1. 1 am Executive Assistant to Ira Magaziner, Senior Advisor to the President for Policy Development.

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1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ASSOCIATION OF AMERICAN ) PHYSICIANS AND SURGEONS, INC, ) AMERICAN COUNCIL FOR HEALTH ) CARE REFORM AND NATIONAL ) LEGAL & POLICY CENTER, ) Civil Action ) No (RCL) Plaintiffs, ) v. ) HILLARY RODHAM CLINTON, ) DONNA E. SgAL&LJk, Secretary of ) Raalth and Human Services, ) LLOYD E. BENTSEN, Secretary of ) the Treasury, WILLIAM J. PERRY, ) Secretary of Defense, JESS ) BROWN, Secretary Of Veterans ) Affairs, RONALD H. BROWN, ) Secretary Of COmmerce, ROBERT ) B. REICH, Secretary of Labor, ) LEON E. PANETTA, Director of ) the Office of Management and ) Budget ALICE RIVLIN, Deputy ) Director of the Office of ) Management and Budget, CAROL ) NASCO, IRA MAGAZINER and ) JUDITH FEDER, White House ) Advisors and THE PRESIDENT'S ) TASK FORCE ON NATIONAL ) HYALTH CAPE REFORM, et ALL, ) Defendants. ) DECLARATION OF MARJORIE TARMEY I, Marjorie Tarmey, hereby declare and state as follows; 1. 1 am Executive Assistant to Ira Magaziner, Senior Advisor to the President for Policy Development. 2. On August 17, 199 4, the White House announced that it Would make Publicly available within three Weeks those documents in its custody that were either received or generated by the Interdepartmental Working Group of the President's Task Force on

2 National Healtm Care Reform ("working group 11 ). I was PersOnally involved in the collection and review of these documents. On September 7, 1933, the White House released these working group records Publicly. 3. A total of 263 boxes of Working group documents are now publicly available. This number includes 247 boxes of documents from working group participants; three (3) boxes of books from the five working group tollgate sessions; twelve (12) boxes of briefing books containing background papers, reports, and published materials on particular health care reform topics; and one (1) box of material received or generated by outside audit groups Which reviewed and commented on the options developed by the working groups have been made publicly available. These documents are available at the National Archives facility in College Park, Maryland ("Archives II"). 4. On January 25, 1993 the President announced the establishment of the Task Force on National Health Care Reform and its interdepartmental working group. The Task Force and working group completed their Work on May 31, Throughout the existence of the working group, participants received oral and written directives informing them that working group records were Presidential records which had to be Preserved and returned to the White House at the conclusion of working group activities. I was Personally involved in notifying participants of their obligations under the Presidential Records Act. 2

3 5. In addition, I organized an April 29, 1993 meeting at which an Associate Counsel to the President told participant 5 that The documents they received or generated were Presidentia1 records. Counsel instructed participant 5 that these documents had to be Preserved and returned to the White House at the conclusion of working group activities. A memorandum giving specific instructions on how to Preserve documents was also distributed at that meeting. flue Good Dec., Ex. A. Terry Good of the White Bouse Office of Records Management (ORM) also spoke at the meeting. Mr. Good stressed the historical importance of Preserving wo 6 king group documents as Presidential records. 6. I am aware that subseguently, on July 19, 1993 and November 3, 1993, Terry Good sent out letters to working group paricipants. These letters informed participant 5 that all Working group documents were Presidential records and should be returned to the White House Office of Records Management as soon as Possible. On November 12, 1993, Ira Magaziner sent out a similar letter to working group participants. A sample letter from Ira Magaziner is attached to this declaration as Exhibit A. In response to these letters, participants forwarded to the White House materials which Were generated or received by them. These materials were ecounulated in hundreds of boxes. 7. Beginning on August 25, 1994, Department] of Justice counsel, myself, and staff from the White House Health Care Communications Room undertook a comprehensive review to identify all working group documents sent in by participants We began 3

4 the review by examining the list of 224 boxes which Department of Justice counsel had, in an August 3s 1994 filing with this Court, identified as working group boxes. In the course of this examination, it became apparent that 21 boxes on this list did not contain working group material. ( See & 8, below). In addition, during the course of the review, it also became apparent that the boxes of certain working group participants contained some documents which were not working group documents. 8. As noted, twenty~one boxes in the original list of 224 boxes identified to this Court were not produced. The majority of the non-working group documents in these boxes are letters from the public to the Task Force or its individual members, such as the First Lady or Ira Magaziner These types of letters constitute Task Force material. Specifically, the twenty-one boxes break down into seven categories: a) four boxes of "letter campaign" correspondence to Ira Magaziner -- 'letter campaigns" are Pte- Printed letters from advocacy groups which members of the public Sign; b) two boxes of correspondence to Health Care Reform Task Force members and the Fresident which Was directed to the Department of Health and Human Services for response; c) three boxes of letter correspondence to the First Lady;) d) seven boxes of invitations to the First Lady asking her to speak on health care issues; S) three boxes from two individuals Who were not The corrspondence contained in these last three boxes has been removed and integrated with other mail to the First Lady. Thus, the boxes can no longer be reconstituted. See Declaration of Roger Goldblatt 4. 4

5 working group participants; f) one box which is now empty because its contents have been transferred to other Task Force boxes; and g) one box which contained only material dated after May 31, As also noted, certain materials that were not working group documents were submitted by working group members. This material broke down into two categories. a) First, some participants sent in material dated after May 31, 1993, the date that the working group terminated. Some former Working group participants had continued to work in other capacities on health care reform issues after the working group terminated, and we found that documents from these later activities had been included in their submissions. These materials have been withdrawn from the boxes in which they were held at the time of our review and comprise approximately seven boxes of material in volume; b) Second, some working group participants sent in material which was dated during the life of the Working group, January 25, 1993 through May 31, 1993, but which was not working group material. This non-working group material was generally found in the boxes of working group participants who, in addition to serving on the working group also had other distinct and Separate roles in the health care reform effort, e. g., work in another federal agency. These materials have been withdrawn from the boxes in Which they were held at the tine of our review and comprise approxinately four boxes of material in volume. 5

6 10. All of the non-working group material, described above, which have not been produced were left in the custody of Terry Good, Director of the White House Office of Records Management. 11. While the working group terminated On May 31, 1993, certain activities occurred to wind up its affairs. Materials. pertaining to these activities hut dated after May 31, 1993, have been produced and include: a) memos asking working group participants to send in their documents, as well as certifications and inventories sent in by participants along with their documents. b) notes and materials from an Offioial June 7, 1993 debriefing by rra Magariner of all working group participants; the memo inviting all participants to this debriefing was circulated before May 31, 1993; c) responses to letters dated after May 31 it the original letter was sent in prior to the date; d) Post-dated thank you notes from Outside groups or individuals ~egarding their attendance at working group meetings held prior to May 31, 1993; and e) documents created or r5ceived by outside audit groups wh ich reviewed and c0mmented on options developed by the working groups 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on 9/16/94. MARJORIE TARMEY 6