
has been airing his, concerns broadly.
I
IMS goes to Appropriations on March 17th and needs a Chair
by that date.
'
I ,have attached copies of the memos regarding Chair"
replacements for each of the ,Councils for your review. Before
making a final decision the time may be right to loo,k "at I the
overall fun9tioning of each of these Councils and move f?rward
with a reorganization at the time new Chairs are announced.
OPTIONS
Appo,int ne~ Chairs ,for NEA, NEH, and IMS and allow these,
groups to continue responsibility ,for policy development I as well
as grant decisions. Appoint new Chairs for the Federal Council
and the President's Committee. In other words maintain I~tatus
quo.
~
~EH,
,
Appoint new Chairs for NEA,
IMS, Federal counclil and
President's Committee., Also, move positions related to :policy
development from NEA, NEH, and IMS back to the Federal Council.
~y doing 'this you limit the role of NEH, NEA, andIMS td grant
making authority and return the policy deliberations to /the
Federal Council. Appoint a new Chair for the President's
Committee. Have that Committee staffed by the Exec. Director of
the Federal Council and give the Committee responsibility for
promotion, fundraising, PRo
"
j
,
Same as option two but eliminate the President's Committee
and have the President's Council take on the public
responsibilities.
Make 'five new appointmer:tts~ Chairs for NEH, NEA, I1'1S,
Federal Council, and Pr~sident's Committee with the foltowing
understanding. Initia:lly, additional positions will re~ain in
their current'location, however, over the"next six months the new
Chairs will work cooperatively to reassign staff related to
policy to the Federal Council and the Executive Directof of the
Federal Council will assume staff responsibility for the
Presid~nt's Committee.
'
RECOMMENDATION
Last option. Moving the positions and changing the roles of
NEA, NEH, and IMS now would slow the process of; naming hew Chairs
�r"
-3
'and create campaigns to mainta,in the status quo. The employees
of the Councils are schedule "C" employees and expect tolbe
replaced by the new Administration. ,There are in all fire
positions to be filled. Filling those positions in a timely
manner and letting them work out the logistics of changing roles
and responsibilIties over the next six months will give ,them an
important assignment immediately and reduce ,the probabil:ity of'
grumbl ing • ,
'
,
The handling of these Advisory groups is not a huge issue
although those involved-with the Arts and Humanities wi~l read
these moves closely to determine what they can expect from the
new Administration. I 9.0n't pretend to understand all ~he
details involved'but Mark Lloyd'who has been voluntarily working
on the search team for new candidates has a very good 'I
understanding of the history of these organizations and Ithe
politics of the current, membership. Attached are ,documents'
prepared by Mark for Bruce outlining some of the,concerns in this
memo and recommending candidates for the three councilsl Please
let me 'know if you would like additional information or how you
think we should proceed.
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
002. memo
SUBJECTffITLE
DATE
RESTRICTION
I
NEAINEH Search Team to Bruce Lindsey re NEAINEH Chairs (9
pages)
I
P2, P5, P61b(6)
01/2811993
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
ONBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
20 \ 0-O\98-S
kc423
RESTRICTION CODES
Presidential Records Act - 144 U.S.c. 2204(a)1
Freedom of Information Act -15 U.S.c. 552(b)1
National Security Classified Information l(a)(I) of the PRAI
Relating to the appointment to Federal office l(a)(2) of the PRAI
Release would violate a Federal statute l(a)(3) of the PRAI
Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRAI
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors la)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) ofthe PRAI
b(l) National security classified information l(b)(I) of the FOIAI
b(2) Release would disclose internal personnel J:j'ules and practices of
an agency l(b)(2) of the FOIAI
b(3) Release would violate a Federal statute l(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or con'fidential or financial
information [(b)(4) of the FOIA]
I
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6) of the FOIAI
I
b(7) Relcase would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
I
'
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of the FOIAI
PI
P2
P3
P4
C. Closcd in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
I
I
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
003. memo
DATE
SUBJECTffITLE
RESTRICTION
I
William Gilcher, et ai, to Bruce Lindsey re Director, Institute of
Museum Services (3 pages)
I
0112811993
P2, P5, P6!b(6)
/
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Carol Rasco (Correspondence)
OAiBox Number: 2602
FOLDER TITLE:
[Memos and Reports] [9]
20 \ 0-0 \98-S
kc423
RESTRICTION CODES
Presidential Records Act - 144 U.S.c. 2204(a)1
Freedom of Information Act - 15 U.S.c. 552(b)1
National Security Classified Information «a)(I) of the PRAI
Relating to the appointment to Federal office l(a)(2) of the PRAI
Release would violate a Federal statute l(a)(3) of the PRAI
Release would diselose trade secrets or confidential commcrcial or
financial information l(a)(4) of the PRAI
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors la)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRAI
b(l) National security classified information [(b)(I) of the FOIAI
b(2) Release would disclose internal personnel J;1'UleS and practices of
an agency l(b)(2) of the FOIAI
b(3) Release would violate a Federal statute l(b)(3) of the FOIAI
b(4) Release would disclose trade secrets or con'fidential or financial
information «b)(4) of the FOIAI
I
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6) of the FOIAI
I
b(7) Rclease would disclose information compiled for law cnforcement
purposes l(b)(7) of the FOIAI
I
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOIAI I
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of the FOIAI
PI
P2
P3
P4
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
I
�:
..
I,"
,
PRIVATE AND eO'.Nfi:9BN'N!:lttJ'
, <,
/.
TO:
'./
Jenniferco~ovitz
Date:
e[. .
I
I
2/10/93
(phone:
.'
682~5414)
I
I
Subject: , Legal Status ,Of The Acting Chairman For The National
Endowment For The Arts
/
--------------------------------~-------------------------T--------
White House CounseL should inimediately focus on the legal
status o:e Ana Steele, the ,Acting Chairman of the National ~ndowment
for the Arts (IINEAII). Catherine Stevens, 'General Counsel for the
NEA, informed me yesterday that she had spoken with Office/ of Legal
Counsel at the Department of Justice ("DOJ") and they advised her
that, as it now stands, the January 19, 1993 designatidn of Ana
Steele as Acting Chair is invalid. stevens requested thatl' I obtain
an opinion from White House Counsel on this issue.·
, '
Section's'I and II of this memorandum'set forth a stmmarYOf
DOJ's legal 'analysis and Section III provides recommendations for
consideration 'and action. Whatever the result, we need t , resolve
6
this issue immediately. because, Steele is about to sign off on
approximately $67 million in grants.
I
I'. Vacancy Act
I
According'to Todd Gaziano, an attorney in the office of Legal
Counsel, the Vacancy Act,' 5 u. S.C. ~100 et. seg., is triggered when
the head of an ,Executive Agency resigns. Gaziano believe$; that for
he purposes of this portion of the Act, the, NEA is cilearly an
Executive Agency.l Thus, according to DOJ, when the chctir of the
NEA resigns, section 3345 of the Vacancy Act governs. se<i:tion 3345 '
provides that the "first assistant" shall perform thedutiies of the
office until a successor is appointed, unless otherwise directed by
the President under section 3347 of the Vacancy Act.' Acbording to
Gaziano, Steele is not a "first assistant ll and her seiection as
Acting Chair does not comply with section 3347~
I
1 See §105 of the statute (attached) ,·wh,i~hdefines~,Executive .
Agency" for purposes of the title as an Executive department, a
Government corporation, and an independemt establi~p.men~'. § 104 of:
the statute (also attached) goes qn, ,to define ." independent
establishment" to include an establishment in the executive branch' ,
that is not an Executive department, 'military' department,'
Government corporation, or part of an independent ,establishment.
.
.
. DETERMi~:~Eb TO BEAN
'AO'MI
i·
"
~. N!STR/\;-;VE MARKING
INITIALS:,
DATE: fl3l01~1.?:-'
Bruce Lindsey
,Mark Lloyd'
From:
"
' I '
�I
A. st.eeleMay No"t be a First Assistant
,
.
.
I
j
.
A'ccording to Gazian6,althou.gh the '''firstassistant'ri~: '~o't ','
defined by the Vacancy Act,' Steele 'probablywould not, be ~ohsid~red ...
a. First Assistant for'two·:reasons·.First, the NEA 'currentl:y has no '
first.' assis.tant· to· perf'orm the duties. of Acting ·Chai:t~··DOJ.·
apparently interprets the term to r~f.er to .tJ:1e 'office· right ·'under
the agency head, rather t,han the· most senior.occtipiedoff,ice. In
this case, as· it,' currently stands, . the Senior . Deputy chair,
although a ,positionrecer;ttly cr~ated, is the 'position right under
the NEA Chair .. Upon the' departure of· the ActiI')gChair,·. Ann'e-Imelda
..
Radice, 'therewas no 'NEA" Senior, Deputy. Chair ,(Rad..tcehad· prievioU:sly~
been. the Senior Deput,y and 'ei ~l)er femained. in ,that: pOsit:-~,?n .whi'l~' .
she performed the dut1es of the Cha:lr or vacated thatpos1t10n when
she became Acting Chair)~' As a consequence,' according to /GaZianO, .
'/'
.. s~eel~,. as the As~oci~te.'De:puty Chairman ~or pro<?rams an~ Director.
,i
'.for Pr'~gram, Coord1nat1on, 1S.·~ot ·theCha1r's "f1rst ..ass1sta.nt~n .. : :/~:; ;..
,','
.:,>t
.···$eC(md'~:·.~v.e~<uhder ~
acclrdingt~ 't;t·~;? '~<
'.'\;'
", ". '.
line of. s{lccession analy'sis"
:Gaz iano, ,steei~ ,.would not;:. be deemed a first assistant'. . Assuming I t ' '. '.:'.
"is ~ possible tq~ l'iave . more than one first assistant ,pr as'S4,mingt]:ie' .
, f'r"
,.pos~ t.ion of sellior Deputy CQair' was too' reqently crbated· 'ci~ \;
f.''';'
iinprope:;rly. cre~ted~ whem Raqice designated .Steele a~. Acting>
,'"
Chairman o.n, JC\nua:ry''19, :1993, there were two, ~ther. beputy.Chairs.~, ~
,'..(no~-:c~reerSE~'s) . still in place.
Thus, ,accordJn,g t9 the. DOJ
. ,~...~
·analys.1s, Steele would pot have be~n the f 1rst 'ass1stant: at the ; .
. ·time the 'designation took place. ' . ,
".
1-'
... '
. ••
,I.
,r
o
•
{
.
-.
,"
B. ·.Direct.:ion by the President UnCierSection 3347' :-
~
'.,
.....
