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Political Reform
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90
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7
2
�THE WHITE HOUSE
WASHINGTON
July 19, 1995
MEMORANDUM FOR
LEON PANETIA
ERSKINE BOWLES
FROM:
MICHAEL WALDMAN
SUBJECT:
POLITICAL REFORM CALENDAR
As you may recall, the Senate will vote on the gift ban and on lobby reform by the
end of next week. These two bills have been supported by the Administration in the past, but
we haven't talked about them in months. Sen. Dole, who resisted these measures, will wind
up taking credit for them.
Therefore, this is our last chance to publicly call on Congress to pass lobby reform -before it actually begins to do so, with Dole getting the credit. I strongly urge that we do
this issue either at Boy's Nation on Friday (where it works nicely, thematically) or on
Saturday in the radio address.
Such a discussion could be part of a discussion of the Gingrich-Clinton reform
commission, which we also should publicly push.
�/
November 1, 1994 .
MEMORANDUM FOR THE CHIEF OF STAFF
.
FROM:
SUBJECf:
•
I
Bru~
Reed
Michael Waldman
Bill Ga:lston
Paul Weinstein
\.
Strategy for Political. and novernment. Reform
. The collapse of public' trust in the institutions of government is the funchlmental: .
political fact of our time.. After two decades of growing disillusion, this break between the
people in office and· the peOple \Yho put them there dominates every aspect of American
politic:S, from the noisy bombast of talk show5 to the silence of empty voting booths.·. ·
_ Voters believed that Bill Clinton understood this situation, and would act .to rectify it. .
But for all of our efforts over the past two years, the public is now more disillusioned, more
embittered, than it was in November 1992. Whatever the results of the uocoming•eteCtion,
·,the President should. put forward ! bold, coherent set of reform initiatives to make
government, Congtess, and. -the politi~ system work. .
:
..
I. -The Case for
R~fonn
Why is a bold reform/ agenda so important?
First, the public demands it. Citizen cynicism ·and anger is deep and pervasive~
Voters perceive a failure of goveounent to act decisively and effectively. They see a federal ·
government that hordes money and power, endless bickering between ~0 seemingly outdated
political parties, and a proliferation of special interests that drown out the voices of average
citizens. When John Kennedy was Pre8ident, 76% of the people said they trusted the federal
government to do what was right all or most of the time. Today, after betrayals frOm .
Vietnam to Watergate t~ "Read My Lips," only 22% of the peo~le give that same answer.
Moreover, much of this critique of Washington and government is valid. Government
is bloated, irrational, and inefficient -- an ossified institution in an era of constant innovation.,
Special interests. do have too mucb power; a $300 million campaign overwhelmed health
care, gun groups practically derailed the crime bill, and some 80,000 lobbyists of every
pinstripe have -SUCCeeded in diluting Or defeating SCOres of proposals. Congress is paralyzed
�,.,
'
by partisanship arid resistant to cha..~ge .. Changing the way Washington does business .i$
perhaps the most significant legacy we could leave. ,
Finally, restoration of trust in government and politics is essential to the suecess of the
rest of our agenda. As we have learned" over the past two years, we cannot count on p.ublic
support for health care, welfare reform, deficit reduction or any other issue unless we first
persuade them that we underStand what's wtong with govelllJllent ·arid have set about to 'fix it.
Conversely, an agenda that links political reform with our efforts to make bipartisan progress ·.
on he~lth care, welfare reform, reemployment, and other issues should strengthen and
..
reinforce those efforts.
·· ·
·
·
··
To be sur~, this administration has made a real start on this front. The VicePresident's reinventing government initiative has been the quiet spccess story of the first tWo
yearS. As a result of the NPR, we have dramatically shrunk the federid WOrkforce,' and' . ..·.
passed sweeping ,procurement reform legislation. We imposed the toughest ethics ·
requirements ever on our senior officials, .and repealed the deductibility of lobbying expenses.·
We proposed tough and well-regarded eampaign. finance and lobbying reform bills. And we
have ·taken on more vested interests than ·any administration in decades. · But these effo~s · .
have not been enough to overcome the risi~g t~de of _public cynicism.
•·
The CoiJllng Battle ·
Today's "mad-as-hell" -atmosphere is n~t a. flash in the pan, but a fuebell in the ni~t.
The reform impulse was strong two years ago; by every indication, it is even stronger today:
It is no longer a question of whether Congress will address ·reformissues; the only. question is
whether we will lead ·the fight or .be left behind.
&rly in tlle next term, ~e.~ expect the Republicans to press forward.W,ith ·..
their reform agenda:
· .:._ balanced· budget ·amendment;
-- term limits;
-- cuts in congr~ssional committ~ and staff.
On Election Day, voters iri 8 states are expected to approve term limits
referenda, bringing to 23 the number of states that have. backed limits. The
issue will heat up even further when the Justice Department appears before the
U.S. Supreme Court to argue that these state measures are unconstitutional.
Ross Perot's 19% of the vote was the second highest by a thi~d party candidate
this century, surpassed only by Theodore Roosevelt in 1912. Polls indicate that
-- if he were to run today -- 'Perot's vote would not slip significantly ..
