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Domestic Policy Council 1987 Review & 1988 Plans [binder] [1]
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472437499
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Domestic Policy Council 1987 Review & 1988 Plans [binder] [1]
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Richard W. Porter Subject Files
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Originally Processed With FOIA(s): FOIA Number: 2021-0094-F 2021-0094-F 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: Cabinet Affairs, White House Office of Series: Porter, Richard, Files Subseries: OA/ID Number: 07137 Folder ID Number: 07137-003 Folder Title: Domestic Policy Council 1987 Review & 1988 Plans [binder] [1] Stack: Row: Section: Shelf: Position: G 15 16 2 II. MEMBERSHIP, ATTENDEES AND STAFF Domestic Policy Council Membership President Ronald W. Reagan, Chairman Secretary of the Interior Donald P. Hodel, Chairman Pro Tempore Attorney General Richard Thornburgh Secretary of Health and Human Services Otis R. Bowen Secretary of Housing and Urban Development Samuel R. Pierce, Jr. Secretary of Energy John S. Herrington Secretary of Education Lauro F. Cavazos Office of Management and Budget Director James C. Miller III Environmental Protection Agency Administrator Lee M. Thomas Ex-officio members are the Vice President and the Chief of Staff. Attendees The Assistant to the President and Cabinet Secretary, the Assistant to the President for Domestic Affairs and the Assistant to the President for Policy Development also participate. All Cabinet members are welcome to attend any meeting in which they have an interest. Agency heads are invited to participate whenever matters affecting their organizations are on the agenda. Senior White House advisors to the President are also invited and, when appropriate, participate in discussions. Domestic Policy Council Staff The staff of the Domestic Policy Council are White House staff in the Office of Cabinet Affairs: Ralph C. Bledsoe, Special Assistant to the President and Executive Secretary Mary Beth Riordan, Staff Assistant Fran Seidl, Secretary Robert W. Sweet, Jr., Deputy Executive Secretary Mary M. Tsivgoulis, Secretary Mark Readinger, White House Fellow (for environmental issues) TABLE 9. Adhocracy, centralized management, and multiple advocacy: differentiating characteristics Role of departments, agencies, and White Continuity Operational responsibility House-based staff Adhocracy Relatively little emphasis on Can operate under the direction Degree of departmental FDR, LE5 continuity. Rehance or ad of either honest brokers or ad- participation depends heav- CARTER hoc arrangements vocates. If under honest bro- ily on the individual re- kers, approximates the results of sponsible for organizing the multiple advocacy, except for advice for the President. continuity. In practice, generally Varies widely from issue to directed by advocates. issue. Centralized Emphasizes continuity Head of a central management Designed to reduce depend- Nivon Management through reliance or 3 single staff is likely to be a personal ence on departments and White House-based stat: It. adviser to the President and as- agencies and to emphasize sponsible for overallenorde sume an advocacy role Lack 01 role of White House and nation and issue manager reliance on departments and Executive Office staff in de- ment. agencies reduces the need for veloping policy alternatives. the role of bones: broker Multiple Emphasizes continuity Notion of an honest broker ex. Designed to maximize the Reagan Advocacy through reliance or a single ercising operational control of use of departmental re- high-level interdepartmental the process IS essential to its suc- sources and expertise and mechanism responsible for cessful functioning. If opera- to minimize reliance on overall coordination and tional responsibility IS exercised substantive expertise from management o: issues for a by an advocate. the other par- White House staff. Depart- broad policy area t.£. Da ticipants must view him as an ments perceive themselves tional security. economic honest broker. as included. policy. social policy.. Continuity refers to the pattern of a relatively fixed group of individuals responsible for advising the President on a broad range o: problems: a continuity of individuais. not policy. THE WHITE HOUSE WASHINGTON March 4, 1988 MEMORANDUM FOR EDWIN MEESE III FROM: RALPH C. BLEDSOE SUBJECT: Domestic Policy Council 1987 Review and 1988 Plans This report contains a summary of activities and accomplishments of the Domestic Policy Council (DPC) in 1987, and plans for 1988. Please let me know if you have any comments on this report. 1987 Activities Meetings - Thirty-four meetings were held in 1987, eight chaired by the President. (See Tab 1.) Issues - The Council discussed 19 different policy issues, in the following areas. (See Tab 2.) O Energy - 2 O Environment - - 4 Federalism - 1 Government Operations and Management - 3 Health and Human Services - 7 Justice and Legal - 1 Science - 1 Presidential Decisions - The President issued 17 decisions on issues presented to him by the Council. (See Tab 3.) Working Groups - Sixteen Council working groups were active during the year. Thirteen presented reports to the Council. (See Tab 4.) - 2 - Council Membership President Ronald W. Reagan, Chairman Attorney General Edwin Meese III, Chairman Pro Tempore Secretary of the Interior Donald P. Hodel Secretary of Health and Human Services Otis R. Bowen Secretary of Housing and Urban Development Samuel R. Pierce, Jr. Secretary of Energy John S. Herrington Secretary of Education William J. Bennett Office of Management and Budget Director James C. Miller III Environmental Protection Agency Administrator Lee M. Thomas Ex-officio members are the Vice President, the Chief of Staff and the Assistant to the President for Policy Development. With participation of the Assistant to the President for Domestic Affairs and the Assistant to the President and Cabinet Secretary. Council Staff Ralph C. Bledsoe, Special Assistant to the President and Executive Secretary Robert Johnson, White House Fellow Mary Beth Riordan, Staff Assistant Fran Seidl, Secretary Robert W. Sweet, Jr., Deputy Executive Secretary Mary M. Tsivgoulis, Secretary 1988 Plans During 1988, the Council will focus on major policy issues and areas stressed in the President's State of the Union Message and Legislative Message, in addition to ongoing policy issues that require monitoring. (See Tab 5 for 1988 plans.) TAB 1 DPC MEETINGS Page One 1987 DPC MEETINGS SUMMARY *-With The President **-Cabinet Meeting January 13, 21, *29 February *3, 4, 17 March 4, 9, *10, 18, 20, **24 April 1, 8, 14, *29-Joint DPC/EPC Meeting May *4, 12, 20, 27, *28 June 11, *18 July 13, 29 August 5 September 16, 21, 22, 30 November 5, 19, 24 December 2 TAB 1 DPC MEETINGS Page Two 1987 DPC MEETINGS AND AGENDA ITEMS ( -With The President) Meeting # Meeting Date Agenda Items 74 January 13, 1987 - AIDS Education 75 January 21, 1987 - AIDS Education *76 January 29, 1987 - Superconducting Super Collider (SSC) *77 February 3, 1987 . - Catastrophic Illness Insurance 78 February 4, 1987 - Small Appliance Standards 79 February 17, 1987 - Drug Abuse Policy 80 March 4, 1987 - Acid Rain 81 March 9, 1987 - Acid Rain *82 March 10, 1987 - Acid Rain 83 March 18, 1987 - Privatization - Tort Policy - Welfare Policy 84 March 20, 1987 - Energy Security JOINT DPC/EPC MEETING ** March 24, 1987 - Management Goals CABINET MEETING TAB 1 DPC MEETINGS Page Three 85 April 1, 1987 - Welfare Reform - AIDS 86 April 8, 1987 - AIDS 87 April 14, 1987 - Energy Security JOINT DPC/EPC MEETING *88 April 29, 1987 - Energy Security JOINT DPC/EPC MEETING *89 May 4, 1987 - AIDS 90 May 12, 1987 - Emergency Management 91 May 20, 1987 - Stratospheric Ozone 92 May 27, 1987 - AIDS Testing *93 May 28, 1987 - AIDS Testing 94 June 11, 1987 - Stratospheric Ozone *95 June 18, 1987 - Stratospheric Ozone 96 July 13, 1987 - President's Commission on Americans Outdoors 97 July 29, 1987 - Management Improvement 98 August 5, 1987 - Acid Rain 99 September 16, 1987 - AIDS Policies - Executive Order on the Family TAB 1 DPC MEETINGS Page Four 100 September 21, 1987 - Stratospheric Ozone - AIDS - Executive Order on the Family - Federalism 101 September 22, 1987 - NAPAP Report 102 September 30, 1987 - Adoption - Low Income Opportunity 103 November 5, 1987 - Emergency Management - Adoption - Agent Orange 104 November 19, 1987 - Adoption 105 November 24, 1987 - Marine Debris - Outdoor Recreation Resources 106 December 2, 1987 - AIDS (HHS Report on AIDS Incidence and Prevalence) TAB 2 1987 ISSUES Page One ISSUES ADDRESSED BY DPC IN 1987 (*-With The President) ISSUE DATE O Acid Rain 3/4, 3/9, *3/10, 8/5, 9/22 O Acquired Immune Deficiency 1/13, 1/21, 4/1, 4/8, *5/4, Syndrome (AIDS) 5/27, *5/28, 9/16, 9/21, 12/2 O Adoption 9/30, 11/5, 11/19 O Agent Orange 11/5 O Catastrophic Illness Insurance 2/3 Drug Abuse Policy 2/17 O Emergency Management 5/12, 11/5 Energy Security 3/20, 4/14, *4/29 (Joint DPC/EPC Meetings) Family 9/16, 9/21 Federalism 9/21 Low Income Opportunity 3/18, 4/1, 9/30 Management Improvement *3/24 (Cabinet Meeting), 7/29 Marine Debris 11/24 O Outdoor Recreation Resources 7/13, 11/24 and Opportunities O Privatization 3/18 Small Appliance Standards 2/4 Stratospheric Ozone 5/20, 6/11, *6/18, 9/21 Superconducting Super *1/29 Collider (SSC) O Tort Policy 3/18 TAB 2 1987 ISSUES Page Two 1987 DPC ISSUES O Acid Rain. Administration acid rain policy includes the study and control of chemicals that may result in acidic deposition that affects humans, bodies of water, forests, crops and materials. The Council met three times in March to discuss preparations for the President's April meetings with Prime Minister Mulroney in Canada. The Council discussed options for developing and demonstrating control technologies, and for reviewing future regulations and legislation. In August and September, the Council discussed the National Acid Precipitation Assessment Program (NAPAP) and an EPA study of sulfur dioxide (SO,) and nitrogen oxide (NOx) emissions reduction. The Energy, Natural Resources and Environment Working Group is responsible for acid rain policy development. O Acquired Immune Deficiency Syndrome (AIDS). Administration AIDS policy includes steps the Federal government is taking to combat the spread of AIDS and HIV, the virus that causes AIDS. In February, the Council developed principles to guide the Federal government's educational efforts. In May, the Council discussed an epidemiological study proposed by the Public Health Service to determine the prevalence and incidence of HIV. Also considered were policy proposals for testing federal prisoners; placing HIV on the dangerous contagious diseases list SO that immigrants and aliens must be tested before being admitted to the U.S.; reviewing expanded routine testing potential in other areas of the Federal government, including the VA; and encouraging states to increase routine testing in hospitals, STD and drug abuse clinics, for marriage licenses and in State and local prisons. The Council's Health Policy Working Group is responsible for coordinating policy development and making recommendations on AIDS and HIV testing, research, prevention, and education. O Adoption. The President announced the formation of the Interagency Task Force on Adoption on August 24, 1987. He asked the Task Force to report to him, through the Domestic Policy Council, by November 22, with recommendations on how adoption could be encouraged, and what steps can be taken at State and local government levels to remove barriers to adoption. The Task Force interacted with more than 80 organizations, State and local government agencies, judges, caseworkers, attorneys and major adoption advocacy groups regarding concerns and proposals about adoption, and presented its report to the Council on November 19. The President received the report on November 23. The Task Force will have its report printed in the spring of 1988. TAB 2 1987 ISSUES Page Three Agent Orange. Administration Agent Orange policy includes ensuring that the government examines the possible impact on Vietnam veterans of exposure to this chemical. An Agent Orange Working Group monitors studies being conducted, and reported results to the Council in November. Several other studies are to be completed during 1988-89. Catastrophic Health Insurance. In his 1987 State of the Union message, the President announced that legislation would be introduced to provide catastrophic health care for Medicare participants, and that the private sector would be encouraged to increase catastrophic insurance coverage for all citizens. In February, the Council discussed specific features of legislation, which was later introduced and is pending before Congress. The Health Policy Working Group oversees policy development in this area. O Drug Abuse Policy. The Administration's drug abuse policy is to achieve a drug-free America. In February the Council's Working Group on Drug Abuse Policy completed its efforts, and the Council approved publication of working papers on implementation of the President's initiatives. The National Drug Enforcement Policy Board now coordinates the Administration's drug abuse policies. Emergency Management. In 1987, the Council considered how to ensure coordination of responses by federal agencies in the event of extreme domestic emergencies. The Working Group on Management and Administration, in conjunction with the Federal Emergency Management Agency (FEMA) developed a national system for emergency coordination, which was discussed by the Council in May and November, and presented to the President in December. The President approved the system in January 1988. O Energy Security. The Council met with the Economic Policy Council in March and April to discuss a study of the effects of oil imports on national security. In April, the Councils' presented options and proposals to the President, covering tax incentives, Federal lands, and the Strategic Petroleum Reserve. The Energy, Natural Resources and Environment Working Group oversees policy development on this issue. O Family Policy. In December 1986, the President approved the Family Working Group report and ordered development of an Executive Order. In 1987 the Executive Order was issued, requiring federal agencies to review the impact of current programs, legislative proposals, grants and contracts on family formation and maintenance. The Council met in September to discuss implementation of the Order. TAB 2 1987 ISSUES Page Four O Federalism. In December 1986, the President approved development of an Executive Order on Federalism. The Council's Federalism Working Group met throughout the spring and early summer to develop such an Order, receiving comments from State and local government officials. The Council met in September to discuss major sections of the Order, including policymaking criteria, requirements for preemption of State laws, requirements for legislative proposals, agency implemen- tation, government-wide coordination and review, and judicial review. The President issued the Order on October 26. O Low Income Opportunity. In January 1987, the President approved implementation of a national strategy for immediate action to meet the financial, educational, social and safety concerns of poor families " Legislation was introduced and is pending in Congress. The Council discussed progress at meetings in March, April and September. In July, an Executive Order was issued establishing a Low Income Opportunity Advisory Board to work with States in encouraging demonstration programs. O Management Improvement. In March, OMB briefed the Council on the President's Management Improvement Program and the 1988 Management Report, including efforts of the President's Council on Integrity and Efficiency (PCIE), and the President's Council on Management Improvement (PCMI). The Council asked OMB to prepare goals, and to develop indicators for measuring department and agency management performance. These were presented to the Council in July, and will be reflected in the President's 1989 Management Report. O Marine Debris. The Council established a Task Force in June to examine problems associated with plastic marine debris, including aesthetic and human health implications, entangle- ment and ingestion by fish and wildlife species, and violation of statutes that govern disposal of solid wastes in coastal waters. In November, the Task Force presented recommendations to the Council. They included developing a public awareness campaign, assuring that adequate shore facilities exist, enforcement of existing and anticipated regulations, research on degradable plastics, and requirements for marking fishing equipment. The Task Force will present its final report to the Council in the spring of 1988. O Outdoor Recreation Resources and Opportunities. The Council met in July to discuss the President's Commission on Americans Outdoors report. A Task Force on Outdoor Recreation Resources and Opportunities was formed to review the Commission's recommendations from a cost and policy perspective and to TAB 2 1987 ISSUES Page Five build on its findings. A status report was discussed with the Council in November. The Energy, Natural Resources and Environment Working Group interacts with the Task Force. Privatization. This policy issue deals with how to make the economy and the government more efficient by putting selected government assets and operations into private hands. The Council's Working Group on Privatization studied the sale and contracting-out of selected federal operations and services, and presented recommendations to the Council in March. In July, privatization proposals were announced as part of the President's Economic Bill of Rights, and a Presidential Privatization Commission was established. O Small Appliance Standards. The Council discussed options for responding to unfavorable legislative proposals on small appliance standards at a meeting in February. The President had vetoed a previous bill. The Council agreed that the Administration should attempt to, delay consideration of new bills by the Senate and send a veto signal to encourage the drafting of favorable amendments. This was achieved. No further action is anticipated on this issue. O Stratospheric Ozone. The Council met in May and June to consider the U.S. position for the negotiations of a protocol to control chemicals found to be depleting the stratospheric ozone layer. The President affirmed U.S. support of an effective international protocol to control such chemicals, and gave the U.S. delegation instructions on how to pursue this objective. The Council was briefed on the protocol, which was signed on September 16. O Superconducting Super Collider (SSC). In January, the Council completed discussions of a proposal by the Energy Department to develop a high-energy physics research program leading to construction of a superconducting super collider. The President approved proceeding with the SSC. O Tort Reform Policy. In March, the Working Group on Tort Policy briefed the Council on how the Administration's efforts to reform liability statutes has encouraged changes in state laws, consistent with principles developed by the Working Group. The Council will receive progress reports in 1988. TAB 3 PRESIDENTIAL DECISIONS Page One 1987 PRESIDENTIAL DECISIONS Summary Acid Rain Acquired Immune Deficiency Syndrome (AIDS) Adoption Catastrophic Illness Insurance Energy Security Family Federalism Low Income Opportunity Management Improvement Stratospheric Ozone Superconducting Super Collider TAB 3 PRESIDENTIAL DECISIONS Page Two 1987 PRESIDENTIAL DECISIONS O Acid Rain - The President, following discussion of options presented at a Council meeting on March 10: - approved seeking an appropriation of $2.5 billion