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E X E CUT I V E
OFF ICE
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rr H E
F
PRE SID E N T
3l-0ct-1994 07:31pm
TO:
Carol Ho Rasco
·FROM:
Stephen C.Warnath
Domestic Policy Council
SUBJECT:
civil rights mtg
Carol
I am waiting to hear from the Attorney yeneral's office. and·
Alice's office ab.out whether they can meet tomorrow.
I f Tuesday's. ·meeting of the principals bccurs, it is mostly to
have a last get-together prior to the start of the work of the
Group as a whole.
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There are several matters that should be talked about.
The main
problem is that we have wanted to havet he benefit of using
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Deval 's strategic plan as the framework l for our work and -Justice"
has not released a draft of it to us. [have been told that it is
in Jamie's office now. So the first ma,tterto discuss wou~d be
when we can get a copy' of the plan or alt least relevent pOl.nts
from the plan that would permit us to go forward as we .
anticipated.
If this meeting does not !occur, we need to·push
a little bit to get this thing released.
I told them today that
even if they cannot get this thing offilciall.y cleared, they should
provide.me with the relevent·draft recbmmendations for internal
discussion purposes so that we can prodeed.
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In lieu of that, OMB staff has put together what they call. an
"issue menu" of possible areas that th~ working group could
address initially. This is loosely ba~ed upon discussions that I.
have been involved in although it is r~ally just a laundry list of
possible topics. I have be~n told thatlyou should get this list
tonight or tomorrow morning after Alic~ looks at it. The list is
of limited help though because it merely lists issue topics.
~Iissues.
I think that we want to address Title
Title VI is an
underutilized civil rights tool that i~ intended to prohibit
discriminiation on the basis of race,' bolor, or national origin in
federally assisted projects and progra~s.
It applies to
recipients of federal funding. Obvioufly, there is a lot that
could theoretically be done here.
I know that Deval also wants to
do· this.
PHOTOCOPY
PRESERVAT!ON
�The biggest question then is what else ~o begin to focus t~e
Working Group on immediately. I am cer~ainly willing to defer
largely to Deval's opinion on this. Ob~iously, whatever we
identify to focus on immediately will dot preclude our working on
other important issues beginning in the' next few months as we see
how best to use this interagency mechariism.
The Presidential Memorandum directs thJ Working Group to present
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to the President and Cabinet a "brief progress" report at least
every six months. If the Memorandum is the starting date for the
first six months then the first report/is due in February.
We need a final determination of who is allowed to attend Working
Group meetings. The Memorandum calls fbr agency heads.
I
recommend that the Working Group insist on attendance of
principals because we want high level attention to these issues.
If a principal cannot make it to a par~icular meeting then they
could designate an Assistant secretar~ to take their place for
that meeting. Agency civil rights experts would participate as
members of the subgroups that will do /the work and present their
work product to the Working Group.
Do you agree that this is the
best way to ensure that civil rights gets the proper level of
agency attention? This subject should be resolved at the Tuesday
meeting.
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Unless there is an objection, we should schedule the working
group meeting within 2 1/2 weeks. Ev~n if it is just to get
together and presentations by Deval artd perhaps Gil Casellas.
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Deval and Chris will be attending with the A.G. and Alice if the
meeting goes forward.
Thanks. Steve.
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',Chris - -' Let's, aoi t. 1. know', that, Just'ice 'wanted to h~;e' a full "
'. me~tingbefore', th~ end'of :~he month and'iwe. held' Of~ be~ause. th~'
, ' November, '1st 'meet~ng was ' , ' , asa . p:lann~ngmeet~ng ~ " So' ~f we" ,
b~lled
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can ptJllthistdgether properly ina week, let's do, it.; , .Otherwi'se
, let's definiitely db it, the fol·lowing w~e!~.' I know'OMB i s ',crazy,
,busy now wi th'"budge.t development,' so' what",wiil 'work bestfqr you? ,
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ju~tice
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Th~ a~~oun6em~n~l.invit~t:iO~
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'has asked :usnpt' td get''. an;
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~h~fir~tmeeting . so ,~~is. meeting, wQu~dlnec7s'saril~ 'be'
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~ntroductory ,and,~n,format~onal.
'I ,th~nk., ,t,hatJust~ce 'would','",
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. <;1escribe their civil righ~sactivitiesand' t;:heirst~ateglc plan. '
Perhaps ~e could also"have, Gil com~ and Italk abou1:hi~:vision for,,~
mak~ng' the EEOC .better, fulfill its'missfon'.
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th~ ~bilectiv~
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Carol, The A.G. and the ,Director and onlWhite House letterhead 'or'
W. H. fax sheet.' Thl.s will enh'arlce the ]ike'lihood ,that the Working
Group' will receive' the"'attention from the agencies that will: be
required' to"ma~e th'is:'work.: 'Also" the. Memorandum identifies the
, m.:mbers, of the Gro'up. as: the, agency ,head~t' arid. 1# assume that we ','
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3/17/95
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FAX phone # _'~~__~____________
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Office Phone # "514":'2151
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SUBJECT:
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births, 'for the, civiI', 'Rightswo:t~inq' Gro~p m~et~ng o~ Monday.
Also attached is the :memo: that was S~l,1t to them.'" Please clear
them~n./for the meeting.:, :rhan:~, yo9,' '
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U.S•. DePartment of Justice
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Office of the AasiStant Attorney General
MAR I 7 199.'5
,X E It 0 R A II DU X,' .
TO:
, PROK:
WORKING GROUP 011 CIVIL RIGHTS',
DEVAL L. PAtRICK, .,
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. ASSISTANT ATTORNEY GENERAL FOR CIVIL RIGHTS'
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RE:
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KEETING ON MONDAY, KARCH 21, 3':00 P.X.
ROOX'472 'OBOB
, , ' We will meet on Monday, .March 20,~995, at 3: 00, p.m. ,in
Room 472 of the OEOB. !We will try to ensure that everyone is
cleared 'in.
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. We will· focus on the on<]oing discussions about
affirmative action, and we. wIll discuss the ·review currently
underway.