Support for independent candidates generally is· at levels not seen in half a
century.
2
,.
�When the 'new Congress convenes in January, fully half its members will.be
freshmen .or sophomores, neatly all of whom ran on a platform to "change
· Washi~gton."
·
.
A Three-Front War
.
This memorandum lays out the elements of a sustained, vigorous reform campaign.
Tentative ~tabs at congreSsional or.political reform, pur8u~ separately and quietly,.will
neither succeed nor break through to the public, Instead, we must mount an aggressive,
comprehensive campaign, as .we have done on other .issues, from the budget to NAFfA to· the
crime bill. A concerted effort to change the way Washington does. busineSs 'will not only ·
. offer the President the chance to rise above partisan and narrow' interests, but do more. tO.
advance 'the rest -~f our substantive .agenda than" anything else: 'could do··over' the next few
months. ,
we
Our.reform agenda should do -~attle on three fronts:.
Shifting power back to the American people, through campaign re(orm that
requires broadcasters to provide free time to candidates; a.national·initiative
and referendum process; and a "citizen frank"' that.lets citizens con~
Congress for free;
·
Fixing Q:>ngress, with· a constitutional amendment allowing states· to. limit .
legislative· terms; lobby. reform; a ban on gifts; a· congressional pay .freeze until
the budget is balanced; ~d a 25% cut in congressional staff; and
I
Launching a renewed assault on bureaucracy, including the line.,..item veto;
civil service reform to give federal managers the right to hire and fue; and a · ·
fundament~ overhaul of federal regulatory agencies.
.
.
. I
•
.
This memorandum sketches out a 3-6 month campaign to unveil and fight for these
proposals.
II. · Propo'sals
A. Shifting Power Back to the American People
In the end, i~ will not be enough to change Washington. The American people are
ready to take government into their own hands. The spread of information technology makes
that possible, and the collapse of political institutions makes it almost certain.
�..
1. Free TV Time for Candidates. A campaign refonn bill with public. funding will .
not pass the new Congress.· Instead, we· sh<>uld press for the changes the Pr~sident called for .
in his campaign-- free TV time for. candidates who abide by spending limits, a $l~OOO;limit
on: PAC donati9ns, and reforms on soft money. Free TV time has strong public support.
Over· the years; it has also been endorsed by Bob Dole and Ross Perot. The idea would ·
prompt a major battle with the· broadcasting industry and its champions in Congress. On. the
other hand, it would negate the Republicans' single· most powerful public argument against ·
reform. ·
·
·
·
i'
2. Na,tional Referendum. The most dJamatic and slgnificailt reform proposal the
President could put f()rward is. a national referendum that would allow. the people to vote on
issues ,of national importance. Most m.ajor democracies have national referenda.. For
example, in recent years, Itali~s have voted· on divorce; Spain v:oted on membership in ··
NATO; -and Austria and Sweden· voted on the use of nuclear 'power. In tht U.S.,- 43 states
allow their legislatures. to submit referend8 to the people, and 24 states allow citizeJlS to.
sponsor initiatives. In Arkansas, some of Governor .Clinton's best known legacies_...;. such as
ethics reform-- were enacted in this way. We could call for national votes on political
reform, health reform, etc., but it would be entirely up to the American people what questions
are put on the ballot. .
·
·
Establishing a bind.ing national referendum or initiative process would require a .
COnstitutional amendmep.t. . Such ~n .amendment .might provide for putting an issue to a
·nationwide vote if the legislatures in 3/4 of the states. recommended it or signatures were .
gathered from 5% of th.e voters nationwide.. As. a Constitutional safeguard, the ref~rendum
would require 60% approval to._be enacted and_ would be subjeCt to judicial review.
A national referendum is the one truly pOpular reform idea .that has not been
.
appropriated by either party. The beSt argument ·for direct demOC(acy is th~t-it' enables the
broad public to make its voice heard wh~n the congressional system is unresponsive or ·
·!¢dlricked. It could boOst voter turnout and enthusiaSm; this year, twice aS many .
Californians say they are going to·the polls·to vote for" or against Prop 187 as are going to
vote for a particular candidate. The' advance of information technology will make this
procesS easier. This administration ~as helped develop a tamper.,..proof digital_ signature,·
which allows people to provide a legal' signature by computer. Direct voting ·Ca.nnot be far
behind.
· ·'
~
The most frequently advanced argument ~gainst a referendum is that it could fall prey
to extreme social or fiscal proposals. However, a recent comprehensive study of referenda
found that· in general, that has not proved to be the case. Another concern is the difficulty of
controlling spending by opponents and proponents. Additional safeguards could help address
these concerns, such as free TV time for supporters and opponents; a pay-as-you-go rule for
proposals with ~udgetary impact; and limiting referenda to statutory rather than constitutional
issues.(so that constitutional amendments like tenn limits and school prayer would go through·
.the same thoro.ugh process they do now). ·
4
�.
.
A~ various times, .this idea· has been endorsed· by leaders ranging from DiCk Gephardt .