over a five year period to fund a demonstration-based innovative control technologies program (ICTP). - directed the Secretary of Energy to establish an advisory panel that would oversee a research demonstration program and select projects to be co-funded by the Federal government. - directed his Task Force on Regulatory Relief to review Federal and state economic and regulatory incentives and disincentives to deployment of new technologies. On November 25, the President provided Secretary Shultz with instructions that the U.S. Section of the Bilateral Advisory and Consultative Group should convey that portions of the Canadian accord proposal made in May were unacceptable. They were also to convey the following policy principles: - the U.S. will build on the Special Envoys' recommendations and measures underway to reduce emissions, and allow sufficient time for the ICTP to be deployed; - we will consider the state of the science, including the findings of the NAPAP interim assessment; - we will not target emissions reductions at specific geographic areas; and, - we require reciprocal commitments from Canada. O Acquired Immune Deficiency Syndrome (AIDS) - Following a Council meeting on January 21, the President approved five principles presented to him to guide the Federal government in providing information to the public about AIDS. Also, the President, following discussions at a Council meeting on May 4, approved formation of a Presidential Commission on AIDS. Following a Council meeting on May 28, the President: - directed HHS to carry out a comprehensive program to determine the nationwide incidence of the HIV virus and to predict the future of its occurrence. - directed that following a 60-day comment period, AIDS be added to the list of dangerous contagious diseases for which immigrants and aliens seeking permanent residence in the U.S. could be denied entry. TAB 3 PRESIDENTIAL DECISIONS Page Three - directed the Department of Justice to submit a plan for expanded testing of Federal prisoners for the AIDS virus. - directed the Domestic Policy Council to review other Federal program areas where AIDS testing might be done and make recommendations for his consideration. - directed that the Federal Government encourage States to offer routine testing for the AIDS virus, while recognizing individual rights, where a medical examination or blood testing occurs, in Sexually Transmitted Disease clinics and drug abuse clinics, before a marriage license is issued, and in State and local prison facilities. Following the Council meeting on September 21, the President: - directed that HHS undertake a family of surveys to gather the data necessary to monitor the dynamics of the HIV infection, including the rate o£ spread. - directed the Centers for Disease Control to collect and analyze data from current sources and estimate the prevalence of HIV in the U.S. and the rate of spread, based on results from scientific models. - directed HHS to conduct a nationwide household seropreva- lence survey, in which PHS or a designated contractor would request voluntary and anonymous or confidential participation in blood testing for the HIV. This survey would produce a more accurate estimate of how the disease is spreading. Adoption - On August 24, the President announced the formation of an interagency task force on adoption, directing that they present recommendations through the Domestic Policy Council on how adoption can be encouraged. On November 13, the President issued a memorandum for heads of executive departments and agencies directing them to encourage National Adoption Week activities to increase Federal employee awareness about the benefits of adoption. The President designated November 22 through 28 as National Adoption Week. Catastrophic Illness Insurance - The President, based on Council meetings in December 1986 and on February 3, 1987, approved restructuring Medicare to include catastrophic protection with an actuarially sound additional premium. Following the February 3 Council meeting, the President approved other initiatives to improve catastrophic illness insurance protection for the general population under age 65, TAB 3 PRESIDENTIAL DECISIONS Page Four the availability of long-term care for the elderly and catastrophic illness insurance for the elderly, including: - working with the private sector to educate the public about risks, costs, and financing options available for catastrophic illness insurance and long-term health care. - working with States on such innovations as employment- related catastrophic insurance coverage, State risk pools, management of State Medicaid programs, and new programs for loan guarantees and requiring catastrophic insurance when registering motor vehicles. - directing Treasury to study the impact of various tax policy changes, including expanding deductions for sole proprietors or unincorporated businesses, advantages of deductions for incorporated businesses, and mandating employer-provided deductibility to the full lawful extent if catastrophic illness coverage i,s offered. - directing Treasury to study means for encouraging personal savings for long-term care and catastrophic illness insurance, including various tax policy changes and replacing Medicare with health care savings accounts for savings used to buy post-retirement health insurance. - directing Treasury to study development of the private long-term care insurance market through tax incentives. - encouraging Medicare beneficiaries to enroll in private health plans which offer catastrophic coverage. Energy Security - Following an April 29 joint meeting of the DPC and EPC, the President approved sending a letter to Congress on U.S. energy and oil policy supporting increased domestic stockpiles, a strong domestic oil industry, and expanded availability of domestic oil and gas resources. Specific energy security decisions by the President included: - suggesting to Congress two tax changes: increasing the net income limitation on the percentage depletion allowance from 50 percent to 100 percent per property, and repealing the transfer rule to permit use of percentage depletion for proven properties that have changed ownership. - a 100,000 barrel per day fill rate for the Strategic Petroleum Reserve, provided that budget offsets are made available to cover the higher costs of this fill rate. - reducing the minimum bid requirement for Federal offshore leases from $150 per acre to $25 per acre. TAB 3 PRESIDENTIAL DECISIONS Page Five O Family - The President, in January, approved pro-family reform proposals contained in a report presented to him at a Council meeting on December 2, 1986. These included: - preparing an Executive Order directing Federal departments to examine the impact on the family of new and current programs, legislative proposals, grants and contracts. The President issued the Executive Order on September 2, 1987. - ensuring that sex education courses receiving HHS support and/or funds be value-based. - developing a plan for nation-wide communication of pro-family themes to the American people. - carrying out other executive and legislative actions that foster sensitivity on the importance of the family, require consideration of non-governmental solutions, and limit the role of the Federal government in family matters. O Federalism - In January, the President approved reform proposals contained in a report "The Status of Federalism in America," presented to him at a Council meeting on November 17, 1986. These included: - preparing an Executive Order requiring that federalism implications of agency actions be thoroughly reviewed. - urging Congress to require a constitutional authority and federalism assessment for legislation. - seeking legislation to require that Congress' intent to preempt State law be explicit, to prohibit agency preemption of State law by rulemaking, and to reform federal court jurisdiction. - encouraging States to adopt uniform laws, enter into interstate compacts, and establish a clearinghouse to share information and ideas. Low Income Opportunity - In January, the President approved implementation of a national strategy for seeking legislation to begin long-term, State-sponsored, local government approved demonstrations. The strategy was presented to him at a Council meeting on December 12, 1986. On July 20, 1987, the President established the Low Income Opportunity Advisory Board to speed up the granting of waivers of welfare rules and regulations for innovative State demonstration projects. TAB 3 PRESIDENTIAL DECISIONS Page Six Management Improvement - The President, at a March 24 Cabinet meeting, accepted the goals and strategy developed by OMB for accomplishing Administration management improvement initiatives. Stratospheric Ozone - On June 24, the President approved instructions to the U.S. delegation for negotiating an international protocol on protection of the stratospheric ozone layer. Policy options were presented to him at a June 18 Council meeting. The President's instructions included: - entry into force should occur when a substantial proportion of producing/consuming countries as determined by the U.S. delegation have signed and ratified the protocol. - lesser developed nations should be given a limited grace period up to the year 2000. - a system of voting that gives due weight to the major producing and consuming countries should be sought. - strong provisions for monitoring, reporting and enforcement should be sought to secure the best possible compliance with the protocol. - a freeze at 1986 levels on production/consumption of specified ozone-depleting chemicals should take effect one or two years after entry into force. A 20% automatic reduction should occur four years after, and an additional 30% automatic reduction about eight years after entry into force, following a scientific review. - the ultimate objective should be protection of the ozone layer by eventual elimination of realistic threats from man-made chemicals. - a provision should be sought to protect U.S. industry, by authorizing trade restrictions against countries that do not join or comply with the protocol provisions. The President, on June 26, issued a memorandum to Cabinet members apprising them of the above instructions. Superconducting Super Collider (SSC) - On January 30, the President decided to commit to build the SSC beginning in FY 1988 using the maximum possible cost-sharing from other countries, private industry, and State and local governments. The issue was discussed at a Council meeting on January 29. The Secretary of Energy was directed to seek Congressional authorization, select a site, obtain cost-sharing commitments and determine construction schedules dependent on budget realities and cost-sharing commitments obtained. TAB 4 WORKING GROUPS Page One DPC WORKING GROUPS Summary Adoption Task Force Agent Orange Committee on Life Sciences Corporate Sentencing Drug Abuse Policy Energy, Natural Resources and Environment Family Policy Federalism Health Policy and Economics Legal and Regulatory Policy Low Income Opportunity Management and Administration Marine Debris Outdoor Recreation Resources and Opportunities Privatization Tort Law Policy TAB 4 WORKING GROUPS Page Two DPC WORKING GROUPS Adoption Task Force. The President announced the formation of the Interagency Task Force on Adoption on August 24. He asked the Task Force to report to him, through the Domestic Policy Council, by November 22, with specific recommendations on how adoption could be encouraged, and identify steps which can be taken at local levels to remove barriers to adoption. The Chairwoman of the Task Force is Mary Gall, Counselor to the Director of the Office of Personnel Management. In 1987, Task Force members interacted with over 80 organizations, State and local government agencies, caseworkers, attorneys, judges and major adoption advocacy groups regarding adoption concerns and proposals. The Council received the Task Force report on November 19, and the President received the report on November 23. In 1988, the Task Force will prepare the full report for publication, and further develop initiatives consistent with the Administration's intent to encourage adoption. Periodic reports will be provided to the Council. O Agent Orange - The Agent Orange Working Group consists of representatives of four agencies - HHS, DOD, VA and OMB, and is responsible for coordinating research and studies of the effects of Agent Orange on Vietnam veterans who were exposed to this chemical. The Chairman is Don Newman, Under Secretary of HHS. This Working Group has coordinated over 155 studies, several of which were completed or terminated in 1987. A status report was presented to the Council on November 5, 1987. In 1988, the Working Group will monitor the dozen or SO studies still in progress, and report on them to the Council. O Committee on Life Sciences. This subcommittee of the Federal Coordinating Committee on Science, Engineering, and Technology (FCCSET) replaced the Biotechnology Working Group, and is responsible for developing biotechnology policy proposals for Council consideration. The Committee is chaired by Beverly Berger of the Office of Science and Technology Policy. The Biotechnology Sciences Coordinating Council (BSCC), also a subcommittee of the FCCSET, and chaired by James Wyngaarden of the National Institutes of Health, remains responsible for coordination and implementation of the biotechnology regula- tory framework approved by the President on June 17, 1986. Corporate Sentencing - This Working Group was established to assist in the formulation of policies with respect to corporate crimes. It will study applications of federal criminal laws to corporate entities and will draft recommendations for the U.S. Sentencing Commission on fines and penalties to best deter corporations and similar TAB 4 WORKING GROUPS Page Three organizations from violating federal criminal laws. The Chairman is Tom Moore, a Member of the Council of Economic Advisers. The Working Group will report to the Council in February or March, 1988. Drug Abuse Policy - The Working Group on Drug Abuse Policy was established in July, 1986. Carlton Turner, Director of the White House Drug Abuse Policy Office was the first Chairman. He was succeeded by Ralph Bledsoe, Executive Secretary of the Domestic Policy Council. The Working Group issued reports in 1986 and 1987, outlining steps being taken to combat illegal drug use, to reduce the demand for drugs and to continue enforcing the laws against drug trafficking. The Working Group completed its efforts in 1987, and was terminated when the Drug Abuse Prevention and Health Coordinating Group was established under the National Drug Enforcement Policy Board. Energy, Natural Resources and Environment. This Working Group is responsible for issues affecting domestic energy regulation, production, and use; regulation, protection, and enhancement of our natural environment; regulation, production, and the use of natural resource commodities, including minerals, timber, and industrial feedstocks; selected agricultural policies; and certain international trade and global trends in the above areas. The Chairman is Ralph Bledsoe. During 1987, the Working Group developed policy proposals and options on energy security, stratospheric ozone, acid rain, marine pollution, and outdoor recreation initiatives. The Working Group is currently coordinating policy development for acid rain, outdoor recreation, and an interagency study of plastic debris in the marine environment. Other policy issues that may be considered include global climate and nitrogen oxide (NOx) emissions. Family Policy - The Family Working Group was established in March 1986 to develop a report on the condition of the American family; inventory and evaluate public policies, programs and practices; and suggest changes that would enable the Administration to support and strengthen families. The Chairman is Gary Bauer, Assistant to the President for Policy Development. A report was presented to the President in December 1986, and Executive Order 12606 was issued September 2, 1987. In March 1988, the Working Group will report to the Council on department and agency results in implementing the actions called for in the Executive Order. The Working Group will also carry out the President's directive in his 1988 State of the Union message to examine the parental role in education and make recommendations for strengthening parent's rights. TAB 4 WORKING GROUPS Page Four O Federalism - The Federalism Working Group is responsible for an Administration-wide strategy for rooting constitutional federalism principles in federal law and regulations. This includes identifying endeavors which may be devolved to State or local governments; developing opportunities for block grants, regulatory relief, simplified crosscutting require- ments, and increased State and local flexibility; developing management improvements for categorical programs; and proposing measures to improve federal responsiveness to State and local concerns. The Chairman is Charles Cooper, Assistant Attorney General, Office of Legal Counsel in the Department of Justice. In its report to the President on "The Status of Federalism in America," the Working Group suggested three kinds of actions: legislative, executive, and development of a constitutional amendment. In 1987, the Working Group developed initiatives to implement these actions. A result was issuance of Executive Order 12612 on October 26, 1987. In 1988, the Working Group will report to the Council on implementation of the Executive, Order, and continue development of initiatives contained in its report. Health Policy and Economics - This Working Group is responsible for identifying health policy issues and for developing policy options for the Council in such areas as catastrophic health care and AIDS. The Chairman is Gary Bauer, Assistant to the President for Policy Development. In 1988, the Food and Drug Administration will present the Working Group with an update on progress in development of an HIV antigen test, an HIV home testing kit, and HIV drug treatments. The Working Group will continue to monitor the results of the family of surveys and the pilot studies being conducted in major metropolitan areas. Legal and Regulatory Policy - This Working Group is to monitor and analyze legal and regulatory matters that have significant policy implications for the Federal government, and to identify relevant issues and options with respect to such matters. The Chairman is Brad Reynolds, Assistant Attorney General for Civil Rights at Justice. Low Income Opportunity - This Working Group was established to catalogue and assess the array of government low income assistance programs, and to carry out the President's 1986 State of the Union charge to present "an evaluation of programs and a strategy for immediate action to meet the financial, educational, social, and safety concerns of poor families." In December, 1986, the Working Group issued a report, "Up From Dependency," and presented it to the President, with proposals for a new national strategy for improving the welfare system. Legislation was introduced and is now being discussed in Congress. An Executive Order TAB 4 WORKING GROUPS Page Five was also developed to provide for an advisory board at the White House to work with the States in reforming welfare programs. The Chairman is Charles Hobbs, Assistant to the President for Welfare Policy. Management and Administration - This Working Group is responsible for developing and monitoring ways to improve Federal government management. The Working Group works closely with the President's Council on Management Improvement, an inter-departmental committee that coordinates management improvements within the executive branch. The Working Group Chairman is Ralph Bledsoe, Executive Secretary of the Domestic