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[HRC Daily File] Tuesday August 3 [1993]
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[HRC Daily File] Tuesday August 3 [1993]
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Records of the First Lady's Office (Clinton Administration)
Elizabeth "Liz" Bowyer's Files
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. fax
From: John S. Satagaj, To: Julie Hopper, Re: Meeting with Mrs.
8/2/93
b(6)
Clinton [partial] (1 page)
002. memo
From: John Galles, To: Julie Hopper, Re: Meeting with Mrs. Clinton
8/2/93
b(6)
at I p.m. on 8/3/93 [partial] (2 pages)
003. list
Attendees at the White House Meeting on August 3, 1993 [partial] (1
7/30/93
b(6)
page)
COLLECTION:
Clinton Presidential Records
Fist Lady's Office
Liz Bowyer
OA/Box Number: 5433
FOLDER TITLE:
[HRC Daily File] Tuesday August 3 [1993]
2014-0483-S
sb347
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA|
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
h(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
h(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Tuesday, August 3RD
PHOTOCOPY
PRESERVATION
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. fax
From: John S. Satagaj, To: Julie Hopper, Re: Meeting with Mrs.
8/2/93
b(6)
Clinton [partial] (1 page)
COLLECTION:
Clinton Presidential Records
Fist Lady's Office
Liz Bowyer
OA/Box Number: 5433
FOLDER TITLE:
[HRC Daily File] Tuesday August 3 [1993]
2014-0483-S
sb347
RESTRICTION CODES
Presidential Records Act |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
h(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
08/02/93 10:18
02
SMALL BUSINESS
LEGISLATIVE
COUNCIL
August 2, 1993
TO: Julie Hopper
Via Facsimile
FROM: John S. Satagaj, President
RE: Meeting with Mrs. Clinton
Per my discussion with Patti Solis, the following four individuals will
be meeting with Mrs. Clinton on Tuesday, August 3 at 3:00 p.m.:
H. Ted Olson, SBLC Chairman of the Board (President, Specialty
Advertising Association International) DOB:
(b)(6)
001
SSN:
(b)(6)
001
Gary Petty, SBLC Treasurer (President, National Moving and Storage
Association), DOB:
(b)(6) 001
SSN:
(b)(6) 001
Mr. Petty will be
SBLC's witness at the hearing before the Committee on Small Business on
Wednesday.
Peter McNeish, SBLC Secretary (President, National Association of Small
Business Investment Companies), DOB:
(b)(6) 00
SSN:
(b)(6)
001
John S. Satagaj, SBLC President, DOB:
(b)(6)
SSN:
(b)(6)
001
001
Our Chairman, Mr. Olson, is flying in from Dallas for this meeting. If
there is any way to arrange for a White House photographer, or for us to bring
a photographer for just one picture, I believe it will be very helpful to
Mr. Olson. Please advise us. Thank you.
JSS/S2817
1156 15th Street, N.W.- Suite 510 Washington, DC 20005 (202) 639-8500 / FAX (202) 296-5333
AMERICA'S
CHILDREN
AT RISK
A National Agenda for Legal Action
A Report of the American Bar Association
Presidential Working Group on the Unmet Legal Needs
of Children and Their Families
MICHAEL AGENDA FOR LEGAL 10e ACTION
Children AL Rick
002
ATTORNEY GENERAL
2202 0168 514
16:18 08/20/80
AMERICA'S
CHILDREN
AT RISK
A National Agenda for Legal Action
The views expressed in this Report are solely those of
the ABA Presidential Working Group on the Unmer
Legal Needs of Children and Their Families. This Report has not been
approved by the House of Delegates or the Board of Governors of the ABA.
Viewpoints expressed herein are those of the Working Group and do
not necessarily represent the official position or policies of rhe
ABA. unless expressly stated.
Photographs that appear in this document were produced independently. and
bear no relationship to subjects or cases discussed in the text.
AA
003
ATTORNEY GENERAL
0468 HIS 2022
16:18
08/20/90
FOREWORD
The American Bar Association is committed to making
the promise of the pledge "Justice for All" a reality for
America's children and families.
Far too many of America's children and families are in
real trouble. Poverty, violence, failures of our institutions
and government-all have contributed to the crisis we face.
As ministers of our system of justice, the nation's lawyers
and the organized bar have a special duty to do something
about it.
Last December, Judge A. Leon Higginbotham, Jr.
accepted the ambitious challenge to develop the ABA's
agenda for children and families, and to provide us with an
action plan for the future.
This report is the culmination of that effort. It consol-
idates years of thoughtful work into one document, and
provides us with a map to follow. I am especially grateful
to the extraordinary efforts of Judge Higginbotham, Vice
Chair Catherine J. Ross, the members of the Working
Group, and the ABA staff who contributed to this Report.
With the support of lawyers and nonlawyers alike in
implementing these recommendations, we can take signifi-
cant steps toward improving the quality of life for Ameri-
ca's children and their families.
J. Michael McWilliams
President
American Bar Association
July 1993
100
ATTORNEY GENERAL
0468 tis 2022
16:19
08/20/80
Members of the ЛВА Working Group on the
Unmet Legal Needs of
Children and Their Families*
Hon. A. Leon Higginbotham, Jr.
Chair
Catherine J. Ross
Vice Chair
David M. Abromowitz
James Morales
Jonathan D. Asher
James R. Neuhard
Michael E. Barber
John L. Popilek
Hon. Rosemary Barkett
Blake Ramsey
Doris M. Clanton
Pamela J. Roberts
Kahlil Amyn Day
Deborah H. Schenk
Sara-Ann Determan
L. William Schmidt, Jr.
Bernardine Dohm
Robert G. Schwartz
Hon. Bernice B. Donald
Debbie Segal
Hon. Fernande R.V. Duffly
Nancy G. Shor
Maria Foscarinis
Tracey E. Skinner
Stephanie Franklin-Suber
Daniel L. Skoler
Lisa A. Godfrey
James M. Stillwaggon
Linda N. Goldstein
Hon. Jean M. Toal
Iris McCollum Green
H. Rutherford Turnbull, III
Fay Hartog-Rapp
Margaret Bush Wilson
Kimberly Hornak
Marshall J. Wolf
Zona F. Hostetler
Diane C. Yu
Bobbi Tillmon Mallory
*Appointed by ABA President J. Michael McWilliams.
500
ATTORNEY GENERAL
202 514 0468
16:20
08/02/93
ACKNOWLEDGMENTS
This project would have been impossible without
mation and reviewing preliminary drafts. Special
the unwavering support provided by ABA President
thanks go to Professor Deborah Phillips who shared
1. Michael McWilliams, who appointed the Working
her expertise on child care with us and Professor
Group, and R. William Ide III. who will succeed him
Sanford Fox for his comments on the United Nations
as ABA President. We gratefully acknowledge the
Convention on the Rights of the Child.
valuable contributions of ABA staff members, espe-
Kimberly Kelly and Marianne loffman of the Uni-
cially Gail Alexander Howard Davidson, Robert
versity of Pennsylvania Law School provided valua-
Evans, Elizabeth Fish, Lillian Gaskin. Patricia Han-
ble research assistance, as did attorneys and summer
rahan, Mark Hardin, Margaret Haynes, Robin Kim
associates at Paul, Weiss, Rifkind, Wharton & Garri-
brough. Mabel McKinney-Browning, Paul Marcotte.
son, including Douglas Berman, Terri James, Chris-
Bruce Nicholson, Patricia Puritz, and Marianne Takas.
topher Jochnick, and Grecelyn Leon. Paul, Weiss
The superb contributions of Lisa Klee Mihaly in
provided critical staff support, more than 750 pro
drafting and editing were indispensable.
bono hours, and other resources without which this
We are indebted to many individuals and organi-
Report would never have been written, including the
zations all over the country for contributing to our
help of paralegal l'atricia Rossi. We are especially
knowledge and understanding of the problems
grateful for the extraordinary secretarial and admin-
addressed in this Report by providing us with infor-
istrative dedication of Shifra Eva Stem.
900
ATTORNEY GENERAL
0468 TIS 202
16:20
06/20/80
6. The Recommended Health Agenda
35
Provide Universal Health Care
35
Prenatal Care
36
Immunizations
36
Special Categories of Children Without Adequate Health Coverage
37
Provide Care in Underserved Areas
37
Treat Violence and Substance Abuse as Public Health Epidemics
37
Illegal Drugs
38
Violence and Cuns
38
Enforce Laws Regarding Environmental Hazards
40
Enforce Child Labor Laws
40
Part II
Children in the Legal System
7. The Recommended Child Welfare Agenda for Vulnerable Families
45
Focus on Prevention
45
Provide Families in Crisis with Comprehensive Services
47
Develop Uniform Standards to Govern Coercive Interventions into Families
49
improve the Foster Care System
50
Promote Adoptions
51
8. The Recommended Agenda for Families in the Courts
53
Create a Unified Family Court System
53
Resolve Cases Involving Children Quickly
56
Provide Adequate Financial Support for Family Courts
56
Provide a Comfortable Courthouse Environment for Children
57
9. The Recommended Agenda on Juvenile Justice and Children in Institutions
59
Fulfill Children's Right to Counsel
60
Enforce Existing Federal Law
61
The Coordinating Council
61
Bias in the Juvenile Justice System
61
Status Offenders
62
Adequate Funding
63
Improve Existing Law
63
The Use of Confinement for Juveniles
63
Conditions of Confinement for Juveniles
63
The Trend Toward Trying Children in Adult Courts
65
Capital Punishment for Crimes Committed by Children Under Age 18
60
Confinement of Undocumented Minors
66
Confinement of Minors for Alleged Mental Illness
67
Discourage Privatization of Facilities for Detaining or Confining Juveniles
67
ii
200
ATTORNEY GENERAL
0468 IS 2020
16:21 91
08/20/80
10. The Recommended Agenda for Improving the Child Support System
69
Create a Uniform Body of Law for Enforcing Child Support Obligations as
Proposed by the U.S. Commission on Interstate Child Support
69
Improve Procedures for Establishing Paternity
70
Establish Uniform Child Support Guidelines
71
The Recommended Agenda for Implementing the IJA/ABA Standards on Juvenile Justice
74
Recommendations Regarding the United Nations Convention on the Rights of the Child
75
Conclusion
77
Appendix A
Members of the ABA Working Group on the
Unmet Legal Needs of Children and Their Families
79
Appendix B
Summary of Recommendations
83
Appendix C
Text of ABA Policy Resolutions Cited in This Report
85
Appendix D
Connecticut's Guidelines for the Removal and Return of Children
89
Appendix E
Child Support Guidelines
91
Endnotes
95
iii
800
ATTORNEY GENERAL
8468 TIS 202
16:22
08/20/80
Two men were fishing by a stream when all infunt floated past. The first fisherman
juniped in, rescued the child and handed him up in safety in the second fisherman's
arms. No sooner had they settled the child down on the grass. when a second infant
floated along. Again. the fishermen jumped in and rescued the baby. A third baby
floated along, a fourth, and 90 on The fishermen saved each in turn. Finally, 17 whole
group of babies came floating downstream. The first fisherman grabbed as many as he
could and looked up to SEE his friend walking away. "Hey." he should, "what's wrong
with you? Aren't you going to help me save these babies?" To which the second
fisherman replied, "You save these bubies, I'm going upstream to see who's throwing
all those babies into the river!"
Folk Parable
INTRODUCTION
ur society is failing to protect its chil-
upstream. midstream, and downstream in the justice
O
dren and fails them even more once
system.
they are in crisis. Like the fishermen
The crisis of America's children is not limited to the
in the above parable. Americans of all
poor. to racial minorities, or to inner cities Children
political persuasions have recently
of all ages and all socio-economic groups suffer from
agreed on one point: America's children are increas
inadequate child care, lack of health insurance, the
ingly at risk But, like the fishermen, our society has
high cost of housing, family breakdown and declin-
failed to reach a consensus about when and how to
ing school quality. The majority of American chil-
protect those children.
dren will find themselves part of a poor or single-
This project has its roots in the April 1992 Los
parent family at some point during their childhood,
Angeles rioting that followed the acquittal of several
and recent studies suggest that these children need
white police officers accused of assaulting an Afri-
even more help.'
can-American named Rodney King. The American Bar
The Working Group accepted as a basic premise
Association ("ABA") formed a task force at that time
that families of all racial and socio-economic groups
to examine racial and ethnic bias in our system of
bear primary responsibility for their own children. But
justice. That task force found that racial bias does exist
we also believe that the legal system should promote
in the justice system, and that, moreover, such bias
family life-not hinder it-and that where active state
is "in large part the inevitable consequence of the
intervention in families becomes necessary, it should
racial and ethnic bias in our society
The dispro
do more good than harm.
portionate number of minorities that commit crime
A few selected facts clarify the depth of the crisis
and fill our prisons is linked to poverty and is the
facing America's children:
lack of family structure and education that plagues
Poverty jeopardizes children's development: it
the lives of the urban poor. he task force urged
often reduces their I.Q., school performance.
the ABA to tackle the problems of youth and minor-
health and life achievement.*
ity poverty in the inner cities, and to focus national
Children-especially the youngest children-are
attention on the problems of children and families in
nearly twice as likely to live in poverty as any
crisis before those children become enmeshed in the
other group of Americans. Indeed, one in five
justice system.³
American children lives below the standards the
ABA President 1. Michael McWilliams appointed
government acknowledges are required for bare
this Working Group on the Unmet Legal Needs of
subsistence.⁷ In 1991, fully 24% of this country's
Children and Their Families in response to that plea,
preschool children were living in impoverished
and in furtherance of the ABA's vision of "justice for
families."
all-all for justice." The Working Group quickly real-
Child poverty is not limited to the inner cities—
ized that we had to examine both the root causes of
the child poverty rate is even higher in rural areas
these profound social problems and the ways in
than in the rest of the country. Overall, our child
which the justice system can better serve children.
poverty rate is higher than that in any compa-
This Working Group therefore looked at children
rable country.
V
600
ATTORNEY GENERAL
89t0 VIS 202
16:22
08/20/80
Most poor children in this country have at least
and achieve their potential will repay society a hun-
one parent who works."
dredfold by their achievements.
