Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
1554447
label
Busing, April-May 1976
core
doc
dtoType
document
pageCount
1
Source metadata
id
1554447
contentType
document
title
Busing, April-May 1976
collections
White House Special Files Unit Files
Issue Decision Papers for the President
subjects
Busing for school integration
Education, Elementary
Education, Secondary
Legislation
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1554447
coverageEndDate
day
25
logicalDate
1976-06-25
month
6
year
1976
coverageStartDate
logicalDate
1976-04-01
month
4
year
1976
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
881cc7d2410ec3ac
ocrText
The original documents are located in Box 4, folder "Busing, April-May 1976" of the White House Special Files Unit Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. THE WHITE HOUSE WASHINGTON Trudy, Now that the flap is over you can have them back for your files. Eleanor 5/21 BERALD TIERARY Digitized from Box 4 of the White House Special Files Unit Files at the Gerald R. Ford Presidential Library FILeD [4/7/76] April 7, 1976 MR PRESIDENT: Letter from Secretary Mathews on Busing The attached memorandum from Secretary Mathews was staffed to Messrs. Cannon, Buchen, Lynn, Marsh and Friedersdorf. Jack Marsh and Phil Buchen submitted some comments concerning Secretary Mathews' suggestions. They are attached at TAB A. Further, Jim Cannon and Jim Lynn advised LIBRARY & GERALD that they spoke to you last week about this matter. I understand that Jim Cannon, the Attorney General and Secretary Mathews are preparing an alternate memorandum that will be forwarded to you shortly. Jim Connor THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 1, 1976 Time: FOR ACTION: CC (for information): im Cannon Phil Buchen Jack Marsh Jim Lynn Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Saturday, April 3 Time: 10 A.M. SUBJECT: Letter from Secretary Mathews on Busing ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: We would appreciate your comments on the attached memorandum before we send it forward to the President. Marsh- see comments Freedendaf- ok to send in Buchen see comments FORD LIBRARY is PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Jim Connor telephone the Staff Secretary immediately. For the President Staff Jim - Do you want this to get just our regulatr "routine manner" note? Trudy - THE WHITE HOUSE WASHINGTON 3.30.76 TO: Jim Connor For Your Information: For Appropriate Handling: Pres FY Ifile Robert RDC D. Linder THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 1, 1976 Time: FOR ACTION: CC (for information): Jim Cannon Phil Buchen Jack Marsh Jim Lynn Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Saturday, April 3 Time: 10 A.M. SUBJECT: Letter from Secretary Mathews on Busing ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: We would appreciate your comments on the attached memorandum before we send it forward to the President. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Jim Connor telephone the Staff Secretary immediately. For the President THE NOILY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE DEPARTMENT WASHINGTON, D. C. 20201 MAR 29 1976 MEMORANDUM FOR THE PRESIDENT The best advice I can bring together from across the country leads me to recommend a few basic precepts from which to make judgments on a whole host of complex issues and options on the matter of busing and desegregation. The best policy position would be one with three basic elements: 1. It is important that the President first reaffirm the national commitment to the basic moral principle that RH segregation is incompatible with any good vision of the future of this country and that no child should be denied the benefits of an equal education because of race. Any position that does not begin at this point and clear the air on it will mire down. 2. Your position on busing can then be restated and expanded by the assertion that because of this moral imperative, we cannot do other than pursue, with all diligence, the issue of the best means. There is evidence that busing is not an effective means in some situations, and we cannot escape an obligation to find better approaches to the problem. It is important at this point, however, not to go on to try to prove that any of the alternatives we now have is a certain cure either. None is. And there are a great many cases where transportation by buses is working well according to the research reports we have. 3. The "truth" that nobody is saying is that the solution is in taking an approach much broader than concentrating on busing or any of its alternatives. The first part of that solution is to turn the issue away from just a busing question. The busing debate is really not a constructive debate at all, and the issue must be "depoliticized" as much as possible. Perhaps this issue has met a stale- mate in the political processes and must be lifted out of that atmosphere and placed in a nonpartisan, nonpolitical - 2 - forum for serious and far-reaching reassessment. The suggestion is that you push for real, useful-- not just rhetorical-- attention to the problem. 4. The other part of the solution is to focus on the problem as it really is, not as it seems to be. The issue is not what means are used to achieve desegregation but who controls that decision and how parental and community concerns are taken into consideration. To reframe the case and to focus on reuniting the community and parents with school control has great potential and is the way the cities have had some success with getting on with desegregation. 