Policy Council. O Marine Debris - This Task Force was created to examine problems associated with persistent plastic marine debris. The Chairman is Timothy Keeney of the Department of Commerce. The Task Force will assess the scope of the problem, determine the extent of research needed, and identify actions to ensure that problems are addressed in a coordinated manner. It will also investigate the potential for using satellites to target pollutant sources and assist in law enforcement activities. A report is anticipated in the late spring of 1988. Outdoor Recreation Resources and Opportunities. This Task Force was created to review the report of the President's Commission on Americans Outdoors and develop policy proposals that build on its recommendations. Jackie Schafer, Member of the Council on Environmental Quality, is Chairwoman of this Task Force. Proposals will be presented in April 1988. Privatization - The Privatization Working Group identifies Federal government assets and operations that could be more efficiently managed by the private sector, and recommends strategies for achieving this. The Chairman is Tom Moore, a Member of the Council of Economic Advisors. The Working Group has worked closely with OMB, which identifies privatization initiatives as part of the President's annual budget and legislative messages. Tort Law Policy. This Working Group is responsible for monitoring and analyzing legislative and judicial activity in areas relating to tort law, for identifying relevant issues and options, and for making appropriate policy recommendations to the Council. The Chairman is Richard Willard, Assistant Attorney General of the Civil Division at Justice. The Working Group issued a report in February, 1986, on proposed reforms of product liability, government liability, and government contractor liability laws. The Working Group has re-drafted legislative proposals for transmittal to Congress. TAB 5 1988 PLANS Page One 1988 PLANS Summary of Issues Abortion Acid Rain Acquired Immune Deficiency Syndrome (AIDS) Adoption Agent Orange Biotechnology Catastrophic Illness Insurance Education Reform Emergency Management Environmental Program Family Federalism Fraud, Waste and Abuse Global Climate Homelessness Low Income Opportunity Management Improvement Marine Debris NOx Protocol Outdoor Recreation Resources and Opportunity Privatization Stratospheric Ozone Superconducting Super Collider (SSC) Urban Policy TAB 5 1988 PLANS Page Two 1988 PLANS In 1988, the Domestic Policy Council will consider the following issues as part of the President's 1988 legislative and administra- tive agenda. (* - Asterisked topics are of interest, but may not require Council action in 1988.) Abortion. The President has directed the Surgeon General to issue a comprehensive medical report on physical and emotional effects of abortion on women. The report will be released in August 1988. The Council will review the Surgeon General's report, and present policy recommendations to the President as required. Acid Rain. The Council has been responsible for Administration acid rain policy development since 1985. In 1988, the Council will monitor negotiation of an acid rain bilateral accord with Canada, and develop new policies as. needed. Acquired Immune Deficiency Syndrome (AIDS). The Council has been active since 1985 in developing policies to halt the spread of the AIDS epidemic. In 1988, the Council will receive quarterly reports on the incidence (spread) and prevalence (current cases) of AIDS and HIV; review the AIDS Commission reports; monitor progress on the education/information plan; and ensure that appropriate Administration policies are developed and sufficient funding is requested to combat the AIDS epidemic. Adoption. In 1987, the President established and received a report from his Adoption Task Force, through the Council. In 1988, the Task Force will print and distribute its report, and continue work on post-adoption services, corporate/foundation meetings, and public education efforts to promote adoption. The Council will review the efforts of the Task Force and consider policies that may be needed. Agent Orange. The Council has policy oversight of research into the possible adverse health effects of Agent Orange on Vietnam veterans who were exposed to the chemical. In 1988, the Council will receive reports from its Agent Orange Working Group on studies that are completed or nearing completion. Biotechnology. In 1987, the Council asked the Office of Science and Technology Policy to propose policies that may be needed in this growing field, with emphasis on international coordination and commercial applications. These may be brought to the Council for consideration in 1988. TAB 5 1988 PLANS Page Three Catastrophic Illness Insurance. The Council is responsible for policies that make catastrophic illness insurance available and affordable to more Americans. In 1987, draft legislation for acute care for the elderly was submitted to Congress. In 1988, the Council will consider policies for promoting acute care protection for the general population under age 65, and for long-term health care insurance. Corporate Sentencing. The Council was asked to develop Administration policies for deterring corporations and other organizations from violating criminal laws. A Working Group has examined this issue and will recommend policies for consideration by the Council and forwarding to the U.S. Sentencing Commission. Education Reform. The President has directed Secretary Bennett to prepare a follow-up of the landmark report, "A Nation At Risk," which was issued in 1983. The new report will be released in May 1988, and should be reviewed by the Council. Also, the Council will form a Working Group to carry out the President's directive to examine the parental role and make recomendations for strengthening parent's rights in education decision-making. Emergency Management. In 1987, the Domestic Policy Council completed development of a system to ensure that Federal government responses to extreme domestic emergencies are effectively coordinated. In 1988, the Council will oversee implementation of the system, as required. Environmental Program. The Council will consider a variety of environmental issues that may arise in 1988. Principles approved by the President in early 1986 will be applied. Family. In 1987, the President issued an Executive Order requiring agencies to examine the impact of Federal regulations and legislation on family formation and maintenance. A report identifying Federal programs that have a negative impact on the family will be presented to the Council in March 1988. Federalism. The President issued an Executive Order in 1987, requiring agencies to undertake a "Federalism Assessment" to ensure that regulations and legislative proposals do not preempt the authority of States. In 1988, the Domestic Policy Council will review implementation of the E.O. and address other federalism policy issues that arise. Fraud, Waste and Abuse. The President's Council on Integrity and Efficiency (PCIE), consisting of department and agency Inspector Generals, focuses on eliminating fraud, waste and abuse in governmental programs. Six-month reports will continue to be made to the President through the Council during 1988. TAB 5 1988 PLANS Page Four Global Climate. The Global Climate Protection Act was signed by the President in December 1987. It requires the development of a national policy on global climate change and a U.S. leadership role in working for greater international cooperation in limiting global climate change. In support of these goals, the Council may be asked to take up this issue during 1988. Homelessness. In 1987, an Interagency Council on the Homeless was established in law to review Federal activities and programs aimed at assisting homeless individuals, to reduce duplication among Federal programs and activities, to recommend improvements to such programs, and to provide professional and technical assistance to States and local governments. In 1988, the Domestic Policy Council will review recommendations by the Interagency Council. Low Income Opportunity. In 1987 the President approved a national strategy for seeking legislation supporting long-term, State sponsored, local government demonstrations that would lead to true welfare reform. Also in 1987, a Low Income Opportunity Advisory Board was formed by the President to assist States in obtaining waivers of current welfare rules, so as to speed up innovative demonstration projects. In 1988, the Council will receive periodic reports from the Board on the progess of relevant legislation, and results of State demonstrations. Management Improvement. The Domestic Policy Council has worked with the President's Council on Management Improvement (PCMI) on development and implementation of the President's Management Improvement Program. In 1988, priorities will be improving governmental financial management, increasing sales of loan assets held by the Federal government, implementing agency productivity plans with emphasis on quality, furthering use of technology by Federal agencies, and examining Federal workforce needs for the future. The Domestic Policy Council will receive reports on results and accomplishments. Marine Debris. In 1987, the Council formed a Task Force to identify current Administration activities, and propose initiatives for eliminating persistent marine debris polluting oceans and waterways. The use of satellites to enforce environmental laws will also be examined. An interim report has been completed, with final recommendations due to the Council in the spring of 1988. NOx Protocol. In 1987, a U.S. delegation participated in U.N. negotiations of an international protocol to limit emissions of nitrogen oxides. In 1988, the U.S. delegation will require final instructions and authorization to sign a protocol. The Council may be asked to provide Administration policy guidance and instructions for these negotiations. TAB 5 1988 PLANS Page Five Outdoor Recreation Resources and Opportunity. In 1987, the Council formed a Task Force to review the report of the President's Commission on Americans Outdoors, and to propose policies for improving outdoor recreational resources and opportunities for Americans in the 1990s and beyond. In 1988, the Council will review the Task Force's specific policy proposals. Privatization. The Council established a Working Group in 1986 to study privatization of Federal government activities and programs. In 1987, the President established a Privatization Commission to develop additional recommendations. In 1988, the Council will review the Commission's report. Also, comprehensive studies, pilot projects, direct privatization of selected Federal activities, and continued emphasis on contracting-out have been proposed in the President's 1989 Budget. *Stratospheric Ozone. In 1987, the U.S. signed an international protocol to reduce emissions of chemicals causing a depletion of the stratospheric ozone layer. The protocol was submitted to Congress for ratification, which should occur in 1988. Further Council action on this issue will depend on Congressional and international responses. *Superconducting Super Collider (SSC). In 1987, the President approved proceeding with the SSC project as proposed by the Department of Energy. Several important decisions are due in 1988, although they will not likely require Council activity. Urban Policy. The President's National Urban Policy report is submitted to Congress every two years. It describes economic and social conditions of urban areas and the activities of Federal, State, and local government organizations in addressing urban problems. The report will be presented to the Council in mid-1988. *Other Issues. The Council will discuss other specific domestic issues that may confront the Administration throughout the year. THE WHITE HOUSE WASHINGTON January 23, 1987 MEMORANDUM FOR EDWIN MEESE III DONALD T. REGAN FROM: RALPH C. BLEDSOE, RackBledse Executive Secretary SUBJECT: Domestic Policy Council 1986 Review and 1987 Plans This report contains a summary of the activities and accomplish- ments of the Domestic Policy Council (DPC) in 1986, and current preliminary plans for 1987. 1986 Activities Meetings - Forty-eight meetings were held in 1986, twelve chaired by the President. (See Tab 1.) Issues - The Council discussed twenty-eight different policy issues during 1986 in the following areas (See Tab 2.) : Energy - - 2 Environment - 2 Federalism and Intergovernmental - 3 Government Operations and Management - 5 Health and Human Services - 6 Justice and Legal - 6 Science - 2 Transportation - 2 Presidential Decisions - The President made decisions on 19 of the issues presented to him by the Council. (See Tab 3.) Working Groups Eleven Council working groups were active and presented reports to the Council during the year. (See Tab 4.) 1987 Plans During the first three months of 1987, the Council will focus on major policy issues and areas to be stressed by the President in the State of the Union message, the FY 1988 President's Budget, and the Administration's legislative agenda. These include, but are not limited to Welfare, Catastrophic Illness Insurance, Education, Federalism, and the Family. (See Tab 5.) copy: Alfred H. Kingon. Tab / DPC meetings TAB 1 DPC MEETINGS 1986 DPC MEETINGS AND AGENDA ITEMS (*-With The President) Meeting # Meeting Date Agenda Items 26 January 22 - Invironmental Policy - National Energy Policy Plan (NEPP) *27 February 5 - Low Income Opportunity 28 February 12 - Acid Rain *29 February 18 - Acid Rain - National Energy Policy Plan (NEPP) *30 February 25 - Environmental Policy - Management & FY87 Budget 31 February 26 - Liability Insurance Availability - Federalism 32 March 6 - Tort Policy 33 March 12 - Low Income Opportunity *34 March 17 - Tort Policy 35 April 2 - Low Income Opportunity - Federal Personnel Issues *36 April 10 - Drug Enforcement Policy Board Report 37 April 28 - Privatization - Legal Policy Changes 38 May 5 - Safety Belt Use By Federal Employees 39 May 7 - Federal Personnel Issues: Personnel Reduction Policy, Federal Civilian Retirement Plan, Alternative Personnel System 40 May 19 - Strategic Petroleum Reserve 41 May 20 - Organ Transplantation - Biotechnology 42 May 29 - Affirmative Action (Court Cases) 43 June 16 - Strategic Petroleum Reserve 44 June 30 - Management Improvement Legislation 45 July 9 - Low Income Opportunity - Strategic Petroleum Reserve Options 46 July 15 - Drug Abuse Policy 47 July 21 - Strategic Petroleum Reserve 48 July 22 - Drug Abuse Policy 49 July 24 - Speed Limit - Drug Abuse Policy *50 July 25 - Drug Abuse Policy 51 July 30 - Quiet Title - Drug Abuse Policy 52 July 31 - Drug Abuse Policy *53 August 4 - Drug Abuse Policy (Full Cabinet) *54 August 5 - Strategic Petroleum Reserve 55 August 6 - National Urban Policy Report 56 September 8 - Drug Abuse Policy 57 September 10 - Drug Abuse Policy ** September 11 - Drug Abuse Policy CABINET MEETING 58 October 1 - AIDS 59 October 15 - Drug Abuse Policy - Federalism 60 October 29 - Federalism - Emergency Management 61 November 5 - Federalism - Economic Indicators Legislation 62 November 12 - Family Working Group Report *63 (A.M.) November 17 - Federalism 64 (P.M.) November 17 - Family Working Group Report 65 November 19 - Catastrophic Illness Insurance *66 December 2 - Family Working Group Report 67 December 3 - Low Income Opportunity - Catastrophic Illness Insurance *68 (A.M.) December 12 - Low Income Opportunity 69 (P.M.) December 12 - Catastrophic Illness Insurance *70 December 15 - Catastrophic Illness Insurance 71 December 17 - Superconducting Super Collider 72 December 22 - Superconducting Super Collider *73 December 23 - Catastrophic Illness Insurance Tab 2 DPC Issues TAB 2 DPC ISSUES ISSUES ADDRESSED BY DPC IN 1986 (*-With The President) ISSUE DATE O Acid Rain 2/12, *2/18 O Acquired Immune Deficiency Syndrome (AIDS) 10/1 O Affirmative Action 5/29 Biotechnology 5/20 O Catastrophic Illness Insurance 11/19, 12/3, 12/12, *12/15, *12/23 O Drug Abuse Policy 7/15, 7/22, 7/24, *7/25, 7/30, 7/31, *8/4, 9/8, 9/10, *9/11, 10/15 O Drug Enforcement Policy Board Report 4/10 Economic Indicators Legislation 11/5 Emergency Management 10/29 Environmental Policy 1/22, *2/25 o Family Working Group Report 11/12, 11/17, *12/2 O Federal Personnel Issues 4/2, 5/7 O Federalism 2/26, 10/15, 10/29, 11/5, *11/17 O Legal Policy Changes 4/28 O Liability Insurance Availability 2/26 O Low Income Opportunity *2/5, 3/12, 4/2, 7/9, 12/3, *12/12 Management & FY87 Budget *2/25 O Management Improvement Legislation 6/30 O National Energy Policy Plan (NEPP) 1/22, *2/18 O National Urban Policy Report 8/6 O Organ Transplantation 5/20 O Privatization 4/28 O Quiet Title 7.00 O Safety Belt Use By Federal Employees 5/5 o Speed Limit 7/24 O Strategic Petroleum Reserve (SPR) 5/19, 6/16, 7/9, 7/21, *8/5 o Superconducting Super Collider (SSC) 12/17, 12/22 O Tort Policy 3/6, *3/17 STATUS OF ISSUES O Acid Rain. The Domestic Policy Council met twice in 1986 to review the U.S.