Economic conditions now require many families
As attorneys, and as representatives of the organ-
to send both parents into the work force to raise
ized bar, the members of the Working Group look at
their family out of poverty.' The increase in child
the problems facing America's children through a
poverty since the 1970s is attributable to many
special lens. (See Appendix A) We see what doesn't
factors, including the declining earning power of
work when children and their families end up in
many young parents and the growth of single-
overburdened courts, when potentially useful laws
parent families.¹³ More than two in five poor
and regulations are enacted but not carried out, and
children live in two-parent households.¹⁴
when existing laws and regulations undermine chil-
Children in single-parent (usually female-
dren's well-being. We see the failings of administra-
headed) houscholds are far more likely to be
tive agencies, and the dependency and despair that
poor than children in two-parent families."
result from poor education, dangerous neighbor-
During the last two decades, the proportion of
hoods, and lack of stability or hope. Thus we can no
longer confine our vision to a narrow focus on "law,"
children born outside of marriage has tripled-
constituting 27% of all babies born in this coun-
but must look for ways in which legal changes may
redress broad social problems.
try, 18% of Caucasian and 63% of African-
As we probed these problems, we realized that, as
American births." Moreover. the divorce rate
à group. lawyers generally have had a far too limited
nearly tripled during this period, SO that only
vision of the needs of America's children and the
one-quarter to one-half of all children born today
preventive and corrective actions necessary to respond
will live with both of their parents throughout
to those needs. We must candidly confess that some
their childhood.¹*
lawyers may overestimate the effectiveness of law-
Gunshot wounds are the leading cause of death
suits in resolving social problems. Too often, lawyers
for both African-American and white leen-age
indulge in an unarticulated belief that occasional legal
boys in America."
victories for children that arise from complex judicial
African-American and Latino children are more
processes are SO pivotal that they resolve the under-
likely than Caucasian children to be poor. Fully
lying social problems that place children at risk.
one-third of poor children are African-Ameri-
Litigation and legal advocacy, while important.
can, although African-Americans make up only
cannot make up for all of the societal failures to nur-
about 15% of the population.3
ture, care for and support children of all ages. During
the preschool years-trom birth to age three or four-
It costs about $30,000 a year to imprison a
youngster, and $123,000 to keep a child in foster
children's ability to think and language skills pro-
gress rapidly. Child development experts advise that
care to age 18-more than it costs to attend a
children need a good start that promotes develop-
first-class boarding school, private college or to
ment of cognitive and language skills, a positive self-
support 2 siot in the Job Corps."
image, motivation to learn and physical and mental
We should not infer from these dire statistics that
health." At the other end of the spectrum, adoles-
all poor or minority children are doomed to failure.
cents also need support. but social programs fre-
Far from it. We are inspired by the lives of children
quently ignore them Adolescence is a critical stage of
who are trying desperately to make it, despite the
development during which children remain amena-
odds: Children like Ladecta Smith who grew up in a
ble to intervention efforts designed to enhance their
crime-ridden neighborhood, and watched her mother
capabilities and achievements.25
die of AIDS, but who is determined to go to college:
Thousands of children and infants who need assis-
children like 17-year-old Shawn Hunt, once
tance never appear in the courts, nor should they.
embroiled in the drug trade and now headed for coi-
They are victims of deficiencies of the social system,
lege." We believe that the streets of America's inner
for whom no lawyer can craft an adequate argument
cities and rural counties are filled with youngsters
and no judge can devise an adequate decree that will
who could break through to a better life if somebody
aid them. They are lost in the sinking sand of poverty
only gave them a chance. Such opportunities must be
and powerlessness and lawyers, as a group, have done
provided by society as a whole, by social institutions
little to extricate them from those conditions. Most
and by individuals who have the power to see beyond
lawvers still operate primarily "downstream." after
stereotypes and the moral fortitude to help children
children are in crisis. By the time children appear
on their way. In short, each of us has a role to play.
before courts, they are already SO far downstream that
Children given the opportunity to pursue their dreams
they are hard to reach.
vi
OIO
ATTORNEY GENERAL
8910 FIS 202
16:23
08/20/80
Lawyers must play a more visionary role for chil-
dren midstream and upstream. The legal profession
should lead national. state and local efforts to help
children in need. Lawyers must learn, and must help
legislators and other citizens to understand that pre-
natal care. preventive health care. safe physical envi-
ronments and quality child care are needed upstream
to prevent children from getting into trouble with the
justice system later. Similarly, like the fishermen.
lawyers must plunge in up to their waists to help res-
cue children slipping into crisis such as those who
are falling, behind in educational achievement. or liv-
ing in inadequate housing in impoverished neighbor-
hoods where they see no hope for a better future.
Due to the constraints of time, and of our limited
expertise, we have not attempted to cover every pos.
sible topic that touches the lives of children. For the
same reasons, we have performed little original
research, but have relied heavily on numerous reports
from many disciplines. and on our collective exper
tise regarding children's legal needs, The recommen-
dations that follow reflect that, just as the problems
confronting America's children are not new (though
they have increased in intensity), most of the solu-
tions we propose build on ideas that have been in
circulation for years or even decades. The Working
Group intentionally built upon the work that pre-
Lloyd Wolf
ceded it, just as thoughtful lawyers always attempt
to build on precedent.
Precedents abound. A book published in 1909
When we fail to support the development of the
entitled The Century of the Child contained chapters
next generation and of the (amilies that nurture
on homelessness, "soul murder in the schools," and
them. we deprive ourselves and the nation of a
child labor-all topics we consider below. 20 The report
part of our children's potential. Children who
lose a sense of decent future [sic] are likely to
of the first White House Conference on Children
become dispirited, angry, withdrawn, enraged
proclaimed in 1909 that the best way to preserve high
Above all, if they are excluded from the main-
standards of citizenship and a productive economy is
stream of society, they are rarely able to contrib-
to ensure each child "humane treatment. adequate
ute to the well being of society as adults. Indeed,
care, and proper education." a sentiment echood at
it is from the ranks of such condemned children
every subsequent White House conference on
that a large share of tomorrow's public wards will
children."
be recruited: the criminals, the derelicts, the
In the 1970s-a period during which the economic
embittered, the vandals, the muggers. For those
well-being of many children in the United States
Americans who enjoy the privilege of relative
improved-many national groups focused on chil-
affluence, failure to support a comprehensive
dren's legal and other needs. The Children's Defense
child and family policy is like deferring a heavy
Fund began its advocacy work for low-income and
tax to their children.2*
minority children in 1973. The Institute of Judicial
Yet-as a spate of more recent studies indicate
Administration and the ABA jointly devoted a dec-
the plight of America's children has worsened since
ade to developing 23 volumes of standards relating
1980. Now, in the final decade of what was once
to juvenlle justice. and, in the late 1970s the ABA's
optimistically heralded as "The Century of the Child,"
Young Lawyers Division created the ABA Center on
the bipartisan National Commission on Children
Children and the Law. The Carnegie Foundation
authorized by Congress sent what its Chairman called
funded a mammoth and much publicized research
a "stark and urgent message" to the American peo-
project which concluded that:
ple: "at every age. among all races and income groups,
vii
TIO
ATTORNEY GENERAL
8918 FTS 202
18:21
08/20/80
and in communities nationwide. many children are
have responded to
challenges from within.
in jeopardy.
Ours will be no exception.
The solutions are not always simple. and some are
This year, on the 25th Anniversary of the report of
costly. Experts agree, however, that every $1 spent
the Kerner Commission on Civil Disorders, a com-
on prevention of childhood distress will save our
memorative study concluded that:
society from $3 to $6 in rehabilitation and punish-
ment.31 Therefore, while we are sensitive to the
Those with vision need not despair about the
nation's financial condition and budget deficit, and
experiment in democracy that Alexis de Tocque
have looked for effective low-cost reforms, more and
ville described so cloquently in Democracy in
wiser spending is a necessary part of the solution. The
America in 1835. The fact is that we already know
Working Group believes the nation would be better
quite a bit about which investments work
off spending more heavily on education, job training
[T]he policies that work can bc summarized as
and housing than on foster care, homeless shelters
investing in people-especially children and
youth
35
and jails.
Nonetheless, because more than 65,000 of this
The time for action is long overdue. The Report that
nation's children are already in correctional facilities,
follows includes general recommendations and pro-
and tens of thousands more encounter the legal sys-
poses specific initiatives to the President. the Execu-
tem for reasons that include divorce, abuse. neglect.
five branch. Congress, the judiciary, state and local
a perceived need for supervision, or delinquency, we
governments and the organized bar, as well as indi-
also address reforms that ATP needed immediately so
vidual attorneys. If each responds, then this great
that the justice system can deal more effectively with
nation should Lie able to reduce the number of chil-
children.
dren who fall into the rivers of despair. poverty, and
As the National Commission on the Causes and
tailure, and to rescue many of those who have fallen
Prevention of Violence observed more than two dec.
in.
ades ago, when:
the great civilizations fell, it was less often from
external assault than from internal decay
The greatness and durability of most civiliza-
tions has been finally determined by how they
A. Leon Higginbotham, Jr.
Chair
Catherine J. Ross
Vice Chair
viii
012
ATTORNEY GENERAL
8910 FTS 2022
16:25
08/20/80
EXECUTIVE SUMMARY
Our society is failing to protect its children and fails
State courts are overwhelmed by cases involving
them even more once they are in crisis. As a result.
families and children. because of, among other
America's children are increasingly at risk.
things, rapid rises in reported cases of abuse and
Nearly one-quarter of all children under age six
neglect. and federal legislation that placed but-
in the United States live in families with incomes
dens on state courts without additional funding.
beneath the federally recognized poverty level
Judges simply do not have the time to make crit-
($11,892 annually for a family of three)
ical decisions involving children. In Chicago. for
Families with young children make up the larg.
example, juvenile delinquency judges hear 1,700
est proportion of Americans living in poverty.
cases a month: in Los Angeles, juvenile court
These poor families often cannot provide their
judges have about ten minutes to devote to each
case
children with adequate housing, food. or health
care. The parents frequently suffer from high
Children too frequently find themselves before
levels of stress and hopelessness that may reduce
courts without benefit of counsel. despite their
their ability to provide their children with the
constitutional and statutory rights to counsel in
emotional support and stimulation necessary 10
many kinds of cases.
healthy development.
Children detained pending trial or confined fol-
Most poor families are white, and the child Pov-
lowing trial too often suffer placement in over-
erty rate is even higher in rural communities than
crowded facilities which fail 10 provide adequate
in the inner cities. Yet African-American chil-
education or health care. and which expose them
dren are for more likely than white children to
to violence within the institution.
be poor.
Today. one in four children in this country Is
raised by one parent, due in large part to geo-
metric increases in births outside of marriage and
in the divorce rate over the last three decades.
Only about half of the women entitled to child
support receive the full amount to which they
are entitled, and one-quarter do not receive any
child support at all
Guns kill or injure 40 children every day. Gun-
shot wounds are the leading cause of death
among both white and African-American leen-
age boys in the United States.
Fewer than half of all 17-year-olds in this coun-
try possess the academic skills needed to hold
most entry-level jobs or to attend college.
Eight million American children lack any kind of
health coverage.
The United States spends substantial amounts of
money keeping roughly 600,000 children in fos
ter care, but does not devote sufficient resources
to preventive services that would help keep chil-
dren safe in their own families.
Families that need services-ranging from hous-
ing to counseling-too frequently cannot obtain
those services at all, cannot get transportation to
the services that are offered, or receive frag-
mented services from too many different social
services agencies rather than the comprehensive
Lloyd Woll
services that experts agree they need.
ix
013
ATTORNEY GENERAL
0468 IS 202
16:25
08/20/90
Lawyers have a particular interest in the fate of all
illes with children have incomes sufficient to
American children-regardless of sucio-economic
provide them with the basic essentials of life,
class, race or ethnicity-because if children do not
including safe, affordable housing and health
grow up strong and prepared to be self-sufficient, they
care;
will be unable to participate fully in either our econ-
(iv) states must improve the justice system's ability
omy or our democracy. As attorneys, the members of
to meet the needs of children by (a) ensuring
the Working Group see what happens to children
that all children who are entitled to counsel
when the system does not work-when potentially
useful laws and regulations exist but are not enforced.
receive competent counsel, (b) reorganizing and
when existing laws and regulations interfere with
funding the courts that handle cases involving
children's well-being. and when children and their
children so that they can respond more ade-
families end up in the overburdened judicial system
quately to children's needs, (c) including alter-
or as wards of the state, whether in foster care or cor-
native forms of dispute resolution such as
rectional institutions. While the Working Croup is
mediation, where appropriate, and (d) improv-
sensitive to the nation's financial condition and the
ing conditions of detention and confinement
budget deficit, wiser and increased spending is a nec-
for juveniles; and
essary part of the solution. Experts agree that every
(v) the nation must devote more resources to pre-
$1 spent on prevention of childhood distress will save
ventive services-offered on a voluntary basis
a minimum of $3 later on in rehabilitation and
before families are labelled as in need of state
punishment.
intervention. For example, families should
Five broad themes for addressing children's unmet
receive housing and parenting assistance before
legal needs emerged from the Working Group's
their children enter foster care. Availability and
deliberations:
quality of day care should be improved. Among
(i) The ABA should lead a national effort to recruit
other things, the nation must recognize vio-
lawyers to provide free legal assistance to chil-
lence and substance abuse as public health
dren before children end "P in the court sys-
problems and should enact strong gun control
tem-lawyers know how to identify resources,
legislation to protect children from guns in their
cut through red tape and work out inter-agency
homes. at school and on the streets.
jurisdictional conflicts, and should help chil-
Appendix B to this Report summarizes our recom-
dren who need this kind of representation as
mendations regarding specific initiatives through
well as those who need representation in courts;
which the President, the Executive branch, Congress,
(ii) federal, state and local governments should
the judiciary. the states and localities, the organized
enforce the many strong laws and regulations
bar and individual attorneys can respond to the uninet
that have already been adopted to assist fam-
legal freeds of America's children. Other recommen-
ilies and children, including the Juvenile Justice
dations and suggestions are contained throughout the
and Delinquency Prevention Act, the Adoption
Report.
Assistance and Child Welfare Act, the Fair
The Working Group calls on the ABA to pursue
Housing Act (which outlaws discrimination in
implementation of those specific recommendations by
housing), the McKinney Act (designed to aid
continued advocacy under the leadership of a new
the homeless), laws intended to enhance edu-
ABA Steering Committee on the Unmet Legal Needs
cational opportunity for all children, and child
of Children and Their Families, and a new ABA-spon
labor laws;
sored Coalition for Children that would include busi-
(iii) the nation must enact new legislation-at the
ness and community leaders and child advocates as
federal and state levels-to ensure that all fam-
well as members of the organized bar.
FTO
ATTORNEY GENERAL
8910 S11 202
16:26
08/20/80
The Honorable A. Leon Higginbotham, Jr., Chair
Michael E. Barber
(Appointed by ABA President J. Michael McWilliams)
(Appointed by the ABA Section of Family Law)
Judge Higginbotham is of counsel to Paul, Weiss, Rif-
Mr. Barber, a sole practitioner in Sacramento, California,
kind, Wharton & Garrison, which he joined after retiring
has extensive experience in child support enforcement. He
as Chief Judge of the United States Court of Appeals for
is a past chair of the ABA's Section of Family Law and past
the Third Circuit. He served as a federal judge for more
president of the District Attorney's Family Support Council
than 29 years, including 15 years on the Court of Appeals
in California. Most recently, he served on the United States
and 14 years on the United States District Court. In 1962,
Commission on Interstate Child Support Enforcement, and
he was appointed to the United States Federal Trade Com-
he has worked for several United States presidential
mission. He has served on many national commissions
administrations on developing national child support policy.
including the National Commission on the Causes and
Prevention of Violence and the Commission on Reform of
The Honorable Rosemary Barkett
Federal Criminal Laws. Judge Higginbotham is the author
(Appointed by the ABA Commission on Homelessness
of In the Matter of Color, published by Oxford University
and Poverty)
Press in 1978, which received the ABA's Silver Gavel
Chief Justice Barkett is Chief Justice of the Florida
Award. He has been an adjunct professor at several uni-
Supreme Court. As chair of the Child Welfare and Child
versities, including the University of Pennsylvania, Har-
Support Study in Florida, she has been instrumental in
vard University, Yale University, New York University, the
changing public opinion on the protection of individual
University of Michigan and Stanford University.
rights of children in that state. Chief Justice Barkett has also
played a role in revising Florida's domestic laws affecting
families and children.