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, We have been asked by the Affirma"tilveActionReview
Team~o provide,J;>y Tuesday, ':larch 2e, a .,!compilation of the
positl.ons on affl:.rmative ·actl.on already Itaken by the
Administration. Could'each of you please put together a list ,of '
positions that your' agency has:taken, id cases, policy guidances,
or regulations, since, the' beginning of t:he Administration. We
will compile the material and send it td the Review Team. If you
have, any questio~s about t~is re,quest,~lea~e call Helaine
Greenfeld (514-6860) or Susan Liss (514~'4016).'
. Distribution:
,Achtenberg, Roberta
Anderson, Bernard
Califa, Antonio,
, cantu" Norma' ,
coseilas, Gilbert,
Gonzales, Claire
'Hyashi, Dennis'
Igasaki, Paul
Taylor, Burton
Varqyas, 'Ellen'
Wilcher, Shirley
Williamson, Thomas
Winston, 'Judith
cc: SusanLiss
Helaine Greenfeld
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E X E CUT I V E
OFF ICE
o
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THE
PR E SID E N T
09-Jan-1995 09:49am
TO:
Heather Beckel
FROM:
Carol H. Rasco
Economic and Domestic Policy
CC:
Stephen C. Warnath
SUBJECT:
Message for'George
George: Leon mentioned in the 8:30 a.m. meeting a group he has
asked you to set up on,the California Af~irmati~e Action issue.
Please make sure Steve Warnath of my staff is involved; he staffs
for the DPC the Interagency Group on civil Rights which was set up
by E. O. of the President and is co-chai~ed by Justice and OMB.
The issue of California has come up in s6me .of those meetings.
Thank you.
PHOTOCOPY
PRESERVATION
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P:R.E S. IDE N, T
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,Lori 'L., VictoI':"
O·ffice of Mgmt I, qnd' Budget;,· EG,
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Chris will,r~view the Civil. Rights, FY96' Budget 'on Oct.· 24 from
'4: 30..:..6·inEdley' s office. DevalPatrickl will also be· 'in
'attendan~e al~mg~:i th Chri,s i • st~ff
Willi y~u be.' able to. makei t?
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EQUAL EMPLOYMENT' OPPORTUNITY COMMI'SSION '.
. Washington, DC 20507
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the Chairman'
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Mr.·. Steve Wamath
The White House :Domestic Policy Council
217 Old Executive Office Building.
Washington, D.C. .20500 .
.
I write to you because .of; your interest in the work pf the EEOC, and. to share with
you where we are in the process: of responding to the many challenges we face here.'
'ol
October 3, 1994, I was
As YOU' know, when I assumed the Chairmanship
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confronted with. an agency beset with m~ny ~ignificant and I.~e~qiiilgly: ~Ils~rmountable
challenges, including: a nearly $5 million budget deficit for fiscal year 1995; an intractable
labor-management relationship; .nearly-lQO,OOOuirresolved Iprivate sector charges; a .
dedicated, but overwhelmed, staff; and -four other Commissioners who were anxious to
contribute to, but historically .not included in, efforts at ov6rcoming the.agency's m~my
challenges .. Finally, Collllt;lissionmeetings were rarely heltl and 'thepublic'fs access to the
agency had become' limited ..
I am pleased to report some significant progress. F1irst, the budget challenges .are,
being addressed aggressively. We began. FY 95 with an aRPropriation that was $5 million
less than the projected costs we will incur in 1995. Appro:kimately 90% of our projected
costs are non-discretionary, that is salaries, rent and overh6eid. 'Thus, the' bulk of the $5
million deficit must come from the approxllnate '$20 ml11io~ of "disc'reti~nary" funds. 'This
discretionary budget includes those items essential to our,ork:litigation'support! including
transcript costs, travel, expert witness and the like; employ~e, training; computer .technology .
(which is currently antiquated or'nonexistent);administratiJe travel and support; .and .
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education, outreach, and technical a~sistanc'e. .
We have implemented. several cost .s~ving' inithltives such as' redu~illg administrative
travel, delaying equipment purchases, and limiting new hires. We requested and received
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appr<?val from the Office of Personnel Management to offer an e~rly' out retirement
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�Mr. Warnath
Page Two
opportunity for agency employees, thus providing an additional means by which savings
could be realized. We are also giving favorable consideration to employee requests for part
time employment or extended leave without pay for persodallprofessional reasons.
Although these efforts have helped reduce costs, cubent estimates still reflect a
significant agency shortfall for this fiscal year. Consequerltly, it is obvious that additional
efforts must be made to achieve savings and eliminate the heed for more extreme measures.
Second, the labor-management challenge is the one !most successfully addressed to
date. Upon my arrival, I begaria dialogue with. labor rep~esentatives that h£iS resulted in
resolution of all litigation relating to our invalidated empioyee performance appraisal system.
In addition, 96 of the 98 pending employee grievances hav~ been resolved through
negotiation instead of litigation; a high-exposure dispute relating to overtime compensation
has also been resolved through negotiation; and a process i~ in place for negotiating new
provisions of our long-expired collective bargaining agreerri.ent and for a new performance
appraisal system. .These breakthroughs not only demonstr~te our commitment to a true
partnership with our employees, but our willingness to tackle seemingly impossible
challenges and to overcome them.
Third, we have moved aggressively and creatively to address some of the underlying
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causes of our enormous backlog of pending charges. In November, I established 3
Commissioner-led task forces. This is the first time in the ICommission's history that all
Commissioners have been involved in leading such a fundamental review of policy and
operations.
The Charge Processing Task Force, led by Vice Chairman Paul Igasaki, is charged
with conducting a "clean sheet" review of our charge proce:ssing system, examining
fundamental assumptions of how we do our core work. The task force has held meetings
throughout the country with agency employees, charging pJrties, groups who represent the
interests of charging parties, employer groups, and others. Commission~rs R. G~ul1
Silberman and Paul Steven Miller chair the taskforce on Alternative Dispute Resolution
(ADR) and are preparing a set of recommendations for the !adoption by the Commission of
appropriate forms of ADR to enhance the charge processing system. Commissioner Joyce E.