-Canadian Report of the Special Envoys on Acid Rain. A plan for implementing the report's recommendation was developed and approved by the President in February, 1986, prior to his March, 1986 meeting with Prime Minister Mulroney. U.S. actions for 1987 are now being considered by the Council in preparation for April, 1987 meetin between the President and the Prime Minister. The Council's Working Group on Energy, Natural Resources and Environment is coordinating acid rain policy efforts. O Acquired Immune Deficiency Syndrome (AIDS). Administration AIDS policy covers steps the Federal government is taking to combat this epidemic disease. The Council's Health Policy Working Group is responsible for coordinating AIDS research and prevention activities and for reporting to the Council. In his 1986 State of the Union message, the President asked the Surgeon General to issue a report to the American people on AIDS. The report was presented to the DPC in October, 1986 and sent to the President. Several hundred thousand copies have since been distributed. The Working Group is considering how to implement other initiatives approved by the President, including: a major education effort to prevent AIDS; encouraging Federal, State, and local authorities to take steps to lessen the risk of the spread of AIDS infection; and generally dealing with AIDS as a major public health problem with particular emphasis on educating the public. O Affirmative Action. In 1986, the Council discussed the Supreme Court's four decisions dealing with affirmative action programs and concluded that the cases required no change in current government policies. During 1987, the Council will again address the Administration's affirmative action policy after the Supreme Court decides two more cases now under consideration. O Agent Orange. Administration policy on this issue addresses how to ensure that the government has examined possible impacts of Agent Orange on people who have been exposed to this chemical. The Agent Orange Working Group met several times, but no Council meetings were held on this issue in 1986. Since its inception, the Working Group has coordinated about 155 studies, with another dozen due to be completed by 1988-89. A protocol was developed by HHS in October, 1986, using blood rather than tissue to test 400 military personnel who might have been exposed to Agent Orange. If the results show a positive correlation, a larger group of individuals will be tested. Biotechnology. A coordinated framework for the regulation of biotechnology was approved by the President and published in the Federal Register in 1986. Future activities include preparing recommendations for commercialization, intellectual property protection, and technology transfer of biotechnology developments. The Working Group on Biotechnology now serves as a sub group of the Energy, Natural Resources and the Environment Working Group and will report through that group to the Council. O Catastrophic Health Insurance. In his 1986 State of the Union message, the President directed Secretary Bowen to develop proposals for private sector and government cooperation in providing health insurance to cover the costs of catastrophic illnesses that could wipe out a family's life savings. Responding to the President's charge, Secretary Bowen issued a report in November, 1986, containing several proposals. The Council's Working Group on Health Policy studied the report and prepared additional options. The Council debated the options and presented them to the President in December, 1986. The President will announce his decision in the 1987 State of the Union message. o Drug Abuse Policy. The Administration's drug abuse policy covers actions to decrease and prevent drug abuse in America. In July, 1986, the Working Group on Drug Abuse Policy was established and after several meetings with the Council, a report was issued containing steps to be taken to combat illegal drug use. The President announced a six-point program in September, 1986, including an Administration bill. Major portions of this bill were adopted by the 99th Congress and are now law. A number of other steps were taken by Executive Agencies to reduce the demand for drugs and to continue enforcing the laws against drug trafficking. The Working Group and the National Drug Enforcement Policy Board will monitor the Administration's efforts to control drug abuse and ensure the implementation of Administration policy in accord with the President's six goals. O Economic Indicators Legislation. This issue is whether to propose legislation containing criminal penalties for personal speculation and gain from use of Commerce Department statistics prior to their official release. Penalties would also be prescribed for individuals who knowingly accept and use such illegally released information. The Council agreed that Commerce should develop and submit legislative proposals covering these acts. The proposed legislation is currently in the OMB clearance process. O Emergency Management. The Council actively participated in a national security management exercise in 1986, and discussed how to improve the coordination by federal domestic agencies being major emergencies. The Council's Working Group on Management and Administration is interacting with the Federal Emergency Management Agency (FEMA) to develop a generic emergency management response model for domestic disasters and national security crises, and to propose needed legislative changes. O Environmental Policy. In January, 1986, the Council discussed Environmental Protection Agency (EPA) plans to amend laws and regulations so that they protect the environment and are mindful of economic costs and consequences. This issue was discussed with the President, who encouraged the EPA to continue its policies that further "environmental federalism" by working with states, and to increase the flexibility of environmental regulation. Other regulatory and legislative changes are also being developed. O Family Policy. The President asked the Council to establish a working group to report on the condition of American families, and to suggest changes in policies, programs and practices to strengthen families. After eight months of deliberation and study, the Working Group on the Family issued a report in November, 1986, recommending several pro-family policy initiatives. These included issuing a statement of principles, and developing an executive order requiring agencies to judge current programs, legislative proposals, grants and contracts by pro-family criteria. The report was presented to the President in December. In January, 1987, the President approved further development of the recommendations. O Federal Personnel Issues. In April, and May, 1986, the Council was briefed on several initiatives to improve government personnel policies. These included measures for allowing more flexible retirement programs, introduction of "pay for performance," and an alternative personnel management system based on the Navy's China Lake experiment. The President approved the alternative personnel proposals containing pay for performance sections, and legislation was introduced but not passed. OPM intends to propose similar legislation in 1987. O Federalism. In April, 1986, the President approved a Statement of Principles on Federalism, developed by the Council's Working Group on Federalism. These principles were distributed to all executive agencies, governors, and other Federal and State officials. The Working Group also produced a report on "The Status of Federalism in America," which was presented to the President and released to the public in November. Several specific actions were recommended to ensure that federalism is given greater consideration in the Congressional decision making process, and to ensure that federalism implications of Executive Branch agency actions are thoroughly reviewed. It was also proposed that States be encouraged to adopt uniform laws, enter into interstate compacts, and establish a clearinghouse to share information and ideas. The Council recommended that the President approve the report and authorize further development of the actions for his subsequent review and approval. In January, 1987, the President approved the report and development of its recommendations. O Legal Policy Changes. In April, 1986, the Council discussed development of policies to better handle consent decrees, Special Masters, and presidential signing statements. Consent decrees will be more closely examined in the future because of the constraints they place on executive discretion and jurisdiction. In addition, more authority will be exercised on payment and criteria for selection of Special Masters and when to appoint them, since the experience is that they are becoming a fourth tier of the judiciary, and are performing functions that conflict with the Executive Branch. A process for declaring Presidential intent at the time of signing formal documents will also be developed by a Justice study group, to aid in judicial interpretations of intent. The Justice Department will handle each of these. O Liability Insurance Availability. This issue pertains to the growing problem governments, schools, professionals, and manufacturers have in obtaining liability insurance. It was discussed in February, 1986, and resulted in the Council tasking the Tort Policy Working Group to develop specific proposals. This was later discussed in the Working Group report on tort reform. O Low Income Opportunity. In his 1986 State of the Union message, the President directed that the Council present "an evaluation of programs and a strategy for immediate action to meet the financial, educational, social and safety concerns of poor families In December, 1986, the Council's Low Income Opportunity Working Group issued "Up From Dependency,' a report that described federal welfare programs, assessed their successes and failures, and proposed a new national welfare strategy. Legislation would be developed to implement this national strategy. The Council discussed the report's findings in November, 1986 and presented the report to the President in December. In January, 1987, the President approved implementation of the national strategy. O Management Improvement Legislation. This issue is how to continue the Administration's record of improving government management. In June, 1986, OMB briefed the Council on management improvements to date, suggesting that all agencies need to do more to achieve the President's objectives. The Council asked OMB to prepare agency goals, and develop indicators to judge management performance in executive departments and agencies. OMB will present these indicators to the Council and the President in early 1987, along with reports on the efforts of the President's Council on Integrity and Efficiency, and the President's Council on Management Improvement. Additional goals and initiatives will be reflected in the President's 1988 Management Report. National Energy Policy Plan. The National Energy Policy Plan was discussed with the President in February, 1986. The Plan was developed by the Department of Energy to indicate major energy developments, and to determine if the U.S. has the proper policies to assure an adequate, long-term supply of energy. Secretary Herrington stressed that energy supplies are currently adequate and they are working to increase the domestic supply of energy by reducing regulations and price controls. The President approved publication of the Plan. He also asked the Energy, Natural Resources and Environment Working Group to do a special study of energy security, which will be discussed by the Council early in 1987. National Urban Policy. Secretary Pierce presented the Administration's bienniel report on National Urban Policy to the Council in August, 1986. The report's goal is to promote policies that improve urban life by increasing economic opportunity and self-sufficiency. The President received the report in August, approved it, and transmitted it to Congress. The report will be published early in 1987. Organ Transplantation. This issue was whether expenses for heart transplants should be covered under Medicare. Secretary Bowen presented options to the Council in May, 1986. The President approved a policy in which heart transplantations would no longer be considered experimental, and Medicare payments for these transplants would be permitted, provided the institutions where they are performed meet criteria specified by HHS. On October 17, 1986, a notice was published in the Federal Register proposing the specific guidelines for approval of hospitals as transplant centers under Medicare. Approval of the rules from HHS and OMB will be finalized in early 1987. Privatization. The issue is how to make both the economy and the government more efficient by putting selected government assets and operations into private hands. A Council working group studied the sale or contracting-out of several federal operations and services, and presented its preliminary findings to the Council in April, 1986. Privatization proposals have been included as part of the President's FY 1988 budget message. Quiet Title. This issue was whether to amend the Quiet Title Act to waive the statute of limitations and allow state claims against federal real property beyond 12 years. The Council discussed various options in July, 1986, and the President agreed to support legislation waiving the statute for certain kinds of properties. Congress passed quiet title legislation containing the Administration's preferences late in 1986. Safety Belt Use by Federal Employees. This issue was brought to the Council in May, 1986, by Secretary Dole, who asked the Council to address the question of whether an Executive Order should be issued requiring safety belt use by federal employees on official business. The President approved and signed an Executive Order on September 26, 1986, establishing a safety belt use policy for federal employees. Speed Limit. In July, 1986, the Council discussed the issue of whether we should seek to repeal the National Maximum Speed Limit Act, which was passed in 1974. Various options were considered, including modifying the law to permit each state to develop their own limits, or to raise the national limit. The Council agreed to prepare arguments and options for the President, to be discussed at a time determined by the President. Further action on the issue has been delayed until Congress passes the federal highway and mass transit bill. Strategic Petroleum Reserve. The policy of how much and how fast to fill the U.S. Strategic Petroleum Reserve as insurance against a time of world shortage or crisis, was discussed by the Council several times in 1986. In August, the President reaffirmed the goal of a 750 million barrels reserve, and authorized DOE to fill the SPR at a rate of 35,000 barrels of oil per day, the minimum fill rate mandated by Congress. He also authorized the Secretary of Energy to consider additional purchases if domestic oil prices fall below $12 a barrel. Superconducting Super Collider (SSC). This issue is whether the federal government should fund construction of the Superconducting Super Collider, a powerful accelerator for the study of atoms and building blocks of matter. The effort is estimated to cost between $4.5 billion and $6 billion over a ten-year period. The Council was briefed on this project in December, 1986, but could not reach a consensus on a recommendation to the President. The issue will be discussed with the President early in 1987. Tort Reform Policy. This issue grew out of the discussion of liability insurance availability. In February, 1986, the Working Group on Tort Policy issued a report containing recommendations for legislation on product liability, government contractor liability, and Federal government liability. The President approved the recommendations in March, 1986, and legislation was introduced but not passed. A number of states have modified their laws consistent with the principles developed by the working group, which should lessen the pressure for federal tort reforms. Legislation will again be proposed in 1987. Tab 3 Presidential Decisions TAB 3 PRESIDENTIAL DECISIONS PRESIDENTIAL DECISIONS Acid Rain - The President approved the U.S. position for his talks with Prime Minister Mulroney, which was to attempt to obtain funding for acid rain research as called for in the report of the special envoys. The options were presented to him in a Council meeting on February 18, 1986. Acquired Immune Deficiency Syndrome (AIDS) - In his 1986 State of the Union message, the President directed the Surgeon General to issue a report to the American people on AIDS. This was completed in October, 1986. Biotechnology - The President approved the Coordinated Framework for publication in the Federal Register. A decision memorandum was signed on June 11, 1986. Catastrophic Illness Insurance - In January, 1987, the President approved proposing legislation and other actions to increase the availability and affordability of catastrophic illness insurance. The options were presented to him in a meeting on December 23, 1986. Drug Abuse Policy The President decided to seek to modify the Mansfield Amendment; include the death penalty for major drug traffickers where a death follows; authorize agencies the discretion to test applicants for all positions; define sensitive posititions as general description only; submit the proposed legislative package to support the Administration's six drug ause policy goals; develop and implement an Executive Order to achieve a drug-free Federal workforce and implement the action steps recommended by the Working Group on Drug Abuse Policy and the National Drug Enforcement Policy Board. These actions were presented to him at a Council meeting on July 25, 1986. Drug Enforcement Policy Board Report - The President accepted the report on April 10, 1986. Environmental Policy - The President concurred in the new decision making approach of the Environmental Protection Agency, and accepted the report of the Council on Environ- mental Quality at a Council meeting on February 25, 1986. Family - In January, 1987, the President approved development of proposals presented by the Family Working Group at a Council meeting on December 2, 1986. These included drafting a new Executive Order, preparing a nation-wide communications plan, and developing other executive and legislation actions. Federal Personnel Management - The President approved supporting legislation to incrementally expand alternative personnel system improvements throughout the Federal workforce in a controlled, measured, and budget-neutral manner. He signed a decision memorandum on April 21, 1986. Federalism - In January, 1987, the President approved development of proposals presented by the Federalism Working Group at a Council meeting on November 17, 1986. These included preparing an Executive Order, and developing other legislation and executive actions. Low Income Opportunity - In January, 1987, the President approved implementation of a national strategy for seeking legislation to begin long-term, State-sponsored demonstration projects presented at a Council meeting on December 12, 1986. Management Improvement - The President signed an Executive Order on Productivity, and an Executive Order revoking outdated Orders at a Council meeting on February 25, 1986. National Energy Policy Plan - The President approved issuance of the National Energy Policy Plan presented to him at a Council meeting on February 18, 1986. National Urban Policy - The President approved issuance of this report which was sent to him in August, 1986. Organ Heart Transplantation - The President approved allowing Medicare payment for heart transplants, in institutions that meet facility criteria established by HHS. A decision memorandum was signed by him on May 29, 1986. Quiet Title - The President approved the Administration's position and signed this legislation in October, 1986. Safety Belt Use by Federal Employees - The President approved an Executive Order establishing a safety belt use policy for Federal employees on June 9, 1986. Strategic Petroleum Reserve (SPR) - The President approved expanding the capacity of the SPR and retaining the fill goal of 750 million barrels. He decided to continue filling at the minimum legal requirement of 35,000 bpd through FY 1987 and reassess in one year. If oil goes below $12 a barrel domestic, the Secretary of Energy is to consider additional purchases. This was decided following a Council meeting on August 5, 1986. Tort Policy - The President approved drafting and submitting to Congress legislative proposals for product liability, government contractor liability, and Federal government liability tort reforms, as outlined by a Working Group report discussed with him in a Council meeting on March 14, 1986. Tab 4 Working Groups TAB 4 WORKING GROUPS DPC WORKING GROUPS Agent Orange - The Agent Orange Working Group is responsible for coordinating research and studies of the effects of Agent Orange on people who were exposed to this chemical. This Working Group consists of representa ives of four agencies - HHS, DOD, VA and OMB, and has coordinated over 155 studies. No Working Group reports were made to the Council in 1986. The chairman is Don Newman, Under Secretary of HHS. Biotechnology - This interagency group completed its major efforts in 1986, and now reports through the Energy, Natural Resources and Environment Working Group. It is to examine commercialization and technology transfer of developments in the field of biotechnology. Drug Abuse Policy - The Administration's Working Group on Drug Abuse Policy was established in July, 1986 to decrease and prevent drug abuse in America. The Working Group issued a report containing steps to be taken to combat illegal drug use. A number of other steps were taken by Executive Agencies to reduce the demand for drugs and to continue enforcing the laws against drug trafficking. The Working Group and the National Drug Enforcement Policy Board will monitor the Administration's efforts to control drug abuse and ensure the implementation of Administration policy in accord with the President's six goals. The Acting Chairman is Ralph Bledsoe, Executive Secretary of the Domestic Policy Council. Energy, National Resources and the Environment. This Working Group is responsible for issues affecting domestic energy regulation, production, and use; regulation, protection, and enhancement of our natural environment; regulation, production, and the use of natural resource commodities, including minerals, timber, and industrial feedstocks; selected agricultural policies; and certain