Catherine J. Ross, Vice Chair
(Appointed by ABA President J. Michael McWilliams)
Ms. Ross is an associate in the litigation department at
Daniel L. Skoler
Paul, Weiss, Rifkind, Wharton & Garrison. She earned a
(Appointed by the ABA Section of
doctorate in history from Yale, held a post-doctoral fellow-
Individual Rights and Responsibilities)
ship at the Bush Center for Child Development and Social
Mr. Skoler is currently an associate commissioner within
Policy at Yale and, prior to attending law school, was on
the U.S. Social Security Administration. He has served as
the faculty of the Yale Child Study Center, Yale University
the executive director of the National Council of Juvenile
School of Medicine. She has taught, written and consulted
and Family Court Judges, a member of the Advisory Board
about child abuse and neglect, foster care, children's rights,
of the ABA Center on Children and the Law, and a mem-
the welfare system, and programs to serve impoverished
ber of the ABA/IJA Joint Commission on Juvenile Justice
children. Ms. Ross is joint editor of Child Abuse: An Agenda
Standards. He currently chairs the work group established
for Action published by Oxford University Press in 1980.
by the ABA to assist the U.S. Executive Branch and the
Senate in identification and clarification of issues relevant
to the ratification of the United Nations Convention on the
David M. Abromowitz
Rights of the Child.
(Appointed by the ABA Forum Committee on
Affordable Housing & Community Development Law)
Mr. Abromowitz is an attorney at Goulston & Storrs,
Diane C. Yu
Boston, Massachusetts, where he specializes in housing
(Appointed by the ABA Commission on Opportunities
development for low- and moderate-income residents. He
for Minorities in the Profession)
founded and currently co-chairs the Lawyers Clearing-
Ms. Yu is currently General Counsel for the State Bar of
house on Affordable Housing and Homelessness, a pro
California. Prior to her present appointment in 1987, she
bono program of the Boston and Massachusetts Bar Asso-
was a White House Fellow in Washington, D.C., following
ciations, which provides legal services to non-profit devel-
three years as the Superior Court Commissioner in Probate
opers and shelters.
and Family Law for Alameda County. She serves on the
board of the California Consortium for the Prevention of
Child Abuse.
Robert G. Schwartz
(Appointed by the ABA Juvenile Justice Committee,
Criminal Justice Section)
Mr. Schwartz is the co-founder and executive director of
the Juvenile Law Center, a Philadelphia-based public
interest law firm. He works with advocates and public pol-
icy makers throughout the country to improve child serv-
ing systems and is involved with promoting family and
community-based services, ensuring delivery of quality
health care, and reducing barriers to services.
PHOTOCOPY
PRESERVATION
MEMORANDUM
August 2, 1993
TO:
Kim Tilley, Amy Nemko and Nicole Rabner
FROM:
Mark Bernkopf
RE:
Windows Training Session Confirmation
Your Windows training session will be held on Tuesday morning August 3 from 9:00 a.m.
to 10:30 a.m. in NEOB Room 7233.
PHOTOCOPY
PRESERVATION
FBI Nominee Draws Senate Panel's Acclaim
JULY 30, 1993
Freeh: 'Crime prevention is like
desperate effort to cover up cronyism and legitimize
the dismissal of the entire White House travel office
health prevention,' the
staff."
director-designate says in urging
Freeh did not comment on the travel office case,
in which the White House directly contacted the
programs aimed at children.
FBI to investigate the unit and then called in the
FBI's chief spokesman when drafting an unusual
By RONALDJ. OSTROW
press release on the sensitive inquiry.
But Freeh said that he had been "assured
TIMES STAFF WRITER
completely and without reservation" by both Presi-
W
ASHINGTON-Winning praise from the Sen-
dent Clinton and Reno that he would be able to run
ate panel considering his nomination, FBI
the bureau free of political influence.
Director-designate Louis J. Freeh Thursday advo-
"If that changes. somebody will hear about it,"
cated anti-crime programs aimed at children-in
Freeh told Sen. Charles E. Grassley (R-lowa.).
line with a central theme espoused by Atty. Gen.
The 43-year-old Freeh, a former federal prosecu-
Janet Reno.
tor and FBI agent, was named to succeed William S.
LOS ANGELES EDITION
"Crime prevention is like health prevention." he
Sessions-who was fired by Clinton after refusing to
said. "If we don't inoculate children against diseases,
resign in the wake of a Justice Department ethics
we have epidemics that take a terrible toll. Preven-
report which found that he had abused his office.
tion is one of the most valuable tools in the
Freeh's approval by the committee and confirmation
anti-crime arsenal, and we must use it to help
by the full Senate seems likely next week.
reduce the pandemic of crime that now exists."
Freeh, a federal judge from New York. told of a
S
en. Alan K. Simpson (R-Wyo.), contending that
Sessions "did a fine job," said that he suspects
defendant who came before him earlier this week
Sessions "took a torpedo underneath the waterline
and pleaded guilty to a series of drug-related
from someone in that agency." Simpson asked what
homicides "in a monotone and emotionless state
Freeh would do if he discovered a network of FBI
which had an absolutely frightening impact on me."
officials who had plotted against Sessions.
He described the young man as an individual who
"A network like that has no place in the FBI,"
grew up without a home, any love or direction,
Freeh said. "I would eliminate it."
starting from the age of 3. and noted that there is "a
Sen. William S. Cohen (R-Me.). reacting to
distinct class of defendants who reach a certain point
Freeh's choice of words, asked if he would be more
in their life where nothing can be done but to
specific and Freeh said that he would "administra-
incarcerate them for the rest of their lives."
tively correct it."
While acknowledging that the FBI does not deal
Freeh. in other comments:
with the root causes of crime, Freeh said that, "as an
Noted that 25% to 40% of the FBI's 10,000
FBI agent and prosecutor. I have seen firsthand the
special agents are eligible to retire over the next
terrible poverty and hopelessness in our major urban
several years, which while it could sap the bureau of
areas. As a high school student. 1 spent a summer
BERNIE BOSTON / Los Angeles Times
expertise will present the opportunity to recruit
working in a health care and literacy program in a
FBI director-designate Louis J. Freeh at hearings on his nomination.
more agents of diverse ethnic backgrounds and more
rural area where the grinding poverty was just as
women-continuing efforts initiated by Sessions and
bad as in our cities.
unusual expression by a nominee to head the FBI.
his predecessor William H. Webster.
"Such conditions are intolerable and if we do not attack
The only note of disharmony at the Senate Judiciary
Pointed to the proliferation of weapons technology and
the root causes of crime and save our children. conditions
Committee hearing came when the ranking Republican,
arsenals in the hands of "clearly terrorist nations" and
will be even worse 10 years from now. and we will again
Sen. Orrin G. Hatch of Utah. accused the Clinton
cited "the possibility that some terrorist nation may one
have lost much of a new generation," Freeh said in an
Administration of violating FBI independence "in its
day acquire nuclear weapons."
LOS ANGELES TIMES / WASHINGTON EDITION
FRIDAY. JULY 30, 1993
Committee Approves
Ginsburg Nomination
Robert H. Bork and now-Justice An-
By DAVID G. SAVAGE
TIMES STAFF WRITER
tonin Scalia, Hatch said.
As a Supreme Court justice, Ginsburg
W
ASHINGTON-Supreme Court
cannot be both another Marshall and
nominee Ruth Bader Ginsburg
another Bork. but only a few committee
won a unanimous endorsement from
Republicans voiced doubts about Gins-
the Senate Judiciary Committee on
burg's answers during her three days of
Thursday. paving the way for her
hearings.
likely confirmation by the full Senate
She endorsed the right to abortion-
next week.
the first nominee to do so explicitly-
The 18-0 vote came only SIX weeks
but she refused to state her view on the
after her nomination. and it showed
constitutionality of the death penalty.
again that President Clinton made a
Committee Chairman Joseph R. Bi-
deft choice in selecting the 60-year-old
den Jr. (D-Del.) said Ginsburg is "one
appeals court judge.
of the brightest nominees ever to come
The committee's liberal Democrats
before this committee" and is the
praised Ginsburg as a trail-blazing
"embodiment of a proper judicial tem-
advocate for women's rights, while
perament."
conservative Republicans lauded her
record of restraint on the bench.
"As a justice. she will have the
T
he unanimous praise for Ginsburg
contrasted sharply with the scene
opportunity to follow in the footsteps of
two years ago when the panel met to
Justice Thurgood Marshall. one of the
vote on the nomination of Clarence
nation's constitutional giants. who be-
Thomas. The members split, 7 to 7. but
gan his career as a leading advocate in
agreed to send the nomination to the
the struggle against discrimination."
Senate floor. A week later it was
said Sen. Edward M. Kennedy (D-
revealed that law professor Anita Faye
Mass.).
Hill had accused Thomas of sexual
Sen. Orrin G. Hatch (R-Utah) said
harassment, leading to another round
he is convinced that Ginsburg "respects
of contentious hearings before he was
the proper role of the judiciary in our
finally confirmed as a justice.
system." Despite her liberal record as
Barring an objection from a senator,
an attorney. in 13 years of rulings on
the full Senate is likely to confirm
the federal appeals court for the Dis-
Ginsburg's nomination next week. She
trict of Columbia, Ginsburg often sided
will be the 107th justice of the Supreme
with conservative colleagues such as
Court and its second female justice.
123
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AUG- 2-93 MON 11:35 S D
P.02
Congressman
RSC
News From
David Bonior
Michigan - 10th District
2207 Rayburn
59 North Walnut. Suite 305
526 Water Street
Washington, D.C. 20515
Mt. Clemens. MI 48043-5677
Port Huron, MI 48060-5492
202/225-2106
313/469-3232
313/987-8889
TTY Available
TTY Available
Fax Available
Fax 313/469-7950
Over 100 Members of Congress Sign Letter:
Health Care Reform Before NAFTA
Statement of Congressman David E. Bonior
July 27, 1993
We are here today to send one simple message -- NAFTA is not our
priority health care is.
The debate over NAFTA will be divisive. It will be contentious. It will
split our country.
The vast majority of the Members of our party oppose NAFTA.
But regardless of how we feel about NAFTA it must not interfere with
our other pressing priorities like health care.
We expect the President to propose a health care package in September.
We are eager to work on it to build the coalition necessary to pass a
package that will guarantee that no one in America will ever lose their health
insurance to make sure that we in this Congress, for the first time in history.
will guarantee Americans quality, affordable health care.
As many of you know. I am strongly opposed to NAFTA. So are many of
us here. And so are the vast majority of those who signed this letter.
I do not believe NAFTA can be fixed with side agreements.
It is fundamentally flawed. It will not help the working people of the U.S.
or Mexico.
The differences between the economic and political systems in the U.S.
and Mexico are too wide. The number of jobs that will be lost are too high.
And the cost to the environment will be too great.
But regardless of what eventually happens or does not happen with
NAFTA health care must come first.
If we fall to act on health care reform, over the next two years, 1 out of
every 4 Americans -- 63 million people will lose their health coverage for
some period.
Extended Page
2.1
We cannot afford to delay. We cannot afford to get tangled in side issues.
Too many parents can't sleep at night because they worry -- who will pay
the bills for a sick child?
Too many seniors have to choose between medicine and other
necessities.
Too many businesses are going under because health insurance
premiums are going through the roof.
We can't wait much longer for health care. And we can't afford to wage
this fight under the cloud of NAFTA.
THIS STATIONARY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
AUG- 2-93 MON 11:36 S D
P.03
Congress of the United lates
House of Representatibes
Washington, BC 20515
July 26, 1993
The Honorable William J. Clinton
President of the United States
The White House
Washington, DC 20500
Dear Mr. President:
We are writing to urge you to withhold submission of legislation to
implement the North American Free Trade Agreement until we have
considered and passed health care reform legislation.
We believe health care reform will be one of the most complex
legislative initiatives undertaken by Congress. Passage of a plan that
controls costs and provides health security for all Americans will require
our full attention.
The debate over NAFTA will be difficult and divisive. It will
detract from our efforts to build a broad coalition of support for health
care reform.
While we each hold different opinions about the merits of NAFTA,
we all agree that health care reform must come first.