Tucker is leading a task force examining our relationship ,ith the state and local fair
employment practices agencies searching for ways to impro~e upon the relationship with and
the work performed by these agencies. The task forces have followed my recommendation
that they seek input both within the agency and outside the kgency from among the many
groups and organizations that have a stake in what we do.
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�Mr. Warnath
Page Three
Additionally, we have embarked on an aggressive ~ffort to "reinvent" the Commission
consistent with the principles embodied in the President's National Performance Review.
By being open, accessible, and creating an environment inlwhich bold ideas are encouraged,
we are beginning to realize progress. Collectively, we are clarifying our mission;
identifying methods to streamline our processes so that they are quality driven and result in
increased efficiency and effectiveness; and creating a culture which values employees and
embraces the principles of partnership and participatory m~nagement. My vision for the
Commission is that it will preserve these organizational values and become a national model
of commitment to continuous institutional improvement.
Finally, we have worked hard to reopen the Commission to the public. I have
established regular monthly Commission meetings with incteased outreach to the public,
Congress, and the media. I have ordered the development Iof an aggressive education and
outreach plan to reach historically underserved communities (Hispanics, Asian Pacific
Americans, and Native Americans). I have also asked tha~ quality customer service be a
priority in all our dealings with the public.
These efforts have had a positive effect throughout the agenCy. Employees feel re
energized as we make sincere efforts to solicit their input. I Our relationship with and
involvement of our labor union in all of our efforts has engendered a sense of true employer
employee partnership. I hope that my visits to 9 of our field offices and personal contact
with over 1100 of our 2900 employees has also assisted in that effort.
Much remains to be done but we have come a long Iway in fulfilling the pledges I
made at last summer's confirmation hearings: that we are ppen for business and will be
accessible and user friendly; that we will operate as a business, reinventing ourselves into an
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efficient and effective organization; and that we will remain a strong law enforcement
agency that means business in vigorously enforcing the law's within our mandate.
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We still face an enormous budgetary challenge for tt1e remainder o.fthis fiscal year.
We are encouraged for next year by President Clinton's 1996 budget which would give the
agency a much needed 15% increase to $268 million .. Thi~ increase would fund the many
positions for which we have been authorized for years, but Ihave been unable to support.
This increase will allow us to assign these additional persoqnel to the field, to implement an
integrated information technology program, and to engage in the employee training so vital to
accomplishing our mission.
�Mr. Warnath
Page Four
Our final and most formidable challenge is to remind the American public and our
lawmakers that the tens of thousands of pending charges rbpresent real people who seek
nothing more than to avail themselves of the only process \through which their rights to equal
employment opportunity can be considered. What we do is indeed a noble mission.
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Unfortunately, the promise of equal employment opportunity remains unfulfilled.
We continue to value and welcome your input, sUglestions, and support.
·
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ilbert F. Casellas
Chairm~n
s/p:chairs.ltr
3/12/95-2:20pm
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TO:
C. 'Warnath
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Office :of, Mgmt arid, Buo.get g , EG
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,Ubshington, D.C. 20035
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Office of the Assistant AUomey General
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Mr, Stephen Warnath
Domestic Policy Council
The White House
224 Old Executive Office Building
Washington, D.C. 20500·
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Dear Mr. Warnath:
{
During the year or so 'since I have been on the job, the
Civil Rights Division has broken nearly eJvery record in its
history in terms of cases filed, investidations opened and
landmark advances in development of the ]aw. , I consider it a
privilege to be serving with such a dedidated, hardworking'and
effective group of professionals in the D(ViSion.
It is with great pleasure that I inv;ite you to join' in our
celebration of the achievements of the CiVil Rights Division.
The ceremony will take place on Friday, Jhne 9, 1995 at
2: 00 p. m. at the Depart,ment of Justice in the Great Hall.
Please have your staff contact Susan Liss or Juanita
Hernandez in my office at 514-2151 with your response.
Thank
you.
C\SS~~
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.' Deval L. Patrick \
Asslstant Attorney General
Civil Rights Divisi6n
PHOTOCOPY
PRESERVATION
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There (has been a slight/change, in 'plans,regarding the Civil Rights
Crosscut. "Sta~f; w.i~l m,aet o~ Monday, oc~6ber 2~ with Chris. E~ley'
· ",for' a· planning sess1.on.,for 1/2 hour,. Th~ C~Cr9sscut· PAD revJ:.ew,
"!,isnow·schedule.d for· Friday, October,-28th f:rbm 4:30pm
6:00pm.
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Margaret R~'Shaw ,
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Kenneth L.' Schwartz ',"',
Susan M. Carr
Adrien ~. Silas ,
<Francis-S. Redburn
Duane E. Jenkins
,Bradley W~ ":Kyser " '"
Lori -L.' Victpr" .
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FROM:,
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Christopher, F. Edley" Jr
Office of 'Mgmt 'and Budget, EG
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RE: Civil Rights Working) Group principaisMtg
'Pri';CiPal~'
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meet.1
·'FDr the CiVil.Righ1;s wprkir:g Group.
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suggest that it' be :Principals plus' one; '6xce'pt ,for, the, three
"co.,-,chairs" 'Who should feel free to b;CiI191 as many as',1;:heywaht
, : since', thoEle' are tl)e,three who ,Will, :hav,a. IO:'?~iV~ this "prq~es~~
'By,pr.tncip~ls-pltis~one,I'meari that,if thePr1nc1pal ci!in't come,
just' onj3 ,per,son ,can come~", '
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Warnath ,-- okay with, you?,?
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CC: ,Margaret 'R·.' Shaw
CC: ,Adrien Lo'Silas" ,
'CC:SusanM. Carr
ct·:' ._Kenneth L. Schwartz
'CC:', B:z;-adley W:, Kyser :
CC~Stepheri; C. ,Warnath
CC: Rebecca A. Wayne:,
CC:
Patricia\ J. 'Watson'
CC: Anifa D~ Ford.