· to Jack Kemp. In 1981, a Gallup poll showed 52% support for a legally binding national
referendum. In recent polls, supP<>rt has ranged from over 60% to as high as 84%. Am()ng
elite opinion, it will be opposed by.business· interests that prefer dealing direc'tly- with
Co~gress, and by some interestgroups nervous about ·the impulses of.'too much democracy4
'3. Eliminate. the Congressional Frank; and Give It to the American People. The
. frank is one of the most, entrenched and ·abused symbols' of incum~ncy. We could _propose
to take it away ·from Congress and g!ve it to the American people instead. Any individual
who .want~ to send a letter to their Congressman or Senator would be able· to do so for free: •
~ostcards, letters from organizations, and letters from. another distriCt or state would nQt be
eligible (mail could be? delivered di~tly to. the district office to prevent abuse). This is· how
it wor~ in· Canada, where citiZens can. write Parliament for free: .
.
. . . .· ·
'
..
-4. Citizens' Congress~· One dramatic experiment' in direct democracy would·~ to
run a national Citizens' Jury or Citizens' CongreSs that would bring ·ordinary citizens together
to resolve a particular is~ue~ We. could invite a· random group of citizens froin around the
country to Washington to deliberate on a· given issue -- politi~. reform, crime, communitY
service. They would heat arguments from all sides, their-deliberations would be nationally
televised, and most important, we would try to take .action on the basis of what they
recom111end. By selecting a small group_ of ordinary Americans entirely at random. and letting
them take part in government for a few days, we might spark new interest" in participat;ory
d~mocracy. and find a new way to get around the special interests to promote common-sense
··
· -~ ~
··
·
·
·
consensus.
s. Take Subsidies froni the Special]nterests and Retum the Money to the .
American P~ple•. The whole point Qf reforming _governJnent is to give ordinarY people a
better deal for their' taX dollars. One option woul~ be to give thein a reform dividend, by
. eliminating special jnterest subsidies and using the savings to pay for a children's allowance' .
for .middle-class f~ilies. Rob Shapiro has identified a series of special interest subsidies; an
expanded deductiQir for middle-class families with children -would cost in the neighborhood ~· '
of $20-40 billion over five years. The savings could gQ Into a trust fund, so that nobody
would get their tax cut unless· Congress agreed to make the spending cuts. Established ,
.interests would attack anyone who goes after th~ir subsidies, but we could press the simple
theme that parents can do more for their children with that money than government or those .
·
' :.
interests can.
I
6. Devolution of Power to State and Local Governments. Last year, the .
Administration push~ two major initiatives that would have res~ored balance to the ·
part~ership between federal, state, and local governments. The Glenn-Kempthome unfunded
mandates bill and the Pre~ident's waiver legislation drew bipartisan support on the Hill. "t'e
should aggressively push both bills next year and. back it up with a broader devolution ·
strategy. Public trust in state and local_govemment, although weaker than decades ago,
remains much stronger than confidence in the federal government.~
5
�· B. Fixing Congress
Regardless -of the outci>me of next wee~'s election, we should press for major changes
--.
in the way Congress does business.
.
· 1. · Lobby Refonn and Gift Ban. We should demand that Congress p~s a gift ban·
and a back-to.:..basies lobby reform bill as soon as they return. · The Republicans rai~ed ·
several ))9gus· objec~ions t~ the lobby reform bill in the waning days; we should .Call their
bluff, accept thos_e changes .i{ necessary, and pass the bill on a bipartisan basis. .
. ·
2. Apply Laws to_ Congres~ •. Legislation applying ~ h~t of laws· to Congress passed
the House but not the Senate this past Congress. ·We should press Congress to pass it ·
·
·
·
.
.
-' iinmediately.
.'
3. Insist on Line-Item Veto. With the Balanced Budget Amendment expected. to
pass easily in the next Congress, we should insist that it· include a Constitutional line-item
. veto, and argue that it will.be hard to balance the budget without it. We should insist on the
·strongest pos$ible version· of this veto, not the enhanced rescission authority that passed the
House this time. We may also want to offer our OWn capitaVoperating budget alternative. Inthe campaign, the President said he could support a balanced. budget amendment tJtat
separated capital and operating expenses so that long,...term investments would be encouraged
and operating costs reduced. ·
. ~.. ~.
. 4. · 'i'enn UmitS. Republicans pledge to ·bring to a vo~c a constitutional amendment- , ·
limiting congressional terms to 12 years, but they would grandfather in existing Members of
Congress.' Beyond principled opposition, we can respond in two ways:
a. Call their bluff.. We could demand that the 12""'year limit on service apply
immediately (or by a date certain;· such as 1996), and thereby affect sitting members of
Congress; and/or
·
b. Let the states decide. We could support a constitutional amendment to
(lllow states to vote to apply term limits ~o their own federal representatives. This.
would be consistent with our .legal position that state-mandated term limits are '
unconstitutional.