5. The public feels that the federal government (whether by the courts or the legislative process) has not only failed to solve the problem but has made it worse. There- fore, any solution from any part of the federal govern- ment is likely to fail even if it were the "right" solu- tion. The only good option for the Executive Branch may be to act as a "helper" and a partner to aid com- munities in helping themselves. 6. Using the precedent of the government to create a national force that is not governmental (the National Academy of Sciences and the National Council on the Arts and Humani- ties are examples), perhaps we should consider working with local governments and community groups to create a body from the best of the local community, education and parental leadership, titled perhaps the National Com- munity and Education Council. It could work as a medi- ating force and provide technical assistance to communi- ties to deal with problems before they become crises. In fact, the evidence from successes in Atlanta and Dallas is that citizen alliances of the type the Council should foster were the decisive forces. As I noted earlier, "success" seems to turn most on how well a community goes about making decisions that come up before the question of busing or any other means. The Council could also help cities to get the whole community, not just the schools, involved in voluntary efforts to prevent unhealthy racial isolation and foster constructive human relations. - 3 - The courts might find such a body a welcome referral point (that is, to get ideas but in no sense would it be proper for such a council to be an agent of the courts), and cities or community alliances might find it a source of good ideas and even endorsement. Another alternative would be to use the occasion of getting the ESA legislation renewed to allow us to encourage many of the activities that the Council would foster without the fanfare of creating a new agency. In sum, there do not seem to be any solutions that come from dealing with busing directly or even in searching for alternatives. The best chances for success seem to be in pioneering some new ground. Americans traditionally have solved problems not by changing the problem, but by changing their view of the problem. THE WHITE HOUSE WASHINGTON April 2, 1976 MEMORANDUM FOR: JIM CONNOR FROM: MAX FRIEDERSDORF m.b. SUBJECT: Letter from Secretary Mathews on Busing The Office of Legislative Affairs recommends that subject letter be sent. THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 1, 1976 Time: FOR ACTION: CC (for information): Jim Cannon Phil Buchen Jack Marsh Jim Lynn Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Saturday, April 3 Time: 10 A.M. SUBJECT: Letter from Secretary Mathews on Busing ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: We would appreciate your comments on the attached memorandum before we send it forward to the President. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Jim Connor telephone the Staff Secretary immediately. For the President ALTH 111 DEPARTMENT ONE THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE DEPARTMENT WASHINGTON, D.C.20201 DEPART MAR 29 1976 MEMORANDUM FOR THE PRESIDENT The best advice I can bring together from across the country leads me to recommend a few basic precepts from which to make judgments on a whole host of complex issues and options on the matter of busing and desegregation. The best policy position would be one with three basic elements: 1. It is important that the President first reaffirm the RH national commitment to the basic moral principle that segregation is incompatible with any good vision of the future of this country and that no child should be denied the benefits of an equal education because of race. Any position that does not begin at this point and clear the air on it will mire down. 2. Your position on busing can then be restated and expanded by the assertion that because of this moral imperative, we cannot do other than pursue, with all diligence, the issue of the best means. There is evidence that busing is not an effective means in some situations, and we cannot escape an obligation to find better approaches to the problem. It is important at this point, however, not to go on to try to prove that any of the alternatives we now have is a certain cure either. None is. And there are a great many cases where transportation by buses is working well according to the research reports we have. 3. The "truth" that nobody is saying is that the solution is in taking an approach much broader than concentrating on busing or any of its alternatives. The first part of that solution is to turn the issue away from just a busing question. The busing debate is really not a constructive debate at all, and the issue must be "depoliticized" as much as possible. Perhaps this issue has met a stale- mate in the political processes and must be lifted out of that atmosphere and placed in a nonpartisan, nonpolitical - 2 - forum for serious and far-reaching reassessment. The suggestion is that you push for real, useful-- not just rhetorical-- attention to the problem. 4. The other part of the solution is to focus on the problem as it really is, not as it seems to be. The issue is not what means are used to achieve desegregation but who controls that decision and how parental and community concerns are taken into consideration. To reframe the case and to focus on reuniting the community and parents with school control has great potential and is the way the cities have had some success with getting on with desegregation. 