CC:, 'Elizabeth' M~, DiGennaro'"
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RE: Civil "Rights'
SUBJECT:
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'Yes; 11 ,a.m. on Obt'~ 25wiil"wo;r:-k for the'SSAjINS da'tabase' , , ' , I ,
, , meeting;; , Please ,work 'w~tl1 Roz" 'ori people to -be cleared' in ~nd/ or '" ",
invited if all invitations not yet extended ~, My office i's fine ~
And yes" d9,' ihclude'Mik"ci a't this 'meeting".'.thesooner'Gen~,:'
",' Counsel is, invoiveddnthings like: ,thi!:?'in 'which he/they:l1ave
interested,' the better, .as far as'I, am coricerned.:
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, 'imc;tgi~e i ~ ,wi.,~l' run, '7t.'least' an hOl.lr .. ' 'I 1 think we should - '~rice
,thl.smee,tl.ng,~s confl.rmed'-' push ,the l.nterrn , lunch to 12£45p~m.
which, ,still ,gives plenty: 'of time, fbrit.) "'"
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, the'" calendar ,ori ",my" computer, shows ' I"am'irt, if budget review at' the",
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almost' e,~CictIY ll.~~ 'th~,24t~ .. plea:~e ~h~lk" th~t ,,o~t.' ,
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Thanks for the note Steve ..• !' am'really excited 'about bbth:~hes~
'~opic areas 'and lookforwardtothis',W0rk-':'-f.s that, crazy'to: say:
that? "
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Carol '~H .'·~asc6
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. St~ph.en "C,. W,arnath'
Domestic, poliqy'couri~il
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'.Carol-- I .,ainverY pleased 'that y6u;~ad, such,a. good m\~etingwi th,
Deval. :1:Ie ~s outstanding~""
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.It turns out "that:.we: actually, I ove'rlapped in law "Slchool and were ih;,
. ' ·the 'same Ii tig'ation 9lass together. I, rebal'l 'watchfng him' win the.:
"be,st oralist award', in 1;:he, school's. moot bourt competition; ,'it' was'
opvious ba6~ ;'the~ th:at he ,had avery bright fut~,re :'lheaq 'qf h:i",m~
€
',~I have, foll6w,?Cl his ,work'! over: the,years ~romiafa'r ,and.'th,o.u!i}ht t~a~,
,'the! President maQ.e ,an ,:t:re~endous c;::hoice ,~h, selecting' h~rn"
~qo~,'t
know .whetheryou have had" a .chanceto, spend a moment . , 'wl.th Gl.I',,'
'Cas~llas" 'bu,t, he is equally outstanding, "!anq. has ,been moving "
, aggr.essiively" ~o turp,around' the ,problems Iat EEOC.: ObYiously,. I
',",believe that ,~ehave an oppo~turtity',tom~ke a very ~osit~v~' .'
',' j ,c.ontribution .to encouraging the recpgIlitionof ' (and, enforc'ing' as "
.' necessa~y). a': basic dece?:cy'.in h:0w:we,'all [treat. ~ach.other, in o~r,
daily lives by working wi~h ~nd supporting as much as we can'the
,',' wo~k ~f, these ,eXG~Ptio~al, in~iYidu~l,S.:
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,,1 t 'will provide a. valuable framework; th~~' the Working Grou,p' will
,. be apJe' to', use, e,s 'a pOint 0,£' focus 'for "its activi ties. We, just
i.,need 'to,get .this'group meeting immed.:late]y' 'and Ith1nk'we.':will
" sta'rt to see some aC'd.omp.':!-ishments in th;i~' area that 'hopefully ~ill
,',' make a real difference in 'people's ,lives "I
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i~migr'ati~n '~~" ~ 'have.·t~n~a~i~elY S~h~dul~d
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,immigration working' g~quP, ,meeting for .pc~ober' 31st at "lQ: SO", '
"\ Doris is .'
eral'ly,'Unavailab e' or'the rest of; the month; but has
some
~ ,t~ng - -': I 8:I'n putting' 'I
er tl?-e agenda, and
p anYl.n g ,m8;terl.al n~~. _ ,".
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I am,also,t.ryi~g to,sche~ule," thefollowuPJ meetingre. rdirig, the
database issues ,for' October.25th'at:l1~Does our
'. "'scheduiep'e~mitthis?' Do you> want this' ~~eting in yo , ,6.£fi'ce', '
, 'again! There "ha::> ~een,.,3;-4' m~etings betw~~n~NS and' A"technical. , , '
people· already. ,and:I expect· INS 'and SSA 'to be ab
.0 shed sO.Ine'
, , ' 'interesting "light on the operationalf'
. s of,~he
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,OF
27~Feb-1995
"
..P R ES ~ D E ~ ~
TH. E
12:40p~
. I
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TO:
Steph~n
FROM:
Carol H'. Rasco
Economic and Domestic Policy
SUBJECT:·
C. Warnath
'FYI,
.
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.1 have 'sent Georg,e a quick note'1:;h.ankingl him for his time with 'Gil
and for asking for the memo •••• I don't know 'that expanded meetings
will occur' but" will' talk .with George."
.[. "
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Do ,you ,know of any other fo,llow, 'up I should make to our meeting
with Gil?
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01/3~/94
10:23
I4J 001
TH E: WHITE: HOUSE
WASI-IINGTON
FAX COVER SHEET
I
OFFICE OF THE ASSISTANT TO THE PRES~DENT FOR DOMESTIC POLICY
SECOND FLOOR. WES~ WING
THE WHITE HOUSE .
WASHINGTON. DC 120500
(202)456-2216 PHONE
(202)456.2878 FAX
TO:---=:JJruA~;::..=~~;Jtn~mqt--·~_----+/1_______
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FAX #: to ?Da g
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DATE:
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If you have any problems with the fax
_ _ _ _ _ _ _ _ at (202)456-2216_/
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please call
The docwnent accompanying this facsimile transmittal sheet: is
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intended recipient, or 'the employee :or agent responsible for
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notified that any disclosure, diss~DatioD, copying or
distribution, or the taking of any action in reliance on the
contents of this communication is strictly prohibited.
