-
https://clinton.presidentiallibraries.us/files/original/71aaef81e0b10b8f694343f7527a59db.pdf
0d6252b35ec8d3855400346e77cdcb8b
PDF Text
Text
NLWJC-KAGAN
EMAILS RECEIVED
ARMS - BOX 061- FOLDER-OIl
[06/11/1997 - 06/12/1997]
�ARMS Email System
Page 1 of 4
"
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Ellen S. Seidman ( CN=Ellen S. SeidmanjOU=OPDjO=EOP [ OPD 1 )
CREATION DATE/TIME:11-JUN-1997 18:56:59.00
SUBJECT:
meeeting and options
TO: Ingrid M. Schroeder ( CN=Ingrid M. SchroederjOU=OMBjO=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena KaganjOU=OPDjO=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: William P. Marshall ( CN=William P. Marshall/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Timothy J. Brennan ( CN=Timothy J. BrennanjOU=CEAjO=EOP @ EOP [ CEA 1 )
READ: UNKNOWN
TO: Peter G. Jacoby ( CN=Peter G. Jacoby/OU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Charles W. Burson ( CN=Charles W. BursonjO=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: Jeff Bromme ( Jeff Bromme @ 301-504-0121 @ fax [ UNKNOWN 1 )
READ: UNKNOWN
TO: John Dwyer ( John Dwyer @ 514-0238 @ fax [ UNKNOWN 1 )
READ: UNKNOWN
TO: Fran Allegra ( Fran Allegra @ 514-1724 @ fax [ UNKNOWN 1 )
READ: UNKNOWN
TO: Tom McGivern ( Tom McGivern @ 622-1188 @ fax [ UNKNOWN 1 )
READ: UNKNOWN
TO: Donald Remy ( Donald Remy @ 514-8071 @ fax [ UNKNOWN 1 )
READ: UNKNOWN
TO: John E. Thompson ( CN=John E. ThompsonjOU=OMBjO=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Ellen S. Seidman ( CN=Ellen S. SeidmanjOU=OPDjO=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Bruce R. Lindsey ( CN=Bruce R. Lindsey/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Steven D. Aitken ( CN=Steven D. AitkenjOU=OMBjO=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Tracey E. Thornton ( CN=Tracey E. ThorntonjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Lisa M. Brown ( CN=Lisa M. Brown/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: John Spotila ( John Spotila @ 205-6096 @ fax [ UNKNOWN 1 )
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1I
READ: UNKNOWN
TO: Jeffrey Hunker
READ: UNKNOWN
Jeffrey Hunker @ 482-4636 @ fax [ UNKNOWN I )
TO: Pam Gilbert ( Pam Gilbert @ 301-504-0121 @ fax [ UNKNOWN I )
READ: UNKNOWN
TO: Ron Matzner ( Ron Matzner @ 205-6846 @ fax [ UNKNOWN I )
READ: UNKNOWN
TO: Ed Murphy ( Ed Murphy @ 622-1294 @ fax [ UNKNOWN I )
READ: UNKNOWN
TO: Andrew Pincus ( Andrew Pincus @ 482-0042 @ fax [ UNKNOWN I )
READ: UNKNOWN
CC: Gene B. Sperling ( CN=Gene B. Sperling/OU=OPO/O=EOP @ EOP [ OPO I
READ: UNKNOWN
)
CC: Russell W. Horwitz ( CN=Russell W. Horwitz/OU=OPO/O=EOP @ EOP [ OPO I
READ: UNKNOWN
CC: Ellen S. Seidman ( CN=Ellen S. Seidman/OU=OPO/O=EOP @ EOP [ OPO I
READ: UNKNOWN
)
)
TEXT:
The next meeting will be from 2:30 to 3:30 on Friday, in room 231.
Everyone will be cleared in. Topics are: (i) negligent entrustment; (ii)
small business exceptions; (iii) misuse and alteration; (iv) workers
compo We'll move quickly.
What follows are the options currently extant.
Please be careful.
Joint and several
Proposal 1 - Reallocation
DD
Joint and several if the plaintiff is fault-free
DD
If the plaintiff is at all at fault, liability is
several, but if the plaintiff cannot collect from one or more defendant
after a specified period of time
the plaintiff can petition the court for
reallocation of damages not attributable to the plaintiff among the
remaining defendants, but no defendant less at fault than the plaintiff.
may be charged with more than twice his proportionate share of damages
DD
This would be two-way preemptive
Proposal 2A - Guaranteed recovery, two-way preemption
DD
Joint and several liability of any defendant is than 30%
at fault (taking into account the fault of the plaintiff and settling
defendants)
DD
If any defendant is less than 30% at fault, that
defendantD,s responsibility would be limited to a maximum of twice the
defendantD,s proportionate share of non-economic damages except where a
greater multiplier was needed to ensure the plaintiff recovery of at least
50% of the assessed non-economic damages.
Proposal 2B - Guaranteed recovery, one-way preemption
DD
Joint and several liability of any defendant is than 10%
at fault (taking into account the fault of the plaintiff and settling
defendants)
DD
If any defendant is less than 10% at fault, that
defendantD,s responsibility would be limited to a maximum of twice the
defendantD,s proportionate share of non-economic damages except where a
�ARMS Email System
.,
greater multiplier was needed to ensure the plaintiff recovery of at least
60% of the assessed non-economic damages.
Punitive damages
Proposal 1 - Procedural changes only
00
Support the provisions in S.648 providing for uniform
federal standards of clear and convincing evidence and the right to
request bifurcation.
00
Support a uniform federal liability standard for
punitive damages that would not include recklessness, but (i) would not
require that the conduct that is the subject of the punitive damages is
the O&proximate cause08 of the plaintiff D,s harm and (ii) would explicitly
permit circumstantial evidence of intent or malice.
00
This would be two-way preemption, except that it would
not require states that currently do not allow punitive damages in
products cases to allow such awards
.
Proposal 2 - Personal cap plus allocation of remaining punitive damages to
state
00
Authorize the jury to impose punitive damages without
any cap
00
Vest the plaintiff in a 25% share of the total punitive
damages, which amount will be assumed to include attorneyO,s fees (i.e.,
no additional attorneyO,s fees will be payable out of the punitive award)
00
The remainder of the award would be payable to the state
whose substantive law applies to the determination of punitive damages.
00
States would be forbidden to intervene in the
prodeedings at any stage.
00
Combine this with the procedural reforms outlined in
Proposal 1
00
This would be two-way preemptive except (i) it would not
require states that do not allow punitive damages in products cases to
allow such awards and (ii) states would explicitly be allowed to opt out
of the allocation to the state, in which case prior state law with respect
to caps and allocation would apply
Proposal 3 - Advisory jury opinion with judicial determination
00
The jury would render a solely advisory opinion on
punitive damages
00
The actual deterimination of punitive damages would be
made by the judge
00
The judge would be required to consider the factors in
S.648, and would be required to explain why the judgeD,s award differs
(either higher or lower) from the juryO,s advice
00
Combine with procedural changes from proposal 1
Proposal 4 - Cap with easier breakthrough
00
Cap punitive damages at the greater of $250,000 or twice
compensatories (the lesser of the two for small businesses)
do
Do not tell the jury of the cap
00
Allow the judge to award punitive damages above the cap
without an additional proceeding and on a simple finding that the capped
amount is O&insufficient to punish or deter,08 the standard in S.648, with
no consideration of specified factors
00
Insist that there be no legislative history suggesting
this authority is to be used any more sparingly than implied by the
statutory standard
00
Couple this with the procedural changes described in
proposal 1
00
This would be two-way preemptive, except with respect to
states that do not allow punitives in products cases at all
Statute of repose
Page 3 of4
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l.
00
Two-way preemption of state law (as in S.648)
00
18 year statute of repose (as in S.648)
00
Which a plaintiff may overcome by clear and convincing
evidence that the product had a longer useful safe life (not included in
S.648, and responsive to the victim of the hay-baler accident cited in the
veto message and to accidents involving products clearly intended to be
longer-lived, such as elevators)
00
Covering only durable goods in the workplace (narrower
than S.648, retaining plaintiff rights concerning consumer goods in states
without any statute of repose and responding to your concern about
handguns)
00
With further exceptions for toxic substances, vehicles
used in transportation for hire, and express warranties (as in S.648)
00
And with a provision that extends the statute to allow
full benefit of the two-year statute of limitations after injury or
discovery of harm in, for example, year 17 (not in S.648, but not expected
to be a problem)
Page 4 of4
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Page 1 of2
.RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Cathy R. Mays ( CN=Cathy R. Mays/OU=OPD/O=EOP [ OPD 1 )
CREATION DATE/TIME:11-JUN-1997 18:57:02.00
SUBJECT:
Weekly Strategy Meeting
TO: Michael Waldman ( CN=Michael Waldman/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Donald H. Gips ( CN=Donald H. Gips/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: Maria Echaveste ( CN=Maria Echaveste/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Nancy A. Min ( CN=Nancy A. Min/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Jennifer L. Klein ( CN=Jennifer L. Klein/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Gene B. Sperling ( CN=Gene B. Sperling/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Karen E. Skelton ( CN=Karen E. Skelton/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Barbara D. Woolley ( CN=Barbara D. Woolley/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Emily Bromberg ( CN=Emily Bromberg/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Christopher C. Jennings ( CN=Christopher C. Jennings/OU=OPD/O=EOP @ EOP [ OPD 1
READ: UNKNOWN
TO: Rahm I. Emanuel ( CN=Rahm I. Emanuel/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Laura K. Capps ( CN=Laura K. Capps/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Toby Donenfeld ( CN=Toby Donenfeld/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
CC: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Marjorie Tarmey ( CN=Marjorie Tarmey/OU=WHO/O=EOP @ EOP [ WHO 1 ).
READ: UNKNOWN
CC: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Angelique Pirozzi
( CN=Angelique Pirozzi/OU=WHO/O=EOP @ EOP [ WHO 1 )
�ARMS Email System
READ: UNKNOWN
CC: Lisa J. Levin ( CN=Lisa J. Levin/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Sarah A. Bianchi ( CN=Sarah A. Bianchi/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: Suzanne Dale ( CN=Suzanne Dale/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Melissa Green ( CN=Melissa Green/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
We will be having the weekly Health Care Strategy Meeting tomorrow, June
12, at 4:00 p.m. in Bruce Reed's office, 2 FL/WW.
Page 2 0[2
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RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Patricia F. Lewis ( CN=Patricia F. Lewis/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:11-JUN-1997 12:36:05.00
SUBJECT:
Pre-brief for today's race interviews
TO: Dawn M. Chirwa ( CN=Dawn M. Chirwa/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
CC: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
The pre-brief for the Frisby and Trotter Group interviews will be 3:50
p.m. Please let me know whether you'll be able to attend.
�.
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Page 1 of 3
,
\
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Paul J. weinstein Jr.
( CN;Paul J. weinstein Jr./OU;OPD/O;EOP [ OPD ] )
CREATION DATE/TIME:11-JUN-1997 18:56:35.00
SUBJECT:
CDFI Update
TO: Ellen S. Seidman ( CN;Ellen S. Seidman/OU;OPD/O;EOP @ EOP [ OPD ] )
READ: UNKNOWN
TO: Elena Kagan ( CN;Elena Kagan/OU;OPD/O;EOP [ OPD ] )
READ: UNKNOWN
TO: Bruce N. Reed ( CN;Bruce N. Reed/OU;OPD/O;EOP [ OPD ] )
READ: UNKNOWN
TO: Russell W. Horwitz ( CN;Russell W. Horwitz/OU;OPD/O;EOP @ EOP [ OPD ] )
READ: UNKNOWN
TO: Bob J. Nash ( CN;Bob J. Nash/OU;WHO/O;EOP @ EOP [ WHO
READ: UNKNOWN
TO: MAZUR_M ( MAZUR M
READ: UNKNOWN
@
Al
@
CD
@
LNGTWY [ UNKNOWN]
)
(WHO)
TO: Gene B. Sperling ( CN;Gene B. Sperling/OU;OPD/O;EOP @ EOP [ OPD ] )
READ: UNKNOWN
TEXT:
;;;;;;;;;;;;;;;;;;;; ATTACHMENT
1 ;;;;;;;;;;;;;;;;;;;;
ATT CREATION TIME/DATE:
0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D47]MAIL40409226Z.116 to ASCII,
The following is a HEX DUMP:
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04000000000000000000000000C504000000000000000000000000C50400000000000000000000
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000F00000019050000009843006I006E006F006E0020004C00420050002D003400200050006COO
750073000000000000000000000000000000000000000000000000000000000000000000000000
0000000000000057494E53504F4F4COOOOOOOOOOE001900IC80090019001C800E0019001300000
000000000000000000000000000000000000000000000000000000000000000000000000000000
�June 11, 1997
Aufomaled Records Management System
Hex-Dump Conversion
MEMORANDUM FOR BRUCE REED
GENE SPERLING
Paul Weinstein
FROM
SUBJECT:
Update on Community Development Financial Institutions
(CDFI) Fund
The following memorandum describes the current state of operations at the CDFI Fund_
Completion of the First Round
As you may be aware, the CDFI Fund has experienced some difficulties in finalizing grant
agreements between recipients of first round awards and the Fund. I have been in regular contact
with the Treasury Department about the importance of improving this process. I am pleased to
report there has been some modest improvement. As of today, about two-thirds of the CDFI
grantees have begun to draw down on the first round money. The CDFI Fund is planning on
closing the rest of the agreements with CDFI grantees by the time the House and Senate
Appropriations Committee begin their markup at the end of this month.