,
.. ,',~~
'Sec~iorl<3 34 7' p~ovides' thatth~ pres'ldent .~ay dir~6t Ith~ .;'head,' .:'.,.. >~."/
of another . Executive· department" .·or "another officer o,f. an:
Executive 'department, 'ormili~ary departmemti Whose appo~ntment is
vested in the President, by and with theadvice·and.consent of 'the
Senate to perform t.he duties' of·the 'office 'until .~ successor ~ is.
appointed." Executive 'depart~ents "are defined to "inclube State,
Treasury, DefeI')se, Justice, Interior, Agriculture, Commerce., ~a,bor,
HHS, HUD~ Transportation, Energy, Education·and vetera~·Affairs.·
(See 5 U.S.C.'§ 101, a. copY',of which: is attached.)' Ac'qordi:ng to '.
DO;r, Stee,le. is, not' a.: presidential' appo.inte~ . of an 'I Executive' ,
department conf irmed by! the Senate and .thus her selectioni as Acting'··.
Chair .
.
' does not .'comply with ' . por.t:ion of Se·ctton.3347'1 , , ,
.
, this ,
.
'
.'....,
I
II. Radice's 'Tenure May Have Viola'ted the one":'aundred-artd-r;rwenty'
Day Rule.
,.
"
."
J..
.aPPI1~·s' :~o'the
pursu~nt to).:t~e
If the Vacancy Act
NEA,
:Act/s'
provisions, questions concerning Radice~s au:thority as Aqting Chair
may arise. .John: Frohnmayer left the NEA in April 1992 '.and .Radice
served as ActingCliair until January" 19 , 1993. Section 334.8 of the .
. V acancy Act, however" provides that· a vacancy caused by r:e~ignation .'
may be, fill~d ,under 'sec:tiOn 3345 'or 3347 ·for. not·more tha,ri 120 days
-- except where a nomination to fill the v~cancy hasbee~ submitted
to the Senate, in which case the position maybe filled until the
.,
�.:
;
..
I.
.
'.
nomina.tion~
.
.
i
. Senate confirms the
Thus, by the·endof'August,. 1992,'
Radice may have exceeded ,her auth<?rity to 'serve: a~.A?~,ingIChair.
..
.
'
.
.
.
. If such is th~ case/ Radice's .actions, including her ~pproval
and rej ection or grants (including ,her ·re) ection ,O.E· ,grantslthat are
still' being pursued by: rejected applicants) ?c,ould 'be open to
question. According to stevens', .the NEA General C6uns.ef,the. White
House was notified in August that there. 'W'as'a .'possiblel·probl~m
,concerning Radice's.. authority.
Acco:r:-din'g to ..st;evens , the Bush',
White House did not' address or respond ,to'. the' {'ssue"; . ~ .•'
., .
r . '"
•
III.
~ ,,'
•
i
,',.
I
"
.
\'
.
" ,
,
>
.,
Recommendations for Consideration: and' Action'
;~
••
:.'
.1
..
~.
A. We need to determine whether theadministrat.:1:on '-disag~ees, as a .
legal matter, with DOJ'.s anaiysis .. The answer$'· to the io~llowing
legal questions, should be d~termined: . .
. .. : . . '.' ,', r
.
'
.
.
I
-.
-
'.
.',.
. '"
/"
.
1. Is the Vacancy Act the governing. legal authority in this
context?
.
I
'
••
<:
.
'.
<,
I · · . ..
>.
2. If the Act does ~overn, is'th~administration'limitec;i to a
first assistant or presidential appointee that has b~en 90nfiimed
by the Senate?
(See ~3349,' attached,' which expressly .l~mits the
temporary appointments, designations or:assignments of officers).
Note that DOJ's analysis, limiting the administration • to these two
"
, .
•
•
,
I
opt10ns, would appears to mean that w1th no f1rst ~ss1stant at the
age~cy and, no presiden:tial aJ;>p,ciintee dir~ctedto' p~~form . the
Cha1r's. dut1es, no one may exerC1se the Cha1r'sauthor1ty .
~
. 3. If we are limi1;ed to these. two options, can we imake the
argument that· S.teele really does fit within, the defirtition of
"first assistant"?
' .
· t
B. If the Vacancy Act governs and' Steele is not considered a IIfirst
assistant, n· then the President. should. detail the sec:tetary or
off icer of an ExeCutive ,department to Chair the agency. I , .
iAccording.
•
'
•
'.
-",
to, DOJ, 1n 1977, an~ss1sta.nt, Secretary of State was deta1led to
Chair the NEA.
Tl).e p~rsondetailed would contlnue 170 act as
secretary or officer of the' Executive department and. would delegate
his or her authority to sign grants, ·etc'.,. to Steele. In iaddition,
if thi!;;' is possible,' the secretary or .officer ,should ratify the
prior actions taken by steele(~,.action 'she has already taken
concerning the museum indemnity p!:'ogram). The. precise rla:ture and
exact wording of the designation and/o:r:·'delegation, ·aswckll as the
possibility of ratification should be explored with White House
Counsel.
' : ' '. .
, ' . . , ' .' .'.
!'
..'
: ' . . ,,'
.
'.'
. . ' I
.
'.
C. If the action described above. is taken, the possi1bility of
ratifyipg the past.acti()ns of Radice should· be considered.
.
.
"
:
,
D. Determine whether we; have a political problem because! Catherine
Stevens pr?mpt,ed the DOJ.· ana~y!=iis and may believe that -;:d ther she
or her fr1end Daphne Wood Murray,.. the recently. departed Deputy
Chair. for Public Partnerships, should have been. named j as Acting
;:
I
-I
!
..
~
,
�Gene;a~
Chair, According to Kareri Eli.as. NEA Deputy
counsJ. prior
to Radice I s departure and the Clinton Transition I s selection of
Steele, Radice sent a letter to the' White House naming Murray or
'stevens as candidates fO~ Acting Ch~ir.,
'_., ,
-, ,j
, '
E. Examine the legal sta~us of ,the Acting Chair for the- INational
Endowment for the Humanities ("NEH") •. The agency may be s,limilarly
situated.
The NEH has :a Council, meeting this week anc;i may be
signing o,ff on grants very soon. Although Stevens, would like me to
notify NEH about, this is~;ue, I do not intend to discuss the issue
with anyone at NEH'.
'
I
I
,
"
..
.
~,'
.'
v
..
,
.
1
....
'
,- I '
\"
.",
",
,"
,
..
,
j,
'/:'
"
'
�§3345
this sectiOll) shall take effect 90 !Jays after the date
of enactment' of tbis Act [Oct. jl2, 1990). and shall
No. 12493, Doc. 5. 1984. re
· (a)~ is, set out"UIlder, sectioo
apply with respect to any'Pederal,emp10)'e11'wbo
an assignment with al private«ctoram~
player as a participant in aniellllCutive exehange
program beginning on or after that effective date."
befIiIIIl
rob.I.. 101-416 provided that:
made by tbis section [enacting
',"-
.
LiBRARY REFERENCES
'36.
lie No, 393.
Ita §§:,36, 37. 62 to 64. '
s; administrative law judges '
, defmed,by section 551.of this titJewhich occasionally or tempOrarily
,staffed with administrative law,judges ap~inted under section 3105
y use administrative law judges selected by the Office of Personnel
'Om and with the consent of other, agencies.
I
' ":'
.1... 95-251, § 2(a)(1), (b)(2), Mar. 'l1, 1978, 92 Stat. 183; PublL. 95-454, Title lX.
,3, 1978,
92,~~~1224.)
,
".C,;"
','
.' .:,'.:
"" .. "
I
,
I
' . ;
,HI~?YRt.C~A.ND STA~RY ,NOTES "f
, "
""'.', ",:"':::',;
IIbstituted 'X>fllce of Personnel
"Civil Service Commission".
IIbstituted referenc:es toadmin;
I' for references to hearing, el"
ction', catch1ine and wherever
xt.
1978 Ameadmeat
>Ub.L. 95-454 effective 90' days
'8, ,see, section 907 of Pub.I..
" ",
: ..:"
95-454. set out,as a note undersectwn 1I01 of
this title.
.. ,,'
'., "
Leiwadve History
'Poi' legislative, history ,a~d, purpose of. Pub.L.
9S-251, see 1978, U.S. ~Cong. and' Adm.
News, p. 496. See. also. rPub.L. 9s;.454, 1978
U.S. ,Code Cons- and Adm.: News, p. '2723.
WEST'S FEDERAL PRACTICE MANUAL
signment, tenure, see § 96."
NOTES OF DECISIONS,
'''! . " : " ,
~ ,was' imp~ mo~ver, tbis section d~
r of National Labor, Relations
not indicate whether traiisferring or ~vins
,e law judges, to Labor Depart- agency should pay for judges. 1986, 65 Op.
1Cti6n· but:OII·nonrdmbunable'. Colilp.Gen. 635. ',.
t
"""
I",
· "}<Z:.,:;-'!":"\':
";r:~t.:1:,~ :l';~"'{'~~:\~
.,'
.-:',~':",:.:,,'
.
,.....
,.
':: !~':,'~'.':
'"
8; to omceof, headof:,Executive agency or military 'department
Ai of an Executive agency (oth~; U;~ theGen~raIIAc~oUntfug Office)
utment die8~ resigns': or is 'sick absent, his fir$t assistant, unless
:edDy:.the.President undersection'3347:of this title, shall perfonn the
'flee until'a'succes~or: is appointed or.the absence or sickness stops,
or
,.·,·::HI8TORlCAL:AND STATUTORY. NOTES
~:J(Xi:.j98,i,;'{7(aX21::·~
ccutivor~,; ...·
'::-: ":,j,"
n~":';;!,;',' ~:,:
• 7(a)(I);'subsiihited in text
(other: than::the.OeneraI ,Ac:,
)I':ME:ucutms:department"" ,
'For.legi8lative,hjstory ,and, purpose;or; Pub.Ll'
1ClG'-398, see· 1988,:U.S:Code' ConI!. and'::Adm:,
N~ 13,~ ' ,~ ,~:i.,:l r' '",: ,."',•.•,~.:'.,:'.',: ,."',.'.h .' ~';~:H;,:
p.
•• .;..
-.'
_."
, ~ ':;;' ),'
~4;,!':,~: I'::_:';'~<;:
283
_.
·'.nr.'l~!;-.'<
j: '!:'_'-;
. ,,;
I.,
�.§ 3345
,
..,.,
I
No. 12493. Dec. '. 1984. re
. (a)., is set out ,UIlderC
.
\,;:'.~
this sectionJ shall take effect 90 dara after the date
. of enactment of this Act IOct. 12. 199oJ, and sbaII
apply with respect to any' Federal employee. who
, beginS. an assignment with a' privafe.sector.. eQ1
player
a participant in an executive'exchange
prograiu beginning on or. after that effective date.!'
~
as
"ub.L loi-416' provided that:
made by this ~ [enacting
'. '·:.;·1 '.