international trade and global trends in the above areas. During the year, the Working Group developed a plan for implementation of the report of the Joint Envoys on Acid Rain, drafted legislation to quiet title to certain lands, and prepared a plan for affirmation of our strategic petroleum reserve goals. Each of these were addressed by the President. The Working Group also developed a presentation to the President on environmental protection strategy and accomplishments, and shaped the issues under consideration by the high level Working Group on Energy Security. The Chairman is Ralph Bledsoe, Executive Secretary of the Domestic Policy Council. O Family Policy - The Working Group on the Family was established in March, 1986, and was directed to develop a report on the condition of the American family; inventory and evaluate public policies, programs and practices; and suggest changes that would enable the Administration to support and strengthen families. A report was presented to the President in December, 1986. The Chairman is Gary Bauer, Under Secretary of Education. O Federalism - The Working Group on Federalism is responsible for creating a basic, Administration-wide strategy for rooting constitutional federalism principles in federal law and regulations. This includes identifying endeavors which may be privatized or devolved to State or local governments; develop- ing opportunities for block grants, regulatory relief, simplified crosscutting requirements, and increased state and local flexibility; developing management improvements for categorical programs; and proposing measures to improve federal responsiveness to state and local concerns. The Working Group submitted a "Statement of Federalism Principles" which the President signed in April, 1986, and presented a report to the President on "The Status of Federalism in America." The Working Group suggested three kinds of actions: legislative, executive, and development of a constitutional amendment. The Chairman is Charles Cooper, Assistant Attorney General and Legal Council in the Department of Justice. Health Policy and Economics - This Working Group is responsible for identifying health policy issues and for developing policy options for the Council in such areas as: the structure and financing of Medicare and Medicaid programs; the adequacy of the health care system to meet the needs of various groups of Americans; the impact of tax policy on health care spending; and relationships between VA and DOD health programs, among others. In 1986, the Working Group studied catastrophic health care and prepared a report with a series of recommendations for the Council. The Working Group also addressed Medicare coverage for heart transplants and discussed facility criteria established by HHS for institutions authorized to perform heart transplants. The Chairman is Bill Roper, Administrator of the Health Care Financing Administration, Department of HHS. O Low Income Opportunity - This Working Group was established to catalogue and assess the array of government low income assistance programs, and to carry out the President's 1986 State of the Union charge to present "an evaluation of programs and a strategy for immediate action to meet the financial, educational, social, and safety concerns of poor families." In December, the Working Group issued a report, "Up From Dependency," and presented it to the President, with proposals for a new national strategy for improving the welfare system. The Chairman is Charles Hobbs, Acting Assistant to the President for Policy Development. Management and Administration - This Working Group is responsible for developing and monitoring ways to improve federal government management. The Working Group works closely with the President's Council on Management Improvement, an inter-departmental committee that coordinates management improvements within the executive branch. The Working Group Chairman is Ralph Bledsoe, Executive Secretary of the Domestic Policy Council. Privatization - The Privatization Working Group identifies federal government assets and operations that could be better run in the private sector, and recommends strategies for achieving this. The Working Group has worked closely with OMB, which has also identified candidates for privatization as part of the President's annual budget and legislative messages. The Chairman is Tom Moore, a member Council of Economic Advisors. Tort Law Policy. This Working Group oversees policy development activities on toxic torts and compensation, and vaccine supply and liability. It is responsible for monitoring and analyzing legislative and judicial activity in areas relating to tort law, for identifying relevant issues and options, and for making appropriate policy recommendations to the Council. The Working Group issued a report in February, 1986, on proposed reforms of product liability, government liability, and government contractor liability laws. The Working Group drafted legislative proposals which were approved by OMB, and sent to Congress in June of 1986. The Chairman is Richard Willard, Assistant Attorney General at Justice. Tab 5 1987 Plans TAB 5 1987 Plans 1987 PLANS During the first three months of 1987, the Domestic Policy Council will concentrate on policy issues and matters arising from the President's 1987 State of the Union Message, actions necessary under the approved FY 1987 budget, initiamives contained in the President's FY 1988 budget, and policy initiatives developed by Council Working Groups. Priorities will be given to: promoting policies that recognize the importance of education as the main transmitter of our shared history and values, and as the primary means of escape from poverty for America's poor; seeking solutions to reduce the dependency of people on the welfare system, through a national strategy of long term state-sponsored demonstration programs; public policies that strengthen the role and bond of families in American life. expanding principles of private health plan options, reducing the costs of health care while improving its quality, finding a cure for AIDS, and increasing the availability and affordability of catastrophic illness insurance for all Americans; reducing the supply of illegal drugs and supporting actions to achieve a drug-free America through drug abuse prevention, treatment and awareness; bringing quality housing and ownership within the reach of all Americans, including poor families; developing and implementing executive actions, and proposing legislative actions to strengthen our federalist system; restoring a balance between enforcing the rules of a civilized society and sustaining human liberty; protecting our environment, as we improve our energy security; improving our ability to manage domestic natural disasters and emergency situations; modernizing our transportation systems, while making them safer for the traveling public; and other vital issues. THE PRESIDENT'S DOMESTIC POLICY DEVELOPMENT PROCESS A Presentation to the OPM "Administration of Public Policy" Seminar Denver, Colorado March 24, 1986 INTRODUCTION Good Morning! I trust that everyone had a boring weekend and that your all happy to be "back in school" on Monday morning! As I looked over the many interesting topics in your program in preparation for this presentation, I thought that maybe I should be on the "listening side" rather than than the "talking side" at this seminar. And now, as I look out over this room and see the wealth of experience assembled here, I'm even more convinced that I may be able to learn more today than I could hope to teach. I'm sure that many of you have a great interest in our Domestic Policy. This morning I hope to pass along some information on Presidential decision making and to stimulate group discussion on the policy process as well as several domestic issues. My presentation will be organized into three main parts: Presidential Decision Making and the Philosophy of Cabinet Government; Developing Domestic Policy; and, An Overview of current Domestic Issues. If we have time, I would also like to focus on one specific domestic issue which should be of interest to all of you: Management and the FY87 Budget. I encourage you to ask questions during the presentation, and I will set aside time for discussion at the end of each topic. PRESIDENTIAL DECISION MAKING AND CABINET GOVERNMENT Background Congressional decision making is often called translucent because of its open nature. (Of course, that's if and when decisions are actually made!) After a few days on the hill, an observer can easily begin to recognize the Congressional system and understand their decision making process. Presidential decision making, on other hand, is sometimes viewed much more "mysteriously" - in large part, to the "closed door" nature of most esidential meetings. But I also think that this impression is to the significantly different approaches which recent Presidents have taken towards policy development. I hope to .spell some of the "mystery" this morning. importance of Presidential decision making is probably intuitively obvious to most of you. But it takes on an even greater significance when the President's "center stage" role is considered within our democratic system which is solidly based in the principle of division of power. Although many have said that the President only has the power to persuade, it is essential that he and his advisors recognize the true weight of their influence, understand the factors which impact their decisions, and proceed in a thoughtful, preplanned manner. I'm reminded of the newly assigned Captain of a battleship. (insert battleship joke) In all seriousness, Presidents also have to watch for reefs and lighthouses. Their decisions cannot usually be made by starting with a clean slate and a free hand. Decisions are often influenced by: Campaign promises; The decisions of previous Presidents; or, Unforeseen external events. Decisions must also be made recognizing implementation constraints directly impacting the executive branch such as: Congressional use of budget and oversight powers to directly influence the actions of Cabinet Officers; The influence of constituencies who feel that they should be represented by Cabinet Departments and major Agencies; and, The large, complex executive branch supporting structure which must be called upon to implement policy decisions, i.e. all of us! In his book Presidential Decision Making, Roger Porter discusses three basic strategies which recent president's have followed to organize the pattern of advice which they receive from their immediate staff and from executive departments and agencies. (Roger served on the Economic Policy Council during the Ford Administration and until last year was the Director of the Office of Policy Development for President Reagan. I think his book is available in the Center library for those of you who want to pursue this topic a little further.) Executive Secretary ofthe Cabinet Council on Econ Affairs and A. hough the three basic decision making strategies are not ually exclusive, they can be categorized as: Adhocracy, Centralized Management, and Multiple Advocacy. Let's briefly look at the characteristics of each of these approaches: Under Adhocracy, there are very few regular or systematic channels to provide advice to the President. Instead, the President often distributes assignments and selects whom he listens to and when. Different advisors may be given competing assignments to develop an initiative. Random distribution of assignments and responsibilities can often result in "turf" battles. (FDR created considerable internal chaos using this approach; LBJ tried this strategy with mixed results.) Adhocracy often emerges in the early weeks and months of a new administration as the principle officials learn about each other and begin to govern after months of campaigning. As its name implies, Adhocracy relies on ad hoc groups and arrangements, and usually operates under the direction of advocates. The degree of departmental participation depends upon the individual who organizes the information for the President and will vary considerably from issue to issue. Recent examples of policies developed by advocates using this approach are: the Carter energy program developed by James Schlesinger; the welfare reform proposals which Joseph Califano also developed for President Carter; and the Carter tax reform proposals developed by Michael Blumenthal. Centralized Management emphasizes heavy reliance on the White House staff and the Executive Office of the President. Ideas, proposals, and department recommendations are filtered by these staffs before they are presented to the President. This approach usually grows from a desire for analysis and recommendations from individuals who share the President's perspective. In this system, the President's staff not only closely manages the flow of communications between the departments and the President, but, "in theory", it also provides neutral, objective analysis, and structures policy alternatives to transcend departmental parochialism. This approach began to dominate the Nixon White House, and resulted in reduced reliance upon the Cabinet and considerable staff growth as the President's advisors attempted to duplicate and compete with the analytical depth of the various departments and agencies. By contrast, Multiple Advocacy is an open system designed to systematically expose the President to competing arguments and viewpoints with well defined policy options. Positions are personnally presented by the advocates themselves. However, chaos is avoided by a well defined process which is managed by an "honest broker" who ensures that all interested parties are represented and that the debate is structured and balanced. This approach emphasizes careful weighing of views, and is based on the philosophy that the best method for developing policy is an orderly, systematic and balanced competition of ideas. The nest broker and his staff do not serve as biased intermediaries ween departmental advocates and the President; but, they are more than just gatekeepers. They seek to promote a genuine mpetition of ideas, to broaden the range of options or engthen inadequately represented viewpoints, and, in short, work to ensure due process and quality control. All decision-making approaches have certain advantages and limitations and Presidents have made versitile use of all three from time to time. However, given proper staff behavior and continuity (and sometimes that's asking a lot!), multiple advocacy presents several significant advantages: All points of view are represented and alternative courses of action are fully explored; Policy is developed within the context of the political forces which will later impact its successful implementation; and, The President's influence is strengthened throughout the executive branch by a process that mobilizes resources more systematically than does adhocracy and more completely than does centralized management. There's no doubt it - Multiple Advocacy requires teamwork! It relies heavily upon a stable core of senior advisors and principle advocates who are willing to share responsibility for collectively providing the President with: breadth and depth in his decision making over an entire range of issues --in broad policy areas. But Multiple Advocacy works! The President's success to date is in no small part due to his basic decision-making philosophy and its supporting structure. C Philosphy The President's Domestic Policy process was developed around the principles of multiple advocacy and is structured to support Cabinet Government. The White House and the Department and Agency staffs are jointly involved in the policy development process; Issues which surface from a wide range of sources are properly analyzed, developed, and refined on an interagency basis; 5 Divergent viewpoints are expressed and debated internally and issue papers are prepared with competing decision options; Policy is set by formal decision after cabinet level discussion; and, Policy is implemented by Department and Agency officials who were directly involved in policy development. The First Term - The Cabinet Council System (Use viewgraphs to describe the President's previous cabinet council system.) The Cabinet Council system, which was utilized during the first term, can be described by the following key points: It was a high-level management tool to provide, as the President stated, " a means for deliberate consideration of major policy issues which affect the interests of more than one department or agency." The full Cabinet was consulted for government-wide issues. However, seven Cabinet Councils were established in the key policy areas of: Commerce and Trade; Economic Affairs; Food and Agriculture; Human Resources; Natural Resources and Environment; Legal Policy; and Management and Administration. Each Cabinet Council was chaired by the President, had a Chairman Pro Tempore of Cabinet Rank, and included selected Agency Heads and White House Officials. The Councils included the Vice President, the Assistant to the President for Policy Development, and the Chief of Staff as Ex Officio members. Each Council had an Executive Secretary to manage the process and serve as an "honest broker". The Councils allowed the President to function as the "Chief Chand Executive Officer" of a "corporate styled" government. Boad New issues and problems were anticipated and "crisis" issues were handled within an established framework with White House and Agency officials operating as a team. 8 The Domestic Policy Council generally focuses on current policy development and manages issues which will be ready for discussion and decision within a 90 day planning window. The council staff is headed by an Executive Secretary (my boss - Dr. Ralph Bledsoe) who manages the council process. Most of the information gathering, issue analysis, and development of options is performed within interagency working groups which generally include Assistant Secretaries supported by their respective staffs. Issue papers are physically prepared by the Working Groups and are presented to the DPC for review, discussion and decision. The Office of Cabinet Affairs focuses on day-to-day issues and decisions and coordinates all formal communications between the Departments and Agencies and the White House. They provide a single formal point of contact between the White House and Cabinet Staffs. Summary of Responsibilities The Office of Policy Development -Articulates the strategic domestic agenda Provides strategic policy development Participates in the DPC decision process The Office of Cabinet Affairs Represents the White House Senior Staff Coordinates formal communications Monitors policy development The Domestic Policy Council Defines the domestic agenda Formulates national policy -Directs issue-oriented Working Groups which: Frame policy issues Analyze supporting information Develop policy proposals and decision options -Works with Department and Agency Staffs which: Propose policy issues Staff and support Working Groups -- Implement Presidential decisions Policy Development and Implementation Once issues are identified as appropriate agenda items for consideration by the DPC, they are usually channeled into one of the topic-oriented standing Working Groups, or a special short-term Working Group may be established to handle an issue in a more specific topic area that requires specialized inter-agency analysis. The Second Term - The Domestic Policy Council On April 11, 1985, the President announced the creation of two cabinet-level bodies to assist him in the formulation and execution of domestic and economic policy. The Domestic and Economic Policy Councils replaced the seven Cabinet Councils with the intent of streamlining policy development and decision making. The two new councils together