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https://clinton.presidentiallibraries.us/files/original/ec87f6be21f9b702e68c779578f8f98c.pdf
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NLWJC - KAGAN
EMAILS RECEIVED
ARMS - BOX 065 - FOLDER -008
[09/12/1997 - 09/13/1997]
�Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
001. email
DATE
SUBJECTrrITLE
09112/1997
Phone No. [partial] (1 page)
RESTRICTION
P6/b(6)
COLLECTION:
Clinton Presidential Records
Automated Records Management System [Email]
WHO ([Kagan])
ONBox Number: 500000
FOLDER TITLE:
[0911211997-0911311997]
2009-I006-F
vzl17
RESTRICTION CODES
Presidential Records Act -144 U.S.c. 2204(a)J
Freedom of Information Act - IS U.S.c. SS2(b)J
PI National Security Classified Information l(a)(l) of the PRAI
P2 Relating to the appointment to Federal office l(a)(2) of the PRAI
P3 Release would violate a Federal statute l(a)(3) of the PRAI
b(2) Release would disclose internal personnel rules and practices of
P4 Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRAI
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors la)(S) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRAI
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
b(l) National security classified information l(b)(I) of the FOIAI
an agency l(b)(2) of the FOIAI
b(3) Release would violate a Federal statute l(b)(3) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information l(b)(4) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
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�'.
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RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Michael Waldman ( CN=Michael Waldman/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:12-SEP-1997 09:04:36.00
SUBJECT:
radio address
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Maria Echaveste ( CN=Maria Echaveste/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Craig T. Smith ( CN=Craig T. Smith/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: William P. Marshall ( CN=william P. Marshall/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: John L. Hilley ( CN=John L. Hilley/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Barry J. Toiv ( CN=Barry J. Toiv/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
TO: Sidney Blumenthal ( CN=Sidney Blumenthal/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Paul E. Begala ( CN=Paul E. Begala/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Thomas D. Janenda ( CN=Thomas D. Janenda/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Paul J. weinstein Jr.
READ: UNKNOWN
TO: Charles F. Ruff
READ: UNKNOWN
( CN=Paul J. Weinstein Jr./OU=OPD/O=EOP @ EOP [ OPD 1 )
( CN=Charles F. Ruff/OU=WHO/O=EOP @ EOP [ WHO 1 )
TO: Peter G. Jacoby ( CN=Peter G. Jacoby/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Michael D. McCurry ( CN=Michael D. McCurry/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: John Podesta ( CN=John Podesta/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: Michelle Crisci ( CN=Michelle Crisci/OU=WHO/O=EOP @ EOP [ WHO 1 )
�ARMS Email System
READ: UNKNOWN
TEXT:
Draft 9/12/97 9am
PRESIDENT WILLIAM J. CLINTON
RADIO ADDRESS ON CAMPAIGN REFORM
ROOSEVELT ROOM
September 13, 1997
[taped September 12, 1997]
Good morning. America has had a summer of significant
achievement, as we are working to protect our values and prepare America
for the 21st Century. The balanced budget shows what we can do when we
put aside partisanship and work for the public interest.
But America
canO,t rest. And one of the most important steps we can take next is to
pass long-overdue campaign finance reform.
The campaign finance laws have been overwhelmed by a rising flood
of campaign cash. The amount of money raised by both political parties
now doubles every four years. Candidates are caught up in a fundraising
arms race, spending more and more time raising more and more money 0)
money that raises more and more questions in the public mind. The campaign
finance
system is broken. And everyone of us must take responsibility for fixing
it.
When possible, I have acted to promote reform.
I have asked the
FCC to provide candidates free TV airtime.
I have asked the Federal
Election Commission to ban large "soft money" contributions to political
parties from corporations, unions and wealthy individuals. And the Justice
Department has indicated it will go to court, when appropriate, to defend
the
constitutionality of spending limits.
But there is no substitute for strong, bipartisan campaign finance
reform legislation.
I proposed reform when I ran for President.
I have
backed reform legislation every year since then. And every single year,
reform has been blocked in the Congress through the filibuster.
The
excuses keep changing.
This year, opponents claim that unlimited campaign
spending is just free speech. Well, when money talks in our democracy,
thatO,s not the solution 0) thatO,s the problem.
Now, the special interests and their allies in Congress are poised
to strike again, waiting to quietly smother reform in the dead of night
one more time. But this year, they wonO,t get away with it.
Sens. John McCain, a Republican, and Russ Feingold, a Democrat,
have pledged to bring their reform legislation to a vote this month. On
Thursday, 45 Democratic Senators 0) every single one 0) wrote to the
Senate leadership in support. Citizen groups, spurred by business
executives and civic leaders, have gathered one million signatures on a
petition to Congress.
Presidents "Ford, Carter, and Bush have called for
reform.
They are being joined by dozens of former lawmakers, now free to
speak their mind. And the American people overwhelmingly want action.
There is a critical mass for action.
This is a time of testing.
Ignore the rationalizations: A vote
to filibuster campaign reform is a vote for unlimited soft money and
backdoor campaign contributions ... a vote to increase the power of big
Page 2 of3
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money in our democracy. Nothing more, nothing less. A vote against a
filibuster -- a vote for reform -- is a vote to give ordinary citizens the
loudest voice in the halls of power.
This year, despite all the odds, we have the best chance in a
generation for reform. Throughout our history, the American people have
overcome the resistance of entrenched interests to expand our democracy
and keep it strong in changing times.
LetO,s make this autumn a season
of reform. Thanks for listening.
Page 3 of3
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RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Leanne A. Shimabukuro ( CN=Leanne A. Shimabukuro/OU=OPD/O=EOP [ OPD )
CREATION DATE/TIME:12-SEP-1997 10:01:45.00
SUBJECT:
sex offender letter-- needing clearance
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD )
READ: UNKNOWN
CC: Laura· Emmett
READ: UNKNOWN
( CN=Laura Emmett/OU=WHO/O=EOP
CC: Jose Cerda III
READ: UNKNOWN
@
EOP
)
[ WHO)
)
( CN=Jose Cerda III/OU=OPD/O=EOP @ EOP [ OPD )
)
TEXT:
==================== ATTACHMENT
1 ====================
ATT CREATION TIME/DATE:
0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D98)MAIL499583451.216 to ASCII,
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�Automated Records Management System
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DRAFT
Dear GDvernDr _ _ _ __
The cDntinuing explDsiDn Df new technDlDgies gives us a grDundbreaking
DppDrtunity to. wDrk tDgether to. link our federal and state law enfDrcement effDrts
in ways we never thDUght pDssible even a few years ago.. FDr example, we are
nDW able to. track the whereabDuts Df cDnvicted sex Dffenders to. prevent them
frDm cDmmitting new crimes. If we begin nDW to. cDDrdinate Dur effDrts, I am
cDnvinced that American public safety will benefit significantly.
From the histDric 1994 Crime Act thrDUgh the NatiDnal Crime PreventiDn
and Privacy CDmpact that I will SDDn submit to. CDngress, my AdministratiDn has
strived to. pass legislatiDn to. hamess cDmputers and Dther technDlDgy fDr the
public gDDd. Many Df Dur states' gDvernDrs have played crucial rDles in fighting
to. pass this legislatiDn, and I thank YDU again fDr that assistance. AlthDUgh these
laws are an impDrtant fDundatiDn fDr federal and state cDDperatiDn, the new
technDlDgies can do. Dnly what we cDmmit them to. do., and we still need to. do.
much mDre -- including exchanging criminal recDrds between states fDr
emplDyment checks Dn wDrkers in DccupatiDns that deal with children, and using
incident-based crime repDrts to. help pDlice sDlve specific types Dfrepeated crime,
such as church arSDn Dr serial murder. Federal and state gDvernments must fDrge
a clDse partnership to. reali'ze the full pDtential Df these new technDlDgies. I am
prepared to. take actiDns to. intensify Dur federal effDrts in the cDming mDnths, but I
will need YDur help in Drder to. ensure Dur success in several initiatives.