5. The public feels that the federal government (whether by the courts or the legislative process) has not only failed to solve the problem but has made it worse. There- fore, any solution from any part of the federal govern- ment is likely to even if it were the "right" solu- tion. The only good option for the Executive Branch may be to act as a "helper" and a partner to aid com- munities in helping themselves. 6. Using the precedent of the government to create a national force that is not governmental (the National Academy of Sciences and the National Council on the Arts and Humani- ties are examples), perhaps we should consider working with local governments and community groups to create a body from the best of the local community, education and parental leadership, titled perhaps the National Com- munity and Education Council. It could work as a medi- ating force and provide technical assistance to communi- ties to deal with problems before they become crises. In fact, the evidence from successes in Atlanta and Dallas is that citizen alliances of the type the Council should foster were the decisive forces. As I noted earlier, "success" seems to turn most on how well a community goes about making decisions that come up before the question of busing or any other means. The Council could also help cities to get the whole community, not just the schools, involved in voluntary efforts to prevent unhealthy racial isolation and foster constructive human relations. - 3 - The courts might find such a body a welcome referral point (that is, to get ideas but in no sense would it be proper for such a council to be an agent of the courts), and cities or community alliances might find it a source of good ideas and even endorsement. Another alternative would be to use the occasion of getting the ESA legislation renewed to allow us to encourage many of the activities that the Council would foster without the fanfare of creating a new agency. In sum, there do not seem to be any solutions that come from dealing with busing directly or even in searching for alternatives. The best chances for success seem to be in pioneering some new ground. Americans traditionally have solved problems not by changing the problem, but by changing their view of the problem. THE WHITE HOUSE WASHINGTON April 5, 1976 MEMORANDUM FOR: JIM CONNOR THROUGH: PHIL BUCHEN T. Bobbi FROM: BOBBIE GREENE KILBERG SUBJECT: Letter from Secretary Mathews on Busing Secretary Mathews' central recommendation, as explained in para- graph No. 6 of his memorandum, is that the Federal Government work with local governments, educators and community groups to create a mechanism that could provide mediation and technical assistance to communities facing integration problems. The idea is to keep problems from turning into crises and to keep communities out of court. This recommendation parallels one of the options that the Domestic Council has been looking into at the direction of the President. The Counsel's Office supports this recommendation, but would prefer that the activities it entails be carried out without the creation of a new agency. THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: April 1, 1976 Time: FOR ACTION: CC (for information): Jim Cannon Phil Buchen Jack Marsh Jim Lynn Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Saturday, April 3 Time: 10 A.M. SUBJECT: Letter from Secretary Mathews on Busing ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: We would appreciate your comments on the attached memorandum before we send it forward to the President. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Jim Connor telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: due:4/3 due 4/3 Date: April 1, 1976 Time: 10:00 FOR ACTION: CC (for information): Jim Cannon Phil Buchen Jack Marsh Jim Lynn Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Saturday, April 3 Time: 10 A.M. SUBJECT: Letter from Secretary Mathews on Busing ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: We would appreciate your comments on the attached memorandum before we send it forward to the President. GERALD R.FORD PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Jim Connor telephone the Staff Secretary immediately. For the President DEPARTMENT THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE DIPAITIMENT WASHINGTON, D.C. 20201 MAR 2 9 1976 MEMORANDUM FOR THE PRESIDENT The best advice I can bring together from across the country leads me to recommend a few basic precepts from which to make judgments on a whole host of complex issues and options on the matter of busing and desegregation. The best policy position would be one with three basic elements: 1. It is important that the President first reaffirm the national commitment to the basic moral principle that RH segregation is incompatible with any good vision of the future of this country and that no child should be denied the benefits of an equal education because of race. Any position that does not begin at this point and clear the air on it will mire down. 2. Your position on busing can then be restated and expanded by the assertion that because of this moral imperative, we cannot do other than pursue, with all diligence, the issue of the best means. There is evidence