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Memos to JHS (Sununu) - 5/91 to 8/91
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Originally Processed With FOIA(s): FOIA Number: 2025-0647-S; 2011-2575-F 2025-0647-S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Chief of Staff, White House Office of Series: Rogers, Ed, Files, Subseries: Correspondence Files OA/ID Number: 11321 Folder ID Number: 11321-005 Folder Title: Memos to JHS (Sununu) - 5/91 to 8/91 Stack: Row: Section: Shelf: Position: G 15 23 1 OA 11321 Ed 'S Carrespontence FOR FILE: Ed Rogers' memoranda to Governor Sununu dates as noted THE WHITE HOUSE WASHINGTON DATE: July 26, 1991 TO: GOVERNOR SUNUNU FROM: ED ROGERS Per yesterday's conversation, here is more information on the Sundquist nominee. FYI. DON SUNDQUIST DISTRICT OFFICES 7TH DISTRICT TENNESSEE 117 SOUTH 20 STREET CLARKSVILLE, TN 37040 615-552-4408 COMMITTEE WAYS AND MEANS Congress of the United States 5909 SHELBY OAKS DRIVE SUITE 213 MEMPHIS TN 38134 WASHINGTON OFFICE 901-382-5811 230 CANNON HOUSE OFFICE BUILDING WASHINGTON DC 20515 house of Representatives 202-225-2811 Mashington, DC 20515 July 25, 1991 The Hon. George Bush President of the United States The White House Washington, DC 20500 Dear Mr. President: As I mentioned briefly last evening at the gymnasium dinner, I am experiencing a twofold problem relative to the selection of a new judge for U.S. Sixth Circuit Court of Appeals. Of paramount concern is that Tennessee is in danger of having its representation on the circuit reduced from three to two, this at a time when Tennessee is the only growth state in the circuit and when the number of appeals originating in Tennessee continues to show steady growth. There is no precedent for reducing a state's representation on the circuit, let alone in a year when the circuit will gain an additional judgeship. Consequently, I find myself in a politically embarrassing situation back home. Not only is Tennessee likely to lose a judgeship, but that judgeship will be lost in the congressional district represented by the chairman of the President's Congressional Steering Committee. This is not going unnoticed back home. My second problem has to do with the judicial vacancy itself. You have stated often that it is your wish to nominate highly- qualified women to the federal bench. Knowing this, I recommended late last year that the 6th Circuit vacancy be offered to U.S. District Judge Julia Gibbons of Memphis. Judge Gibbons appears to fit perfectly the criteria you have set for judicial appointments; she is young (40), superbly educated and credentialed, a Republican, a conservative with a strong record on the bench, and enjoys broad-based support in Tennessee. Judge Gibbons served as an aide to former Governor Lamar Alexander and was named by him to the state bench. In 1983, she was named to the U.S. District Court by President Reagan. -more- The Hon. Goerge Bush page two Initially, I found it curious that my recommendation of Judge Gibbons generated so little interest at the Justice Department. Now, with the passage of eight months and the increased public speculation about this appointment, I find myself reaching the uncomfortable conclusion that Judge Gibbons is being purposefully blocked. Most disturbing, I seem to be unable to find out why that should be the case. I have never come to you directly for assistance, and I do so in this instance only because the situation is of great importance to me and to my state and because my efforts to resolve this through channels have won me little but confusion and frustration. Mr. President, the loss of a major federal judgeship in Tennessee - in my district - will certainly be viewed as a major political setback for me. Further, the rejection of a young, conservative female jurist who enjoys wide-ranging support in the state and who would appear to be exactly the sort of nominee you have sought for these positions cannot but harm the administration's standing in Tennessee. I respectfully seek your assistance in retaining Tennessee's traditional third seat on the 6th Circuit Court of Appeals, and I ask your fair consideration of U.S. District Judge Julia Gibbons for nomination to that seat. With thanks and kindest regards, I am Sincerely, Don Sundquist, M.C. DKS:rmp enclosures THE TENNESSEAN NASHVILLE 3/18/91 MON MAR 18 91 T Gibbons for 6th Circuit Isean Pal Endorsement 1 HE appointment of Judge Julia Glb- the 6th Circuit 8A/12 because it would give those bons to the 6th U.S. Circuit Court of states a first-rate judge who has already Appeals would be a credit to this region proved in 10 years OD the bench that she and to the Bush administration. has the intellect, stamina and tempera- Since 1983, Gibbons has been a federal ment to serve with distinction. district judge in Memphis. Her appoint- ment by former President Reagan made And the appointment would be a big her Tennessee's first woman federal credit to Bush. Frankly, the Bush adminis- judge. tration's record of appointing women to Before that, she served as a Circuit judgeships is quite bad. Of the 48 district Court judge in Memphis, a position to judicial appointments made by the admin- which she was appointed by former Gov. istration in its first two years, just five Lamar Alexander. That 1981 appointment were women. or Bush's 18 appeals court made her the first woman trial judge of a appointments, only two were women. court of record in Tennessee. Filling federal judgeships understand- The Bush administration now has ably has not been the White House's top scores of judgeships to fill. Just in the 6th priority during the months of the Persian Circuit. which handles federal appeals Gulf conflict. from Tennessee, Kentucky, Ohio and But the war is over, and other matters, Michigan, there are three vacancies on including judgeships, are urgent. In the the 16-judge court. case of one vacancy on the 6th Circuit, One of those judgeships should go to Gibbons' experience and intellect should Glbbons. Her appointment would benefit make toe appointment simple. EDITORIALS Best for court/ The Commercial Appeal 1/8/91 Gibbons should be Bush's choice U.S. Dist. Judge Julia S. Glb- moved Judge Hull from another bons should receive President Bush's appointment to fill an up- Butcher case because of a poten- tial conflict of interest. coming vacancy on the Sixth U.S. Judge Hull also received na- Circuit Court of Appeals. tional publicity in 1985 in the Haw- The fact that Judge. Gibbons kins County textbook case. He has done an outstanding job in her eight years on the federal bench is ruled that students had a right to "opt out" of classes that used books only one reason, and perhaps not that parents said violated their re- even the most important. These are the other reasons: ligious beliefs. The appeals court I The vacancy will occur overturned him. and the Supreme when Judge Harry Wellford of Court refused to hear the case. Memphis takes senior status, effec- By contrast, the career of tive Jan. 21, although it may take Judge Gibbons has been one of un- many months to fill the vacancy. marred distinction, from an out- He will continue to hear cases part- standing record at Vanderbilt Uni- time. Appeals court replacements versity and the University of Vir- traditionally come from the same ginia School of Law through a long state as the judge who is retiring list of professional firsts. or moving to part-time status. She was, as she mentions in a Nominees also are chosen from Vanderbilt Alumnus article, "the members of the president's party. first female attorney employed by Judge Gibbons, although only 40, the firm with which I practiced, is the senior Republican in terms the first female legal counsel for a of service among Tennessee dis- governor of our state (Lamar Alex- trict judges. ander), the first female trial judge I Successors on an appeals of a court of record in Tennessee, Page 5.1 and the first female district fudge court are recommended to the in Tennessee." president by a U.S. senator of his In one of her most publicised party from the judge's state, or, if cases, Judge Gibbons ruled that both senators are of the opposite unconstitutional conditions exist- party, by the U.S. representatives ed at the Shelby County Jail, but of the same party. Judge Gibbons, she avoided adding to the confu- who has been recommended by U.S. Rep. Don Sundquist (R-Tenn.), sion and tensions. With an orderly approach that reassured everyone. is by far the best choice for politi- involved in the case, she directed cal purposes. Because of her age, jail officials and attorneys for in- she probably would have a long ca- mates to develop a plan of reforms. reer on the appeals court no mat- ter how political fortunes changed She approved the plan last year. in the White House. And, when Also weighing in the favor of next a Republican occupied it, she Judge Gibbons is the fact that, in might be a front-runner for ap- 1989, there were only 18 women pointment to the U.S. Supreme among the nation's 133 appellate Court. court judges. The judicial branch The other leading candidate of government needs to have bet- is U.S. Dist. Judge Thomas G. Hull ter representation than that for of Greeneville in East Tennessee, more than half the population. who is supported by U.S. Rep. IF NOMINATED and con- James Quillen (R-Tenn.). Judge Hull has two disadvantages com- firmed to the Court of Appeals, Judge Gibbons would be one of the pared with Judge Gibbons: At his age, 64, he would not have as much youngest judges on the appeals bench. In her case, that's not a service on the appeals court as a handicap. younger candidate and, therefore, First, her record is superb. In might give Democrats a quicker her eight years as a district judge, opportunity to make an appoint- she has earned the respect that ment. The biggest disadvantage, supports her candidacy. Her tem- however, is that his federal tenure perament is flawless; her scholar- has been marked by several con- troversies. ship, thorough; her judgment, ma- ture and reliable. In 1984, Judge Hull stepped Because of that record and ex- down from a case involving perience, her age becomes an ad. charges against bankers Jake and C.H. Butcher after The News-Senti- vantage. She would have a long CR- nel in Knoxville reported that the rear on the appeals bench and a judge had used a Butcher loan to chance eventually to become a leading candidate for the Supreme buy stock in a Butcher bank. More Court. That's a major cons recently. the appeals court re- tion for President Bush. THE WHITE HOUSE WASHINGTON July 26, 1991 MEMORANDUM FOR GOVERNOR SUNUNU ANDY CARD RON KAUFMAN FROM: ED ROGERS SUBJECT: LOUISIANA VISIT? Roemer's people are looking for guidance on the attached. What can we tell them? Please advise. Thanks. JUL-24-91 WED 10:57 B.R. GOVERNOR'S OFFICE P.02 State of Tonisiana EXECUTIVE DEPARTMENT Paton Rouge POST OFFICE Box 94004 BUDDY ROEMER 70804-9004 (504) 342.7015 GOVERNOR July 24, 1991 Honorable George Bush President The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear President Bush: I know that your travels in the next few weeks will take you away from Washington, and I would like to ask your staff's consideration of my earlier request for you to appear in Louisiana on my behalf on September 28, 1991. I would greatly appreciate your staff contacting P.J. Mills, my Chief of Staff, on this matter so that we can begin advanced planning in coordination with your people at an early date. We are anxiously awaiting your visit to Louisiana, and look forward to seeing you. Please give my best regards to Mrs. Bush. Sincerely, Buddy Roemer Governor BR:mac THE WHITE HOUSE WASHINGTON DATE: July 26, 1991 TO: GOVERNOR SUNUNU FROM: ED ROGERS Per our discussion yesterday, attached please find the material on Dick Rosenbaum's nomination to the 2nd circuit court of appeals. FYI. JUL-25-91 THU 17:26 NHDD ROCH FAX NO. 7162631600 P.02 GERALD R. FORD July 15, 1991 Dear George: good I write a very strong letter of endorsement on behalf of a very friend - Dick Rosenbaum - who is being considered for nomination to the 2nd Circuit Court of Appeals. I've know Dick since the 1960s. At the request of Governor Nelson Rockefeller, he left a New York State Supreme Court judgeship to become Republican State Chairman. For about 40 years he has served the GOP with integrity and fine judgeship Dick At present, Rosenbaum nomination. Dick has is an a excellent fine Republican legal background National Committeeman. for leadership. a federal had New York State, so he has had & judicial background. He has in Re has Berved 68 S Supreme Court Judge the law. broad and successful experience in the private practice of Dick Rosenbaum is $ person of the highest character and is we support. dedicated to those fundamental principles of government which judge on the 2nd Circuit Court of Appeals. I reiterate my endorsement for Dick Rosenbaum's nomination as $ Warmest, best wishes, The Honorable George Bush The President of the United States The White House Washington, D.C. 20500 KOSENBAUM, UKK JUL-25-91 THU 17:27 NHDD ROCH FAX NO. 7162631600 P.03 ALAN K. SIMPSON WYOMING United States Senate Assistant Republican Leader WASHINGTON. D.C. 20510 July 19, 1991 Honorable C. Boyden Gray Counsel to the President The White House Washington, D.C. 20500 Dear Boyden: I am advised that a decision has not yet been made on the Circuit Court of Appeals, Second Circuit, and I just wanted to "refresh" my support of Dick Rosenbaum for that appointment. Attached is the text of my March 20, 1991 letter on Dick's behalf. Please know that I continue to choice. feel just as strongly that he would be an excellent I would appreciate being advised on the status made. of this nomination and of the decision, once it is Thank you again for giving Dick every proper much appreciate that. consideration in the selection process. I do very With best regards, Most sincerely a Alan K. Simpson United States Senator AKS/dhg Enclosure NOT PRINTED OR PROPARED AT GOVERNMENT OR TAXPAYER EXPENSE JUL-25-91 THU 17:27 NHDD ROCH FAX NO. 7162631600 P.04 Mnited States Senate WASHINGTON, D.C. 20810 July 19, 1991 The Honorable George Bush President of the United States The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear Mr. President: We heartily endorse Richard M. Rosenbaum for appointment to fill a vacancy on the U.S. Court of Appeals, Second Circuit. Dick is a graduate of the Cornell University School of Law and is a partner in the venerable law firm of Nixon, Hargrave, Devans & Doyle. He is a former member of the New York Supreme Court and he enjoys a reputation as a first class lawyer. His philosophy of the law is in complete agreement with the philosophy of your administration in that he believes strongly in judicial restraint, strict construction of the Constitution, and he is totally opposed to legislating from the bench. In addition to practicing law over many years, he has devoted his life to working for the good of the Republican Party. As a matter of fact, some years ago he left the bench with twelve years to go in his term in order to strengthen the Party in New York State as its Chairman at the request of then Governor, Nelson A. Rockefeller. The only objection to Dick's candidacy has been his age (he was 60 in April) but he is in robust physical condition and is known to be an extremely hard worker. -1- JUL-25-91 THU 17:28 NHDD ROCH FAX NO. 7162631600 P.05 -2- Mr. President, we urge you to nominate Dick Rosenbaum to the U.S Court of Appeals, Second Circuit your Administration for many years to come. we are sure that he will be a credit to the Court and to as concern. Thank you very much for your consideration and The Sincerely, Robert Dole Republican Leader Alan K. Simpson Assistant Republican Leader aifarm D'amits Alfonse D'Amato United States Senator JUL-25-91 THU 17:28 NHDD ROCH FAX NO. 7162631600 P.06 STEVE SYMMS IDAHO United States Senate WASHINGTON, DC 20510 June 28, 1991 Mr. Richard M. Rosenbaum Nixon Hargrave Devans & Doyle Clinton Square Post Office Box 1051 Rochester, New York 14603 Dear Dick: A short note to let you know that I have joined my colleagues in supporting your interests in serving on the Circuit Court of Appeals. Letters have gone to the White House. Thank you for calling on me to support your efforts. It is my pleasure. You're a great American and I wish you well. Sincerely STEVE Share SYMMS United States Senator It faxed without signature to avoid delay THE WHITE HOUSE WASHINGTON Date: July 9, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI JUL 08 '91 09:30AM B M S&K P.2 07/01/91 12:34 NRA/ILA WASH,DC 202/861-0306 002 NATIONAL RIFLE ASSOCIATION OF AMERICA INSTITUTE FOR LEGISLATIVE ACTION 1600 RHODE ISLAND AVENUE, N.W. WASHINGTON, D.C. 20036 OFFICE OF THE MEMORANDUM EXECUTIVE DIRECTOR (202) 828-8320 To: Charlie Black From: Jim Baker Re: Proposed BATF Regulation Date: July 1, 1991 The BATF is on the verge of attempting to promulgate a regulation that would stretch a newly enacted criminal provision, 18 U.S.C. $922(r), out of all proportion. Passed as part of the 1990 crime package, that provision amended the Gun Control Act of 1968 to prohibit the assembly, from imported parts, of any semi-automatic rifle or shotgun which is prohibited from importation as not being particularly suitable for sporting purposes. I would appreciate your assistance in preventing BATF from attempting to expand the clear language of this statute. The "from imported parts" language was not in the bill as originally proposed. Although the bill's language would have encompassed a ban on domestic assembly of certain firearms, Report 101-681, House Judiciary Committee, 101st Congress, 2nd Session, at 106-107 (1990) explained: "The purpose of this provision is to prevent the circumvention of the importation restrictions by persons who would simply import the firearms in a disassembled form and then reassemble them in the United States." To clarify that this intention was really part of the statute, on the House floor Congresswoman Unsoeld introduced the amendment adding the words "from imported parts." She stated that "my amendment would clarify that the ban refers to domestic assembly of non-importable firearms only." Congressional Record at H8864 (October 4, 1990). All of the ensuing debate discloses the understanding that to be in violation, one would have to import all of the parts of a firearm before the conduct would be encompassed in the statutory provision. Both opponents and supporters argued that the provision would supplement, but not expand, existing law. JUL 08 '91 09:30AM B M S&K P.3 07/01/91 12:35 NRA/ILA WASH,DC 202/861-0306 003 2 Currently, BATF is sending letters to domestic manufacturers alleging that the assembly of firearms from domestic parts, combined with any imported parts, is a violation. Yet the clear language of the statute does not prohibit the assembly of a firearm from domestic and imported parts - it only includes one assembled solely from imported parts. Indeed, BATF seems to be claiming that use of a domestically produced receiver - the major part of any firearm *** is a violation if imported parts are also used. BATF spokesmen have stated that they will be promulgating a regulation on 922(r) in the very near future. BATF should not be allowed to promulgate such a regulation. First, it has no authority to expand the language of a criminal statute which Congress has passed. Second, the statute speaks for itself, and should not be amended to a more stringent form by the agency through regulation. Such a regulation would be a political and administrative nightmare. The Congress, not a bureaucratic agency, should decide policy for Americans concerning firearm ownership. I would appreciate it very much if you would take action to preclude the promulgation of any regulation. I would suggest that you contact John Robson, who is the boss of Mr. Nunez, Assistant Secretary of the Treasury for Enforcement, and direct that no regulation be issued. The Director of BATF reports to Mr. Nunez. Your assistance would be greatly appreciated. Please contact me if you need further information. THE WHITE HOUSE WASHINGTON Date: July 9, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk X XX FYI FAX TO ED ROGERS AL SIMPSON Whip Notice WYOMING United States Senate OFFICE OF THE ASSISTANT REPUBLICAN LEADER WASHINGTON, DC 20510-7022 July 2, 1991 Dear Colleague: The Senate schedule for the week we return is as follows: Monday, July 8, 1991: The Senate will convene at 3:30 p.m. There will be a period for morning business, not to extend beyond 4 p.m. At 4 p.m., the Senate will resume consideration of S.1241, the crime bill. When the Senate resumes consideration of S. 1241, Senator Rudman will be recognized to offer an amendment under a UC agreement which provides one hour, Rudman amendment, Senator Biden will move to table. The Rudman equally divided, for debate. At the conclusion of debate on the amendment will then be temporarily set aside, and Senator Bingaman will offer an amendment on literacy in state prisons. The vote on the motion to table the Rudman amendment will occur at 7 p.m. Tuesday, July 9, 1991: The convening hour has not been determined. As usual, the Senate will recess for party policy lunches from 12:30 until 2:15. Balance of the Week The Senate is expected to continue consideration of S.1241 until final disposition. The Majority Leader has announced that the following constitutes a non-exclusive list, in alphabetical order, not according to priority, of what the Senate may consider in July: available appropriations bills, the cable bill, China MFN authorization bill, the education improvement bill (S.2), the family legislation, civil rights legislation, the C.A.F.E. bill, the DOD and medical leave bill, the Federal facilities bill, the foreign aid authorization bill, the motor voter bill, the National Energy Strategy legislation, and the Title 10/"gag rule" legislation. He has also announced that for the remainder of this session, there will be roll call votes five days a week. Votes will occur on Mondays after 5 p.m., and on Fridays before 3 p.m. On Tuesdays, Wednesdays, and Thursdays, roll call votes may occur throughout the day and into the evenings, if necessary. Friday, July 12, 1991: The Senate will not be in session to accomodate the Democratic Party retreat. If you have questions, please call 4-2708. a Al Simpson Assistant Republican Leader THE WHITE HOUSE WASHINGTON Date: July 8, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI Republicans Abroad Clayton Yeutter Honorary Chairman John G. McCarthy, Jr. June 27, 1991 Chairman Barbara Hayward President George Bush Vice Chairman The White House William Ali Mills Executive Director Washington, D.C. 20500 U.S.A. ADVISORY COMMITTEE Vice President Dan Quayle The Hon. Jeanie Austin Clement M. Brown, Jr. Dear President Bush, Senator Robert Dole Jennifer B. Dunn Frank J. Fahrenkopf, Jr. Keep Sununu! William J. Harris Perry O. Hooper Senator Connie Mack We can tell from Europe that the liberal U.S. Senator John McCain Richard Richards media (and a few conservative columnists like Congressman Guy Vander Jagt Ronald H. Walker Safire) are trying to destroy John Sununu's Governor Pete Wilson political stature by trumpeting his travel EXECUTIVE COMMITTEE expenses. The Hon. Shelby Cullom Davis Finance Chairman It is amazing how the press ignores the enormous Michael M. Uhimann cost of Congressional junkets, such as the recent Legal Counsel trip by one hundred Congressmen and their wives to James R. Fees the Paris Air Show. Immediate Past Chairman Randall Tallerico On behalf of the worldwide membership of Communications Director Republicans Abroad, I would urge you to stand firm Joan Hills in your support for the Chief of Staff. He is a Treasurer remarkable man: Brilliant, loyal and a staunch Kathryn J. Angelis Republican. Secretary Betty Dahistrom The Democrats and the liberal media are trying to Howland Russell Voter Registration get you by hitting John Sununu. Our faith has not REGIONAL CHAIRMEN been shaken. Please stand firm! John Wood Europe I had a good visit with Bucky in St. Louis on June 12. He has agreed to SO some campaigning with Jerry Loupee Asia/Pacific Republicans Abroad in Europe next year. Ronald P.E. Leeds Middle East/Africa Best regards. Dulcie Ann Sherlock Western Hemisphere Sincerely yours, MEMBERS-AT-LARGE Linda Pell Jhn Germany Ira D. Kaye John G. McCarthy, Jr. Hong Kong Chairman Ruth Eakin Montserrat CC: Barbara Hayward John Bauer James Fees