In June Df 1996, I directed the AttDmey General to. develDp a natiDnal
sexual predatDr and child mDlester registratiDn system to. link the sex Dffender
registratiDn and nDtificatiDn systems being develDped in all 50 states. The
Interim natiDnal sex-Dffender registry became DperatiDnal earlier this year, and the
AttDrney General recently wrDte to. enlist YDur assistance. I am encDuraged that
ten states have already IDaded their infDrmatiDn Dn sex Dffenders DntD the system,
with many DfYDU pledging to. do. so. within the next few mDnths. I am grateful for
any help YDU can prDvide in making this national sex Dffender registratiDn system
a reality.
To. mDve further ahead, I am directing the AttDrney General and Secretary
Df Defense tDday to. take steps to. expand the natiDnal sex-Dffender registry to.
include cDnvicted sex Dffenders being released frDm federal and military facilities.
My directive will Drder the Federal agencies to. nDtify state authDrities when sex
Dffenders are released within their borders and to. take Dther steps to. improve the
infDrmatiDn abDut federally cDnvicted sex Dffenders included in the natiDnal sex
Dffender registry.
I will SDDn submit to. CDngress the NatiDnal Crime PreventiDn and Privacy
�.,
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Compact to facilitate the exchange of criminal records by establishing an FBI
index of state-maintained criminal information that states can access nationwide.
The Compact would standardize policies for sharing of criminal records for
purposes such as pre-employment background checks for child care workers and
school bus drivers. It would improve access to criminal records and save the
states and the federal government money by avoiding duplication of effort. I
hope I can count on your support of the Compact as it moves through your State
legislature.
Many Federal laws --including the Brady Handgun Violence Prevention
Act, the Violence Against Women Act, and the National Instant Criminal
Background Check System --include provisions to help states automate and
improve their criminal records, especially to block handgun sales to prohibited
gun purchasers and allow for easy identification of criminal offenders subject to
"three strikes" laws. The Department of Justice's Bureau of Justice Statistics
(BJS) stands ready to help states reach this goal through the National Criminal
History Improvement Program. BJS has already awarded more than $112 million
to states, with a total of $226 million authorized. I urge your State to take full
advantage of this program.
As you know, the FBI's Uniform Crime Reporting Program gives us data
that help us measure our progress in reducing crime. The next generation ofUCR,
the National Incident-Based Reporting System, will usher in a new era of crime
data -- so that we can tell for example, that a crime was a hate crime, an incident
of domestic abuse, or a crime directed at a child. Such information will help law
enforcement agencies identify local and national trends, and lead to quicker arrests
of violent offenders. The Justice Department is working with states, counties,
and cities to expand the NIBRS. I hope that you will lend your support to this
effort.
With your State's active participation, we can make significant progress in
all of these initiatives. Your personal involvement is key in making this happen.
I look forward to working with you to achieve our mutual goal -- using new
technologies to make America safer for all our citizens.
Sincerely,
#####
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RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Richard Socarides ( CN=Richard SocaridesjOU=WHOjO=EOP [ WHO 1 )
CREATION DATEjTIME:12-SEP-1997 11:00:43.00
SUBJECT:
Mtg with National Asian Pacific American Legal Consortium
TO: Peter Rundlet ( CN=Peter RundletjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jennifer M. Palmieri ( CN=Jennifer M. PalmierijOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Joseph P. Lockhart ( CN=Joseph P. LockhartjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Beverly J. Barnes ( CN=Beverly J. BarnesjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Lynn G. Cutler ( CN=Lynn G. CutlerjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Richard Socarides ( CN=Richard SocaridesjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Ann F. Walker ( CN=Ann F. WalkerjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jose Cerda III ( CN=Jose Cerda IIIjOU=OPDjO=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Minyon Moore ( CN=Minyon MoorejOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Tracey E. Thornton ( CN=Tracey E. ThorntonjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Janet Murguia ( CN=Janet MurguiajOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Andrew J. Mayock ( CN=Andrew J. MayockjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Susan M. Liss ( CN=Susan M. LissjO=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: Maria Echaveste ( CN=Maria EchavestejOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Michael Wenger
READ: UNKNOWN
CN=Michael WengerjOU=PIRjO=EOP @ EOP [ PIR 1 )
TO: Judith A. Winston ( CN=Judith A. WinstonjOU=PIRjO=EOP @ EOP [ PIR 1 )
READ: UNKNOWN
TO: Ananias Blocker III ( CN=An°anias Blocker IIIjOU=WHOjO=EOP
READ: UNKNOWN
@
EOP [ WHO 1 )
TO: James T. Edmonds ( CN=James T. EdmondsjOU=WHOjO=EOP @ EOP [ WHO 1 )
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READ: UNKNOWN
TO: Robert B. Johnson ( CN=Robert B. JohnsonjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Doris O. Matsui ( CN=Doris O. MatsuijOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Cheryl D. Mills ( CN=Cheryl D. MillsjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Ann F. Lewis ( CN=Ann F. LewisjOU=WHOjO=EOP @ EOP
READ: UNKNOWN
[ WHO 1 )
TO: Thurgood Marshall Jr ( CN=Thurgood Marshall JrjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Robert N. Weiner ( CN=Robert N. WeinerjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Richard L. Hayes ( CN=Richard L. HayesjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Bob J. Nash ( CN=Bob J. NashjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Dawn M. Chirwa ( CN=Dawn M. ChirwajOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena KaganjOU=OPDjO=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Rahm I. Emanuel ( CN=Rahm I. EmanueljOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Jon P. Jennings ( CN=Jon P. JenningsjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Marjorie A. Black ( CN=Marjorie A. BlackjOU=PIRjO=EOP @ EOP [ PIR 1 )
READ: UNKNOWN
CC: Mary Morrison ( CN=Mary MorrisonjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Mona G. Mohib ( CN=Mona G. MohibjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Ora Theard ( CN=Ora TheardjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Ruby Shamir ( CN=Ruby ShamirjOU=WHOjO=EOP @ EOP
READ: UNKNOWN
[ WHO 1 )
CC: Angelique Pirozzi ( CN=Angelique PirozzijOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Laura Emmett ( CN=Laura EmmettjOU=WHOjO=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Michelle Crisci ( CN=Michelle CriscijOU=WHOjO=EOP @ EOP [ WHO 1 )
�ARMS Email System
READ: UNKNOWN
CC: Trooper Sanders ( CN=Trooper Sanders/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
CC: Jessica L. Gibson ( CN=Jessica L. Gibson/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Lori L. Anderson ( CN=Lori L. Anderson/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
cc: Edward F. Hughes ( CN=Edward F. Hughes/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
cc:
Elisabeth Steele ( CN=Elisabeth Steele/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Kevin S. Moran ( CN=Kevin S. Moran/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Laura K. Demeo ( CN=Laura K. Demeo/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: June G. Turner ( CN=June G. Turner/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
We will be meeting with representatives of the National Asian Pacific
American Legal Consortium to discuss their recent Audit of Violence
Against Asian Pacific Americans and to brief them about the upcoming White
House Conference on Hate Crimes on Monday, September 15th at lOam,
room
476 OEOB.
You are invited to attend.
Page 3 of3
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RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Eli G. Attie ( CN=Eli G. Attie/O=OVP [ UNKNOWN 1 )
CREATION DATE/TIME: 12-SEF-1997 11:24:53.00
SUBJECT:
Revised VP Satcher statement (with pumped-up tobacco language)
TO: Christopher C. Jennings ( CN=Christopher C. Jennings/OU=OPD/O=EOP @ EOP [ OPD 1
READ: UNKNOWN
TO: Lowell A. Weiss ( CN=Lowell A. Weiss/OU=WHO/O=EOP @ EOP [ WHO 1
READ: UNKNOWN
TO: Toby Donenfeld ( CN=Toby Donenfeld/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: Lorraine A. Voles ( CN=Lorraine A. Voles/O=OVP @ OVP [ UNKNOWN 1
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Paul E. Begala ( CN=Paul E. Begala/OU=WHO/O=EOP @ EOP [ WHO 1
READ: UNKNOWN
TO: Virginia M. Terzano ( CN=Virginia M. Terzano/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: Ron Klain ( CN=Ron Klain/O=OVP @ OVP [ UNKNOWN 1
READ: UNKNOWN
TEXT:
REMARKS BY VICE PRESIDENT AL GORE
NOMINATION OF DAVID SATCHER AS SURGEON-GENERAL
Friday, September 12, 1997
ID,m pleased to welcome Secretary Shalala; Dr. Satcher, his wife
Nola, and their wonderful family.