Sincerely,
Lane Evans
marcy Kaptur
George M.H
and C. Resease
Sherrood Brown
B.Finer
AUG- 2-93 MON 11:37 S D
P.04
Signatories on Letter to President: Health Care Before NAFTA
Abercrombie, Neil (HI)
Klink, Ron (PA)
Applegate, Douglas (OH)
LaFalce, John J. (NY)
Barca, Peter W. (WI)
Lancaster, H. Martin (NC)
Barcia. James A. (MI)
Lantos, Tom (CA)
Barlow. Thomas J., III (KY)
LaRocco, Larry (ID)
Bilbray, James H. (NV)
Lehman, Richard H. (CA)
Bonior. David E. (MI)
Lewis, John (GA)
Borski. Robert A. (PA)
Lipinski, William O. (IL)
Brown, George E., Jr. (CA)
Lloyd. Marilyn (TN)
Brown, Sherrod (OH)
McKinney, Cynthia A. (GA)
Byrne. Leslie L. (VA)
Manton, Thomas J. (NY)*
Clayton, Eva M. (NC)
Martinez, Matthew G. (CA)
Clement, Bob (TN)
Meehan, Martin T. (MA)
Clyburn. James E. (SC)
Miller, George (CA)
Collins. Barbara-Rose (IL)
Mink, Patsy T. (HI)
Collins, Cardiss (MI)
Mollohan, Alan B. (WV)
Conyers. John. Jr. (MI)
Murtha, John P. (PA)
Cramer. Robert E., Jr. (AL)
Nadler, Jerrold (NY)
Danner. Pat (MO)
Neal, Stephen L. (NC)
Darden, George (Buddy) (GA)
Oberstar, James L. (MN)
DeFazio, Peter A. (OR)
Obey, David R. (WI)
DeLauro, Rosa L. (CT)
Olver, John W. (MA)
Dellums. Ronald V. (CA)
Owens, Major R. (NY)
de Lugo, Ron (VI)
Pallone, Frank. Jr. (NJ)
Derrick, Butler (SC)
Payne, Donald M. (NJ)
Deutsch. Peter (FL)
Pelosi, Nancy (CA)
Engel. Eliot L. (NY)
Peterson, Collin C. (MN)
English. Karan (AZ)
Pomeroy, Earl (ND)
Eshoo. Anna G. (CA)
Poshard, Glenn (IL)
Evans. Lane (IL)
Rahall, Nick J., II (WV)
Farr. Sam (CA)
Roemer, Tim (IN)
Filner, Bob (CA)
Rose, Charlie (NC)
Flake. Floyd H. (NY)
Rush, Bobby L. (IL)
Foglietta. Thomas S. (PA)
Sanders. Bernard (VT)
Ford. William D. (MI)
Schenk, Lynn (CA)
Frank, Barney (MA)
Strickland, Ted (OH)
Furse. Elizabeth (OR)
Stupak, Bart (MI)
Gejdenson. Sam (CT)
Swett, Dick (NH)
Gonzalez. Henry B. (TX)
Thompson, Bennie G. (MS)
Green. Gene (TX)
Thurman, Karen L. (FL)
Gutierrez, Luis V. (IL)
Towns, Edolphus (NY)
Hamburg, Dan (CA)
Traficant. James A., Jr. (OH)
Harman, Jane (CA)
Unsoeld, Jolene (WA)
Hastings. Alcee L. (FL)
Velázquez, Nydia M. (NY)
Hilliard. Earl F. (AL)
Vento, Bruce F. (MN)
Hinchey, Maurice D. (NY)
Volkmer, Harold L. (MO)
Hochbrueckner, George J. (NY)
Washington, Craig A. (TX)
Holden. Tim (PA)
Waters. Maxine (CA)
Hughes, William J. (NJ)
Wheat, Alan (MO)
Jacobs. Andrew, Jr. (IN)
Woolsey, Lynn C. (CA)
Kaptur. Marcy (OH)
Kildee. Dale E. (MI)
* Signed onto letter after transmittal
Kleczka. Gerald D. (WI)
to President
Klein. Herb (NJ)
2-93 MON 11:37 S D
P.04
Signatories on Letter to President: Health Care Before NAFTA
Abercrombie, Neil (HI)
Klink, Ron (PA)
Applegate, Douglas (OH)
LaFalce. John J. (NY)
Barca. Peter W. (WI)
Lancaster, H. Martin (NC)
Barcia, James A. (MI)
Lantos, Tom (CA)
Barlow. Thomas J., III (KY)
LaRocco, Larry (ID)
Bilbray, James H. (NV)
Lehman. Richard H. (CA)
Bonior. David E. (MI)
Lewis, John (GA)
Borski. Robert A. (PA)
Lipinski, William O. (IL)
Brown, George E., Jr. (CA)
Lloyd, Marilyn (TN)
Brown. Sherrod (OH)
McKinney, Cynthia A. (GA)
Byrne, Leslie L. (VA)
Manton, Thomas J. (NY)*
Clayton, Eva M. (NC)
Martinez, Matthew G. (CA)
Clement, Bob (TN)
Meehan, Martin T. (MA)
Clyburn. James E. (SC)
Miller, George (CA)
Collins, Barbara-Rose (IL)
Mink, Patsy T. (HI)
Collins, Cardiss (MI)
Mollohan, Alan B. (WV)
Conyers. John. Jr. (MI)
Murtha, John P. (PA)
Cramer. Robert E., Jr. (AL)
Nadler, Jerrold (NY)
Danner. Pat (MO)
Neal, Stephen L. (NC)
Darden, George (Buddy) (GA)
Oberstar, James L. (MN)
DeFazio, Peter A. (OR)
Obey, David R. (WI)
DeLauro, Rosa L. (CT)
Olver, John W. (MA)
Dellums, Ronald V. (CA)
Owens, Major R. (NY)
de Lugo, Ron (VI)
Pallone, Frank, Jr. (NJ)
Derrick, Butler (SC)
Payne. Donald M. (NJ)
Deutsch. Peter (FL)
Pelosi, Nancy (CA)
Engel. Eliot L. (NY)
Peterson, Collin C. (MN)
English. Karan (AZ)
Pomeroy, Earl (ND)
Eshoo. Anna G. (CA)
Poshard, Glenn (IL)
Evans. Lane (IL)
Rahall, Nick J., II (WV)
Farr. Sam (CA)
Roemer, Tim (IN)
Filner. Bob (CA)
Rose, Charlie (NC)
Flake. Floyd H. (NY)
Rush, Bobby L. (IL)
Foglietta. Thomas S. (PA)
Sanders, Bernard (VT)
Ford. William D. (MI)
Schenk, Lynn (CA)
Frank. Barney (MA)
Strickland, Ted (OH)
Furse. Elizabeth (OR)
Stupak, Bart (MI)
Gejdenson. Sam (CT)
Swett, Dick (NH)
Gonzalez. Henry B. (TX)
Thompson, Bennie G. (MS)
Green. Gene (TX)
Thurman, Karen L. (FL)
Gutierrez, Luis V. (IL)
Towns, Edolphus (NY)
Hamburg, Dan (CA)
Traficant. James A., Jr. (OH)
Harman, Jane (CA)
Unsoeld, Jolene (WA)
Hastings. Alcee L. (FL)
Velázquez, Nydia M. (NY)
Hilliard, Earl F. (AL)
Vento, Bruce F. (MN)
Hinchey, Maurice D. (NY)
Volkmer, Harold L. (MO)
Hochbrueckner, George J. (NY)
Washington, Craig A. (TX)
Holden. Tim (PA)
Waters, Maxine (CA)
Hughes. William J. (NJ)
Wheat, Alan (MO)
Jacobs. Andrew, Jr. (IN)
Woolsey, Lynn C. (CA)
Kaptur. Marcy (OH)
Kildee. Dale E. (MI)
* Signed onto letter after transmittal
Kleczka. Gerald D. (WI)
to President
Klein. Herb (NJ)
08/02/93 16:43
PAUL WEISS RIFKIND + 899430001P4562239
NO.625 P00.:
gp \13\agenda
AGENDA
WHITE HOUSE MEETING WITH HILLARY RODHAM CLINTON
PROPOSED SCRIPT
12:00-12:06
Photographers Present
Stillp
Photos
Stills
1.
Hillary Rodham Clinton, Attorney General Reno
and J. Michael McWilliams
2.
All of above in number 1 plus A. Lean
Higginbotham, Jr. and Catherine J. ROSS
3.
All of above in number 2 plus Ernest
Rubenstein
4.
All of above in number 3 plus other
attendees:
Cluster Conveners:
David M. Abromowitz
Michael E. Barber
Honorable Rosemary Barkett
Robert S. Schwartz
Daniel L. Skoler
Deane C. Yu
And:
George E. Bushnell, III (President-elect
of ABA for 1994-95)
Barbara Mendel Mayden (ABA Board of
Governors Executive Committee,
representing K. william Ide, III
(in-coming ABA President)
PAUL WEISS RIFKIND 899430001P4562239
NO.625 P003
08/02/93 16:44
Press Deport /AO will be
presents there II major focus HRC
2
10:95
12:06-12:15
Michael McWilliams (3 minutes) A. Leon
Higginbotham, Jr. (2 minutes) and Catherine
J. Ross (1 minute) present report to Hillary
Rodham Clinton H
Photographers Leave ? ?
12:16-
Comments by Hillary Rodham Clinton (ard as
your discretion), Attorney General Reno
We want the rormat that Hillary Rodham Clinton
will find most desirable. options are that she
merely asknowlodee receipt of the report are now
that the ABA can make a significant difference 1.2.
its members antempt to implament the
recommendant ms. Please note that we quote
Hillary Hoddam Clinton at D. 6 where we note that
she stated SO forcefully:
HRCKNOW Report
hours
We must start by changing our profession's
other
priorities. The law, the lawyers, and the
judges protecting our families deserve
least me respect now given to the law, the
Kin simpase as
lawyers, and the judges protecting our
corporation boardrooms.
will need NAFT A
MECHAE
update for HRS
mtg that incluses
BONIOR
7
12:30pm
CHED
JORDANA sensing
over letter
ULTO X2645
PHOTOCOPY
PRESERVATION
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002. memo
From: John Galles, To: Julie Hopper, Re: Meeting with Mrs. Clinton
8/2/93
b(6)
at I p.m. on 8/3/93 [partial] (2 pages)
COLLECTION:
Clinton Presidential Records
Fist Lady's Office
Liz Bowyer
OA/Box Number: 5433
FOLDER TITLE:
[HRC Daily File] Tuesday August 3 [1993]
2014-0483-S
sb347
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA|
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA
h(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
1
August 2, 1993
NATIONAL SMALL BUSINESS UNITED
Memorandum
1155 15TH STREET. N.W.
To:
Julie Hopper
SUITE 710
WASHINGTON. D.C. 20005
From:
John Galles
202-293-8830
Executive Vice President
FAX: 202-872-8543
Re:
Meeting with Ms. Clinton at 1 p.m. on 8/3/93
Below listed are the names, birthdates, and social security
numbers, addresses and phone numbers for the NSBU participants in
our scheduled meeting.
Gary Kushner
Kushner & Company Inc.
(b)(6)
002
141 East Michigan Ave., #400
Kalamazoo, MI 49007
(616) 342-1700
Bill Lindsay
Lindsay-Sandbak
(b)(6)
002
5660 Greenwood Plaza Blvd., Suite 514
Englewood, CO 80111
(303) 779-0613
John Polk
Council of Smaller Enterprises
(b)(6)
002
200 Tower City Center
Cleveland, OH 44113
(216) 621-3300
John Galles
National Small Business United
(b)(6)
002
1155 15th Street, NW, Suite 710
Washington, D.C. 20005
(202) 293-3300
Mary Del Brady
Allegheny Health Education &
(b)(6)
002
Resource Foundation
320 East North Avenue
Pittsburgh, PA 15212
(412) 359-6922
NSBU
August 2, 1993
NATIONAL SMALL BUSINESS UNITED
Memorandum
1155 15TH STREET. N.W.
To:
Julie Hopper
SUITE 710
WASHINGTON, D.C. 20005
From:
John Galles
202-293-8830
Executive Vice President
FAX: 202-872-3543
Re:
Meeting with Ms. Clinton at 1 p.m. on 8/3/93
Below listed are the names, birthdates, and social security
numbers, addresses and phone numbers for the NSBU participants in
our scheduled meeting.
Gary Kushner
Kushner & Company Inc.
(b)(6)
141 East Michigan Ave., #400
00 2
Kalamazoo, MI 49007
(616) 342-1700
Bill Lindsay
(b)(6)
Lindsay-Sandbak
002
5660 Greenwood Plaza Blvd., Suite 514
Englewood, CO 80111
(303) 779-0613
John Polk
Council of Smaller Enterprises
(b)(6)
200 Tower City Center
002
Cleveland, OH 44113
(216) 621-3300
John Galles
(b)(6)
National Small Business United
002
1155 15th Street, NW, Suite 710
Washington, D.C. 20005
(202) 293-3300
Mary Del Brady
Allegheny Health Education &
(b)(6)
002
Resource Foundation
320 East North Avenue
Pittsburgh, PA 15212
(412) 359-6922
200/100
D
N.S.B.U.
8543 877 2022
C0:91
08/20/90
Biography
NSBU
NATIONAL SMALL BUSINESS UNITED
1155 15TH STREET. N.W.
Gary B. Kushner
SUITE 710
WASHINGTON D.C. 20005
Treasurer
202-293-8830
FAX: 202-872-8543
National Small Business United
Gary B. Kushner is the founder and President of Kushner &
Company, Inc. in Kalamazoo, Michigan. Kushner & Company
is recognized nationally for its expertise in health care cost containment, flexible benefits and
retirement plans for small and medium-sized employers.
Mr. Kushner is the 1993 Treasurer of National Small Business United (NSBU) and
served on the Board of Trustees for a few years. He is a very active small business advocate.
Mr. Kushner served on the U.S. Chamber of Commerce Health Care and Employee Benefits
Committee and participated as-a special advisor to the U.S. Senate's Committee on Aging.
He was also appointed by the Governor to Michigan's Entrepreneurial and Small Business
Commission.
Mr. Kushner speaks to both national and regional groups on benefit plans for small
employers and is recognized as an expert in his field. He has testified before the U.S. Senate
Finance Committee, the U.S. House Ways and Means Committee and the U.S. House Small
Business Committee on employee benefit issues affecting small and medium-sized
employers.
Mr. Kushner holds a B.A. from Franklin and Marshall College in Lancaster,
Pennsylvania and an M.P.A. in Personnel from Western Michigan University.
002/007
N.S.B.U.
8543 872 202
18:03
08/20/80
Biography
NSBU
NATIONAL SMALL BUSINESS UNITED
1155 15TH STREET, N.W.
SUITE 710
Mary Del Brady
WASHINGTON, D.C. 20005
Board of Trustees
202-293-8830
FAX: 202-872-8543
National Small Business United
Mary Del Brady is Vice President of Allegheny Health,
Education and Research Foundation (AHERF), the only
state-wide health care system in Pennsylvania. AHERF delivers a comprehensive range of
health care services through seven hospitals, a continuing care facility, a medical college and
a research institute.
A small business owner and advocate for 16 years, Brady was partner in Nursing
Services, Inc., the largest, locally-owned nursing personnel service in Pittsburgh and founder
of MDB, Inc., a temporary clerical and administrative personnel service.
Brady serves as Chair of the Economic Development Committee of the Pennsylvania
Chamber of Business and Industry. She is also a member of the Governor's Economic
Development Partnership Committee, as well as a special subcommittee whose
responsibilities include policy recommendations regarding health care access and
affordability.
Brady has served in numerous leadership capacities including National President of the
National Association of Women Business Owners, a member of the Governor's Small
Business Advisory Council, steering committee member of the Governor's Conference on
Small Business, Vice-Chair of the Pennsylvania Delegation to the 1986 White House
Conference on Small Business and President of the Institute for Women Entrepreneurs.
For More Information Contact Marcia Bradford: (202) 293-8830.
9/92
003/007
/
N.S.B.U.
8543 877 202
16:04
08/20/99
Biography
NSBU
NATIONAL SMALL BUSINESS UNITED
1155 15TH STREET, N.W.
John Paul Galles
SUITE 710
WASHINGTON, D.C. 20005
Executive Vice President
202-293-8830
National Small Business United
FAX: 202-872-8543
John Paul Galles has been the Executive Vice President of National
Small Business United since 1987. He is the chief operating officer
of the association and is responsible for the planning, implementation and evaluation of policies
and activities for the 60,000 member association of small business owners, directing the
Washington, D.C.-based staff
Mr. Galles is a frequent speaker and is often quoted on health care reform and the special
concerns of small business in this area. He also speaks frequently on capital formation issues.
Mr Galles participates in a number of coalitions and organizations, including the Concerned
Alliance of Responsible Employers, the Coalition on Occupational Safety and Health, the
Product Liability Alliance and the American Tort Reform Association, the Council Against Drug
Abuse, the Wye Energy Group and the Trade Association Liaison Council. He also participated
in the National Leadership Coalition for Health Care Reform.
Additionally, Mr. Galles serves on the Executive Committee of the National Advisory Council to
the U.S. Small Business Administration and is a member of the American Society of Association
Executives.
Mr. Galles previously served as Executive Director of the Small Business Association of
Michigan, a 3,000 member, statewide association of small business owners, which is an affiliate
member of NSBU. Mr. Galles was very active in state legislative and administrative efforts to
improve the economic climate for small business in Michigan From 1983 to 1986, he served on
the Governor's Small Business Working Group, he was a member of the Board of Directors of
the Independent Business Research Office in Michigan and he was appointed by the Governor
to serve on the Board of the Michigan Energy Options Study Committee and the state's
Environmental Boards and Commissions Review Committee.
Mr. Galles is a graduate of Indiana University, with a B.A. in Business, Management and
Administration.
200/00
N.S.B.U.
8543 872 202
10:01
08/02/93
07/09/1993 08:54 7790613
LINDSAY-SANDBAK
PAGE 02
WILLIAM N. LINDSAY, III
Bill graduated from Gettysburg College in 1969 with a Bachelors degree in Political Science.
He obtained the designation of Chartered Life Under ("CLU") in 1976 from the American
College of Life Underwriters in Bryn Mawr, Pennsylvania. Bill has also taken graduate
classes offered by the American College of Life Underwriters, Bryn Mawr, Pennsylvania in
Pension and Estate planning. Currently, he is enrolled in the Certified Employee Benefit
Specialist courses ("CEBS") offered by the Wharton School of Business, University of
Pennsylvania.
Bill is also a Registered Principle with the National Association of Securities Dealers and the
Securities and Exchange Commission.
Bill has published and co-authored a series of articles or white papers on insurance,
employee benefits, health care, and health care reform. These include: "Marketing of Small
Groups" by the Alpha Center, "A Primer of Health Insurance Underwriting" by the Alpha
Center, "The Evolution of Health Insurance in America" by AHCPR, "The Future of American
Insurance Companies" by the National Underwriter magazine.