Bahrain Reply to: P.O. Box 708, 1211 Geneva 3, Switzerland Republicans Abroad 310 First Street S.E. Washington, D.C. 20003 Tel: (202) 662-1390 FAX: (202) 737-2687 THE WHITE HOUSE WASHINGTON Date: July 2, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk FYI JUL 2 '91 9:04 PAGE. 001 FROM GM JAMES D. JOHNSTON Post-it™ brand fax transmittal memo 7671 # of pages VICE PRESIDENT INDUSTRY-GOVERNMENT RELATIONS Co. To Ed RogEns Jimstomston Epain EEUERAL Motous Mr. Ed Rogers Dept. Phone Executive Assistant to Fax # 207/775-5090 the Chief of Staff 202/775-5035 Fax # The White House National Academy of Science's Study of Fuel Economy As I mentioned, we believe the NAS study of the technological feasibility and economic practicability of further motor vehicle fuel economy improvements is of increasing importance. Prior to DOT's contracting the NAS study, our trade association, the Motor Vehicle Manufacturers Association, commission two studies, one with SRI and other with Charles River Associates. This was done because of the lack of serious studies of the subject. These studies are now complete, and we are planning to make them available to the NAS study committee for background. (Since they are relevant to the NAS study, we think it is appropriate to do so.) The SRI report concludes that the passenger car fleet could achieve increases of 0.7 mpg and 1.3 mpg in 1995 and 2001 (over a 1990 baseline), based on a 4-year payback, and 0.7 mpg and 2.6 mpg in 1995 and 2001, based on a 10-year payback. (These projections are based on data SRI received from Ford, GM, Honda and Chrysler.) For light duty trucks, the fleet could achieve increases of 0.7 mpg and 1.1 mpg, based on a 4-year payback, and 0.7 mpg and 1.6 mpg, based on a 10-year payback. The analysis is based on a calculation of cost-effectiveness which compared economic benefits (fuel cost savings exceeding the cost of a technology) to the retail cost of implementing various technologies. The Charles River study concludes that, as an energy conservation measure, higher CAFE is probably quite costly and is definitely very risky. A 40 percent increase in CAFE standards could save 300,000 barrels per day of oil by 2001, at a most likely cost of $32 per barrel saved, above and beyond the price of the oil per barrel. It also finds that, if global warming is the concern driving energy conservation initiatives, then by far the most cost-effective policy measure is imposing a carbon fee. A modest carbon fee equivalent to 5 cents per gallon of gasoline - could achieve the same CO2 reductions as the Bryan bill. In the interest of keeping the Governor well informed on this issue, we wanted to advise him of these plans. Of course, we would welcome any comments or suggestions. Jim Johnston JDJ:cba 7/2/91 SUITE 401 1660 L STREET. NW (202) 775-5090 WASHINGTON. DC. 20036 ROOM 13-137 GENERAL MOTORS BLDG (313) 556-4671 DETROIT, MICHIGAN 48202 THE WHITE HOUSE WASHINGTON Date: July 2, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XX FYI THE WHITE HOUSE WASHINGTON DATE: July 2, 1991 TO: PHIL BRADY FROM: ED ROGERS Just wanted to be sure the President saw the attached. Thanks. SENT BY: MAIN OFFICE ; 7- 1-91 ; 16:05 ; S.I. BORO PRESIDENT- 2024562397;# 2 CITY OF NEW YORK PRESIDENT OF THE BOROUGH OF STATEN ISLAND Guy V. MOLINARI BOROUGH HALL, STATEN ISLAND, N.Y. 10301 PRESIDENT July 1, 1991 The Honorable George Bush President of the United States The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear President Bush: I am deeply disturbed by the extensive media bashing of John Sununu over the past several weeks. It is obvious that they smell blood and believe by intensifying a public attack upon his activities, they will force his removal. Frankly, I know how important John has been to your administration, and I am amazed by his ability to constantly stay on top of so many complex issues simultaneously. It would be extremely difficult to replace him with someone of equally high caliber. While it appears John made some errors in judgment, I am certain that steps have already been taken to insure that these problems will not be repeated. It has become more and more obvious that there are some high level persons in the administration who would like to see him replaced. In my view, that would be a serious mistake. I strongly urge you to ride this media storm out and retain John in the present role he serves so well. GVM:tms Az Guy V. Molinari Sincerel yours, THE WHITE HOUSE WASHINGTON Date: July 1, 1991 GOVERNOR SUNUNU FOR: FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI JUN 28 '91 14:46 10 WHITE-HOUS PAGE. 002 CONGRESSIONAL CONTACT LEGISLATIVE ALERT! 0 JUNE 18, 1991 NAHB CALL TO ACTION National CONTACT YOUR SENATORS BEFORE Association SENATE CONFIRMATION HEARINGS of Home Builders ON ROBERT CLARKE'S REAPPOINTMENT AS COMPTROLLER OF THE CURRENCY Government Affairs Division The reappointment of Robert L. Clarke as Comptroller * of the Currency is going to be considered by the Senate * Committee on Banking, Housing, and Urban Affairs this * * summer. The Committee must act on Mr. Clarke's 15th & M Streets, N.W. * reappointment, and forward its recommendation to the * full Senate for a vote. Mr. Clarke cannot serve Washington, D.C. * another five year term without Senate approval. * Mr. Clarke's directive to national banks has * 20005 * contributed to the severe credit crunch. This should * (202) 822-0470 * be raised by Senators during the confirmation hearings. # (800) 368-5242 ext.470 WHAT YOU SHOULD DO: Write your Senators to let him or her know what your personal experience has been in trying to deal with the ongoing credit crunch. If you have found lenders increasingly unwilling to make even prudently underwritten loans -- especially due to overzealous regulation -- let your Senators know. If one or both of your Senators serve on the Senate Banking Committee, ask him or her to raise your situation with Comptroller of the Currency Clarke during the Committee's hearings on Mr. Clarke's reappointment. Request that your Senator(s) question Mr. Clarke on whether his Office has taken any steps in recent weeks to alleviate the credit crunch, and if not, what actions he plans to take in the future. If Mr. Clarke is not willing to do this, then -- as an individual, since NAHB has no direct policy on Mr. Clarke's confirmation - you should ask your Senator to consider opposing his confirmation. Legislative Alert June 18, 1991 Page Two If your Senators do not serve on the Senate Banking Committee, ask that they contact their colleagues on the Committee and share your concerns with them prior to any Clarke confirmation hearings. Also ask them to speak up on the Senate Floor on the severity of the credit crunch. BACKGROUND: In February 1990, Comptroller of the Currency Robert L. Clarke wrote the chief executives and directors of all national banks warning them of what his Office perceived to be the perils of real estate lending (OCC Advisory attached). Mr. Clarke's advisory directed banks under the OCC's regulatory authority "to review carefully real estate lending activities and to initiate corrective action promptly." His notice went on to state: "The OCC has been and will continue to be aggressive in requiring the correction of such weaknesses. Examiners have been instructed to recommend formal enforcement actions as appropriate." Not surprisingly, Mr. Clarke's "OCC Advisory" set off alarms throughout the nation's banking industry, leading lenders to virtually cease making any types of real estate loans. Bank examiners have failed to distinguish between housing and other types of lending, and this situation has inevitably led to the severe liquidity crisis we are experiencing today in housing and in numerous other businesses. After much prodding by NAHB and Congress, the four federal bank regulators (the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision) announced on March 1, 1991, that they intended to launch a joint effort aimed at encouraging lenders to once again start using common sense in making loans -- including real estate loans -- rather than shutting off lending for fear of incurring the regulators' wrath. However, it appears that the word regarding the regulators' March 1st agreement is just not getting down to the examiners and banks in the field. Further, of all the banking regulators, the Comptroller appears to be the least enthusiastic in implementing these clarifications. WHAT YOU SHOULD SAY: Tell your Senators just what the credit crunch has done to your business. Let them know how the drying up of credit throughout the nation has taken its toll on your ability to make a living, as well as depriving Americans of the ability to own a home. In addition to citing the direct impact the crunch has had on you, be sure to point out how many others, who would otherwise be working on your jobs, are now out of work as a result of your inability to obtain credit. PAGE.005 SNOH-31IHM 01 20:00 16. 28 NOS JUN 28 '91 14:47 TO WHITE-HOUS PAGE. 004 Legislative Alert June 18, 1991 Page Three Ask that this message be conveyed directly to Comptroller of the Currency Robert L. Clarke during his confirmation hearings. Further, ask that he be questioned as to how he intends to carry out the joint regulators' March 1st commitment to encourage more housing and real estate lending. If he isn't willing to do this, then as an individual - -- you should ask your Senator to vote against Clarke's confirmation. The Senate Banking Committee has not vet set a date for Mr. Clarke's confirmation hearings because of investigations which are under way on Mr. Clarke's financial activities. However, they are expected to take place sometime in the summer. Because they may be scheduled unexpectedly, be sure to get your message to your Senators as soon as possible. The Members of the Senate Banking Committee are as follows: DEMOCRATS REPUBLICANS Donald Riegle (MI), Chairman Jake Garn (UT) Alan Cranston (CA) Alfonse D'Amato (NY) Paul Sarbanes (MD) Phil Gramm (TX) Christopher Dodd (CT) Christopher Bond (MO) Alan Dixon (IL) Connie Mack (FL) Jim Sasser (TN) William Roth (DE) Terry Sanford (NC) Pete Domenici (NM) Richard Shelby (AL) Nancy Kassebaum (KS) Bob Graham (FL) John H. Chafee (RI) Timothy Wirth (CO) John Kerry (MA) Richard Bryan (NV) JUN 28 '91 14:46 TO WHITE-HOUS PAGE 003 AL 90-2 OCC ADVISORY Comptroller of the Currency Administrator of National Banks TO: Chief Executive Officers and Directors of All National Banks SUBJECT: Real Estate Project and Development Lending by National Banks Over the last year, OCC examination activity has revealed a significant number of fundamental deficiencies and negative trends in national bank real estate lending which require the immediate attention of bank managements and Boards of Directors. Our observations fall into three key areas: Underwriting Standards - Basic lending principles have been ignored or compromised to increase volume and achieve higher levels of interest and fee income. The lack of borrower equity in real estate projects is a critical part of this weakness. Appraisals, Structuring and Documentation - Appraisal policies are deficient. Too many banks have failed to obtain accurate, independent, and timely appraisals. The absence of proper documentation has often been excused by the need to "meet the competition." After origination, timely reviews of projects and market conditions are not conducted. Risk Identification - Certain practices have inhibited the ability of lenders to properly categorize risk. These practices include: continuing to accrue interest on loans where interest is being paid from unadvanced loan amounts, despite substantial deterioration in the condition of the project, the market or the borrower; advancing increased interest carry without additional financial support or justification; and operating with incomplete or nonexistent "in substance" foreclosure policies. Directors should instruct bank management to review carefully real estate lending activities and to initiate corrective action promptly. The OCC has been and will continue to be aggressive in requiring the correction of such weaknesses. Examiners have been instructed to recommend formal enforcement actions as appropriate. The OCC is currently reviewing its specific guidance on real estate lending (Banking Circulars 208, 225, the Comptroller's Handbook for National Bank Examiners and other issuances on real estate topics). Questions about any of these materials should be directed to your supervisory office. Nothing in this advisory or in OCC examination policy is intended to discourage sound real estate (project and development) lending. Our supervisory activity confirms that the vast majority of national banks have not deviated from traditional high lending standards. unuanuye Robert L. Clarke Comptroller of the Currency Date: February 8, 1990 Page 1 of 1 THE WHITE HOUSE WASHINGTON Date: July 1, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI Another pretty good report out of CA - per Rock Schnabel. Governor Wilson/California Republican Party Feud continues between State Chairman Dignan and the Governor's people. The search for an Executive Director goes on (who will be paid by Team California - not the C.R.P.1) over the objections of Dignan. The Wilson "money people" see this potential C.E.O. as a way to short circuit Dignan and his conservative followers. They also want a Chief Financial Officer, and have a candidate for that job. However, this candidate has no fundraising experience and doesn't 500 his role as such, which demonstrates again the rampant naivete at work here. The scenario calls for Team California member Michael Huffington agreeing to become Finance Chairman in exchange for being able to put in a staff person acceptable to them. Dignan, as you know, has thus far been unable to persuade anybody to take on the Finance Chairmanship, so hasn't much choice. One further ironic note to this wrangling: Team California folks still don't realize that, according to State Bylaws, this C.F.O. won't have the ability to sign checks--which is what they were counting on. As for Huffington, the deal is set, but he has insisted on phone calls from the White House and Wilson before formally accepting. There is still some question whether Huffington will actually be an active Finance Chair, or merely a figurehead. Wilson's office is truly grieving the death of campaign manager and Communications Director Otto Boss. That, coupled with the departure of Deputy Chief of Staff (and former Deputy campaign manager) Marty Wilson, leaves a big hole inside the Governor's office. Marty will actually be just across the street with Spencer-Roberts, and has been tapped by Wilson to be in charge of the California Delegation selection process. George Gorton will pick up most of the Governor's political chores in the wake of all this, but is just not as personally close to Pete and Bob White, despite being a part of the inner circle for twenty years. Schnabel Memo Page 2 To my mind, the President made a smart decision to avoid overtly political events when he's here this week. It was no wins if he did the dinner for Seymour, every other Senator would demand their due, and he would have infuriated the already embattled State Chairman Dignan. It was a major brouhaha in the making. U.S. Senate Seymour Seat Senator Seymour's first big dinner with Bob Dole was only moderately successful. They planned on 1200 people at $250, and came up with approx. 700 bodies (mostly paid). What I'm hearing is that both Seymour and Dole spoke for a half hour each, and that made for a long evening. Today Seymour will announce the selection of Stu Spencer and Marty Wilson as his chief consultants, with Rick McBride of Texas as his day-to-day campaign manager (Thanks go to Sen. Gramm for the Texan). The L.A. Times did a two day piece on the Senator which was pretty brutal (tool of the realtors and developers, lied about being a millionaire, flip flops on the issues, etc.). Knowing of the investigative reporter, I feel this is only the beginning. Also today, Seymour got another opponent in the Primary: Bill Allen, the black professor at Claremont who is a darling of the pro-life conservatives. He, like Cong. Dannemeyer, hasn't got much chance due to lack of funds, but both of these men will do their best to bloody Seymour before June and muddy the waters even further. As to the Democrats, Gray Davis shows better in the polls against Seymour than Feinstein (he beats John by 22%; she wins by 108), but a lot of that can be blamed on her negatives, which got a full airing against Wilson last year. Davis, of course, hasn't had a real campaign ever. She still looks like the candidate to beat. Cranston Seat Cong. Tom Campbell is getting a lot of flak for being the only California Republican to support the Demo civil rights bill. Some are saying he's a bit premature in starting to pander to the left this early in the game. Dornan endorsed Herschensohn this week as he pulled out of the running. Obviously, he remembers last reapportionment, Schnabel Memo Page 3 when he left Congress to run for the Senate and had his seat disappear because of it, forcing him to move to Orange County and run against a Demo incumbent two years later. Among Herschensohn's problems is he has a small, second rate staff and extremely poor fundraising ability, which Stu Spencer has never really understood. Stu is still pushing his "Herschensohn helps elect Seymour" strategy as the way to placate conservatives. Cong. Dreier has said he'll decide by July whether or not to enter the fray. Odds are David won't find the "dose of Rules. courage" necessary, and will opt to keep his seat on House The Jack Kemp for Senate rumors are starting up again -- I think because no one really believes that this race will come down to just Campbell and Herschensohn. Many people are looking for a middle of the road "great white hope" to come along and save the GOP from two relatively weak contenders against any Democrat. Jerry Brown is way ahead in the polls, with Lt. Gov. McCarthy next, then Cong. Boxer, then Cong. Levine. But it comes down to money, and Brown has imposed a limit of $100 per contributor on himself. Levine has millions in the bank and growing. THE WHITE HOUSE WASHINGTON Date: July 1, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk FYI 06/22/1991 09:13 FROM A & G GRAPHICS INC TO 12024562380 P.02 Pinellas County Pat Baker State Committeewomon Republican Executive Committee RESPUBLICAN PARTY 11644 Inving Street Seminole, FL 34642 (813) 528 0157 Fax: (813)527-5027 393-1548 OF FLORIDA 393.6055 June 22, 1991 The President The White House Washington, D.C. Dear Mr President, It has come to my attention that Mr John Sununu may be in trouble with your administration. It seems to me that the liberal press would like nothing better than to destroy a true Conservative within your organization. In speaking with several loyal Republicans in Pinellas County regarding Mr Sununu, each was aghast that there was even a hint that he might be in for an early "retirement". Many feel that you stopped the "Mother of all Wars" one man short because of the influence of the liberal press. Let's not let the liberal press run the internal affairs of your White House. Remember, it will never be all-right for a Conservative Republican to take a drive, but it will always be all-right for a Liberal Democrat to take a drive off a bridge. May I please urge you, Mr President, to remain loyal behind Mr Sununu, your Conservative ally. May God bless you and grant you wisdom. Sincerely, Paturen Baker Patricia Baker State Committeewoman Pinellas County Pd PAI Art THE WHITE HOUSE WASHINGTON Date: June 21, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XIXX FYI JUN-20-91 THU 16:02 WATERGATE 1010 FAX NO. 2023385950 WSI The Reregulation President The Vice President's Council on tion Act of 1991." He's got support Competitiveness is zeroed in now on from a bipartisan group of Senators, régulations that turn would-be Edt- including such Democrats as Geor- sons into paper pushers. It helps gla's Sam Nunn, Dale Bumpers of Ar- weigh the costs and the benefits of kansas, Alan Dixon .of Illinois and regulation so that when the govern- Max Baucus of Montana. The bill ment issues rules, they will produce might pass with presidential support, more benefits than red tape." but the White House is strangely -PRESIDENT BUSH JUNE 3. 1991 mute. Deregulation was a pillar of Rea- In particular, Mr. Bush's support ganomics because economists know is needed to overcome the political ex- that rules impose costs that slow eco- tortion practiced by OIRA's main op- nomic growth. We have no doubt that ponents-Ohio Senator John Glenn Mr. Bush wants to cut red tape, but in and his deputy. Leonard Weiss. The practice his administration is creating pair have put a hold on a planned it. To put it baldly, the Bush presi- Bush appointee in the hope of extort- dency is reversing many of the dere- ing a "compromise" from the White gulatory gains Mr. Bush helped pro- House that would gut OIRA. Budget mote as vice president in the 1980s. Director Richard Darman is said to At the Food and Drug Administra- be ready to accept this defeat because tion, David Kessler is on a crusade the would-be nominee, Frank Hodsoll, against orange juice labels while is his man. THA, the only drug ever to show evi- This political hostage-taking. we dence of relieving Alzheimer's dis- should add. is a growing congres- ease, languishes in his bureaucracy. sional outrage. Last year Mr. Glenn OSHA and the FTC-two notorious held Vanderbilt Prof. James Blum- federal nannies-are also back ha- stein hostage for so long that he fi- rassing business. "Wetlands" that nally gave up trying to come to Wash- aren't even wet have been declared ington to run OIRA. Banking Chair- off limits to development, creating a man Donald Riegle is currently delay- nationwide backlash. And so on. Ing the confirmation of Lawrence According to the Unifled Agenda of Lindsey and David Mullins to Federal Federal Regulations, agencies are Reserve posts. Since Democrats may churning out 17% more rules than in never again hold the presidency. they the 1980s. And that's before including don't seem to care how much havoc the wave of new regulations now be- they wreak in the executive branch. ing produced to implement the Clean Giving into Mr. Glenn on OIRA will Air, Act, the disabilities act and other just encourage more extortion. More bills Mr. Bush likes to take political important, it would damage Mr. credit for. Bush's presidential power by turning How is one to explain this result OIRA into the shell Mr. Glenn would set against Mr. Bush's longstanding like it to be. In particular. the Glenn criticism of regulatory red tane? "compromise" doesn't overturn a TR- A large part of the problem is the cent Supreme Court decision, Dole v. quiet crippling of the White House Of Stectworkers, that has let federal fice of Information and Regulatory Af- agencies write about a third of their fairs (OIRA). This is the office. cre- rules in such a way as to dodge OIRA ated under Jimmy Carter, that re- altogether. views regulations to avoid such clas. Senator Glenn wants to drive a sics as the OSHA rule requiring that wedge between the White House and hard hats worn at industrial sites be federal regulators to enhance "disinfected." Hard hats have never Congress's ability to intervene. The been known to transmit disease, but Constitution's founders wrote about a OSHA still wanted to impose the $60 "unitary" executive precisely because million cost. OIRA stopped it. they wanted bureaucrats to be ac- The point isn't that all regulations countable to an elected President. are absurd. but that someone needs to Congress is supposed to write the provide a sanity check. Yet the top laws, not administer them. But then OIRA job has been vacant for 18 Mr. Glenn is an expart in congres- months under Mr. Bush. (Liberals sional Interference with regulators. seem to believe that "independent" having lobbied them to go easy on agencies are inherently incapable of S&L kingpin Charles Keating. doing economic harm and therefore President Bush can fulfill his need not be accountable.) please to reduce red mpe only with Republican Senator Bob Kasten of the help of a strong OIRA. Kasten- Wisconsin is proposing to reinvigorate Nunn gives him a chance to avoid the OIRA through the Paperwork Reduc- label of "reregulation President." THE WHITE HOUSE WASHINGTON Date: June 19, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI ITIIIIO livuov chief of staff defends trips Sununu also hits critics of Bush's domestic policy By DAVID YEPSEN Register Steff Wrtter White House chief of staff John the Bush administration really do like Sununu defended President Bush's to spend time with folks who make up domestic agenda and his own travel the heart and soul of this nation, to in an Iowa speech Tuesday night. see you and discuss issues." "Some, who have difficulty coping We'd rather listen to you than with reality, suggest that the presi- self-styled experts in Washington, dent has no domestic agenda" to D.C., and you can't get here without solve problems in the country, Sunu- traveling. I know that's a very com- Bu told a $50-a-plate Iowa Republi- plicated concept for some, but I'm can Party fund-raising event. convinced they' 11 be able to cope with "It's an agenda that is broad, deep lt." and complete," Sununu said. Randy Enwright, the executive di- Sununu said administration critics rector of the Iowa Republican Party, overlook clean-air and child-care leg- said the Iowa party paid $2,000 to islation, the Americans with Disabili- Kirke Van Orsdel Inc., a Des Moines ties Act and legislation to repair high- insurance brokerage company, to use ways, air transportation facilities the company's jet to fly Sununu and and build housing as part of the do- his assistant to Iowa. mestic agenda. Sununu made the comments during Sununu defends his use of corpo- low-key speech to a crowd of about rate jets as essential to his job that be 1,500 attending the Iowa Republican remain in close touch with the White Party's Abe Lincoln Dinner at the Des House. Critics say It is Improper to Moines Convention Center accept such gifts from corporations, He used the occasion to tout the na but state GOP officials say the reim- tion's victory in the Persian Gulf bursement keeps the flight from War. being an unacceptable or illegal cor- "It had a tremendous dividend here porate contribution. at home," be said. "It reinvigorated Gov. Terry Branstad, a Republi- the patriotic sense of this country and can, used Sununu's visit to press the reawakened all those feelings that for top aide for a presidential disaster all too long had been suppressed and declaration to help Iowa counties suf- reinstilled in all of us an understand- fering from flooding. ing of America's responsibilities "He didn't give me an answer and I around the MAN didn't expect an answer but I wanted world. to deliver it personally," Branstad S u n 00 u said. "He was quite supportive." brushed aside as criticism sur rounding his use of mill- Still tary and cor porate jets for his travels "It is nice to get cout of Washington and see real people in hometown is nice to America," he told the Re- get out of publicans Washington There are and see real some folks people in who keep ask hometown ing why have, America. to travel. The fact is the John Senune president and THE WHITE HOUSE WASHINGTON Date: June 19, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XX X FYI WOW! Service f Mead Data Central, Inc. PAGE 2 1ST STORY of Level 1 printed in FULL format. Copyright (c) 1991 Newsday, Inc.; Newsday June 16, 1991, Sunday, NASSAU AND SUFFOLK EDITION SECTION: CURRENTS; NEWSDAY COVER EDITORIAL; Pg. 31 Other Edition: City Pg. 27 LENGTH: 1438 words HEADLINE: In Your Face KEYWORD: EDITORIAL; COVER; MARIO CUOMO; VETO; BILL; LEGISLATURE; BUDGET; NEW YORK STATE; DEFICIT; BEHAVIOR BODY: UNDERSTAND one thing From the very beginning: With Mario Cuomo, there is always a design. The governor's decision last week to veto almost $ 1 billion in spending approved by the State Legislature might seem bizarre, might seem arbitrary, might have left the localities and school districts in fiscal chaos, but it was not capricious. Cuomo wanted to create the image of the politician above the fray, courageously vetoing legislative overspending. But his action was neither as courageous as he would portray it nor as necessary as he would have us believe. For all the angst, he has failed to address long-term, structural problems facing the city and state. And, as never before, his actions reveal the ultimate, grotesque manifestation of his style: the willful, contentious, suspicious, self-righteous, shortsighted way of governing that has come to characterize Cuomo as a leader. More and more, this side of Cuomo is emerging from behind his smoke screen of soaring rhetoric and lofty idealism. Anybody who has seen him play basketball will recognize what he has been doing in Albany this year. This is "in-your-face" governing, a shoving, pushing, bullying attempt to dominate. "He's a total animal on the basketball court," says a crony. Now the rest of us understand, too. The misfortune, of course, 15 that this persona is far from that of the Queens lawyer and law professor who first entered public life more than two decades ago. Then, Cuomo was the Grand Conciliator, the private citizen who brought warring factions together through reason and compromise, first in Corona and then in Forest Hills. He emerged as a philosopher-king, a man of intellect, principle and reason, a unifier who years later as governor would speak so eloquently of family, community and values. Where have you gone, Mario Cuomo? He's Far Above the Fray Now, he is ripping apart the political civility that must bind together any democratic system. He is pitting one group against another and turning what was inevitably going to be a painful process caused by a frightening $ 6-billion budget shortfall into a wrenching ordeal. While legislative leaders floundered, trying to agree on a budget weeks overdue, Cuomo held himself above the fray, disdainful of their motives, smug in the rightness of his proposals, imperious in his rejection of their work. Services of Mead Data Central, Inc. PAGE 3 (c) 1991 Newsday, June 16, 1991 Even more discouraging, Cuomo has thus far been unwilling to pursue the real solution: a twoor three-year plan that would deal with both the state's and New York City's long-term fiscal needs. But that would have meant a high-wire political risk. Rather, Cuomo opted to play for the short term. There has been little or no attempt to bring city officials and labor leaders together and deal with the city's crushing fiscal problems as part of the state's - as, in reality, they are. There has been little or no attempt to deal with structural waste in state staffing and spending or to find a twoor three-year revenue source - like the personal income tax - to bridge the crisis. Cuomo's approach is ad hoc, a slice at a time. And it falls short. Only Two on Hand for Three-Way Talks Make no mistake: There are no heroes here. Neither Senate Majority Leader Ralph Marino (R-Muttontown) nor Assembly Speaker Mel Miller (D-Brooklyn) deserve any praise for the way this has played out. They larded the budget Cuomo presented to them, rewarding the pressure groups that have traditionally supported their parties. But Cuomo did not attempt to hammer out a budget agreement in Albany's traditional closed-door, three-way negotiations. Both Miller and Marino say the governor never really got into the ring. Instead, Cuomo chose to grandstand, to play out the process confrontationally and publicly. Why? With Cuomo there are never easy answers. He is as enigmatic as he is brillant, one minute challenging, the next conciliatory. Nonetheless, we venture a few thoughts: The budget deficit was so deep this year that Cuomo had to reject business as usual. This is, of course, what Cuomo and his top staff argue. Never before has the state faced such a gaping budget deficit - nearly one-fifth of the general purpose budget! In years past, compromise with the Legislature was reached by cutting from growth, not cutting from the base. Usually, new money was found to paper over differences. The Republicans, especially those on Long Island, would support aid for the cities in exchange for additional school aid. This year, there was no growth from which to cut, and Cuomo said it was unconscionable to send hundreds of millions in additional school-aid dollars to "wealthy" Long Island school districts when the Legislature was cutting state programs for society's most defenseless and for public safety. The Legislature gave him a budget almost $ 1 billion out of whack. What was he to do? This is all part of a presidential campaign strategy to move rightward. What could be more effective for Cuomo, whose greatest liability as a national figure is his reputation as a spend-and-tax liberal, than to stand up to a free-spending Legislature like a fiscal conservative? He is positioning himself as the political outsider, fighting the special interests and greedy legislators. Just re-elected, he's obviously not trying to impress New Yorkers. And he is about to embark on a national speaking tour. His adamant, uncompromising opposition to an increase in the personal income tax, even a temporary surcharge, fits into the presidential politics explanation. The income tax is the fairest, most equitable way of taxing, especially when compared to the regressive gas tax he proposed or the even more regressive petroleum business tax the Legislature ultimately chose. Republican legislators say that if Cuomo had supported Miller's tax surcharge proposal, Services of Mead Data Central, Inc. PAGE 4 (c) 1991 Newsday, June 16, 1991 Marino would have eventually gone along. But Cuomo took the income tax off the table at the beginning, saying it would be disastrous for New York's economy. This plays well in Washington and even nationally. There are Democrats who are waiting for Cuomo to suddenly appear on his white horse and save the party. They will see what they want to see. But his penchant for confrontation and extreme sensitivity to criticism - both evident in this budget battle - leave doubts about the type of campaign he would run and how he would perform as president. Cuomo is in one of his dark moods. This view says that the governor, angry and frustrated, is allowing the least attractive aspects of his personality to come to the fore. He won re-election by a disappointing margin against incompetent opposition, is faced with an unprecedented budget crisis and is just sick and tired of dealing with the inflated egos and inferior intellects of the Legislature. He wears his contempt for lawmakers and their parochial concerns on his sleeve, rubbing their noses in what the considers their pusillanimity and implying his moral superiority. After eight years in Albany he has no more patience the never had much) to WOO and wheedle legislators, to construct the maze of carrots and sticks necessary to make the system work. His contempt for the Legislature has overwhelmed his better instincts, especially after the Legislature cut his state programs to fund their local concerns. Who are they to tell him how to save the state's finances? We have gone from watching a brooding Hamlet on the Hudson to a display of hubris on the Hudson - a flawed conviction that only he knows the answers and can bring the state to salvation. What's the answer? Probably some of each. The problems are unprecedented and the legislative leaders blindly parochial. But Cuomo's mood and possible national ambitions can't be discounted. He is infuriated by accusations of political motivation and says he resents analysis of his motives. Look at the result, he says. The budget is balanced. But, of course, that is not enough. The cost in terms of fiscal chaos and loss of basic civility has been very high, too high. And the need for longer-term reform has been ignored. This budget crisis 15 not over, and the bitter political residue will only make it more difficult to find solutions in the future. Maybe WE expect too much from Mario Cuomo. Maybe it is unfair to hold him to the high standards of his own rhetoric and the promise of his intelligence and desire to do good. Maybe, we should realize his potential is a mirage and accept his flaws as the reality. It's a little bit late in the game for naivete. For now, we can only rephrase the question: Where have you gone, Mario Cuomo - and where are you going? GRAPHIC: 1) UPI Cover Photo-(Mario Cuomo playing basketball). Photos-2) (Mario Cuomo in a baseball uniform). 3) (Mario Cuomo playing baseball). THE WHITE HOUSE WASHINGTON June 18, 1991 MEMORANDUM FOR GOVERNOR SUNUNU ROGER PORTER DICK DARMAN FROM: ED ROGERS SUBJECT: NRC/CREDIT INFORMATION This group is in town for their annual meeting. I think the attached makes some pretty good points. FYI. NRC NATIONAL REALTY COMMITTEE June 17, 1991 Real Estate's Roundtable 1250 Connecticut Ave., NW Suite 630 Washington, DC 20036 THE CREDIT CRISIS -- AN AGENDA FOR ACTION (202) 785-0808 Fax (202) 223-3857 Overview Over the past eighteen months a credit crisis of national proportions has developed and grown increasingly severe, particularly for real estate markets. (See attached charts.) Today's credit crisis is marked by unchecked declines in real estate values, illiquid real estate markets, mounting stress on the banking system, increased unemployment and an eroding state and local property tax base. This crisis now requires a nationally coordinated initiative -- much like that utilized to attack the LDC debt crisis in the early 1980's. The goal should be to foster an orderly transition period during which the economy, the banking system and the real estate marketplace can move to a new equilibrium -- characterized by disciplined lending, sensible borrowing, rational tax policy, and a healthy and sound marketplace. To achieve this goal an appropriate level of credit and capital must be available to finance existing real estate activity. Today's Main Problem Banks currently hold about $400 billion of commercial real estate mortgages, a substantial portion of which is maturing over the next 24 months. A combination of regulatory, financial, market and psychological forces is driving banks to substantially reduce the amount of these loans in their portfolios. Consequently, many banks often refuse to extend, or "roll over," these loans as they become due, and instead, require immediate repayment. There is a limit to the capacity and willingness of other financial intermediaries such as insurance companies and pension funds to provide the needed replacement capital. For example, during its peak year of 1986, the life insurance industry provided only $21 billion in new real estate loans, less than 6 percent of the total commercial real estate loan portfolio presently held by banks. Compounding the issue created by the $400 billion of bank loans, about $75 billion in additional real estate loans made by the life insurance companies are coming due over the next two years. As a consequence, unless changes are put in place, a further withdrawal of capital from real estate markets will take place exactly at a time when such capital is most needed. This will lead to a further downward pressure on values, increased property ownership by lenders and the federal government, additional weakness in the banking system and continued sluggishness in the nation's economy. A Transition Plan Regulatory Balance Sensible transition mechanisms must be adopted that balance the need for a safe and sound banking system with the need for legitimate credit flows to the economy. In addition, there still remains no clear understanding regarding standards that bank examiners should be applying across the country. Any initiative must have as its goal the renewal of good loans to provide liquidity and breathing room for borrowers and lenders alike, and should address the following issues: A phase-in of the new bank capital standards. Consideration should be given to extending the full implementation of the Bank for International Settlements (BIS) capital requirements beyond December 31, 1992. (For example, Japan has extended full implementation of these standards until December 31, 1993 due to its real estate problems.) Current pressure on U.S. banks to meet these higher capital standards encourages banks to shrink their balance sheets by not renewing real estate and other credits. A review of the classification standards for performing real estate loans. Overly stringent loan classification standards discourage renewals of real estate loans -- even performing loans with historically low default risk. Criteria for classifying real estate loans should be reviewed to ensure higher classification levels for loans where the performance experience indicates little risk of default. This would be consistent with the recent agreement by bank regulators to upgrade by two categories the classification of performing bank credits to foreign entities. A revision of the "insubstance foreclosure" rules as they apply to real estate. Current rules classify all loans in which the borrower has no equity -- based on unrealistic appraisals made in a dysfunctional marketplace -- as "insubstance foreclosure." This impairs bank capital and distorts the true risk associated with a lender's portfolio. Although these rules were designed specifically for rusting oil rigs in the mid-1980's, not real estate, they nevertheless are being applied today across-the-board. If these rules' application to real estate is to continue, they should be reviewed and revised with that purpose in mind. A liquidity facility may be needed and appropriate. The requirements for refinancing the nation's real estate are increasing just as the industry is characterized by unprecedented illiquidity. A liquidity facility to meet these refinancing requirements may be necessary to restore the health and soundness of the banking and real estate industries as well as the economy. For example, some have suggested that the Federal Reserve should use its discount window to buy high- quality commercial loans from healthy banks. Others have suggested that a secondary market for banks' commercial real estate loans should be facilitated. These, and other options, should be explored immediately. The appraisal of real estate on a liquidation basis must be halted. Appraisals should reflect long-term earnings capacity. A clear and direct statement is necessary to ensure that real estate is assessed on the income-producing capacity of the properties over time. Existing guidance that offers this appraisal technique as an option is being largely ignored in the field notwithstanding encouragement from Washington to incorporate these techniques. Realistic appraisals will, as an added benefit, mitigate some of the pressures that are forcing banks into insolvency and depleting the FDIC's insurance pool. Prudent loan renewals must be encouraged. Policies and regulations must be adopted urging that banks renew or extend loans backed by existing income- producing real estate in accordance with current underwriting standards. These initiatives must include a revision of supervisory agreements (i.e., letters of commitment, memoranda of understanding, cease and desist orders) between bank directors and regulatory agencies that effectively mandate banks to rapidly reduce real estate loan concentrations. At a minimum this language should be changed to provide the banks a reasonable period in which to reduce the criticized loans "over time." Policymakers must focus on meaningful initiatives to address today's crisis. While the establishment of national lending criteria may be helpful for the banking industry and appropriate at some point, it is not relevant to today's problem, and in fact is counterproductive to the extent that it diverts attention and energy away from dealing with the crisis at hand. Tax Policy Finally, it is critical that rational tax policy be applied to real estate. The stability of the real estate industry has suffered during the past decade from tax rules that in 1981 overstimulated investment in real estate, and in 1986 overreacted to those earlier rules, artificially eroding real estate values. A long-term, rational tax agenda for real estate is needed and at a minimum should include: Modifications to the passive loss tax rules. The current passive loss rules create a tax liability that exacerbates the deterioration of real estate values by misstating the true economics of owning and operating real estate. Modifications should be made to ensure that the passive loss rules are applied to the real estate industry the same way that they are applied to other businesses. A reduction in the capital gains tax. A lower capital gains tax would be an important step in reducing U.S. capital costs and promoting investment. Importantly, for real estate it would lessen the need for debt financing, help attract needed capital, ameliorate the taxation of inflationary gains that exists currently and help to stabilize real estate property values. Tax rules that do not unnecessarily penalize real estate restructuring or workouts. Given today's troubled real estate markets, the prospect that debt may be restructured to provide revised payment terms or reduced total debt is increasingly a reality. In addition, the cancellation of debt resulting from a foreclosure, or a deed in lieu of foreclosure, is becoming a more common occurrence. The tax consequences associated with these transactions can lead to significant tax liability, many times leading borrowers to bankruptcy or insolvency. In particular, the option to reduce the tax basis in retained depreciable property as an alternative to debt forgiveness income, which was repealed in 1986, should be reinstated. Conclusion We have outlined several initiatives that would do much to alleviate the current crisis in real estate credit availability, and in turn strengthen the banking system and promote general economic health of the recovery. Clearly, the most important conclusion to draw from today's real estate environment is not that each of these specific initiatives need be adopted exactly as proposed, but that meaningful activity, whatever its form, must be undertaken, soon, to constructively address the crisis. Growth in credit for commercial and multifamily residential real estate has plummeted to a post-war low Rates of Growth in Credit for Multifamily and Commercial Real Estate Percent 20 15 10 5 0 1950 1960 1970 1980 1990 Source: Federal Reserve And even though overall credit growth remains fairly strong even in in the recession, credit for commercial and multifamily real estate has actually fallen in each of the last two quarters. Growth Rates for Total Credit and for Commercial and Multifamily Real Estate Credit Percent 12 Total credit 10 8 Commercial & multifam. real estate credit 6 4 2 0 -2 '89I 89II 89III 89IV '90I 90II 90III 90IV '91I Source: Federal Reserve Real estate's credit woes may be even worse than they first appear. Private lenders drained $42 billion* in credit from commercial and multifamily real estate at the start of 1991! It was only because the government-- mainly the RTC -- absorbed $34 billion in mortgages that the decline in credit to income-producing real estate was limited to $8 billion. Growth in Commercial and Multifamily Mortgages by Lender, First Quarter 1991 All lenders Government All private lenders Commercial banks Savings institutions Life insurance COS. Other lenders -60 -40 -20 0 20 40 Billions of dollars Source: Federal Reserve * Data on this page are at seasonally adjusted annual rates. Commercial banks and real estate have become increasingly interdependent, as banks have become the largest source of finance for commercial and multifamily real estate Percent of Commercial and Multifamily Real Estate Loans Outstanding by Kind of Lender Percent 100 Other lenders 80 Life insurance COS. 60 Savings institutions 40 20 Commercial banks 0 1970 1980 1990 Source: Federal Reserve And real estate loans have jumped from less than a quarter of all bank loans twenty years ago to 40 percent today. Banks Real Estate Loans as a Share of All Bank Loans Percent 50 40 30 20 10 0 1970 1980 1990 Source: Federal Reserve This growing interdependence could spell trouble for America's economy. Bank loans have shorter maturities than credit from other lenders. In 1990, for example, real estate borrowers repaid 17 percent of the amount they owed to banks, but less than six percent of their debt to savings institutions and insurance companies, and less than two percent to other lenders. Repayments on Commercial and Multifamily Real Estate Loans as a Percent of Total Amount Owed (Based on First Three Quarters of 1990) Commercial banks Savings institutions Life insurance COS Other lenders 0 5 10 15 20 Percent Source: Dept of Housing and Urban Development Often these relatively short term loans are not repaid but are, instead, refinanced. If refinancing for the billions of maturing real estate loans is not forthcoming, the banking system and the entire economy could face severe difficulties. THE WHITE HOUSE WASHINGTON Date: June 17, 1991 GOVERNOR SUNUNU FOR: FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI FROM GM JAMES D. JOHNSTON VICE PRESIDENT INDUSTRY-GOVERNMENT RELATIONS TO Ed Rogers 6/8/91 the White House Ed: Tunderstand there may be some mesumbraturing of our posetion on gasoline taxes as a resultaf some less than accurate media coverage of Bob Stempel's rewarks at our annual mealing - (I'm enclosing a copy; CAFE is mentined on page 12.) What we have consertently said is that if government decides to intervene, it should do so through unforcing mahet forces (e.g.a bread-based energy fee) and not through command and centrol propams (u.g. CAFE). of you have any prestions, phase give me Rejardo a cell. 1660 L STREET. N.W. SUITE 401 WASHINGTON. D.C. 20036 (202) 775-5090 (313) 556-4671 Jus GENERAL MOTORS BLDG. ROOM 13-137 DETROIT. MICHIGAN 48202 FINAL TEXT Remarks by ROBERT C. STEMPEL Chairman GENERAL MOTORS CORPORATION at the GENERAL MOTORS ANNUAL STOCKHOLDER MEETING Nashville, Tennessee May 24, 1991 0 Good morning, ladies and gentlemen! Welcome to the 83rd annual meeting of the General Motors Corporation. 