WeD,re also joined by Dr. Randolph
Smoak, the Secretary and Treasurer of the American Medical Association;
Dr. Nathaniel Murdock, President of the National Medical Association; and
Dr. Robert Graham, Executive Vice President of the American Academy of
Family Physicians.
This is an important day for the health of AmericaD,s children and
families.
In David Satcher, President Clinton has found that rare
combination of the personal and the professional -- someone whose profound
personal understanding of health and disease is matched only by his long
record of accomplishment in the fields of medicine and public health.
Dr. Satcher learned about illnes's and disease first-hand, when he
survived a near-fatal bout of the whooping cough as a young child -- and
he stands before us today, not only healthy and strong, but with a
demonstrated commitment to protecting our childrenD,s health. As one of
ten children growing up on a farm in Alabama, he knows the special
challenges of reaching out to remote and underserved communities, and
ensuring that all our people have access to quality health care.
And I
believe it is no coincidence that his own familyD,s experience with breast
cancer has been followed by years of leadership in treating and preventing
that all-too-common illness.
�,»
, . ARMS Email System
As Aldous Huxley once wrote, ·experience is not what happens to a
man -- it is what a man does with what happens to him.
I know David from
his presidency of Meharry Medical College in Nashville, Tennessee -- in
fact, Tipper served on the board during that time.
But he has also been a
highly distinguished medical professor and scholar; and a widely
recognized leader on issues ranging from cancer to sickle cell to food
safety.
But most important to me is Dr. SatcherO,s commitment to keeping
tobacco out of the hands and lungs of AmericaD,s children.
Smoking is the
greatest public health challenge in America today -- a deadly habit that
America has got to break:
ID,m proud that· this President has done more to
cut off childrenD,s access to tobacco than any President in history -- and
ID,m proud that he is nominating a Surgeon General who will be a true
field commander in the war against underage smoking.
WeD,ve been very, very lucky to have Dr. SatcherD,s leadership at
the Centers for Disease Control these past four years -- and weD,ll be
even luckier to have him as both our next Surgeon General and our
Assistant Secretary for Health -- fighting for the health of our children
and families, and bringing his tremendous experience and understanding to
bear as AmericaD,s family doctor. Now ID,m pleased to introduce President
Clinton, who can add this selection to his own very long list of
achievements in the area of public health.
Mr. President ...
Page 2 of2
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RECORD TYPE: PRESIDENTIAL
Page 1 of 7
(NOTES MAIL)
CREATOR: Michael A. Fitzpatrick ( CN=Michael A. Fitzpatrick/OU=OMB/O=EOP [ OMB ]
CREATION DATE/TIME: 12-SEP-1997 12:21:31.00
SUBJECT:
Draft Federalism Executive Order
TO: Robert G. Damus ( CN=Robert G. Damus/OU=OMB/O=EOP @ EOP [ OMB ] )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ] )
READ: UNKNOWN
TO: Kathleen M. Wallman ( CN=Kathleen M. Wallman/OU=WHO/O=EOP @ EOP [ WHO ]
READ: UNKNOWN
)
TO: Jefferson B. Hill ( CN=Jefferson B. Hill/OU=OMB/O=EOP @ EOP [ OMB ] )
READ: UNKNOWN
TO: Robert N. Weiner ( CN=Robert N. Weiner/OU=WHO/O=EOP @ EOP [ WHO]
READ: UNKNOWN
TO: Lisa M. Brown ( CN=Lisa M. Brown/O=OVP @ OVP [ UNKNOWN]
READ:UNKNOWN
)
)
TO: William P. Marshall ( CN=william P. Marshall/OU=WHO/O=EOP @ EOP [ WHO]
READ: UNKNOWN
CC: Sally Katzen ( CN=Sally Katzen/OU=OMB/O=EOP @ EOP [ OMB ]
READ: UNKNOWN
)
)
TEXT:
I've attached the most recent draft of the Federalism E.O. which
was drafted by our office and Bill Marshall. Bill, you might want to get
this to Randy Moss at OLC for his review.
Please forward any comments you
might have to Bill or to me by Wednesday of next week. Thanks.
==================== ATTACHMENT
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TEXT:
Unable to convert ARMS_EXT: [ATTACH.D55]MAIL44640545B.216 to ASCII,
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�Automated Records Management System
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· -1DRAFT (September 12, 1997)
Executive Order - - - - - - - -
Federalism
By the authority vested in me as President by the Constitution and laws of the United States of
America, and in order to restore the division of governmental responsibilities, embodied in the
Constitution, between the federal government and the States that was intended by the Framers to
ensure that the principles of federalism guide the Executive departments and agencies in the
formulation and implementation of policies, it is hereby ordered as follows:
Sec. 1. Definitions. For purposes of this Order:
(a) "Policies that have federalism implications" refers to regulations, legislative comments or
proposed legislation, and other policy statements or actions that have substantial direct effects on
the relationship between the federal government and the States, or on the distribution of power
and responsibilities among the various levels of government.
(b) "State" or "States" refer to the States of the United States of America, individually or
collectively, and, where relevant, to State governments, including units of local government, tribal
government, and other political subdivisions established by the States.
(c)
"Agency" or "agencies" mean any authority of the United States that is an "agency" under
44 US.c. 3502(1), other than those considered to be independent regulatory agencies, as defined
in 44 US.c. 3502(10) ..
Sec. 2. Fundamental Federalism Principles. In formulating and implementing policies that have
federalism implications, agencies shall be guided by the following fundamental federalism
principles:
(a) Federalism is rooted in the knowledge that our political liberties are best assured by limiting
the size and scope of the federal government.
(b) The people of the States created a federal government of limited powers. All other
sovereign powers are reserved to the States, save those expressly prohibited the States by the
Constitution, or to the people.
(c) The people of the States are free, subject only to restrictions in the Constitution itself or in
constitutionally authorized Acts of Congress, to define the moral, political, and legal character of
�-2-
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their lives.
(d) The nature of our constitutional system encourages a healthy diversity in the public policies
adopted by the people of the several States according to their own conditions, needs, and desires.
Effective public policy is often achieved when there is competition among the several states in
the fashioning of different approaches to public policy issues.
(e) The search for enlightened public policy is furthered when individual States and
communities are free to experiment with a variety of approaches to public issues. Uniform,
national approaches to public policy problems can often inhibit the creation of effective solutions
to those problems.
(f)
In most areas of governmental concern, the States uniquely possess the constitutional
authority, the resources, and the competence to discern the sentiments of the people and to
govern accordingly. In Thomas Jefferson's words, the States are "the most competent
administrations for our domestic concerns and the surest bulwarks against antirepublican
tendencies."
(g) Acts of the federal government -- whether legislative, executive, or judicial in nature -- that
exceed the limited powers of that government under the Constitution violate the principle of
federalism established by the Framers.
.
(h) Policies of the federal government should recognize the respon~ibility of -- and should
encourage opportunities for -- individuals, families, neighborhoods, local governments, and
private associations to achieve their personal, social, and economic objectives through cooperative
effort.
Sec. 3. Federalism Policymaking Criteria. In addition to the fundamental federalism principles
set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by
law, to the following criteria when formulating and implementing policies that have federalism
implications:
(a) There should be strict adherence to constitutional principles. Executive departments and
agencies should closely examine the constitutional and statutory authority supporting any federal
action that would limit the policymaking discretion of the States, and should carefully assess the
necessity for such action.
(b) Federal actions limiting the policymaking discretion of the States should be taken only
where constitutional authority for the action is clear and certain.
(c)
With respect to national policies administered by the States, the federal government should
�Automated Records Management System
-3grant the States the maximum administrative discretion possible.
State administration is neither necessary nor desirable.
H~~C~~moo
Intrusive federal oversight of
(d) It is important to recognize the distinction between problems of national or multi-state
scope (which may justify federal action) and problems that are merely common to the States
(which will not justify federal action because individual States, acting individually or together, can
effectively deal with them). In general federal action is warranted only in the following
circumstances:
(1) When the problem to be addressed by federal action occurs interstate as opposed to being
contained within one State's boundaries.
(2) When the source of the problem that is sought to be redressed occurs in a State different
from the State (or States) where a significant amount of the harm occurs. [This type of issue
often exists in the environmental area when the State which is the source of the environmental
harm is often not the State which suffers the greatest effed of that .harm.]