. 5•. Cut Congressional StatT Overall by .25%: In the campaign, the President
promised not only cut the White House staff by 25%, but to challc;nge Congress to do the
same. The Republican Contr(lct calls for a 25% cut in_committee (not personal) staff. We
· could press forward with our original demand to cut overall staff Qy 25%.-
to
I
6. Freeze Congressional and Presidential Pay Until the Budget Is Balanced. If
we're going to make significant spending cuts to reduce .the deficit, public officials should
6
�•
1
lead· by example. The American people don't get a guaranteed cost-of-living increase. Why .
should their leaders? A performance-based freeze on Congressional and Presidential pay is a
responsible,
common:-sense alternative to plans to "cut their pay and
send them ·home."
·
..
'
.
C. A Renewed
Ass~ult
on Bureaucracy
We should niake the most of NPRis success by.. escalating our a8sault on the.federal
bureaucracy, with a relentless, sustained attack on fraud, red tape, unnecessary progmms, and.
~unte,rproductive ·rules and regulations. · ·
.
· · ,
1. The Right' to Hire and Fire~· NPR is preparing a sweeping civil service reform
· bill ·that will reduce the number of job classifications and give federal managers the right to
, hire 'and fire federal workers. Negotjations with unions and management are un:d~.r way;· the
bill will be ready to introduce in I anuary. . ·
·
· 2~ The Right to Do~nsize. NPR and OMB are preparing legislation to ~ FrE
. floors iri existing appropriations bills, and ban the use of FrE· floors in future bills. This
could be coupled with a Presidential vow to veto· future appropriations bills that limit our
. ability to downsize~ We should also consider dir~ting agen~ies to accelerate the mandated
doWnsizing of the workforce to accomplish its objectives Qy 1996 illstead of 1999._ To
illustrate that downsizing the ·.bureaucracy is one of this Administrat,on's signature
achievements,. we should start a Bureaucracy Clock (in prominent place like Times Sq\we)
that would track our progress..
'
...
3. Regulatory Overhaul. . Regulatory ref~rm will be a top priority for NPR next
year, with an extensive review that brings business leaders and others to the White House to·
develop a new, more market-based approach to regulation for'the 21st Century.
a
4. The President's Fraud SqW.ci. The :President and Vice President could appoint a
REGO SWAT team or bureaucratic bomb squad -- ·a!J elite group of troubleshooters and
investigative journalists who report directly to them. Any time a story breaks about fraud or .
.mismanagement in the bureaucr:acy, they would move in, get to the bottom of it, and report
back within days with recommendations: They ~ould also uncover such troubles before they
become public, and demonstrate the President's. desire for unfiltered information on how his
government is working, This· has been done before: FOR dispatched journalist Lorena
Hickok around the country to see how the New Deal was really working. It would be an
opportunity to make a high-profile reform appointment, by naming a prominent journalist to
·
lead the effort.
5. A Pork-Busting Bill. NPR and OMB can put forward a comprehensive rescission
. bill, which targets pork in the recently passed appropriations bills.
.
7
�6.. A Bureaucracy_.Ciosing Commission. As part of NPR, the President's
Management Council has begun an e~fort. to identify ways to reduce the number of federal
facilities around the country, by closing field offices, regional offices, etc. We could
formalize this arrangement and give it a higher profile to demonstrate our commitment to
downsizing.
n.
NPR is preparing a detailed list of recommendati01:as that were
7. · REGQ
·
considered .in 1993 but not in~luded· in the final package.·
III~
Strategy
..
,
PreSident Clinton has won ·credit for his achievements when his administration has . ·
· drawn a sharp line on~ issue with popular support, and then has ·focus~d on it in ..a
· ci>neerted, systematic way over a pedod of months, not days .
Timetable·
. . . A sustained campai~ would use the element of surprise, unil~teral action, and the·
presidential bully pulpit.
Before the election. It would be very helpful if the President could Pe>int
·•
toward the change/reform themes before the· election; otherwise, a sudden tUm .
toward refonn jssues risks seeming an ex past facto
rationalizatie>n. .This could .
.
be done. in a ·one-on-one. interview with a reform-::minded reporter, Qr on the
.campaign trip to Minnesota. with Ann Wynia, who ha5 run ads criticizing her
opponent for voting against the lobby reform bill.
\
\'
_Statement the day after the election. The President's press conference
statement should characteriZe· the results as amanda~e for change, one he
intends to meet. It should point toward political refomi as an early and
important priority.
December. We should prepare tQ float ~orne of the more dramatic reform
initiatives.· Because Congress will meet in early January to take up tul~s .
. changes, we. need to matte our intentions known early.
·
o
DLC Speech, Dec. 6th: A chance to si'gnal forthcoming reform efforts.
o
Post-Summit of the Americas,· Dec. 12th: The President could make a
pivot speech unveiling new reforni proposals.
·
o
Speech to Incoming Freshmen: The President could bring the incoming
freshmen to the White House for a speech on reform.
8
}
�,
..
January pre-SOTU. The weeks before the State of the Union should include.
a series of events designed to underscore and foreshadow ~he reform and
change theme.
o
We should convene a citizen .i!!!Y or Little Rock-style conference to .
address what's wrong with goveriunent and politics, and how to fix it
o
The President should make a major speech outlining his concept of how·
govei'nnient should relate tothe citizenry (something he has yet to do). ·
o
. Announce the Fraud squad, naming iis members.