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Document No.
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WHITE HOUSE STAFFING MEMORANDUM
DATI!: _ , _--"~,--O
.....
____
SUBJECT!: _ _ _
ACnONlCONCURRENCElCrMMENT DUE BY:
--.:C~....:..,......:..V'---.:I~f---=-~:....:"\~\.Nt'~l~..LP--!.,:....jf.'..L:l4!:;1-J,.
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ACTION
VICE PRESIDENT
McLARTY
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QUINN
PANETTA
BAGGETI
0
EMANUEL
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GRIFFIN
~
HALE
0
HERMAN
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GIBBONS
LAKE
LINDSEY
McGINTY
MYERS
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NUSSBAUM
0
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ACTION
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SEIDMAN
S"rEPHANOPOULOS
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REMARKS:
RESPONSE:
JOHN D. PODESTA
Assistant to the President
8:'\d Staff Secretary
!:xt. 2702
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!41 003
THE WHITE HOUSE!
WASH I NcnON
gil JAN29 p5: 5S
January 28, 1994
MEMORANDUK FOR THE PRESIDENT
FROM:
Alexis HermaiAY[kr'
RE:
civil Rights Policy
I.
SUMMARy
For the past year the absence of an Assistant Attorney
General for civil Riqhts has heightQned the discussion that
the Administration lacks a coordinatsd civil riqhts policy.
We have an opportunity to articulat~ a framework/philosophy
when you announce the intent to nominate the Assistant
Attorney General for civil Rights nJxt week. This memo
suggests a possible approaChJ~what the Administration's
civil Rights framework/Phil0l:PhY should be.
II.
DISCUSSION
tn
our nominee will be repeatedly asked the ,question: What is
the Administration's civil rights policy? We need to be
able to articulate a policy framework that is basic, easily
undsrstood and builds on the achievemsnts to date of this
Administration. We do not want thelnomination to be viewed
as the starting point of "finally getting on with the
business of civil rights."
I
In your address at Howard University and in our subsequent
discussions, you said: liThe absence of discrimination is
not the same thing as the presenoe
opportunity. It is
not the same thing as having the seburity you need to build
your lives, your families and your Oommunities. So I say to
you, it is our duty to continue the I struggle that is not yet
finished to fight discrimination. We will and we must. But
it is not the same thing as the pret;ence of opportunity.1t
of
This statement stresses both the neld for antidiscrimination
measures and a government that is cbmmitted to creating
opportunity.
.
I
The use of the word opportunity in the context of your
statement is more dynamic and communicates both action and
change for the better.
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~004
-2
Building- on this thema.tic: our civlil rights policy is not
confined to a sinqle position in a single department. Every
department and agency is expected tllo develop, implement, and
enforce civil rights policy.
Our policy is not confined to only lenforcing existing civil
rights laws, it embraces initiatives beyond enforcement to
include efforts to create opportuni!ty and tosters individual
empowerment.
Therefore, the framework,of our policy should stress three
basic principles: JUSTICE, OPPORTUNITY AND EKPOWBRHBNT.
Justice invoives the protection of 'CiVil rights by enforcing
the existing civil rights laws~
Even after we eliminate barriers tOI justice and create
opportunities, we must. still empower people to help
themselves. Community Development Banks, a strengthened
Community Reinvestment Act, Empower.ment zones, health care,
welfare reform and other initiativ~s will all enable an
individual the opportunit.y to succeed.
III. CONCLUSION
We should use this nomination to arlticulate a policy
framework for civil rights as well FS restate our progress
to date.· Unlike previous administrations where the AAG was
the sole or primary point person on1civil rights, a number
of high-level officials throughout ~his administration are
actively involved in .civil rights policy.
We have a story to tell.
IV.
RECOMMENDATIONS
i.; f
1.
Agree on CiViltr0liCY direction
2.
Develop a message strategy to support the nomination of
the Assistant Attorney General for Civil Rights
Oisagree__
Further !Action
See me
�• (,.·01/31/94
r
10: 24
14J005
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CC:
cc:
co:
cc:
cc:
Mack MCLarty
Geo~ge Stephanopoulos
Mark Gearan
Phil Lader
Carol Rasco
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U. S. EQUAL EMPLOYMENT OPPOR:nJNITY COMMISSION
OFFICE OF COMMUNICATIONS
~ND LEGIS~TrVE
~
.
1801 L STREET. N.W.
D. C, 20507
FAX: (202),663~912
WASHINGTON,
AFFAIRS
,J
~~ ~
,';1',
TO:SJwt~
SENDER:
"
CLAIRE GONZALES '
SENDER'S TELEPHONE NUMBER:
(20~'~; 6634915
DOCUMENT: ,
:
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NUMBER OF PAGES TRANSMITTED (INCLUDING COVER):
Ir
...!.)
------------------~--~--~------~~~----~--------~--.
,
SpECIAL INSTRUCTIONS:
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PLEAse TELEPHONE SENDER IF yOU DO NOT RECEIVE ALL DOCUMENTS.
i
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qrongress of rue itntIeb :$tates
.~shinqton.
fl. '
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ilGC 20515
'.
February 25. 1997
Franklin D. Ra.ines. DirectOr
Office of Manal!ement and Bude.ct
....
17th and Pennsylvania Ave.. NW
Washington. D~C. 20503 '
,
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. Dear Director Raines:
.
,.~(
.
:
This year implementation or;'t~e Government. Performance :ln~ Results Act goes
govemrnent-wide.llsagencies are reqtiircd to submit Stratbgic Plans io Congress by
September 3D, 1997., We have revic~ed the requirements IOf this imp~onant act and would
like to comment on the importance of'agency consultations with Congress.
,
Ac~
age~cy
According 10 the Results
·when developing a Istrategic pllm. the
shall
consult with Congress.!' Because the act does not completely specifylwhat constitutes
consultations, we strongly encourage that OMB, in issuing further Re~ults Act guidance
to agencies. ensure that agencies are clear on what Congreksexpects during the coming
.
year byway of these consultations.