(3)
When there is a need for uniform national standards.
(4) When decentralization increases the costs of government thus imposing additional burdens
on the taxpayer. [For example, in an increasingly technologically and economically sophisticated
environment, regulatory intervention often requires the use of highly-skilled experts, analysts, and
accountants; and the costs inherent in maintaining this type of regulatory task force are quite
sizable. It is therefore less costly and far more efficient for there to be one regulatory authority
incurring the costs of these analysts and experts than to have fifty similar regulatory task-forces
throughout the country.]
(5)
When State and local governments have not acted to protect individual rights and liberties.
(6) When decentralized authority will lead to circumstances in which a State will be reluctant to
impose necessary regulations on its industry for fear of losing that industry to another State.
(7) When placing regulatory authority at the State or local level will seriously undermine
regulatory goals because enforcement costs will effectively place the regulatory matter beyond the
resources of State and local enforcement authorities. [As industries expand in size and complexity
and the dangers they pose to the society become more severe, the cost of monitoring and
regulating their activities also become greater. Federal action may be justified to assure that
industry does not escape regulation based upon its size alone.]
Sec. 4. Consultation. (a) Each agency shall develop an effective process to permit elected
officials and other representatives of State, local, and tribal governments to provide meaningful
�~utomated Records Management System
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-4and timely input in the development of regulatory policies that have federalism implications.
(b) To the extent feasible and permitted by law, no agency shall promulgate any
regulation that is not required by statute and that has federalism implications, unless the agency,
in a separately identified portion of the preamble to the regulation as it is proposed for public
comment in the Federal Register, provides a description of the extent ofthe agency's prior
consultation with representatives of affected State, local, and tribal governments, a summary of
the nature of their concerns [with its federalism implications], and the agency's position
supporting the need to issue the regulation.
Sec. 5. Increasing Flexibility for State and Local Waivers. (a) Each agency shall review its
waiver application process and. take appropriate steps to streamline that process.
(b) Each agency shall, to the extent practicable and permitted by law, consider any
application by a State, local, or tribal government for a waiver of statutory or regulatory
requirements in connection with any program administered by that agency with a general view
toward increasing opportunities for utilizing flexible policy approaches at the State, local, and
tribal level in cases in which the proposed waiver is consistent with the applicable Federal policy
objectives and is otherwise appropriate.
(c) Each agency shall, to the fullest extent practicable and permitted by law, render a
decision upon a complete application for a waiver within 120 days of receipt of such application
by the agency. If the application for a waiver is not granted, the agency shall provide the
applicant with timely written notice of the decision and the reasons therefor.
(d) This section applies only to statutory or regulatory requirements of the programs that
are discretionary and subject to waiver by the agency.
Sec. 6. Independent Agencies.
provisions of this order.
Independent regulatory agencies are requested to comply with the
Sec. 7. General Provisions. (a) This Order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other person.
(b) This ordershall supplement but not supersede the requirements contained in
Executive Order No. 12866 ("Regulatory Planning and Review") and Executive Order No. 12988
("Civil Justice Reform").
(c) Executive Order Nos. 12612 of October 26, 1987, and 12875 of October 26, 1993, are
revoked.
�~utomated Records Managernem System
H~ con'NSion
-5(d) This order shall be effective 90 days after the date of this order.
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Dawn M. Chirwa ( CN=Dawn M. Chirwa/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME: 12-SEP-1997 12:57:57.00
SUBJECT:
Civil Rights Enforcement
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
A few weeks ago, a "subcommittee" of our minority issues group drafted a
memo to Sylvia recommending that we convene the civil rights enforcement
officers at the agencies to discuss what could be done to ramp up civil
rights enforcement efforts government-wide.
(This was the same group that
Chris E. and Deval convened when reviewing government affirmative
action). Sylvia agreed and told us to go ahead and asked Chuck to
oversee. But, Susan Liss just let me know that, unbeknownst to us,
you
had already taken the bull by the horns and convened this group.
It probably makes more sense for it to be run from DPC, but, can I find
out what came out of your meeting, since I know Chuck is interested in our
office being involved as this effort goes forward?
Thanks, Elena!
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME: 12-SEP-1997 13:04:12.00
SUBJECT:
TO: ELENA (Pager) #KAGAN ( ELENA (Pager) #KAGAN [ UNKNOWN 1 )
READ: UNKNOWN
TEXT:
Reminder: after tobacco mtg is 2:00 FOP mtg. w/ COS
�....
ARMS Email System
Page 1 of2
I•
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Nelson Reyneri ( CN=Nelson Reyneri/OU=WHO/O=EOP [ WHO. 1 )
CREATION DATE/TIME: 12-SEP-1997 15:46:10.00
SUBJECT:
Mexico City/UNFPA
TO: Sandra Yamin ( CN=Sandra Yamin/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Ruby Shamir ( CN=Ruby Shamir/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Marjorie Tarmey ( CN=Marjorie Tarmey/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Gordon Adams ( CN=Gordon Adams/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Ann F. Lewis ( CN=Ann F. Lewis/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: David B Sandalow ( CN=David B Sandalow/OU=CEQ/O=EOP @ EOP [ CEQ 1 )
READ: UNKNOWN
TO: Martha Foley ( CN=Martha Foley/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Alphonse J. Maldon ( CN=Alphonse J. Maldon/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Katharine Button ( CN=Katharine Button/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Robert S. Kapla ( CN=Robert S. Kapla/OU=CEQ/O=EOP @ EOP [ CEQ 1 )
READ: UNKNOWN
TO: Janet Himler ( CN=Janet Himler/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Jacob J. Lew ( CN=Jacob J. Lew/OU=OMB/O=EOP @ EOP
READ: UNKNOWN
[ OMB 1 )
TO: Kay Casstevens ( CN=Kay Casstevens/O=OVP @ OVP [ UNKNOWN 1 )
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Philip A. DuSault ( CN=Philip A. DuSault/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
CC: June G. Turner ( CN=June G. Turner/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOwN
CC: Sylvia M. Mathews ( CN=Sylvia M. Mathews/OU=WHO/O=EOP @ EOP [ WHO 1 )
�Page 2 of2
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I
~
READ: UNKNOWN
TEXT:
There will be another meeting on Mexico City Policy on Monday, (Sept. 15)
from 2:30-3:30 in the Roosevelt Room.
The following offices/individuals
have been contacted and asked to attend.
Invitees:
sylvia Mathews
Martha Foley
Al Maldon
Maria Echaveste
Melanne Verveer
Ann Lewis
Jack Lew or Gordon Adams
phil DuSault
will Davis (NSC)
David Sandalow
Elena Kagan
Nelson Reyneri
OVP
Kay Casstevens
STATE
Meg Donovan
Kelly Clements on behalf Tim Wirth (out of town)
US AID
Adm. Brian Atwood
Jill Buckley
If you have any other suggestions regarding names of those you feel should
attend, as well as suggested agenda items, please let me know.
I can also be reached at 456-2016.
Thanks again for your help.
�Page 1 of2
ARMS Email System
~.
i!'
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Ruby Shamir ( CN=Ruby Shamir/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME: 12-SEP-1997 16:17:30.00
SUBJECT:
Tobacco Message Meeting
TO: Michael Waldman ( CN=Michael Waldman/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Christa Robinson ( CN=Christa Robinson/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Emily Bromberg ( CN=Emily Bromberg/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Elisa Millsap ( CN=Elisa Millsap/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Anne M. Edwards ( CN=Anne M. Edwards/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Julia M. Payne ( CN=Julia M. Payne/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Cynthia M. Jasso-Rotunno ( CN=Cynthia M. Jasso-Rotunno/OU=WHO/O=EOP @ EOP [ WHO
READ: UNKNOWN
TO: Barbara D. Woolley ( CN=Barbara D. Woolley/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jerold R. Mande ( CN=Jerold R. Mande/OU=OSTP/O=EOP @ EOP [ OSTP 1 )
READ: UNKNOWN
TO: Thomas D. Janenda ( CN=Thomas D. Janenda/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jon P. Jennings ( CN=Jon P. Jennings/OU=WHO/O=EOP @ EOP [ WHO 1
READ: UNKNOWN
TO: Anne E. McGuire ( CN=Anne E. McGuire/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Cecily C. Williams ( CN=Cecily C. Williams/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jeremy M. Gaines ( CN=Jeremy M. Gaines/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Julia R. Green ( CN=Julia R. Green/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jonathan Murchinson ( CN=Jonathan Murchinson/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Jennifer M. Palmieri ( CN=Jennifer M. Palmieri/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Toby Donenfeld ( CN=Toby Donenfeld/O=OVP @ OVP [ UNKNOWN 1 )
�ARMS Email System
READ: UNKNOWN
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
CC: Darby E. Stott ( CN=Darby E. Stott/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:
Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC:
Lori L. Anderson ( CN=Lori L. Anderson/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Mary Morrison ( CN=Mary Morrison/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
There will be a Tobacco Message Meeting in Ann Lewis' office on Monday
(B/IS) at lpm.
please confirm your attendance with me. Thanks.