Bill currently serves as the chair of the Colorado Health Policy Council's Steering
Committee. He also co-chairs the Health Care Committee for the Greater Denver Chamber
of Commerce. He is currently the Vice President of the Colorado Group Insurance
Association and co-chair for their Health Care Reform Committee. Bill is also on the Board
of the Rocky Mountain Heart Planning Consortium and sits on the Health Care Committee
for the National Small Business United.
He has been a co-recipient of the Colorado Business Magazine "Ethics and Business" award
and the Colorado Trust's "Community Service" award.
005/007
N.S.B.U.
8343 877 2020
16:05
08/20/93
THE GROW TH ASSOCIATION
COSE
COUNCE OF SMALLER ENTERPRISES
CLEVELAND
JOHN J. POLK
Vice President, Greater Cleveland Growth Association
Executive Director, Council of Smaller Enterprises (COSE)
The Greater Cleveland Growth Association is the
nation's largest local chamber of commerce. COSE is the
Association's small business division, which serves a
membership of 12,000 local small businesses with programs
in management education, technical assistance, government
advocacy and employee benefits.
COSE's health care plans provide group health care
coverage to nearly 10,000 small companies. Member
companies cover 67,000 workers and more than 165,000
greater Clevelanders.
COSE's health care plan is a national model for a
creative, private-sector approach to providing affordable
group health care coverage to small employers and their
workers.
COSE's health plans have been the focus of articles
in INC. magazine, Nation's Business, the Wall Street
Journal, the Los Angeles Times, the New York Times, the
Chicago Tribune, the Washington Post, Industry Week, and
many industry and technical publications.
Legislation/Health Care Policy
John Polk has provided research and testimony before
numerous legislative committees and policy groups,
including:
The U.S. Bipartisan Commission on Comprehensive
Health Care (The Pepper Commission)
The National Commission on the Prevention of
Infant Mortality
Creater Cleveland Growth Association
200 Tower City Center
50 Public Square
Cleveland, Ohio 44113-2291
(216) 621-3300
FAX [216] 621=6013
THE CHAMBER OF COMMERCE FOR CREATER CLEVELAND
200/900
N.S.B.U.
8553 872 2022
16:05
08/02/93
Page 2.
The Labor and Human Resources Committee of
the U.S. Senate
U.S. Senate Finance Committee
U.S. House of Representatives Ways & Means Committee
In January 1993, Polk was appointed as the business
representative on the Ohio Health Care Board by Ohio
Speaker of the House Vernal Riffe. The Ohio Health Care
Board is charged with creation of public - private
partnerships to address health care needs, promotion of
a health care financing and delivery system that
encourages cost controls and increases access and
conducting research as requested by the Ohio General
Assembly.
In addition, Polk has briefed President Bush, the
White House staff, and other Administration officials
regarding the "COSE model" for market based health care
reform.
He also served as a technical advisor on health
policy issues for the White House Conference on Small
Business.
Seminars, Conference. Industry Presentations
Polk has discussed small business and health care
issues before numerous organizations, including:
The National Association of Manufacturers
The National Governors' Association
The Southern Governors' Association
The Association of Private Pension and
Welfare Plans
The International Federation of Employee
Benefit Plans
The American Chamber of Sciences/
Georgetown School of Law
The American Chamber of Commerce Executives
National Small Business United
200/200
N.S.B.U.
8543 872 2022
90:9T
08/20/80
Re: ABA Working Group
on the Unmet Legal
Needs of Children &
their Families.
I
PAUL. WEISS. RIFKIND, WHARTON 8 CARRISON
1285 AVENUE OF THE AMERICAS NEW YORK. NEW YORK 10019-6064
DATE
July 28, 1993
MEMORANDUM
To VIA FACSIMILE
From
Margaret Williams, Esq.
Subject
A. Leon Higginbotham, Jr.
ABA Working Group on the Unmet Legal
Needs of Children and Their Families
I am writing to follow up on our conversation regarding the
participants in the presentation of the Report of the above group to the
First Lady and the Attorney General on Tuesday, August 3rd.
We deeply appreciate Hillary Rodham Clinton's interest in
our project and her willingness to receive our Report personally. We
will be absolutely flexible in working with your office on the number of
participants.
For your convenience, I am attaching two lists of
prospective invitees, along with brief biographies of each Working
Group member as they appear in the Report. Group one consists of 11
persons: the current and incoming ABA Presidents, the Vice Chair of
the Working Group, the conveners of the six Working Group
substantive clusters, a senior partner of my firm and myself. Group
200'3908
92:81 86, 88 ans
2
two includes all of the above plus the rest of the members of the
Working Group.
I look forward to talking with you soon. Once again,
thanks for all of your help.
Catherine Ross is sending you a copy of the Report under
separate cover for delivery tomorrow.
A.L.H.
enclosure
afet
cc: (via facsimile)
Evelyn Lieberman, Esq.
(w/enclosures)
800'3508
93:81 86, 88 700
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
003. list
Attendees at the White House Meeting on August 3, 1993 [partial] (1
7/30/93
b(6)
page)
COLLECTION:
Clinton Presidential Records
Fist Lady's Office
Liz Bowyer
OA/Box Number: 5433
FOLDER TITLE:
[HRC Daily File] Tuesday August 3 [1993]
2014-0483-S
sb347
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRAJ
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
h(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
07-30-1993 16:46
212 757 3990
PAUL WEISS
P.04
ATTENDEES AT THE WHITE HOUSE
MEETING ON AUGUST 3, 1993
NAME
SOCIAL SECURITY NO.
BIRTH DATE
A. Leon Higginbotham, Jr.
Catherine J. Ross
J. Michael McWilliams
David M. Abromowitz
Michael E. Barber
Hon. Rosemary Barkett
(b)(6)
George E. Bushnell, III
Barbara Mendel Mayden
Ernest Rubenstein
Robert S. Schwertz1/
Daniel L. Skoler
Diane C. Yu
003
JANET ReNO
1/
He was cleared for a meeting with Janet Reno on 7/26/93.
(212) 373-3198
Doe #
87273.1 32-111
PAUL, WEISS, RIFKIND, WHARTON & GARRISON
1285 Avenue of the Americas, New York, N.Y. 10019-6064
(212) 373-3000
FACSIMILE COVER LETTER
FROM: A. Leon Higginbotham, Jr.
DATE: July 28, 1993
TOTAL NUMBER OF PAGES:
10
(Including Cover Sheet)
TO THE FOLLOWING:
Time
NAME
FIRM/COMPANY
FAX. NO.
Sent
(list alt. where possible)
Margaret Williams, Esq.
The Office of the First
202-456-6244
Lady Mrs. Hillary
Rodham Clinton
Evelyn Lieberman, Esq.
"
"
H
=
Return original to:
Sender
Records
COMMENT/MESSAGE:
Return Facsimile Number: (212)
373-2151
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS
PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED
THAT ANY DISSEMINATION OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. THANK YOU.
If transmission is incomplete, or you have other questions, please call: (212) 373-2194
Operator: Shifra Eva Stern/Secretary
37009.1 32-111
POGE.0
98:81 86. 82 701
3
GROUP ONE
11 Persons
A. Leon Higginbotham, Jr.
Chair
Catherine J. Ross
Vice Chair
J. Michael McWilliams
ABA President
R. William Ide, III
ABA President-Elect
David M. Abromowitz
Michael E. Barber
Hon. Rosemary Barkett
Robert G. Schwartz
Daniel L. Skoler
Diane C. Yu
Ernest Rubenstein
Paul, Weiss, Rifkind, Wharton & Garrison
PA53.004
98:81 86, 28 701
4
GROUP TWO
41 Persons
A. Leon Higginbotham, Jr.
Chair
Catherine J. Ross
Vice Chair
J. Michael McWilliams
ABA President
R. William Ide, III
ABA President-Elect
David M. Abromowitz
Michael E. Barber
Hon. Rosemary Barkett
Robert G. Schwartz
Daniel L. Skoler
Diane C. Yu
Ernest Rubenstein
Jonathan D. Asher
Doris M. Clanton
Kahlil Amyn Day
Sara-Ann Determan
Bernardine Dohrn
Hon. Bernice B. Donald
Hon. Fernande R.V. Duffly
Maria Foscarinis
Stephanie Franklin-Suber
Lisa A. Godfrey
Linda N. Goldstein
Iris McCollum Green
Fay Hartog-Rapp
Kimberly Hornak
Zona F. Hostetler
Bobbi Tillmon Mallory
James Morales
James R. Neuhard
John L. Popilek
Blake Ramsey
Pamela J. Roberts
Deborah H. Schenk
900'3908
18:27 86. 82 700
5
L. William Schmidt, Jr.
Debbie Segal
Nancy G. Shor
Tracey E. Skinner
James M. Stillwagon
Hon. Jean M. Toal
H. Rutherford Turnbull, III
Margaret Bush Wilson
Marshall J. Wolf
PNGE.006
18:27 86, 88 701
NAWBO's
Fact Sheet
Summary
The National Association of Women Business Owners (NAWBO), headquartered it.
Chicago, is the only duec based national organization representing the interests of all
women entrepreneurs in all types of businesses. The organization currently has 50
chapters. It is affiliated with Les Femmes Chefs d'Entreprises Mondiales (World Associa-
don of Women Entrepreneurs), in 28 countries.
History
NAWBO traces its origins to $ small group of Washington, D.C. business women who
began meeting informally in the Spring of 1974 to talk about mutual experiences,
exchange information and develop business skills. Recognizing the value of the group.
they incorporated as the National Association of Women Business Owners on Decem.
ber 19, 1974. Two years later they began recruiting members from across the country.
and in 1978 the first chapters were formed.
Membership
Membership is open to sole proprietors, partners and corporate owners with day to day
management responsibility. Active members who Eye in a chapter area automatically
join both chapter and national. Those who do not live in a chapter area join as at-large
members.
Headquarters
National headquarters are based in Chicago at 600 Federal Street, Suite 400, Chicago
Illinois 60605. For information contact (312) 922-0465.
Mission Statement
NAWBO provides a strong and continuing voice and vision for women business
owners within the economic. social and political communities
NAWBO exercises leadership to create 2 business climate which realizes the integration
of values, profits, technology and people
NAWBO views its mission as:
Developing products and services that
Forming private scctor partnerships
meet the needs of essablished women
and coalitions 10 achieve murual
business owners
goals.
Expanding business development
Researching and communicating the
opportunities for women buciness
evolving entrepreneurial models
owners.
represented in women's businesses.
Impacting public policy through active
Expanding bs participation in the
participation in the political process
global economy. building on its
strong international relationships,
Creating and nurturing leadership skills
to move women business owners into
Supporting the needs of emerging
positions of induence.
women business owners.
Women Business Owners
Quick Fact Sheet
"Women-owned businesses employed more people in the United States iban the Fortune 500
companies did worldwide in 1992." - The National Foundation for Women Business Owners
Women-Owned
NAWBO Businesses: A Major Economic Force
Businesses in the
National Economy
Contributing to the
396 have used or expect to seek
Gross National Product
venture capital
Wouten-owned businesses reported
Term loans and leasing equip
Women own and lead over 6.5
million businesses (1992)
continued growth over the past two
ment are the most frequently
Provide jobs for over 11 million
years despite the economy-
used types of long-term financ-
contributing revenue to the
ing
people
economy and creating jobe.
Women business owners tend to
Operate w every industrial sector
50% have sales over $250,000,
be fiscally conservative: on 2
including ruanufacturing,
agribusiness, and retail, as well
25% over $1 million
scale of 1 (mont conservarive) to
as high-growth industries such as
50% have S or more employees:
5 Chigh risk-taker). the average
health, and business and
17% have 25 or more
ranking is 2.5.
professional services
10% have payrolls over $500,000
Well established: over 4086 in
57% reported sales increases in
Looking Forward
business 12 years or more
the past year; 25% had sales
Women business owners are
Highly stable
increases of more than 20%
optimistic about the future and are
3396 of businesses are incorpo-
25% added employees in the past
growth-oriented
rated; 29% are partnerships; 38%
year
55ye expect to add employees
are other unincorporated
1992 was 2 you or change and
00% expect sules to increase;
businesses
expansion 5444 improved the
30n expect sales to increase
quality of business processes;
more than 20%
Number of women-owned
businesses grew 57% between
46% developed # new product or
6144 are optimistic about the U.S.
1982 and 1967 (U.S. Census
service line; 32% increased
economy, almost double the
Bureau)
expenditures for equipment 26%
percent who were optimistic two
Women own 30% of all busi-
expanded into new markets
Vears ago
nesses (U.S. Census Bureau)
80% are optimistic about their
Financing
OWD businesses, up 10% from
Women are projected to own
50% of all businesses by 3000
Access to capital remains a serious
two years ago
concern:
97% set growth through profix-
Sources of short-tenn capital:
ability, expansion, or acquisition
71% turn to business earnings or
as their major goal over the next
private sources
three years; 10% have organiza-
5290 um to commercial banks
tonal change 14 a major goal
25% am to vendure
Credit cards, vendor credit, and
Profile
commercial bank loans are the
43% are batween the ages of 40
most requent types of short-term
and 49
financing used
67% are married
For long-term capital needs:
36% have one or more children
67% turn to private sources or
still IN home
business earnings
68% have at least a bachelor's
6096 turn to commercial banks
degree: 42% have done post-
29% use leasing companies
graduate work
Source Nanonal Poundation for Women Business Oursters, Women-Owned Businesses, the New Economic Force, 19921 Divruded Membership
Survey of Women Business Owners, 1992. The Poundation 4 NAWDON non-profit admoarional and research foundation.
NAWBO's
Vision
Vision Statement
By the year 2000, die Nadonal Associa-
NAWBO members nurture and inspire
tion of Women Business Owners
their employees through incentives and
(NAWBO) is a powerful and prestigious
rewards, recognition for their ideas and
organization respected worldwide for
accomplishments, and on-going
ploneering innovative and effective
training to keep their team operating at
changes in the business culture and in
sustained high levels of performance,
public policy.
productivity and personal satisfaction.
Viewing its mission as training leaders
But NAWBO is more than 8 crucible
for 2 world of change, NAWBO provides
creating A new corporate ethes-
its members with the vision and flexibil-
NAWBO and its members are at the
ity to identify and respond to the
forefront in conceptualizing and
challenges facing us in the 21st Cen-
shaping public policy for the 21st
tury-training them not only to manage
Century. Members serve as commis-
the course of change, but to change the
sioners on appointive bodies. on
course of management.
prestigious hoards of directors and as
elected officials. And its alumnae serve
Recognizing that people are our greatest
as mayors, governors, members of
resource and ideas and innovation are
Congress, Senators, trade represents.
our products, NAWHO members have
Lives, and cabinet officers.
forged entirely new styles of entrepre-
neurship, management and leadership
Recognizing that the world is interde
which are transforming the workplace.
pendent and that change is the only
and serving 26 a visionary blueprint for
constant, NAWBO members work for
the world.
policies that unleash the creativity of
capitalism and open new vistas of
NAWBO members have been leaders in
innovation and opportunity; for
humanizing technology and managing
policies that value people as our
the information explosion Member firms
greatest natural resource, and which
serve as laboratories, trailblazing dra-
usin our workforce of today and
matically new corporate cultures which
tomonow la Use constantly evolving
are holisuc, value-driven, strategic,
jobs of the furure, for policies that
longer range in their thinking and
transcend narrow interests and national
dedicated to quality, creativiry, innova-
borders, and that foster uade and a
tion, professional development and
spirit of international cooperation; and
enhanced productivity.
for policies that strengthen the fabric of
society, and enhance the quality of life
Believing that profits are maximized by 8
on planet earth
highly valued and motivated workforce,
NAWBO
Affiliations
Les Femmes Chefs d'Entreprises Mondiales
AS the official U.S. member of Les Fernmes Chefs d'Entreprises Mondia-
les (FCEM). or World Association of Women Enrrepreneurs, NAWBO's
network extends around the world.