LIBRARY REFERENCES
'36.
de No. 393.
Ltes tt36, 37.
a;
6~
, '''"
,.
to 64.
";.'t
administrative law judges"
derm(K:l:bys'ecti~n 551.of this title which occasionally or tempQrarily
staffed with administrative law. judges appointed under section 8105
'I use administrative law judgeS seleCted by the Office of Personnel
. . I.
'.
om· and with the consent of other. agencies.
L 95-251. § 2(&)(1). (b)(2), Mar; 27.
3, 1978, .92 Stat. 1224.)·
.
. HISTORICAL
~978. 92 Stat. 183;
.' . '.
AND STATUTORY NOTES,.
'.
I...
9'-"'S4. set out as a note under section 1101 of
this title.
I
Jbslituted '~ce of. Penonnd
"Civil Service Commission".
lbstituted references to admin~
l.for references to hearing ex
M, TItI:rx,
Pub.L. 95-,:411.
.
LegIslative History
/.':'
For legislative history.and purpose of· Pub.L.
9S-25 I. see 1978. U.S. Code Cong. and' Adm.
Nm. p. 496. See, also, Pub.L.j9'-"'S4•. 1978
U.s. Code Cong. and Adm. News~ p. 2723.
ction c:8tcbline and wherever
xl.
'ub.L 9'-"'54 effective 90 dara
S; •see, section 907' of Pub.L
WEST'S FEDERAL PRACTICE MANUAL
lignment. tenure. see § 96.:.
NOTES OF DECISIONS.
,;":.r.:
~ was improper; mo~ver~ tbis~~ion d~
.,'
not indicate whether 'Irarisfenin~ or receiving
agency should pay. for judges; ! 1986, 65 Op.
r of National Labor Relations
>e law judges to LaIlo'r Depart-
::':~~,': .~bU~le ... ~~.~~. 635. ~:.
. ......
J.:'~;1
.•
8; toomceof.headof:Ex~u.~ve~neyo~ m.i"Ita.1'd~~ent
d of an Executive ageney (other than the General Accounting Office)
irtment dies',' resigris;'or is sick or' absent, his first assistant, unless
ed by.: the' President·under section'3347 of this title, shall perform the
fice, until. a 'successor is appointed or the absence ,or sibkness stops.
L~lOO40398.
§' 7(&)(1), (2). Aug. 17. 1988.'102 Stat. 988.r : .
',~":F':'
,':' ''', ": ,:
',:. ~:i'. ~',. i'~':;;/"-:':
:t'
',:~ ,:~:
STATUTORY.NOTES,.:
"',:
..JIlO":398, § 7(a)(2),:.insened
ecutive'....:~· .:.:-
.·.·'r·
,,:, ',,_
".,.:,.~IU8TORICALAND
(:!' .... t'~ ..~:,: •.:") ,".::
§ 7(a)(I);-'substiluted'in text
(other.' tban:tbe: General ' Ac-.
'For',legisIatlve.history and JlUrpose,or Pub.L
1~398.,:see 1988:U.S.Code cOngo ·a.nd>Adai
News, p. 1372. . . " .. , i ..>. }" ,.", : ",.,~.:, . .
1l'':'Executive'dejlartment''•.
' .. '
:'";; '.~,: . \' -: ~.:: ." ,
.,:.
~
:~':',
,;:l:,; 'f;:: \~~·~ir~''':·
'{;-: ..; '~f".';:;·7"'·hf:. '.:'!:.' n~ti-j(>:... ~·..:
~.'
288
''',''
�h. :J3
;~
33
EXAMINA'l'ION, SELECTION, ETC.
',:, (har,e and custody
l
•••• J
or
of hIs signnturc \l'IlS llcting
J8&'1, 10 Op:Atty.(Jell. 133.
rccon.1!'i t hook ..
lild IUlj)CrH
. :Ih~ or;:nlJi~"UOII "r the llcpurtmcntH
,i:II~, \\','" [llIIW !)Cft)IlSC], lind 'frea
.'!, p"'\'i~lOnS werc mnde Cur the up
·.::mlllt of u ,uhurdlnule nUkeI', Il)'
',tend ot Ihe depII 1'1 ilIOn!, whn ",(>uld
)< Ibe chtlTlw ,,,,,I ('u,tndy Ht the l·ce·
4.
Hf the }«,,,rclnry, ulld ill lhe cstuh·
:\UI'.I· 1l('llUl'tlllCllt, 1'1'0,'1·
""as Illude lilwlI'isc Cor the "linrge
';':1 (uSlody of t he hooks, records, IIlId
,,:'G~luls or thal UCl'nrtlllent, in ,·u,e of
'<u<y III II", office of i;et'retnry of the
. >:n lu're \leHnen, l,n.1S:JD, 38 U.S. 2aO,
'::111. :30, ~~9, 10 L,I·:d. 138.
:'~rut uf Ihc
"
ut IHlIU~T6
,~::J SlJ;ltatUft!
::
.;
j
;~ ;lbictil)(lon
uf n "first or
·:r,lI the !lcnng head
: : 0/
oolu
ul·;t.-;ist ..
ot a dcpartlllent.
':.~ IUndll'd (II !l document ot thnt de
'!oIDt, IlIllllied that onc ot the condl·
.,..~ prol'lueu III former lIeclioll -1 of this
(no\\, ti,l. ,eel lun) which authorl:eed
. ~ 10 ad ill I hut capuclty, hnd arisen.
.'~ r. ;,'cw York, :-;,Y,l&!3. :.I H.Ct. 228.
:} r.s. :lSi, 2i L.liid. Oil, Sec, ulso.
";ru I', ;,'Iehois, Mlch,18&!. 9 S,Ct. 168,
00:;, 32 I,.Hd, 538.
. ' ,Iins.
'
.),:lI,Is>i>tllllt I'Ogtllluster GCllerli1 could
",t I fraud onler. Cmlle \'. :"\ Ichols, D.
;:'LJ9~1, I P.~,J 33.
'.'i,4~u~sll"" of slIlHlelcglltitm
,
of author·
) tIS ill."ol}'cd whell pallers wcrc
.,·cd iI)' endcr Hecretary roC ,\gricuHure
~~~:~~ S('~~rCl~t~Y. U. ;~. v. ~hfltcr, €)~,'
. '.l!.:J.». 13. I' ,~lIl'J'. t~.!l, ufflrllwd •• U
I?l. terriorari delliecl 'iG' H.Ct. 78S,
;.Im. rot, 100 U<':d. 1460.
':,
:,h
if
:.::
~~ it exccutlon of \'urlous 'I'''pcrll oy
Actin!! Secretary ot Agriculture
IJ)' Administrator of COlll
:,i.lIi.:l SlllhlllzuUu" Service did 1111'01\'0
.~ lulJllelrg"Oull or rulc making IIOW'
:i.I~f were lIot h"·lllid. Id.
') II
it ,i notice
It,
.' ,-
,.. :.
.~
': :1
.. ,1,1
lift'"wm'lltiolHi
Where lin nJll'enl frolll II deportutilln
order WIIS·. heurd alltl decided oy the Act
ing Secret'or)' ot COllllllerce and Luhor, it
\\'01111.1 oc presulllcd, the contrary not 1I1
'
pCllring, thut the Al'Iing Secretary wus at
Ihe time luweull), exerclsiul: the 8ecre·
tllrr's .llo'rers, us he wus authorh:ed to do
by former section 4 oC t1tl~ titlc ! nolY
this section).
In re Jcm 'Yuell, D.C.
Mns~.Hll0,.lSS 1".300.
,?'
,.: '
secrctnry.
Action or Acting Xc{'retary of 'l'reasury
ill llPjlrol'lllll ,'100;11111 Ul:rl'ClIlellt rcsI,eeL.
iUl: lax Ihl"Jll!y ",oulll he I'rCNlIIlIed Illw.
ful IIl1d 1'(01(111111', \n ,,"scnce of contrary
showiul(. AllllcrHOn ,'. I'. W. ~!UclSCIi )11".
CIl., C.C.A. Utull 103~, 7:! 1".20 7(18.
~... l bookl'. nllll ]Iultcrs ulJPcrhdulu~ tu
'"Uk'\', III .'IIsf! of ,'m'unel' ill lhe ot·
::.
5 § 3346
s
Secretary of the 'l'rcasury could require
an Assistant Secretary to "ascertain. oc
termine, and declare" the, amount of (or
clgn sugur houllU'es, under the Tarltt Act
ot 1807, thal helng II duty assigned "the
Secret"ry or the 'j'rcallury" by llliid Act •
ulld where 1111 Axslwtullt Sc<'refary I. 'Rlled
II dccJnrallllll tlwrellncler It WIiR pre
SUllied, In the libsence ot e\'ldcnce to the
contrliry,. that lIe'performed n duty In nc·
<;ordonce with Inw, alld thnt the declara
tioll was proile.rly i,sue(!. l'rankllll SUI:
Ilr Henlling Co, \'. L'. S" C.C;PIl.l0l0, liS
F. 143.' .
I,IIWful exct'ci~c oe lIuthorlty 1»' the tis·
sl~tunt ullcler former ~~ctlon 4 of this tI·
110 [1l0W (h Is Ii,~d in" J "'UR I'rCNlllUe,1.
Johll i;hlllit<l Cn, \'. McClullll', Ohio, 1S!12•
;H I'" 80.':1, :! C.C.A. ::;2(1. Sec. ulsC), Kx
)lIlr!e TSllie i;hcll, H.C.CaI.lOH. 21S F,
:!r,o: Ill' re .Jelll Yllt'lI, n.C.MusH.IGIO. lSS
I", 300; If, H. V. AllulllS, C.C,Or.1885, :u ),,,
348; Chndwkk v. U. H., C.C.MasH.lI:.!SO, :j
1-', 750.
III IllisCllce ot contrnry showing,' It
would he I'rc~ulllctl thut olle .. 1~lIll1g reg
';;l
ulnOolla. u. Acting Secretary of ,\J;rlclll- \
:J~ l'lopcr forlll o( Hi";lIature 011 I'a
tlll'(~. Olle ~Iglling I'ruclamutlOIl of re(erell.
::~ 111"cd II)' the Und~r Secretnry or dUlll ·rcsult us Acting Secretary. nnd olle
'.'.v.llure wliell the Secretary' is ahsellt sl"nlng a notice us Allmlnlstrutor of
<
i, Acliug Secretary. Jo.
COllilUodlty Stablli1.ution Scnlcc, nil hnd
;
'flU: Ihe l'ctrclury WUij uhscnt or sic 1,.
:luillUrlt)' to perform lIc1s done. U, S, ".