In a November 12, 1996 OMp"memo (0 the ageneieson Resufts Act
consultations. you stated: "To 'make ~~nsullalions asusef~l as possih~e...all substantive .
.docu.ments related to strategic plans should be provided tO OMB beJo~ehand. and DMB
I
comments ensuring consistency with arztional program ani:{ budget policies .'ihould be .
incoiporated before the dncuments a~' gi••1110 Congress. ['
I
.
We hope that you will make it clear to agencies that OMB doek not intend to
establish a strict "clearance" proc~ss for any draft strategic plans meant to be used for
discussions with Congress. Such a rc:quirement would not only make fhe consultation
process cumbersome, but does not reflect the iterative nature ofgovernment planning as
envisioned by the Results Act.
..
.
As a result, agencies.....:and inrri~y cases bureaus within each agency-.should
begin consultations with Congress as:soon as possible and ~hould try to complete the
pro~ before CQn~ress' August tece·ss. We believe such htime line will allow Congress
sufficient time to have ?roductive dis. cus~ions with the age?cies ~~r~_.your office time
to ensure the fi~l verSIons ofthe StrategIc Plans are consis~~Eid\)~~ ..
and budget polICIes. .
.
~
n .
.
U
MAR ~ ~ 1997
.
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While each committee has tne tull discretion to handle cnnsuitations in a manner
wi,th which it is most comtortable. ~;~ believe the followirlg guidelin~s \\·ill make the'
. ' conSultation process most pToducthfe:
[
~'
,
Once they have their missioa: long·term goals and strategies ~oughed out.
agencies should submit a draft plan to the Chairman and ~irig M~mber of all major
authorizing. appropriating. oversight and budget conunittees in the '10 use and Senate
with jurisdiction over their programs in advance of any c~nsultations. allowing the draft
doc,wnent to serve ilS the snl.rting point for discussions. The draft Strategic Plans should
r
contain:
•
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•
•
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A clear and concise mission statement based on statute:
Tangible outcome goals fOf:attaining the agencf~ mission; i
A coherent presentation an~justitication of the vdrious strat~gies the agency plans
to pursue to achieve each g~~l~
r, '
,
An outline of various Qutcolil$-related performance measures that wi II be used to
track goal and mission attainment;
A description of how thc activities of the agency relare to th~ activities of other
agencies with similar programs. including specifi~ plans fOT;how such programs'
will be coordinated; and '
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, Indications of how the mission. goals. strategies.
pelformance measures will
be represented in the agency's annual performance plans an~ reports.
I.
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. Along with the submission of the draft Strategic Plans, agencies should request a
meeting for consultation at a timerdonvenient for each cdmmittee, To the maximum
extent possible. we will attempt t~poordinate all relevant conuni~ees with jurisdiction
over each Department or agency so as to assist in the implementatipn of the Results Act
and reduce the duplication and ov~rlap that congressional committ~es can add to the ,
I
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process. However, at any time. agencies should be prepared to be ~alled upon by a
congressional committee to begin tonsuttations.
.;
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Among other issues that may be raised during consultation~~ agencies should be
prepared to;
,
; " , ,
,
•
.•
•
. .. .
•
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Discuss agency consultations with other committees. and the narute of comments
received on the plan;·
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IdentifY what stakeholder~:were consulted and what views they had on the
Strategic Plan;
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. Detail how the agency wiJ{ coordinate its activities (espec{ally for cross-cutting
programs) with other fedeial agencies working ih similar activities;
,
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Provide an overview ofkey , '
strategic issues/challenges facing their programs and
,
"
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to what extent the strategic plan addresses thf!m;
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State the priorities ofthe agency and identitY where they are reflected in the .
Strategic Plan and to w~t exte~t they reflect thb prioriti~ of Congress~
. State what their "value" is to the American peo~leand where and how it is
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articulated in
•
•
•
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•
•
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.
Discuss how l~eir use of reguhuions or their reliance on l~X exp~nditures will be
used to achiev~ cenain goais in the Strategic Plan: 1
~
Come to a reasonable deRree of agreement the commiuees(as to what
with
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performance n;teasures will be used to gauge prograrh suecess~~especially outcome
measures (In addition to a discussion of perfonnanc~ measures.cagencics should
,
,
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recognize that; outcome goals should be stated iri a manner that allows for
dete~ination!to be made wheth~r the goal was aChifved qr not~)~
Identify to wh~t extent the rec9gnized end:.ou[comes of the agercy can be
'
attributed to agency activities ~d how external fact6rs could impact perfonnance:
Explain how what the agency ~pes is unique from aftivities of ?ther federal
agencies, state andlor local govcmunents, and private or social-~ector entities
working in ~he same ar:eas; "!.
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;.
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Clearly outlme the logiC and thInking behind the goals and stra~egles laid out In
the plan:
i
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, Discuss areasjwhere the 3g~ncy is ask~ng for incre~cd flexibili;ty to "break the
mold" and pursue an "outslde the box" strategy to meet a goal or execute 11
I· .,
strategy;
•
,
:.
.
. 1
.
~.
.
Discuss whatitype offonnats for Strategic Plans. PerfonnanceiPlans. and
Performance Repons best meet the infonnation neeas of Congtess. federal line
managers, a.n~ the general pu~fic;
..
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Explain how plans and report~prepared under the Results Act}vill be used in the
day.~o~day mrnagement of t~ffi~agency; and
1
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Detad how tIle goals. strategtes, and perfonnance measures WIll be hnked to the
annual budget request of the I:\sency.
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•
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... .
J ....
Agencies
ShO~d modity their'strategic plans tbrouJmUUhe Jnsultation process,
taking into ~ccount $e comments received from the varioUs congressihnal committees.
As a result, agenciesishould c'ontlnua1ly work with relevant congressi~nal committees on
\
updated versions of the draft strategic plans.
.