We should prepare a docUment outlining the problem and proposed·
solutions (this would be in addition to, or as 'part of, the budget .
document).
. I
State of the Union. Reform· should be a major theme of the speech, which
shoul<l unveil a few of the most qramatic id~.
·
Political Alignments
.
'
· A broad refomi agenda would be popular with the general public and with non.;..
governmental elites (e.g~, press, editorialists), but would likely meet resis~ance from many
elected officials and· intereSt groups from both parties. A natural·co~ition for refojm does not
currently exist; we will have to bring together disparate reform groups and energize
.• independent voters .. · In these _circumstances, a national mobilization spearheaded by the ·
President --relying on prominent citizens and moderate Republicans and Democrats, use of
.the bully pulpit, and cross-party alliances -- would be the way to push for reform.
..
If the President decides to push forward with an· ~bitious reform agenda, further
p~anning
is needed.
9
-·
�November 1, 1994
-1)~
IGt.-
~~i--1
MEMORANDUM FOR THE CHIEF OF STAFF
FROM:
Bruce Reed
Michael Waldman
Bill Galston
Paul Weinstein
SUBJECf:
Strategy for Political. and Government Reform
The collapse of public trust in the institutions of government is the fundamental
political fact of our time. After two decades of growing disillusion, this break between the
people in office and the peOple who put them there dominates every as~ of American
politics, from the noisy bombast of talk "shows to the silence of empty voting booths.
Voters believed that Bill Clinton understood this situation, and would act to rectify it.
But for all of our efforts over the past two years, the public is now more disillusioned, more
embittered, than it was in November 1992. Whatever the results of the upcoming election,
the President should 100 forward ! bold, coherent set of reform initiatives to make
government, Congress. and the political system work.
·
1~
The Case for Reform .
Why is a bold reform agenda so important?
First, the public demands it. Citizen cynicism and anger is deep and pervasive.
Voters perceive a failure of government to act decisively and effectively. They see a federal
government that hordes money and power, endless bickering between two seemingly outdated
political parties, and a proliferation of special interests that drown out the voices of average
citizens. When John Kennedy was President, 76% of the people said they trusted the federal
government to do what was right all or most of the time.. Today, after betrayals from
Vietnam to Watergate to "Read My Lips," only 22% of the Pec>ple give that same answer.. ·
Moreover, much of this critique of Washington and government is valid~ Government
is bloated, irratioQal, and inefficient -- an ossified institution in an era of constant innovation.
Special interests do have too much power; a $300 million campaign overwhelmed health
care, gun groups practically derailed the crime bill, and some 80,000 lobbyists of every
pinstripe have succeeded in diluting or defeating scores of proposals. Congress is paralyzed
l
�by partisanship and resistant to change. Changing the way Washington does business is
perhaps the most significant legacy we could leave.
Finally, restoration of trust in government and politics is essential to the success of the
rest of our agenda. As we have learned over the past two years, we cannot count on public
support for health care, welfare refonn, deficit reduction or any other issue unless we first
· persuade them that we understand what's wrong with government and have set about to fix it.
Conversely, an agenda that links political refonn with our efforts to make bipartisan progress
on health care, welfare refonn, reemployment, and other issues should strengthen and
reinforce those efforts.
.
To be sure, this administration has made a real start on this front. The VicePresident's reinventing government initiative has been the quiet success story of the first two
years. As a result of the NPR, we have dramatically shrunk. the federal workforce, and
passed sweeping procurement refonn legislation. We imposed the toughest ethics
requirements ever on our senior officials, and repealed the deductibility of lobbying expenses.
We proposed tough and well-regarded campaign finance and lobbying reform bills. And we
have taken on more vested interests than any administration in decades. But these efforts
have not been enough to overcome the rising tide of public cynicism.
•
The Coming Battle
Today's "mad~as-hell" atmosphere is not a flash in the pan, but a firebell in the night.
The refonn impulse was strong two years ago; by every indication, it is even stronger today~
It is no longer a question of whether Congress will address reform i8sues; the only question is
.
whether we will lead the fight or be left behind.
Early in the next tenn, we can expect the Republicans to press forward with
their refonn agenda:
-- balanced budget amendment;
--term limits;
-- cuts in congressional committ~ and staff~
On Election Day, voters in 8 states are expected to approve tenn limits
referenda, bringing to 23 the number of states that have backed limits. The ·
issue will heat up even further when ~he Justice Department appears before. the
U.S. Supreme Court to argue that these state measures are unconstitutional. ·
Ross Perot's 19% of the vote was the s~nd highest by a third party candidate .
this century, surpassed only by Theodore RoOsevelt in 1912. Polls indicate that·
-- if he were to run today -- Perot's vote would not slip significantly.
·
Support for independent candidates generally· is at levels not seen in half a ·
century.
2
�When the new Congress convenes in January, fully half its members will be
freshmen or sophomores, nearly all of whom ran on a platform to "change
. Washington."