XhuCcr,' J).C.~lll.lOr.:;, 13:! 1"51>11'1'. WO, lit·
. lI\ mi>lII"t \\,II~ in chargc or thc de
un<ier forliler section ~
tlll~
firmed 2:?G F.2,1 l!H, certlorurl dell led 7(1
the pro!.er form
S.Ct. 7SS, 351 U.S. 1l31. 100 L.Ed, 1400.
or
Details; to subordinate offices
an officer of a bureau of an Executive department or miJi·
department, whose appointment is n,ot vested in the head of the'
· ..·...'''''''' •.l!lCilll, dies, resigns, or is sick or absent, his first, assistant,
463
4
t
�i
5 § 3346
.
Ch.33
EMPLOYEES
unless othcl'\vise directed by the PI'esidcnt under section 3347 of
this title, shall perform the' duties of the office until a successor is
appointed 01' the absence or s,ickness stops,
I
Pub.L. 89-554, Sept, 6, 1966, ~O Stat. 426.
. Historical and Revisio11 Notes
UlIltl'<l St"t"N Cod"
:i U.S.C. 5
!
,
,
The wor(lll "his fIrat nR"I~tui.t" uro
.uostituled for "lhe uKsI>llunt or; dellU!Y
IIr Huch chh,( or oC ~uch officer, or It
thero lie 1I0ne, lhell the chicC clerk; ot auch
lIureau", A chlet or u hureau is un
of!icer within the meunin/,( ot this sec
lion. 'I'he wllr.l. "i~xccuti\'e 'dcpartmcnt"
aro suhstituted Cor HtlcpnrtmcHt':' us the
derlllition or "department" uppli'cuille to
this section iw coextellsll'c with t1;e detlnl·
lion ot "gxe('ut!"e departmenl" lil sedlon
1m,
I
. The words "or mlJltury dellarlmcnt"
nrc Inserted t<1 preser"e the upvllcution
ot the source la·w. Detore euu~tme'llt oC
the !\ullonal Security Act Amendmenls ot
10·10 (63 Rlnt.. (78), the J)cpurtment or the
Army, the UCjlnrtmeut uf thl) NII"y, IIl1d
I hc Ucpal·tlllcllt ot the Air l"orcc were
,
nn R1H.'{'iflc l;ro\'lJ'ltHl (ur the U)oI.r;iJ,!"II'
IHt uHtdHfnnt~ 10 {'lIief,. u( ltUrt'lIll;"
from ;t'ommitoHinnetl o((\t'pr.-i Hf 111<- :\'U\'.\",
I
A certltlculc I..... uill!; 1.. ,,))1 the ,,(cit'... o(
Ihe Cl>l1llltroller ot Ihe Curr~IlCY, nud Ill!·
l~Xi.'I·utl\'e depurtllleul~.
'('he :>:nt!ollul Se·
curity Ad Allli.'lldlllcul~ oC JlHU C"tuu·
lishet! the D"partlllent Hf Hctellse U8 nil
1';Xl'CUt!"c Uell1l1'(mcllt 1III:Iut!I111: the De·
llUrtment ot Ihe Army, the Departmcnt
the :>:II\'Y, nnll the UCllltrtlllent of the ,\Ir
·c u~ 111111tllr), d('pHrl HI('nll<, not II.
I';x~cutl,'c
t!cIOIII·lmi.'lIts,
lIo\\'e\'cr, lhe
"uuree IlIw (or this "~dl"", which wus lu
(-((el't in 10~O, n'mllinell UIll'lkulJlc to the
f\ccrelurle8 ot the Hlililnl')' dCl'a,·tllleuls
Ill' virtue or sectloll 12(1:0: or the !\Iltional
Security Act AlIlcnd'lltmtl! ot l01U (63
~tu't, !lOll, which Is set out In the ·rev!.
er's uote tor cectlon 301.
"I
"'o ..
fltllndnrd cllllllge8 IIrc Illude t<) clluform
with the detinltluns IIJlI,II<'u101e lind the
"lyle IIr this title liS II"lllut-d In Ihe i.rer.
IItc 10 I he rellOrt.
I
§ 3347.
Details; l'rcsidCII
I
I,:stead of a detail under .;;c<:t
Prc'sidcnt may dircct the head 0
military department 01' another,
or inilitary department, who.;;c ,I
den1t, by and with the advice ani
the, duties of the office until a s
or sickness stops. This SL-CtiOll
office of Attorney Generkl.
PUjb,L. 89-554, Sept. G, 1966,80 St.
Historlcul
A 1J"lluty Comptrollcr or tll·C Currency
coulll cxcrcl~e' the power und dischul'ge
Ihc dutie. uUnched to the: uCfice of
COlUjltrolier durin\,( 11 vucuncy'ln Ihllt ot·
tlee or In the absence or Illuhlllty <lC tho
.CollIptrolier. Weitzel v. llrown, 10J(). 112
N. B. IH5. ::U Mass. 100.
'
When the place or any chlet oC lJUreau
numed In Ad )1ar. 3, 1883. c. 130, I 10, ~2
Stul. :;00 [sec section 41 ot Title :Hl .. had
heel! tCUlI""'urily tlllc(1 unuer'torlner sec
ij
II 11 t1lOr·
II'In 5 or 1111" title [ .. nw this sCdion]. the
I,,,rson so leUlllornrlly u,ctln;: might per·
form the dulies ot such oWeer as a
memlJer oC the Board oC Conuulssloneu
or th-e Soldiers' Home,: just os he per·
formed the dulles ot tllc ottlt'Crs 10
whose .tead I'e WUH a"tlng, 1001, 23 Op.
Atly.Gen, 475. Sec, ulso, 1802, 20 Op.
Atly (.len. 483.
The uUlcer uuthorizcd, undcr tormer
RCCtioll :i ut thla tllic [now Ihls section],
to pertorm tcmvorarlly the duties ot Ibt
chlcC ot U ourcnu, ~urcc<)dcd to III1lI "Ii
10 I)cdorm, nut alml'!Y the !lulles ot tht
UhsCllt chler which relnte to lhut partlcu.
Inr hureau, hut nil lhe dutleg oC Ibat
chief wbleh !lC\'oh'c!l upon him us ~ucb
l'hleC ot the hurenu, '1001, 23 Op,Atty.
0('11. 473.
111 tormcr _celion :; or this titlc \DOW
lhls HectionJ. the word. "the ossislant or
dCl'uty o( Buch chicr or ot Buch otclcer"
eould only refer to IIMsl.I,,"I. or del,ulie.
464
Ull'
l'"lh·,,1 ~luh'N (;(Hl.
ii I :,f\,(:,
liS
I
I'owen ILn11 duties oC !lrd IIs.l.t"nt
'1'he AsslKlnut CumUli.Nloller u( Puteuts
(now Assistllllt COl!lmlssluner 'or PutentH
lind 'l'rudcmllrks] had power to hear and
decide an IlJlPeul tukcn to tI',e Commls
Kloller III lin Interference proceeding, U.
S, v. Duell, 1001, 17 App.D.C, :575.
X,,",
I
Notes of Dccisio11S
I,
r.m,
Itj.eliJUnll)tlond
l.)~rh·"tlon:
I
p,n·
IIlI, ... · .
tn<"ut
.Cross Itcfel'ell(:es
,
"."i"t..nt
thllt ",liNn
~ WRH
:.
1
I'ower. "lid dull"" ot first
Nil
I
NotCH
A,ldHlulIlIl I'''y I'rollilJHeil fur ~frkcr jlerrnrmillS duties lit "Ill!Ullt "fficc
Izeu hy this secllon, sec NCt!lloll ~ or thla tllle.
.pcdrk""~·
\\'IIN
lie••,
11lOO. 10 Ol',AI I ." ,(;'-11.
111'1), l00{), :lR OI',Atty.r:P1L Or.,
It.,,,i.l'd !>tll.tutc. "nd SIILtutc. IL' J.ILrge
lUi. i 178.
E,~pIILII"tory
I
\\'hu~e' apl'''llItm~nt
,hJedltor hy stutnlt',
.11"h r(tker.. were unt Ilullwrlzed, ,",,11'"
suld RN'tiun, (0 lll'rrurm Ihe dull1'. 01
their '('Idet In ,'UHe of hlH n )IHflIH't! or ~kk·
,
ll"rIvILUon:
EXAMINATION,
Ch, 33
'l'Ju.:
wHrd.ti
"in
",',>
djl'if.·r\~liuH".
hj..,;
nult", und "lJh,'uwIH..' IU" urc olulUl·d
5uhlltlliUgll •
The
rlll."tmcH~" urc
wOI'dM
"I':XN"IJ(
h*,·
jl
d.
tiuh:-;llr llh·,1 Cor "d~'PHI'I
UM the d('C!nltjoll of .. tI~·parfltlPIiI
appllcuhlc to thls ~Cl·tlUIl it' i,'Ui,'Xlt1 I1Sb
n)~nt"
wltb tbe detinltlun lit ·'.!-:xecut!\'t) depue;
In section 101. A" uticIl, the \I'""
"a,D" la cucxteulIh'c with und HubsChutt·
'
tur "eltllcr",
n.fn,"
I
;rhe wordH "or mllitury dcpnrtml:1I1
ar,e Inserted to prcHcnc the "1I1,lic"\ i,
ot the ijource law. lit-tore cnat'tnwnl '
tbe National Security Ad Amcndl>lclll~ ,
1~19 (63 Stat. !jill), Ihe Ilel16rtmclIt or II
'\,Clny, the Dellortmellt !lr lhe :-;)1")', H'
the Deparlment o( 111" All' Vurn "',.
Executive dellartUll'ntg, Tho ;\ulluliu! X
I
.t::U·;CUTI n
I I::x,Ord.:-;",00U7, J "'l('
~,,1).
tormerly
~h16 iliectloll.
/tiet
out
1~, l!>I,". 1:1 F.
us
/I
Wdl'
1111.;
whh'h rt'llIft)d 10 lite dl'~i
~41ion of UCfll'('r... Cit 11H~ IlppllrlllH'lIt
�EXAMINATION, SELECTION, ETC.
appoIntment WflN speclflcally pro
Cor hy stntute, so Ilint where ·thnre
no specltlc proviNlon 'Cor the fissfgn
of aSRlatnnta to· ch!ef. oC lntrCo"R
'commlssloned of(lcers oC the Navy,
oUlcer. were not nt;thorlzed, under
section, to perCorm' the duties or
chIef In CIlRe oC hIs .ahsenee or Kkk'
J8OO,.Il) Op,Atty,Gell. rJ03.
Sec,
mOO,28 op.Atty.Gen. Olio
der the ~eul or Ihllt oWee, gll'(,o hy one
us "Actin/: Comptroller", WflR pre""lIlc,1
good. Keyser v. llltz, D!st.Col.18110. 10
S.Ct,200, 133 U.S. 138, 33 rd~d. 531.