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Finally, as previously specifi~d in OMB guidancc, ~gencies s~ould send final
versions of their Slr~tegic Plans to ~ththe Speaker ofthe iHouse and;President Pro
Tempore oCthe Sen~u:, in addition tc),the others specified i1n the Act, or before
SepteJIlber 30, 1997: In the transmi~l Jetter, it would be helpful if a~encieswould note
which committees 'Y1ere consulted. IIi addition, in an adde~dum, the a,gency should, note .
what views or moc;iiftcations suggested were not included in the final~version of the plan.
along with the rationale for not including them.
!;
on
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It is our hope that we have been able to provide additional clapty to the issue of
Results Act "consulf.ations!' with Collgress. We appreciatJ the work 9MB has been
doing io see that the! implementation ofthe Results Act gobs smoothly. For our part, we
plan to encourage a~l House and Senate Committees to taJte an active; role in consultations
on agency Strategic:Plans and conriIlue to use general ovetsight hearings throughout the
year to monitor progress on the Results Act within the ag~cies.;
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. Thank you!again for your \\k)rk on implemenmtion of the Re~uhs Act.
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Sincerely.
d~t7f!?
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Speaker of the House
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Richard Armey
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Trent Lott
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Senate Majoritv Leader
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ewt Gingrich
aJOrI~;pr ~
L~Craig ,.
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Chairman. Senn,tc Republican
PoHdv Committee
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Dan Burton
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ChaiIman, House Government
Reform and Oversight Committee
rman. SenJte Governniental
t
Affairs Committee
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C~~'J~.~
Pete Domenici ~
Chaitman, Sen~~e Budget
c:tt~L
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Ted Stevens i
Chai+an, Sen~te Appropriations
Committee
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cc:
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.t"re:Slaem an~ Vice P~sident
I
House Demqcrat and Republican Leadership, all House COnlmittee Chairmen and
Ranking Members .~;
.
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Senate Demqcrat and Repu~~_ican Leadership, all Senate Conpnittee Chairmen and
.Rankfng Members' :':
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Cabinet Secrftarics and Dep,~ent heads
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E X E CUT I
VE
OFF ICE
o F
THE
PRE SID E N T
l2-Apr-1994 lO:44am
TO:
Katherine L. Darwin
I
FROM:
Chr~stopher F. Edley, Jr
Office of Mgmt and Budget, EG
CC:
CC:
CC:
CC:
Lor,], L. Victor
Margaret R. Shaw
Donsia Strong
1
Carol H. Rasco
,
I
SUBJECT:
I
URGENT LADER mtng?
Missy
I
To rein~roduce myself, I'm the OMB Associate Director for
Miscellany.
'
I
Carol Rasco believes we need an urgent but short mtng with
Ph.il to handle la question of legiSlativel strategy . . Tomorrow
morning there is a House Ed & Labor full committee mark up of a
., bill that
will 'substantially revamp the administrative
, adjudication of'EEO complaints by shiftihg more responsibility to
the EEOC (as a :facially neutral forum, akay from the employee's
agency. At a huge interagency meeting l~st night, I reached
agreement with :all concerned agencn~s tol generally support the
bill, with a set of principles we would like to communicate to
,
,
Chairman Ford T,ODAY. The general context is that this bill is
going to move with or without us,: but we\need to be on record with
the modificatidns'we 'hope to win when the bill is referred
sequentially'to: the,CivilServ'i'ce Committee.
!
!
. 'The prbb!lem:is'::that, ::although eve~yone else is agreed to
the·prindiple df:shffting,moreauthority\to the EEOC,WH Counsel
sta.ff,working ;with Watkins, believe that the President should
retain 'control 'over re'solution of' EEO cl~ims made by so-called
Title 3·politib'al appointees in the EOP. I Carol believes that Phil
should make 'thel calIon whether to communicate the interagency
agreement to th:e.Hill in light of the po~sible conflict with the
preferred admin,si trative approach of WH personnel managers.
i
\
Can we pllease have 15 minutes TODAY with Phil to discuss?
Invitees shoul~ include:
Edley (OMB)
Rasco and Donsia Strong (DPC)
WH Counsel (sta1ff: Cheryl Mills; Marvin Krislov)
I
1
�"
,.
I
Leg Affairs (Pat, Lorraine Miller)
Watkins (Patsy)
Please let me know ASAP.
!.
I
Thanks.
�I
E X E CUT I V E
OFF ICE
OF·
THE
PRE SID E N T
12-Apr-1994 09:30am
TO:
i
Carol H. Rasco
!
FROM:
Don~ia Strong
Domestic Policy Council
i
I
I
SUBJECT:
I
eeoc; immigration; ihs
I
I
Just a few issues I nee~ you to be aware of:
1. You may recall lateilast fall I spoke about a bill which would move all
agency eeo offices intojeeoc but declined to proJide for additional or
reallocation offundingiand which allowed federa~ employees to go directly to
federal court. Contrary to the assurance we rec~ived from Leg Affairs that the
bill would not move, it is being marked up in conlmittee tomorrow and will be
referred to another committee and voted upon fairly quickly.
The Administration proposes to talk with the comdittee staff director and
provide him with writteri principles the legislat~on should contain.
Current eeo processes aflow agencies to reject e~oc's decision and replace it
with their own. The bifl would change that and ~e agree it should. WH counsel,
however, believes that ~~e EOP should be allowed Ito reject the eeoc's decis~on
and substitute the President's own. The bill would not pull in the EOP. WH
counsel is concerned th~t in their zeal -- once ~he EOP policy (in draft form,
sets up an entity other I than eeoc to receive EOP Iconcerns and allows the
President to reject that entity's decision) is announced-- Congress will either
criticize the President or write in a provision ~o cover the President.
1
i
•
I
Should we hold off talking to the committee because we would be on the record as
against agency review of decision or allow the l~gislation to proceed without
our input? I believe much more is at stake by a]lowing. the legislation to move
without weighing in and I would suggest weighing iri.
immig~ation
2.