that busing is not an effective means in some situations, and we cannot escape an obligation to find better approaches to the problem. It is important at this point, however, not to go on to try to prove that any of the alternatives we now have is a certain cure either. None is. And there are a great many cases where transportation by buses is working well according to the research reports we have. 3. The "truth" that nobody is saying is that the solution is in taking an approach much broader than concentrating on busing or any of its alternatives. The first part of that solution is to turn the issue away from just a busing question. The busing debate is really not a constructive debate at all, and the issue must be "depoliticized" as much as possible. Perhaps this issue has met a stale- mate in the political processes and must be lifted out of that atmosphere and placed in a nonpartisan, nonpolitical - 2 - forum for serious and far-reaching reassessment. The suggestion is that you push for real, useful-- not just rhetorical-- attention to the problem. 4. The other part of the solution is to focus on the problem as it really is, not as it seems to be. The issue is not what means are used to achieve desegregation but who controls that decision and how parental and community concerns are taken into consideration. To reframe the case and to focus on reuniting the community and parents with school control has great potential and is the way the cities have had some success with getting on with desegregation. 5. The public feels that the federal government (whether by the courts or the legislative process) has not only failed to solve the problem but has made it worse. There- fore, any solution from any part of the federal govern- ment is likely to fail--even if it were the "right" solu- tion. The only good option for the Executive Branch may be to act as a "helper" and a partner to aid com- munities in helping themselves. 6. Using the precedent of the government to create a national force that is not governmental (the National Academy of Sciences and the National Council on the Arts and Humani- ties are examples), perhaps we should consider working with local governments and community groups to create a body from the best of the local community, education and parental leadership, titled perhaps the National Com- munity and Education Council. It could work as a medi- ating force and provide technical assistance to communi- ties to deal with problems before they become crises. In fact, the evidence from successes in Atlanta and Dallas is that citizen alliances of the type the Council should foster were the decisive forces. As I noted earlier, "success" seems to turn most on how well a community goes about making decisions that come up before the question of busing or any other means. The Council could also help cities to get the whole community, not just the schools, involved in voluntary efforts to prevent unhealthy racial isolation and foster constructive human relations. - 3 - The courts might find such a body a welcome referral point (that is, to get ideas but in no sense would it be proper for such a council to be an agent of the courts), and cities or community alliances might find it a source of good ideas and even endorsement. Another alternative would be to use the occasion of getting the ESA legislation renewed to allow us to encourage many of the activities that the Council would foster without the fanfare of creating a new agency. In sum, there do not seem to be any solutions that come from dealing with busing directly or even in searching for alternatives. The best chances for success seem to be in pioneering some new ground. Americans traditionally have solved problems not by changing the problem, but by changing their view of the problem. THE WHITE HOUSE WASHINGTON April 3, 1976 MEMORANDUM TO: JIM CONNOR FROM: JACK MARSH I have reservations in reference to the attached busing letter. The President, I think, seeks to emphasize as a first priority what might be termed a rule.based on quality education. The emphasis of this letter forces more on busing per se than it does on the achievement of quality education. It is my view that the achievement of the goal of equal opportunity without denial of that opportunity because of race, and the achievement of quality education must be compatible goals. To focus on busing as a means of integration without emphasis on quality education does damage to both purposes. The suggestion of "nongovernmental national force" seems to have merit. The examples where such a "force" has been used, should be guideposts; however, such "force" should incorporate into the busing question the general proposition of quality education, without denial based on race. OF HEALTH DUCATION AND THE SECRETARY OF HEALTH. EDUCATION, AND WELFARE WASHINGTON, D.C. 20201 U.S.A. The President The White House Washington, D.C. 20500 Dear Mr. President: In regard to your directive to me and the Attorney General to make recommendations to you on the school desegregation issue, I would like to give you a brief interim report. I have been meeting regularly in HEW with our own experts and with experts outside the Department and hope to have an additional analytic paper ready by the end of this month. We have described our work in the Department as having the "highest priority," at your request, but have avoided giving the impression that there is some one task force report coming to you since that might