Court would ossume thnt nt the dnte ot
his certltlcnte Deputy Comptroller wnH
out.horlzed to exercise the' powers nn,l
discharge the duties of the Comptroller
nnd WfiS theretore nt the time Acting
Comptroller. Weitzel v. lIrown. 1010. 11~
l".I~.
. PrcNumptiot)8
5 § 3347
ow,
224 "I.IISS.
DE
mo.
certJrlcate ISHuing from the office ot
Comptroller Ilt the Currenc)', nod un
Det~ils; Presidential authority
a detail under section 3345 or 3346 of this title, the
dent may direct the head of anOth'er Executive department or
itary department or anothe , er of an Executive department
military department, w
tmen
the Presi
and with'the
ees
Historical axul Revision Notes
nevlHcd Siniuto" nn,1 SlnluleH "t 1.lIr~;'
~ .Iifl.
l'nll:...d "1"leo Code
·:5
!l.S.C.
(J
n,s.
Explanatory Notes
i
wordff ;'In hhi .d1.s.l'rctJnu", "va· ,,"rity Ad Amendment. or J{HO c"lnlolb
nnd "Incumhent" urc omitted as Ihe DelJnrtment ot Ddellae OR nn I·;xec,,'.
ge. The words "Executive de
I.h·e llepnrlment Including t'he Depnrt.
" a re substituted tor "depArt· ment or the Arm;', the DepnrlnH!nt ot tile
the detlnltlon ot "depRrtment" :-;'A"Y, Anti the Department or the A;lr
In this '.eellon I. coextensIve Force os military departmentR, not Ill<
How,ever, ti,e
the deflnltlon i <It "I~xeeutl\'e depnrt· lCxeclltlve depnrtlllent..
.. In section 101. AN ""e,l. the word 'sonrce Inw tnr thl. "ectlon, whl"h WO.' iln
Is cnexlenNlve willi nnd suhstltuted effect In W·W, re,ilolned oppllcnhle to I;he
SccretnrleR 'ot the milltnry 'Iepnrtmeflt~
"eHher".
hy ,'Irtne ot section 12(g) ot the l"ntiohnl
',The words "or: milltnrr depnrtment" Security Act Amendments of lfHfl '(63
InRerted to IJfesen'e the nppllcatlon
St.llt. nOD, ,\'hldt Is set Ollt In the re~'l.·
the SOllrce Inw. Ilefore enRctment or
"r', note for scctlon 301.
I
National Secllrlty Act Amendments ot
};Inndnrd chnnges nrc' mode to ('o,,(,',rlll
(63 Stnl. 578), Ihe Depnrtment or the
the Depnrtment ot the Nflvy, 'ilnll wllh the ,Ieflnltions fllll'llcnlJle nnll /the
~t the Air Force were "tylc ot this title II. outlined In thc pref·
live depllrt~cntij. 'l'he Natlonnl Se· 'I<:e to the report.
i
EXECUTIVE ORDER NO. 0067
Ex.Ord.:\".OOU7: Junc J2. 1048, 13 I·'.n.
32.0, torm('rly Hel. "ut /lK n note nnder
. this aeNlon, which rellltc,1 tn Ihe o!eulj:.
nation of ,,!Cker. ot the Dcportment of
I
AgrIculture to IIct nij Seeretnry at Agrl·
"n!ture WaH K"perRe,led hy I~x,Ord.l':o .
1('181, Auk. ):1, 1M3, 18 j''.H. 401-1,' i r·
Jy F\ct Hut HH n note I1ndp.r thll'(
ton.
465
14
�-.
______
..
..
~~--~-----------r---~----~-.-----~.~-.-.~h~gIr-______________--~--~--C------r-----------
3348. Details; limited in time
H(a) A vacancy caused by death or resignation may· be filled
temporarily under section 3~45.J 3346. or 3347 of this title for not
.-
more than 120 dai:!!, except t at"(1) 11' a first or second nomination· to fill such vacancy has
been submitted to the Senate, the position may be .filled tempo
rarily under section 3345. 3346, or 3347 of this title
"(A) until the Senate confirms the nomination; or
"(B) until 120 days after the date on which either the
Senate rejects the nomination or the nomination is with
drawn; or'
"(2) if the vacancy: occurs during an adjournment of the
Congress sine die. the ·position may be filled temporarily until
'120 days after the Congress next convenes, subject thereafter to
the provisions of paragraph (1) of this subsection.
"(b) Any person filling a vacancy temporarily under section 3345,
3346,or 3347 of this title whose nomination to fill such vacancy has
been submitted to the Sena:te may not serve after the end of the 120
day period referred to in paragraph (l)(B) or- (2) of subsection (a) of
this section, if the nomination of such person is rejected by the
. '
Senate or is withdrawn.".
u§
i
I
Approved August 17, 1988.
LEGISLATIVE HISTORY-H.R.; 3932 (S. 2037):
HOUSE REPORTS: No. 100-5S2'(Comm. on Government O£Qration.a).
SENATE REP9RTS: No. 100-317 accompanying S. 2037 (Comm. on Governmental
Affairs).
.
.
CONGRESSIONAL RECORD, Vol. 1::4 (1988):
Mar. 31, considered and passe, House.
Apr. 26, S. 2037 considered anu passed Senate.
Apr. 28, H.R. 3932 considered und passed Senate. amended. in lieu of S. 2037.
July 26. House concurred in Senate amendment with an amendment.
Aug. 2. Senate concurred ~n Houso amendment.
o
!
,
�<Vl~~"* R~' rno;
.
Ch. 33
Me,.
4"
I
I
;1133
!
I,
EXAMINATION, SELECTION, ETC.
5 § 3351
i
IUlule ,Is cxhnusted nnd It Is not compe· tor an IIddltlonal period. 1880. 16 Op.
!lill lor the I'rcshlcnt to appoint elthcr Atty.Gcn. 006. Sec. alBo. 1883. 17 OP.
'l/ same or another oWcer to thereafter' Atty.Gell. ~; 18&1; 18 Op.Atty,G~n. 00.
:~Irorm the duties of the vacllnt oftlce : 58.
r
i
;! 3349.
9
Details; ~to fill vacancies; restrictions
i A temporary ap{ol;;tmeAt. designation, or assignment of . one ~ffi,
' --:'
:;;r to perform the Quties of another under section 3345 or 334 ':liis title may not be made otherwise than as provided by those sec·
:ions, e;wept.to fill a vacancy occurring during a recess of the Sen
,I
I,
:1
I
<I
11
I,
Ii
I
:1
'E
,!
Ile.
?ub,L. 89-554. Sept. 6, 1966.80 Stat. 426.
Histcrical and Revisicn N ctO&
·,':11';111(:."
in
tile
i"I'~ll·llIlcut.
J'i1I .. jJ r.. r
Dtrhatloll!
ExplAnatory Notes
;h," tnow 30~
,l'{'d I h iu thla
··"1.
lS!JI.!.'O
1; III i( at ion pc~
'ill: 1 lw[i to he
j'I't.':.;idC'nt
: :;1;
appOint.
I'.': I'.~'
",,~
frofll the
or the
: i;;illO}J
The prohibition Is re~tated· In positive
arm.
This section was part ot title IV ot the
Iliised Statutes. The Act ot July 26.
~1, eh. 343. f 201(d), liS added Au·g. 10.
~9. eh. 412. I 4, 63 Stat. 570 (former 5
r.s.c, 171-1), which provldcs "Except to
lIe extent Inconslstcnt with the provl·
uons of this Act [National Sccurlty Act
,
'."'''''," llcrlod
:.ltlCC~s.
l'r~:":ident.
:1!!li.rul'Y OCCu.
,
Standard changes are made to contorm
with the detlnltlon applicable.: and the
stylc or this title as outlined In the pret.
ace to the report.
Nctes ,€If Decisicns
L
·1 Ill.lf.\'
ot 1047]. the provisions ot title IV of the
Revised Statutes as now or hereatter
amended shall be applicable to the De·
partment ot Detense" Is omitted from
thla title but Is not repcaled.
I
J:. OI'.Alry.
.,.'.Ij ill the ot.
! "ullid not'lJe
llovbod Statutes and Statutes at l.argo
f 181.
n.S.
5 U.S.C. 8
it
a
fir la \\' or by
United States Co do
r""".s
"acancy d urlllg
of SeMto'
The I'lesldent haH the right under thc
Constltutloll. and Impliedly under thIs
!!dion. to 1II1l ke 11 tcmporary appoInt·
ment. dcslgnatlon, or u,sslgnlllent or one
IIlicer to Ilertorm the duties ot anot,her
In thc case ot u vacllncy cnused by death,
tllsnhllity. or otherwlsc. during thc recess
ot the Scnnte. and such temporary ap·
I'olntmcnt. designation. or usslgnment is
not limited by law to any partlcular pe·
rlod. 1001, 25 Op.Atty.Gen. 258.
I )11'
,.j",.
to contlr.
;r;l'('t~,::;sor
nom~
, ""ft'!' for the
1)( ~tnlc not
·'111
.
"'(1
·l;;·l.~,
tlr which
would't;c
Jfi~O, 3Z
, ; "f lI,I,. II.
illns 3:Hii to
:'!
l!'ot hUH pow ..
ilIIJI(;iutUl('nt
;n'd i,
H \'UCOU ..
r r('siguutlon
'·"1. tiT or Ihe
.J
t lIe pre.
(11c \"lH.'un.
! Il!d Ow:e tor
r"r!'pd 1,.\' the
:OI'
li'll
,
I
SUBCHAPTER IV-TRANSFERS
S 3351. ' Preference eligibles; transfer; physical qualilica
tionsj waiver
In determining qualifications of a prefel;ence eligible for transfer
to another position in the competitive service, an Executive agency,
or the government of the District of Columbia, the Civil Service
Commission or other examining agency shall waive
(1) requirements as to age, height, and weight, unless' the re
quirement is essential to the performance of the duties of the
position; and
(2) physical requirements if, in the opinion of theCommis
sion or other examining agency, after considering the recom
473
I
I
I·
�',"
".,'
:,." .'
..'
. ,'",;
"~UNITED'STATES
CODE ANNOTATED
. .TI'J'L+
G.OVERNMENT,ORGANIZAT1,ION
Part'
,
AND.~MP~~'Y~E~
'
,',
SacHor,
II. Civil Service Functions and Responsibilities ..,......... ;','. ; . ;'.. : ...... 1101
"
,
I ' "
;"
" ,
HISTORICAL AND STATUTORY NOTES
~m ~t
.
Pub.L. 96-54, § 2(a)(I), Aug. 14, 1979,93 StaL
3SI.,substituted "CI'f'il Senice'FlIIIetIoas and Re/"':~'! '
'I,',.
r:t_~ ..r.:,". ".: .''-, .. "
,"\l-:;.~.:.