Tom Epstein is 90ncerned about our
efforts in California.
has heard from the California democrats who are ~ery upset about the newspaper
article I shared with you and wondered why the WH task force had not asked to
meet with them; why thelWH had not endorsed any df the legislative package and
why immigration is notf priority with the,WH.
I,
.
I explained to him that!.no one who knows or under.stand immigration policy
believes muchm9re legislation is needed. What ~s needed is money.. (INS'
budget is
$lb£.tlion --ithat is about one of the Istate Dept.s programs.) He
believes we should support the California legislative package wholwheartedly.
If we do, then Republicans will only counter wit~ something more drastic. He
would like
the POTUS tolgive an immigration speedh--Rahm believes he should ask
the VP. Any thoughts? i
3.
I met with OMB staff last week with Jennifer and John Hart. OMB staff
i
I
I
�I
i
I
I
'
'
explained that the recommendation for cuts came from HHS Dr. Lee.
They admitted
they had not anticipated such an outcry and thatlsimilar proposals had been made
before.
I explained th~ expectations among the Indians and the Administration
were diffent than in the past.
I met with Nancy Ann Min yesterday who explained that the problem may be
resolved. The Secly may ask for a budget amendment which would take a 1% across
the board cut to restor~ all of the service cuts land 1/2 of the facilities
money. This will not take place until after Weds when the Sec'y testifies
before chairman Yates. I If this happens, somethirig should be said in the speech.
Also, we will have to ?efend ourselves against 6ther programs which will have a
1% cut.
I
Thanks for listening.
"
,,
�i
E X E CUT I
!
I
E
~
o F' F
1:
C E
o
F
PRE SID E N T
THE
12-Apr--199410:12am
TO:
Donsia Strong
.FROM:
Carol H. Rasco
Econ9mic and Domestic Policy
CC:
Rosalyn A. Miller
SUBJECT:
RE: eeoc; immigration; ihs
I
I
I
I
'
I
I
1. It sounds to me like you need to have a quickly set meeting
with legislativ~ affairs folks, general dounsel's office and
yourself along with anyone else you feel lappropriate (Phil Lader
for sure and perhaps David Watkins -ask ~hil's office for advice)
to do a decisiort memo to perhaps Mack •• ag1ain, ask Phil for
appropriate person to do final sign off on this procedure and then
as to legislati~e s,trategy I think we wou1ld .rely heavily on leg.
affairs input along with rest of you fro~ meeting.
Keep me posted
on thi s
.!
"
"
I
'
2.
IMMIGRATION:!I will send you a ccof mail. mess.age ...!. did '. to '" ,
Rosalyn last night that describes the' mee~ihg . she' 'will-'be' setting
up that I was a~ked to put together by Mapk. This should answer
that part of your memo. This meeting wila be CRITICAL as to
portraying the administration as DOING things on immigration.
3. Let me know i!f anything further I need to do on IHS.
If this
becomes a "go" then you should brief Alan for the speech
I
inclusion.
ROZ:
This is sent to you FYI so that you will see in number 2
that I am sending Donsia the cc of my message from last night on
the immigration meeting you all need to s~t up. Thanks.
,
I
�,
,
,
1
,
E X E COT I V E
"
I
OF F ICE
o
,F
"
THE
PRE, SID EN T
09-Feb-1996 12:27pm
TO:
( See 'IBelow )
FROM: ,
Ingrild ,M.
"
Offige of Mgmt and· Budget, LRD,
SUBJECT:
Justice draft bill - Civil Rigljltsin Public Accomodatiohs
sc~roeder
!
1
t
f\"'h
. 1ng ,own t0' t h'e a s t 'sages 0, t e c 1 ~arance process' on
W areW1nd' 'd!
e
the Justic~ dra~t bill-Civil Rights in Public Ac60modations Act
(circulated on ,~/30/96 under L~M #34,42). \ ,,'"
,,
The bill would ~mend Title II o'f the Civ:ill; Rights Act of 1964 by
expanding thec~vered classes to inclu~e !gender.ln addition the
draft bill would apply Title II to (1) ""any store, office, ,'shbp,
market or,shopping mall, qr any .other en~ity that,sells, rents, or
provides goods and services;" and (2) taxicab firms and related
entities. 'Finatly the draft bill .would p,rovide,monetary damages
to aggrieved parties and civil penalties for Title ,II violations.
,
,
I
I ,
I
"
Please let me kttow by COB today if you pl1an on commenting on this
draft bill - otherwise we' will assume tha,t you have nO objection.
'I"
i "
Call with any questions.
Thanks
Distribution:
TO:
TO:
,TO:
,TO:
TO:
TO:
CC:
,
I
I
I
Marvin Krislov
Kumiki S. Gibson
Steven D. ~itken
Stephen C. ~arnath
Peter Jacoby
Michael wa,lidman
I
James J. Jukes
"f
I
\
.1
�
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
Stephen Warnath - Civil Rights Series
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Stephen Warnath
Civil Rights Series
Date
A point or period of time associated with an event in the lifecycle of the resource
1993-1997
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36406" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/641686" target="_blank">National Archives Catalog Description</a>
Description
An account of the resource
Stephen Warnath served as Senior Policy Analyst in the Domestic Policy Council. The Civil Rights Series includes material pertaining to the Civil Rights Working Group and topics such as affirmative action, English only, age discrimination, religious freedom, and voting rights. The records also include confirmation briefing materials for Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) nominees. The records include briefing papers, correspondence, schedules, testimony, reports, clippings, articles, legislative referral memoranda, and memos. The majority of the memos are internal between the Domestic Policy Council staff and the staff of the Equal Employment Opportunity Commission, and between the Domestic Policy Council staff and Congress.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
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Clinton Presidential Library & Museum
Format
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Adobe Acrobat Document
Extent
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134 folders in 13 boxes
Text
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Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Civil Rights Working Group [2]
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Steven Warnath
Civil Rights Series
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 3
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/Warnath-DPC-Civil-Rights.pdf" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/641686" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
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Clinton Presidential Library & Museum
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Reproduction-Reference
Date Created
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2/8/2012
Source
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641686-civil-rights-working-group-2a
641686