Second round applications are currently in circulation. All applications for the second
round are due by June 20th. Treasury has taken several steps to insure that the mistakes and
delays experienced in the first round are not repeated. This includes hiring additional people at the
Fund and putting into effect controls to regularize the process.
New Initiatives Associated with the CDFI Fund
Michael Barr is leading an effort at Treasury to develop new projects for the CDFI Fund.
The Department is looking into three areas. 1) Securitization. The agency is very interested in the
development of a secondary market for CDFI lending. Treasury is working closely with the
Commerce Department on a pilot program to fund intermediaries such as the Minnesota
Community Reinvention Corporation. They are also looking at government-wide regulations that
discourage CDFI securitization and are implementing an education program on secondary markets.
2) Welfare-to-Work. Treasury is also developing ideas to encourage CDFls to invest in
individuals mOving from welfare-to-work. 3) Un-banked. The Department is reviewing proposals
to leverage the Bank Enterprise Act awards to increase financial service availability to the
un-banked.
cc:
Elena Kagan
Ellen Seidman
Mark Mazur
Jose Cerda
Bob Nash
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Page I of I
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Emily Bromberg ( CN=Emily Bromberg/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:11-JUN-1997 15:44:44.00
SUBJECT:
mayors
TO: Elena Kagan
READ: UNKNOWN
CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
as you know, potus would like to talk about urban policy when he speaks
to the mayors on 6/23. bruce-- i think you were in the scheduling meeting
with the president, so you may know more than me but reports are that he
wants some policy announcements if possible--more than the cops in housing
stuff. are you working on something--or is gene? should we get together to
talk about it?
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP [ WHO I )
CREATION DATE/TIME: 11-JUN-1997 10:45:58.00
SUBJECT:
TO: ELENA (Pager) #KAGAN ( ELENA (Pager) #KAGAN [ UNKNOWN I )
READ: UNKNOWN
TEXT:
CallI Sylvia at 61960 asap
�Page 1 of2
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,'.
-",
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP [ OPD 1 )
CREATION DATE/TIME:11-JUN-1997 18:56:54.00
SUBJECT:
scheduling update
TO: Jennifer L. Klein ( CN=Jennifer L. Klein/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: William R. Kincaid ( CN=william R. Kincaid/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Elizabeth Drye ( CN=Elizabeth Drye/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Jonathan Prince ( CN=Jonathan Prince/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Christopher C. Jennings ( CN=Christopher C. Jennings/OU=OPD/O=EOP @ EOP [ OPD 1
READ: UNKNOWN
TO: Diana Fortuna ( CN=Diana Fortuna/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Thomas L. Freedman ( CN=Thomas L. Freedman/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Cathy R. Mays ( CN=Cathy R. Mays/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD 1
READ: UNKNOWN
TO: Nicole R. Rabner ( CN=Nicole R. Rabner/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Michael Cohen ( CN=Michael Cohen/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Eric P. Goosby ( CN=Eric P. Goosby/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Sarah A. Bianchi ( CN=Sarah A. Bianchi/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Cynthia A. Rice ( CN=cynthia A. Rice/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: WEINSTEIN P
WEINSTEIN P @ A1 @ CD @ LNGTWY [ UNKNOWN 1 ) (OPD)
�ARMS Email System
READ: UNKNOWN
TEXT:
6/12
6/13
6/14
6/17
6/18
Business Roundtable Annual Meeting
Tape Videos (Families, USA)
Tape Radio Address (race)
University California, San Diego Commencment
Title IX Event
Africa Trade Legislation Event
TV Rating Event (tentative)
(if not, perhaps a good day for the welfare legal immigrant
meeting)
6/19-22 Summit of the 8 Economic Conference
6/22
PRESS CONFERENCE (evening)
6/23
US Conference of Mayors, San Francisco - HUD Officer Next Door
Potential Kaiser or Lulac event in L.A ..
Annual Family Conference, TN
6/25
Speech to UN Special Session on the Environment, NY
6/26
Alternate possibility for Kaiser Satellite
6/27
Tape Radio Address on Free TV Commission
6/30
Boston Standards Event
7/2
Baseball Education PSAs - Camden Yards (likely)
7/4-14 Foreign Travel
7/25
National Association of Elementary Schools Principals
(tentative)
Page 2 of2
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Page I of2
"\
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Collin Brown III ( CN=Collin Brown III/OU=OMB/O=EOP [ OMB 1 )
. CREATION DATE/TIME:11-JUN-1997 11:30:12.00
SUBJECT:
HHS letter on H.R. 1818
TO: Elizabeth Drye ( CN=Elizabeth Drye/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Cynthia A. Rice ( CN=Cynthia A. Rice/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: James Boden ( CN=James Boden/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Wendy A. Taylor ( CN=Wendy A. Taylor/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: David J. Haun ( CN=David J. Haun/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Peter G. Jacoby ( CN=Peter G. Jacoby/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Mary I. Cassell ( CN=Mary I. Cassell/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Julie L. Haas ( CN=Julie L. Haas/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Kenneth L. Schwartz ( CN=Kenneth L. Schwartz/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: Melinda D. Haskins ( CN=Melinda D. Haskins/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: Janet R. Forsgren ( CN=Janet R. Forsgren/OU=OMB/O=EOP [ OMB 1 )
READ: UNKNOWN
CC: James J. Jukes ( CN=James J. Jukes/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: James C. Murr ( CN=James C. Murr/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: Ronald E. Jones ( CN=Ronald E. Jones/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TEXT:
�j
ARMS Email System
,
Yesterday, you should have received a draft HHS letter on H.R. 1818, the
Juvenile Crime Control and Delinquency Prevention Act of 1997. The letter
voiced HHS' support for Title II of the bill. Title II would re-authorize
and amend the Runaway and Homeless Youth Act (see LRM MDH90) .
Collin
Page 2 of2
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 6
(NOTES MAIL)
CREATOR: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP [ OPD ] )
CREATION DATE/TIME:11-JUN-1997 00:15:21.00
SUBJECT:
Juvie Q's/A's
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
TO: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP @ EOP [ WHO]
READ: UNKNOWN
)
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
CC: Leanne A. Shimabukuro ( CN=Leanne A. Shirnabukuro/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
CC: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
TEXT:
Please review, and I'll send final to Barry/Press in the a.m. before the
event.
Jose .. ==================== ATTACHMENT
ATT CREATION TIME/DATE:
0 00:00:00.00
1 ====================
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D28]MAIL42091016V.116 to ASCII,
The following is a HEX DUMP:
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�JUVENILE HANDGUN DIRECTIVE
JUNE 11, 1997
Automated Records Managel'!'ent System
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Q:
What is the directive that the President signed today?
A:
Today, the President signed a directive to ensure that the Treasury
Deportment do everything possible to enforce the Youth Handgun Safety
Act -- including requiring that federal gun dealers post signs and issue
written warnings that:
(1) Make clear that it is generally illegal for any adult to transfer a
handgun to a minor (under 18), or for that minor to possess that
handgun, period;
(2) Make clear that transferring a handgun to a minor may be
punishable by up to 10 years imprisonment;
(3) Warn that handguns are a leading contributor to juvenile
violence and fatalities; and
(4) Suggest that safely storing and locking handguns can help
ensure compliance with this law.
Q:
What is the impact of this directive?
it augment -- current law?
How is it any different -- or how does
A:
This directive will require, for the first time ever, that federal firearms
dealers (FFLs) post signs and issue written warnings about the responsibility
that gun purchasers have under current law to not transfer a handgun to
juveniles -- as well as about the dangers that handguns pose to kids
generally. That's an important change for two reasons.
First, for almost every gun that gets into a juvenile's hands, an adult had
the opportunity -- in fact, the legal responsibility -- to stop that transfer from
taking place. Today's directive puts adult gun purchasers on notice
about this responsibility -- and warns them about the legal sanctions that
may apply if this responsibility is ignored.
Second, the mix of kids and guns is at the heart of the nation's youth
violence epidemic. Since the mid 1980s, the number of kids killing with a
gun has quadrupled; the number of kids killed by guns has nearly tripled;
and teenage boys today are more likely to die of gunshot wounds than all
natural causes combined. Still, we do more to warn Americans about
�Automated Records Management System
Hex-Dump Conversion
the dangers of most household products than we do about the dangers
that guns pose to our children. Today's directive represents an effort to
correct this imbalance.
Q:
Can you please clarify under what authority you're taking this action?
A:
The authority for this directive is fwo-fold:
(1) 18 U.S.C. Sec. 926(a) generally provides that the Secretary of the
Treasury may proscribe certain rules and regulations to carry out the
provisions of the 1968 Gun Control Act as amended; and
(2) 18 U.S.C. Sec. 922(x)( 1) -- or the Youth Handgun Safety Act,
which was included by Senator Kohl as an amendment to the 1994
crime bill -- prohibits, in most circumstances, juveniles from
possessing handguns, and adults from transferring handguns to
juveniles.
Our directive finds that additional warnings are necessary to fully carry out
the prohibitions of the Youth Handgun Safety Act, and calls for signs to be
posted and written warnings issued to help ensure compliance with the
law.
Q:
What punishments are provided for in the Youth Handgun Safety Act?
A:
Juveniles who violate the ban on handgun possession are subject to
mandatory probation. Adults who violate the prohibition on transferring
handguns to juveniles are punishable by a prison term of 1 to 10 years,
depending on the circumstances. Additionally, the Administration has
called for increasing both of these penalties in its juvenile crime legislation.
Q:
Have you successfully prosecuted anyone under the Youth Handgun
Safety Act? Do you know how many persons have been prosecuted
overall?
A:
No, I don't have a number on the total prosecutions. But I do have an
example. I know that the U.S. Attorney's Office in Tennessee successfully
prosecuted an illegal gun dealer who -- among other illegal firearms
activities -- sold a pistol to a 13-year old. He's been sentenced to 33
months in prison.
Q:
Do you think that this directive will really help keep handguns from
juveniles? Shouldn't your directive do more than simply call for signs and
warnings?
�Automated Records Management System
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, .
A:
Of course, we believe that this directive is meaningful and will have
impact. And it certainly makes as much sense to warn gun purchasers
about their legal responsibilities and the dangers of handguns as it does
for the many other products that are sold with similar warnings.
At the same time, there is only so much we can under existing law to keep
guns out of the hands of juveniles. That's why our juvenile crime bill
includes 3 key gun provisions: it increases penalties for transferring guns to
juveniles; it prohibits violent juveniles from ever owning guns; and it
requires that federal gun dealers provide child safety locks with every gun
sold. With these additional changes in law, we will be able to do even
more to keep guns away from our kids.
Q:
If you're going to issue warnings about guns, why don't you just regulate
them like other products through the Consumer Products Safety
Commission?
A:
First of all, today's directive does more than simply warn gun purchasers
about the dangers of handguns; It makes clear to gun purchasers that
they have responsibilities -- and that transferring a handgun to a juvenile is
a crime punishable by as much as 10 years imprisonment.