.lasn.Wdes" for
'"IlIa uialtMci S _ CbIJ'Ser'
vice ,CollUllllillion" in the heading for the table
p81u,
I
.••• , , ....,
''-'
'
01
'"
. •
.~ ,..:~:,
_
'. \., •••
,.: ,PART I-THE AGENCIES'GENERALLY
~
,.' '.'.'
.
,.'
'."
'~Pt~r~',
,i,"':",
I:" ",' .:,
",
',I'
':":;'::';':"'~Ior
6. : The Analysis of Regulatory Functions I . .':,', ...... ';'., ... :.: ... ,';:.:., 60~
1 Editorially inserted. Chapter 6 was added by Pub]:'. 96-354, § 3(a), Sept. 19, 1980, 94 Stat. I W
' . ' .. ;, ,',
withollt a corresponding amendment of the chapter analysis.
I',,".
,CHAPTER l-ORGANIZATION
, ••
~H"'"
'~.""
, ~ ~
§ 101.
Executive departments
The Executive departments are:
r "
The Department of State. "
· The Department of the Treasury.
",: '';'
, The ,Department of Defense.
The·Department of J.ustice.
", ),':
· The Department of the' Interior.
'The Department of Agriculture.
, The Department of Commerce.
.. j,
The Department of·LabOr.;'" :,;;
, ."
.:' .·"TheIDepartment of Health and Human' Services, "
,"U~'!' ,""i',
· The ,Department of Housing and Urban Development.
The Department of Tra~sportation.,
. , • .;_ ,:
The Department of'Energy. "
"'
:g:: ~::=:! :: ~~c:a~~nAffairs.
"1
"',
',I~
,< t
;',
-c,:;:". "";,' :\:,:",:\~;,~~;:':_~,;:,~!:
(As amended Pub.L. 95-91. Title VII, §.71O(a), Aug! 4, 1977,91 Stat. 609;' Pub.I... 96-88, Title V
lli08(b), Oct. ,17;1979, 98 Stat. ,692~',PUb.L.'..1()():.527,§ 18(b), Oct; 25, 1988. 102 Stat. 2648,
{;:;~~
.t
'I-~ •. ~;';("r;
';!,;-::;·t:','1
<.::,,..,",
.
",
•. ' ' ' ' , .
~-;::aISTORlCAL' AND
'JP811 'AiiieadmeDt ,~ '.' ,:' ,
".: ' ,.' "."
'.'~P\d:;.L:'100::521;§ 'Il(b); ~llld~lt~:~.
of Veteraaa Main.
. . "
.• '". •
,'im'Ameiadmeat'" .... ,""..,;'7" ~, ':""::';:':":,, "~"Piib.l;;":':960-88 ~"8ubstitUtcd, "Diiparimcnt: of
:H~tlH~nd·Humal1·SeriiccS"'forl··Department'of
'WeJf'are~, and, inserted
~e J>.epartmcnt of' EdW:atbl'!~,: ,;'.:- ... :: ."
'Health; 'Education. ,and
Jm·.~,:t•• ,·· . "". "''''.: ","I.W;1:"":,~,r'
,,:
;. ">Pub.L:;C)S.;0.91Indudedthe.Departmeot'of,Bncr-
'. '1YI<i1l'!";"W ;""·",W·';;·,;"" ;'.';;: ,,!,:~,;,:;.:;;;:, ""," .,"
,
" -iii.-.-...
•
. -.
I
;, "" . . . ,~.';,,':,.''t ;'Ar:~ 'r ... ' (.
. ~ "',
.c!etiYe Date of .'l9ii8:~~r ';'''.''''~'':''~
.
STATUTORY NOTES ..-..
I
Amendment by'puii.i.:·-\OO-S27, etrectiv
March IS, 1989;"e.xceptu"otherwisc·pri:lvide.
therein•. aee.section·IS-'of lub:L.JOO;-'17, set ou
at1 a,DOIe, under section W1 of ,Title ~S. Vetenws
r;.:~~·::~~~1~~~", . . ,.
,:"~,,
i Amcndment;,by Pub.L;;96-8S. elfectivcdS'
dlIys after ,the firstA!ecRta:y takes oftke"or,o:
. ,.earlier. dale on"or, after;Oct;.,I, 1979,' 81,th
PresicIcm prescribe8·.and'·pllbliahesin the,.Feden
any
1 •
. . .-_--l;.:......:...,-.1L~-'·~~_, _______~_~L_,
___---'
�5 § 101
GOVERNMENT ORGANIZATION
Register. with specified exceptions, see section 601
of Pub.L. 96-88. set out as a nOte under section
340 I of Title 20. Education.
LeplatiYe I&tory
For legislative history and plll'JlO!lC of Pub:L.
95-91,. see 1977 U.S.' Code Coq.. and ·Adm..
News, p. 854. See, also. Pub.L. 96-88. 1979 U.S.
Code Cong..and Adm•. News,. p. 1.514;:;' Pub.L.
IOO-S27. 1988 U:S.Code mig. and Ad.tD.News, P.
€
Short Title
For Short Title of tbe Civil Service Reform Act .
of 1978. see Shon' Title nOle set out under section
1101 of this title.
.
3407.
CROSS REFERENCES
EJpenditure of appropriation to' buy. or lease: aircraft for oft"u:ial.use of hcada of elecutive.de
passenser motor vehicles'for II!Ie of hcada of ellec· . partments. see section 1344 of Title~ 31. :MoDe,
utive departments. see section 1343 of Title 31.
and Finance.
Money and Finance.
Inapplicability of provisions relating to passen.
ger motor vehicle and aircraft II!Ie to vehicle or
".
§ 102. Military departments
NOTES OF DECISIONS
"
1. Scope of 8eCtioa
"Military departments" referred in this section
deseribing military departments of country include "
not only uniformed personnel of various ranks and
grades, but also men and women employed in
civilian capacities; term "military department" as
thUli defined is not interchangeable with term
"armed forces" as defined in senera1 military law.
Johnllon v.' Alelander, 'C.A.Mo.I978. 572 F.2d
1219. certiorari deilied 99 S.Ct, 579,439 U.s. 986.
38 L.Ed.2d 6S8, rehearing denied 99 S.Ct.._I.~I,
,.439 U.S. 113S. S9 ..... Ed.2d 98. .
,,;,;;:"'" '."
§ 106. Executive agency
NOTES OF DECISIONS
1. EaTlro_tal Protedioa'AgeIIC)'
Environmental Protection Agency has never
been considered an independent agency but as
, part· of 'the Executive Branch. Sierra' Club v.
Castle. 1981; 657 F.2d 298. 211 U.S.App.D.C.
336, '
:-,' : : ' ':, ,' ,~,
..
CHAPTER 3-POWERS.
...
'
,'
.. '
"'~
.
§ 301. Departmental regulations
FEDERAL PRACTICE AND PROCEDURE' ." :;',,'.,1. :,;, ;
• ~ :' ," : ::~~'~.CI.:1:(~ .:,~.:'
Privilege to withhold documents otherwise dis·
coverable, see :Wright &; Miller: Civil § 2019.
CODE OF FEDERAL REGULATIONS "
Department of Agriculture labor policieS;' see 41' .:. ';', 000· technical 'infonilation;'d~ 32
• CFR 1S7.I et seq.
, , _ . :·CFR,1S7.! et seq.;,
,,:,,",,\':,\ {. ';',,',
LAW REVIEW COMM'ENTAR~ES.·
Deliberative process privilese.
RWlseIi L.
Weaver and James T,R. Jones, S4 Mo.L.Rev. 279
(1989).
I.
GEN~RALLY
CotIItraction with other
•
; . '.
-.:
llin 'II
~!' ,.;,
......:
• . • :~:
:. ~.: .,\
~;.~wlth oIIIer·lan",
.i
i
Ii:
,
~
.
i ;!;;";_ ..
. ~.~;"~%""'~j'
sued pursuant to Illinois discovery' proviaion to .
federal m:c;fdj:and information:possesaed
by ~pational Safety and H~:.~.
_ti~,Marshall v. Elw~,19so.~~ ~:I!:?fH29.
3' 1Il.Dec:. 801. 78 1II.2d:~:. ,,:~,,:.,',' [0 ..1:.",
'Obtain
Neithet ithe· Freedoinof: Information Act. 'Sec:
3. DcletatiDD of . . . .tI"·~,:i;i •.: r"..\. ';"'11,
tion·"2 of Ibis' title; this Mc:tion nor the Occupa·
The .Secretary of~... as: tbe!,~ :J~f: an
tional Safety and Health Act, section 6'" et' seq. :uec:utive. department,. ,baaoa '~";J!OWCi!!'".of
of Title 29, resulted in preemption under tile 'delcption. Halkv.· MlIrsba1I,., Q.~~ 1979d~~6
supmnac:y clauSe: ·U.S.C.A. Conat.-art;, 6,cl;'2j of
F.Supp. 262, affirmed 622;'F.2d,$:78'H',,:;.1 ,:.:1'"
1Uinois· d1sc:overy , under ,the Civil· Praeticc,..Act,
S,HIA.·'m.' 110.4.; '§'214;'and:'11liliois'Supreme
5. ~ wltlda8eCti~,.. ;''('.'i
Court Rule,rule:'24· and thua'circuit'coun bad
Wliemparty!aceting,discovery from.>felleahl·
jurladi<:tiOn,'to ·enf_ :.subpoena 'duces :ta:um' isec:utive departments baa not complied with ~.,
'2
�"
DETERMiNED TO BE AN
ADMINISTRATIVE MARKING
INITIALS:
lit DATE:O.s\011'z....
TO:
Private and Gm6dEiUIUl
Kathy Way, White House Domestic Poiicy
,
FROM:
Mark Lloyd, Arts & Humanities Personnel Specialist/Search Manager
RE:
Background and: Recommendations
DATE:
February 9, 1993
The federal government operates a variety of arts and humanities programs through
agencies such as the National :Endowment for the Arts, the Library of Congress, the
Kennedy Center for Performing Arts, and the Smithsonian Institution. Cultural
programs are also administered through the Departments of Education, Interior, State,
and Defense, along with other IInon-cultural" agencies. ,At present, there is no
interagency group coordinating these programs. This has resulted in duplication,
conflict, and public confusion about the role of the federal government in the field of
arts and humanities. For this ,reason, and others outlined below, the Federal Council on
the Arts and Humanities (FCAR) should be reinvig<;>rated and charged with coordinating
arts and humanities activities and articulating a national policy. This recommendation,
and four others follow.
BACKGROUND AND OVERVIEW
1. The Federal Council on the Arts and Humanities
FCAR was created in the 1965 legislation that established the National Foundation on
the Arts and Humanities, and the Arts (NEA) , Humanities (NEH), and Museum (IMS)
endowments that operate within its structure. Its current authorization expires on
September 30, 1993. Under existing legislation, its purposes are:
1.