A Thre.e-Front War
This memorandum lays out the elements of a sustained, vigorous reform campaign.
Tentative stabs at congressional or pOlitical reform, pursued separately and quietly, will
neither succeed n(jr break through to the public. Instead, we must mount an aggressive,
comprehensive campaign, as we have done on other issues, from the budget to NAFrA to the ·
crime bill. A concerted effort to change the way Washington does business will not only
offer the President the chance to rise above partisan and narrow interests, but do more to
advance the rest of our substantive agenda than anything else we could do over the next few
months.
Our reform agenda should do battle on three fronts:
Shifting power back to the American people, _through campaign reform that . ·
requires broadcasters to provide free time to candidates; a national initiative
and referendum process; and a "citizen frank" that lets citizens contad
Congress for free;
Fixing Congress, with a constitutional amendment allowing states to limit
legislative terms; lobby refomi; ·a ban on gifts; a congressional pay freeze until
·
the budget is balanced; and a 25% cut in congressional staff; and
Launching a renewed assault on bureaucracy, including the line~item veto; .
civil service reform to give federal managers the right to hire and fire; and a
fundamental overhaul of federal regulatory agencies.
:Ibis memorandum sketches out a 3-6 month campaign to unveil and fight for these
proposals.
D. Proposals
A. Shifting Power Baek to the American People
In the end, it will not be enough to change Washington. The American people are
ready to take government into their own hands. .The spread of information technology makes
that possible, and the collapse of political institutions makes it almoSt certain.
. 3
�1. Free TV Time for Candidates. A campaign refonn bill with public funding will
not pass the new Congress. Instead, we should press for the changes the President called for
in his campaign-- free 1V time for candidates who abide by spending limits, a $1,000 limit.
on PAC donations, and reforms on soft money. Free 1V time has strong public support.
Over the years, it has also been endorsed by Bob Dole and Ross Perot. The idea would
prompt a major battle with the broadcasting iadustry and its champions in Congress. On the
other hand, it would negate the Republicans' single most powerful public argument against
reform.
2. NaUooal Refereodum. The most dramatic and significant reform proposal the
President could put forward is a national referendum that would allow the people to vote on
issues of national importance. Most major democracies have national referenda. For
example, in recent years, Italians have voted on divorce; Spain voted on membership in
NATO; and Austria and Sweden voted on the use of nuclear power. In the U.S., 43 states
allow their .legislatures to submit referenda to the people, and 24 states allow citizens to
sponsor initiatives. In Arkansas, some of Governor Clinton's best known legacies -- such as
ethics reform-- were enacted in this way. We could call for national votes on political
reform, health reform, etc., but it would be entirely up to the American people what questions
are put on the ballot.
Establishing a binding national referendum or initiative process would require a
Constitutional amendment. Such an .amendment might provide for .putting an issue to a
nationwide vote if the legislatures in 3/4 of the states recommended it or signatures were
·gathered from 5% of the voters nationwide. As a Constitutional safeguard, the; referendum.
would require 60% approval to be enacted and would be subject-to judicial review.
A national referendum is the one truly popular reform idea that has not been
appropriated by either party. The best argument for direct democracy is t~ ·it enables the· .
broad public to make its voice heard when the ~ngressional system is unresponsive or
gridlocked~ It could boost voter turnout and enthusiasm; this year, twice as many·
·
Californians say ·they are going to the polls to vote for or against Prop. 187 as are going to
vote for a particular candidate~ The advance of information technology will make this·
process easier. This administration bas helped develop a tamper-proof digital_ signature,
which allo~ people to provide a legal signature by computer. Oirect voting cannot-be far
behind.
The most frequently advanced argument against a referendum is that it could fall pr~y •
to extreme social or fiscal proposals. However, a recent comprehensive study of referenda
found that in general, that has not proved to be the case. Another concern is· the diffi~lty of
controlling spending by opponents and proponents. Additional safeguards could help address
these concerns,. such as free TV time for supporters and opponents; a pay-as-you-go ride for
proposals with budgetary impact; and limiting referenda to statutory rather than constitutional
issues (so that constitutional amendments like term limits and school prayer would go through
the same thorough process they ~o now).
4
�At various times, this idea has been endorsed by leaders ranging from Dick Gephardt
to Jack Kemp. In 1981, a Gallup poll showed 52% support for a legally binding national
84%. Among
referendum. In recent polls, support has ranged from over 60% to as high
elite opinion, it will be opposed by business interests that prefer dealing directly with
Congress, and by some interest groups nervous about the impulses of too much democracy.
as
3. Eliminate the Congressional Frank; and Give It to the American People. The
frank is one of the most entrenched and abused symbols of incumbency. We could propose
to take it away from Congress and give it to the AmeriCan people instead. Any individual
who wants to send a letter to their Congressman or Senator would be able to do so for free.
Postcards, letters from organizations, and letters from another district or state would not be
eligible (mail ~uld be delivered directly to the district office to prevent abuse). This is how
it works in Canada, where citizens cai1 write Parliament for free.