with the National Security Council constitute the primary channels for advising the President on policy matters. The budget system also provides a parallel process for addressing issues which are primarily budget driven. From the President's perspective, however, the shift did not represent a major change since policy decisions were presented to him in substantially the same manner as under the Cabinet Council system. The Domestic Policy Council is chaired by the President and provides him with a single advisory group on domestic and social policy. The Attorney General serves as the Chairman Pro Tempore. Other members are: The Secretary of the Interior The Secretary of Health and Human Services The Secretary of Housing and Urban Development The Secretary of Energy The Secretary of Education The Director of the Office of Management and Budget The Vice President, the Chief of Staff, and the Assistant to the President for Policy Development serve as Ex Officio members of the DPC. Other interested Cabinet Officers and Agency Heads attend DPC meetings when they have an interest in specific issues. The Council staff is headed by an Executive Secretary who fulfills the role of "honest broker" and reports to the Chief of Staff through the Cabinet Secretary. The DPC relies heavily on interagency subcabinet level Working Groups to fully utilize the expertise and resources of the departments and agencies, and to provide a structure through which department initiatives can be fully considered. THE DOMESTIC POLICY PROCESS Approach The strength of cabinet government lies in the full involvement of departments and major agencies in proposing, developing, and implementing the President's policy. Drawbacks, such as additional coordination and time delays, can be minimized by an effective organizational structure and an efficient decision process which is known and understood by all "players". The President is very sensitive to the contributions which line officials from the departments and agencies can make in the decision-making process. He wants to get advice directly from the people who have a stake in the issue without filtering by White House intermediaries - even if this approach requires competing Key ISSUR views to be debated in front of him at council meetings. In addition to council discussions, the President also likes to review issue papers which outline options and their associated advantages and disadvantages before making a decision. A primary objective of the decision making process is to array before the President, in a simple and direct manner, all of the information he needs to make an informed decision. The process ensures that everyone gets his day in court. Once the decision-making process is completed and policy is established, the President then expects all officials in his Administration to fully support his final decision. Structure Three principle groups within the White House staff are actively involved in the Domestic Policy Process. (Use viewgraph showing organizational elements) The Office of Policy Development is a small group of senior analysts and advisors who report to the Assistant to the President for Policy Development. They focus on strategic policy development and generally work on issues or initiatives which will surface several months in the future. Once they have developed a specific proposal, it is input into the Domestic Policy Council process in much the same way as a proposal from a department or agency. Similiarly, OPD staffers participate in analyzing and shaping department and agency proposals as they proceed through the DPC process. 91 Working Groups will generally meet several times a month, depending upon the urgency of the issue, and will report back to the Council once they have developed specific options and, hopefully, a consensus recommendation. Sometimes Working Groups which are handling more complex issues, schedule a series of presentations to the DPC over the course of several months. Other issues are "finalized" more quickly and Council decisions are obtained within a matter of weeks (or even days in extremely urgent cases). In most cases the Chairman Pro Tempore will convene the Council without the President for the initial discussion of an issue. In some cases, where a general consensus exists for a particular course of action, policy can be set by the Council without meeting with the President. This approach is consistent with the Administration's philosophy of making decisions at the lowest responsible level within government. If differences exist after thorough analysis and discussion, competing options are framed by the interested parties with their respective pros and cons and presented to the President personally and in a written issue paper. In many cases, alternative implementation strategies and the politics associated with a particular issue are also weighed in the Council before a final decision is made. The President's time is a valuable commodity. But, as Chairman of the Council, he is an active participant in DPC decisions. As I indicated earlier, true cabinet government facilitates unconstrained debate between alternative points of view before the final decision is made by the Chief Executive. But, the best policy decision in the world is worthless if it cannot be effectively implemented. Once a DPC decision is made, the charge to implement it is handed back to the lead agency which originated the proposal. If they "did their homework", the Council probably supported their position and they should have a "head of steam" to sustain them in initiating the required action. If their proposal was modified, they can feel satisfied that they were active participants in the policy development process, and that they are now charged to implement the sense of the Council and the decision of the President. Whether administrative or legislative action is required, the President's decision-making process allows objections within the Executive Branch to be made and hopefully resolved before a decision is made and action is initiated. Although the upfront work may take time and sometimes prove difficult, experience has proven that it is better to work out the problems first, and to then approach implementation with a unified Administration position and the full support of the President. DOMESTIC ISSUES America's Agenda for the Future The President's message to the Congress following the State of the Union address outlined the key domestic issues facing our government in the months and years ahead. (Refer to the fact sheet for any discussion or questions) The message had four broad themes: Preparing for a decade of economic growth; Defining our values for a modern age; Advancing the technological era; and, Expanding the family of free nations. The major topics included under the two domestic themes were: Education Welfare Health Justice and Public Safety Personal Freedom Environment Federalism Technology At this point, I'd like to focus on those issues which are of greatest interest to the group. Perhaps we could start with a few questions and stimulate a more general group discussion. I'll try to focus on facts and process and leave the political debates for those who are "diligently toiling" in Washington. MANAGEMENT AND THE FY 87 BUDGET Introduction We have some time left, and as I mentioned earlier, I think it would be interesting to talk a little bit about an issue in which the DPC is deeply involved - improving government management. President Reagan may be unique among recent Presidents in his personal interest in making government work. You may be familiar with his Management Improvement Program - Reform 88 - which was launched four years ago. This management effort continues and is now being expanded. Budget Decisions This year, OMB has taken another major step forward in management improvement by developing the FY 87 budget as an integral part of a government-wide management decision making process. This process is designed to focus on our Federal bottom line - effective government within a balanced budget - in a manner similar to every major corporation in America. Management decision rules were used to structure a theme oriented FY 1987 budget which cuts across agency lines. These decision rules can be simply stated by a series of questions: "Is this a function that the Federal government should be performing?" "If not, by whom should it be accomplished?" By another level of government through devolution or Federalism?' "By the private sector through asset sales, privatization, or contracting out?" 'Or maybe it shouldn't be performed at all - should it be just merely terminated?" "If, on the other hand, this function should be accomplished by the Federal government:" Is it presently being performed at the right level, or should it be expanded, contracted, or frozen?" "Also, can it be accomplished more cost-effectively as a result of reducing waste, fraud, and abuse; productivity improvements; efficiency enhancements; or changes in program delivery?" These rules were used to shape this year's budget and they will also be used to develop the FY 88 budget next year. I'm sure that this approach wiil become the subject of many discussions and political debates in the months ahead. Reform 88 An expanded Reform 88 effort will also be undertaken in the months ahead to support management's ability to make budget decisions based upon better information and improved teamwork throughout the departments and agencies. But looking back, Reform 88 achievements to date are truly noteworthy: $63 billion in cost avoidance was realized by stopping waste, fraud, and abuse. 125 million copies/year of publications have been eliminated. Streamlined regulatory processes have saved 50Ø million hours/year. Cash flow management reforms have reduced costs by $3.2 billion over 6 years. 332 accounting systems will be reduced to one per agency by 1990. 134 payroll/personnel. systems will be reduced to 12 by 1992. And these are just a few examples. There are also many more past and soon to be realized accomplishments. The Reform 88 expansion will focus on total management rather than administrative systems. There are thousands of individual projects included in the expanded program. However, three key priorities are: budget/financial accounting reform, credit management, and productivity. Budget/financial system reform: Despite the use of "decision rules" and this year's "theme oriented" approach to budget development, the budget still does not adequately reflect program plans across agency lines. --Our Federal government needs a real financial management system which ties the budget process into the financial accounting system to facilitate programmatic follow-up. --We also need to introduce a capital budget within our current budget to improve management of our capital investment decisions. OMB will be working with the agencies to correct these problems. Credit Management: The Federal government is the largest financial intermediary in the United States. It is allocating credit, directly or indirectly, worth around a trillion dollars. The major needs to be addressed in this area are: Stressing credit management rather than just getting the loans out; Developing an overall credit policy; and Getting proven private sector tools into the hands of agency managers. (Refer to OMB briefing for questions on specific initiatives) The President's Productivity Improvement Program: In a July 31, 1985 message to Congress, the President announced a new government-wide program to improve productivity 20% by 1992 in selected high-priority functions. More recently, on February 25th, he signed an Executive Order directing agencies to develop productivity improvement programs. The purpose of this initiative is to improve the quality, timeliness and efficiency with which Federal services are delivered to the public by becoming more productive, more cost-conscious and more quality-conscious at all levels of government service. Agencies will set their own goals and will focus on results - not process. Agencies will be required to establish policies which make it clear that productivity improvement is everyone's job, and that those who contribute and participate in problem-solving will be rewarded. --Achieving the President's goal will make a substantial contribution to deficit reduction. But, properly achieving this goal will also demonstrate to the American public that while the Federal government is serious about cost cutting and efficiency, we will also maintain high-quality and timely services. The Domestic Policy Council will be deeply involved in the numerous policy decisions supporting this program. But, the President's challenge is clear - he is asking all of you, the leaders and managers of our government, to work with him and his top managers to achieve better government. --As the President said in his first inaugural address: "It is not my intention to do away with Government, it is rather to make it work.' And with that inspiring quote, it's time for me to stop. I think that we still have time for a few more questions. I would like to close by thanking all of you for your attention and participation. I would also like to express my appreciation to OPM and the Western Executive Seminar Center for inviting me here to speak today. Good luck to all of you and enjoy the rest of the week. PLANNING PROCESS POLICY FURTHER POLICY REVIEW POLICY DECISIONS PRESENTATION IMPLEMENTA- DEVELOPMENT TION Basic Overview Specific Approve/ . Immugural . Legislative Concepts Goals Prepasels Modify Address Activity Legislative Set Priorities . State of the Administrative Assessment Union Action Schedule I "Markating" . I Presidential I - 2D TERM ATION DOMESTIC POLICY COUNCIL 3 THE WHITE HOUSE Office of the Press Secretary (Santa Barbara, California) For Immediate Release April 11, 1985 STATEMENT BY THE PRESIDENT Today I am announcing the creation of two cabinet-level bodies -- the Economic Policy Council and the Domestic Policy Council -- to assist me in the formulation and execution of domestic and economic policy. I will chair both Councils. These two Councils will replace the seven existing Cabinet Councils and the Senior Interagency Group-International Economic Policy. The new entities will streamline policy development and decision making. Together with the National Security Council, they will serve as the primary channels for advising me on policy matters. The Economic Policy Council will be composed of the Secretaries of State, Treasury, Agriculture, Commerce and Labor, the Director of Office of Management and Budget, the United States Trade Representative and the Chairman of the Council of Economic Advisors. It will provide advice to me concerning all aspects of national and international economic policy. The heads of the national security community departments and agencies and the Assistant to the President for National Security Affairs will participate in Council meetings whenever international policy or budget matters are discussed. In my absence, the Secretary of the Treasury will serve as Chairman Pro-Tempore. The Domestic Policy Council will be composed of the Attorney General, the Secretaries of the Interior, Health and Human Services, Housing and Urban Development, Transportation, Energy and Education, and the Director of Office of Management and Budget. It will provide advice to me on domestic and social policy. In my absence the Attorney General will serve as Chairman Pro Tempore. The heads of non-member departments and agencies will be invited to participate in either Council's deliberations whenever matters affecting their organizations are on the agenda. The Vice President and Chief of Staff will serve as ex-officio members of both Councils. The new, streamlined decision making process enhances my commitment to cabinet government. It will provide for added accountability and efficiency in formulating and implementing policy. # # # December 1985 INFORMATION SHEET: The President's Domestic Policy Process Philosophy The Domestic Policy process is structured to support Cabinet Government - White House and Department/Agency staffs are jointly involved in the policy development process - Issues which develop from a wide range of sources are properly analyzed, developed, and refined; divergent viewpoints are expressed in decision options - - Policy is set by formal decision and action is initiated by Department/Agency personnel who were directly involved in policy development Structure The Domestic Policy Council - Current Policy Development (Focus is within 90 day window) - DPC Senior Planning Group - - DPC Executive Secretariat - DPC Working Groups - -Department/Agency Staffs The Office of Cabinet Affairs - Coordinates formal communications between the Departments/Agencies and the White House The Office of Policy Development - Strategic Policy Development (Focus is greater than 90 days) L. Responsibilities The Domestic Policy Council -- Defines the Domestic Agenda -- Formulates National Policy DPC Senior Planning Group - - Plans the Domestic Agenda - Monitors issue development - Manages the Policy decision process DPC Executive Secretariat - Coordinates Policy proposals - Monitors Policy implementation DPC Working Groups -- Frame Policy issues - - Analyze supporting information -- Develop Policy proposals and decision options Department/Agency Staffs -- Propose Policy issues -- Staff and support Working Groups -- Implement Presidential Policy decisions The Office of Cabinet Affairs -- Represents White House Senior Staff Coordinates formal communications - Monitors Policy Development The Office of Policy Development - Articulates the Strategic Domestic Agenda -- Provides Strategic Policy Development -- Participates in DPC decision process DOMESTIC POLICY EVELOPMENT PROCESS R.R. CABINET 0 DIRECTION MON WH SENIOR OFFICER DECISION STAFF DISCUSSION WH WH DOMESTIC POLICY OCA OPD SHIP PoLicy IMPLEMENTAT =>- COUNCIL COORDINATION 1 STRATEGIC DPC SENIOR PLANNING SCHEDULING STATE 0 GROUP DEPT/AGENCY LEAD AGENCY DPC R.R's OR ISSUE AGENDA STAFFS EXECUTIVE WORKING GROUP DEVELOPMENT SECRETARIAT PLANNING & SUPART TUDICIAL 1111 DPC STAFF 58 159 GOVERNMENT ORGANIZATION § 3109 9. Promotion law judge was not deprived of any legally protect- ided ffec- Where director of Bureau of Hearings and Ap- ed interest by Secretary of Health, Education and peals communicated to former administrative law Welfare on grounds that Secretary, through ap- judge the basis for her nonpromotion was disci- peals council. was not authorized by statute or and Code pline related, director believed that promotion was regulation to remove case from her. Chocallo V. inconsistent with proposed discipline, director had Bureau of Hearings and Appeals. SSA, DC Pa. authority to recommend adverse action for actions 1982. 548 F Supp 1349. affirmed 716 F 2d 889, of administrative law judge which were deliberate certioran denied 104 S Ct 426. impediments to execution of delegated authority, 11. Power of Office of Personnel Management although director erred in not processing former Office of Personnel Management must be free for administrative law judge's promotion or grade to define and revise criteria to govern eligibility this increase. former administrative law judge's statu- for administrative law judge service Friedman V. as tory right to promotion was not so clear that Devine. DC DC 1983. 565 F Supp 200, affirmed nsi- director's withholding of it rose to level of bad 711 F 2d 420. 