2.
3.
4.
5.
Providing policy ;guidance to the chairs of NEA, NEH and IMS;
Coordinating the activities of federal cultural agencies;
Reporting to the President and Congress on the state of the arts and
. humanities, part~cularly with regard to their economic needs;
Planning and coordinating national events; and
Operating an indemnity program for foreign works of a~ on loan to U.S.
,museums.
The FCAR membership consists of federal officials with responsibility for arts and the
humanities. Members presently designated in statute. are::,
Chairs of NEA, NEH and IMS;
Secretary of Education'
Secretary of the Smiths.onian Institution
Director of the Natioml.l Science Foundation
Director of the Nation~l Gallery of Art
Librarian of Congress :
�-2
Archivist of the United States
Commissioner on Aging
Commissioner of the Public Buildings Service
Officials designated by the Director of USIA; Secretary of the Interior; Chair of
the Senate Commission: on Art and Alltiquities; and the Speaker of the House.
I
I
The President is authorized to: change members "to reflect changes in federal programs
or organization." Along these :lines, given the increased importance of communications
technology in providing access to the arts and humanities, a high-ranking official from
both the Federal Communications Commission and the Corporation for Public
Broadcasting should be included on the Federal Council.
I
The President is also authorized to select the presiding officer of the Federal Council.
during the Carter Administration, Joan Mondale was the Honorary Chairperson, and
Joe Duffy, Chairman of NEHserved as Chair. An agency head as chair seemed to
create resentment among the other members of the Federal Council. The leader of the
Federal Council should be someone independent of any other federal agency.
I
Under the Reagan
responsibilities.
Administr~tion,
FCAH was stripped of its policy and coordination
I
The FCAH budget is between: $60,000 and $70,000, this is mainly for staff and member
travel. In addition, FCAH receives an annual appropriation of $300,000 for its
indemnity program; if there a~e no claims, that money is returned to the Treasury. The
indemnity program is handled by an NEA staff person.
I
I
•
During the Carter Administration, NEA and NEH each paid for about half the FCAH,
staff and administrative costs, :and NEH carried out most personnel and logistical work.
This arrangement now exists With regard to the President's Committee on the Arts and
the Humariities (more on PCAH below). Then and now, this arrangement results in one
or both of the endowments having undue influence over the work of a supposedly
independent federal entity. FCAH should . have a separate appropriation.
I
I
2. National Endowment for the Arts
I
NEA is an independent feder~l agency auth'orized by statute to promote excellence in
the arts and increase access to the arts through grant-making. Its staff guides proposals
through a peer review panel process to award support to individual artists, along with
state, regional, and local arts-funding institutions.
I
Its budget is approximately $1:75-million, roughly $20-million of which goes to salary and
other administrative costs. NEA's authorized FTE level is 267. It's management staff
totals 66 FTE's, 28 of whom are in the Chairman's Office (an organization chart is ,
attached). The President has the opportunity to appoint a new Chair along with two
members of the National Council on the Arts. In addition, there are five Schedule C
positions, and three Non-Career SES positions.
�.,3
Under the Reagan and Bush administrations, NEA became top-heavy and overstaffed.
Its focus shifted from giving grants to giving speeches. It has created public controversy,
and now finds itself under attack from all sides.
I
Neither theNEA staff, nor its: council members reflect the racial, ethnic, or intellectual
diversity of OUf nation..
3. National Endowment for
th~
Humanities
NEH is an independent federal agency authorized to promote scholarship and an
interest in the humanities thrqugh grant-making. Like the NEA, the NEH staff guides a
variety of proposals from numerous disciplines through a peer review process to award
support to both individual sch?lars and state, regional and local institutions.
I
Its budget is a little over $177~million, roughly $21-million is for salary and other
admirustrative costs. NEH's authorized FIE level is 282. It's management totals 94
FIE's, 48 of whom are in the 'Chairman's Office (an organization chart is attached).
The President has the opportunity to appoint a new Chair and one member of the
National Council on Humanities (8 council positions open up in September 1993). In
addition, there are ,three Schedule C positions, a~d three Non-Career SES positions.
Under the Reagan and Bush administrations, NEH became top-heavy and overstaffed.
The past Chair, Lynne Cheney instituted a process known as "flagging," where she would
pull grants from the process on purely ideological grounds. Cheney has been effective
as a conservative spokesperson, and equally effective in designating me~bers of the
National Council who reflect her views. Her statements and actions have highly
politicized NEH, and alienated many of the communities NEH was authorized to serve.
Neither the NEH staff, nor it~ council members reflect the racial, ethnic, or intellectual
diversity of our nation.
4. Institute of Museum Services
IMS is an independent federal agency established to assist museums in their educational
role, and to help them become more accessible to the public through grant.:.making. The
agency provides support for museums of all types, including art, science, history, and
children's museums, as well as zoos, arboretums, historic sites and nature centers. Like
NEA and NEH, the IMS staff guides proposals through a panel review process.
The IMS total budget is approximately $29-million, roughly $1.5 million is used for
salary and other administrative costs. There are 17 full-time employees, including nine
in management. . There are no Schedule C or Non':career SES positions. The President
has the opportunity to appoint a Director, and 10 members to the 15 member National
Museum Services Board (8 m~mbers are serving expired terms).
The Reagan and Bush administrations have largely ignored IMS. It has long been
considered a "little sister" in the structure of the National Foundation on the Arts and
�-4
the Humanities, but its treatment recently has discouraged many in the museum
community. The challenges facing IMS have more to do with process and programs
than politics. The main issues: are 1) aiding small emerging museums, which are drawing
non-traditional audiences, and. 2) helping to find additional funds for large and small
museums across the country which are failing due to lack of financial support.
5. The President's Committee. bn the Arts and the Humanities
PCAH was established by exeCutive order in 1982 and has been renewed several times.
The most recent order expires: on September 30, 1993. However, the Committee itself
has ceased to operate since the end of the Bush administration. Its offices and a few
staff members are now being carried on a month-to-month basis by NEA and NEH.
The President's Committee is made up entirely of private citizens appointed by the
President, who serve at their own expense, and at the President's pleasure. They are
charged principally with developing ways to increase private sector support for the arts
and humanities. It was a vital'bodyunder President Reagan, but under President Bush
it has been criticized as an expensive perk for the President's friends and campaign
supporters. Another view is' that the PCAH has created a useful dialogue between
federal cultural officials and private individuals, and that its informal activities have
helped to raise private support for the arts at a time when that support is falling. The
PCAH has also initiated the National Medal on the Arts.
'
I
,
The PCAH budget is $326,OOO~ all of which is devoted to staff and administration. NEH
and NEA jointly provide support for the staff of four. The Executive Director position,
now vacant, is a Schedule C. The Committee has comprised as many as 50 private .
citizens.
:
.
RECOMMENDATIONS
1. Downsize and Refocus NEH and NEA.
The NEH and NEA have been staffed to supplant the policy role delegated to the
Federal Council. As these agencies have become policy pulpits, their grant-making
duties have become devalued .. They have alienated, the communities they were,
authorized to serve and have become increasingly isolated themselves. The staffs should
be decreased, and these agencies should be returned to their original functions. The
Chair of each agency should participate as a member of the Clinton' administration's
team. Not as a ruler of her own separate fiefdom.
2. Reinvigorate IMS.
This small agency serves an im~9rtant function as it helps museums to preserve and
share our common culture. It 'should not be ignored. Board members should be named
quickly, as should a vigorous leader.
.
i
�-5
3. Reestablish the FCAH.
The original purpose of the Federal Council is more valid today than it was in 1965.
The arts and humanities are iq.tegral parts of our economy and our way of learning. It
is no small task to be aware of, much less to attempt to coordinate, the variety of
federal programs in this field. : But this coordination must take place. One example of
the need for coordination is the involvement of a number of cultural agencies, including
the Library of Congress, the Sffiithsonian Institution, and the Corporation for Public
Broadcasting, in the development of on-line information networks. Without
coordination, these efforts could become duplicative, or even incompatible.
Decisions regarding matters of: tax policy, copyright policy, and trade policy that affect
the arts are complex and will require sustained attention and analysis. This effort will
not affect one agency alone. Coordination of policy and programs is both sound
management and financially efficient.
The Federal Council should not be the captive of anyone federal agency, but all agency
leaders should feel free to air their differences and needs in a closed forum. The
Executive Director of the Federal Council should be independent of the influence of any.
one agency, but able to meld the competing demands of all relevant agencies, and
develop and effectively communicate policy options to benefit all. As mentioned above,
the FCC and CPB should be represented at FCAR.
I
The cuts proposed above in staff and budget at NEH, NEA, and PCAR, should be
shifted to provide adequate staff and budget for an independent Federal Council.
,
4. Retain and Refocus the President's Committee.
PCAR has the potential to becbme a useful advisory board to the Federal Council. At
a time when the federal budget' will need to decrease, public-private partnerships will
become more vital. The PCAR should be comprised of private citizens who can help
raise funds for the arts, and encourage and implement these partnerships. The
President's Committee should also have distinguished artists and scholars who can give it
stature. Citizens such as Jane Alexander, Henry Gates, David Geffen, Toni Morrison,
Lloyd Richards, Beverly Sills, and Isaac Stern have expressed an interest in serving. The
Chair of such a body could be private citizen, such as John Brademas.
a
5. Choose and Present a Team
I
The lack of racial and ethnic diversity in the arts agencies is counter to the
administration's commitment to· diversity. As much of the staff in these agencies are
career civil servants, the only w~y to alter their makeup will be through appointment.
The President has the opportunity to pick a team, Chairs of NEA, NEH, and the
President's Committee; and the Directors of IMS and the Federal Council. That team
should send a signal to the arts community, and reflect both the diversity of the nation
we serve, and the quality the nation deserves.
�,,.,Iuunal l:ndowmant for tho Arts
OI,onlzotlon QNJt1
N AT ION A f,
. UNDOWMUN1'
....
,
:poaWTUII
'NSKeTOR GENeRAL
.
~.S414)
COMaRESSIONAl lIAISON
IWbI Dunq (681.5414)
t.
.GENERAL COUNSEl.
...
.
c••IM St_.
•
MIn "DHINJS11IAl1ON nu.ows
""" ~("I.Sfl"
lUUCU
t--_... __ ... - ... - ........
'.
' ..
RESEARCH a BUDGeT
H''1.. W)uClC1llfll:l (682.5414)
AIme-lmelda Itadk, AdI1t
'ARTS
-._ . -- .... .
..
POLICY. 'LANNING.
CHAIRMAN
leon 1III, (60).5401.
C68M41.,
l ...~(_.SfQ)
SeniorOep." ct.........
Amt......... lbdJce
"OlICY • fUMNIIMI
PU8UC AffAIRS
C I.SS1U)
..