4. Citizens' Congress. One dramatic experiment in direct democracy wo~ld be to
run a national Citizens' Jury or Citizens' Congress that would bring ·ordinary citizens together
to resolve a particular issue. We could invite a random group of citizens from around the
country to Washington to deliberate on a given issue --political reform, crime, community
service. They would hear arguments from all sides, their deliberations would be nationally
televised, and most important, we would try to take action on the basis of what they
recommend. · By selecting a small group of ordinary Americans entirely at random and letting
them take part in government for a few days, we might spark new interest in participatory
democracy and find a new way to get around the special interests to promote common-sense
consensus.
S. Take Subsidies from the Special Interests and ·Return the Money to the
American People. The whole point of reformiDg government is to give ordinary people a.
better deal for their tax dollars. One option would ·be to give them a reform dividend, by
eliminating special interest subsidies and using the savings to pay for a children's allowance
for middle-class families. Rob Shapiro has identified a series of special interest subsidies; an
expanded deductioll' for middle-class families with children would cost in the neighborhood
of $20-40 billion over five years. The savings could go into a trust fund, so that nobody
would get their tax cut unless Congress agreed to make the spending cuts. Established
interests would attack anyone who goes after their subsidies, but we could. press the simple
theme that parents can do more for their children with that money than government or those
·
interests can.
6. Devolution of Power to State and Local Governments. Last year, the .
Administration pushed two major initiatives that would have res~ored balance to the ·
partnership between federal, state, and local governments. The Glenn-Kempthome unfunded ·· ·
mandates bill and the President's waiver legislation drew bipartisan support on the Hill. We should aggressively push both bills next year and back it up with a broader devolution··
strategy. Public trust in state and local government, although weaker than decades ago, · ·
remains much stronger than confidence in the federal governmettt.
·
s
�B.. Fixing Congress
Regardless of the outcome of next week's election, we should press for major changes
in the way Congress does business.
1. Lobby Reform and Gift Ban. We should demand that Congress pass a gift ban
and a back-to-basics lobby reform bill as soon as they return. The Republicans raised
several bogus objections to the lobby reform bill in the waning days; we should call their
bluff, accept those changes if necessary, and pass the bill on a bipartisan basis.
2. Apply Laws to Congress. Legislation applying a host of laws to Congress passed
the House but not the Senate this past Congress. We should press Congress to pass it
immediately.
3. Insist on Line-Item Veto. With the Balanced Budget Amendment expected to
pass easily in the next Congress, we should insist that it include a Constitutional line-item
veto, and argue that it will be hard to balance the budget without it. We should insist on the
strongest possible version of this veto, not the enhanced rescission authority that passed the . House this time. We may also want to offer our .own capitaVooerating budget alternative. In:·.
the campaign, the President said he could support a balanced budget amendment that
separated capital and. operating expenses so that long-term ..mvestments would be encouraged •.
and operating costs reduced.
4. Term Umlts. Republicans pledge to bring to a vote a constitutional amendment
limiting congressional terms to 12 years, but they would grandfather in existing Members· of
Congress. Beyond principled opposition, we can respond in two ways:
' .
a. Call their bluff. We could demand that the 12-year limit on service apply .
immediately (or by a date certain, such as 1996), and thereby affect sitting members of
Congress; and/or
b. Let the states decide. We could support a constitutional amendment to
allow states to vote to apply term limits to their own federal representatives. This
would be consistent with our legal position that state-mandated term limits are
·
unconstitutional.
S. Cut Congressional Statr Overall by 25%: In the· campaign, the
~ident
promised not only to cut the White House staff by 25%, but to challenge Congress to do the
same. The Republican Contract calls for a 25% cut in committee (not personal) staff. We .
could press forward with our original demand to cut overall staff 12! 25%.
· ·
6. Freeze Congressional and Presidential Pay. Until the Budget Is Balanced. If ..
we're going to make significant spending cuts to· reduce. the deficit, public officials should
6
�lead by example. The American people don't get a guaranteed cost-of-living increase. Why
should the.ir leaders? A performance-based freeze on Congressional and Presidential pay is a
re~ponsible, common-sense alternative to plans to "cut their pay and send them home."
C. A Renewed Assault on Bureaucracy ..
We should make the most of NPR's success by escalating our assault on the. federal
bureaucracy, with a relentless, sustained attack on fraud, red tape, unnecessary programs, and.
counterproductive rules and regulations.
1. The Right to Hire and Fire. NPR is preparing a sweeping civil service reform
bill that will reduce the number of job classifications and give federal managers the right to
· hire and fire federal workers. Negotiations with unions and. management are under way; the
bill will be ready to introduce in January.
·
l. The Right to Downsize. NPR and OMB are preparing legislation to ~ FrE
floors in existing appropriations bills, and ban the use of FI'E· floors in future bills. This
could be coupled with a Presidential vow to veto future appropriations bills that limit our
ability to downsize. We should also consider directing agen~es to accelerate the mandated
downsizing of the workforce to accomplish its objectives !?I 1996 instead of 1999. To.
illustrate that downsizing the bureaucracy is one of this Administration's signature
achievements, we should start a Bureaucracy Cock (in a prominent place like TlDles Square)
that would track our progress.