0 The members of the Board of Directors, GM management and I all enjoyed the opportunity to visit with many of you this morning as you looked at some of the new product and information displays on the patio. 0 And welcome to Nashville -- the home of country music, the state capitol of Tennessee, the state that's the home of our newest General Motors team -- Saturn! - We're glad that so many of you could be with us today. A preliminary count indicates that attendance at this meeting is substantially higher than last year's meeting. - Over the years, several of our stockholders have asked us to move the annual meeting to different cities around the country. - By moving the meeting to Tennessee this year, we saw a special opportunity to let you -- the owners of General Motors -- see some of the exciting things that are happening at Saturn Corporation -- GM's newest subsidiary in Spring Hill. - In fact, about 50% of you are from Tennessee and the eight bordering states today. 0 We hope to finish our business at this meeting this morning, so that you will have time to tour the Saturn facility, see the special displays that have been set up there, and drive some of the outstanding GM cars and trucks that will be available at the plant for you. - It's another opportunity for you to get a better look at your company. -2- 0 In order to facilitate our business today, we have reduced some of the times allowed for questions and comments, targeting to finish before noon. - There's still plenty of time to cover the business scheduled to come before this meeting. - By the way -- if anyone would like to ask a question or make a comment, please contact an usher for assistance. 0 I hope all of you had a chance to see our new products on display this morning. The core business of General Motors is great cars and trucks! And we have quite a few -- more in 1991 and 1992 than any other manufacturer: - The new 1992 Cadillac Seville is the fourth generation of this outstanding car. The initial reaction -- as we showed this beautiful new Seville at auto shows around the country -- has been overwhelmingly favorable. It's aerodynamic, stylish, and, with its superior fuel economy and low emissions, bound to be a winner. It also features GM's new electronically controlled transmission. - We've got three new family-size cars: the Pontiac Bonneville, the Oldsmobile Eighty-Eight, and the Buick LeSabre -- latest in the Buick series of best-built domestic cars. - The full-size, comfortable Chevrolet Caprice sedan. - The Impact electric car. GM is the only corporation to announce firm plans to build an electric car. We have selected the Lansing Craft Centre -- former home of the Buick Reatta -- to be the assembly plant for this new vehicle -- based on the dedication and high skill level of the Lansing work force. -3- - The HX3 Hybrid vehicle combining the best of electric- and gasoline- powered vehicles to meet the future environmental standards. This is an experimental vehicle -- not yet scheduled for production. It indicates the depth of your company's commitment to the future of automotive transportation. - And, of course, the new Saturns, which you will have a chance to see -- and drive -- this afternoon on our plant tour and ride-and-drive program. 0 We are pleased that so many industry experts recognize the quality of GM's new models. Surveys rank the engines and transmissions, the "heart of the car," high for driveability, excellent fuel economy, low emissions and durability. - Our future product plans are based on continuous improvement to assure customer satisfaction. 0 Now, let me introduce the four other officers of the corporation who are seated on the stage today. - Immediately to my left is our general counsel, Harry Pearce. - To his left is our president, Lloyd Reuss. - Next to him is our executive vice president in charge of finance, Bob O'Connell. - And to his left, our secretary, Dave Collins. 0 The 17 nominees for the Board of Directors are with us today. Their pictures and biographies are set forth on pages two through six of the Proxy statement. -4- - Will the Board members please stand? 0 We are also pleased to have many of our GM retirees here today, and while I can't acknowledge all of you, let me introduce a retiree many of you know - our former chairman from 1974 to 1980 -- Mr. Thomas Murphy. 0 Now - as is our custom -- it is time to present a brief overview of your corporation. 0 As a company, General Motors is judged by the products it makes, and the return it delivers to its stockholders. - Many of our customers don't know about the tremendous engineering resources at GM. - They don't understand the complicated marketing, design, and facilities planning that go into developing every new vehicle. - And they don't comprehend the complex web of suppliers, component operations, and assembly plants required to produce a modern car or truck. 0 And that's as it should be. For the people who buy our cars and trucks, the end product is the important thing. - The men and women of General Motors are in the business of producing cars and trucks to satisfy customers. - And customer satisfaction is the yardstick by which we expect to be measured. - And customer satisfaction with GM products determines the return that GM can offer its stockholders. -5- 0 And all of us on the General Motors team are proud of the cars and trucks we manufacture. They're the highest-quality vehicles this corporation has ever produced -- automobiles that can compete with vehicles produced anywhere in the world. 0 Our extensive list of new products -- much larger than any other automaker's -- also represents a commitment to focus on our core business, cars and trucks and to stick with our aggressive new product introduction plan for the 1990s -- even in these difficult economic times. - We're not throttling back. - If anything, we're accelerating our plant changeovers, SO that we can get our exciting new products out to customers sooner than originally planned. 0 We're proceeding with those new vehicle introductions, even though the turbulent events of the last nine months have devastated auto sales for all the domestic manufacturers -- including General Motors. - During the first quarter of this year, sales for each of the Big Three were off by about 21%. - Many parts of GM performed well in 1990 and the first months of 1991, but our total performance was overwhelmed by declining sales in the North American automotive market. 0 We expect to see a gradual recovery in the U.S. economy begin later this year, but with the current industry volume at the lowest point since 1982, it will be some time before we get back to normal trend volume. -6- - Consumer confidence has started to improve, and that is a good sign. We hope it will soon be reflected in improved sales. But to date, consumers are still worried about their future. They're not sure about the outlook, and they're holding off on major purchases. 0 Consumers are glad the armed conflict in the Middle East has ended, and they are positive in their attitude about our country and president. GM supported the President's actions, and we were directly involved in the Persian Gulf conflict. 0 At sea, on the land, and in the air, technology developed by our Hughes Aircraft subsidiary played an important role in the success of American and allied troops in the Persian Gulf war. - Most of us were fascinated by what we saw on CNN -- missiles being dropped into specific targets -- like the back doors of enemy headquarters. - But missiles and technology were only part of the equation -- it was the skills and training of our Armed Forces, the men and women in the military theater, that made the difference. 0 More than 500 General Motors men and women saw active military duty during Operations Desert Shield and Desert Storm. - We commend those people and all the fine Americans who served the United States and helped free Kuwait. - The courage and dedication demonstrated by those military personnel have given us a new sense of pride. They are an example for all Americans today and for generations to come. -7- 0 We thought it would be appropriate, as we start this Memorial Day holiday, to pay special tribute to the military reservists of GM who served during the Persian Gulf conflict. 0 Representing all GM men and women who served in our Armed Forces, we have here with us today 33 of our employes who were called up during that time. - Will the military reservists of GM please stand, along with any stockholders who may have served in the Middle East, and be recognized? 0 These men and women represent all of our people who served with honor, responding in time of our country's need. - We are delighted our military people are returning and beginning to put their lives back together. We welcome them home with pride. 0 An economic recovery alone will not secure the return that you -- the owners of the business -- want and deserve. - That's why we have undertaken a comprehensive cost-cutting and cash- conservation program. - We've reduced executive compensation and lowered the dividend. We're working with suppliers to lower costs, and we are offering early retirement incentives to reduce the size of our salaried work force. 0 Such cost reduction efforts are necessary in a time when extraordinary demands are being made on our business. -8- 0 Further, a number of financing initiatives have been undertaken or are being contemplated to help meet the capital needs of the corporation. 0 It is important that GM continue to offer a wide variety of cars and trucks to serve the needs of our customers. And it is important that we update and upgrade those products frequently. - New products are the lifeblood of our business. - By offering these new vehicles with enhanced value and excitement, we plan to remain the leader in the toughest and most competitive automotive market that North America has ever seen. - We need to continue our aggressive future product program, and that will require capital spending, even during this downturn. 0 Now, even in the bleak business climate of the past several months, there are some successes that deserve special mention. 0 One is GM's continuing good results in Europe and other markets outside the U.S. and Canada. During 1990 and the first months of 1991, GM's international operations again posted an outstanding performance record. - With 1990 sales topping $30 billion, GM's international operations would have placed 11th on the Fortune 500 list of the largest U.S. industrial companies, if they were a separate company. That would have put GM international operations ahead of the entire Chrysler Corporation. - In profits, our international operations would have been outranked by only four U.S. companies. 0 We are also extremely pleased by the continuing success of EDS. -9- - Since GM acquired EDS in 1984, the data processing and computer services subsidiary has improved its revenues more than six-fold and continuously expanded its business. - EDS now has more than 62,000 employes worldwide and supports more than 7,000 customers in 28 countries. - For 1991, EDS will have more than half of its business with customers outside GM, an indication of its competitiveness. 0 Delco Hughes Electronics is a leader in automotive electronics, providing all of GM's electronic controls and selling to the worldwide automotive industry. 0 Our financial subsidiary, GMAC, is the largest consumer financing operation in the world. In 1990, GMAC posted its second best earnings ever. 0 Even with those successes, the greatest challenge for General Motors remains improving the profitability and market penetration of our North American automotive operations. - And our North American team -- led by our President Lloyd Reuss -- is continuing with strategic plans to make our operations leaner, to streamline our design and manufacturing processes to eliminate waste, and to seek out ways to bring our products to market faster. 0 While emphasizing GM's plans for new products and improved profitability, I also want to restate -- and re-emphasize -- our commitment to the environment and automotive safety. -10- - For more than three decades, General Motors has seen a clean and healthy environment as a top priority. - We take pride in our leadership role in reducing emissions from both vehicles and plants and in our work to minimize wastes and to dispose of those wastes in an environmentally sound manner. - And even in tough economic times, our commitment to safer driving and cleaner air and water continues to move forward. 0 In March of this year, the Board set forth the "General Motors Environmental Principles," as guidelines for business decisions and daily conduct of operations all over the corporation. - These GM principles trace their roots back to the 1950s and '60s when the Corporation first began to deal with these issues. - These principles are listed in the Public Interest Report. A copy is included in the packet you received today. - And I urge you to read this document, which gives more detailed information on many facets of GM's role in our nation and communities. 0 Many challenges lie ahead as GM meets its goals in environmental and safety areas. 0 We have said before, and I will say it again, "GM will meet the requirements of the new Clean Air Act, passed by Congress last year. - We do not yet have all the technology in hand to reduce automotive emissions to the levels required by this legislation. - Keep in mind, today's vehicles have very low emissions, and cutting the last small amount in half is difficult. -11- - But our research and development is proceeding at full throttle. - We have successful low-emission prototype vehicles being tested on the road now. - The challenge will be extending this new technology to workable, mass-produced vehicles. - The costs are very high, and the atmospheric benefits are marginal. But the act is law, and GM will comply. 0 In addition to reducing vehicular emissions, we're committed to removing CFCs -- chemicals that have been found to cause a breakdown in the stratospheric ozone layer -- from our products and our processes by the mid-1990s. - Unlike other global-warming gases, CFCs are man-made and can be replaced with less harmful substances. - Since CFCs have 10,000 times the impact of co₂ -- molecule for molecule -- this worldwide decision is a meaningful one for the atmosphere. - This means a major redesign of air conditioning for all our vehicles, as well as changes in many of our manufacturing processes. - This work is moving ahead on schedule. Many of the process changes are already under way, and the design of the new air-conditioning systems is on schedule. 0 We are also committed to continuously improving the fuel economy of our vehicles. - With every new car or truck we introduce, General Motors' goal is to make its fuel economy equal to or better than the vehicle it replaces. -12- - Since 1974, the fuel economy of GM's car fleet has improved by 125 percent. - Chevrolet sells the most fuel-efficient car available in the U.S. -- the Geo Metro XFi. On the highway it is rated at 58 mpg. - And in nine of 18 EPA categories for vehicles with automatic transmissions, GM offers the fuel-economy leader. - The full-size Buick Park Avenue gets better fuel economy than mid-size Japanese cars with a V6 engine. - Those who would label GM cars "gas guzzlers" don't know how to read a fuel gauge. - If you want a fuel-efficient car -- no matter what size -- buy GM! 0 However, we oppose legislation that would increase the Corporate Average Fuel Economy standard -- or CAFE. - We know such government-imposed mandates are ineffective because they work counter to market forces. - As long as gasoline prices remain low, there is little incentive for Americans to purchase more fuel-efficient vehicles. - If the government undertakes policies to conserve energy, we urge it to focus on harnessing market forces to reduce energy use. 0 In the area of safety, it our belief that it is not one thing - not one feature or technology that provides safety. It is everything -- the total safety system in your car. - "Safety isn't one thing, it's everything." That's a theme we're using in our advertising. -13- - That's why we've pioneered introduction of such crashworthy safety features as the energy-absorbing steering column and instrument panels, side-guard door beams, air bags, high-penetration-resistant windshields, and -- more recently - the self-aligning steering wheel. - Our biomedical science laboratory - the world's first -- is unique to the auto industry and is a world leader in helping us to better understand how the human body reacts to a crash and how best to prevent injury. 0 In response to growing customer acceptance, more and more GM vehicles are equipped with air bags to enhance occupant protection. - However, we continue to emphasize the safety belt, which is the primary system for occupant restraint in case of a crash. 0 When it comes to the safety of people in cars and trucks, the air bag is a supplemental device. It can offer additional protection in more severe frontal impacts. But even in vehicles equipped with air bags, safety belts must be worn. 0 Because we believe so strongly in the importance of safety-belt use, we are whole-heartedly supporting the National Highway Traffic Safety Administration's campaign, which started this week, to increase the number of Americans who wear their belts to 70% by 1992. - I hope that we will exceed that number as people realize that belts are necessary. - And I urge all of you to buckle up this holiday weekend and every time you travel by car or truck. It is the single most important thing you -14- can do to protect yourself and those who travel with you. 0 We also will continue to provide our customers with the best available crash-avoidance technology. - In fact, in most accident situations, the driver can avoid an actual crash! - That's why anti-lock brakes, devices that can help drivers stop in a shorter distance and avoid skids, will be available on virtually all domestically engineered GM passenger cars and light trucks by 1993, and by 1994 anti-lock will be an option on most products that GM sources from abroad. - Because anti-lock brakes prevent wheel "lock-up," the driver is better able to "steer clear" of an accident. - In both normal driving and panic situations, effective braking is critical to avoiding a crash. - ABS allows even the novice driver to brake like an expert! - Combined with GM's long-standing leadership in ride and handling, anti-lock brakes allow drivers to maintain excellent control in most driving situations. - GM believes that anti-lock brakes are one of the most significant advances in safety technology in decades. - That's why we're moving SO rapidly to install them in GM vehicles. - GM feels anti-lock brakes should be available on ALL cars, not just high-priced, luxury vehicles. - And we've developed a lower-cost anti-lock brake system -- called ABS VI -- to accomplish that. It will make this important safety feature available to buyers of lower-priced cars at a reasonable price. -15- 0 As I list only some of the challenges that GM faces in the next few years -- a continued aggressive program of new product introductions, reduced vehicle emissions, elimination of CFCs, improved fuel economy, and increased safety - it is obvious that the task before us is enormous. 0 And now that I am three-quarters through my first year as chairman, I would be remiss if I did not take the time to thank the men and women of General Motors for their tremendous effort to bring the corporation as far as we have come in tackling the competitive, financial, and regulatory challenges that face us. - Their efforts have made it possible for GM to achieve tremendous strides in quality and customer satisfaction. 0 I also want to thank GM suppliers and dealers for their part in helping GM maintain its world leadership in the automobile industry. 0 And thanks to the hundreds of stockholders who have written to me, supporting the difficult decisions we have made. 0 Thanks to the outstanding work force at GM, our outstanding suppliers and dealers, and our supportive stockholders, I am also confident that we can cope with the challenges that lie ahead. - GM is putting all its resources - human and technological to work on the tasks at hand. - We're proud of what GM people and technology have accomplished in the past. - And we have the skills and determination to take on the future. -16- 0 And with those skills and that determination, we know that we manufacture the best GM cars and trucks ever -- the finest automobiles in the world. - That's the plan for making GM competitive, and that's the plan for making your company successful and productive in the future. 0 Thank you. # # # 5194a/rna/rt THE WHITE HOUSE WASHINGTON DATE: June 17, 1991 TO: GOVERNOR SUNUNU FROM: ED ROGERS Is there anything we'd like to ask/add? Please advise. Thanks. CC: Andy Card 06/12/91 13:16 FAX 313 350 3023 MARKETSTRATEGIES < 002/004 Market Strategies 1000 Town Center Suite 1600 Southfield, MI 48075 (313) 350-3020 FAX (313) 350-3023 Frederick T. Steeper Principal MEMORANDUM TO: Ed Rogers FROM: Fred Steeper DATE: 12 June 1991 SUBJECT: Americans Talk Security As you may be aware, I have been conducting national surveys for Americans Talk Security (ATS). We are about to begin our 16th study, which will focus on the public's perceptions of and preferences for the new world order. Attached, you will find some examples of questions we asked in ATS #15, which was conducted in March. We are looking for additional questions to be included on a similar list in our current study. and we would like to include some items which reflect the Administration's point of view. If there are any specific questions or general sentiment you would like to test, please call me. We are very anxious to have your input for our study. 06/12/91 13:17 FAX 313 350 3023 MARKETSTRATEGIES < 003/004 Market Strategies, Inc. President Bush says that the war in the Persian Gulf is the beginning of a NEW WORLD ORDER -- new ways for the United States and other countries to behave. I am going to read you some ways of doing things that might be part of the New World Order, and I'd like you to tell me whether you strongly agree, agree, disagree, or strongly disagree? (Items randomized). Str. Smwt Smwt Str. DK/ Collapsed Agr. Agr. Dis. Dis. Ref. Agr. Dis. Q58. The United States should use its position to get other countries to join together to take action against world environmental problems 69% 23 3 3 1 93% 6 Q53B. (HALF SAMPLE B) There should be a general understanding among nations that any country threatening to use chemical or nuclear weapons must be stopped, even if that means the use of military force by the United States and other countries. 74% 18 4 3 1 92% 6 Q52. The United NATIONS should play a much bigger peacekeeping and diplomatic role than it did before the Gulf War. 58% 28 7 4 3 86% 11 Q53A. (HALF SAMPLE A) There should be a general understanding among nations that any invasion of one country by another must be stopped, even if that means the use of military force by the United States and other countries. 