FCEM. a growing international women business owner organization,
reaches 28 country members and nearly 30,000 businesses in North and
South America, Europe, Asia, Africa, and the Far East. FCEM is now
building affiliates in Eastern Europe, and the former Sovier Union.
NAWBO'S affiliation with FCEM gives members an edge to be posi-
tioned as leaders in the global economy. NAWBO members were
instrumental in developing FCEM's first International trading directory,
listing women business owners from Italy to Gabon, the Netherlands to
Taiwan NAWBO is now working with FCEM to develop an electronic
directory and on-line bulletin board service.
National Foundation for Women Business Owners
The National Foundation for Women Business Owners (NFWBO) is 2
non-profit foundation, organized to help fulfill NAWBO's vision for the
year 2000. It is the research and educational arm for extending the reach
of the organization, for continuing growth for our members and their
businesses, and for sharing what our members have learned with other
women business owners across the country and around the world. For
more information please contact Dr. Sharon Hadary, Executive Director,
1377 K Street, N.W., Suite 637, Washington, DC 20005 or call (301) 495-
4975 or FAX (301) 495-4979.
NATIONAL SMALL BUSINESS UNITED
MEMBERS:
65,000 small business owners.
REPRESENTS:
NSBU represents small business owners in many
service and industrial sectors. NSBU places
a major emphasis on small business advocacy,
taking a bi-partisan approach to working with
Congress and other elected officials.
TODAY'S SPEAKER:
Gary Kushner, Treasurer and Chair (see bio)
SCOPE OF
INFLUENCE:
Limited influence on Congress. Good with
media.
APPROACH TO
REFORM:
Individual mandates; individual
responsibility as the cornerstone of any
health care reform effort.
SUMMARY OF
POSITION:
In the past, they have been the more liberal,
progressive group (more open to discussing
employer mandates as long as cost containment
and individual responsibility are addressed).
Within the last year, however, they have
become more adamantly opposed to an employer
mandate.
NSBU's membership includes several models for
small employer purchasing cooperatives. They
support the right for small business to
organize their own HIPCs and to manage their
own health care activities.
Streamlining of delivery system necessary,
not just refinancing and containing costs.
Contain costs with emphasis on universal
coverage and through provider/payor
interactions at community level not federally
imposed restrictions.
Including workers' compensation with health
care reform could be valuable to small
business owners and employees, but there are
concerns about how it will be implemented.
Oppose payroll taxes financing prefer broad-
based taxes, including consumption. They
have expressed support for an increased
income tax to help finance coverage.
POSITION ON
PLAN:
Likely to oppose mandate, but perhaps not
actively.
INTERACTION W/
TASK FORCE AND
WORKING GROUPS:
Transition, Ira Magaziner.
HOT BUTTON ISSUES: Employer mandate.
Biography
ASBU
NATIONAL SMALL BUSINESS UNITED
1195 15TH STREET, N.W.
SUITE 710
Margaret A. Smith
WASHINGTON, D.C. 20005
202-293-8830
Margaret Smith is an attorney who specializes in
MX 202-872-8543
representing small and medium-sized businesses. She
maintains offices in Silicon Valley and San Prancisco,
California, with an affiliate office in Washington, D.C. In
addition to her law firm, she owns two other small businesses: one offering business
consulting services to the international market; and one offering business support services to
small, professional companies.
Ms. Smith is a member of the Board of Trustees for National Small Business United
(NSBU), a member of the Board of Directors of the National Foundation of Women Business
Owners and a member of the U.S. Chamber of Commerce Small Business Advisory Council.
Ms Smith serves on the Board of the Women's Pund for the Santa Clara County Community
Foundation and is 8 member of several local business organizations. She also serves as a
Judge Pro Tem in the Small Claims Division of the California Municipal Court.
Ms. Smith has been recognized both locally and nationally for her involvement in and
dedication to the small business community. She has presented Congressional testimony on
issues affecting small business, and bas been interviewed by numerous print and broadcast
media regarding her views on small business issues. She is a guest speaker on radio talk
shows and a frequent guest lecturer for small business seminars.
Prior to the practice of law, Smith gained extensive professional and business experience
in Washington, D.C., in both the political and private business sectors. She served as public
affairs coordinator and legislative specialist for a national real estate trade association; as a an
executive assistant/researcher for the executive staffs of two major nowspapers; and 09 a
member of the media relations staff of the nation's largest oil company.
Ms. Smith returned to school as a 30-year-old single parent, completing both college and
law school at night while raising two sons and working full time. She received her
undergraduate degree from the George Washington University. Washington, D.C. and her
Juds Doctorate from the University of Santa Clara Law School, Santa Clara, California
SMALL BUSINESS LEGISLATIVE COUNCIL
MEMBERS:
Coalition of 100 small business trade
associations
REPRESENTS:
The Council organizations represent at least
1.6 million small businesses in diverse
economic sectors (manufacturing, retailing,
distributing, professional and technical
services, construction, transportation and
agriculture).
TODAY'S SPEAKER:
Gary Frank Petty, Treasurer and member of the
Board of Directors (see bio)
SCOPE OF
INFLUENCE:
Newsletter widely distributed. Well liked by
key congressional members.
APPROACH TO
REFORM:
Their health care reform proposal does not
include an employer mandate, but have
signaled their willingness to discuss if the
cost issue is adequately addressed and small
businesses are not unduly burdened.
SUMMARY OF
POSITION:
They developed a reform proposal about two
years ago.
Establishment of global spending goals and
rate structures that reflect local
circumstances.
Recently released statement supportive of
price controls.
Encourage creation of voluntary small
business "buying groups."
Limits on employee tax exclusion for
employer-paid health coverage.
Reform of small group case market should
recognize importance of association insurance
plans (including MEWA's) as a means of
providing coverage and relevance of workers
compensation as a large component of the
health care debate.
POSITION ON
PLAN:
Noncommittal, but open.
INTERACTION W/
TASK FORCE AND
WORKING GROUPS:
Transition.
HOT BUTTON ISSUES: Cost control, employer mandate.
Small Business Legislative Council
Representative
Gary Frank Petty
Treasurer and Member of the Board of Directors
[Gary Frank Petty] is the Treasurer and a member of the
Board of Directors of the Small Business Legislative Council
(SBLC). He is one of SBLC's volunteer officers. He is the
President and CEO of the National Moving and Storage Association
(NMSA), one of the trade association members of SBLC.
Mr. Petty has served as the President and CEO of NMSA since
1988. He has a background in association management, law and
higher education. He holds a Juris Doctor degree from Delaware
Law School, a Doctor of Philosophy from the University of
Michigan, a Master of Arts and Bachelor of Arts from Western
Michigan University.
Mr. Petty will be accompanied by John S. Satagaj, the
President of the SBLC. Mr. Satagaj has served as the President
of the Small Business Legislative Council since 1986. He began
representing small business interests in Washington in 1978 when
he served as a special counsel to the first Chief Counsel for
Advocacy for Small Business, Milton D. Stewart. Mr. Satagaj is a
partner in the law firm of London and Satagaj. He has a Juris
Doctor degree from the University of Connecticut and an L.L. M.
in Taxation from George Washington University.
03/25/93 12101
2022965333
02
Oral Presentation of Gary Frank Petty
on Behalf of the
SMALL BUSINESS
Small Business Legislative Council
LEGIBLATIVE
COUNCIL
Thank you for this opportunity to present the views of the Small Business
Legislative Council (SBLC) In accordance with your request, I will not
describe our organization and WE are submitting a written statement for the
record.
Let me begin by saying we approach this debate with great optimism because if
the election of the President sent one signal to us, it is that the country would
finally be united in agreeing upon the need for immediate, comprehensive health
care reform. For at least two years, we have been preaching the need for
comprehensive reform led by meaningful cost containment and the pews have been
almost empty. We are pleased they are now filling up fast.
The question today is "what is the best way to ensure that employees of small
business get health coverage?"
The answer begins and ends with the statement "control costs." We are well
aware of the number of Americans employed by small business without health care
coverage. That fact, however, must be placed in context. What about the many,
many millions of Americans who do receive their health care benefits through a
small business employer? In comparison, this latter figure is a rather
significant number.
We are convinced the gap would shrink even further if small employers had the
comfort of knowing that the costs of coverage would not become a quagmire from
which they could not extricate themselves. Further, we are more concerned about
all those currently providing coverage. They have simply run out of options for
controlling costs by their own actions; they have changed programs, tried
managed care, self-insurance and cost sharing. They have absorbed all the costs
they can. Unless we control costs, all is for naught.
For that reason, we have concluded that in the short-term, some form of fee
and price controls is necessary to rein in health care provider costs. The truth
is, we need to separate the health care profession from the health care
business. We wish the marketplace would make these adjustments, but we are not
50 naive to believe free enterprise guarantees the perfect system. Since 1977,
SBLC has been an outspoken advocate of antitrust policy, taxation policy (such
as the President's investment tax credit) and procurement policy that allow the
government to smooth out the market "imperfections" to permit a competitive
economy to thrive. In this health care debate, we have come to the conclusion,
the government must undertake a role to control costs.
We think the health care provider community should be asked to defend or
oppose a particular cost control approach, rather than the employer community.
It is time to recognize the market is not going to produce cost containment by
itself.
I know the subject of using mandates to require small businesses to provide
coverage is under consideration. Let me say, it is hard for us to imagine that
anyone could warmly embrace the concept of mandatory participation,
particularly small business owners, for whom economic freedom, the right to
Extended Page
2.1
Having said that, let me first make two observations and then some
suggestions about mandates.
In our on-going discussions with our members, it is apparent to us that most
small businesses have come to view access to health care as almost a fundamental
right. It is something they do expect all Americans to have. Second, most small
business owners would tell you they believe it is their responsibility to
provide it. The barrier, as noted, is cost and the framework for undertaking the
responsibility is the freedom to determine how to do it.
These observations, combined with the recognition we are asking others, such
as health care providers to make dramatic changes in their contribution to the
system, lead us to the conclusion we cannot summarily rule out any alternative
that adversely effects us, if it is part of a comprehensive solution,
notwithstanding our reservations. Six years ago it may have been appropriate.
Now is the time to be agents for change, not shackled servants to the past.
After all, is it not the nature of the successful entrepreneur to take the risky
road to pursue a better tomorrow?
First, as noted above, cost controls would have to be put in place as a
condition precedent. It does get a little tiring to us for others to suggest
employers need to do more. We are prepared to make further sacrifices, but not
before others in the system have been made to do their fair share. Let's not
forget we are currently responsible for providing coverage to many Americans.
Second, any mandatory responsibility would have to be a shared
responsibility. The employer and employee must share the responsibility for
health care. At best, price and fee controls or global budgeting are short- to
mid-term solutions; without getting the individual directly involved in some
financial way, we will never impose the long-term discipline necessary to
restrain our health care appetite. We believe taxation of the excess cost of
benefits to the employee would be an excellent starting point. If there is to be
a mandatory participation requirement, it should be borne by both the employer
and employee.
Third, resolution of the growing problem of workers compensation costs must
be part of a comprehensive solution. We are certain cutting workers
compensation costs would be a very attractive inducement for accepting any
mandatory responsibility.
A small business moving and storage company in Des Moines, Iowa has six local
drivers making annual salaries in the range of $20,000 to $25, each. The
company does not provide health insurance for these drivers, primarily because
of the high cost of workers compensation insurance. At the state rate of $20 per
$100 of payroll, a driver earning $25,000 would cost the company $5,000 a year in
workers compensation insurance premiums. On the other hand, that same driver,
30 years old and single, would cost the company $190 per month, or $2,280 per
year, for health insurance, if offered by the company. If the company paid both
workers compensation insurance and health insurance, the total annual cost
would be almost 30 percent of the driver's salary.
For the six drivers on an annual basis, the company pays about $27,000 for
workers compensation, or more than the annual salary of any single driver. Even
assuming $250 a month for health care insurance per driver, the company's annual
cost would be $18,000. Obviously if the company provided both types of
-3-
Extended Page
2.2
If the task force presents a proposal to the President that is credible on
these counts, we believe you will be able to make a strong case to small business
that they need to be a part of a comprehensive solution.
There are several other components of the health care debate I would like to
touch upon briefly. The first is the delivery system itself. We have supported
the basic concept behind "managed competition." The idea of buying groups
appeals to us. What we have not been able to reconcile is a mandatory
requirement for small businesses to join such a group. As I indicated earlier,
small business owners want to retain the flexibility to choose their approach to
assuming this responsibility.
Associations, for example, have offered one alternative approach for many
small businesses to provide health care benefit coverage. Further, we do not
think one can rule out self-insurance, in whole or part, if there is a way to
ensure its legitimacy under comprehensive reform. We do not know how one
reconciles self-insurance options with managed competition, but we are always
struck by the number of smaller businesses that do provide meaningful benefits
Lo their employees with some type of self-insurance arrangement. We believe
small business will want to retain some flexibility in that regard.
At this time, we are not sure what role the insurance industry will play in
the new world after comprehensive reform. If we build on the current system,
some administrative reforms are necessary, to reduce the high cost of
administering small business programs. We do know that using pre-existing
conditions and other underwriting devices to "cherry-pick" the market are not
acceptable if we are to have comprehensive reform, universal access, and cost
control.
Even if we have mandatory responsibility for coverage, shared by employers
and employees, we still have those who are unemployed, are part-time employees,
and others who, for one reason or another, do not fall within the employer-based
system. As you know, the price tag for universal access is significant.
How we pay for universal access, even with some mandatory shared
responsibility, is rapidly replacing the mandate issue as a major concern. We
dc not have a specific revenue proposal in mind, but we do believe it must be one
that is absorbed by the citizenry as a whole, rather than one that is rolled
directly into the costs of health care that must be borne by the employer
community.
There are many other aspects of health care reform I have not touched on in
our remarks. For example, we believe reforms of public sector programs,
Medicare and Medicaid, are in order. We believe strongly that medical
malpractice reforms are necessary. We believe significant cost savings can be
achieved by fundamental civil justice reform.
In conclusion, we believe it is important for small business to be part of a
solution, not an obstacle to reform. Clearly, controlling costs is our
paramount concern. In our minds, this debate is "a work in progress" and WC
cannot take any option off the table. We look forward to working with the
members of this task force and the President to find a solution that works for
all Americans in a fair and equitable manner.
/S2595A
PAUL, WEISS, RIFKIND, WHARTON & GARRISON
1285 Avenue of the Americas, New York, N.Y. 10019-6064
(212) 373-3000
FACSIMILE COVER LETTER
FROM: A. Leon Higginbotham, Jr.
DATE: July 29, 1993
TOTAL NUMBER OF PAGES: 203 (Including Cover Sheet)
TO THE FOLLOWING:
Time
NAME
FIRM/COMPANY
FAX. NO.
Sent
(list alt. where possible)
Margaret Williams, Esq.
The Office of the First
202-456-6244
Lady Mrs. Hillary
Rodham Clinton
Return original to:
Sender
Records
Copy of a 7/28 letter
COMMENT/MESSAGE:
from Higginbotham to
FYI.