(692·54t4)
n.-........ ",a.ldJI
Deputy CI,alnnan
for Prozraml
Rand, HcAu.land
.602-5631,
Doputy Chalnm,n
for Public Partnenhlp
Daphne HUn'1,
l
cttAl.alNGI!IAOYNICUII'Nt'
...-....,(4I.·Ju..
GAtta!
sot AA........."'(w·'n,.
_SIGN "flft
...... 14rf"..... I"l·M.'t
-
(682.5<1... ,
...
('111·5408)
httO'OohotcrCIlH4S 1)
"'' StNlDUeA',*
~C."'MU'
lOC'N. . , ,toGlNCIEI
CONTMC1't. fROQIMtuHf
IIUIMCH
t1EOt.\~.n
Db•• " •.,.., •• tum,
O"IIUHtuSlCAl mEAIIE.
t . . . "-....., ..... ,..,.
• _HHfIHO a COHH"S'~HI'IG
STAJI AHO MGtONAl
... f'ftoMO!l....., ,,110141., .
......_ QiCa_ ."um.
ur.MlUQ
"I..U.,..
Gt,I .......
'Y"fAn" -
.
,."'. , ...., ".l.unt
.. -
CIVIL alGltT.
\
'INMfCIli
S,tcaM. CONSfIJUIHCIU
fOllC"An
D_ o.l"... ArtIof
-
.
'111·".,
tH'OllttA'IO"~lHl'
-_.
.,;.,t~).ifn)
.'.rb
-
i
_. 1.-_.
~,,"_''''''''.
"lit
__
~
-,
..••,1 , .. c•• <1 ,..} HUI
VISUAL ,,"IS
~
NM' ."I,S.d.
i
-\
'"
. e::= ~
H.,.... ff.. ~. ,,,,I·JiO',
GII",nl
••..., ''''''INt.S.U.
.lOUtll)
I
Anp~ItIdw. . (68J.S.s4J
WoI..........at ,NUtlll
ou,.,"cu
ttUQC
l_"*,,NM'<I"J
•
onMllON1
'PERSONNEL
Sll" KW (HJ.S41S)
LauI'1!Qc:e laden
Do••
"""'_ OIMI.jr.(I'J·Utlt
D.~... tw.t,
Seepfl. (AI.5m)
I ~ANn
,
OPAtlS!ON""'"
P·..·' ....'f.. ZS4 U'
•
Ie
y-_""", plUCHt
It. .........,," I"I.SCO,
lH'IIIMA'YIONAl ActM",I· .
~~nYESECRETAR~T
ADHJtmTIIAn.SU'WCI1
"'m, WcI.hC4U.SiOJ)
HUll""
I
Dep"tJ' Chairman
for Hallazement
''''''''',''U41,
~m CoIh
Pf'QI....... CoordI.....an
ltaaScHh
«4U.S411.
COUNCtLOPERAnOHS
ttanN tones (6IJ.S4'1)
.-+:
OJ
�.
NATIONAL
0 0 {g
ENIX).-lMEl'IT
FOR THE' HUMANITIES
#'2.")., .....
/
0.--'
GENERAL COUNSEL AND
CONGRESSIONAL LIAISON
~
ANNE NEAL ~-c..,....U LJ
1----;
OFFICE .OF
INSPECTOR GE~RAL
SHELDON BERNSTEIN
DEPUTY CHAIRMAN
-
CELESTE COLGAN
~~
t:v
I
ASSIsrANI' CHAI RMA.N
fOR OPERATIONS/
DI RECI'OR 01: EEO
TOM KINGSTON
ASSI srANI' OiAI RM.l...N .
fOR
PRO::;RA.MS AND POLl cY.:
JERRY MARTIN
'
DIVISION OF EDUCATIoN
PRCGRAJ.iS
JIM HERBERT
ACCOUNTING
OFfICE
RAY GLEASON
(/'
&be· (j 37J
DIVISION OF FELLOWSHIPS
AND SEMINARS I
~ t~
MARJORIE BERLINCOUR1' •
CJt.
DIVISION Of PRESERVATION
AND ACCESS I /' <:i
GEORGE FARR
faD b -() \,
r-(
'7<
(;;>
DIVISION OF PUBLIC:
PRCGRAMS
DON Gi'gSON
/
'00/;-; <ju. 7
DIVISICN OF RESEARCH :
PRCGRAMS
RUFUa';~S~·.~...
.
ADMINISTRATIVE
SERVICES
BARRY MAYNES
ADP SYSTEMS
~--~------------_~--~I
l
OFFICE 01: PLANNING
AND BUJ:X;ET
STEVE CHERRINGTON
-
I
I
--1 DIVISIO:~
PUBLICATIONS AND
PUBLIC AFFAIRS
CLAIRE del REAL -Jt..fx.~frO
CHAIRMAN
LYNNE V. CHENEY
:
'() t--ru~-o
OF STATE PR(x;RL1S
OFfICE Of Our~CH
v:.
CAROLE WATSON
(,0" - '(-v. I
OFfICE
BILL KINSELLA
GRANTS
OFfICE
DAVID WALLACE
J
NEH
LIBRA..RY
ENAYET RAHIH
PERSONNSL
02fICE
TIH CONNELLY
~----~--~--------~
�·,
.
,
To: Carol Rasco
From: Kathi
,UJ
wayp4.~
Date: February 13, 1993
i
NATIONAL FOREST SERVICE PROPOSED REGULATION
BACKGROUND
"
Admission to National Forests has been regulated since 190.5.
Until the 194o.s individual as well as group and commerica1 use of
'the forests was regu1ated~ AI:? the use of cars increased mobility
and individual use soa,red the regulation of individual admission
became impossible. Since that time group and commercial use of
the forests has been r~gu1ated. Beginning in 1982 objections to
the regulation of non-pommercia1· group use of the forests grew.
Groups have, sincetha:t time, successfully won court battles
over the regulation Na:tiona1 Forest ,on grounds the regulations
denied First Amendment: Rights. You should also be aware the
forest service continues' to require groups to obtain permits
unless they object. Last year alone more than 180.0. ;permits were
grants to more than 60.0.,0.0.0. people who used the National Forests
for group gatherings. '
,
CURRENT
.
I
,
' '
Currently, the non-commercial use of National Forests is
unregua1ted. The NFS,! with the support of local communities that
are adjacent to these forests, has continued to work on the
development of regulation for group admission to the forests that
will not infringe on First Amendment Rights. Draft regulations
have been completed arid.are currently under review at OMB. Once
that review has been completed the regulations will be published
in the 'Federal Register and persons wishing to comment will have
90. days to voice theiit concerns and make suggestions.
i
CONFLICT
,I
I
I
While at first glance 'it may seem the need to reg~late group
admission to the forest is unnecessary, there are numerous local
communities, state governments and private citizens that border
the forests that would tell you otherwise. While the visits of
boyscout troops, family gatherings and other community groups
occurr within common ~ense guidelines, consider what happened in
western Colorado 1astlsummer. The Rainbow family, a group of
18,0.0.0. people that get together once a year, visited a national
Forest in Western Co1qrado.The population of the town adjacent
to the forest was less than the number of visitors to the forest.
The group had done little to no planning for the visit. On the
first day they arrived they ordered 2 tons of flour from the
I
_
�health food store. The town near the forest had two small
restaurants, a gas station,'minimal medical services, very few
public restrooms. During the weeklongvisit the local and
eventually state government had to deliver abroad variety of
services they were unprepared for due to lack of notice. Cars
needed repair, people became ill, babies were born. The people
in that town were pushed to the breaking point. This is an
extreme example but unfortunately not an isolated incident.
Hells Angels have been known to "take over" a National Forest for
an extended visit and terrorize adjacent communities. The impact
on the forest, as you might imagine, is tremendous. -While
individuals have the right to "free assembly" the National Forest
Service has a responsibility to preserve the forests and,land.
RECOMMENDATION:
I
Representatives from the Rainbow Family have requested a
meeting 'with me to pr~~ent their views on the regulation of
National Forests. Conversations I have had with representatives
of the National Forest, Service have indicated it would not be
appropriate for this meeting'to occur. Currently the rulemaking
process is underway and a formal Administration position has not
been established by OMB. Until that review is completed, we are
not at liberty to disclose the content of the proposed
regulations .since an Administration position has not been
determined. I am planning to inform the Rainbow Family that I
will be unable to meet with them based on the reasons above. I
am certain they will not be satisfied with that answer. I
suspect they will begi~ calling the OMB staff to attempt to
influence their position. I will call OMB and let them know what
they can expect with regard to this group. In the interim, I
have drafted the attached letter to respond to the several pieces
of correspondence that'have collected on this subject.
Let me know if you feel I need to take other steps.
�February 18, 1993
Oearxxxxxxxxxxxxxx,
I have received and reviewed your correspondence regarding
the promulgation of Federal Regulations regarding the use of
National Forests by group for non-commercial use. The Department
of Agriculture has completed "draft" regualtions covering the
potential use of National Forests for group gatherings. Those
"draft" regulations are currently under review by the Office of
Manage and Budget(OMS)~ Once OMS has reviewed and commented on
the "draft" regulations they .will be returned to the Department
of Agriculture and published for public comment in the Federal
Register. The Department of Agriculture has set a 90 day period
for public comment. A~ the end of the comment period, after
consideration has been·given to the comments received, final
regulations will be publish~d.
The Department of;Agriculture has moved forward with this
regulatory process during this time so a decision can be made
regarding the need for regulations before the "season" for
National Park use begins.
Thank you for your concerns and patience as the Department
of Agriculture works to comply with their Congressional mandate
to protect and preserve the National Forests environmentally
while maintaining a system that preserves individual rights
to access public lands.
Sincerely,
Kathryn Way
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Carol Rasco - Correspondence Series
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Carol Rasco
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36304" target="_blank">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763319" target="_blank">National Archives Catalog Description</a>
Identifier
An unambiguous reference to the resource within a given context
2010-0198-S
Description
An account of the resource
The Carol Rasco Correspondence Series includes communications dealing with topics such as health care, welfare reform, housing, employment, persons with disabilities, immigrant benefits, education, women and children, and senior citizens. The records include memos, letters, greeting cards, petitions, recommendations, forms, resumes, applications, and weekly reports.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Extent
The size or duration of the resource.
164 folders in 19 boxes
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
[Memos and Reports] [9]
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Carol Rasco
Correspondence Series
Identifier
An unambiguous reference to the resource within a given context
2010-0198-S
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 164
<a href="http://clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2010-0198-S-Correspondence.pdf" target="_blank">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763319" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
Date Created
Date of creation of the resource.
1/15/2014
Source
A related resource from which the described resource is derived
2010-0198-Sd-memos-and-reports-9
7763319