Page 2 of2
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Page 1 of 1
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Marjorie Tarmey ( CN=Marjorie Tarmey/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:12-SEP-1997 17:04:52.00
SUBJECT:
Sunday AA Mtg
TO: Gene B. Sperling ( CN=Gene B. Sperling/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Judith A. Winston ( CN=Judith A. Winston/OU=PIR/O=EOP @EOP [ PIR 1 )
READ: UNKNOWN
TO: Dawn M. Chirwa
READ: UNKNOWN
TO: Charles F. Ruff
READ: UNKNOWN
CN=Dawn M. Chirwa/OU=WHO/O=EOP @ EOP [ WHO 1 )
CN=Charles F. Ruff/OU=WHO/O=EOP @ EOP [ WHO J )
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TO: Robert N. Weiner ( CN=Robert N. Weiner/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Cheryl D. Mills ( CN=Cheryl D. Mills/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: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Ora Theard ( CN=Ora Theard/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
CC: Melissa Green ( CN=Melissa Green/OU=OPD/O=EOP @ EOP [ OPD 1 )
.READ : UNKNOWN
CC: Marjorie A. Black ( CN=Marjorie A. Black/OU=PIR/O=EOP @ EOP [ PIR 1 )
READ: UNKNOWN
CC: June G. Turner ( CN=June G. Turner/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
The 2:00pm Sunday meeting has been resheduled to 10:30am on Sunday,
September 14, in room 180.
In addition to White House staff, Chris Edley
will be at the meeting.
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TVPE
001. email
DATE
SUBJECTfflTLE
0911211997
Phone No. [partial) (I page)
RESTRICTION
P61b(6)
COLLECTION:
Clinton Presidential Records
Automated Records Management System [Email]
WHO ([Kagan])
OAiBox Number: 500000
FOLDER TITLE:
[09/J 211 997-09/13/J 997)
2009-1006-F
vzl17
RESTRICTION CODES
Presidential Records Act - 144 U.S.c. 2204(a)]
Freedom of Information Act -15 U.S.c. 552(b)1
PI National Security Classified Information l(a)(l) of the PRAI
P2 Relating to the appointment to Federal office 1(0)(2) of the PRAI
P3 Release would violate 0 Federal statute l(a)(3) of the PRAI
b(l) National security classified information l(b)(l) of the FOJA)
b(2) Release would disclose internal personnel rules and practices of
an agency l(b)(2) of the FOJAI
b(3) Release would violate a Federal statute ](b)(3) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information ](b)(4) of the FOJA)
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOJA)
b(S) Release would disclose information concerning the regulation of
financial institutions l(b)(S) of the FOJA)
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of the FOJA)
P4 Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRAJ
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors la)(5) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRA)
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 5
(NOTES MAIL)
CREATOR: Laura Emmett ( CN=Laura Emmett/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:12-SEP-1997 17:51:5B.00
SUBJECT:
Weekly Report 9/12 as of 6:00
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD 1 )
READ: UNKNOWN
TEXT:
I know Mike Cohen is working on an item, and·I am sure Healthcare will
have something, but I have to run and catch a flight to Chicago. My
\;'\
number in Chicago isl
P6/(b)(6)
f I will leave my number with Signal. "-OJI.J
The entire tobacco green folder w~th all of the papers this week is above
my desk on the left side. Please call me if you need anything.====================
ATT CREATION TIME/DATE:
0 00:00:00.00
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Unable to convert ARMS_EXT: [ATTACH.D271MAIL429496459.216 to ASCII,
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�Automated Records Management System
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September 12, 1997
MEMORANDUM FOR THE PRESIDENT
FROM:
Bruce Reed
Elena Kagan
RE:
DPC Weekly Report
1. Welfare Reform:
New Republican Proposal on Workfare and Minimum Wage-House Ways and Means Human Resources Subcommittee Chairman Clay Shaw is trying to
gamer bipartisan support among Governors and House members for a bill that addresses state
concerns about the cost of workfare programs. Unfortunately it does so by significantly
weakening the welfare law's work requirements. The draft legislation requires states to pay the
minimum wage for work experience and community service programs, but it limits the number
of work hours to what states can afford to pay, based on the amount of their welfare grant plus
food stamps. The balance of a recipients' time could be spent on job search and education
activities. Thus, a welfare recipient could work 10 hours a week and do 10 hours of job search.
There is a concern that the legislation'S definition of "work experience" and "community service"
may be so broad that nearly all subsidized work could be defined as such, allowing low benefit
states to require less than 20 hours of work from nearly all their "working" recipients. The bill
would also exempt workfare positions from FICA and unemployment taxes, something that we
indicated during the balanced budget negotiations that we were willing to do.
Department of Labor lawyers are currently reviewing the legislative language to
determine if the bill weakens worker protections or minimum wage enforcement. If it does not,
then our grounds for opposition will rest solely on the weakening of the work requirements, an
issue on which we may not have many allies. We hear Chairman Shaw may unveil this
legislation at a press conference on Thursday, with a hearing and markup soon to follow. He
apparently plans to move the measure as a separate piece of legislation. As you may recall,
Speaker Gingrich told the Republican gathering in Indianapolis on August 22nd that enacting
legislation in this area would be a key priority for the fall "because the Clinton Administration,
working with the unions and the bureaucrats, is trying to undermine and destroy welfare reform."
�T,
Automated Records Management System .
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2. Education: Preliminary Injunction Denied in High Stakes Testing Case in North
Carolina. On August 29, the United States District Court for the Eastern District of North
Carolina refused to grant a preliminary injunction against a local school district policy which
requires all students in grades 3 through 8 to achieve a specified score on the North Carolina state
reading and math tests before they can be promoted to the next grade. Approximately 480
students have been retained as a result of the policy, which had been challenged on behalf of the
NAACP Legal Defense Fund and parents of 14 of the students affected. In denying relief, the
court found that the plaintiffs were "less than likely" to prevail on the merits of their claim,
Department of Education staff understands that the school district is adding additional measures
of student achievement for promotion purposes.
3. Crime: Juvenile Crime -- On Wednesday, a new report was released on crime
committed in the after school hours. The report-- which contains the most comprehensive data
on the prevalence of juvenile crime by time of day-- revealed that 41,8 percent of violent juvenile
crime is committed between 3pm and 8pm on weekdays. While the numbers are slightly lower
than a study that was previously cited, the data make clear that juvenile crime peaks in the after
school hours and emphasize the need for responsible supervision and constructive activities for
juveniles. The report was released by James Alan Fox of Northeastern University and Sanford
Newman of Fight Crime: Invest in Kids,
4. Crime: COPS -- Next week, the COPS Office will announce $23.8 million to fund
an additional 319 new or redeployed police officers. The grants will fund officers in 10 states,
bringing the total to more than 65,000 total officers funded throughout the country by the Clinton
COPS Program.