put you on the spot for a response. The public posture has been instead continuous study and discussion. In general, we have found many reasons to suggest it may not be sound for you to advocate any specific alternative to busing. The effectiveness of any given technique varies widely--none works perfectly. On the other hand, there is mounting criticism of busing from very progressive quarters (note the enclosed editorial in Saturday Review) and a call for leadership that is both moral and imaginative. You set a general direction in our last conference in the White House when you talked about the constructive role the Executive Branch would play if its focus was on helping cities stay out of court and on the community building and supporting activities we could assist with before a crisis. We have tried to explore that idea in detail and do feel it is the right policy direction. (But by "community building" we do not mean shifting the burden largely to housing.) SERALD Page 2 - The President If one follows the general policy direction just described, it is possible to talk about "alternatives to alternatives," that is, positive actions a community can take involving not only schools but other community agencies that can improve education and help eliminate racial isolation. Faithfully yours, Enclosure under the Fourteenth Amendment, bu: Managing Editor he believes it is irresponsible to ignore Peter Young or stand aside from the effects of mea- Saturday Review Arts Editor Editorial Director sures taken for that purpose. "The Roland Gelatt Horace Sullon achievement benefits of integrated Executive Editor Music Editor Richard L. Tobin Irving Kolodin schools appeared substantial when 1 studied them in the middle 1960s," he Senior Editor Science Editor Education Editor Hallowell Bowser Albert Rosenleld James Cass says, "hul subsequent studies of achieve. ment in actual systems that have deseg. Contributing Editors Goodman Ace Hollis Alpert Cleveland Amory regated, with a more rigorous John Clardi William Cole Judith Crist methodology than we were able to use R. Buckminster Fuller Henry Hewes Katharine Kuh Thomas H. Middleton Leo Rosten Walter Terry in 1966, have found smaller effects, and Margaret R Weiss Roger M. Williams Anthony Wollf in some cases none at all." A major error in the original decision Art Director Judith Adel was to underestimate the extent to which Copy Editor Book Review Editor family background is a controlling Editot-Norman Cousins Michael Schrader Susan Health factor in education. Parents who are R. Erhardt Assistant Art Director Assistant Editors poorly educated themselves and who Pauline Arn Girard Hubert B Herring have to contend with prolonged jobless- Chairman, Board Jane Anne Majeski of Directors-George C. McGhee Susan Schiefelbein Karen Turok hess, overcrowding, and malnutrition cannot reasonably be expected to create Associate Publisher Vice-Chairmen a home atmosphere supportive of a Controller Corporate Relations S. Spencer Grin Nathan Cohn Walter H. Johnson, Jr. learning experience for their children. Lyn White What is happening is that we are by- passing the fundamentals in the search for an answer. It is the condition of the Busing Reconsidered black in America that continues to be the central, overriding, and saturating B using was honestly conceived as a predominantly black schools. For ex- issue. Everything involved in lifting a way of coping with the fact that ample, in Washington, D.C., 96 percent people out of their low estate in society schools in predominantly black neigh- of the students are black; in Newark, -housing, health. economic opportunity, borhoods were segregated as the result N.J., 72 percent; in Detroit, 70 percent; nutrition. access to justice under the law of local geography. The effect of this in Philadelphia, 61 percent: in Chicago, -fits into this total challenge. circumstantial segregation, it was bc- 58 percent; in Cleveland, 57 percent. The first thing that has to be done lieved at the time, was to lower standards Does this mean that we must now bor- is to de-politicalize the issue. By this of education for blacks. row white students from the suburbs and time, busing has become a battleground But busing hasn't worked. After al- bus them back to the inner city? for liberals and conservatives. There most a decade, it seems clear that the The document that is generally re- appcars to be a feeling among many principal mistake was to assume that we garded as having provided the impetus liberals that to oppose busing is to re- could create a more socially responsible for school busing is the 1966 report nounce an essential commitment to a society by putting the problem on wheels Titled "Equality of Educational Oppor- better life for blacks. Many conserva- and expecting it to arrive at a daily solu- tunity." It was written by James S. Cole- tives feel that the busing program is tlon. The evidence is substantial that man, professor of sociology, University proof positive of the hazards of severe busing is leading away from integra- of Chicago, under the sponsorship of governmental intrusion in matters in- tion and not toward it; that it has not the U.S. Office of Education. Coleman's volving racial and social injustice. significantly improved the quality of research showed that deprived students What is needed is a White House education accessible to blacks; that it did better when their schoolmates came Conference for the purpose of making has lowered the