Reno re. the report
"Children at risk
Return Facsimile Number: (212)
373-2151
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS
PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED
THAT ANY DISSEMINATION OF THIS COMMUNICATION IE STRICTLY TROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. THANK YOU.
If transmission is incomplete, or you have other questions, please call: (212) 373-2194
Operator: Shifra Eva Stern/Secretary
Doc #.DS2:87009.1 32-111
AMERICAN BAR ASSOCIATION
750 North Lake Shore Drive
Chicago, Illinois 60611
(312) 988-5000
Please respond to:
A. Leon Higginbotham, Jr.
Paul, Weiss, Rifkind, Wharton & Garrison
1285 Avenue of the Americas
New York, New York 10019
(212) 373-3135
July 28, 1993
VIA FEDERAL EXPRESS
The Honorable Janet Reno
Attorney General of the United States
United States Department of Justice
10th and Constitution, N.W.
Room 4400
Washington, D.C. 20530
ABA Working Group on the Unmet Legal Needs
of Children and Their Families
Dear Janet:
The primary writing task of our Working Group is finished and
I am pleased to enclose our final report, "America's Children at Risk."
While we make several references to your invaluable insights -- at pages
3, 13 and 59 -- no one knows better than we that your comments at our
brunch on June 5 had a profound impact on us and caused the final
report to be better, more comprehensive and more thoughtful than it
otherwise would have been.
200'3908
19:6 86, 29 ans
** 800'39H6 78101 **
2
As someone who has worked with Attorney Generals for
more than three decades, 1 cannot overstate how much difference your
excellence and your extraordinary insights will make. We do not plan to
let this report be used merely as a book weight or for the collection of
dust; hopefully, we can, along with many others, help generate the
momentum that will improve the lives of many children, so that fewer will
be at risk.
Catherine Ross has written to you separately, and we all look
forward to seeing you on Tuesday, August 3rd. It is my understanding
that your schedulers and Mrs. Clinton's schedulers are coordinating the
times. I will make myself available for that entire day to be helpful in any
way possible.
Sincerely,
Sean
A. Leon Higginbotham, Jr.
800 PAGE
15:6 86. 29 700
PAUL, WEISS, RIFKIND, WHARTON & GARRISON
1285 Avenue of the Americas, New York, N.Y. 10019-6064
(212) 373-3000
FACSIMILE COVER LETTER
FROM: A. Leon Higginbotham, Jr.
DATE: July 28, 1993
TOTAL NUMBER OF PAGES:
10
(Including Cover Sheet)
TO THE FOLLOWING:
Time
NAME
FIRM/COMPANY
FAX. NO.
Sent
(list alt. where possible)
Margaret Williams, Esq.
The Office of the First
202-456-6244
Lady Mrs. Hillary
Rodham Clinton
Evelyn Lieberman, Esq.
I
=
n
и
Return original to:
Sender
Records
COMMENT/MESSAGE:
Return Facsimile Number: (212)
373-2151
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS
PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED
THAT ANY DISSEMINATION OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. THANK YOU.
If transmission is incomplete, or you have other questions, please call: (212) 373-2194
Operator: Shifra Eva Stern/Secretary
Doc #:DS2:87009.1 32-111
81:91 88. 83 For
PAUL. WEISS. RIFKIND. WHARTON 8 GARRISON
1285 AVENUE OF THE AMERICAS NEW YORK. NEW YORK 10019-6064
DATE
July 28, 1993
MEMORANDUM
To VIA FACSIMILE
From
Margaret Williams, Esq.
Subject
A. Leon Higginbotham, Jr.
ABA Working Group on the Unmet Legal
Needs of Children and Their Families
I am writing to follow up on our conversation regarding the
participants in the presentation of the Report of the above group to the
First Lady and the Attorney General on Tuesday, August 3rd.
We deeply appreciate Hillary Rodham Clinton's interest in
our project and her willingness to receive our Report personally. We
will be absolutely flexible in working with your office on the number of
participants.
For your convenience, I am attaching two lists of
prospective invitees, along with brief biographies of each Working
Group member as they appear in the Report. Group one consists of 11
persons: the current and incoming ABA Presidents, the Vice Chair of
the Working Group, the conveners of the six Working Group
substantive clusters, a senior partner of my firm and myself. Group
81:81 86. 82 -00
2
two includes all of the above plus the rest of the members of the
Working Group.
I look forward to talking with you soon. Once again,
thanks for all of your help.
Catherine Ross is sending you a copy of the Report under
separate cover for delivery tomorrow.
A.L.H.
enclosure
aLet
cc: (via facsimile)
Evelyn Lieberman, Esq.
(w/enclosures)
61:81 86. 88 700
3
GROUP ONE
11 Persons
A. Leon Higginbotham, Jr.
Chair
Catherine J. Ross
Vice Chair
J. Michael McWilliams
ABA President
R. William Ide, III
ABA President-Elect
David M. Abromowitz
Michael E. Barber
Hon. Rosemary Barkett
Robert G. Schwartz
Daniel L. Skoler
Diane C. Yu
Ernest Rubenstein
Paul, Weiss, Rifkind, Wharton & Garrison
61:81 S6. 88 -nr
4
GROUP TWO
41 Persons
A. Leon Higginbotham, Jr.
Chair
Catherine J. Ross
Vice Chair
J. Michael McWilliams
ABA President
R. William Ide, III
ABA President-Elect
David M. Abromowitz
Michael E. Barber
Hon. Rosemary Barkett
Robert G. Schwartz
Daniel L. Skoler
Diane C. Yu
Ernest Rubenstein
Jonathan D. Asher
Doris M. Clanton
Kahlil Amyn Day
Sara-Ann Determan
Bernardine Dohrn
Hon. Bernice B. Donald
Hon. Fernande R.V. Duffly
Maria Foscarinis
Stephanie Franklin-Suber
Lisa A. Godfrey
Linda N. Goldstein
Iris McCollum Green
Fay Hartog-Rapp
Kimberly Hornak
Zona F. Hostetler
Bobbi Tillmon Mallory
James Morales
James R. Neuhard
John L. Popilek
Blake Ramsey
Pamela J. Roberts
Deborah H. Schenk
61:81 86. 88 -01
5
L. William Schmidt, Jr.
Debbie Segal
Nancy G. Shor
Tracey E. Skinner
James M. Stillwagon
Hon. Jean M. Toal
H. Ruthorford Turnbull, III
Margaret Bush Wilson
Marshall J. Wolf
08:01 85. 33 -no
APPENDIX A
Members of the ABA Working Group on the Unmet Legal Needs of
Children and Their Families
The Honorable A. Leon Higginbotham, Jr., Chair
Michael E. Barber
(Appointed by ABA President J. Michael McWilliams)
(Appointed by the ABA Section of Family Law)
Judge Higginbotham is of counsel to Paul, Weiss, Rif-
Mr. Barber, a sole practitioner in Sacramento, California,
kind, Wharton & Garrison, which he joined after retiring
has extensive experience in child support enforcement. He
as Chief Judge of the United States Court of Appeals for
is a past chais of the ABA's Scetion of Family Law and past
the Third Circuit He served as a federal judge for more
president of the District Attorney's Family Support Coundl
than 29 years, including 15 years on the Court of Appeals
in California. Most recently, he served on the United States
and 14 years on the United States District Court. In 1962,
Commission on Interstate Child Support Enforcement, and
he was appointed to the United States Federal Trade Com-
he has worked for several United States presidential
mission. He has served on many national commissions
administrations on developing national child support policy.
including the National Commission on the Causes and
Prevention of Violence and the Commission on Reform of
The Honorable Rosemary Barkett
Federal Criminal Laws. Judge Higginbotham is the author
(Appointed by the ABA Commission on Homelessness
of In the Matter of Color. published by Oxford University
and Poverty)
Press in 1978, which received the ABA's Silver Gavel
Chief Justice Barkett is Chief Justice of the Florida
Award. He has been an adjunct professor at several uni-
Supreme Court. As chair of the Child Welfare and Child
versities, including the University of Pennsylvania, Har-
Support Study in Florida, she has been instrumental in
vard University, Yale University, New York University, the
changing public opinion on the protection of individual
University of Michigan and Stanford University.
rights of children in that state. Chief Justice Barken has also
played a role in revising Florida's domestic laws affecting
families and children.
Catherine J. Ross, Vice Chair
(Appointed by ABA President J. Michael McWilliams)
Dorls Clanton
Ms. Ross is an associate in the litigation department at
(Appointed by the ABA Section on Dispute
Paul, Weiss, Rifkind, Wharton & Garrison. She earned a
Resolution)
doctorate in history from Yale, held a post-doctoral fellow-
Duris Clanton currently works as Assistant Counsel to
ship at the Bush Center for Child Development and Social
the Senate Governmental Affairs Committee (chaired by
Policy at Yale and, prior to attending law school, was on
Senator John Glenn). She is a former criminal and juvenile
the faculty of the Yale Child Study Center, Yale University
law practitioner. She works with the Section on Dispute
School of Medicine. She has taught, written and consulted
Resolution Staff on the Mediation in the Schools project
about child abuse and neglect, foster care, children's rights,
and on youth issues.
the welfare system, and programs to serve impoverished
children. Ms. Ross Is joint editor of Child Abuse: An Agenda
Kahlil Amyn Day
for Action published by Oxford University Press in 1980.
(Appointed by the National Asian Pacific American
Bar Association)
Mr. Day has worked primarily as a general practitioner.
David M. Abromowitz
He is a past president of the Asian Pacific American Bar
(Appointed by the ABA Forum Committee on
Association of Florida and an active member of the Florida
Affordable Housing & Community Development Law)
Bar Committee for Equal Opportunities in the Profession.
ML Abromowitz is an attorney at Goulston & Storrs,
Boston, Massachusetts, where he specializes in housing
Sara-Ann Determan
development for low- and moderate-income residents. He
(Appointed by the ABA Consortium on Legal Services
founded and currently co-chairs the Lawyers Clearing-
and the Public)
house on Affordable Housing and Homelessness, a pro
Ms. Determan is a partner at the Washington, D.C. law
bono program of the Boston and Massachusetts Bar Asso-
firm of Hogan and Hartson. She is the former president
ciations, which provides legal services to non-profit devel-
and treasurer of the District of Columbia Bar and former
opers and shelters.
chair of the ABA Section of Individual Rights and Respon-
sibilities. She currently chairs the steering committee for
the ABA Postconviction Death Penalty Representation
Jonathan D. Asher
Project, as well as the ABA Committee on Delivery of Legal
(Appointed by the ABA Standing Committee on Legal
Services. She is a board member and founder of the Wom-
Aid and Indigent Defendants)
en's Legal Defense Fund, a board member of the National
Mr. Asher has been the Executive Director of the Legal
Capital Area American Civil Liberties Union and a trustee
Aid Society of Metropolitan Denver since 1980. He has been
of the Lawyers' Committee for Civil Rights Under the Law.
recognized for his dedication to making legal services
available to indigent Colorado residents. He Is a former
Bernardine Dohrn
director of litigation and Supervisory Attorney for Colo-
(Appointed by the ABA Section of Litigation)
rado Rural Legal Services and Director of the Colorado
Ms. Dohm is the Director of the Children and Family
Coalition Legal Services Program.
Justice Center at Northwestern University School of Law.
79
08:81 26. 82
80
America's Children at Risk
She is co-chair of the ABA Litigation Section's Task Force
Committee on Affordable Housing (Section of Real Prop-
on Children. She has worked extensively in the Cook
crty and Probate) She was recently appointed Vice Chair
County child welfare system, with the Juvenile Law Pro-
of the Advisory Committee. Center for Community Devel-
ject of the American Civil Liberties Union, and the Chil-
opment, The Martin Luther King, Jr. Center for Nonviolent
dren's Rights and Homeless Advocacy Projects of the Legal
Social Change.
Assistance Foundation of Chicago.
Iris McCollum Green
The Honorable Bernice B. Donald
(Appointed by the National Bar Association)
(Appointed by the ABA Steering Committee
Ms. Green is a founding partner of Green & Foshee in
on Racial and Ethnic Blas in the Justice System)
Washington, D.C., where. among other things, she has
Judge Donald currently serves on the United States
represented children in abuse and neglect cases. Her inter-
Bankruptcy Court for the Western District of Tennessee.
est in children's rights stems from her work in civil rights
Previously, she served for six years as Judge of the General
law at the U.S. Department of Justice.
Sessions Criminal Court of Memphis, Tennessee. Judge
Donald is past president of the National Association of
Fay Hartog-Rapp
Women Judges, where she helped pass resolutions seeking
(Appointed by the ABA Section on Urban, State and
legislation on the rights of children. She served as chair of
Local Government)
the board of Mid-town Mental Health Center, which pro-
Ms. Hartog-Rapp has represented public schools in
vides services for children and families.
abuse/neglect proceedings, truancy cases and other juve-
nile court proceedings. She also has expertise in educa-
The Honorable Fernande R.V. Duffly
tional and rehabilitative services for disabled students.
(Appointed by the National Asian Pacific
American Bar Association)
Kimberly Hornak
Judge Duffly is Associate Justice in the Commonwealth
(Appointed by the ABA Young Lawyers Division)
of Massachusetts Trial Court. She has experience in the
Ms. Hornak is a prosecutor on the Special Victim Team
Probate and Family Court, which has jurisdiction over
in Salt Lake City, Utah, which handles child sexual and
divorce, parental rights termination, guardianship and sup-
physical abuse cases. She currently chairs the Children and
port, and other probate and equity matters. She was
the Law Committee of the ABA Young Lawyers Division.
engaged in the private practice of domestic relations law
She also sits on the board of Utati's chapter of the National
for 14 years.
Committee for Prevention of Child Abuse.
Maria Foscarinis
Zona F. Hostetler
(Appointed by the ABA Commission on Homelessness
(Appointed by the ABA Center for Professional
and Poverty)
Responsibility)
Ms. Foscarinis founded and directs the National Law
Ms. Hostetler has served on the ABA ethics committee
Center on Homelessness and Poverty, which engages in
and 15 the immediate past chair of the ABA's Committee
impact litigation, policy advocacy and research. She was
on Professionalism. She has served on numerous bar com-
formerly a litigation associate at Sullivan & Cromwell in
mittees concerned with legal aid and pro bono activities
New York, where she represented homeless families on a
and is currently on the Council for the ABA's Individual
pro bono basis.
Rights and Responsibilities Section. She practices law in
Washington, D.C.
Stephanie Franklin-Suber
(Appointed by the National Bar Association)
Bobbi Tillmon Mallory
Ms. Franklin-Suber is a partner with the firm of Schnader,
(Appointed by the National Bar Association)
Harrison, Segal & Lewis, Philadelphia, Pennsylvania. She
Ms. Mallory has been a family law attorney for approx-
is chair of the Small and Minorities Business Committee of
imately 14 years and is a senior partner in the law firm of
the Philadelphia Bar Association, and former president of
Mallory, Brown-Curtis & Mallory. She has served on
the Barristers' Association of Philadelphia.
numerous family law committees and is currently vice chair
of the ABA Family Law Section's Family Courts Committee.
Lisa A. Godfrey
(Appointed by the National Conference of Women's
James Morales
Bar Associations)
(Appointed by the Hispanic National Bar Association)
Ms. Godfrey practices law in Kalamazoo, Michigan, with
Mr. Morales is a staff attorney at the National Center for
Reed, Stover & O'Conner, P.C. She is a member of the
Youth Law, San Francisco, where he advises legal aid law-
National Conference of Women's Bar Associations and
yers on issues affecting low-income children. He special-
currently serves as its president. She has worked to influ-
izes in fair housing law, juvenile corrections and youth
ence legislation and policies that affect women and families.
employment.