52% 32 8 5 3 84% 12 Q56. The United Nations should monitor and tax international arms sales with the money going to famine relief and humanitarian aid. 46% 37 8 6 4 83% 14 Q59. The United States should use its position to promote democracy in Eastern Europe, the Middle East and elsewhere in the world. 35% 44 12 6 3 78% 19 Master Questionnaire 38 06/12/91 13:17 FAX 313 350 3023 MARKETSTRATEGIES 1 004/004 Market Strategies, Inc. Str. Smwt Smwt Str. DK/ Collapsed Agr. Agr. Dis. Dis. Ref. Agr. Dis. Q60. The United States should use its position to force our trading partners in Europe and Asia, to open up their markets to American products 51% 26 15 7 2 76% 21 Q55. The use of force seldom solves problems. The United States and the United Nations should rely on economic sanctions, diplomatic pressure and judicial remedies in handling international threats. 27% 42 17 9 4 70% 26 Q57. The U.S. should use its aid, weapons and alliances to maintain a balance of power between hostile countries in the various parts of the world. 21% 41 21 11 5 62% 33 Q54A. (HALF SAMPLE A) The United States should take the LEAD military role where there are problems in the world requiring a military response, with the costs shared by a broad group of allies. 22% 35 23 15 5 57% 38 Q54B. (HALF SAMPLE B) The United States should take the LEAD military role where there are problems in the world requiring a military response. 13% 33 31 20 3 46% 51 Master Questionnaire 39 THE WHITE HOUSE WASHINGTON Date: June 17, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XX X FYI JUN-12-91 WED 16:34 P.02 June 11, 1991 The Honorable George Bush The President The White House Washington, D.C. 20500 Dear Mr. President: We understand that Chief Minister Mangosuthu G. Buthelezi, head of the multi-racial, two million member Inkatha Freedom Party, is scheduled to meet with you at the White House June 20. We urge you to receive the Chief Minister as publicly and as warmly as you have received other key political figures from South Africa. We believe that he merits a joint appearance with you in the Rose Garden, an honor accorded to other South African leaders. It is important that the United States Government show even-handedness and fairness in its approach to South Africa, in recognition of the fact that a peaceful and democratic political settlement depends upon the consent of and reconciliation among all major parties. It could be argued that Chief Minister Buthelezi deserves special recognition from you in that, singularly among major black leaders, he has stood consistently and firmly against violence, economic sanctions, and for a free-market economy. We believe that Inkatha Freedom Party's platform offers the best hope for a free and democratic society, and one which will expand wealth and opportunity for all South Africans. Sincerely, DWSellan Dumcan w. SellArs International Fresom Fon. Mike Michael Johns The Heritage Foundation JUN-12-91 WED 16:34 P.03 Ty L with Henry L. Walther United States Pefers committee Wm. P. Hon Wr. P. Hore S.T. Drokers AMERICAN SECURITY COdNOIL J.MinorRoberts American fortHigh Frantier Selesta Jan Lawan CelesteAnnhawson National Defense Council OCT Kelly ART KELLY Found. hower Deven CNP Action, INC. Less 60 Paszfor N.F.A.H. Steven J. Hildebrand Ronald W. Pearson Ronald W. Pearson American Defense Lobby. Public Advocate of the US I Gray Multiary Troy Mullimax conservative carers Foundation James a. Lolesuick Barl Upty BRADCORD PHILLIPS The Conservitive Caucer, INC. NOELLE M. McCORMICK AMERICAN CONSERVATIVE UNiON air June auadit ERiC LichT Cooditions for MatCal MARTIN counon Aneuca NAT. Counce THE WHITE HOUSE WASHINGTON Date: June 17, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI I assume you and the President have seen this THE WHITE HOUSE Office of the Press Secretary For Immediate Release May 21, 1991 The President today announced a series of President's Environment and Conservation Challenge Awards. The awards are designed to recognize outstanding individuals, organizations, or groups who make a substantial contribution to environmental quality. Leaders who find innovative ways to better manage our nation's resources, stimulate innovation, improve environmental education, and create working partnerships merit Presidential recognition. The President's Challenge Awards will not only recognize outstanding American citizens or programs, but also establish a data bank listing model programs for replication. The program objectives are to promote working partnerships, incorporate environmental thinking into business decision-making, create innovative approaches to environmental challenges, and develop an environmental and conservation ethic in our country. The Challenge Awards will be presented in four categories: 1) Quality Environmental Management, 2) Partnership, 3) Innovation, and 4) Education and Communication. A Selection Committee, consisting of leaders in environmental, conservation, business, academic, and professional fields, will judge the nominations. Applications for the award can be obtained from: President's Environment and Conservation Challenge Awards The White House Council on Environmental Quality 722 Jackson Place, NW Washington, DC 20503 (202) 395-1154 The awards program is open to all U.S. residents, organizations and groups. Applications are due by July 19, 1991. Winners will be announced this fall at a White House ceremony and at an awards symposium. -more- The following individuals comprise the Selection Committee for the President's Challenge Awards program: John H. Adams, Executive Director of the Natural Resources Defense Council, Inc., and an Adjunct Professor of Law at New York University in New York, NY. Frank A. Bennack, Jr., President and Chief Executive Officer of The Hearst Corporation in New York, NY. Michael R. Deland, Chairman of the Council on Environmental Quality, Executive Office of the President, in Washington, DC. Gilbert M. Grosvenor, President and Chairman of the Board of the National Geographic Society in Washington, DC. Dr. Bernadine Healy, Director of the National Institutes of Health, U.S. Department of Health and Human Services, in Bethesda, MD. Drew Lewis, Chairman and Chief Executive Officer of Union Pacific Corporation in Bethlehem, PA., and Chairman of The Business Roundtable in New York, NY. Dr. Joseph T. Ling, an internationally recognized expert in environmental management, and Chairman of the American Institute for Pollution Prevention in St. Paul, MN. Jack Lorenz, Executive Director of the Izaak Walton League of America in Arlington, VA. Dr. Thomas E. Lovejoy, Assistant Secretary for External Affairs at the Smithsonian Institute in Washington, DC. J. Michael McCloskey, Chairman of the Sierra Club in Washington, DC, and an Adjunct Professor of Public Policy at the University of Michigan. Senator Gaylord Nelson, former U.S. Senator from Wisconsin and Counselor of the Wilderness Society in Washington, DC. David Packard, founder of the Foundation for the Malcolm Baldrige National Quality Award and Chairman of the Hewlett Packard Company in Palo Alto, CA. Sumner Pingree, Chairman of the Board of the Chesapeake Bay Foundation in Annapolis, MD, and Vice President of the Global Environment Fund in Washington, DC. -more- Dr. Frank Press, President of the National Academy of Sciences in Washington, DC. David Rockefeller, Jr., Chairman of the Rockefeller Brothers Fund in New York, NY. Senator Robert T. Stafford, former U.S. Senator from Vermont and former chairman of the Senate Environmental and Public Works Committee, from Rutland, VT. Franklin A. Thomas, President of The Ford Foundation in New York, NY. Dr. Keith Thompson, President of the Philadelphia Academy of Natural Sciences in Philadelphia, PA. Russell E. Train, Chairman of the Board of Directors of the World Wildlife Fund in Washington, DC. Joanna D. Underwood, Founder and President of INFORM, Inc., in New York, NY. James W. Whittaker, first American to climb Mt. Everest and consultant, lecturer, and outwear designer and manufacturer in Port Townsend, WA. # # # THE WHITE HOUSE Office of the Press Secretary For Immediate Release May 21, 1991 PRESIDENT'S ENVIRONMENT AND CONSERVATION CHALLENGE AWARDS FACT SHEET The President's Environment and Conservation Challenge Awards are designed to recognize and encourage innovative solutions to environmental concerns. APPLICATION PROCESS: Nominations are open to all U.S. residents, organizations and groups, including businesses, non-profit organizations, educators, communicators and state and local government agencies. Candidates will submit applications to the Council on Environmental Quality through an open nomination process. Environmental, professional, business, education, and media organizations are encouraged to submit the names of suitable candidates. ANNOUNCEMENT: The President's Challenge Awards will be presented annually at a White House ceremony. In addition, an awards symposium will highlight the winning programs. Up to three awards will be presented in the following categories: 1) QUALITY ENVIRONMENTAL MANAGEMENT AWARDS: Emphasis will be placed on the incorporation of environmental thinking into sound management decisions and practices. 2) PARTNERSHIP AWARDS: Emphasis will be placed on innovative and successful coalition building efforts toward environmental quality enhancement. 3) INNOVATION AWARDS: Emphasis will be placed on innovative technology, programs, or processes that demonstrate unusual vision, creativity, or "environmental entrepreneurship". 4) EDUCATION and COMMUNICATIONS AWARDS: Emphasis will be placed on educational programs that contribute to the development of a conservation and environmental ethic. Presidential Citations will be given to a select group of finalists who demonstrate notable or unique achievements, but were not designated as award winners. This group of finalists will also participate in the awards symposium. -more- ORGANIZATION: A group of organizations known as the Awards Program Partners will contribute resources and expertise to the implementation and promotion of the President's Challenge Awards program. They include: * Council on Environmental Quality -- has overall responsibility for managing the awards program as part of the Executive Office of the President. * National Geographic Society -- a non-profit scientific and educational organization that supports exploration and research projects worldwide. * The Hearst Corporation -- a communications firm involved in publishing and broadcasting, and in the operation of the Good Housekeeping Institute. * The Business Roundtable -- an association of chief executive officers who examine public policy issues to reflect sound economic and social principles. * World Wildlife Fund -- a conservation organization working worldwide to preserve wildlife and nature, and promote wise and balanced use of natural resources. SELECTION PROCESS: The Awards Program Partners and a Selection Committee, consisting of leaders in environmental, conservation, business, academic, and professional fields, will judge the nominations. The U.S. Environmental Protection Agency and the Department of Justice will also be consulted on technical and legal issues. HOW TO APPLY: Application forms may be obtained from: President's Environment and Conservation Challenge Awards The White House Council on Environmental Quality 722 Jackson Place, NW Washington, DC, 20503 Phone: (202) 395-1154 Three copies of completed applications should be submitted by July 19, 1991. Winners will be notified in Fall 1991. Winners will work with the President's Commission on Environmental Quality to help replicate successful programs nationwide. # # # Federal Register / Vol. 56, No. 100 / Thursday, May 23, 1991 / Presidential Documents 23645 Presidential Documents Executive Order 12761 of May 21, 1991 Establishment of the President's Environment and Conserva- tion Challenge Awards By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish, in accordance with the goals and purposes of the National Environmental Policy Act of 1969, as amended (42 U.Ş.C. 4321 et seq.), the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.), and the National Environmental Education Act, Public Law 101-619, 104 Stat. 3325 (1990), an awards program to raise environmental awareness and to recognize outstanding achievements in the United States and in its territories in the areas of conservation and environmental protection by both the public and private sectors, it is hereby ordered as follows: Section 1. Establishment. The President's Environment and Conservation Challenge Awards program is established for the purposes of recognizing outstanding environmental achievements by U.S. citizens, enterprises, or pro- grams; providing an incentive for environmental accomplishment; promoting cooperative partnerships between diverse groups working together to achieve common environmental goals; and identifying successful environmental pro- grams that can be replicated. Sec. 2. Administration. (a) The Council on Environmental Quality, with the assistance of the President's Commission on Environmental Quality, shall organize, manage, and administer the awards program, including the develop- ment of selection criteria, the nomination of eligible individuals to receive the award, and the selection of award recipients. (b) Any expenses of the program shall be paid from funds available for the expenses of the Council on Environmental Quality. Sec. 3. Awards. (a) Up to three awards in each of the following four categories shall be made annually to eligible individuals, organizations, groups, or entities: (i) Quality Environmental Management Awards (incorporation of environ- mental concerns into management decisions and practices); (ii) Partnership Awards (successful coalition building efforts): (iii) Innovation Awards (innovative technology programs, products, or proc- esses): and (iv) Education and Communication Awards (education and information programs contributing to the development of an ethic fostering conservation and environmental protection). (b) Presidential citations shall be given to eligible program finalists who demonstrate notable or unique achievements, but who are not selected to receive awards. Sec. 4. Eligibility. Only residents of the United States and organizations, groups, or entities doing business in the United States are eligible to receive an award under this program. An award under this program shall be given only for achievements in the United States or its territories. Organizations, groups, or entities may be profit or nonprofit, public or private entities. 23646 Federal Register / Vol. 56, No. 100 / Thursday. May 23, 1991 / Presidential Documents Sec. 5. Information System. The Council on Environmental Quality shall establish and maintain a data bank with information about award nominees to catalogue and publicize model conservation or environmental protection programs which could be replicated. THE WHITE HOUSE, ay Bush May 21. 1991. [FR Doc. 91-12460 Filed 5-21-91: 4:34 pm| Billing code 3195-01-M THE WHITE HOUSE WASHINGTON Date: June 17, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XX FYI Interesting. The Wall Street Journal -- May 8, 1991 Riches to Rags: The California Budget Disaster By STEVEN A. MERKSAMER ways and mass transit were pushed to the ture began to inventory their options for pre-existing programs funded according to In a plummeting of economic fortunes limits. Health and welfare agencies saw responding to the growing fiscal emer- pre-existing formulas regardless of current rivaled only by Donald Trump, California massive increases in their caseloads, as gency. they ran headlong into the major need or priorities. has found itself facing a projected budget Californians, both existing and new, public policy mistake of the 1980s: the near These constraints, combined with the deficit of $13 billion, an amount larger than learned that California provided among the complete loss of fiscal flexibility caused by mandatory COLAS mentioned earlier, give the general-fund budgets of 47 of the 50 highest level of welfare benefits in the na- ballot-box budgeting. California a budgetary process in which states. tion, and covered a broad range of expen- Ballot-box budgeting took two major well over half of the revenues are precom- How could this happen to a state that sive medical services. Schools were faced forms. First, statutory or constitutional mitted. No one can captain a ship of state just four years earlier had rebated $1 bil- with vast numbers of new students and in- mandates protect programs from budget- through economic storms when the rudder lion in excess tax revenues to its citizens, creased educational needs. Public demand ary reductions. In 1988, for example, barely moves. Yet that is the task that and afterward still boasted of a $1.3 billion for stiffer prosecution of criminals resulted voters passed Proposition 98. which re- lies before Gov. Wilson and the California budget surplus and a triple-A bond rating? in a 250% increase in California's prison quires that a little more than 40% of each Legislature today. There is particular Like The Donald, California and other population between 1981 and 1990. year's state revenues be appropriated for irony in the fact that many of the initia- states have been seriously affected by the While the cost of public programs grew K-14 education, unless the proposition is tives to set up pet projects and special recession: however. in the past several sharply. the California economy was boom- suspended by two-thirds vote of the Legis- funds were led by these same legislators. years. California made fundamental mis- ing too. The economic boom. however, had lature (which the Legislature is not willing The California experience underscores takes in public policy that have turned eco- both good and bad aspects. It produced to do at this time 1. Thus, despite Califor- two major lessons for other states. First, nomic misfortune into a fiscal catastrophe. healthy public revenues, making it possible nia's current woes, the state still must put instead of accepting the number and scope By learning from California's mistakes, to keep pace with the growing expendi- about 40% of every existing budget dollar of government programs as a given and other states may avoid "the California ex. tures without massive tax increases. But it and every new dollar raised through new debating how to raise the revenue each perience." also allowed the Legislature to avoid set- taxes into education. This occurred despite year to fund them. governors and legisla- It is also important to emphasize what ting spending priorities and arriving at a the strong opposition and repeated public tors should start on the spending side of did not cause California's deficit. Some of consensus about the appropriate level for warnings of Mr. Deukmejian. (He was able the ledger and examine each program for ficials blame Proposition 13. the constitu- government services. Instead, the annual to blue-pencil out $5 billion to $6 billion in its continued viability in light of changing tional limitation on local property taxes budgeting process fell into a dangerous general-fund appropriations in his eight- priorities and needs. This is not an easy that passed in 1978. They claim that reve- pattern: Take existing government pro- year term. task, for it forces lawmakers to confront nue-starved local governments have be- grams as a base, increase them for case- Second, the budget contains numerous and reconcile their differing views of the come almost completely dependent on the load growth and then find the necessary "special funds" revenues generated by a role of government, what government state for financial support, and that the funding from year-to-year. Automatic cost- specific tax or fee that can be spent only should provide and what government's pri- state has finally cracked under the burden. of-living-adjustments (COLAs) were built for specific programs. During the 1970s orities should be. But where public policy The facts paint a different picture. Since into many of the most expensive health and 1980s, these proliferated as single-in- is concerned, the path of least resistance is 1978. local-source revenues have almost and welfare programs, which could be re- terest groups sought to fund pet projects rarely the correct one. doubled. largely because local govern- moved only with a politically impossible and insulate them from the regular budget- Tax increases have to be part of a ments have tapped a variety of new reve- two-thirds vote of the Legislature, as then- ing and appropriations process. Special short-term solution. But without fiscal flex- nue sources, ranging from utility user Gov. George Deukmejian found. funds, ranging from taxes on tobacco to ibility, raising taxes will ultimately make taxes to hotel occupancy taxes. In so doing, a time bomb was planted in hazardous waste fees, annually produce in the problem only worse. If Proposition 13 isn't to blame, what the state budget. When the recession hit in excess of $11 billion, none of which is cur- Second, lawmakers must resist efforts is? The failure of California's elected offi- the summer of 1990, the bomb went off. rently available to assist in saving high- to create and expand ballot-box budgeting cials to confront the need for spending pri- Tax collections fell dramatically, $138 mil- priority programs from fiscal disaster. The in their states. Being unable to transfer orities, thus creating a policy vacuum in lion below projected revenues in the first best example of such a special fund is the revenues from an obscure board or com- which single-issue interests were allowed quarter of the current fiscal year alone. state lottery, whose funds are constitution- mission to keep an emergency room open to set the state's spending priorities Unemployment and welfare caseloads shot ally allocated to K-14 education. is only slightly less frustrating than cap- through "ballot-box budgeting." up drastically, draining the treasury at a Not a dime of special fund money can taining the Titanic, seeing the iceberg. and While this was occurring. the state's faster rate. No longer could the structural be spent to assist in solving the devastat- finding that even the deck chairs are population boomed. The massive influx of imbalance in the budget be swept under ing effects of a severe winter freeze and a nailed down. new Californians created huge increases in the rug of economic growth. five-year drought on agriculture. Instead, Mr. Merksamer, a Sacramento based demands for public services. Streets. high- When Gov. Pete Wilson and the Legisla- all of these special funds are dedicated to attorney, was chief of staff to Gov. George Deukmejian from 1983 to 1987. THE WHITE HOUSE WASHINGTON Date: June 10, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI U.S. Department of Assistant Secretary 400 Seventh St., S.W. Transportation Washington, D.C. 20590 Office of the Secretary June 4, 1991 of Transportation MEMORANDUM FOR: The Honorable Edward Rogers Deputy Assistant to the President and Executive Assistant to the Chief of Staff The White House SUBJECT: Skinner Trip to North Dakota Governor Sununu called Secretary Skinner on Thursday last week regarding our upcoming trip to North Dakota. The Governor reported that he was hearing some complaints that we were possibly playing into Senator Kent Conrad's reelection effort. The Secretary put me on the phone at one point to explain how we were attempting to avoid being used in that respect. The Governor asked me to close the loop with Phil Gramm's folks at the Senatorial Committee. The purpose of this memo is to let you know that I did, in fact, talk to Paul Curcio, Political Services Director at the Committee and to report on our trip, its purpose and plans. For your information, the Secretary is visiting the University of North Dakota, Center for Aerospace Science. The Department of Transportation/Federal Aviation Administration has a long standing relationship with the Center. The school issued the invitation and is our host. In addition to touring school facilities, the Secretary will participate in an "open forum" to whom the school has invited a host of political, education, and transportation leaders. We are told that both Senators Burdick and Conrad, Congressman Dorgan and Governor Sinner are planning to attend. We have insisted that