standard of education from backgrounds strong in educational an objective analysis of the busing expe- available to whites; that it has resulted motivation. The general interpretation rience and for proposing alternatives. in the exodus of white students to pri- placed on the Coleman Report was that It is to be hoped that the persons in- vate schools inside the city or to public the practice of segregation had resulted vited to such a conference would come schools in the comparatively aMuent in inferior education for blacks. The from many professions and occupations, suburbs beyond the economic means of conclusion at the time was that putting and not from education alone. blacks; and, finally, that it has not con- blacks into white classes offered the best There is no disgrace in having failed tributed to racial harmony but has pro- chance of meeting that problem. in an important social enterprise. The duced deep fissures within American so- Professor Coleman has recently com- only disgrace is in persisting with failure ciety. pleted a second report. He now presents in order to hold to commitments with- Busing hasn't desegregated the his somber conclusion that busing has out regard to the need for keeping an schools. It has resegregated them. Racial had the effect of replacing old patterns open mind. A country dedicated to concentration, the core of the problem, of segregation with new ones. "Tronical- human rights should not have to confess continues. Some 30 percent of white ly," he writes, " 'desegregation' may be intellectual and moral bankruptcy in families have moved to the suburbs, increasing segregation." He reaffirms attempting to provide an adequate edu- leaving many large northern cities with the need for ensuring equal protection cation for all its citizens. N.C. THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE POSTAGE AND FEES PAID WASHINGTON, D.C. 20201 U.S. DEPARTMENT OF H.E.W. OFFICIAL BUSINESS The President The White House Washington, D. C. THE WHITE HOUSE WASHINGTON April 12, 1976 WEEKLY DOMESTIC ACTIVITIES REPORT GERALD FORD FIREARY FOR THE PRESIDENT 1. Uranium Enrichment Hearings were completed April 7, and there is some evidence that the Joint Committee on Atomic Energy intends to rewrite the legislation both to permit a commercial diffusion plant and to authorize the government add-on diffusion plant. The JCAE staff believes they have enough information to justify the construction of two diffusion plants. The House Budget Committee included $230 million for the add-on in its proposed resolution for FY '77. The Senate Budget Committee did not, and Senator Muskie has indicated he would not add money until Congress acts on this legislation. It is my understanding that we do not have the technical capability to build two diffusion plants at the same time. If we can start with the commercial plant, we may not ever have to build the diffusion add-on--for the centrifuge process may be ready then. Jim Connor and I believe that, if the JCAE is going for two diffusion plants, we should ask Representative John Anderson to: 1. Encourage the JCAE to give a priority to the commercial diffusion plant--with the add-on continuing to be a back-up plant; 2. Persuade the JCAE to get their proposal for design and construction of the add-on as far below the Budget Committee's $230 million as he can. Approve Disapprove 2 GERALD 2. Busing I have had two good discussions with Secretary Mathews about an attempt to find a better approach to this problem. I talked briefly with Ed Levi and will meet with him tomorrow. At this point, we believe we must develop a concept based on these premises: (a) Communities should find solutions on their own rather than have them imposed by the Federal government; (b) Remedies can best be reached before any court action begins; (c) Any approach must be in accord with Federal law enforcement responsibilities. If this meets with your approval, I will continue meeting with both Mathews and Levi to develop specific proposals for you. Approve Disapprove 3. Navigability of Waterways In the wake of Lake Winnipesaukee, other questions about which waters are navigable have been brought to our attention. Since the Constitution was written, the definition of navigability has evolved to the point where its application often does not make common sense. As a result, we believe we should ask Secretary Coleman to review the definition with the possible objective of recommending to Congress a more precise and practical interpretation. This review should include an examination of the Constitutional implications, and the advantages and disadvantages of making any changes in the definition of navigability. Approve Disapprove 3 4. Visit with Governor Rhodes Jim Rhodes was in town last Wednesday and asked me to give you these comments: "Don't worry, you have got it made. "In dealing with Reagan, you are dealing with a wounded animal. "Nancy is pushing him. After starring in all those movies, his wife won't let him play a supporting role. "Louie Nunn has been active in Ohio, but the Ohio Republican Chairman (Kent McGough) is pushing through a winner-take-all primary, which President Ford will win. (97 delegates) "Stay on the free enterprise jobs, the tax cuts, and the spending cuts. "Stop everybody from talking about who is going to leave the Administration. "And don't worry. " BERALD R. FORD THE WHITE HOUSE WASHINGTON May 17, 1976 WEEKLY DOMESTIC ACTIVITIES REPORT FOR THE PRESIDENT 1. Uranium