Second, the Consumer Products Safety Commission does not include
firearms. It is expressly prohibited from getting into matters concerning
the manufacture and sale of firearms and firearms ammunition. So we
simply don't have this authority.
Q.
What is the Administration's position on the various Republican proposals
to combat juvenile crime?
A.
First of all, we are opposed to H.R. 3, the bill that passed the House. It
does not come close to representing a comprehensive attack gangs and
guns. It doesn't guarantee that Boston's successful juvenile crime
initiative -- Operations Cease-fire and Nite Lite -- can be replicated. It
doesn't include any provisions relating to kids and guns. And it does not
specifically address the high number of crime committed by juveniles
when school goes out.
We're hopeful that the Senate will work with us to address these issues.
The Senate Judiciary Committee is scheduled to consider legislation this
Thursday, and we are communicating our concerns to them now. We
will have to wait and see how the mark-up in that committee goes before
we know whether or not we'll be able to support a Senate bill.
�Automated Records Mar.a~~i11€nt System
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Q.
What does the Administration's juvenile justice proposal do?
A.
The legislation proposed by the President in February is part of an overall
Anti-Gang and Youth Violence Strategy that seeks to crack down on
violent gangs, reduce youth violence, and provide our kids with positive
alternatives to steer them away from gangs, guns, and drugs.
The strategy provides critical resources for state and local prosecutors to
target, prosecute and convict violent youth gangs. It permits Federal
prosecutors to prosecute juveniles in adult court when they commit violent
crimes. It requires child safety locks for guns to prevent accidents and
thefts, and extends the Brady Law so that violent juveniles can never own
a gun. Finally, the Strategy also calls for at least 1,000 after school
initiatives to keep kids off the streets and give them positive alternatives.
Juvenile crime legislation passed by Congress must address these key
issues, too.
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Robin Leeds ( CN=Robin Leeds/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:ll-JUN-1997 14:23:32.00
SUBJECT:
Title 9 policy developments
I'm still trying to connect with you to find out where we are on the policy piece. C
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Jennifer L. Klein ( CN=Jennifer L. Klein/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
CC: Sondra L. Seba ( CN=Sondra L. Seba/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Marjorie Tarmey ( CN=Marjorie Tarmey/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Cheryl M. Carter ( CN=Cheryl M. Carter/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Maria Echaveste ( CN=Maria Echaveste/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
�Page I of5
ARMS Email System
;, -,
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Cynthia A. Rice ( CN=Cynthia A. Rice/OU=OPD/O=EOP [ OPD ) )
CREATION DATE/TIME:11-JUN-1997 14:34:16.00
SUBJECT:
Elena --please review these talkers
TO: Diana Fortuna ( CN=Diana Fortuna/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
CC: Diana Fortuna ( CN=Diana Fortuna/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
CC: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO)
READ: UNKNOWN
)
CC: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TEXT:
I think Ken's right that the WH/OMB staff working on food stamps (Martha
Foley and Lisa Kountoupes) could use these talking points.
please review
the attached -- the first page is what we prepared for Erskine with a new
bullet at the end. The second page is new.
Since the House Ag markup is
expected to be tomorrow, I'd like to distribute these by COB today.
Thanks.
---------------------- Forwarded by Cynthia A. Rice/OPD/EOP on 06/11/97
01:56 PM --------------------------From:
Kenneth S. Apfel on 06/11/97 01:21:19 PM
Record Type:
Record
To:
Cynthia A. Rice/OPD/EOP
cc:
Subject:
Re: Opposing welfare privatization in House Ag Cmte SAP
We'll add this to the letter.
Also, would it be possible for dpc to do
up a few talkers on why we oppose the stenholm amendment? Martha, Lisa
and others who have not been involved with this issue need something to
talk from.
==================== ATTACHMENT
1 ====================
ATT CREATION TIME/DATE:
0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D87)MAIL403235166.116 to ASCII,
The following is a HEX DUMP:
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DF3C5CB8396893F32B4DD25F4821E3367CBC130FD088A1AD1F2F7DEA5843B072E081C1F06FB512
3319BC3E087307AA8ECF532F7A0641B6AF446860436AC749DB3073587228A54E1B88EC33E64E56
B38EE5AAE99137E6AED3380F1C1E1394FF4F04C034700137A3ACCB1FB69BAFA04722947EF547F5
72319B8FOC574101E911311655FBAEF35DB6930B6730D29D2ED9AAF1034C943987A7A22FFODDB3
53BA1DE3316AB26F6E38C5AE65D8A95C89FD8EFA741C84E44A7D56424D559724COD737E81E8249
�,,0
..
~
Automated Records Manage~ent System
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INTERNAL USE ONLY
Food Stamp Privatization
6/11/97
Talking Points
•
The welfare refonn bill passed by the Congress and signed by the President allowed states
to privatize their cash assistance programs, but did not change the law for Medicaid or
food stamps.
•
The President believes states need flexibility to make welfare what it was meant to be: a
second chance, not a way of life, a system that helps people draw a paycheck instead of a
welfare check. That's why he signed the welfare refonn law last year in the face of much
opposition from many in his party.
•
We're concerned that allowing a state to privatize Medicaid and food stamp operations
will not be in the best interests of program beneficiaries.
•
Current Medicaid and food stamp law makes clear that eligibility detennination must be
perfonned by impartial, merit-based public employees.
•
We offered the state of Texas the chance to conduct a sub-state demonstration of
privatization, but the state declined.
•
The letter we sent Texas in May allows the state to proceed with contracting out for a
statewide computer system to do integrated enrollment. The state is also free to privatize
its welfare (i.e., T ANF) operations.
•
Now, amendments may be offered in the House that would allow states to either
completely privatize welfare operations [likely GOP amendment] or to partially privatize
food stamp operations [likely Stenholm amendment]. We oppose these amendments for
the same reason that we opposed the original Texas proposal -- we are concerned about
the effects these proposals may have on program beneficiaries.
- 1-
�Automated Records Management System
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Comparison of the Stenholm Amendment with the original Texas Proposal
Congressman Stenholm's amendment would not go as far as the original Texas proposal.
The state of Texas wanted to create a state-wide system of offices, run by a private contractor,
where residents would apply for Medicaid, food stamps, welfare, and other public assistance.
The exact nature of this system would depend on the terms of the agreement between Texas and
the contractor, but could include having private employees making the determination of
eligibility and gathering information used in such eligibility determinations.
On May 13th, HHS sent guidance to the state of Texas which said that in the food stamps
and Medicaid programs:
•
A non-public employee may not take actions involving discretion or value
judgments, including all elements of the benefit eligibility determination process
that relate to the evaluation of information provided by an applicant or which
bears on the eligibility decision.
•
In an integrated enrollment system, most if not all activities involving personal
contact with an applicant or recipient, including data entry during an interactive
discussion with the applicant, have the potential to involve the use of discretion or
judgment and must be performed by state merit system employees.
Stenholm's plan would allow Texas to use private contractors to obtain information from
applicants and assist them in completing their applications for benefits. However, the
determination of eligibility would be conducted by public sector employees.
Allows Private Contractors to:
Obtain Information from
Individuals used in
Determining
Eligibility
Determine Eligibility
Texas
Proposal
Stenholm
Proposal
Administration
Position
Yes
Yes
No
Yes
No
No
Stenholm's proposal also provides for approval of any contract by the Secretary of Agriculture
and the state legislature, which was not part of the state of Texas' proposal.
-2-
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP [ OPD 1 )
CREATION DATE/TIME: 11-JUN-1997 13:37:01.00
SUBJECT:
collective bargaining
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
Hate to stomp on a great crime speech, but I think should give some
update to the FOP on the collective bargaining issue. Jim Pasco, FOP,
spoke with Ray Kelly at today's event 'who was more encouraging than usual
on the issue, and this could be a good time to talk to Treasury. Also,
now that there is a new Director of the Secret Service, Lew Merletti,
there is a reason to bring this up now.
Pasco is close to Merletti.
�Page 1 of2
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,
....
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Nicole Elkon ( CN=Nicole Elkon/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:11-JUN-1997 13:20:29.00
SUBJECT:
FYI - UCSD Thurgood Marshal College Provost Resigned
TO: Joseph P. Lockhart ( CN=Joseph P. Lockhart/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Maria Echaveste ( CN=Maria Echaveste/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Robert B. Johnson ( CN=Robert B. Johnson/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Minyon Moore ( CN=Minyon Moore/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Bob J. Nash ( CN=Bob J. Nash/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Julie E. Mason ( CN=Julie E. Mason/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Lynn G. Cutler ( CN=Lynn G. Cutler/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Ann F. Lewis ( CN=Ann F. Lewis/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Ann F. Walker ( CN=Ann F. Walker/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Sylvia M. Mathews ( CN=Sylvia M. Mathews/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Andrew J. Mayock ( CN=Andrew J. Mayock/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Angus S. King ( CN=Angus S. King/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
FYI
The advance team in San Diego has made me aware of the fact that the
Provost of the Thurgood Marshal College, Cecil Lytle, resigned (effective
immediately) late last night due to a University decision to reject the
idea of having a charter high school on campus.
To quote the Union Tribune article, "Lytle said it is important to see the
charter proposal in the context of the UC Board of Regents 1995 decision
to end affirmative action in the undergraduate admissions, effective next
spring. "
�.
ARMS Email System
I
~.
I am forwarding the Union Tribune article to you all asap.
Further - Ward Connolly has decided to attend the UCSD commencement
exercises.
Due to his high position in the University system he will be
speaking at the commencement and attending the lunch.
Page 2 of2
�Page 1 of2
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h
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Collin Brown III ( CN=Collin Brown III/OU=OMB/O=EOP [ OMB 1 )
CREATION DATE/TIME:11-JUN-1997 11:40:30.00
SUBJECT:
Addendum to Attached Message on HHS letter on H.R. 1818: Comments Due Noon
TO: Elizabeth Drye ( CN=Elizabeth Drye/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP
READ: UNKNOWN
@
EOP [ OPD 1, )
TO: Cynthia A. Rice ( CN=Cynthia A. Rice/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: James Boden ( CN=James Boden/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Wendy A. Taylor ( CN=Wendy A. Taylor/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: David J. Haun ( CN=David J. Haun/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Peter G. Jacoby ( CN=Peter G. Jacoby/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Mary I. Cassell ( CN=Mary I. Cassell/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Julie L. Haas ( CN=Julie L. Haas/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Kenneth L. Schwartz ( CN=Kenneth L. Schwartz/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: Ronald E. Jones ( CN=Ronald E. Jones/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: Janet R. Forsgren ( CN=Janet R. Forsgren/OU=OMB/O=EOP [ OMB 1 )
READ: UNKNOWN
CC: Melinda D. Haskins ( CN=Melinda D. Haskins/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: James J. Jukes ( CN=James J. Jukes/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: James C. Murr ( CN=James C. Murr/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TEXT:
�ARMS Email System
...
HHS has asked for OMB clearance to transmit its letter on Title II of H.R.
1818 by 1pm today.
For this reason, if we do not receive comments from
you by noon today (6/11/97), we will assume that you have no objection.
---------------------- Forwarded by Collin Brown III/OMB/EOP on 06/11/97
11:30 AM ---------------------------
Collin Brown III
06/11/97 11:29:44 AM
Record Type:
Record
To:
See the distribution list at the bottom of this message
cc:
See the distribution list at the bottom of this message
Subject:
HHS letter on H.R. 1818
Yesterday, you should have received a draft HHS letter on H.R. 1818, the
Juvenile Crime Control and Delinquency Prevention Act of 1997. The letter
voiced HHS' support for Title II of the bill. Title II would re-authorize
and amend the Runaway and Homeless Youth Act (see LRM MDH90) .