3. Regulatory Overhaul. Regulatory reform will be a top priority for NPR ilext
year, with an extensive review that brings business leaders and others to the White House tQ
develop a new, more market-based approach to regulation for the 21st. Century~
4•. The President's Fraud Squad. The President and Vice President could appoint a
REGO SWAT team or bureaucratic bomb squad -- an elite group of troubleshooters and
investigative journalists who report directly to them. Any tim~ a story breaks about fraud or
mismanagement in the bureaucracy, they would move in, get to the bottom of it, and report
.back within days with recommendations. They could also uncover such troubles before they
become public, and demonstrate the President's. desire for unfiltered information on how his
government is working. This has been done before: FOR dispatched jourilalist Lorena
Hickok around the country to see how the New Deal was really working. It would be
opportunity to make a high-profile reform appointment, by naming prominent journalist to·
lead the effort. ·
·
a
an
5. A Pork-Busting Bill. NPR ·and OMB can put forward a comprehensive rescission:·
·
bill~ which targets pork in the recently passed-appropriations bills.
7
�6. A Bureaucracy-Closing Commission. As part of NPR, the President's
Management Council has begun an effort to identify ways to reduce the number of federal
facilities around the country, by closing field offices, regional offices, etc. We could
formalize this arrangement and give it a higher profile to demonstrate our commitment to
downsizing.
7. REGO II. NPR is preparing a detail~d list of recommendations that were
considered in 1993 but not included in the final package.
DI. Strategy
President Clinton has won credit for his achievements when his administration has
drawn a sharp line on an issue with popular support, and then has focused on it in a
concerted, systematic way over a period of months, not days.
Timetable
A sustained campaiP, would use the element of surp~se,
presidential bully pulpit.
unil~teral
action, and the .
•
Before the election. It would be very helpful if the President could point
toward the change/reform themes before the election; otherwise~ a sudden tum
toward reform issues risks seeming an ex post facto rationalizati()n. This could
be done in a one-on-one interView with a reform-minded reporter, or on· the ·
campaign trip to Minnesota with Ann Wynia, who has run· ads criticizing her
·
opponent for voting against the lobby reform bill.
Statement the day after the election. The President's press ·conference
statement should characterize the results as a mandate for change; one he
intends to meet. It should point toward political reform as an early and
important priority.
December. We should prepare to float some of the more dramatic reform
initiatives. Because Congress will meet in early January to take up rules
changes, we need to make our intentions known early.
o
DLC Speech, Dec: 6th: A chance to signal forthcoming reform efforts..
o
Post-Summit of the Americas, Dec. 12th: The President could make a
pivot speech unveiling new reform proposals.
o
Speech to Incoming Freshmen: The J?resident could bring the incoming
freshmen to the White House, for a speech on reform.
8
�••
January pre-SOTU. The weeks before the State of the Union should include
a series of events designed to underscore and foreshadow the reform and
change theme.
o
We should convene a citizen .i.Y!Y or Little Rock-style conference to
address what's wrong with government and politics, and how to fix it.
o
The President should make a major speech outlining his concept of how
government should relate to the citizenry (something he has yet to do).
o
Announce the Fraud squad, naming its members.
o
We should prepare a document outlining the problem and proposed
solutions (this would be in addition to, or as part of, ~he budget
document).
State.of the Union. Reform should be a major theme of the speech, which
should unveil a few of the most dramatic ideas.
Political Alignments
A broad· refonn agenda would be popular with the general public and with nongovernmental elites (e.g., press, editorialists), but would likely meet resistance from many
elected officials and interest groups from both parties. A natural coalition for refof!D d0e8 not
·
currently exist; we will have to bring together disparate reform groups and· energize .
independent voters. ·In these circumstances, a national mobilization spearheaded by .the .~··
President -- relying on prominent citizens and moderate Republicans and Dem~ts, use of
the bully pulpit, and cross-party alliances -- would be the way to push for reform.
·
If the President decides to push forward with an ambitious refonn agenda, further .
planning is needed.
9
�
Dublin Core
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Title
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Don Baer
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Office of Communications
Don Baer
Date
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1994-1997
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<a href="http://clinton.presidentiallibraries.us/items/show/36008" target="_blank">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7431981" target="_blank">National Archives Catalog Description</a>
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2006-0458-F
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Donald Baer was Assistant to the President and Director of Communications in the White House Communications Office. The records in this collection contain copies of speeches, speech drafts, talking points, letters, notes, memoranda, background material, correspondence, reports, excerpts from manuscripts and books, news articles, presidential schedules, telephone message forms, and telephone call lists.
Provenance
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Clinton Presidential Records: White House Staff and Office Files
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William J. Clinton Presidential Library & Museum
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537 folders in 34 boxes
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Political Reform
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Office of Communications
Don Baer
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2006-0458-F
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Box 24
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/2006/2006-0458-F.pdf" target="_blank">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7431981" target="_blank">National Archives Catalog Description</a>
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Clinton Presidential Records: White House Staff and Office Files
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42-t-7431981-20060458F-024-007-2014
7431981