2
�"
Page 1 of2
ARMS Email System
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Michael Cohen ( CN=Michael Cohen/OU=OPD/O=EOP [ OPD ] )
CREATION DATE/TIME: 12-SEP-1997 19:18:11.00
SUBJECT:
weekly
TO: Laura Emmett
READ: UNKNOWN
( CN=Laura Emmett/OU=WHO/O=EOP @ EOP [ WHO]
TO: Elena Kagan ( CN=Elena Kagan/OU=OPD/O=EOP @ EOP [ OPD ]
READ: UNKNOWN
TEXT:
Hope its not too late.==================== ATTACHMENT
ATT CREATION TIME/DATE:
0 00:00:00.00
)
)
1 ====================
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D55]MAIL47512745J.216 to ASCII,
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�Automated Records Management System
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Education Weekly
1. National Tests: The Senate adopted our proposal to put NAGB in charge of the tests by a
strong bipartisan vote of 88-12. The amendment to the appropriations bill also included some
modifications to NAGB's membership, and gives it greater independence from the Education
Department. The House vote has been put off until next Tuesday or Wednesday. We continue
to face solid opposition from Republicans and from the Congressional Black and Hispanic
Caucuses.
Secretary Riley has sent a detailed letter to the Leadership Conference on Civil Rights, providing
the most detailed, specific and, we believe, satisfying responses to issues they and members of
both Caucuses have raised about the tests. While we do not expect this letter to change any
votes in either Caucus, we believe it can help create a better climate for our continued efforts to
find a basis on which we can ultimately win their support.
2. Senate Vote to create Education Block Grant: Shortly after voting to support your testing
proposal, the Senate voted by a 51-49 margin to combine almost all elementary and secondary
education programs into a block grant that would be distributed directly to local school districts.
Among the long list of programs effectively eliminated by this provision are Goals 2000, Charter
Schools, Technology Challenge Grants, Eisenhower Professional Develepment program, and
Safe and Drug Free Schools. Title 1 is also turned into a block grant, by eliminating any
requirements on the use of the funds. Secretary Riley has already indicated that this provision is
unacceptable, and we are working with other White House offices to determine the level of veto
threat most appropriate to issue.
�.. ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 4
(NOTES MAIL)
. CREATOR: Richard Socarides ( CN=Richard Socarides/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:13-SEP-1997 08:46:55.00
SUBJECT:
Politics Defeats Science in Needle Exchange Deabte as House
TO: Joshua Gotbaum ( CN=Joshua Gotbaum/OU=OMB/O=EOP @ EOP [ OMB 1 )
READ: UNKNOWN
TO: Sylvia M. Mathews ( CN=Sylvia M. Mathews/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Todd A. Summers ( CN=Todd A. Summers/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: Christopher C. Jennings ( CN=Christopher C. Jennings/OU=OPD/O=EOP @ EOP [ OPD 1
READ: UNKNOWN
TO: Maria Echaveste ( CN=Maria Echaveste/OU=WHO/O=EOP
READ: UNKNOWN
@
EOP .[ WHO 1 )
TO: Sandra Thurman ( CN=Sandra Thurman/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
TEXT:
---------~------------ Forwarded by Richard Socarides/WHO/EOP on 09/13/97
08:46 AM ---------------------------
Doug.Case @ sdsu.edu
09/12/97 11:40:00 PM
Record Type: Record
TO: Stuart D. Rosenstein, Richard Socarides
cc:
subject: Politics Defeats Science in Needle Exchange Deabte as House
NEWS from the
Human Rights Campaign
1101 14th Street NW
washington, DC 20005
email:
kim.mills@hrc.org
<A HREF=''http://www.hrc.org''>
WWW: http://www.hrc.org
</A>
FOR IMMEDIATE RELEASE
�ARMS Email System
Page 2 of4
Thursday, Sept. 11, 1997
POLITICS DEFEATS SCIENCE IN NEEDLE EXCHANGE DEBATE AS HOUSE PASSES
ILL-CONSIDERED AMENDMENT
Human Rights Campaign Calls on House-Senate Conferees
To Strike Measure From Final Bill
WASHINGTON -- Politics trumped science today as the House of
Representatives passed a wrong-headed amendment that would prevent the use
of federal funds for needle exchange programs, according to the Human
Rights Campaign.
"The House of Representatives turned a collective blind eye to
science today so that some members could sound tough on drugs," said Seth
Kilbourn, HRC's senior policy advocate for health issues. "What they did in
reality, however, was vote to strip local communities of this chance to
save lives.
"There is ample evidence that needle exchange programs save lives
by stemming the spread of HIV and AIDS without encouraging illegal drug
use. But a majority of the House decided not to let the facts get in the
way of demagoguing the issue."
By a vote of 266 to 158, the House passed an amendment to the $270
billion Labor-Health and Human Services appropriations bill. The amendment
would remove the ability of the Health and Human Services secretary to
allow local communities to use federal funds for needle exchange programs.
The amendment was originally written by Rep. Tom Coburn, R-Okla. It was
intrqduced by Reps. Dennis Hastert, R-III., and Roger Wicker, R-Miss.
The Senate version of the appropriations bill retains the
secretary's authority to determine federal policy.
"The Human Rights Campaign will work with House and Senate
conferees to make sure that the final bill allows science, not politics, to
lead this issue," Kilbourn said.
Needle exchange programs provide intravenous drug users with
sterile syringes in exchange for used ones. Such programs have been
implemented in more than 100 communities around the country, and have been
shown to stem the spread of HIV and other blood-borne diseases transmitted
through the sharing of injection equipment.
Approximately one-third of reported AIDS cases are related to
intravenous drug use.
Current law says that federal funds may not be used for needle
exchange programs unless the Department of Health and Human Services gives
the green light, which it has not done.
In February, a report by HHS found that needle exchange programs
are effective in slowing the spread of HIV and AIDS. Six federally funded
studies have reported that needle exchange programs reduce HIV transmission
and do not increase drug use.
Also in February, a panel of public health experts at the National
Institutes of Health concluded that needle exchange programs are a powerful
and proven weapon in the war against HIV and AIDS.
�Page 3 of4
· ARMS Email System
Plus, a majority of the American public -- 55 percent -- favors
needle exchange programs as a method to curb the spread of HIV and AIDS,
according to a bipartisan poll conducted for the Human Rights Campaign.
The poll found 55 percent "strongly favor" or "somewhat favor"
needle exchange programs while 38 percent "somewhat oppose" or "strongly
oppose" them. The poll was conducted for HRC by the Tarrance Group, a
Republican firm, and Lake Sosin Snell and Associates, Democratic pollsters.
The results are based on a survey of 1,000 registered voters contacted
between April 8-10.
The poll found that 64 percent of Democrats, 58 percent of
independents and 45 percent of Republicans favor needle exchange programs.
In addition, needle exchange finds support in ever region of the country,
with 64 percent of Americans favoring it in the West, 60 percent in the
Northeast, 51 percent in the South and 49 percent in the Midwest. The
poll's margin of error is +/- 3.1 percent.
In July, the American Medical Association endorsed needle exchange
programs, joining such groups as the American Public Health Association,
the Association of State and Territorial Health Officials, the National
Academy of Sciences, the National Alliance of State and Territorial AIDS
Directors, the National Black Caucus of State Legislators and the U.. S.
Conference of Mayors. The American Bar Association endorsed them in August.
The Human Rights Campaign is the largest national lesbian and gay
political organization, with members throughout the country. It effectively
lobbies Congress, provides campaign support and educates the public to
ensure that lesbian and gay Americans can be open, honest and safe at home,
at work and in the community.
- 30 *************************************************************
HRC-NEWS is a public email news service of the Human Rights Campaign,
providing you with up to the minute news releases and action alerts. You
can
instantly and easily subscribe or unsubscribe to HRC-NEWS via
http://www.hrc.org/hrc/hrcnews
or by sending an email to majordomo@lists.hrcusa.org.
The subject line
can
be blank, but on the top line of the body of the message either type:
SUBSCRIBE HRC-NEWS
or
UNSUBSCRIBE HRC-NEWS
The server is case sensitive so please type the above commands as shown. If
you have any problems, please contact Phil Attey at phil.attey@hrc.org
*************************************************************
==================== ATTACHMENT
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�Page 1 of6
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RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP [ OPD ] )
CREATION DATE/TIME: 13-SEP-1997 10:29:35.00
SUBJECT:
DRAFT Memo and Talking Points for POTUS meeting w/Feinstein
TO: Raymond E. Donnelly III ( CN=Raymond E. Donnelly III/OU=WHO/O=EOP @ EOP
READ: UNKNOWN
[ WHO]
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
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP
READ: UNKNOWN
[ OPD ]
)
TEXT:
Bruce/Elena/Michelle/Tripp:
Attached please find the Feinstein memo for everyone to review.