Collin
Message Sent
To:
Kenn--e~t~h~L-.~S~c~h-w-a-r-t~z-/~O~M~B~/=E=O=P---------------------------------------
David J. Haun/OMB/EOP
Julie L. Haas/OMB/EOP
Wendy A. Taylor/OMB/EOP
Mary I. Cassell/OMB/EOP
James Boden/OMB/EOP
Elena Kagan/OPD/EOP
Cynthia A. Rice/OPD/EOP
Jose Cerda III/OPD/EOP
Leanne A. Shimabukuro/OPD/EOP
Peter G. Jacoby/WHO/EOP
Elizabeth Drye/OPD/EOP
Message Copied
TO:~~--------~--~----------------------------------------------
Ronald E. Jones/OMB/EOP
James J. Jukes/OMB/EOP
Janet R. Forsgren/OMB/EOP
James C. Murr/OMB/EOP
Melinda D. Haskins/OMB/EOP
Page 2 of2
�ft.rRMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 6
(NOTES MAIL)
CREATOR: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP [ OPD ) )
CREATION DATE/TIME:11-JUN-1997 09:31:08.00
SUBJECT:
Back-Up Q's and A's for today's event.
TO: April K. Mellody ( CN=April K. Mellody/OU=WHO/O=EOP @ EOP [ WHO ) )
READ: UNKNOWN
TO: Barry J. Toiv ( CN=Barry J. Toiv/OU=WHO/O=EOP @ EOP [ WHO)
READ: UNKNOWN
)
TO: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TO: Jonathan Murchinson ( CN=Jonathan Murchinson/OU=WHO/O=EOP @ EOP [ WHO ) )
READ: UNKNOWN
TO: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TO: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP @ EOP [ WHO)
READ: UNKNOWN
TEXT:
Please forward as appropriate.
)
Call if you have any questions.
Jose'==================== ATTACHMENT
1 ====================
ATT CREATION TIME/DATE:
0 00:00:00.00
TEXT:
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Hex-Dump Conversion
JUVENILE HANDGUN DIRECTIVE
JUNE 11, 1997
Q:
What is the directive that the President signed today?
A:
Today, the President signed a directive fo ensure that the Treasury
Department do everything possible to enforce the Youth Handgun Safety
Act -- including requiring that federal gun dealers post signs and issue
written warnings that:
(1) Make clear that it is generally illegal for any adult to transfer a
handgun to a minor (under 18), or for that minor to possess that
handgun, period;
(2) Make clear that transferring a handgun to a minor may be
punishable by up to 10 years imprisonment;
(3) Warn that handguns are a leading contributor to juvenile
violence and fatalities; and
(4) State that safely storing and locking handguns will help ensure
compliance with this law.
Q:
What is the impact of this directive?
it augment -- current law?
How is it any different -- or how does
A:
This directive will require, for the first time ever, that federal firearms
dealers (FFLs) post signs and issue written warnings about the responsibility
that gun purchasers have under current law to not transfer a handgun to
juveniles -- as well as about the dangers that handguns pose to kids
generally. That's an important change for two reasons.
First, for almost every gun that gets into a juvenile's hands, an adult had
the opportunity -- in fact, the legal responsibility -- to stop that transfer from
taking place. Today's directive puts adult gun purchasers on notice
about this responsibility -- and warns them about the legal sanctions that
may apply if this responsibility is ignored.
Second, the mix of kids and guns is at the heart of the nation's youth
violence epidemic. Since the mid 1980s, the number of kids killing with a
gun has quadrupled; the number of kids killed by guns has nearly tripled;
and teenage boys today are more likely to die of gunshot wounds than all
natural causes combined. Still, we do more to warn Americans about
�Automated Records Management System
Hex-Dump Conversion
the dangers of most household products than we do about the dangers
that guns pose to our children. Today's directive represents an effort to
correct this imbalance.
Q:
Can you please clarify under what authority you're taking this action?
A:
The authority for this directive is two-fold:
(I) 18 U.S.C. Sec. 926(a} generally provides that the Secretary of the
Treasury may proscribe certain rules and regulations to carry out the
provisions of the 1968 Gun Control Act as amended; and
(2) 18 U.S.C. Sec. 922(x}( I} -- or the Youth Handgun Safety Act,
which was included by Senator Kohl as an amendment to the 1994
crime bill -- prohibits, in most circumstances, juveniles from
possessing handguns, and adults from transferring handguns to
juveniles.
Our directive finds that additional warnings are necessary to fully carry out
the prohibitions of the Youth Handgun Safety Act, and calls for signs to be
posted and written warnings issued to help ensure compliance with the
law.
Q:
What punishments are provided for in the Youth Handgun Safety Act?
A:
Juveniles who violate the ban on handgun possession are subject to
mandatory probation. Adults who violate the prohibition on transferring
handguns to juveniles are punishable by a prison term of 1 to 10 years,
depending on the circumstances. Additionally, the Administration has
called for increasing both of these penalties in its juvenile crime legislation.
Q:
Have you successfully prosecuted anyone under the Youth Handgun
Safety Act? Do you know how many persons have been prosecuted
overall?
A:
No, I don't have a number on the total prosecutions. But I do have an
example. I know that the U.S. Attorney's Office in Tennessee successfully
prosecuted an illegal gun dealer who -- among other illegal firearms
activities -- sold a pistol to a 13-year old. He's been sentenced to 33
months in prison.
Q:
Do you think that this directive will really help keep handguns from
juveniles? Shouldn't your directive do more than simply call for signs and
warnings?
�Automated Records Management System
Hex-Dump Conversion
A:
Of course, we believe that this directive is meaningful and will have
impact. And it certainly makes as much sense to warn gun purchasers
about their legal responsibilities and the dangers of handguns as it does
for the many other products that are sold with similar warnings.
At the same time, there is only so much we can do under existing law to
keep guns out of the hands of juveniles. That's why our juvenile crime bill
includes 3 key gun provisions: it increases penalties for transferring guns to
juveniles; it prohibits violent juveniles from ever owning guns; and it
requires that federal gun dealers provide child safety locks with every gun
sold. With these additional changes in law, we will be able to do even
more to keep guns away from our kids.
Q:
If you're going to issue warnings about guns, why don't you just regulate
them like other products through the Consumer Products Safety
Commission?
A:
First of all, today's directive does more than simply warn gun purchasers
about the dangers of handguns; It makes clear to gun purchasers that
they have responsibilities -- and that transferring a handgun to a juvenile is
a crime punishable by as much as 10 years imprisonment.
Second, the mandate of the Consumer Products Safety Commission does
not include firearms. The Commission is expressly prohibited from getting
into matters concerning the manufacture and sale of firearms and
firearms ammunition. So we simply don't have this authority.
Q_
What is the Administration's position on the various Republican proposals
to combat juvenile crime?
A.
First of all, we are opposed to H.R. 3, the bill that passed the House. It
does not come close to representing a comprehensive attack on gangs
and guns. It doesn't guarantee that Boston's successful juvenile crime
initiative -- Operations Cease-fire and Nite Lite -- can be replicated. It
doesn't include any provisions relating to kids and guns. And it does not
specifically address the high number of crimes committed by juveniles
when school goes out.
We're hopeful that the Senate will work with us to address these issues.
The Senate Judiciary Committee is scheduled to consider legislation this
Thursday, and we are communicating our concerns to them now. We
will have to wait and see how the mark-Up in that committee goes before
we know whether or not we'll be able to support a Senate bill.
�Automated Records Mam:gemcnt System
Hex·Dump Conversion
Q.
What does the Administration's juvenile justice proposal do?
A.
The legislation proposed by the President in February is part of an overall
Anti-Gang and Youth Violence Strategy that seeks to crack down on
violent gangs, reduce youth violence, and provide our kids with positive
alternatives to steer them away from gangs, guns, and drugs.
The strategy provides critical resources for state and local prosecutors to
target, prosecute and convict violent youth gangs. It permits Federal
prosecutors to prosecute juveniles in adult court when they commit violent
crimes. It requires child safety locks for guns to prevent accidents and
thefts, and extends the Brady Law so that violent juveniles can never own
a gun. Finally, the Strategy also calls for at least 1,000 after school
initiatives to keep kids off the streets and give them positive alternatives.
The Administration calls on Congress to pass juvenile crime legislation
addressing these key issues.
�JUVENILE HANDGUN DIRECTIVE
JUNE 11, 1997
Q:
What is the directive that the President signed today?
A:
Today, the President signed a directive to ensure that the Treasury
Department do everything possible to enforce the youth Handgun Safety
Act - including requiring that federal gun dealers post signs and issue
written warnings that:
(1) Make clear that it is generally illegal for any adult to transfer a
handgun to a minor (under 18), or for that minor to possess that
handgun, period;
(2) Make clear that transferring a handgun to a minor may be
punishable by up to 10 years imprisonment;
(3) Warn that handguns are a leading contributor to juvenile
violence and fatalities; and
(4) State that safely storing and locking handguns will help ensure
compliance with this law.
Q:
What is the impact of this directive?
it augment -- current law?
How is it any different -- or how does
A:
This directive will require, for the first time ever, that federal firearms
dealers (FFLs) post signs and issue written warnings about the responsibility
that gun purchasers have under current law to not transfer a handgun to
juveniles -- as well as about the dangers that handguns pose to kids
generally. That's an important change for two ·reasons.
First, for almost every gun that gets into a juvenile's hands, an adult had
the opportunity -- in fact, the legal responsibility -- to stop that transfer from
taking place. Today's directive puts adult gun purchasers on notice
about this responsibility -- and warns them about the legal sanctions that
may apply if this responsibility is ignored.
Second, the mix of kids and guns is at the heart of the nation's youth
violence epidemic. Since the mid 1980s, the number of kids killing with a
gun has quadrupled; the number of kids killed by guns has nearly tripled;
and teenage boys today are more likely to die of gunshot wounds than all
natural causes combined. Still, we do more to warn Americans about
�AUt0;.1~~2rl ~:,r~rds fVlanrgaJ!1enl Syslsm
~
i(;;i'I.. ~III,l COnV~iSIOn
the dangers of most household products than we do about the dangers
that guns pose to our children. Today's directive represents an effort to
correct this imbalance.
Q:
Can you please clarify under what authority you're taking this action?
A:
The authority for this directive is two-fold:
(1) 18 U.S.C. Sec. 926(a) generally provides that the Secretary of the
Treasury may proscribe certain rules and regulations to carry out the
provisions of the 1968 Gun Control Act as amended; and
(2) 18 U.S.C. Sec. 922(x)( 1) -- or the Youth Handgun Safety Act,
which was included by Senator Kohl as an amendment to the 1994
crime bill -- prohibits, in most circumstances, juveniles from
possessing handguns, and adults from transferring handguns to
juveniles.
Our directive finds that additional warnings are necessary to fully carry out
the prohibitions of the Youth Handgun Safety Act, and calls for signs to be
posted and written warnings issued to help ensure compliance with the
law.
Q:
What punishments are provided for in the Youth Handgun Safety Act?
A:
Juveniles who violate the ban on handgun possession are subject to
mandatory probation. Adults who violate the prohibition on transferring
handguns to juveniles are punishable by a prison term of 1 to 10 years,
depending on the circumstances. Additionally, the Administration has
called for increasing both of these penalties in its juvenile crime legislation.
Q:
Have you successfully prosecuted anyone under the Youth Handgun
Safety Act? Do you know how many persons have been prosecuted
overall?
A:
No, I don't have a number on the total prosecutions. But I do have an
example. I know that the U.S. Attorney's Office in Tennessee successfully
prosecuted an illegal gun dealer who -- among other illegal firearms
activities -- sold a pistol to a 13-year old. He's been sentenced to 33
months in prison.
Q:
Do you think that this directive will really help keep handguns from
juveniles? Shouldn't your directive do more than simply call for signs and
warnings?
�Automated Records Man8gzmenl Systom
Hex-Dump Conversion
A:
Of course, we believe that this directive is meaningful and will have
impact. And it certainly makes as much sense to warn gun purchasers
about their legal responsibilities and the dangers of handguns as it does
for the many other products that are sold with similar warnings.
At the same time, there is only so much we can do under existing law to
keep guns out of the hands of juveniles. That's why our juvenile crime bill
includes 3 key gun provisions: it increases penalties for transferring guns to
juveniles; it prohibits violent juveniles from ever owning guns; and it
requires that federal gun dealers provide child safety locks with every gun
sold. With these additional changes in law, we will be able to do even
more to keep guns away from our kids.
Q:
If you're going to issue warnings about guns, why don't you just regulate
them like other products through the Consumer Products Safety
Commission?