Republican leaders in the State be invited, as well. (Keep in mind that Burdick is Chairman of the Senate Environment and Public Works Committee - the committee we have to work with this year on the Highway Bill.) -2- We are insisting that the Secretary appear only with university officials and we will work to insure that any press availability he has is also limited. The Secretary's advance and travelling staff are fully sensitized to the concerns being expressed. We cannot disinvite elected federal officials from participating. We will, however, work to minimize joint appearances and avoid blatantly political activity. fale Galen J. Reser THE WHITE HOUSE WASHINGTON DATE: June 3, 1991 TO: GOVERNOR SUNUNU FROM: ED ROGERS The attached comes from a friend of Rock Schnabel's in California - who wishes to remain anonymous. FYI. Ed: Some random thoughts on the "California Scene": "Disarray continues and Wilson deficit reduction is way behind schedule. Team 100/California have definitely decided to orchestrate a takeover by installing (and paying for) an Executive Director and a Chief Financial Officer - all of this with Wilson's blessing. Norm Cummings of RNC was offered E.D. job, but turned it down yesterday. CRP Chairman, Jim Dignan has not been told all of these "facts of life" as yet, so it could get a little bloody. Dignan is being accused of the "arrogance of ignorance" (not a bad line) with all his talk of waging war on the Governor's office. Wilson and corporate California have had enough and seek castration. One of the final straws was the CRP scheduling a fundraiser with Jack Kemp in L.A. the same night (May 30) as a Wilson dinner to occur 5 blocks away. Needless to say, Wilson's is a sell-out, while Kemp continues to keep them away in droves - at last count, the Party had raised $25 off the Kemp invitation. But Dignan's thumbing his nose at Wilson rankles. Despite evidence to the contrary, Dignan maintains that he was able to stop President Bush from coming to California for John Seymour on June 14. The Party obviously thought the President should be raising money for them in an off-election year and talked to everybody they could think of to get him (they did have a point). Seymour's camp says the President's health was the reason for the postponement till September. Whatever the real reasons, open warfare between CRP and Wilson/Seymour is more imminent daily." Wilson/Bush Re-Elect "Only news here seems to be that George Gorton (Wilson's campaign manager) feels he has a "lock" on managing the Bush Re-elect California effort. That is supposed to be his price for agreeing to do Wilson's political chores now that Dep. Chief of Staff Marty Wilson is leaving July 1 to join Spencer-Roberts. Actually it's Stu's daughter, Karen, and Marty who will open a Sacramento office to do lobbying and some campaigns. Whether the Gorton scenario has the White House's blessing is another matter." Team 100/Team California "Team 100 members are chafing at the bit to split from Team California. They resent having to be surrounded by people who only pay $25,000. Everyone knew that next year, when they have to come up with another $100,000 would be a natural time to separate "the men from the boys" but Bren, Murdock, and others want it to happen now. RNC gave it's approval this weekend, with the plan to make Team California purely a state activity." -1- U.S. Senate - Seymour Seat "Seymour continues to sputter. They've had no luck deciding on a campaign manager and people are getting nervous. He's raised only $300,000 since the first of the year - that's against his '91 budget of wanting to raise $5 million! Potential exists that as of close of filing June 30, Seymour may be behind Dannemeyer in dollars in the bank. Incredible. Dannemeyer is unable to put a professional team together, either. But his direct mail is having an impact. Also, evangelicals, right to lifers, and gun owners are starting to talk about dropping all other individual efforts for the purpose of defeating Seymour and embarrassing Wilson. They won't succeed in beating Seymour in the Primary, but could wound him severely for November. Meanwhile, Dianne Feinstein continues to placidly raise money and keep Demo opposition at bay. Only Gray Davis still looms as possible Primary challenge." U.S. Senate - Cranston Seat "George Shultz is putting all his effort behind Congressman Campbell. One funny story has Lod Cook agreeing with ARCO staff not to endorse any candidate, then caving in when telephoned by Shultz. Supposedly, Cook said they could use his name privately, but he wouldn't be able to help with the fundraising. Next day, the Wall Street Journal has a full page Campbell ad with Lod's name prominently displayed. Red-faced ARCO officials even called 3 Sununu to try and explain the mistake. Evidently, Sununu has been encouraging everyone to remain neutral and was using ARCO as an example. Bruce Herschensohn is not gelling this time it seems. His latest campaign plank is to abolish the Environmental Protection Agency. As you might imagine, that's not necessarily the hottest issue he could find here. Dornan just dropped 400,000 pieces of mail to test the waters. Dreier has Roger Ailes, Charlie Black, (and rumor has it, part- time girlfriend Doro Bush) encouraging his entry into the race. I think the odds are less than 50/50 that David will actually get in. As to the Democrats - Mel Levine may have raised 4 million by June 30, which would be intimidating indeed. Matsui is benefitting from Asian contributors throughout the country, and will have at least 1.6 to 2 million. Jerry Brown and Leo McCarthy may be hurt by labor's decision not to get involved in the Primary. Barbara Boxer is having internal campaign staff problems." THE WHITE HOUSE WASHINGTON Date: June 3, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI AL SIMPSON WYOMING Whip Notice United States Senate OFFICE OF THE ASSISTANT MAJORITY LEADER WASHINGTON, DC 20510-7022 May 30, 1991 Dear Colleague: The Senate schedule for the week is as follows: Monday, June 3: The Senate will convene at 2 pm. There will be a period for morning business not to extend beyond 3:00. At 3:00, the Senate will begin consideration of S. 173, Telecommunications Equipment Research and Manufacturing Competition Act. There will be no roll call votes on Monday. Tuesday, June 4: The convening hour has not yet been announced. It is anticipated that consideration of S. 173 will continue until final disposition. Roll call votes can be expected as early as Tuesday morning. At 12:30, the Senate will recess until 2:15 to accommodate party policy lunches. Balance of the week: The Majority Leader has announced that the following constitutes a non-exclusive listing of legislation that may be considered by the Senate in June: S. 965, the Surface Transportation Efficiency Act; S. 250, the Motor Voter bill; S. 12, the Cable Television Consumer Protection Act; S. 596, the Federal Facilities Act; S. 341, the National Energy Security Act; S. 279, the CAFE bill, S. 618, the Crime bill; S. 2, the Education Improvement Act; S. 5, the Parental Leave legislation; and any available appropriations bill. The Majority Leader has advised Senators that from June 3 to June 28, roll call votes will be possible on Mondays after 5 pm. Roll call votes may occur on Tuesdays and Wednesdays until 7 pm. On Thurdays, the Senate may be in late, with evening roll call votes. Roll call votes may occur prior to 3 pm on Fridays. If you have questions, please call 4-2708. Al Simpson Assistant Republican Leader THE WHITE HOUSE WASHINGTON Date: June 3, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI MAY-31-91 FRI 15:08 KEENE SHIRLEY & HSSO 7036847642 P.02 Taxpayers Alliance Ballaut Of Communism MAY 30, 1991 Krown MEMORANDUM FROM: HOWARD PHILLIPS TAXPAYERS ALLIANCE AGAINST THE BAILOUT OF COMMUNISM SUBJECT: the beginning of the Iraq Mari President Bush has benefitted of Since from a unilateral ceasefire of critical comment on the part many conservatives. the absence of visible, focused opposition, the President has moved In incrementally and relentlessly to implement a policy of U.S. support for the Communist regimes on the Suviet Union and Red China. Without Communist strength in the Congress has virtually collapsed. coordinated grass roots opposition to these policies, For anti- example, on May 15, out of 43 Republican Senators, only 8 voted Mikhail against Gorbachev, the KGB, the Red Army, and the Communist Party President Bush's proposal for a $1.5 billion grain subsidy of to the Soviet Union. The Mikhail Gorbachev to the G-7 economic summit, an additional waiver of President has more in store for us: the possible invitation of the Jackson-Vanik Amendment for the USSR, extended MFN ctatus for Red China, Export-Import Bank credits and loan guarantees for the Soviet Union, associate membership in the World Bank and observer status in GATT for Moscow, a liberalized policy of technology transfers, invol- vement of Soviet military leaders in NATO strategy discussions, dismantlement of systems providing early warning against Soviet missile attacks, a 25 percent five-year reduction in U.S. military strength and even more. I am just back from a nine-day visit to Poland, Lithuania, Latvia, and Estonia. The unanimous plea of those with whom our 40-person group met was, "Do not rescue but Communist jailkeepers. Let the Soviet system collapse." Contrary to the popular wisdom, the money we send to Moscow does not go down the drain. It reinforces the authority of those who hold the levers of power. with a 32-to-1 official ruble-to dollar exchange rate, and with Soviet residents typically earning only a few hundred rubles per month, every $1.5 billion WE send to the Kremlin is the equivalent of $48 billion-plus of political and military leverage. MAY-31-91 FRT 15:09 KEENE SHIRI FY ?. 0880 7036817613 P.AZ In extending MFN to the Red Chinese, the Bush Administration is ignoring a clear reçord 02 alave-luber production and giving Beiling a multi-billion dollar trade advantage over American workers. It's time for those who disagree with these policies to take action. TO that end, I and organizing 3 Taxpayers Alliance Against the Bailout of Communism, and would be grateful for your participation, either organizationally or individually I encourage you to sign your name to the statement below and FAX it back to the Coalition Coordinator Greg Mueller at (703) 683-1703. If you or your organization wish to become a co-sponsor of the Coalition, a $250 check made payable to The Conservative Caucus, Inc. would be appreciated. Whether or not you can send a check, please sign in as an endorser of the statement. Intended Coalition activities include the following: (1) Participation in a 1PM Monday, June 3, news conference at the National Press Club, hosted by the U.S. Business and Indue. trial Council. (You are invited to attend and bring a prepared statement.) (2) A Tuesday, June 11, "Teach-In Against the Bailout of Communism," to be conducted in the hall of the Joseph Story Society at 107 Second Street, NE, in Washington, D.C. (You or a representative of your organization are encouraged to participate in the teach-in (3) Involvement of radio talk show hosts across America in debating the bailout of Communism issue (again, your willingness to participate in such programs is encouraged). (4) A campaign to influence the 1992 Democratic and Republican Party platforms to sppese any and all bailouts of Communism. Thank you very much for your consideration. Again, if you are able to become 1 co-sponsor of the Alliance, pleaco send your $250 check to my attention, care of The Conservative Caucus, 450 Maple Avenue East, Vienna, Virginia 22180. But, in any event, please become a co-signer df the following statement. Many thanks. MAY-31-91 FRI 15:10 KEENE SHIRLEY & ASSO 7036847642 P.04 Taxpayers Alliance Against Th Ballout Of Communism STATEMENT OF OPPOSITION TO MOST-FAVORED-NATION STATUS AND TECHNOLOGICAL AND ECONOMIC AID FOR THE SOVIET UNION AND COMMUNIST CHINA For many years Soviet dissidents joked that when the USSR finally collapsed, the United States would send in the tanks to restore the communist government. They were almost right. We are not sending in the tanks, but we are helping pay for them. American taxpayers' money is being used to prop up what's left of the regimes of Stalin for and Mao. Today Supported hy our hard-earned tax dollars, the communists work to crush the campaign liberty in Communist China and in the remainder of the Soviet Empire. From the Baltics to Beijing, brave freetions fighters are standing up in the likes of Gorbachev and Deng. but their efforts are undercut by 3 U.S. government that supports the wrong side. The people of Communist China have shown their willingness to stand in front of tanks, Soviet if to secure the freedom we take to: granted. Ab Andrei Sakharov noted, aid to the of necessary, Union without real reform "only serves to prop up 4 failed system and to delay the advent democracy." We are presented with a choice between the current rulers and those who will rule in the coming and the butchers of Tianamen Square, or we an side with those whose touchstones are the democracies -- between the oppressers and the oppressed. We can side with the Black Declaration Berets of Independence and the Bill of Rights. The debate over continued aid to contriumst governments takes many forms -- political, economic, and moral. But only one question really matters: Whose side are we on? I agree with the above Statement of Opposition and hereby support the efforts of the Taxpayers Alliance Against the Bailout of Communism Signed THE WHITE HOUSE WASHINGTON June 3, 1991 MEMORANDUM FOR GOVERNOR SUNUNU ROGER PORTER FROM: ED ROGERS SUBJECT: SPRUANCE COMPANY/SUPERFUND This is sad - if it's true. Although I'm sure this account is one- sided, Mr. Cox does make some pretty good points. I wish we could help. FYI. THE GILBERT SPRUANCE Manufacturers of GS Wood and Metal COMPANY Finishing Products Richmond and Tioga Streets Phone (215) 739-6172 Philadelphia, PA 19134 Fax No (215) 739-5624 May 22, 1991 The Honorable Jerome B. Simandle United States Magistrate Judge United States District Court District of New Jersey United States Court House Camden, NJ 08101 Dear Your Honor: Thank you for your kind letter of May 10, 1991, giving us at The Gilbert Spruance Company a 40 day extension to obtain new counsel in reference to the Helen Kramer Landfill, et al. I'm enclosing for you recent correspondence about Spruance's situation with reference to Superfund. For your information, we've spent over $300,000 in legal fees defending ourselves in Superfund since 1985 with nothing to show for it, except 3 complete file cabinets worth of papers, being added to weekly. The Superfund situation for Spruance is a "fiasco" and puts us on the verge of extinction. We've been in business since 1906. My grandfather and father ran our company for over 35 years, and we're being "bludgeoned" by a process which, in my opinion, violates due process, and is "ex post facto law". we're being told that how we disposed of waste up to 1978 was illegal and constitutes a violation 06 resources in our country. We had no idea that what we were doing was incorrect, our hauler had correct papers at the time, and now we're being told that what the hauler did was wrong, and because we used this hauler, we're guilty by association, and I repeat that this is not fair. If we were going to dump illegally, we certainly would not have kept records, and maintained a business relationship with our hauler, Marvin Jonas. For Marvin Jonas to implicate us, through Continued. spruance The Honorable Jerome B. Simandle Page 2 United States Magistrate Judge United States District Court May 22, 1991 testimony, when he was brought back from Costa Rica, under implied immunity for part 06 his sins smacks of "entrapment" and "reckless abuse" of the Superfund Law. I'm not a lawyer, but that's how I feel, and I'm tired to trying to decipher legalese language from lawyers at $150 to $200 per hour. Furthermore, liaison counsels, ask for a $20,000 ante to find out we owe $150, 000 for the sites in question, to clean up our "de minimus share". Our de minimus share has carried with it as much as $20 per gallon administrative costs for all participants on the "gravy train". This is ridiculous, we could have already paid our country $300, 000 toward clean-up of these sights, but for some reason justice doesn't want to work this way. For your information, I've been an active participant in Earth Day, and attended the very first one in 1970; yes, I was one of those people who felt then, and feels now that our environment must be protected. So why "manhandle" our small company with Superfund bureaucracy and red tape that inhibits our ability to run a smaller family owned industrial coatings company? For Helen Kramer defense I need new counsel, you say lafter my suggestion), but upon reflection why does Spruance need to spend any more legal fees? I've been running Spruance as "a debtor in possession" since April 1990, and just have not filed for a chapter yet. I6 a judgement is forthcoming against for something we feel is unjust, I will fight it without lawyers who tell us "what we can't do, who we can't do it with, and where they won't go" at $150 to $200 per hour. I've not reached the stage in my life where I'll "lie down" and let us become a victim of what I feel is "ex post facto law". As the late Senator Robert F. Kennedy said "anytime anyone stands up for an injustice, a ripple of hope goes throughout the entire world", I believe in that quote, and admire the intent and energy this quote signifies to me. Continued. The Honorable Jerome B. Simandle Page 3 United States Magistrate Judge United States District Court May 22, 1991 If Spruance loses, a set of keys can be made for you all to take over our company-entangled in "Superfund garbage", fighting a recession in its marketplace, and trying to make our environment, through our services and products, a better place for all concerned. You'll also note that in my copied correspondence, I'm suggesting a win-win method for all concerned as it relates to Superfund. We await your advice. Very Rovertment. truly yours, Robert M. Cox, Jr. President and CEO RMC, Jr/rs Enclosures cc: Kristin Phillips, Lautenberg Aid Gene Peters, Legislative Assistant Senator Bradley Senator Spector Governor Casey Representative Coughlin Representative Borski Honorable Edward Rogers, Deputy Ass't. to President Thomas Graves, Esq., National Paint & Coatings Assn. Roland Morris, Esquire Thomas Mullaney, Jr., Esquire Michael Delaurentis, Esquire THE GILBERT SPROANCE Manufacturers of Wood and Metal COMPANY Finishing Products Richmond and Tioga Streets Phone 12'5 739-6172 Philadelphia DA 19:34 Fax No 2.5 739-5624 September 27, 1990 Ms. Kristin Phillips Special Projects Assistant 717 Hart Senate office Building Washington, D.C. 20510 Dear Ms. Phillips: This is a letter from a paint executive, who has seen his company "whip sawed" and abused by the Superfund Juggernaut. We have been in business since 1906, employ 50-plus people, and are being "bled" by the Superfund process, that requires money, time, and an extreme amount of energy to stay abreast of the process. We are involved in seven Superfund sites, primarily due to our connection with Jonas, a hauler in the 60's and 70's, who took our wastes to various landfills in New Jersey. We felt we were doing the correct thing at the time, and we find ourselves "embroiled" in bureaucratic legal maneuvers who have extracted over $300, in legal fees, since 1986. We are manufacturers 06 industrial coatings, are in the midst 06 a home building recession which hurts our volume, and the ability for our customers to sell their furniture or kitchen cabinets. Compounding this concern, is the "plethra" 06 legal documents coming in daily involving Superfund. 06 the seven sites we've been involved in, we've settled one--Lipari Site for $180, 000, well over our deminimus contribution based upon allocation averages. Insurance picked up the $180,000, 000, then declined to contribute clean-up or defense costs in any other sites. They filed in Pennsylvania, we filed in New Jersey and lost. Since then, we've been "running naked" without any insurance coverage, and we're tiered with Texaco in the GEMS Superfund site for $150, 000 with the threat of treble damages. Again, well over the allocated deminimus average based upon our contribution 06 approximately .023%. we're now facing spruance FINISHES September 27, 1990 Page 2 3rd party suits as well, and settled one for $20,000 with others still pending. No bank will lend us any working capitol based upon the EPA liability hanging over us, and our inability to lower all of our costs to remain competitive. At meetings I've had with some of your assistants, they've requested us to pursue a creative financing approach to our Superfund problem. with lawyer fees, and no insurance back up, I took our story to the EPA in New York and spoke to Jim Rooney and his staff. Their suggestion after hearing our story was to try and settle this outside the liasion counsels, and not let our insurance company "o66 the hook". The amount of Spruance gallons involved in the seven sites in New Jersey, is approximately 200, 000 gallons. I6 from a deminimus point of view, the thought is charge based dollars per gallon, we would suggest a split two ways, 1/2 Spruance, 1/2 Insurance. We feel that $5.00 per gallon is a number which would put our Superfund liability at $1,000,000. Certainly a number that puts us out oó business without some help. If we agree to pay 1/2 at Spruance, we would suggest a note held by the State of New Jersey to be paid over a specified time period at an interest rate of 0%. Then we could pay over time out of our profits which we feel would be a "win-win" situation for everyone. we feel like Rhode Island during the First Constitutional Convention, trying to be heard, and trying to do the right thing in a pro-active manner. we've had little success other than the continual "bombardment" of lawyer correspondence, and U.S. correspondence from the EPA suing us for $1,200,00 as was noted in the Helen Kramer Superfund site. This is most distracting. Our company's sales in good years is approximately $5,000,000, and Superfund suits in the above mentioned magnitude, defeats the very purpose for trying to stay in business. we're asking for help here. We need your political influence to try and achieve a successful resolution to this September 27, 1990 Page 3 issue. We are being "whipsawed" by insurance carriers, lawyers, and we're getting punished unnecessarily by a process that was designed to clean up the environment, now putting our company on the edge of extinction. We are not able to totally focus on the fun part of running a business. we're standing up for an injustice here, and need some of your kind help and direction, to try and make this process a successful "win-win" situation for us at Spruance. We need to understand what our liability for Superfund is, how to creatively work with the government on this problem, and assess a de minimus cost. We need to stop paying excessive attorney bees, and being forced to pursue insurance carriers at our own expense. Please give us some help and direction. Very truly yours, Robert M. Cox, Jr. President and CEO RMC, Jr. /rs to achieve tast and efrective cleanup of our environment. cleanup bill. Users can include major corporations, small businesses, local governments, hospitals, nursing homes, schools, even individuals. And it does not matter who caused the harm or whether they did anything wrong. Superfund's retroactive liability provision makes parties pay for past actions based on today's standards. For example, al 422 sites almost 14,000 parties have been notified that they could be liable. In turn, many of them are identifying still others who contributed in some way to the presence of waste at each site. And since Superfund liability deals with past waste disposal, the record of users can go back 25, 30 or even 40 years and can number in the hundreds. The result? The focus on cleanup has been lost as private and public parties spend years in difficult but unavoidable negotiations and litigation, trying to work out agreements that would provide DANGER funds for cleanup. At some sites, more money has been spent resolving complex factual issues than on cleanup itself. This does a lot for lawyers and consultants, but very little