The
talkers may need some work, but the facts are pretty good (I think) .
Call me if you have q's or comments.
Jose'
==================== ATTACHMENT
1 ====================
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Unable to convert ARMS_EXT: [ATTACH.D23]MAIL47897355H.216 to ASCII,
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�DRAFT
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September 13, 1997
MEMORANDUM FOR THE PRESIDENT
FROM:
RE:
RAHM EMANUEL
BRUCE REED
MEETING WITH SENATOR FEINSTEIN ON FIREARMS ISSUES
Senator Feinstein will want to discuss three firearms issues with you that were
recently featured in a week-long LA Times series criticizing the California and federal laws
banning assault weapons. They include: (1) the importation of large capacity ammunition
feeding devices; (2) "copycat" or "sporterized" assault weapons; and (3) enforcing federal
firearms laws at gun shows. This memorandum summarizes these issues and provides some
suggested talking points for your meeting.
I. LARGE CAPACITY AMMUNITION FEEDING DEVICES
The assault weapons ban generally banned the possession of ammunition clips with a
capacity of more than 10 rounds, but specifically grand fathered those clips that were
manufactured on or before September 13, 1994. Initially, The Bureau of Alcohol, Tobacco and
Firearms (ATF), with guidapce from the Domestic Policy Council (DPC), interpreted this ban to
prohibit continued importation of all large capacity clips -- no matter when they were
manufactured. The thinking being that clips not in the country before the effective date could
not have been lawfully possessed at that time and were, thus, banned from importation.
Several importers, however, brought suit challenging this narrow interpretation of the
law, and the Department of Justice advised that the ATF/DPC position was not likely to hold up
in court and should be reversed. As a result, in July of 1996, ATF reinterpreted the clip
provision acknowledging that pre-ban clips could be imported, but requiring importers to present
reasonable evidence that clips to be imported were manufactured on or before the ban's
enactment. As of March 1, 1997, approximately 160,000 large capacity clips had entered the
country under 21 approved permits, and another 20 permits were denied for lack of evidence. In
total, 83 one-year permits have been approved seeking to import more than 2 million large clips.
(While there are no definitive numbers about how many domestically produced clips were grand
fathered, it is estimated that there are many millions of existing -- and reusable -" clips that will
last a lifetime.)
Senator Feinstein opposed the language in the assault weapons ban grand fathering large
and would support legislation to repeal it. This language, however, was inserted in conference
by Representative John Dingell, and Administration officials -- including former Chief of Staff
�'.
.'
Leon Panetta -- have been reluctant to seek its repeal.
Automated Records Management System
Hex-Dump Conversion
The Senator has also suggested that the Administration can, by executive order, further
restrict the number of large clips imported or increase the number of ATF agents investigating
the production of clips overseas. We are not optimistic about either of these options. First, as
previously mentioned, the Department of Justice has already overturned the ATF/ DPC initial
policy to ban the importation of all large clips. And second, ATF agents have no oversees
jurisdiction to conduct investigations and can only do so by convention or through mutual
assistance treaties.
II. "COPYCAT" OR "SPORTERIZED" ASSAULT WEAPONS
The assault weapons ban covers 19 named firearms, duplicates of those 19 by any other
name and semiautomatic weapons that accept a detachable magazine and possess at least two of
certain characteristics specifically outlined in the law (e.g., folding stocks, bayonet lugs, flash
suppressors, protruding pistol grips, etc.). Since passage of the assault weapons ban, some gun
manufacturers have adapted or "sporterized" their assault weapons to meet the law's criteria. As
a result, there are guns on the market with either similar names or similar features as assault
weapons, but that otherwise comply with the terms of the ban. In fact, despite their appearance,
some ofthese firearms -- such as the Israeli Military Industries Galil -- have been re-engineered
and are considerably more difficult to convert to fully automatic than their previous versions.
Nonetheless, a lucrative market still exists for "assault-type" weapons, and some manufactures
have sought -- either through brand names or appearances -- to continue to target this segment of
the market.
Senator Feinstein believes that we can do more to crackdown on these new "copycat"
versions of assault weapons. We do not think this is possible without additional authority from
Congress. This was a limitation of the assault weapons ban that the Administration and
Congress accepted when we decided to endorse the FeinsteiniDeConcini approach over
Representative Schumer's, which granted' the Treasury Department the authority to add or delete
firearms from the prohibited list.
III. ENFORCING FEDERAL FIREARMS LAWS AT GUN SHOWS
Gun shows and flea markets are the last bastion of completely unregulated and
undocumented firearms transfers. Most participants are private gun owners who do not sell
firearms for a living and are generally there to buy and sell from each others private collections.
As such, these secondary sales are generally exempt from most state and federal firearms laws,
including the 1968 Gun Control Act that gave the Treasury Department the authority to license
and regulate federal firearms dealers. However, time and time again anecdotal evidence has
shown that violations of state and federal firearms laws often take place at these shows. And
Senator Feinstein believes that ATF should police these shows more aggressively, and that it
should alter its current regulations to allow A TF agents to attend these shows.
ATF's current policy -- as of March 16, 1994 -- is that agents must get authorization from
�..
AU,Olmlted Records Management System
Hex-Dump Conversion
their local Special Agent in Charge (SAC) and have an intended subject or target before they can
attend a gun show. Prior to this date -- and as a response to congressional hearings on ATF's
internal policies and procedures -- ATF had an even more restrictive policy that required
approval from the Washington office before an agent could attend a gun show. This is no longer
the case, and A TF agents do attend gun shows in the course of investigations and to follow-up on
tips from legitimate gun dealers. ATF agents, however, do not attend gun shows without any
leads or information. It is worth mentioning also that ATF inspectors do attend and sponsor
booths at all of the major gun shows attended by manufacturers and gun dealers.
IV. SUGGESTED TALKING POINTS
•
Senator, I share your concerns with respect to the assault weapons ban and am willing to
use the full authority of the executive branch to make sure that we do our best to enforce
the ban.
.•
In fact, on three separate occasions I have taken executive action to crackdown on assault
weapons and gun dealers. In August of 1993, I banned the importation of assault pistols
and toughened requirements for federal gun dealers. And in May of 1994, for foreign
policy reasons, I banned the importation of firearms from China -- including millions of
assault-type weapons and large capacity clips.
•
Equally important, we have tried to interpret the provisions of the assaults weapons ban
as strictly as possible, but I understand that we were suited and forced to change our
position.
•
So I think we will need to pass new legislation that expands Treasury's authority if we
want to ban more guns and more clips -- and you know that will not be easy. But I am
pleased to ask Rahrn Emanuel, Bruce Reed and our attorneys to take one more look at the
law and your suggestions, and to see if there is anything more we can do short of
legislation.
•
With respect to gun shows, I think you have hit on an important but difficult issue. We
have had so much success with Brady, the assault weapons ban and reforming the federal
firearms licensing system. And gun shows should not be allowed to undermine these
efforts.
•
While it seems that we have little authority in this area, I agree with you that there must
be more we can do. Again, I would like to ask Rahrn and Bruce to do some research on
this and see what administrative options are available to us -- to see what more we might
be able to do in terms of enforcing federal firearms laws at these shows.
�..
Page 1 of6
ARMS Email System
RECORD TYPE: PRESIDENTIAL
(NOTES MAIL)
CREATOR: Jose Cerda III ( CN=Jose Cerda III/OU=OPD/O=EOP [ OPD ] )
CREATION DATE/TIME:13-SEP-1997 13:39:14.00
SUBJECT:
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
TO: Bruce N. Reed ( CN=Bruce N. Reed/OU=OPD/O=EOP @ EOP [ OPD ]
READ: UNKNOWN
)
)
TEXT:
Cleaned this up some, and incorporated some Hilley edits. jc3
==================== ATTACHMENT
1 ====================
ATT CREATION TIME/DATE:
0 00:00:00.00
TEXT:
Unable to convert ARMS_EXT: [ATTACH.D81]MAIL47249455Y.216 to ASCII,
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�Automated Records Management System
H~Convmion
DRAFT
September 13, 1997
MEMORANDUM FOR THE PRESIDENT
FROM:
RE:
RAHM EMANUEL
BRUCE REED
MEETING WITH SENATOR FEINSTEIN ON FIREARMS ISSUES
Senator Feinstein wants to discuss 3 firearms issues with you that were recently
featured in an LA Times series criticizing the California and federal laws banning assault
weapons. These include: (1) the importation oflarge capacity ammunition feeding devices; (2)
"copycat" or "sporterized" assault weapons; and (3) enforcing federal firearms laws at gun
shows. This memorandum summarizes these issues and provides some suggested talking points
for your meeting.