A:
First of all, today's directive does more than simply warn gun purchasers
about the dangers of handguns; It makes clear to gun purchasers that
they have responsibilities -- and that transferring a handgun to a juvenile is
a crime punishable by as much as 10 years imprisonment.
Second, the mandate of the Consumer Products Safety Commission does
not include firearms. The Commission is expressly prohibited from getting
into matters concerning the manufacture and sale of firearms and
firearms ammunition. So we simply don't have this authority.
Q.
What is the Administration's position on the various Republican proposals
to combat juvenile crime?
A.
First of all, we are opposed to H.R. 3, the bill that passed the House. It
does not come close to representing a comprehensive attack on gangs
and guns. It doesn't guarantee that Boston's successful juvenile crime
initiative -- Operations Cease-fire and Nite Lite -- can be replicated. It
doesn't include any provisions relating to kids and guns. And it does not
specifically address the high number of crimes committed by juveniles
when school goes out.
We're hopeful that the Senate will work with us to address these issues.
The Senate Judiciary Committee is scheduled to consider legislation this
Thursday, and we are communicating our concerns to them now. We
will have to wait and see how the mark-up in that committee goes before
we know whether or not we'll be able to support a Senate bill.
�·
.
Automated Records Management System
Hex-Dump Conversion
Q_
What does the Administration's juvenile justice proposal do?
A.
The legislation proposed by the President in February is part of an overall
Anti-Gang and Youth Violence Strategy that seeks to crack down on
violent gangs. reduce youth violence. and provide our kids with positive
alternatives to steer them away from gangs. guns. and drugs.
The strategy provides critical resources for state and local prosecutors to
target, prosecute and convict violent youth gangs. It permits Federal
prosecutors to prosecute juveniles in adult court when they commit violent
crimes. It requires child safety locks for guns to prevent accidents and
thefts. and extends the Brady Law so that violent juveniles can never own
a gun. Finally. the Strategy also calls for at least 1.000 after school
initiatives to keep kids off the streets and give them positive alternatives.
The Administration calls on Congress to pass juvenile crime legislation
addressing these key issues.
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Emily Bromberg ( CN=Emily Bromberg/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:11-JUN-1997 16:34:35.00
SUBJECT:
flsa
TO: Diana Fortuna ( CN=Diana Fortuna/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Cynthia A. Rice ( CN=Cynthia A. Rice/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
Fred Duval ( CN=Fred Duval/OU=WHO/O=EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
no nga executive committee conference call to discuss flsa scheduled.
don't think one will be in the near future. chiles has been convinced to
hold his fire until such time that it is needed on the hill ( and now does
not seem to be the time, since he's getting what he wants in committee) .
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page I of 1
(NOTES MAIL)
CREATOR: Robert W. Schroeder ( CN=Robert W. Schroeder/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:11-JUN-1997 10:53:36.00
SUBJECT:
Re: foia
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
Thanks.
too.
I forgot to mention it this morning.
And thanks for the ride.
�I
•.
~·~S Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 2
(NOTES MAIL)
CREATOR: Cynthia A. Rice ( CN=Cynthia A: Rice/OU=OPD/O=EOP [ OPD ) )
CREATION DATE/TIME:11-JUN-1997 18:56:52.00
SUBJECT:
Elena -- pIs review this draft SAP privatization language. Thanks.
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
CC: Diana Fortuna ( CN=Diana Fortuna/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
CC: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO)
READ: UNKNOWN
)
CC: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD ) )
READ: UNKNOWN
TEXT:
Since I made the case for putting privatization language in the SAP, OMB's
making me draft it. The markup is at 2:30 tomorrow, so we need to
finalize language by first thing tomorrow morning so please give me any
comments ASAP.
Thanks!
==================== ATTACHMENT
1 ====================
ATT CREATION TIME/DATE:
0 00:00:00.00
TEXT:
. Unable to convert ARMS_EXT: [ATTACH.D80)MAIL44139226Q.116 to ASCII,
The following is a HEX DUMP:
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02009800010017009900010002009A00010044009B0001000200D16CC422000000000000D40048
�.
DRAFT STATEMENT ON PRIVATIZATION FOR SAP
6/11197 5:30 pm
The Administration understands that amendments may be offered which would allow food stamp
operations to be privatized. While certain program functions, such as computer systems, can
currently be contracted out to private entities, the certification of eligibility for benefits and
related operations (such as obtaining and verifying information about income and other eligibility
factors) remain public functions. The Administration is concerned that changes to current law
would not be in the best interest of program beneficiaries, would strongly opppose such
amendments.
Aulomafed Records Managemenf Sysfem
HeX-Dump Conversion
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:11-JUN-1997 09:32:05.00
SUBJECT:
TO: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
The President is going to sign the Directive this morning in the Oval
during the 11:00 event briefing and the photo will be released to the
press office soon after.
�Page 1 of 4
ARMS Email System
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP [ OPD ] )
CREATION DATE/TIME:11-JUN-1997 00:05:32.00
SUBJECT:
directive
TO: Michael Deich
READ: UNKNOWN
CN=Michael Deich/OU=OMB/O=EOP @ EOP [ OMB ].)
TO: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO]
READ: UNKNOWN
)
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
TO: Karen A. Popp ( CN=Karen A. Popp/OU=WHO/O=EOP @ EOP [ WHO]
READ: UNKNOWN
)
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
TO: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP @ EOP [ WHO]
READ: UNKNOWN
)
CC: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
CC: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
TEXT:
This is the last directive I gave to Phil Caplan tonight.
It contains
changes to address Justice OLC's concerns.
I faxed it to Justice and
Treasury. I have every reason to believe this is the last version.
==================== ATTACHMENT
1 ====================
ATT CREATION TIME/DATE:
0 00:00:00.00
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Unable to convert ARMS_EXT: [ATTACH.D53]MAIL44060016P.116 to ASCII,
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�Automated Records Management System
Hex-Dump Conversion
MEMORANDUM FOR THE SECRETARY OF THE TREASURY
SUBJECT:
Enforcing the Youth Handgun Safety Act
A major problem in our nation today is the terrifYing ease with which our young people gain
illegal or unintended access to guns_ Firearms are now responsible for 12 percent of fatalities
among all American children and teenagers. Criminal use of firearms by young people is a
national tragedy. Between 1984 and 1994, the number of juvenile offenders committing
homicides by firearms nearly quadrupled. Moreover, firearms are the fourth leading cause of
accidental deaths among children ages 5-14 and are now the primary method by which young
people commit suicide. A recent study supported by the Department of Justice found that
slightly more than half of all privately owned firearms were stored unlocked and approximately
one-third of all handguns were stored both loaded and unlocked. We must do all we can to
prevent both illegal and unintended access to guns by juveniles.
To address this issue, my Administration has consistently called for toughening our laws to help
reduce youth gun violence. Specifically, we have fought for and gained passage of: (1) the
Brady Act, to allow local law enforcement to conduct background checks before handguns are
sold; (2) the Assault Weapons Ban, to keep deadly assault weapons off the streets; (3) the
Gun-Free Schools Act, to establish a policy of "zero tolerance" for guns in our schools; and (4)
the Youth Handgun Safety Act, to prohibit, in most circumstances, the transfer to or possession
of a handgun by a juvenile.
More recently, we proposed comprehensive juvenile crime legislation that, among other things,
would continue to crack down on youth gun violence by increasing penalties for transferring a
firearm to juveniles, prohibiting violent juveniles from owning firearms as adults, and requiring
federal firearms licensees (FFLs) to provide a child safety lock with every gun sold. I hope
Congress will enact these important measures as soon as possible.
Until Congress acts, however, there is more we can do to keep guns out of the hands of our
nation's youth. Existing law already bans the transfer of handguns to minors and juvenile
possession of handguns, except in specified circumstances, and grants the Treasury Department
authority to prescribe rules and regulations to implement this provision. I direct you to take the
authorized steps necessary to enforce the provisions of the Youth Handgun Safety Act -- and
specifically, consistent with your statutory authority, to promptly publish in the Federal Register
proposed regulations requiring that signs be posted on the premises ofFFLs and that written
notification be issued with each handgun sold to non-licensees waming that:
(1)
federal law prohibits, except in certain limited circumstances, anyone under the
age of 18 from knowingly possessing a handgun, or any adult from transferring a
handgun to such a minor;
(2)
violation of the prohibition of transferring a handgun to a minor is, under certain
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circumstances, punishable for up to 10 years in prison;
(3)
handguns are a leading contributor to juvenile violence and fatalities; and
(4)
safely storing and locking handguns away from children can help ensure
compliance with federal law.
I also direct you to provide me with a written status report within 60 days on how you will carry
out this directive.
Your implementation of this directive will help inform gun purchasers about their responsibility
under federal law to keep handguns from our children. It will also ensure that gun purchasers
are warned about the frequency with which handguns kill or injure our kids.
WJC
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Page I of 20
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Todd Stern ( CN;Todd Stern/OU;WHO/O;EOP [ WHO 1 )
CREATION DATE/TIME:12-JUN-1997 18:04:39.00
SUBJECT:
1997-06-12 Briefing by Sylvia Mathews and Maria Echaveste
TO: Elena Kagan ( CN;Elena Kagan/OU;OPD/O;EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
Glad to see that the you're the one who's supposed to deliver the goods.
tds
---------------------- Forwarded by Todd Stern/WHO/EOP on 06/12/97 06:04 PM
SUNTUM M @ Al
06/12/97 03:46:00 PM
Record Type: Record
To: See the distribution list at the bottom of this message
cc:
Subject: 1997-06-12 Briefing by Sylvia Mathews and Maria Echaveste
THE WHITE HOUSE
Office of the Press Secretary
June 12, 1997
For Immediate Release
PRESS BRIEFING
SYLVIA MATHEWS, DEPUTY CHIEF OF STAFF,
AND
MARIA ECHAVESTE, DIRECTOR OF THE OFFICE OF PUBLIC LIAISON
The Briefing Room
1:15 P.M. EDT
MR. LOCKHART: Good afternoon, everyone. Before Mike
comes out, we wanted to spend a few minutes to talk about the
President's initiative on race, which he will give a speech in San
Diego on Saturday, as you well know.
I'm going to invite a couple of people who've worked
very hard -- long and hard -- and have done excellent work on this
process. Deputy Chief of Staff Sylvia Mathews has led the process
working with Maria Echaveste, the Director the Office of Public
Liaison. Sylvia will walk you through who's on the board and how we
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went about setting up the board, the goals of the initiative, and
also some of the elements of the initiative.
So with that
Q
now.
but one other note
will there be paper on it?
MR. LOCKHART: Yes, the paper is being xeroxed right
It will be, when we're done, available in the bins.
On one logistical note, as we've told you, the advisory
board will be here tomorrow. And Beverly Barnes, whom most of you
know, who works with the Chief of Staff Erskine Bowles, will be
handling the inquiries for the board, because I know a lot of you
will be interested in talking to them. So, if you want to get in
touch with the board members over the next few days, work through
Beverly.
Q
th~
Got a meeting here tomorrow with them?
MR. LOCKHART: They are traveling out to San Diego with
President, and this is a get-together tomorrow.
Q
What time will that be?
MR. LOCKHART:
It's late
in the afternoon, I think
4:30 p.m.
Q
Q
ops
0,
You're all going on Air Force One?
We can't be on the charter and be --
Q
will there be a readout here or will there be photo
what's the logistics of the meeting?
MR. LOCKHART:
I believe we'll do a pool spray at the
top of the meeting and do something here. And then I'll be on the
plane going out to San Diego.
0,
Q
But what about those of us -- somebody else is
going on the plane but somebody is writing the story here because
it's awfully late by the time you get there. Can there be a
readout -MR. LOCKHART:
Yes, we'll try to do some sort of read
out here.
Q
For those of us who want to cover the news and then
also be on the charter, is it possible to delay the charter?
MR. LOCKHART:
Well, let me go and look at that, Wolf.
I'll see.
Q
Why does the charter have to leave so early?
MR. LOCKHART:
Well, let me -- I'll go back and look at
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it, okay?
I will.
Okay?
with that, Sylvia.
MS. MATHEWS; Thank you. The first thing I wanted to
spend just a minute on are the goals and methods of the President's
initiative and review that, and then talk about the elements of the
initiative and then share with you the members of the President's
Advisory Board.