Linda N. Goldstein
James R. Neuhard
(Appointed by the ABA Section of Real Property,
(Appointed by the ABA Special
Probate & Trust Law)
Committee on Funding the Justice System)
Ms. Goldstein is a partner with the Washington, D.C.
Mr. Neuhard is the director of the State Appellate
office of New York's Lane & Mittendorf. Ms. Coldstein has
Defender Office, Detroit, Michigan. He is chair of the ABA
also served in the Office of General Counsel, U.S. Depart-
Special Committee on Funding the Justice System. which
ment of Housing and Urban Development, where she was
will investigate and attack the system-wide crisis in fund-
responsible for legal issues concerning the Federal Housing
ing for all aspects of the justice system. He is the imme-
Administration Me Goldstein chairs the A A Special
diate past president of the National Legal Aid and Defender
800 9508
13:31 26. 83 700
A National Agenda for Legal Action
87
Association and the former chair of the ABA Bar Informa-
Debbie Segal
tion Project.
(Appointed by the ABA Standing Committee on
Lawyer's Public Service Responsibility)
John L. Popilek
Ms. Segal is the executive director of the Atlanta Vol-
(Appointed by the ABA General Practice Section)
unteer Lawyers Foundation, a pro bono organization which
Mr. Popilek has been a Superior Court Commissioner for
works with law firms and private attorneys to facilitate
approximately five years. He works daily with juveniles in
representation of children in contested custody cases, tru-
detention centers and residential placements, and is
ancy cases and deprivation cases. As a civil litigator, she
involved with a number of committees in Arizona which
has extensive trial and appellate experience in domestic and
are working to reform the juvenile justice system. Cur-
housing cases.
rently, he serves on a committee that is working with the
Arizona educational system to improve the relationship
Nancy G. Shor
between educational institutions and the juvenile justice
(Appointed by the ABA Administrative Law and
system.
Regulatory Practice)
Ms., Shor is the Executive Director of the National
Organization of Social Security Claimant's Representatives
The Honorable Blake Ramsey
(NOSSCR), where she works with publicly funded and
(Appointed by the ABA Judicial Administration
private advocates for Social Security disability and Supple-
Division)
mental Security Income disability claimants.
Judge Ramsey is currently a Utah Pro Tem circuit court
judge on family law matters and an attorney in private
Tracey E. Skinner
practice at Rieke-Cisil and Savage. She has seven years
(Appointed by the ABA Youth Education for
experience as a juvenile law and family law attorney. She
Citizenship)
is chair of the board for the Parry Center for Children and
Ms. Skinner is A solo practitioner in Baltimore, Maryland
The Salvation Army Harbor Light for the Homeless.
and has been practicing law for eight years. Her interest in
children's rights issues started in the beginning of her career
Pamele J. Roberts
when she took on pro bono cases in the special education
(Appointed by the ABA Special
area Since then, as past chair of the Maryland State Bar's
Committee on the Drug Crisis)
Young Lawyers Section and as a member of the ABA's
Special Conunittee on Youth Education for Citizenship, she
Ms. Roberts is a partner with the law firm of Nexsen,
has been involved with law-related education for young
Pruet, Jacobs & Pollard in Columbia. South Carolina. She
students.
is a member of the ABA Special Committee on the Drug
Crisis and chairs its Juvenile Justice Task Force. She is
Daniel L Skoler
immediate Past Chairperson of the ABA Young Lawyers
(Appointed by the ABA Section of
Division and from 1990-92 served on the advisory board
Individual Rights and Responsibilities)
to the ABA Center on Children and the Law.
Mr. Skoler is currently an associate commissioner within
the U.S. Social Security Administration He has served as
Deborah H. Schenk
the executive director of the National Council of Juvenile
(Appointed by the ABA Section of Taxation)
and Family Court judges, a member of the Advisory Board
of the ABA Center on Children and the Law, and a mem-
Ms. Schenk is a professor of law at New York University
ber of the ABA/IJA Joint Commission on Juvenile Justice
School of Law, specializing in problems of low-income tax-
payers and small businesses. She is a former chairman of
Standards. He currently chairs the work group established
by the ADA to assist the U.S. Executive Branch and the
the ABA Low Income Taxpayers Committee. Currently, she
Senate in identification and clarification of issues relevant
is A member of the Association of the Bar of the City of
to the ratification of the United Nations Convention on the
New York's Committee on Personal Income.
Rights of the Child.
L. William Schmidt, Jr.
James M. Stillwaggon
(Appointed by the ABA Section of Real Property,
(Appointed by the ABA Coordinating Committee on
Probate and Trust Law)
Immigration)
Mr. Schmidt practices estate planning, probate and busi-
Mr. Stillwagon is counsel to the firm of White & Case in
ness planning law in Denver, Colorado. He offers Insight
New York City and serves as trustee and counsel to the
on the property rights of minors, guardianship, and rep-
Maternity and Early Childhood Foundation of the State of
resentation of children in property and trust cases.
New York which provides funds for prenatal and neonatal
care for the urban and rural poor. His professional exper-
tise is in immigration law,
Robert G. Schwartz
(Appointed by the ABA Juvenile Justice Committee,
The Honorable Jean M. Toal
Criminal Justice Section)
(Appointed by the ABA Standing Committee on
Mr. Schwartz is the co-founder and executive director of
Association Communications)
the Juvenile Law Center, a Philadelphia-based public
Judge Toal practiced law for 20 years prior to her present
interest law firm. He works with advocates and public pol-
election to the South Carolina Supreme Court. She has
icy makers throughout the country to improve child serv-
practiced primarily trial and appellate litigation before all
ing systems and is involved with promoting family and
trial and appellate level courts, both state and federal, in
community-based services, ensuring delivery of quality
South Carolina. She served as a member of the South Car-
health care, and reducing barriers to services
oline House of Repr ntatives for 13 years. She was the
** 010 3998 76101 **
82
America's Children at Risk
first woman in South Carolina to chair a standing commit-
1975-1984. She presently chairs the ABA Special Commit-
tee of the House of Representatives.
tee on Youth Education for Citizenship.
H. Rutherford Turnbull, III
Marshall J. Wolf
(Appointed by the ABA Commission on Mental and
(Appointed by the ABA Section of Family Law)
Physical Disability Law)
Mr. Wolf practices domestic relations law at Wolf and
Mr. Turnbull, chair of the ABA Commission on Mental
Akers in Cleveland. He is chair of the ABA Family Law
and Physical Disability Law, is a professor of special edu-
Section. He has served as a member of numerous family
cation and a professor of law in the areas of special edu-
law committees and is a follow of the American Academy
cation law, mental disabilities law and public policy at the
of Matrimonial Lawyers and the International Academy of
University of Kansas at Lawrence. He co-directs The Beach
Matrimonial Lawyers.
Center, the nation's only federally funded rehabilitation and
research and training center that focuses exclusively on
Diane C. Yu
families of persons with disabilities.
(Appointed by the ABA Commission on Opportunities
for Minorities in the Profession)
Margaret Bush Wilson
Ms. Yu is currently Ceneral Counsel for the State Bar of
(Appointed by the ABA Special Committee on Youth
California. Prior to her present appointment in 1987, she
Education for Citizenship)
was a White House Fellow in Washington. D.C., following
three years as the Superior Court Commissioner in Probate
Ms. Wilson is a senior partner in the law firm of Wilson
and Family Law for Alameda County. She serves on the
& Associates. She is the past chair of the NAACP National
board of the California Consortium for the Prevention of
Board of Directors and served nine terms in that office from
Child Abuse.
86. 88
MEMORANDUM
TO:
KIM TILLEY
FROM:
AMY ZISOOK
SUBJECT:
SMALL BUSINESS ASSOCIATIONS
DATE:
JULY 30, 1993
A
National Small Business United -
John Galles, Executive Vice President: 202-293-8830
65,000 + members; 50 states
B
National Association for the Self Employed -
Bennie Thayer, Chairman of the Board: 202-466-2100
320,000 + members; 50 members
National Association of Women Business Owners -
A
Joyce McLaughlin, President;
Contact: Virginia Littlejohn: 301-608-2590
5,000 members
<Recon
B
John Satagaj: 202-639-8500
Small Business Legislative Council - (HASNT ENDORSED yet but FRienDly) Still
100 Associations
SA-TA-JAY
will want some of the soc present Twe determine
(note: NASE is one of his members # & counts)
Page Three
NATIONAL FEDERAL OF INDEPENDENT BUSINESSES (NFIB)
The NFIB reprensents 600,000 small business owners. During the
last decade the NFIB has become an extremely visible and vocal
voice for small businesses on Capitol Hill, however very closely
allied with Republicans. They strongly oppose employer mandates
and tax increases of any type, and have opposed our efforts
through out the task force process. Their opposition has been
used as an effective marketing tool this year to increase their
membership and in many cases siphon members from other small
business groups.
The NFIB is trying to work out a program to program to provide
health insurance to their members and want that flexibiliy on the
association insurance issue. Another high priority is the self-
employed tax deductibility, however this alone would not be
sufficient to gain a positive reaction. Despite their strong
opposition to government regulation, they have voiced support for
strong cost containment provisions (price controls) on providers.
The NFIB yields an especially strong influence with House members
from the Midwest and the South. We will need to be prepared to
respond to their active opposition should we expect to have
sufficient support in the House, and to provide cover for the
other small business groups who may play a more constructive
role. Although they do not yet support the Chafee bill, it is
their intention to do so. ASSESSMENT: Active opposition.
NATIONAL SMALL BUSINESS LEGISLATIVE COUNCIL
The Small Business Legislative Council is a Coalition of 100
small business trade organizations, which represent at least 1.6
owners. Despite the fact that they, as an organization of other
organizations, can claim more small business owners than NFIB,
they have yet to wield much clout or deliver an effective grass
roots campaign on any issue of importance to them. Having said
that, they are well liked by those members of Congress who know
them, i.e., Rostenkowski and Pryor. They have been an early
participant in the health reform debate, introducing their own
reform proposal two years ago.
Page Four
Although they have been willing to consider employer mandates and
have been largely supportive of our outline, they strongly
support the inclusion of association insurance plans (MEWA's) and
this to date may well be our greatest hurdle for their support.
Although their impact is small, their support will be greatly
needed to offset the otherwise broad small business opposition.
ASSESSMENT: Unclear.
NATIONAL SMALL BUSINESS UNITED
Small Business United represents over 65,000 small business
owners. Their bi-partisan approach has yielded limited
congressional influence, but their public advocacy has played
well in the media. Earlier this year they indicated a willingess
to consider individual mandates, but their openness has become
more qualified in recent months. They will oppose emloyer
mandates, but may be willing to speak supportively of other
provisions in the proposal. The association insurance issue will
also be a concern for them. They need to be more actively wooed.
ASSESSMENT: Qualified opposition.
NATIONAL RESTAURANT ASSOCIATION
The National Restaurant Association represents 15,000 foodservie
operations, which covers nine million foodservice employees and
part-time employees. They are a founding member of the
Healthcare Equity Action League (HEAL), designed to find a
market-based solution to reform. They are politically active on
Capitol Hill and very conservative. Adamently opposed to
employer mandates and global budgeting. ASSESSMENT: Oppose.
NATIONAL ASSOCIATION OF MINORITY CONTRACTORS
The Minority Contractors Association represents 3,500 black,
hispanic, asian-pacific, and native American contruction
contractors in over 45 states. Their membership is highly
transient, largely uninsured, and most employ less than 10
employees. Their greatest influence is in the African-American
community. They have opposed employer mandates (supported
individual mandates), but are open to discussion about small
business subsidies in conjunction with mandates. They are likley
to respond to good data showing that our plan will be affordable
for small businesses. They strongly support maintaining
association insurance plans. They strongly support the 100% tax
deductability for self-employed. ASSESSMENT: Unclear, likely to
be modified opposition.
Page Five
NATIONAL ASSOCIATION OF WOMEN BUSINESS OWNERS
The National Association of Women Business Owners represent about
4,000 women small business owners. Still a relatively new
organization (formed in 1978), they have expanded their
membership to 50 states. They oppose employer mandates, but have
been open-minded to discussions of small business subsidies for
small businesses within the mandate. They work closely with the
Small Business. United, and although they are likely to oppose the
plan, may contructively do so by supporting individual
provisions. They need to be wooed. ASSESSMENT: Unclear.
THE NATIONAL ASSOCIATION OF PRIVATE ENTERPRISES
The National Association of Private Enterprises (NAPE) represents
40,000 small business owners with 10 employees or less. Over 60
percent of their members are 40 years of age or younger. This
relatively new organization (established in 1983) provides a
network of bulk purchasing and insurance for their members. The
NAPE offers a benefit plan that includes access to more than 48
products such as travel discounts, health insurance, and
scholarships for NAPE members and their families. NAPE is new to
the grass root advocacy process and their impact on Capitol Hill
is still small.
NAPE strongly supports cost containment measures that include
global budgets and malpractice reform, and the self-employed tax
deduction is a strong issue with this group. However, employer
mandates, prohibiting association insurance policies, and FUTA
increases is very likely to result in their opposition. Their
position will be simple: if small business labor costs increase
under this plan, they will oppose. If we can quantify
substantial small business assistance to offset what would
otherwise be cost increases, their position may be qualified.
ASSESSMENT: Opposition, may be qualified.
THE NATIONAL ASSOCIATION OF SELF-EMPLOYED
The National Association of Self-Employed represents 320,000
small business owners. The self-employed tax deduction is a very
strong issue with this group, as well as association insurance
coverage. However, additional costs of the reform proposal will
weigh heavily in their reaction, if we are not able to quantify
subsidies. ASSESSMENT; Unclear.
THE WHITE HOUSE
WASHINGTON
Page Two
PROHIBITING ASSOCIATION PLANS. Many associations
provide low cost insurance to their members as one of
their membership services (many also do bulk purchasing
and other networking programs for their small business
members). Association, which rely on underwriting,
pre-existing condition exclusions, and other such
things to keep costs low for their members -- such as
the COSE plan in Cleveland -- will not be allowed to
continue to operate under our plan. Association
insurance plans also generate additional operating
revenue for association budgets.
CHAMBER OF COMMERCE
The Chamber's represents approximately 215,000 businesses, of
which over 90 percent have less than 100 employees (71% have less
than 10 employees). The service and retail industries comprise
56% of their membership. They have a strong grassroots network
and a significant presence on Capitol Hill.
Their approach to reform is managed competition and early in the
debate they indicated their willingness to support employer
mandates with sufficient subsidies for low-wage emloyees and
their emloyers. However, they have paid a price for this
position within their membership, where a growing number have
cancelled their membership. NFIB has capitalized on the
Chamber's employer mandate position, forcing the Chamber to take
a much harder line in recent weeks.
The other key issue for the Chamber is limiting Alliance
participation at no more than 100 employees. As recently as last
week, they indicated that anything over 150 would guarantee their
opposition.
It is critical that the Chamber remain neutral until our proposal
is released, however, they are under increasing pressure to start
an opposition campaign in August to help off-set the criticism
they are taking on their right. This has been temporarily
stalled, through a steady effort to show our changes in response
to their proposals. ASSESSMENT: They will oppose in September,
but may qualify their opposition.
Kim
Here are summaries of each of
these sm. business groups + where
they stand with us on health care
reform. This document is on the
disk. I can do something much
more detailed if you wish.
marilyn