I.
LARGE CAPACITY AMMUNITION FEEDING DEVICES
The assault weapons ban generally prohibited the possession of ammunition clips with
a capacity of more than 10 rounds, but specifically grandfathered clips manufactured on or before
September 13, 1994. Initially, The Bureau of Alcohol, Tobacco and Firearms (ATF), with
guidance from the Domestic Policy Council (DPC), interpreted this prohibition to include the
continued importation of all large capacity clips -- no matter when they were manufactured.
This interpretation was based on the fact that clips not in the country before the effective date
could not have been lawfully possessed at that time an, thus, were banned from importation.
Several importers, however, brought suit challenging this narrow interpretation of the
law, and the Department of Justice advised that the ATF/DPC position was not likely to hold up
in court and should be reversed. As a result, in July of 1996, ATF reinterpreted the clip
provision acknowledging that pre-ban clips could be imported, but requiring importers to present
reasonable evidence that clips to be imported were manufactured on or before the ban's
enactment. Thus, as of March 1, 1997, approximately 160,000 large capacity clips had entered
the country under 21 approved permits; another 20 permits had been denied for lack of evidence;
and a total of 83 approved permits seeking to import more than 2 million large clips remained
outstanding. (NB: There are no definitive numbers about how many domestically produced
clips have been grandfathered, but it is estimated that there are many millions of existing -- and
reusable -- clips that will last a lifetime.)
Senator Feinstein opposed the language in the assault weapons ban grandfathering large
clips and supports repealing it. This language, however, was inserted during the crime bill
conference by Representative John Dingell, and Administration officials and Members of
Congress involved in the negotiations have been reluctant to seek its repeal.
�Automlited Reoords Management System
Kelt.J,ump Conversion
The Senator has also suggested that the Administration can, by executive order, further
restrict the number of large clips imported or increase the number of A TF agents investigating
the production of clips overseas. Weare not optimistic about either of these options. First, as
previously mentioned, the Department of Justice has already overturned the ATFI DPC initial
policy to ban the importation of all large clips. And second, ATF agents have no oversees
jurisdiction to conduct investigations and can only do so by convention or through mutual
assistance treaties with other countries.
II. "COPYCAT" OR "SPORTERIZED" ASSAULT WEAPONS
The assault weapons ban prohibits 19 specific firearms, duplicates of those 19 and other
semiautomatic weapons that meet various criteria (i.e., those that accept a detachable magazine
and possess characteristics such as folding stocks, bayonet lugs and flash suppressors). Since
passage of the assault weapons ban, some gun manufacturers have adapted or "sporterized" their
assault weapons to meet the law's criteria. As a result, there are guns on the market today with
either similar names or certain similar features as assault weapons, but that otherwise comply
with the terms of the ban. In fact, despite their appearance, some of these firearms -- such as the
Israeli Military Industries Galil -- have been re-engineered and are considerably more difficult to
convert to fully automatic than their previous versions. Nonetheless, a lucrative market still
exists for "assault-type" weapons, and some manufactures -- either through brand names or
appearances -- continue to target this segment of the market.
Senator Feinstein believes that we can do more to crack down on these new "copycat"
versions of assault weapons. We do not think this is possible without additional authority from
Congress. This was a limitation of the assault weapons ban that the Administration and
Congress accepted when they decided to endorse the FeinsteinlDeConcini approach over
Representative Sch~mer's. The Schumer ban granted the Treasury Department the authority to
add or delete firearms from the prohibited list.
III. ENFORCING FEDERAL FIREARMS LAWS AT GUN SHOWS
Gun shows and flea markets are the last bastion ofumegulated and undocumented
firearms transfers. Most participants are private gun owners who do not sell firearms for a
living and are generally there to buy and sell from each others' private collections. As such,
these secondary sales are generally exempt from most state and federal firearms laws, including
the 1968 Gun Control Act that gives the Treasury Department the authority to license and
regulate federal firearms dealers. However, anecdotal evidence repeatedly has shown that
violations of state and federal firearms laws often do take place at these shows. Senator
Feinstein believes that ATF should amend its internal poliCies and police these shows more
aggressively.
As of March 16, 1994, ATF's policy on gun shows provides that agents must get
authorization from their local Special Agent in Charge (SAC) and have an intended subject or
target before they can attend a gun show. Prior to this date -- and in response to congressional
hearings on ATF's policies -- ATF had an even more restrictive policy that required approval
�Automated Recorda Management System
Hex-Di.lli\P Conversion
from the Washington headquarters before an agent could attend a gun show. This is no longer
the case, and A TF agents do attend gun shows in the course of investigations and to follow-up on
tips from legitimate gun dealers. Additionally, ATF inspectors do attend and sponsor booths at
all of the major gun shows -- those attended by manufacturers and gun dealers, not just private
collectors -- and disseminate information on federal gun laws.
IV. SUGGESTED TALKING POINTS
•
Senator, I share your concerns with respect to the assault weapons ban and am willing to
use the full authority of the executive branch to make sure that we do our best to enforce
the ban's provisions.
•
In fact, on 3 separate occasions I have taken executive action to crack down on assault
weapons and gun dealers. In August of 1993, I banned the importation of assault pistols
and toughened requirements for federal gun dealers. And in May of 1994, for foreign
policy reasons, I banned the importation of firearms from China -- including millions of
assault-type weapons and large capacity clips.
•
Equally important, we have tried to interpret the provisions of the ban on large capacity
clips as strictly as possible, but litigation forced us to change our position.
•
So, unfortunately, I think we will need to pass new legislation that expands Treasury's
authority if we want to include more guns and more clips -- and you know that will not be
easy. But I am pleased to ask Rahm Emanuel, Bruce'Reed and our attorneys to take one
more look at the law and your suggestions, and to see if there is anything more we can do
short of legislation.
•
With respect to gun shows, I think you have hit on an important issue. We have had
much success through the Brady Bill, assault weapons ban and reforms to the federal
firearms licensing system, and gun shows should not be allowed to undermine these
efforts.
•
Still, it seems that we have little authority in this area, and that Congress has a history of
restricting ATF's ability to aggressively enforce our gun laws. But I agree with you that
there must be more we can do. Again, I would like to ask Rahm and Bruce to do some
research on this and see what administrative options are available to us -- to see what
more we might be able to do in terms of federal enforcement at these shows.
�ARMS Email System
RECORD TYPE: PRESIDENTIAL
Page 1 of 1
(NOTES MAIL)
CREATOR: Sylvia M. Mathews ( CN=Sylvia M. Mathews/OU=WHO/O=EOP [ WHO 1 )
CREATION DATE/TIME:13-SEP-1997 16:42:33.00
SUBJECT:
Roe anniversary
TO: Anne D. Cutler ( CN=Anne D. Cutler/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: Audrey T. Haynes ( CN=Audrey T. Haynes/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: Nelson Reyneri ( CN=Nelson Reyneri/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Ellen M. Lovell ( CN=Ellen M. Lovell/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TO: Maria Echaveste ( CN=Maria Echaveste/OU=WHO/O=EOP @ EOP [ WHO 1 )
READ: UNKNOWN
TEXT:
What is the day?
�
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
An unambiguous reference to the resource within a given context
2009-1006-F
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Clinton Presidential Records: Automated Records Management System
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Creator
An entity primarily responsible for making the resource
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
A point or period of time associated with an event in the lifecycle of the resource
1995-1999
Extent
The size or duration of the resource.
2945 folders
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
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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[09/12/1997 – 09/13/1997]
Creator
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WHO
Automated Records Management System
Identifier
An unambiguous reference to the resource within a given context
2009-1006-F
Is Part Of
A related resource in which the described resource is physically or logically included.
Email Received by Elena Kagan
<a href="http://catalog.archives.gov/id/574745" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: Automated Records Management System
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
Date Created
Date of creation of the resource.
6/18/2010
Source
A related resource from which the described resource is derived
ARMS - Box 065 - Folder 008
574745