Q
Why don't we have the members first?
MS. MATHEWS;
I'm happy to do it that way if you all
would prefer.
The President's Advisory Board, which is -- it has a
seven-person membership -- is going to be structured to advise him
over the period of the -- a year-long period for the initiative. And
the Chairman of the Board will be John Hope Franklin of Durham, North
Carolina, who I'm sure many of you are familiar with, a retired
historian and educator.
William F. Winter of Jackson, Mississippi. Governor
Winter is a former Governor of Mississippi and has served in a number
of capacities both inside and out of government and is in a law
practice right now.
Linda Chavez-Thompson of Washington, D.C.
I think many
of you know her. She is the Executive Vice President with the
AFL-CIO.
Robert Thomas of Coto DeCaza, California.
the President and CEO of Nissan USA.
Mr. Thomas is
Angela Oh, of California. Ms. Oh is a practicing lawyer
in L.A. right now. She is also a person who was very involved in the
L.A. riots, in part of the reconciliation efforts that occurred there
-- the multiracial issues that were occurring there between African
Americans, as well as the Asian and Hispanic communities, and she's
been involved in that effort in her home city.
And, finally, Suzan Johnson Cook. And some of you may
have met Suzan when she was a White House Fellow.
Suzan is an
African American female minister in New York City. Right now, she's
senior pastor of what's called The Bronx Christian Fellowship in the
Bronx. She was also the first female chaplain of the New York City
Police Department.
The other name that I'll go ahead and announce now -and you'll understand how it fits in the structure as I go on -- oh,
I'm sorry, I skipped over Tom Kean, who I think you all are familiar
with -- the former Governor.
Q
Tom who?
MS. MATHEWS;
Kean.
And it's spelled K-e-a-n.
The other name that I will go ahead and announce now is
Christopher Edley. Chris Edley is not a member of the advisory
board, but what Chris is going to do is he's going to be a senior
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advisor to the initiative, and he will help us with our policy
development. He'll be a consultant and will come down periodically
and work with our Domestic Policy Council, Elena Kagan and Jose
Cerda, to organize and develop policies over the period of the year.
So those are the names, and why don't I now go to
Q
Wait a second, what's Taylor Branch's role going to
be? Is he going to sort of work with the President to write his
report?
MS. MATHEWS:
If it's all right, can I get through the
initiative and then return to the question, or -- I think that might
be helpful if we could get
we'll do it that way, then. Good.
First, under the goals:
Goal number one is to
articulate the President's vision of racial reconciliation, and we
think that's an important thing because it is his vision of how we
want to take the country into the next century and talk about what he
believes and why that's right, and that will be the focus of the
speech.
Part of why we're doing this briefing now is so that he has
that ability in the speech on Saturday.
Goal number two is to help educate the nation, both
about the facts surrounding the issue of race and the history. At
this point, we have a generation -- the education has two focuses to
it:
the past and the future.
We have a situation now where many
people don't know the history of the civil rights movement, or a lot
of the nation's history with regards to race relations, whether it's
black, white, Hispanic or Native American. Additionally, the
education part is about talking about what the future is going to
look like.
If you looked at the Gallup study, I think you all
probably saw some very interesting statistics. While that was
black-white only and the initiative is broader than that, you saw the
number of people, whites, and what they thought the racial mix was.
There are some misperceptions in education there on what our racial
balance is now, but also I'm not sure how many people in the United
States realize that in the year 2050, we'll be at about 53 percent
white and then 47 percent other minorities.
The third goal is to promote a constructive dialogue.
I
think that's something you all have talked and heard a lot about
leading up to this effort. And one thing I would add there, it's a
constructive dialogue on the difficult issues.
In order to have a
dialogue, we need to have a dialogue on some of the positive things,
like the Tuskegee apology, but we also need to talk about some of the
tough issues like the kind of issues you all face every day, whether
it's in your news organizations and hiring or in your communities.
The fourth goal is to recruit and encourage leadership.
In order to give the effort breadth and depth, part of what we will
do is try and work to get others involved, whether it's in business
or in state and local government in the states throughout the nation.
And finally, the fifth goal is to find, develop, and
implement solutions in critical areas, such as education, economic
opportunity, housing, health care, crime and the administration of
justice. And these solutions that we're looking for are for
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individuals, communities, for corporations, and for state and local
governments.
On the methods, just a couple of points. One is
Presidential leadership. This contrasts with past issues because of
the close involvement of the President. That's why he chose to do an
advisory board instead of what has been viewed as a traditional
commission.
Then let me just say, it has three elements really, if
you think about it:
dialogue, study, and action. And I can spend
time, but I will wait for questions to do that.
The elements of the initiative: one, the advisory
board, which we just talked about.
Those people will help scope and
focus the study and dialogue work that we do over the year. They
will also help us with policy ideas, with outreach to the community,
with working with experts, and talking to the American people.
Two, the President is going to do significant events
throughout the year.
I think as it has already been reported, some
of those will be town halls; others of those will be events like
Tuskegee, and today we're announcing that we will be going to Little
Rock for the Central High anniversary.
Q
When is that?
MS. MATHEWS: September -- I don't know the exact date
that we're going, but we can get that for you.
The third element is the outreach and consultation of
leadership, which our advisory board will help us with and our staff
that we'll set up will.
And the fourth thing is the President's report to the
American people.
Instead of having a report from a commission, the
President will be doing his own report to the American people.
Finally, something that won't be in your paper but is an
important element, is that we will be selecting an executive director
and a staff. The staff will be about 15 to 20 people and will be a
combination of detailees, agency reps, and a few hires.
That will be
funded -- we're working with -- Justice is working with its
appropriators right now to try and do a reprogramming of funds to do
that -- to pay for that.
I think with that, I should stop and we should take
questions, unless you have anything to add, Maria.
MS. ECHAVESTE:
I just wanted to add that in formulating
this initiative, we did engage in a process of outreach that was both
wide, but also close in. Senior staff, as well as the President,
talked in depth with between 25 to 35 individuals in the course of
the last two and a half months.
But we also spoke to over 100 people
before we finalized the initiative -- getting their reaction and
their thoughts about what road he should take. We have ongoing a
process of contacting over 300 people around the country -- opinion
leaders, constituencies, organizations, others who we hope will be
part of this initiative in the course of the next year.
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I think the best thing to say is that the reaction from
a number of different people -- and frankly the majority -- was
positive in having the President take on this initiative, but also
urging the President to take on the hard issues. And that is why the
initiative has taken the form that it has.
So I'll stop there.
D,
Q
What is the ultimate goal? Is it integration?
total reconciliation? And what are you really striving for in
English?
A
MS. MATHEWS: Our hope is that in a year's time that we
will have ways that both policies and people can help the nation
respect each other's differences, but at the same time, grow together
as one. And that's it in a simple sentence, but let me just
elaborate a little bit. And that's the idea that we're going to
continue to become more and more racially diverse, and as we do, we
need to learn that we have to start with the respect of each other's
differences before we can focus on those things that are our shared
values, our shared concerns, our shared problems and do it as one
nation.
Q
There's already been some criticism of the fact
that the solutions come at the back end. There are people out there
already saying what the President needs to do is talk about solutions
to these problems on the street -- crime, justice, so forth -- now.
And they want money as well.
MS. MATHEWS:
I think two separate parts there. One is
that we are going to start talking about those issues now, and as far
as policy actions that will come over the time. The three different
parts -- study, dialogue, and action
are iterative, and they will
feed into each other over the period of the year.
On the separate question of money -- did you want to
MS. ECHAVESTE: I just wanted to add that this is a
different time than it was, say, 25 or 30 years ago.
There was a
consensus, if you will, that there were legal barriers, things that
the government needed to do.
I would argue that at the moment, there
is not a consensus that in fact racism still exists. There are many
places around the country that believe that, in fact, we've solved
all our problems. So before you start advocating particular
solutions, there needs to be a process of shared views that, in fact,
problems exist and how to address them.
Q
Can you describe those problems? What is the
problem that the President hopes to address with this? Is it racial
prejudice and bigotry that he thinks is out of control or something
of that nature?
MS. MATHEWS:
I think that there are a number of
different problems, and that's a part of what the initiative will
show over time.
We see problems in perception, and then you see
there are really two categories: problems in perception and problems
in reality.
In the perception front, what's actually stereotypes and
what's reality, and we saw, I think, a perception gap in the Gallup
poll and we see that in a number of different places.
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On the question of what's really wrong, the reality of
how much racism does exist and how do we work to correct for that.
Q
The Kerner Commission addressed all this 25 years
ago or so, and a lot of people would say things have gotten a lot
worse since then. How is this going to succeed where the Kerner
Commission failed and the Lyndon Johnson initiative failed?
MS. ECHAVESTE: Well, I think for starters, the Kerner
Commission, number one, focused only on African American and white
relations. Notwithstanding that in different parts of the country we
already had a multiethnic, multiracial community.
Number two, the Kerner Commission came as a result of a
particular time in terms of violence and riots and that type of
crisis. This is a different time.
0,
And, number three, there are issues in terms of really
asking -- there are some issues that relate to economics, and there
will be those critics on the left who say money is what's needed,
investment in the inner-cities, but there are others that would argue
that, notwithstanding the strides that have been made in terms of
increasing opportunities for different minorities, that there
continues to be racism even, for example, a company like Texaco,
where the issue wasn't getting a job, it was actually the
interactions among people and what kind of atmosphere people worked
under.
So those are issues that aren't necessarily solved by
money, but nonetheless have to be attacked.
Q
Where is the staff going to come from? Which kind
of staff are you looking for? You're reprogramming people, but from
what functions?
MS. MATHEWS:
From all our departments.
They'll come
from the Cabinet departments is where they will come from. When we
talked about some of the substantive issue areas, like housing, the
administration of justice, health care, Secretary Shalala in our
Cabinet briefing yesterday expressed her interest in ensuring -Q
So many Cabinet -- it will be sort of a subset of
the Cabinet?
MS. MATHEWS: We'll have people from all -- we have to
have people from a number of the departments representing those
different areas to help guide the policy development as well as the
dialogue and the study.
Q
I don't want to be excessively negative about this,
because I understand that that's unpleasant and you're trying to do
something good here and so forth, but I guess the interesting thing
for a lot of us is that you keep -- the folks who talk about this
keep saying, well, there was a consensus 25 years ago, there's no
consensus today, and that's why we have to have this big sort of
discussion to figure out what to do.
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I think people who cover these issues would dispute that
there was any consensus about that. Why was there a year-long battle
over the Civil Rights Act in 1964? So I guess some people who have
been analyzing this initiative wonder whether this idea that it's so
unclear what to do, we don't know what the problems are, we have to
figure it out before we can act, is kind of a way to avoid doing
something; it's just a way to talk about these issues without really
having to decide something and actually do something, those things
that are within the President's power to do, like, for example, make
certain appointments. integrate the White House staff a little bit
more thoroughly than it is -- things of that sort. Do you know what
I'm talking about, and could you speak to that?
MS. MATHEWS:
I would be interested in the consensus
point.
If you want to articulate what you believe the consensus is
-- that there is a race problem, that there isn't or that --
Q
The idea that 25 years ago it was so clear what
direction the country needed to move in cannot be the case if there
were just the profound legislative battles we had over every major
civil rights initiative that's ever been passed in this country -there were tremendous pitched battles. There were fist fights on the
floor, off the floor. screaming fights.
So clearly there was no
consensus 25 years ago, and yet legislation was passed, moved forward
and so forth -- and with the President's leadership.
See, my point is -- so it isn't just that everybody
jumped up and said, we need to pass the Civil Rights Act. They
didn't do that.
MS. MATHEWS:
I think though that we believe that we are
showing leadership. The truth is that -- I think that while this is
an issue that often is sailing against the political headwinds in a
number of ways
by going to California and choosing that as the
place in which we make our speech, I think we're making a statement.
Already, we've seen ads that are cut.
I think the
President is showing leadership on the issue and we're starting to
see reaction. We're going to have critics from the left and critics
from the right. They're going to be paSSionate and they're going to
be vocal. That's why this is a tough issue and an important issue.