for the environment. And of course, these costs are eventually passed on to all of us as NO.TRESPASSING consumers in higher prices for goods and services. Isn't it time to stop this wasteful process and get on with cleaning up our environment? HAZARDOUS SUBSTANCES PRESENT At AIG, we think so. There is little to be gained by arguing over waste disposal that happened long ago. America needs a system that will promote last and effective cleanup, reduce unnecessary legal fees, spread the cost of cleanup broadly, and encourage responsible waste management practices today! ALARMING LACK A PROPOSED SOLUTION: OF PROGRESS IN CLEANUP. THE NATIONAL ENVIRONMENTAL TRUST FUND. When Congress enacted the Federal Superfund program in 1980, the goal was to quickly clean up America's most dangerous To accomplish this, we have proposed creating a National hazardous waste sites. Congress and many others assumed there Environmental Trust Fund, similar to the National Highway Trust would be only a relatively few such sites and that cleanup costs Fund. Its resources would be used exclusively for cleaning up old would be limited. hazardous waste sites. Superfund's tough liability provisions would Now, after a decade of trying to make Superfund work, it's still apply for future pollution, as would all other state and federal clear these assumptions were wrong and that a quick fix was never environmental laws designed to promote responsible waste possible. What's wrong with Superfund and why has so little been management. accomplished? One way this fund could be financed would be by adding a The problem is twolold. First, the real scope of our nation's separate fee to commercial and industrial insurance premiums in hazardous waste situation is far greater than Congress anticipated. the United States. Even a modest assessment, say 2% of premiums With 1,200 priority sites already identified, growing numbers of and an equivalent amount for self-insureds, would provide about sites are being found in every state. The Environmental Protection $40 billion over the next decade-more than enough to clean up Agency expects that by the year 2000, there may be as many as the 1,200 highest-priority sites. Without endless time and money 2,000 priority sites. spent on legal debates about liability. With rapidly rising cleanup costs, which now average about A national advisory board consisting of private individuals, $25 million per site, the eventual price tag is staggering. According industry and public officials could be charged with overseeing the to a top government agency, cleaning up all of America's program. We also suggest giving consideration to establishing local hazardous waste sites could take from 30 to 60 years and cost up technical monitoring committees in each community. These to $500 billion! groups of local citizens, representatives of industry and others A second problem is Superfund's alarming lack of progress in would work with the Environmental Protection Agency and their cleanup. A decade and billions of dollars later, fewer than 60 out of own state on the particular cleanup site-from the very beginning the 1,200 sites have actually been cleaned up. of the cleanup effort. Why? One major reason is Superfund's liability system. It YOU CAN 11ELP. requires that cleanup be paid for by establishing liability-who sent We've waited long enough and spent enough money in the what waste, how much and where-and then negotiating or courtrooms. Now it's time for action. A cleaner America should be litigating with those believed to be responsible. While this sounds all Americans' shared goal and shared responsibility. good in theory, it hasn't worked in practice. Instead, the result has To express your views, or if you would like further information been delayed cleanup and enormous legal, consulting and other about AIG's proposed National Environmental Trust Fund, write costs unrelated to cleanup. to Mr. M.R. Greenberg, Chairman, American International Group, COMPOUNDING THE PROBLEMS Inc., 70 Pine Street, New York, NY 10270. INSTEAD OF SOLVING TIIEM. This is because working out who pays and how much for AIG World leaders in insurance cleanup is very difficult. Under Superfund, anyone who simply used or owned the site at any time could be liable for the entire and financial services. THE WHITE HOUSE WASHINGTON Date: May 30, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI CC: Chase Untermeyer 6 /Part I/May 3, 1991 VANGUARD Gov. Wilson Names First Gay Appointee by Keith Clark on April 5, must be con- Board." firmed by President Bush. "I have long been con- Without much fanfare, Such confirmations, howev- cerned with human rights Gov. Pete Wilson made his er, are nearly always rou- issues," Anchor said, "par- first appointment of an time: ticularly as they relate to the openly gay person in his During the interview pm- equitable treatment of all new administration earlier cess earlier this year, An- those who serve in the nat- this month by nominating chor had made it clear to ion's armed services, which Cliff Anchor to a post on the Selective Service officials in the past have perpetrated Sonoma County Selective that be is gay. very shoddy acts upon Service Standby Board. In a letter to Anchor, Wil- blacks, Hispanics, women. Anchor, 54, is a member of son wrote, your will- and currently gays and lesbi- the Republican Log Cabin ingness to serve will guaran- ans." Club of San Francisco and tee that your draft-eligible Selective Service Standby news contributor with the neighbors will receive fair Boards, in each county, do Bay Area Reporter. and equitable treatment.' not function unless activated A retired lieutenant colonel Replying to the Governor's by the President as part of and former special assistant nomination, Anchor wrote the military draft. Their to the commanding general back, "I am most bonored role, then, is evaluating of the California Army as an openly gay person to prospective draftees for National Guard Anchor's be nominated by you to the fitness for military service. nomination by the Governor Selective Service Standby THE WHITE HOUSE WASHINGTON May 30, 1991 MEMORANDUM FOR THE CHIEF OF STAFF FROM: ED ROGERS SUBJECT: TAUZIN MEETING This afternoon's meeting is to start conditioning the environment for Congressman Billy Tauzin to change parties: to encourage Tauzin to be a leader of the Boll Weevil Democrats - as he wants to be; and as a potential switcher, he'll be interested in how we're treating Buddy Roemer. Although I don't expect it to come up, attached please find some information on Ricky Bourg's TED device. REVISION OF THE SEA TURTLE CONSERVATION REGULATIONS The Department of Commerce, NOAA, NMFS is proposing to revise the 1987 Sea Turtle Conservation Regulations to require stricter conservation measures. This revision will be accomplished through two sets of amendments to the regulations; one focussing on strengthening enforcement and compliance, and the other on expanding the conservation requirements. Both sets of regulations will be published for public review and comment. Proposed Enforcement Amendments will be published in June. Proposed Conservation Amendments will be published in July. TESTING OF THE "BOURG DEVICE" Ricky Bourg's TED device was field evaluated on April 15, 1991 by a team of NMFS Gear Specialists and Enforcement personnel, and Coast Guard. Included were Ricky Bourg, Captain Duplantes, Terry Lyons (from Congressman Tauzin's office), John Watson and Wendy Taylor (NMFS gear specialists), Bob Stone and Tom Shuler (NMFS enforcement), and Chris Rodriquez (U. S. Coast Guard). The test. was conducted on Mr. Bourg's brother-in-law's vessel (CAPTAIN JAMIE) in 7-10 ft of water off Dulac, LA. The Bourg TED failed to operate correctly during three out of three test tows, The buoy failed to pop up despite attempts to trip it with buckets filled with salt. There appeared to be too much tension on the tripping mechanism. The NMFS gear specialists felt that the technical problems probably could be solved and Mr. Bourg was encouraged to continue to work on the device. Reports will be prepared by all test participants. The gear reports probably will conclude the device could be made to work, but unless hard evidence is provided showing that the TED works the certification trial planned for it in August 1991 should be cancelled. The enforcement reports most likely will strongly question whether or not the device can be enforced. Future Actions Mr. Bourg is refining the design of his device, with assistance from NMFS gear experts. In June, NMFS will be chartering a vessel to conduct by-catch research in the Gulf. NMFS has agreed to field test the Boury device at that time using divers to observe its performance. If the device can be shown to function as proposed by Mr. Bourg, NMFS will test it in August when certification triels are conducted for a variety of TEDs. The August test date is predicated on the availability of headstarted turtles from Galveston, which are used in testing. Assuming the Bourg device does work as proposed, the central question of enforceability will still need to be resolved. 200 HIOO 2:60 16/02/50 April 1990 Southeast Regional staff was first contacted by Mr. Bourg in late April 1990. Mr. Bourg furnished a rough nketch of his design and his concept was reviewed by gear specialists, our southeast Region Chief of Law Enforcement and Legal Counsel. May 1990 Southeast Regional Staff responded to Mr. Bourg to inform him that a review of his drawings showed that the device was not a legitimate alternative to a turtle excluder device (TED), primarily because of enforceability. June 1990 Congressman Tauzin contacted Bill Fritz, Congressional Affairs, to request testing of the Bourg Device as a possible TED. Tauzin provided drawings of the device. Tauzin's request was forwarded to NMFS. June 1990 Dr. Fox requested of Southeast Region a formal review of the Bourg Device based on drawings provided by Tauzin. June 1990 Dr. Fox wrote to Mr. Tauzin informing him that we would review the drawings provided and inform him of the results. July 1990 Dr. Fox wrote to Mr. Tauzin informing him that the Bourg Device was unenforceable as a TED, but that it might be able to detect large objects. Enforcement shortcomings were the principal drawback. September 1990 Mr. Tauzin meets with Dr. Knauss and Mr. Campbell to discuss testing/certification of Bourg Device. commitment to test by NOAA? Fall-Winter 1990 General hold on all TEDs-related certifications and regulations with planned meeting of the TEDs working group. It was originally planned that this group would review all proposed gear alternatives and advise NOAA. The actual role of the group was eventually much more restricted. March 1991 Mr. Tauzin's staff member exhibits Bourg Device at TEDs working group meeting. March 1991 Southeast Regional office and Center staff contacted Mr. Bourg to arrange at-sea testing and evaluation of his device. April 15, 1991 At-sea evaluation was conducted by NMPS gear specialists, a NMFS enforcement officer, and a U.S. Coast Guard Boarding officer. The device failed to operate (the bouy was not released) in three out of three tows. June 1991 NMFS has offered to evaluate the device again during by-catch research cruises. Based on the results of the evaluation, certification testing may take place in August 1991, when several TEDs wing he tasted. E00 OCIA 2:60 16/02/90 THE WHITE HOUSE WASHINGTON Date: May 20, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI Perhaps you and/or the President should do a "thank you" note to Augustine? MAY 17 '91 12:07 MMC WASH OPS (301) 897-6704 P.2 MARTIN MARIETTA CORPORATION 6801 ROCKLEDGE DRIVE BETHESDA, MARYLAND 80817 TELEPHONE (201) 867-0186 NORMAN R. AUGUSTINE May 16, 1991 CHAIRMAN AND CHIEF EXECUTIVE OFFICER The Honorable Timothy E. Wirth United States Senate Washington, DC 20510 Dear Senator Wirth: I am writing you to express Martin Marietta's strong support for extension of Fast Track Authority for trade negotiations. In our opinion, the successful conclusion to the Uruguay Round of trade negotiations and the pursuit of a North American Free Trade Agreement are in the best economic and security interests of the United States. I share the view that the vitality of our nation's economy is explicitly linked to our participation in the international market. In turn, our ability to maintain our nation's security is explicitly linked to the health of our nation's economy. The increasing competition in the international marketplace makes it imperative that we move forward as quickly as possible to conclude those treaties which will provide a more equitable international market for U.S. business, while at the same time expanding our trading opportunities throughout the world. Fast Track Authority is essential to ensure that such occurs. Sincerely, now Norman R. Augustine THE WHITE HOUSE WASHINGTON Date: May 10, 1991 FOR: SIG ROGICH FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI May 9, 1991 MEMORANDUM TO GOVERNOR JOHN SUNUNU INFO FROM SENATOR DANIEL K. INOUYE SUBJECT: PRESIDENT BUSH AND THE 50th ANNIVERSARY OF PEARL HARBOR SUMMARY Participation by President Bush in a program of activities commemorating the 50th anniversary of the Japanese attack on Pearl Harbor could serve both to give recognition to the sacrifices made by American men and women in the military and to initiate a new era of Japanese-American friendship and cooperation in world affairs. President Bush, as a hero of the Second World War and as the principal architect of the New World Order, could, in a bold and dramatic stroke, put to rest any lingering animosities from World War II and set the course for the United States in the Pacific for the next century. President Bush and Prime Minister Kaifu of Japan could meet on the deck of the U.S.S. MISSOURI, where Japan surrendered 45 years ago, and jointly commit their nations to a broad and inspiring statement of common objectives of peace, friendship, and economic development, to be known as the Pearl Harbor Declaration. BACKGROUND On December 7, 1991, the 50th anniversary of the Japanese attack on Pearl Harbor and other U.S. military installations in Hawaii will be marked by a series of commemorative ceremonies presently being organized by the Department of Interior and the Department of Defense, with the Commander in Chief, United States Pacific Command (CINCPAC) acting as the "Operating Agent" for the Department of Defense. Planning for a number of events has begun, with some plans well underway, while others are still in the preliminary stage. A significant issue which has come up in the planning is how best to minimize any friction with the citizens and Government of Japan, as well Japanese-Americans who would rightly be offended, if events were seen to have an anti-Japanese character. Some have suggested that the emissaries of the Japanese Government might be invited to wreath laying ceremonies aboard the Arizona Memorial. I do not share this point of view, because I regard the wreath laying ceremonies as a uniquely American event. These ceremonies, and the attendant memorial address are timed to coincide with the precise anniversary of the time of the actual attack and mark the loss of American lives in that tragedy. To my recollection (and I have participated in annual services each year since 1959), no foreign government has ever been invited to participate in these memorial services. Something, however, ought to be done to allow our Japanese allies an opportunity to express their remorse for the actions of the military dictatorship which seized control of Japan in the 1930s and also to our Government to indicate our readiness to renew and reinvigorate U.S. -Japan friendship. There follows what I hope will be useful suggestions to achieve these ends. I. On the morning of December 7, the U.S. Navy will sponsor a commemorative ceremony on the USS ARIZONA Memorial. Included in the ceremony will be wreath presentations by veterans groups and civic organizations affiliated with the military, a salute by a military honor guard, a "missing man" flyover of F-15 aircraft, and the silent passing of a U.S. Navy warship. I understand that the President has been invited to give the memorial address. As one who has participated frequently in these memorial observances, I strongly urge the President to accept the invitation. The quiet dignity of the ceremonies, the solemnity of the occasion, brings a swelling of national pride in the heart of each participant. The tribute paid by our active military forces to their fallen comrades moves all who witness these events to an appreciation of the courage and determination which allowed our country to rise from the flames and destruction of that morning in 1941 to become the most powerful and just military power on earth. But, I most respectfully submit, this occasion should be reserved to our people. Quite apart from the impracticality of attempting to assemble a large number of people on the USS ARIZONA Memorial, it is a memorial service wherein we honor our dead. In my judgement, it would not be fitting to share that solemn occasion with any others. II. As you may know, plans are underway to have the battleship USS MISSOURI participate in the commemorative ceremonies as her final mission before she is retired from the fleet. After the early morning ceremonies are concluded, and after a suitable interval during which the President can refresh himself, it might be possible to have a brief but extraordinarily significant ceremony on the deck of the USS MISSOURI. I personally believe it would be highly appropriate for the President to invite Prime Minister Kaifu of Japan to join him on the MISSOURI. This historic battleship was, as I am sure you know, the ship on which Japan signed the instruments of surrender at the conclusion of World War II. On the occasion of the 50th Anniversary of the onset of war between the United States and Japan, the USS MISSOURI could serve as the venue for a new signing ceremony; one which would mark, not the end of war, but the beginning of a new partnership between Japan and the United States -- a relationship of equals, dedicated to common endeavors in peace, friendship, and economic development. In his remarks, the President could note that, "Forty-five years ago, the senior representative of the United States Government and the senior representative of the Government of Japan met on this deck as victor and as vanquished. Today, as President, as the senior representative of the United States Government, I am pleased and honored to stand with Prime Minister Kaifu, the senior representative of our friend and ally, Japan, and to join with him in a common declaration of the renewed determination of our two peoples to work together for peace, friendship, and economic development. The declaration which we sign today, which shall be known as the "Pearl Harbor Declaration," marks the beginning of a new era in the relationship between our two countries. This will be an era of true partnership, a relationship of equals committed to a common endeavor for the betterment of all mankind." I believe that this declaration will have considerable appeal to the Government of Japan. Clearly, the Japanese would like to participate in the commemorative ceremonies. The event which I have sketched out would provide such an opportunity, with dignity and mutual respect, and would be in keeping with the desire of our people to work with Japan to secure a better future. I further believe that the significance of the Pearl Harbor Declaration would resound throughout Asia and the Pacific and provide the cornerstone for a new, multifaceted approach by the United States to our Pacific neighbors. III. Finally, because of the constraints on the number of people who could attend either the memorial services or the ceremonies on the USS MISSOURI, perhaps the President would consider making a few brief remarks at an outdoor location, such as the Aloha Stadium. The stadium is contiguous to the Pearl Harbor Navy Installation and would require little in the way of special transportation or security arrangements. It is large and can seat several thousand people. This would be a fine occasion for the President to recognize the contributions of the men and women of our military services who have gone into harms way to defend America. Elements of the 1st Marine Division from Kaneohe, among the first to deploy to Saudi Arabia and the first to be in combat at Khafji, would be joined by members of the 442 nd Regimental Combat Team, which was the most highly decorated unit in World War II. Hundreds, even thousands of active duty and retired military personnel -- veterans of the Gulf War, of Vietnam and Korea, and of World War II would fill the stadium and give the President a warm welcome. Indeed, the President may choose to make a major policy address before this, most friendly audience. I believe that these three events would receive broad coverage by U.S. and foreign television and print media. The President will be accorded an opportunity to speak and be seen on a stage of historic proportions. The Pearl Harbor commemorative ceremonies will be a most appropriate lead event in a worldwide series marking the 50th Anniversary of World War II. The participation of the President in the ceremonies at Pearl Harbor will be seen and will be remembered by millions of people. I stand ready to help the President make these events a fitting and proper memorial of our past and a grand celebration of our future. THE WHITE HOUSE WASHINGTON DATE: May 7, 1991 TO: GOVERNOR SUNUNU FROM: ED ROGERS FYI. 801 364 7644 SLC OLYMPIC BID 05/06/91 VIA SATELLITE Sports FRIDAY, MAY 3. 1991 Salt Lake City goes for the gold When bidding is held June 15 for the host city for the 1998 Winter Olympics, Salt Lake City, lightly regarded previous- ly. now figures to be the probable winner. "When Atlanta was awarded the '96 Summer Games. Salt Lake had very long odds for '98," says International Man- agement Group's Barry Frank, who represents the '92 and '94 Winter Olympics. "But Salt Lake has done a fantastic job of putting together a quality bid. There are only two other viable bidders - Nagoya, Japan. and Ostersund. Sweden. And Nagoya has environmental problems." Probable 2000 Summer Olympics site: Berlin. THE WHITE HOUSE WASHINGTON DATE: May 6, 1991 TO: GOVERNOR SUNUNU / BOBBIE KILBERG FROM: ED ROGERS FYI. MEMORANDUM DATE: MAY 3, 1991 TO: TOM BELL FROM: BILL SKLAR RE: NORTHERN TELECOM/MEXICO/EPA ANNOUNCEMENT -- "WHITE HOUSE" IDEAS On Monday morning (May 6) at 9am in the zenger Room of the National Press Club, the following will speak at a press conference to announce the donation of CFC elimination technology by Northern Telecom to the Mexican electronics industry: Northern Telecom: Dr. Margaret G. Kerr, VP Environment, Health and Safety Government of Mexico: Dr. Sergio Reyes-Lujan, Under Secretary of Ecology (SEDUE) U.S. EPA: Eileen Claussen, Director, Office of Atmospheric and Indoor Air Programs The technology transfer being announced is an important innovation in protecting the ozone layer and is an example of U.S./Mexico cooperation on environmental protection. This public/private partnership effort will assist Mexico in reaching its goal of eliminating the use of ozone-depleting substances on the same challenging schedule as industrialized nations. The White House might support the announcement in the following ways: 1. Complimentary reference by President Bush regarding the above announcement on Monday or Tuesday 2. President Bush photo opportunity at the White House 3. vice President Dan Quayle photo opportunity at the White House (or anchor the press conference) 4. EPA Administrator Reilly photo opportunity and/or anchor the press conference 5. Commerce Secretary Mosbacher photo opportunity and/or anchor the press conference 6. White House sets up press briefing for the group with the white House press corps (without the president) 7. President Bush cites the NT program in future speeches and letters to the Hill or other key audiences THE WHITE HOUSE WASHINGTON Date: May 6, 1991 FOR: GOVERNOR SUNUNU / ROGER PORTER FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI Federal Government Regulatory Overreach Impacting The U.S. Pulp and Paper Industry April 29, 1991 Red Cavaney, President American Paper Institute The EPA Administrator and the entire Agency face a daunting task in implementing the lengthening array of ever-more complex environmental laws. In the face of this challenge, however, it is ultimately counter-productive to the goal of long-term environmental protection for regulatory agencies to take important actions without following public rulemaking procedures, or to implement laws and policies in an unnecessarily crabbed and inflexible manner. We believe that EPA Administrator Reilly is committed in principle to the application of good science and to avoiding regulatory overreach and micro-management. His initiation of an EPA review of dioxin potency, in light of a series of new scientific developments, is but one recent example. The challenge ahead for the Administrator and the Bush Administration is to ensure that the principles expressed by the President and the Administrator are actively reflected in all of the Agency's major undertakings. Regrettably, this is not always the case; as exemplified in the following examples, key offices appear to have failed to conform their actions to Administration and Agency policy. 