Enrichment Last June you decided an important principle- that future U.S. production of enriched uranium will be done by private enterprise--and you asked Congress to write that principle into law. The bill that the Joint Committee on Atomic Energy has ordered to be reported does adopt that principle. There is a price, however: a) Each ERDA contract with a private company must be approved in 60 days by a concurrent resolution of Congress to be a valid contract. b) The JCAE bill and committee report imply a commitment to build a $3 billion Portsmouth, Ohio add-on plant; but the limited authorization ($255 million) implies the opposite. After weighing all elements of the JCAE bill, OMB, NSC, ERDA, Congressional Relations, the White House Counsel, Jim Connor and I all agree that this is a victory for you, we ought to proclaim it, and go all out to get Congress to pass it as quickly as we can. APPROVE DISAPPROVE BERRED R. LIGHARY FORD 2 2. Food Stamps No suit has yet been filed to block your administrative reforms which begin to be effective June 1, 1976. We understand that the Food Research and Action Committee has been shopping for a judge and is leaning now toward a Kennedy appointee in northern Minnesota. As soon as the suit is filed, we will schedule your meeting with Attorney General Levi, Solicitor General Bork and Secretary Butz to discuss how we will win the lawsuit. 3. Busing We are working on three possible approaches to help a community avoid a court order to bus: a) A "School Mediation Service," somewhat like the Federal Mediation and Conciliation Service for labor-management disputes, which could, at the invitation of local officials, send a mediator to attempt to work out a solution on school desegregation before a Federal Court order to bus. Secretary Usery believes this could work. b) A Federal "clearing-house" of information and technical assistance, which could be made available to a community at its request to help work out a solution before busing is ordered. c) A modest Federal fiscal incentive to assist a community leadership group in working out a solution to its school desegregation problems. The federal grant would match funds locally raised and could continue for no more than three years. The incentive funds would also be shut off if a Federal Court ordered busing. up5/31 THE WHITE HOUSE WASHINGTON May 25, 1976 MEMORANDUM FOR: THE PRESIDENT THROUGH: RICHARD B. CHENEY DPB FROM: DOUGLAS P. BENNETT SUBJECT: Board of Trustees of the American Folklife Center. Attached for your signature are commissions for the following- named persons to be Members of the Board of Trustees of the American Folklife Center: For a term of two years Mitchell P. Kobelinski, of Illinois, Administrator of the Small Business Administration. For a term of four years Michael P. Balzano, Jr., of Virginia, Director of ACTION. GERALD FORD JERARY Morris Thompson, of Alaska, Commissioner of Indian Affairs, Department of Interior. For a term of six years Gary Everhardt, of Virginia, Director of the National Park Service, Department of Interior. All necessary checks have been completed. This action reflects your decision of May 7, 1976. THE WHITE HOUSE WASHINGTON May 7, 1976 ADMINISTRATIVELY CONFIDENTIAL MEMORANDUM FOR: DOUGLAS P. BENNETT FROM: JAMES E. CONNOR JEE SUBJECT: Members, Board of Trustees, American Folklife Center (PA, WAE) Four Members Confirming a phone call to your office of this afternoon, the President has reviewed your memorandum of May 4th on the above subject and has approved the appointment of the following to be Members, Board of T rustees of the American Folklife Center: Mitchell Kobelinski for a term of two years Michael P. Balzano, Jr. for a term of four years Morris Thompson for a term of four years Gary E. Everhardt for a term of six years GERALD cc: Dick Cheney FOR IMMEDIATE RELEASE MAY 29, 1976 Office of the White House Press Secretary THE WHITE HOUSE STATEMENT BY THE PRESIDENT The Attorney General has notified me that after a thorough review, he has decided that the Department of Justice should not file a brief in the Boston school desegregation case at the current stage of litigation. The Attorney General also pointed out that for over two decades the Department of Justice has entered virtually every school desegregation case GERALD FORD LIBRARY that the Supreme Court has agreed to review. If the Supreme Court agrees to review the Boston case, the Department of Justice will follow past practice and enter the case at that time. I have informed the Attorney General that I respect his decision not to intervene at this time and agree with him that the decision in no way reflects upon the merits of the case. I have directed the Attorney General to continue an active search for a busing case which would be suitable for judicial review of current case law on forced school busing, and to accelerate his efforts to develop legislative remedies to minimize forced school busing. It is my intention to send a message to the Congress recommending such legislation at the earliest possible time. In addition, I shall meet next week with the Attorney General, the Secretary of Health, Education and Welfare, and other members of my Adminis- tration to review other possible actions that can be taken to provide communities with assistance in achieving equal educational opportunity for all. My objective is to create better educational opportunities consistent with the Nation's commitment to justice and equal opportunity. In my view, massive school busing, while done with the best of intentions, has too often disrupted the lives and impeded the education of the children affected. I believe that ways can be found to minimize forced busing while also remaining true to the Nation's ideals and our educa- tional goals. That is my objective. ### - 10 - #497-5/21 Q Why doesn't he say integrated education then? MR. NESSEN: I don't know, Helen. 