As far as the action. part of the thing that we believe
is an important thing to do -- there are the policy elements, and we
have already started work. The Domestic Policy Council. under Elena
Kagan and Jose Cerda, working with our council's office have started
the interagency process with the Justice Department and Education on
specifically looking at the ramifications of Hopwood and Prop 209.
We are on our way on those things.
The other things in terms of action -- the issue of
dialogue -- when we've discussed things with a number of people
outside, the importance of having people talk about it and having the
President show the leadership -- to have the American people talk
about the tough issues that we all aren't willing to talk about on a
day-to-day basis.
Q
Sylvia. how did you figure out that this would be a
year-long process? It seems like an awful long time for issues that
are on the front burner for a lot of people right now.
Why will it
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take so long?
MS. MATHEWS: As I said, it will be an iterative
process. And it's our expectation that policies will be announced
along the way, and we will do that along the way.
As far as deciding on a year, we wanted to get the
President's report out within a year.
Q
Sylvia, let me just again ask you about this.
If
you find, as the President talks, that he doesn't build any
consensus, will you then not put out policy? I mean, is this idea
that he has to build the support for it first and if that isn't
there, you won't build?
MS. MATHEWS:
believe are best.
No.
We will put out the policies that we
Q
And secondly, if I could, people who met with the
President the other night said that he talked about looking at
polling data that showed what American whites are ready for
discussing. How much has this been polled by the White House or by
DNC pollsters for the White House?
MS. MATHEWS:
Q
That's a question I'll have to defer.
Well, why?
I mean, you don't know?
MS. MATHEWS:
In terms of how much -- I think
understanding some of the issues that -- in terms of, do people think
it is a problem and that sort of thing.
Q
No, did you poll?
Q
Did you do polling?
Q
Or did Penn & Schoen or Greenberg do polling?
Q
Anyone?
D,
MS. MATHEWS:
consider this a problem.
The issue in question of, do people
Q
No, the question is polling.
Q
Just did you do --
MS. MATHEWS: Yes, yes, I'm answering the question with
the issue that we examined.
Q
Did they consider
can you say how extensively
and how many weeks you were polling on this?
MS. MATHEWS:
Q
Not extensively.
Not extensively?
MR. LOCKHART:
I mean, I don't have any more exact
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numbers, but in addition to our own -- I mean, we -- Sylvia and a
group were
Q
Penn & Schoen?
Joe, by,
"our own" who do you mean?
Do you mean
MR. LOCKHART: Oh, I'll get that answer for you.
I
mean, I don't know.
But I know there was some look at sort of levels
of perception on the issue.
But also, there is a lot of information
out there. Gallup is a very comprehensive, and we've looked at that.
They came in and talked to us about that.
MS. MATHEWS:
There's a number of --
They came in and talked to us privately.
Q
Did you fund it like the usual polling or was that
from some other source?
MR. LOCKHART:
I'll find out.
Q
Sylvia, why did it take seven months for the
President to nominate an Assistant Attorney General for Civil Rights?
MS. MATHEWS:
I think in selecting a person of the
quality that we believe that we have -- that we went through and
examined a number of different candidates around the country to
ensure that we got the best candidate.
Additionally, I think you all know that the vetting
process on our candidates is an important one that we like to do
before we announce the candidates. And that took a while to do.
Many people in this area -- when you look at this area, it's an area
where people have a lot of writings. And in order for you to do
that, you need to look and examine and understand what they've
written and what they've said and what they think.
Q
So, basically, what you're saying is you didn't
want another Lani Guinier example?
MS. MATHEWS:
I think what I'm saying is, we wanted to
make sure that we had a candidate that we felt was the best candidate
for the job and that we believed was a person who would represent our
views.
Q
Sylvia, can you flesh out some more on the task
force? I mean, are they going to meet regularly or are they going to
all move here and work full-time? Give me some examples of what they
will actually do in a real-life basis.
MS. MATHEWS:
Some examples of the types of things that
the task force will do -- they will, on a regular basis, communicate
as a group with the executive director in helping scope the project
in terms of work plans and the type of issues we need to focus on.
That's one type of activity they'll do.
Another one is, they'll be participants in the
President's activities abroad as he -- out in the country -- as he's
doing outreach and. doing things like town halls.
Q
It's not a paid position that they're doing, of
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course?
MS. MATHEWS:
full-time position.
No.
It is neither a paid position nor a
Q
Is it right to think of them as like a board for
the executive director and the staff?
MS. MATHEWS: They are the advisory board to the
President, yes. That is correct. And that's why we've called them a
board.
Q
Okay, but now does it -- I mean earlier it was task
force -- they're like the board of directors would be for a college
president or something like that.
Is that a fair way of thinking
about this?
MS. MATHEWS: Not being familiar with all that college
presidents do, but, yes, that's a general --
forth.
Q
They're going to be there giving advice and so
They're not actually doing study, research
MS. MATHEWS: They will not be doing their research.
That's the purpose of the staff.
California.
Q
You said you were making a statement by going to
What statement are you making?
MS. MATHEWS: We believe that going to California -Maria, do you want to do this one?
MS. ECHAVESTE: Yes. Going to California, as everyone
knows, is a place where -- sets trends.
It is the state that has a
very diverse population, it is the home of Proposition 187,
Proposition 209, the UC Regents.
It is -- going to San Diego,
generally thought of as white conservative; nonetheless, this campus
happens to be among the most diverse of the UC.
It's saying that we
believe in taking this issue and having a dialogue about it and
finding ways to confront the problems facing us.
Q
Right. But the question -- when you made the
statement about making a statement by going to California, it was in
the context of --
MS. MATHEWS: We believe it's bold to go to California
to a UC system when Prop 209 is an issue that is so relevant there.
Q
So the statement is --
MS. MATHEWS: The statement is, we want to be clear that
the President is -- he's expressed his view on this issue and we're
going to continue to express our view on that issue and what he
believes.
Q
So the statement is we're opposed to Prop 209.
MS. MATHEWS:
Q
And we
That's not bold -- I mean, you've said that.
�ARMS Email System
Page 12 of 20
MR. LOCKHART: It's broader than that. It's that this
year-long initiative is not going to shy away from the controversial
issues -- now, it's not going to deal with only broad, academic
issues that aren't relevant to the political dialogue that's going on
now. And by going to California, we're going into the place where
you have one of the most active discussions going on within
California, within the university system, and we're going in there
and we're going to layout what we plan to talk about for the next
year.
We thought it was about the most relevant place you
could go to give this, and I think there is a statement there.
MS. MATHEWS: And the future-oriented focus.
The only
other thing I would add is the future-oriented focus of the
initiative, that the demographic changes that are occurring in the
nation -- California is a place that is on the front edge of that.
Q
Will he speak directly to the question of
affirmative action when he speaks on Saturday in California? I mean,
you've said that that's one reason he's going there.
Is he actually
going to talk about it?
MS. MATHEWS:
It will be in the speech.
Q
Can I follow? Maria, you've just mentioned the
campus having a good record. As I know you know, in the last two
days there's been quite a lot of racial turmoil on that campus
because the Provost of Thurgood Marshall College has quit because
they rejected his plan to reach out to disadvantaged blacks and
Hispanics. Does that embarrass you? Does that give you pause about
picking that campus?
MS. ECHAVESTE:
It highlights that, in fact, the answers
to what do you do in light of a UC Regents or Proposition 209 or the
Hopwood case, the one response that had been considered had been,
have universities make partnerships with local high schools in order
to educate and prepare them for the university system, shows that UC
San Diego's decision not to accept the charter high school, that
those answers are not easy, but they definitely need to be
considered. We don't -- shy about going there.
Q
Sylvia, given the President's problems with Lani
Guinier, the affirmative action review, the fact that his closest
friends, like Marian wright Edelman practically walked out on him
when he did welfare reform, what makes you think that the President
can succeed at this race initiative? What makes him believe that he
can actually do something?
MS. MATHEWS: First, I would like to kind of go back to
a little bit of the premise. On affirmative action, I think this
President's stand on affirmative action, to stand up and say that he
believes that amend it, not end it for affirmative action is very
important.
I believe that our proposed rulemaking right now on
procurement that is out for comment right now will be a very
important part, preserving and narrowing -- tailoring, as we've been
advised by the courts to do.
So on that front
in terms of the others that are
�ARMS Email System
Page 13 of20
around him and have been around him, if you look at our Cabinet and
the people from Rodney Slater to Alexis Herman to Federico Pena that
have been here -- and there are a number of others that we have
within the administration we have a large group, both in the Cabinet
and here in the White House -- I think that we think that the
President can succeed, I think, because he is dedicating himself to
it personally.
And the other thing I would say is that there isn't a
silver bullet, this isn't an easy problem. We recognize it and we
recognize the difficulties that we're going to face in trying to do
it.
But we also believe that it is the time -- at a time when the
nation is in reasonable -- is economically healthy and a time when
we're on the verge of some big changes as far' as our demographics,
that we need to do this, and that's why we're doing it now.
Q
Could you talk a little bit about the process of
boiling down the list of possibilities for this panel -- what were
the criteria and who were some of the people who signed off on these
people, other than the President?
MS. MATHEWS: The process started with a very long list
of I'd say probably about 250 names. And what we attempted to do was
find people from different walks of life who could contribute both
their ideas and the people that they communicate and have contact
with. We wanted -- John Hope Franklin, as you all know, is 82, but
Suzan Cook is very young.
We wanted to get a mix because part of the initiative
will focus on youth. We wanted to get people from different
backgrounds. Suzan comes from a religious background.
Thomas comes
from a business background. We tried to get a mix of people in terms
of views and perspectives. Governor Winter is a Southern governor;
Governor Kean is from the North. And what we tried to do was get a
balance of people that represented a number of different things so we
could have a good mix of advice going in to the President.
Q
Who did you run these names by? I mean, were they
among the people who met with the President the other night? Did you
run the names by them, or who exactly has signed off?
MS. MATHEWS:
with our names.
Some of those people we consulted early on
Q
So did you consider people who were just simply
opposed to affirmative action or government preference policies, or
does the President want people who already basically support his
premises?
MS. MATHEWS:
Those names were considered, but what we
tried to do was put together a group that we feel could advise us on
the policies and issues that we want to pursue.
Q
Basically agree with the President?
Q
Why bother having that board if you've already
decided -- that you want these people to support what you already
believe.
MS. MATHEWS:
I think that what we're talking about when
�Page 140[20
ARMS Email System
we talk about affirmative action is a pretty fundamental core, one of
the policy areas that we'll be looking at. So in that area -- and
actually, I think the truth is, we didn't ask that question when we
asked the members to serve. Do you --
Q
Why not?
Q
They knew their record.
D,
people
MS. MATHEWS:
I'm answering the question of, did we have
is the question, do we have people on the board who support
Q
-- like a full debate.
I mean, did you take -there's plenty of prominent people who made it clear they're opposed
to affirmative action.
I mean, did you seek out those kinds of
people, or was it clear that you want essentially people who
basically agree with the President's approach to advise on more
narrow questions rather than the whole spectrum?
MS. MATHEWS: On the issue of Prop 209 and affirmative
action specifically, there were names on the list that are opposed to
our position that we originally put together. However, on that
particular issue, we did not directly ask people -- do you support
that, do you not support that.
opposed.
Q
But you ruled out the people you knew who were
Is that correct?
MS. ECHAVESTE:
MS. MATHEWS:
This commission is more
It wasn't based on --
MS. ECHAVESTE:
-- it's not a commission, it's an
advisory board. You're thinking of a commission -Q
But you ruled out the people you knew were opposed.
Isn't that correct?
MS. MATHEWS:
Q
They're going to be part of the dialogue.
But they won't be on the advisory board.
MS. MATHEWS: At this point, all the people -- the
people that are mainly vocal against affirmative action are not a
part of the advisory board.
process?
Q
Did you consult with any people like that in the
Can you identify any people that were consulted with?
MS. ECHAVESTE:
I just don't have my list of names, but
we did talk to people who thought -- who had different views about
how to deal with racism in this country that -- where the answer
isn't in affirmative action, but economic opportunity, as a way of
dealing with those issues. We did talk to people like that.
divide.
Q
Sylvia, you are talking about healing racial
What American are you specifically hoping to target or to
�ARMS Email System
Page 15 of20
bring into the fold with this whole initiative?