229 U.S App DC 142. faith in violation of former administrative law judge's constitutional and statutory rights. Cho- 12. Review callo V. Bureau of Hearings and Appeals. SSA, Decisions of Office of Personnel Management D.C.Pa. 1982, 548 F.Supp. 1349, affirmed 716 finding applicant ineligible to take final examina- con- F.2d 889, certiorari denied 104 S.Ct. 426. non required for certification of eligibility for and 10. Discharge appointment as administrative law judge could not ence Where appeals council. after strictly following be overturned unless they were arbitrary, capri- IS in regulations. found that supplemental security in- clous. or not supported by substantial evidence. ent, come claimant had been denied fair hearing and Friedman Devine. D.C.D.C.1983, 565 F.Supp. by accordingly vacated and remanded case to another 200. affirmed 711 F.2d 420, 229 U.S App.D.C. D.C. administrative law judge, former administrative 142. F.2d S 3108. Employment of detective agencies: restrictions ejec Notes of Decisions mercenary. quasi-military forces as strikebreakers Character of services to be performed 1 and armed guards. U.S ex rel. Weinberger V. urg- Purpose 1/2 Equifax. Inc. 1977. 557 F.2d 456. rehear- Similar organizations 2 ing denied 561 F 2d 831. certioran denied 98 Ct. pose min- Standing 3 768. 434 U.S 1035. 54 L.Ed 2d 782. rehearing denied 98 Ct 1477. 435 U.S. 918. 55 L.Ed 2d man 511. 1/2. Purpose af- This section was intended to prohibit employ- 3. Standing ment by the government of detective agency as it was constituted in 1892, and the prohibition does Plaintiff who alleged no injury in fact lacked not extend only to government use of detectives standing to seek declaratory judgment that su- during labor disputes. U.S. ex rel. Weinberger V. government employment of credit reporting com- for- Equifax, Inc., C.A.Fla.1977, 557 F.2d 456, rehear- pany to provide information on prospective and ing denied 561 F.2d 831, certiorari denied 98 S.Ct. uest- 768, 434 U.S. 1035, 54 L.Ed.2d 782. rehearing government employees violated this section. U.S. denied 98 S.Ct. 1477, 435 U.S. 918, 55 L.Ed.2d ex rel Weinberger Equifax, Inc., CA Fla 1977. 557 F 2d 456. rehearing denied 561 F 2d 831, uest- 511. certioran denied 98 Ct. 768. 434 US 1035. 54 ount 2. Similar organizations L Ed 2d 782. rehearing denied 98 Ct 1477. 435 udge An organization is not "similar" to organization nsti- referred to in this section unless it offers for hire US 918, 55 L Ed 2d 511. Ad- seq. this & 3109. Employment of experts and consultants: temporary or intermittent Cho- (a) For the purpose of this section- SSA, (1) "agency" has the meaning given it by section 5721 of this title; and 716 (2) "appropriation" includes funds made available by statute under section 9104 of title 31. [See main volume for text of (b)] and (c) Positions in the Senior Executive Service may not be filled under the authority here of subsection (b) of this section. (As amended Pub.L. 95-454, Title IV. § 402(b). Oct 13 1978 92 Stat. 1160: Pub L 97-258, in § 3(a)(4). Sept. 13, 1982, 96 Stat. 1063.) 1982 Amendment. Subsec. (a)(2). Pub.L. Effective Date of 1978 Amendment. Amend- Ap af- 97-258. § 3(a)(4). substituted "9104" for "849". ment by Pub L 95-454 effective 9 months after S.Ct. 1978 Amendment. Subsec. (c). Pub.L. 95-454 Oct 13. 1978. and congressional review of provi- added subsec. (c). sions of sections 401 through 412 of Pub.L. 5 3109 GOVERNMENT ORGANIZATION 160 161 95-454, see section 415 of Pub.L. 95-454, set out Notes of Decisions as a note under section 3131 of this title. (2) I Legislative History. For legislative history and 1. Temporary legal services in para purpose of Pub.L. 95-454, see 1978 U.S. Code When agency contracts under this section with establis Cong. and Adm News. P 2723. See, also, Pub.L. consultant, such as private law firm. on indepen- Departi 97-258. 1982 U.S Code Cong and Adm. News, dent contractor basis, it IS required to follow the Tre P. 1895 formal contracting procedures and to otherwise ( Cross References comply with applicable provisions governing pro- ( Procurement of services of experts and consult- curements and recording of obligations. 1981, 61 ants by Comptroller General, see section 731 of (rel Comp.Gen. 69. Title 31, Money and Finance. (( sur person 8 3110. Employment of relatives; restrictions (1 [See main volume for text of (a) to (c)] Stat except t (d) The Office of Personnel Management may prescribe regulations authorizing shall be the temporary employment, in the event of emergencies resulting from natural Secretar disasters or similar unforeseen events or circumstances, of individuals whose em- such stu ployment would otherwise be prohibited by this section. (Added P [See main volume for text of (e)] 97-258, § (As amended Pub.L. 95-454, Title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) Referen Revised St 1978 Amendment. Subsec. (d). Pub.L. 95-454 2. Persons entitled to maintain action substituted "Office of Personnel Management" for subsec (b) "Civil Service Commission". Only recourse of career civil servant at Federal 31, Money Effective Date of 1978 Amendment. Amend- Communications Commission against her transfer 1983 A ment by Pub.L. 95-454 effective 90 days after under antinepotism provisions this section was 97-437. I Oct. 13, 1978, see section 907 of Pub.L. 95-454, appeal to internal management or to political vided in P set out as a note under section 1101 of this title. process; civil servant did not have standing to Subsec. Legislative History. For legislative history and challenge transfer in federal district court. Cutts par (2) purpose of Pub.L. 95-454. see 1978 U.S. Code V. Fowler, 1982. 692 F.2d 138, 223 U.S.App.D.C. Cong. and Adm. News, P. 2723. 414. 1982 A 97-258. 4 for "3679( Notes of Decisions 065(b) )". Constitutionality 1 Effective Persons entitled to maintain action 2 Oct 11. 19 set out as 8 ! 3111. Acceptance of volunteer service Legislati purpose of (a) For the purpose of this section, "student" means an individual who is enrolled, Cong and 97-258. 19 not less than half-time, in a high school, trade school, technical or vocational P 1895 institute, junior college, college, university, or comparable recognized educational institution. An individual who is a student is deemed not to have ceased to be a Wear's Fed student during an interim between school years if the interim is not more than 5 Assistance months and if such individual shows to the satisfaction of the Office of Personnel we 1 1573 Management that the individual has a bona fide intention of continuing to pursue a course of study or training in the same or different educational institution during the school semester (or other period into which the school year is divided) immediately 3112. after the interim. Under s (b) Notwithstanding section 1342 of Title 31, the head of an agency may accept. agency m subject to regulations issued by the Office, voluntary service for the United States if career-cor the service- connected (1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the Added Put purpose of providing educational experiences for the student; (2) is to be uncompensated; and Effective (3) will not be used to displace any employee. Oct 13. 197 - out as a (e)(1) Except as provided in paragraph (2), any student who provides voluntary Legislative service under subsection (b) of this section shall not be considered a Federal purpose of employee for any purpose other than for purposes of chapter 81 of this title (relating Comp and A to compensation for injury) and sections 2671 through 2680 of title 28 (relating to Code of Fed tort claims). Career-con CFR 315 201 WHITE HOI SF PORT Cabinet Power The Reagan Administration is evolving a form of Cabinet government in which great authority is given to the few Cabinet Secretaries with their own activist agendas. BY RONALD BROWNSTEIN flow neatly through the carefully cut else [outside of your department] under- AND DICK KIRSCHTEN channels of debate. The Cabinet councils stood or cared about, you were better off are a system for making domestic policy, clearing it with one or two people at the I's's ant a conceit of every incoming Presi- but not the only one or even always the Office of Management and Budget that he will be the first to use his most important one, particularly in the (OMB)." Cabinet for something other than cere- first term. This Administration has never estab- monial photographs. That sort of vague "Every Cabinet member dealt with the lished Cabinet government in the text- good intention is usually discarded at Cabinet council differently," said former book sense, where Cabinet members col- about the time that the first Cabinet Agriculture Secretary John R. Block, lectively mull and influence important member blunders before a congressional now president of the National American decisions. But in its second term, many committee and stumbles onto the evening Wholesale Grocers' Association. "I used observers say, the Administration is news. it when I thought it would help me. But evolving another form of Cabinet govern- President Reagan has stuck with at when you got into trying to decide spe- ment in which the White House's role in least the structures of Cabinet govern- cific policy on the council that nobody shaping policy and setting an agenda is ment much more diligently than virtu- receding and in which greater author- ally any of his predecessors. In the ity is being given to a few Cabinet first term, Edwin Meese III, then Secretaries with activist agendas of Reagan's counselor, erected an inele- their own. gant structure of seven domestic pol- "The Administration has moved icy Cabinet councils that eventually heavily from being a presidentially collapsed under its own weight. controlled government to being more But last spring, when White House of a Cabinet government in that chief of staff Donald T. Regan rebuilt sense," said a Republican political the system into two new and stream- consultant with close ties to the Ad- lined councils-one for economic pol- ministration. "Now the idea is, 'Let's icy, the other for all other domestic get all of the Cabinet members to policy-to join the National Security control those agencies.' Council, the wheels started turning What's missing in this arrangement, again. And now, in the sixth year of critics inside and outside the Adminis- the Reagan presidency, groups of tration maintain, is a creative ap- Cabinet members are still taking proach for adding specific new propos- agency cars over to the White House als to the highly generalized "Reagan about once a week, holding meetings, agenda." White House officials say signing off on papers, debating issues the agenda flows naturally from Rea- before the President and handling gan's evident and long-standing inter- some of the government's routine busi- ests-reducing government domestic ness. spending, rolling back regulation, "The system works because this spending more on national defense. President likes to delegate, likes to "There is only one guy here who was both read papers and hear the issues elected, and that's Ronald Reagan," debated in front of him," said a White said a top White House official. House official. "He prefers a fair Richard A. Bloom But to many conservative critics amount of deliberation in the process who want the Adminstration to push and to have things work up to him. more aggressively during its final That's his style of handling policy." years, that's not enough. Thus many of But power in the Reagan Adminis- Attorney General Edwin Meese III the same people who railed against the tration, like those before it, does not He heads the Domestic Policy Council. pragmatists in the first term are now 1582 NATIONAL JOURNAL 6/28/86 moaning, in the words of a critic, much sharper cuts in federal commod- about the "mice" holed up around ity price supports. chief of staff Regan "who don't have "Then the Cabinet council system an agenda and are suspicious of any- broke down," said agricultural consul- body who does." tant William G. Lesher, who was as- sistant Agriculture secretary for eco- THE FIRST SYSTEM nomics at the time. "Stockman and When Reagan took office on Jan. others had their ideas of what should 20, 1981, he promised to use the Cabi- be a farm bill versus the working net agencies to make decisions, and in group's idea. Much to our chagrin, Meese he had a lieutenant with the that persuasion won out." flow chart frame of mind needed to THE NEW SYSTEM flesh out those impulses. Based on Meese's proposal, Reagan in February Meese's somewhat tangled system established five Cabinet councils: on didn't fit into any of the management economic affairs; commerce and theories Donald Regan brought to the trade; human resources; natural re- White House. In April 1985, Regan sources and the environment; and food rolled the seven councils into two with and agriculture. The next year, he cleaner lines of authority: an Eco- added councils on legal affairs and nomic Policy Council, chaired by government management. Baker (who had become Treasury Meese's conception was that policy Secretary) to handle all economic pol- would bubble up from the councils, icy, and a Domestic Policy Council, through the full Cabinet, if necessary, chaired by Meese (who had become and to the President for final decision. Attorney General) to handle all other In Meese's view, the wing of the domestic policy. White House under then-chief of staff Richard A. Bloom In the Regan command structure, James A. Baker III would be responsi- these councils are seen as playing sev- ble for implementing the policy by eral valuable functions. The system dealing with the press, Congress and modulates the pace of routine issues constituency groups. Treasury Secretary James A. Baker III coming into the White House and al- Several of the Cabinet councils, He chairs the Economic Policy Council. lows aides to keep a handle on issues though, never really got off the that are coming up, even as they keep ground. Only the economic affairs coun- many instances where the Cabinet coun- their distance from most of them. cil met very frequently, and critics in the cils were sitting around discussing things White House officials also see the Cab- White House liked to gibe that the coun- and Stockman couldn't make the meeting inet council meetings as sessions that cil held hundreds of meetings to reach because he was on the Hill negotiating a boost morale, let Cabinet officers get to only a handful of important decisions. settlement of the exact same issue they know the President's staff and make ev- On Meese's flow chart, it all looked were discussing," said a former White eryone feel that they are on the same logical. In practice, the system became House official. team-the way President Eisenhower very complex for the officials trying to It was clear to many participants that used Cabinet meetings. navigate through it. Trade issues swirled the councils lacked decision-making The Cabinet councils also serve as a through the economic affairs council, power. "We were aware that neither the convenient forum for handling normal chaired by then-Treasury Secretary Cabinet council nor the Cabinet itself interagency conflict. Trade disputes, Regan; the commerce and trade council, could actually make the decision," said which occur within the Administration as headed by Commerce Secretary Mal- William A. Niskanen Jr., a member of frequently as between nations, come colm Baldrige; a statutory Trade Policy the Council of Economic Advisers (CEA) through the Economic Policy Council, Committee, chaired by then-U.S. Trade from 1981 and its acting chairman from pitting the more protectionist forces at Representative Bill Brock; and a Na- July 1984 until he left the Administration Commerce and the Trade Represen- tional Security Council (NSC) senior in- the following March. "And at most, when tative's office against the free traders at terdepartmental group that Regan also there were votes taken, that was just to the State and Treasury Departments. headed. "There were just too many represent the views at that particular Several trade issues have come to the groups involved in trade issues," Baldrige level. After the social security fiasco President for his decision, however, after said in an interview. in 1981 [when cuts in benefits were pro- the council was deadlocked on split votes. Not only was the system cumbersome, posed], Baker's distrust of the policy peo- And the system has been used to pre- but over time, many participants came to ple on both substantive and political vent things from happening; it's a tool for see it also as irrelevant. In the first re- grounds grew enormously. That led bottling up issues in interagency study. gime, the Baker wing of the White House Baker to assert a much larger role." "It is a funnel to keep to a minimum the considered the Cabinet council system a First-term officials say it was not un- decisions coming out of the executive sideshow, uninvolved in the actual cre- usual for Baker and Darman, together branch," said Paul Light, director of ation of policy. with Stockman, to ignore or overturn studies for the National Academy of Pub- In the view of Baker and his deputy, Cabinet council decisions. Agriculture lic Administration. Richard G. Darman, implementation was Department officials learned that the Government officials can find it as policy. And in practice, Baker's White hard way on the 1985 farm bill. The difficult as outsiders to locate issues once House Legislative Strategy Group, to- department had worked through 1984 in they have disappeared into the process. gether with OMB director Dave Stock- the food and agriculture council, building At an early June hearing before the man, set virtually all significant domestic a case for its idea of the right bill. Then in House Science and Technology Sub- policy in the first term. "There were December, OMB came up a bill imposing (continued on p. 1588) NATIONAL JOURNAL 6/28/86 1583 (continued from p. 1583) their side. But the White House staff committee on Natural Resources, Ag- decided not to send the President a ricultural Research and Environment, decision memo. Instead, Regan or- David T. Kingsbury, an assistant di- dered up a series of private meetings rector of the National Science Foun- between Meese and Brock, with him- dation, was asked how soon the Do- self as referee, to try to narrow the mestic Policy Council would approve gap. Now, a White House official regulations for testing and licensing said, the issue is "on hold" while the genetically engineered products. Administration awaits the Supreme Kingsbury, who headed the council Court's decisions in two major affir- working group that developed the pro- mative action cases. posal, responded: "Unfortunately, to, "At some point, either these fellows I think, the frustration of all of us, we are going to make enough progress to are not members of the Domestic Pol- make a modification of views, or there icy Council, and we don't know what will remain a divergence and we will that process is. And so we're as just have to hand the paper to the frustrated as you are in terms of ex- President and let him decide," the pecting its release. We had antici- official said. pated its release prior to this hearing." White House officials say that han- (Reagan approved the new policy two dling of both affirmative action and weeks after Kingsbury's testimony.) the Baker initiatives are unusual ex- But just as in the first term, the ceptions to the normal process. But system is not always the forum for the exceptions may be as important as making policy; it remains very much the rule. What they suggest is that the open to short-circuiting. The issues Administration's skillful bureaucratic that come into the process for deci- players thrive in whatever system is sions are supposed to be those that the created, using them to achieve goals White House staff believes either re- they would have figured out some quire interagency cooperation or are Richard A. Bloom other way to reach in a different sys- important enough to merit the Presi- tem. Baker has been able to keep his dent's attention. Cabinet affairs chief Alfred H. Kingon prize projects out of the hands of po- But some of the second term's most He can influence the councils' agendas. tential adversaries, such as Shultz and