0 Ron, there was more to this busing thing which you haven't read, in which he suggested some of the alternatives that heis considering. MR. NESSEN: That is right, and it is all being Xeroxed now so we can give it out to you. 0 Is there more on this subject that you haven't told us about? MR. NESSEN: We are having this Xeroxed. There was a question, "How do you propose to get a quality education?" "There are a number of alternatives." He talks about the Esch amendment -- if the courts would follow that they could get quality education without busing. "Secondly, there are programs that Mathews is submitting to me as a result of my ordered study that I think will be helpful in alleviating the problems, so we are trying to find something that is a better remedy than these decisions by the various courts, and I can assure you that this is under study and that these recommendations were done well before any Presidential campaign was undertaken.' n Do you have any details on what the alter- GERALD FORD natives are? MR. NESSEN: No, as he said yesterday, he is not going to put out what they are at this time until he has decided which ones to recommend. 0 Yesterday he said there were three alter- natives he was considering. MR. NFSSEN: Right. 0 Today he mentions one and very broadly the second is a review of everything. Are there really three alternatives? Is there a study going on? MR. NESSEN: Did you doubt the President would say something if it weren't the case? 0 I would just like to know what he means. MORE #497 - 11 - #497-5/21 MR. NESSEN: On the 19th of February Jim Cannon submitted this five-page proposal with nine proposed alternatives, or other methods of achieving quality integrated education without forced busing, and attached to it recommendations from various members of the staff. The President sent that out saying that it looked like this study was on the right track and saying that he particularly was interested in following up on recommendations or proposals A, B, D and E. Then, on the 17th of May, 1976, which was last week, I guess, four days ago, Jim Cannon of the Domestic Council sent in a two-page memo bringing the President up-to-date on the three matters which are currently under study by the Domestic Council -- uranium enrichment, food stamps and busing. In the busing category, Cannon savs, "We are working on three possible approaches to help a community avoid a court order to bus: A, B and C," and there they are. 0 Keep. reading. A is what, B is what, and C is what? MR. NESSEN: I didn't relish the suggestion that there were not three alternatives somewhere that the President had seen. 0 Didn't he say one of the alternatives was to strengthen the Esch amendment? Was that not said or alluded to in the interview? GERALD MR. NESSFN: He said it in the interview. It was not one of the three proposals listed here. It was mentioned in the interview. 0 Ron, was one technical assistance to local communities? MR. NESSEN: As he said yesterday, "I am not going to indicate what the three proposals under study are." 0 May I have that line again, to help the communities what? MR. NESSEN: "Me are working on three possible approaches to help a community avoid a court order to bus," then a colon, then three possible approaches. 0 Did you say the Esch amendment is not one of those three? MR. NESSEN: It is not one of those three. It is one he mentioned in his meeting with the Tennessee reporters today as one additional way to -- MORE #497 - 12 - #497-5/21 0 So, it is up to four now? MR. NESSEN: I suppose, yes. 0 Ron, did you make any effort to ask that the Attorney General appear here, or were you asked not to? MR. NESSEN: I think we went through that subject. O I didn't hear your answer, Ron. MR. NESSEN: I think we went through that subject, Les. 0 I know, but you didn't answer the question. Did you ask the Department of Justice if Attorney General Levi could meet with reporters or not? MR. NESSEN: As I said before, the indication from the Justice Department is that he will 00 back to the Justice Department after -- 0 They told you that before you asked, is that it? MR. NESSEN: You have these three, plus the one he mentioned in the interview, which is to strengthen the Esch amendment. SERALD 0 And then going to the court is a fifth -- MR. NESSEN: Yes, a separate one. That goes back to the meeting of last November, which had really two subjects: One, alternatives' to busing, specific proposals for it; and two, the directive to Levi to find a case to bring the matter to the court. 0 I would like to ask you a question I asked a day or two ago on this. MR. NESSEN: Can the record show I am doing all this talking and raising this issue in response to lots of questions and haven't volunteered anything on my own? 0 Don't you think it is an important subject? MR. NESSEN: I think it is a very important subject, Helen, but the thing, as you can probably tell, I am not crazy about is some idea that the White House has raised this issue this week. 0 Don't you think your decisiveness is overdone? MORE #497