MS. MATHEWS:
I think that it is our hope that the
initiative will reach everyone. When we say "race," we are referring
to whites, Hispanics, blacks, Asian Americans, and Native Americans.
We believe it's very important for whites in the country to be a part
of the initiative.
Q
Are you looking more so to get more white people to
understand there is a problem, especially since you said earlier that
the majority here in America is white?
MS. MATHEWS: We're looking for both. We're looking for
both people of color as well as whites to look and examine the issue
and see. That's part of why in the study section we talked about
stereotypes versus reality, to understand which groups have --we're
going to look at which pieces are right and which are reality.
Q
Is there concern that the California affirmative
action will spread through the country -- it's contagious?
MS. ECHAVESTE:
I wouldn't use the word "contagious";
the fact is is that a lot of people allover the country are saying
that affirmative action is not needed, that in fact, racism and
discrimination is no longer a problem.
Q
I mean, in the states and so forth, infecting the
college preferences?
MS. ECHAVESTE:
Absolutely.
Q
Can I try a question that I asked in a briefing
again? Is the President prepared to deal with the possibility that
this full discussion, as often occurs in, say, employment, in
workplaces, that this could exacerbate racial problems at least in
the short term, and what would he be willing to do about them?
MS. MATHEWS:
I think that as we discussed before, that
the President is ready for a difficult discussion.
I think as was
reported today and has been reported before, that sometimes people's
efforts on this front do create strains and stresses, and I think
we're ready for taking that on. I think we've already seen the
advertising that's occurred both in Washington and San Diego, which
are signs. We are, as I have said, going to have critics from the
left and the right. And that's because it is a very important issue
that many people feel very passionately about. And we're already
hearing that, and I think we're ready to take that.
Q
You said you talked to some people who disagree
with the administration position. Was Ward Connerly one of them?
And what is your reaction to the fact that he
while he's running
these radio ads against the President -- will be there at the
commencement address Saturday?
MS. ECHAVESTE:
Q
He's a UC Regent.
Is he somebody you talked to?
MS. ECHAVESTE:
No.
�Page 160[20
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Q
What do you say to a lot of these civil rights
leaders who are very upset that they are not on this advisory board,
like Jesse Jackson, Kweisi Mfume, and people of that nature?
MS. ECHAVESTE:
Part of the reaction we got when we were
doing our outreach was the fact that a lot of people said, don't try
to do a committee, don't try to do a group. You'll never figure out
who should be on it.
The fact is, the President cannot take on this
issue alone and -- he is a full-time a President. And when a small
advisory group that can help guide and help us identify the key
issues -- what we should focus on when we're traveling around the
country, what is the way to go -- and that was the decision that was
made.
MS. MATHEWS: And we'll be consulting with those people.
I think you all know Reverend Jackson was in last week and Kweisi
Mfume was in as well this week.
So the effort is not limited to the
advisory board.
Q
Sylvia, does the President still --
Q
-- the main concern is the fact that they deal with
civil rights and issues like this on a daily basis -MS. ECHAVESTE: And they have the expertise. And we
will be working with them. Think of it as -- the way we think of it
is it's a year-long process in which, at different points in time,
different groups of people will be convened, a conversation had, at
which, certainly in the process here in the White House that we had
- - there was, in fact, different views around that table that wa·s
very enlightening and eye opening.
Q
Sylvia, does the President believe that the
fundamental conclusion of the Kerner Commission is still accurate
today; that there are two societies in this country -- one black, one
white, separate and unequal?
MS. MATHEWS:
I think that he would say that we have
made some progress, but that there is still a long way to go. And I
think the other thing that he would say is, it's not a black and
white; it's a black, white, Asian American; that it's a different
--in that sense, it's also different from Kerner; that it's not just
two -- it's 100. And that that's a part of why the initiative is so
important at this time.
Q
Was the Justice Department civil rights jobs, did
that -- did you make a concerted effort to get that filled prior to
the announcement this weekend? Does that explain the timing of that?
MS. MATHEWS: We've be working on that for a while.
were pleased that we were able to announce it before we go to
California.
We
Q
Can you elaborate on just what the President's role
is envisioned to be? You talk quite a bit about the board here.
Is
he going to be -- does he see himself as a mediator, a conciliator, a
moderator? What exactly is his ultimate role in this process?
MS. MATHEWS:
I think the President will have a number
of different roles. We will depend on his intellectual leadership as
�Page 17 of20
ARMS Email System
we go through our processes with the executive staff as well as the
White House staff. He will be the person that will be on the line in
terms of his events -- leading dialogue in different settings, such
as town halls. He also will be the President speaking to these
issues in terms of like how he will do in the speech in California,
which are three different ways that the President will be involved
and engaged in the process.
Q
Sylvia, do you all have a sense yet of what kind of
venues you're going to do the town halls in, and when the first one
will be?
MS. MATHEWS: No, we've had a number of requests that I
think once we get -- we want to consult with the advisory board as
well as the executive director. We've had a number of requests from
everyone from communities to news organizations.
Q
When do you anticipate -- how long a time before
you do the first town hall?
MS. MATHEWS:
President's schedule.
I think that will be dependent on the
Q
Is there some core set of beliefs that the
President has at this point that he will just want to do that he
thinks is right and that maybe he wants his advisory board to help
him find a way to implement it -- but coming into this? And if so,
can you tell us, what the core is of the beliefs he has, and in terms
of -- I mean, very specifically, something that should be a piece of
D,
legislation, something that could be remedied by one way or the
other? Where is his ferment here going into this?
MS. MATHEWS:
I think sort of two different answers to
that question -- the speech.
(Laughter.) We'll let Mr. McCurry -that will come out in the speech. All right.
Thank you.
MR. LOCKHART:
September 25th.
THE PRESS:
END
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1:54 P.M. EDT
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�
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
Elena Kagan
Description
An account of the resource
<div>
<p>Elena Kagan worked as Associate White House Counsel from 1995-1996 and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999.</p>
<p>During her work at the White House Justice Kagan worked on many topics including, but not limited to: AIDS, budget appropriations, campaign finance reform, education, health, labor, race, tobacco, Native Americans, and welfare.</p>
<p>In 1999 President Clinton nominated Kagan to the U.S. District Court of Appeals, no hearing was ever scheduled and she was thereby never confirmed.</p>
<p>Note: These records were made available in response to a <a href="http://clinton.presidentiallibraries.us/freedom-of-information-act-requests">Freedom of Information Act (FOIA)</a> request, FOIA 2009-1006-F. This collection contains both records created by Elena Kagan and records concerning Elena Kagan. </p>
<p><strong>Descriptions of the Sub Collections:</strong></p>
<ul><li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+White+House+Counsel+Files&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">White House Counsel Files</a></strong><br /> These records consist of files created and received by Elena Kagan when she served as Associate Counsel to President Clinton from 1995 to 1996. The files include but are not limited to records concerning Amtrak, campaign finance reform, gaming/gambling (especially as it relates to Native Americans), timber, regulatory reform, and welfare. The records include memoranda, notes, correspondence, articles, reports, executive orders, bills, and directives.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+Domestic+Policy+Council+Files&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Domestic Policy Council Files</a></strong><br />These records contain files created and received by Elena Kagan when she served as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999. The files include records concerning domestic policy topics such as AIDS, budget appropriations, campaign finance reform, education, health, labor, race, tobacco, and welfare. The records include memoranda, correspondence, articles, and reports.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=White+House+Staff+%26+Office+Files+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">White House Staff Files re Elena Kagan</a></strong><br />These records are compiled from a variety of staff office files including the Chief of Staff, Personnel, Office of First Lady, Counsel, and DPC and include correspondence, memorandum, forms, and reports all concerning or having to do with Elena Kagan.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=White+House+Office+of+Records+Management+Files+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">White House Office of Records Management Files (WHORM)</a></strong><br />These records are from the White House Office of Records Management (WHORM) subject file series. The Clinton Presidential Library inherited a document-level index maintained by WHORM during the Clinton Administration which tracked some incoming correspondence and other documents as they were circulated throughout the White House and filed by WHORM. The records contain files created and received by Elena Kagan that were tracked by the WHORM Subject File index. The files include records related to a variety of topics such as memoranda, correspondence, and Domestic Policy Council weekly reports. The records are tracked by an alpha/numeric code, and are listed as such.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+1999+Nomination+to+U.S.+Court+of+Appeals&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Elena Kagan's 1999 Nomination to U.S. Court of Appeals</a></strong><br />After serving as the Deputy Director of the Domestic Policy Council, Elena Kagan was nominated to serve on the U.S. Appeals Court for the District of Columbia (D.C. Circuit) in1999. Her nomination expired in 2000 without Senate action. The files in this opening contain records from the White House Staff and Office Files, Counsel’s Office and Presidential Personnel, concerning her nomination. The records consist of Senate Judiciary Committee questionnaires, correspondence, law review files, news articles, briefs, and press briefings.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Email+Received+by+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Email Received by Elena Kagan</a></strong><br />These records consist of email received by Elena Kagan during her time as Associate White House Counsel from 1995-1996 and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999. In addition to the email proper, these messages include forwards, reply chains, and attachments. The attached documents include notes, memorandum, articles, reports, executive orders, bills, and directives. These email concern a myriad of topics including but not limited to Amtrak, campaign finance reform, gaming/gambling (especially as it relates to Native Americans), timber, regulatory reform, welfare and domestic policy topics such as AIDS, budget appropriations, education, health, labor, race, and tobacco.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Email+Sent+by+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Email Sent by Elena Kagan</a></strong><br />These records consist of email sent by Elena Kagan during her time as Associate White House Counsel from 1995-1996 and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999. In addition to the email proper, these messages include forwards, reply chains, and attachments. The attached documents include notes, memorandum, articles, reports, executive orders, bills, and directives. These email concern a myriad of topics including but not limited to Amtrak, campaign finance reform, gaming/gambling (especially as it relates to Native Americans), timber, regulatory reform, welfare and domestic policy topics such as AIDS, budget appropriations, education, health, labor, race, and tobacco.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+Records+re+Native+Americans&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Elena Kagan's Records re Native Americans</a></strong><br />These records were created or received by Elena Kagan during her service as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (1997-99). These ten folders were previously opened as part of a Freedom of Information Act request related to Native Americans (FOIA case <a href="http://www.clintonlibrary.gov/Documents/Finding-Aids/2006/2006-0197-F%28seg%203%29.pdf" target="_blank">2006-0197-F</a>).These records consist of memoranda, emails, reports, notes, and clippings.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Additional+Materials+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Additional Materials re Elena Kagan</a></strong><br />These records were taken from the files of Elena Kagan. They include memos to, from, and relating to Elena Kagan’s work on Domestic Policy issues. The records include some memos from Elena Kagan to President Clinton.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Federal+Email+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Federal Email re Elena Kagan</a></strong><br />The federal email re: Elena Kagan consists of 114 email messages that were part of the Federal side of the Clinton White House. The email generally consists of summaries of meetings or telephone conversations in which Elena Kagan was a participant.</li>
</ul></div>
Identifier
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2009-1006-F
Provenance
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Clinton Presidential Records: White House Staff and Office Files
Clinton Presidential Records: Automated Records Management System
Clinton Presidential Records: White House Staff and Office Files
Publisher
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Clinton Presidential Library & Museum
Format
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Adobe Acrobat Document
Creator
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Office of the Counsel to the President
Domestic Policy Council
First Lady's Office
White House Office of Records Management
Chief of Staff
White House Office for Women's Initiative and Outreach
Automated Records Management System
Tape Restoration Project
Security Office
Presidential Personnel
Date
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1995-1999
Extent
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2945 folders
Text
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Original Format
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Magnetic Disk: Hard Drive
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
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[06/11/1997 – 06/12/1997]
Creator
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WHO
Automated Records Management System
Identifier
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2009-1006-F
Is Part Of
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Email Received by Elena Kagan
<a href="http://catalog.archives.gov/id/574745" target="_blank">National Archives Catalog Description</a>
Provenance
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Clinton Presidential Records: Automated Records Management System
Format
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Adobe Acrobat Document
Publisher
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Clinton Presidential Library & Museum
Medium
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Reproduction-Reference
Date Created
Date of creation of the resource.
6/18/2010
Source
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ARMS - Box 061 - Folder 011
574745