1. Unwarranted Expansion of "Wetlands" We share the Administration's vision for wetlands management, including support for the national "no overall net loss" goal. However, application of the 1989 Federal Wetlands Delineation Manual results in a gross and unreasoned expansion of "waters of the United States." Such mis-definition and mis-classification has nothing to do with the legitimate goal of managing wetlands, and everything to do with unwarranted federal intrusion into local land use issues and the prerogatives of landowners. In illustration of our concerns, several pulp, paper, forest products and timber companies have used the 1989 Federal Wetlands Delineation Manual to estimate the amount of wetlands acreage on various tracts of forest land. The results of these surveys are strikingly similar, indicating a tremendous and unwarranted expansion of "waters of the United States.' In the examples below, "wetlands" acreage has increased three-fold. These surveys were conducted primarily in the southeastern United States (South Carolina, Georgia, Florida), but evidence suggests these conclusions are also valid for other parts of the country. South Carolina Prior to the 1989 Manual, 31 percent of a 6,782 acre tract of pine flatwood forest was considered wetlands according to the Army Corps of Engineers interpretation of wetlands as swamps, bogs and marshes. These areas are true wetlands characterized by the presence of standing water or extended periods of soil saturation to the surface through early summer. After the Manual was published, 81 percent of the entire tract was considered wetlands because water is within 12 to 18 inches of the surface for 7 consecutive days during the growing season. Georgia 43 percent of a 33,500 acre forested tract, owned by another company in Georgia, was considered wetlands prior to publication of the Manual. After the Manual was released, 95 percent of the entire tract was considered to be jurisdictional wetlands even though no standing water or extended periods of saturation were present. These lands are functionally indistinguishable from upland forests and bear no resemblance to the swamps, bogs and marshes defined as wetlands in regulations. Two adjacent fields, one with trees and another with row crops, are subject to two vastly different tests for the presence of wetlands hydrology. Using a different hydrology test for forest crops (water below the surface) as opposed to agricultural row crops (water at the surface for 15 days) not only creates a lack of needed consistency for the same Federal regulatory program, but also brings into question the scientific and technical credibility behind the hydrology criteria in the federal wetlands Manual. Attached is a letter the industry sent to EPA March 6, 1991, outlining our concerns and recommendations for action. 2. Unjustified Expansion of "Navigable Waters" Both EPA and the Corps of Engineers continue to claim authority under the Clean Water Act to regulate non- navigable, isolated waters whose sole connection to interstate commerce is their use, or potential use, by - 2 - migratory birds or endangered species. Thus, EPA and the Corps would require permits to be obtained for various activities affecting these isolated waters, even if the "waters" consist of a few inches of ponded water accumulated during the rainy season. Under this broad claim of authority, millions of acres would be subject to federal regulation for the first time. Although it is extremely doubtful that Congress ever intended to extend federal jurisdiction under the Clean Water Act to reach "waters" whose sole connection to interstate commerce is visitation by wildlife, neither EPA nor the Corps has attempted to validate their purported jurisdiction through proper rulemaking proceedings. Instead, such jurisdictional claims have appeared only in internal memoranda and prefatory language, never subject to the scrutiny of public notice-and-comment rulemaking. Because neither EPA nor the Corps has subjected this expanded jurisdictional claim to rulemaking -- and subsequent final judicial review -- affected parties have been forced to bring lawsuits in individual instances where this jurisdiction has been asserted. 3. Rulemaking By Memorandum -- Clean Air Act "Top Down" Policy EPA's practice of using policy statements and internal memoranda as a means of establishing new legal requirements continues to harm the regulated community. In recent years, EPA has increasingly used these informal means to impose substantial new regulatory burdens on affected parties. This practice deprives affected parties of the due process protections inherent in the notice-and-comment rulemaking proceedings that the Agency is required to follow when establishing new regulatory requirements. Nowhere has EPA's "rulemaking by memorandum" been more evident than with EPA's implementation of the "top down" policy. Beginning in 1987, EPA has been attempting to significantly change the process by which applicants for Prevention of Significant Deterioration (PSD) permits demonstrate that a chosen emissions control technology represents the requisite "Best Available Control Technology (BACT) for that source. The Clean Air Act and EPA's own promulgated regulations provide state permitting agencies with a great measure of flexibility when making a BACT determination. Through a series of memoranda issued over the last four years, however, EPA has established a presumptive requirement that the most stringent technology must be applied when issuing a - 3 - PSD permit, unless shown by the permitee to be unfeasible (in practice, a nearly impossible burden). Although this requirement does not appear in any regulation or statute, EPA's regional offices have been instructed that a permit determination not based on this "top down" policy will be subject to enforcement action. Companies in several states, particularly states in EPA Regions 4, 5, and 6, have been adversely affected by this unpromulgated policy. Despite the fact that the Office of Management and Budget has determined that the "top down" policy is a rule, and has ordered EPA to cease implementation of the policy until it has been reviewed by OMB, EPA has not complied. Although EPA has now publicly committed to subjecting the "top down" policy to the scrutiny of notice-and-comment rulemaking, the Agency refuses to cease implementation of the policy until such time as it is promulgated as a legitimate rule. 4. Clean Air Act Implementation Issues Overestimated Chloroform Potency EPA's Air Office continues to use an outdated chloroform potency factor despite a series of new studies which have convinced other Federal agencies, as well as several other EPA offices, to revise the potency factor to incorporate the newest scientific findings. At a meeting early this year with industry leaders, Administrator Reilly committed to initiate a full agency review of the chloroform potency factor. However, Air Office staff claim to have not received notice of this commitment, nor has a line item for chloroform potency review appeared in the new EPA budget. The industry fears that without a review of chloroform's potency in light of the most current science, the Agency will mandate a series of costly, scientifically unjustified controls under the Maximum Achievable Control Technology (MACT) and residual risk provisions of the Clean Air Act. Hydrogen Sulfide Status The addition of hydrogen sulfide to the list of 189 pollutants regulated under Title III of the Clean Air Act Amendments of 1990, despite a last-minute Congressional Conference Committee agreement to delete it from the list of hazardous air pollutants, is a significant concern. There is some confusion involving the status of this deletion, since hydrogen sulfide appears to have been included in the version of the bill signed by the President. Hydrogen - 4 - sulfide's inadvertent listing will lead to the unnecessary and costly regulation of a pollutant already sufficiently regulated as a welfare pollutant under the existing Act, despite clear Congressional intent that it not be regulated as a hazardous air pollutant. MACT Development Needs Industry Input In implementing the Clean Air Act Amendments, the Agency is not committing the necessary resources to the development of MACT standards for the pulp and paper industry. Specifically, an EPA contractor has been charged with preparing a two-phase study of the pulp and paper industry as a prelude to MACT standard development, despite contractor unfamiliarity with the industry and oversight by low level EPA staff also unfamiliar with industry processes and equipment. Without the dedication of senior, technically qualified staff knowledgeable about the pulp and paper industry, as well as appropriate support from knowledgeable contractors, costly and unsound MACT regulations will be developed behind schedule, resulting in a significant waste of industry and Agency resources. EPA should establish a formal process for involving the industry during the formative stages of MACT standard development. Chilling Effects on Audit Practices A number of companies have instituted comprehensive environmental auditing programs to ensure protection of the public and employees and to improve manufacturing processes and, ultimately, products. During the Clean Air Act Amendments legislative process, our industry was active in pointing out that requirements under the Title V Permit program that would require reporting of any permit "deviations" would have a potential chilling effect on auditing practices without assurances that companies discovering violations during audits would be protected from criminal enforcement, if they moved quickly to correct these violations. Now that implementation of the amendments is progressing, our concerns remain, as evidenced by Deputy Administrator Hank Habicht's recent statements to an American Bar Association conference that companies uncovering violations during an audit may be "waving a red flag" at EPA, subjecting a company and its top management to the possibility of criminal prosecution. Our fear is that laudable corporate action will be penalized for strong environmental compliance auditing programs. - 5 - Formal guidance should be issued and distributed to regional and state pollution control authorities reflecting Congressional intent that de minimis or technical violations are not subject to enforcement action when the source takes good faith actions to correct deviations, and that a source discovering major violations during an audit should not be subject to criminal action if the source takes prompt action to correct the violation. 5. Nationwide Stormwater Program: Too Rushed In Implementation After years of inactivity, EPA published a stormwater rule with a limited time period for application, took minimal steps to narrow the scope of coverage and, as yet, has failed to publish a general permit application, which is viewed as critical if the program is ever to work effectively. Last November, EPA promulgated a final regulation requiring all industrial facilities to apply for stormwater discharge permits for runoff caused by rainfall or snow melt; bringing hundreds of thousands of abandoned mine sites, charred forest areas used temporarily to store cut wood and other remote industry owned or operated sites into the complex National Permit Discharge Elimination System (NPDES) i and requiring extensive and expensive sampling. State and local officials are equally concerned about the direction of the program. EPA, in recognition of the growing concern about the new regulation, has briefly extended the application deadline but continues to delay publication of the general permit. OMB has withheld approval of the publication of the permit because of the unnecessarily complex testing and pollution prevention requirements that EPA proposes to include in the general permit. EPA is urged to listen carefully to the OMB recommendations; to streamline and simplify the general permit (name, address and identification of water body into which stormwater is discharged) ; and to delay the application date until one year after the revised general permit has been published. - 6 - * EPA Administrator Bill Reilly has been a very forceful and effective spokesman for President Bush's environmental agenda. He is creative, open and responsive. Several of his most recent initiatives -- the roundtable process related to passage of the Clean Air Act Amendments, and his Pollution Prevention Initiative -- hold out great promise, if the disincentives to participants can be minimized. The U.S. pulp, paper and paperboard industry looks forward to working closely with all within the Administration to advance the President's goals for a clean environment. Our early support for the President's Clean Air Act Amendments and for Administrator Reilly's Pollution Prevention Initiative are but two examples of our commitment. - 7 - THE WHITE HOUSE WASHINGTON Date: May 6, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI THE STATE STATE OF MINNESOTA On OFFICE OF THE GOVERNOR 130 STATE CAPITOL April 10, 1991 SAINT PAUL 55155 *1858* ARNE H. CARLSON GOVERNOR Dear Congressman I am writing to urge you to support the Administration's request for a two-year extension of the "fast-track" procedures. Failure to grant this extension could mean a serious setback, even the demise, of current free-trade negotiations. Opening new markets for U.S. products represents the most important step that the U.S. government can make to foster economic growth. Lowering trade barriers makes sense for consumers, employers and employees. Reducing trade barriers will translate to increased exports, economic growth and job creation for Minnesota. Exports are important to the Minnesota economy. In 1990, the state exported $6 billion in manufactured products, ranking Minnesota 18th in the nation. The opening of new markets and the removal of trade barriers has had a very positive influence on the volume of exports from the state. For example, since 1987, when Mexico began reforming its tariff structure, Minnesota's exports to that country have grown by 87%. I believe that a successful conclusion of the GATT negotiations and the North American Free-Trade talks will result in strong economic growth for the state and the country. I realize that there are concerns about environmental and labor issues stemming from the North American Free-Trade negotiations with Mexico and Canada. It will be important for these issues to be resolved to the satisfaction of Congress. If they are not, the fast-track procedures do not prevent Congress from rejecting a negotiated agreement. But a failure to grant an extension of the fast-track procedures could drive our negotiating partners from the table. This would be a lost opportunity. Again, I respectfully request that you approve the President's appeal for a two-year extension of the fast-track procedures. Successful conclusions of the GATT negotiations and the North American Free-Trade talks could reap enormous benefits for the Minnesota, U.S. and World economies. Thank you for your consideration. Sincerely, ARNE H. CARLSON 11 EQU AL OPPORTUNITY FMPI OYER THE WHITE HOUSE WASHINGTON Date: May 6, 1991 FOR: GOVERNOR SUNUNU FROM: ED ROGERS Action Your Comment Let's Talk XXX FYI APR-30-1991 11:55 FROM NMHP&M-GOV 916/445-6106 TO 12024562397 P.02 Wilson's woes with GOP Tax-hike plans worsen INSIDE By Amy Chance Bee Capitol Bureau But in the midst of a bipartisan beginning that has put him on friendly terms with the The GOP's budget point man in Democratic Assemblyman John Vasconcel- Democratic-controlled state Legislature. Wil- the Assembly is a sharp-tongued los. embittered by lack of access to California's son's relationship with the most conservative fiscal conservative who has last Republican administration. disgustedly de- members of his own party is crumbling. demonstrated a willingness to clared in December that former Gov. George Right-wing Republicans, never happy with compromise with his Democratic Deukmejian was "history bad history." Wilson's support of abortion rights. remained colleagues. Just a few months later, Vasconcellos has largely silent earlier this year as he used the Page A3 found A pal in the state's newest Republican governor's office to push environmental causes chief executive. and social programs. in a dramatic change from the Gov. Wilson has called him a "good friend" As the new governor delighted Democrats experience of his predecessor. and publicly embraced his efforts to bolster last week with a budget plan that relies on $6.7 Gov. Wilson's key appointees are California's self-esteem. The liberal legislator billion in tax increases, however. conservatives expected to get a warm response plays racquetball with Bob White. Wilson's tials. began to question Wilson's Republican creden- in state Senate confirmation chief of staff. hearings. And Vasconcellos, a key budget committee His proposal, said anti-tax activist Lewis Uhl- Page A23 chairman, has taken to complimenting Wilson's er, "threatens to make Pete Wilson the Michael leadership skills at every turn. See WILSON, page A23 CON'T APR-30-1991 11:55 FROM NMHP&M-GOV 916/446-6106 TO 12024562397 P.03 Wilson: Gay rights bill key for right Continued from page Al hold their fire," said Wayne C. John- Dukakis of the West." son, a GOP political consultant. "No Wilson dismisses criticism from amount of calming words from con- the right wing of his party as a minor- servative Republican leaders will ity voice, saying his brand of Republi- make any difference. It is a highly can politics is most representative of charged emotional issue that goes to California's GOP voters. Ultimately, the core of Republican activists out he believes that Californians will re- there." spect a leader who is willing to take But if gay rights legislation has the some risks. potential to anger activists, some "I'm happy to compare Pete Wil- GOP strategists are convinced that son's credibility as a fiscal conserva- the proposed tax increases threaten tive with anybody." said the gover- Wilson's standing with mainstream nor's communications director, Otto Republican voters. Bos. "But Republicans also want "When he proposes the largest tax leadership. That's one of the reasons increase in California history, that's Ronald Reagan endcared himself to where he begins to part ways with the people of this state, because he most Republicans," one GOP strate- was willing to stick his neck out and gist said. make things happen." Bee file In building support for his budget In order to make things happen, Democrat John Vasconcellos proposal within his own party. Wil- however, Wilson will need some as- has lauded Wilson's leadership. son will use the tools that have sistance from Assembly Republicans. worked to impress Democratic legis- some of whom will have to help pro- spending like drunken sailors," he lators - his accessibility and the vide the two-thirds vote needed for said. "Even the more reasonable power of personal persuasion. He budget approval. members of our caucus will have spent two hours at an Assembly GOP His ability to control that group, trouble supporting this proposal." caucus retreat Friday morning in meditionally more resistant to tax in- Complicating Wilson's relation- Grass Valley hashing out his plan creases than Senate Republicans. ship with Assembly Republicans is with fellow Republicans in a some will be one of the keys to his success gay rights legislation now pending in times-hcated discussion. governor, said Assemblyman the Legislature. The administration also will use Souce Bronzan, D-Fresno. Twenty-eight caucus members public pressure as a weapon. cultivat- "Unfortunately there is A faction signed a letter to Wilson earlier this ing support from newspaper editorial that are basically modern-day anar- month urging him to veto AB 101. a boards. elected county officials and chists," he said. "They really don't bill by Assemblyman Terry Fried- others. Already, Wilson aides have care about government. To cause the man. D-Los Angeles. that would ban portrayed Assembly Republicans as rotal disruption of services is not only housing and employment discrimina- uncooperative on the budget, noting something they don't mind, they look tion against lesbians and gays. that they have criticized proposals this as an opportunity to do just Yet in discussing the measure re- from the governor, Democrats and that. The combination of that and the cently at a gathering of newspaper Senate Republicans while failing to two-thirds vote requirement means editorial writers. Wilson said he is craft an alternative plan of their own. that they could withhold the votes "very likely" to sign the bill. He said "With some people the baseball and paralyze the system. he agrees with gay rights advocates bat works better. with others the "In some respects. what you're that homosexuality is not a "prefer- feather duster works better," said a sicing is a struggle between modera- ence" - that people do not choose Wilson administration source. don and dedicated extremism." their sexual orientation any more "Through a combination of softball One of the Assembly Republican than they choose the color of their and hardball, you put the votes to- caucus' most outspoken members, eyes. gether one by one." Com McClintock of Thousand Oaks, Wilson also rejected opponents' Wilson also will benefit from the signated trouble ahead for Wilson's argument that such legislation is un- political tools at his disposal as gov- budget proposal by declaring, "Farli- necessary, the reason Deukmejian ernor. Although he has not threat- there were storm warnings. I cited when he vetoed a similar bill in ened to harm Republicans who don't think I just watched the barometer 1984. vote his way, legislators nonetheless full right off the meter." "He has voted historically and con- are sensitive to an unspoken mes- But McClintock and other ultra- sistently for legislation that bans dis- sage that he can do much to boost or dinservatives cannot block Wilson's crimination." Bos said. "If that's what harm their future political careers. man. The governor is likely to need this remedies, he will very likely sign His ability to block A reapportion- Newer than 10 GOP votes in the As- it." ment plan skewed in favor of Demo- Imbly, support he hopes to draw Assemblyman Stan Statham, R- crats was a key reason conservatives from more moderate members of his Oak Run. a moderate who has led the' ultimately united behind him in last party. legislative opposition to the measure, year's gubernatorial election. Assemblyman William Baker of said he doubted Wilson's signature "The orangutans in the Assembly Vanville is a Republican who has not on the bill would irreparably damage Republican caucus are an unmanage- pledged to oppose any tax increase his relationship with most Assembly able bunch of louts and always will this year. But he said Wilson should Republicans. He and others predict- be," said Doug Watts, a former Cali- not underestimate the degree of GOP ed, however. that members of the fornia political consultant and Deuk- distaste for higher taxes. party's right wing would never forget mejian administration official. "But I "The overruling thought in our such HO action. think he can keep them in control. caucus is that it isn't the fault of em- "If he were to sign AB 101, it would They're not going to have anywhere ployers and the taxpayers that we are be very difficult for conservatives to else to go in the end."