important projects have developed Council of Economic Advisers chair- outside of the Cabinet councils. Baker also spilled outside of the orderly Cabinet man Beryl W. Sprinkel. Brock has been has successfully resisted any council in- council system. Originally, Meese tried able to fend off Meese on the affirmative volvement with his pet initiatives: the last summer to sell the President directly action hiring guidelines. (For a report on plan to realign international currency ex- on his proposal to eliminate numerical how the Administration developed a pol- change rates, his initiative on interna- requirements, setting off complaints that icy on liability insurance, see box, pp. tional debt and the push for tax reform, he had attempted what a White House 1586-87.) which he took over in 1985 from Regan. aide termed an "unconscionable" end run "No matter how the system is physi- Baker has consulted with Secretary of of the process. Then Meese's proposal, cally organized, the facts an individual State George P. Shultz (who in the Nixon staunchly resisted by Brock, the current Cabinet officer or his or her organization Administration helped to build the cur- Labor Secretary, was pushed back into can muster and their clarity and persis- rency regime Baker is trying to disman- the system and was heatedly debated at a tence have more of an effect on the out- tle) and with Regan on the international Domestic Policy Council meeting last come than the organization itself," initiatives. When necessary, Regan has October that reached no consensus. Baldrige said. set up meetings for Baker and deputy The usual process after a Cabinet Treasury secretary Darman to brief the council meeting is for the staff under THE POWER SHIFT President. But Baker has made it clear to Cabinet affairs director Alfred H. When Baker and Meese were given others who have expressed interest in Kingon to prepare a decision memoran- control of the new Cabinet councils, it discussing the issues in the Economic dum to the President. This short memo was widely expected to elevate them to a Policy Council that Treasury doesn't (usually only two or three pages) briefly "Super Cabinet" status. To some extent, want any help. summarizes the major arguments for and that has happened. That attitude has occasioned "some against a proposal, includes the views of Baker has used his control of the Eco- grumbling," a White House official said. relevant White House offices-such as nomic Policy Council to increase his say But no one has successfully forced Baker legislative or political affairs-and on trade issues and to play a role in and Darman to loosen their secretive presents the President with all of the agricultural issues, such as last year's style of operation. "These guys had a options discussed at the meeting. Once he legislation to restructure the ailing Farm system in the White House that worked," gets the memo, Reagan can either make Credit System. Meese, who at first was said a Republican consultant close to the decision based on the paper, ask for prone to using his Domestic Policy Coun- Baker. "They kept things to themselves, more written information (which happens cil for more philosophical discussions, has they didn't let a lot of people know what's rarely) or call a Cabinet council meeting gotten a shot at the remarkably diverse going on. They figured if they could get to hear more debate before deciding. issues that come through that council, to the President, wire the Hill, that's For months, the Justice Department ranging from acid rain to organ trans- enough. At Treasury, they operate the has been eager to see the affirmative plants. But both Baker and Meese have same way." action issue presented to Reagan, confi- focused most of their energy on running The debate over affirmative action re- dent that his basic opposition to employ- their own departments. quirements for federal contractors has ment quotas would bring him down on The simplified system was also ex- 1588 NATIONAL JOURNAL 6/28/86 pected to strengthen Regan's direct con- successors, Edwin L. Harper, and the tration at Harvard University's John F. trol over policy, establishing him as a job's current occupant, John A. Svahn, Kennedy School of Government. choke point for issues going to the Presi- have played even smaller roles. In practice, Presidents have invariably dent. White House officials can use sev- "There is really very little domestic found that the White House staff is the eral steps in the Cabinet council process policy in this Administration that is not only central force that can set an agenda to get a handle on issues. Regan and budget-driven," said Stuart E. Eizenstat, for an Administration. The current White Kingon can pull issues in for Cabinet who held the policy job in the Carter House staff is starting to get cuffed consideration, control the schedule and Administration. "OMB has really taken around the ears for allegedy failing to do ask agencies for more information before over the [policy adviser's] function." so. "There is nobody around Regan to set sending options on to Reagan. "Don Until he left government, Stockman an agenda," said former CEA chairman Regan, more than anyone else, has the was a prodigious force on domestic pol- Niskanen, now chairman of the Cato In- authority to say this issue has to be dealt icy. But his successor, James C. Miller stitute, a libertarian think tank in Wash- with by the Cabinet council," said Becky III, has had difficulty establishing his ington. Norton Dunlop, senior special assistant to credibility, particularly on Capitol Hill Pointing to the White House-ordered Meese for Cabinet affairs. "And he does but elsewhere in the Administration as welfare reform studies percolating that on a regular basis." well. A White House official defended through working groups of the Domestic Most significantly, he also gets in an Miller, saying that "OMB has a role, a Policy Council and to the catastrophic informal last word on policy with Reagan big role. Jim is different than Stockman; health insurance plan being studied at the when he chooses to. "Regan often sits Stockman has this incredible knowledge Health and Human Services Depart- alone with the President and talks quite a of the minutiae in the budget. But Jim is ment, White House officials reject those bit," a White House official said. "No much friendlier, much less cantanker- characterizations. What they are trying one knows what he says." ous." Some key Administration officials, to do, they argue, is to keep the focus on Still, there is a widespread view among though, believe that because of OMB's Reagan's basic goals. "What we've got to those who watch the Administration perceived weakness, the initiative on the do is generate ways to implement the closely that the White House's direct budget has passed to Congress. policy goals and directions of Ronald influence on policy has declined since the Many conservative critics complain Reagan," said an official. "The problem first term. The organizational vocabulary that initiative is something noticeably with Jimmy Carter was that he was direc- assigns White House officials the same lacking in Reagan's second term. On pa- tional; he wasn't guided by any underly- role as in the first four years: Regan's per, the Administration's issue agenda is ing principle. He would start one way, aides still distinguish policy from imple- supposed to rise through the Cabinet then go another way, then yet another." mentation, and still reserve the latter for council system to the White House. But But another White House official ac- themselves through the Legislative Strat- "the reality is that policy doesn't natu- knowledged, "The only weak link in the egy Group headed by Regan. rally well up through committees," said system is generating new ideas here." But in the Regan regime, White House presidential scholar Richard E. To some extent, this was inevitable, officials insist-and other government of- Neustadt, a professor of public adminis- given Reagan's predisposition to undoing ficials agree-the West Wing staff is existing programs rather than launch- less likely to reshuffle policy decisions ing new ones. After almost six years of proposed by the agencies or the Cabi- struggle with Congress on the budget, net. That does occur-Regan recently and after battles in the regulatory rejected as inadequately justified the agencies with environmentalists and recommendation of an NSC group to labor groups, the Administration has build a fourth space shuttle. (See box, probably undone just about every- pp. 1584-85.) But that is rare; this thing it can expect to undo. White House, which is noticeably With the White House less aggres- light on aides with a strong back- sive in setting the Administration's ground or even a keen interest in sub- policy tone, many observers say, au- stantive policy formulation, is more thority has passed to the few Cabinet circumspect than its first-term prede- Secretaries with aggressive programs cessors. of their own. To those observers, Rea- "I think there has been a Cabinet gan's second term is characterized by reincarnation," said a top White a few isolated areas of intense activ- House official. "And I think it's good. ity-Baker on international econom- You've got some of your greatest re- ics, Shultz on foreign policy, Meese on sources [in your Cabinet officers]. some social and legal issues-sur- Why replicate it?" rounded by vistas of uninspiring More than respect for the Cabinet steady-state management. is involved: The White House has rela- The result of this subtle power shift tively little firepower available on is- is a form of Cabinet government. It is sues. From the time Reagan moved not the kind of Cabinet government into the Oval Office, no one has ever Shepard Sherbell/Picture Group usually associated with that term-a bothered to turn on the lights at the regime of interactive discussion, col- White House's Office of Policy Devel- lective influence on major decisions. opment. Martin Anderson, the first But it is a style of running the country domestic policy adviser, had personal that for better or worse, gives the influence with the President but only a Cabinet officers greater leeway to pur- weak organization to support him and sue their own agendas, with less ag- was temperamentally unsuited for bu- Meese assistant Becky Norton Dunlop gressive interference by the White reaucratic infighting. His immediate She works with him on Cabinet affairs. House staff. NATIONAL JOURNAL 6/28/86 1589 The:New Magazine OCTOBER 12,1986 MR. POWER Attorney General Meese is Reagan's man to lead the conservative charge. By John A. Jenkins acceptance he receives. That combination of loy- alty, availability and ambition are essential ele- ments in the rise of Meese, giving him power and N HIS CORNER OFFICE AT THE JUS- access unequaled in the Reagan Administration. tice Department, a private sanctum Meese frequently sees the President a couple of guarded by Federal Bureau of Investiga- times a day, offering counsel on matters ranging tion agents, Edwin Meese 3d, the 75th At- far beyond his duties at Justice. "Often, just pri- torney General of the United States, has vately, I'll see him for a few minutes here, or a surrounded himself with symbols of the few minutes there," says Meese. "Sometimes I'll power he wields: a Border Patrol pistol; a ride in the car with him to someplace." United States marshal's badge; miniature Besides serving as Attorney General, Meese is police cars and helicopters. The office chairman pro tem of the President's Domestic says much about the way Meese sees him- Policy Council, comprising the director of the Of- self, for its motif reflects not so much the fice of Management and Budget, the chairman of lawyer in Meese as it does the hard-nosed the Council of Economic Advisers and five Cabi- lawman: America's top cop. net officers in addition to Meese. He also attends Just outside his door hang two Herblock draw- meetings of the National Security Planning ings, portrayals of Meese as the beady-eyed Group, the handful of top foreign policy and na- zealot. "Oh, they're just a couple of funny car- tional security advisers that devised last sum- toons," Meese says. Yet it is clear that these two mer's "disinformation" campaign against Libya. caricatures, and some others like them on the But it is what he has done at the Justice Depart- walls of his outer office, mean much more to him ment that will be his legacy, for Meese has re- - they are a symbol of how he has made his pres- turned the department to a political role it has not ence felt in 19 months as Attorney General. played since the Nixon Administration. Prior to If the next two years produce the conservative him, the post-Watergate Attorneys General - transformation in judicial precedent that the men with names such as Saxbe, Levi, Bell, Civi- Ronald Reagan Presidency has promised but so letti and Smith - offered a subdued leadership. far not delivered, much of the credit must go to But Meese has quickly steered the department the 54-year-old Meese. The most prominent loyal- back to the political arena, shaping it into a reflec- ist from the Reagan California days still in the tion of how he sees himself - boldly, morally con- Administration, Meese has taken center stage in servative. In the process he has become its most an ideological debate that previously lacked a forceful leader since Robert F. Kennedy. credible point man within the Government. Now "This department will be fiercely independent it has one: pornography or drug smuggling, abor- in upholding the law," Meese promised at his tion or school prayer, the Attorney General's ceremonial swearing-in in March 1985. "But this legal agenda is the President's political agenda. is not inconsistent with conscientiously and vigor- "His instincts are Ronald Reagan's instincts," ously implementing the President's philosophy, Fred F. Fielding, the White House counsel during which is in the mainstream of today's American the President's first term, says of Meese. political thinking." For Meese, the path has been a tortuous one, Since then, Meese has played a key role in judi- muddied by infighting at the White House and cial nominations and has publicly chided the Su- nearly broken up altogether during his long con- preme Court for decisions he disagrees with. In firmation hearings by allegations of earlier turn, he has experienced the unprecedented pub- wrongdoing. But the strength of Ed Meese is per- lic rebuke of two sitting Justices, William J. Bren- severance. An iron-willed partisan with a po- nan Jr. and John Paul Stevens. lemical, confrontational style, he is also the quin- While conceding that Meese "has every right to tessential available man, an ambitious loyalist assert his own perception of what justice is," Burt who defines himself through the approbation and Neuborne, professor of law at New York Univer- sity, who until recently was the legal director of John A. Jenkins lives in Washington and has fre- the American Civil Liberties Union, calls the At- quently written on legal matters for The New torney General's views "disastrous." York Times Magazine. His article on Supreme "He is genuinely committed to the proposition Court Justice William H. Rehnquist appeared in that if a majority of the electorate expresses it- March 1985. self on a particular sub- (Continued on Page 89) DAVID BURNETT/CONTACT Meese says: "We've tried to MEESE find the kinds of judges that should be acceptable to any group. If you look at the Snow Continued from Page 19 judges who have had difficul- ties, I mean, how can you do ject, that majority should not just as strongly as I do. But better, or get a more accept- be held in check by the when you're the President, able person, than a man who courts," says Neuborne of you're not as vulnerable to at- has got 15 years of distin- Meese. "By crippling the tack." guished service on the Su- courts, he would sacrifice ef- iece Yet Ed Meese rarely preme Court to be appointed fective protections of individ- misses an opportunity to ture. Chief Justice? How can you ual rights and radically tackle head-on those who dis- get a better person, or a more If baths. transform society into a ma- agree with him. "To with- acceptable person, than a lexibility. joritarian tyranny. draw because there's opposi- man like Nino Scalia, who has Reproduced For You. "The only bright spot in all tion on the other side," he got an impeccable record in a of this, is that so far he has Quarter Inch says, "to back down in the variety of ways: as a practic- been able to achieve so little. face of that would be coward- ing lawyer, as a teacher, on g: $10 His rhetoric has far out- ice." the appellate court? I think vable to: stripped his effectiveness." When he works hard to see you can't find two more quali- Over the last several that judges nominated to the fied people in the history of IC. months, I had five interviews Federal bench will share the k Bldg. Supreme Court appoint- with Meese, in which he d Administration's philosophy ments." 1 talked about the Supreme about such matters as abor- 888 Court, about his perception of tion, school prayer and feder- EESE the roles of judges and the po- alism, Meese calls it "getting lice, and about his efforts to M TAKES from a folder on his All 100% imported Cambric CO the best people." When some- desk several sheets covers. 226-230 threads per Si change the Justice Depart- one criticizes an appointee, of paper that together consti- The ultimate in quality craftsm ment. He also discussed his that is "partisan politics." tute his blueprint for change our True Karo Step comforter ha confirmation ordeal, his close baffled wall construction to elim "That's the combination of ric Facility at the Justice Department. friendship with Ronald Rea- cold spots while allowing maxim a party being out of power He has drawn up these docu- ability of the Snow White Down gan, and the death of his son and being enraged by the fact ments so that he can clearly Nor - all of which have pro- Dimensions Down Fill Re New York City's that Ronald Reagan will be focus on the task at hand. Twin 60" 86" oz. $2 on six beautifully foundly affected him. selecting as high a percent- In a two-page outline enti- Queen/Full 86" 86" 46 oz. И King 102" 86" Because of his blunt, feisty 52 oz. $4 acute facility for age of the judiciary as he is," tled "Policy Goals," he has Colors: Light Blue. White, Pink. Creme. Lig outspokenness, the public the Attorney General says. neatly encapsulated his agen- he optimum com- perception of the Attorney "The fact that it's an election da. There are the usual pri- al, and rehabilita- General is often devoid of the year, and the fact that you orities that any Attorney humanizing nuances. But just have some people who General would have - con- ESCENT Meese says he is baffled by like to politicize things." HIATRIC trolling narcotics trafficking, that image. "I would ask you Meese calls Jefferson B. DIAGNOSIS terrorism and public corrup- to go through all the press atric and Sessions Jr., whose nomina- tion - and there are others conferences I've had since tion for an appeals-court ive which are innocent-sounding I've become Attorney Gen- Judgeship was rejected in euphemisms for the conser- HO AL eral, and all the interviews June by the Senate Judiciary vative political course that swood, NY 11423 I've given," he says. "I would Committee, "a very coura- the Attorney General has em- 81 defy you to find statements or geous prosecutor." There barked on. collections of statements that was a fierce debate over the "Total nondiscrimination would give rise to the kind of attitudes of Sessions, a policy," for instance, stands, caricature that too often is United States Attorney from among other things, for an created of me." arns Mobile, Ala., toward blacks; end to racial quotas benefit- Our plush Classic Channel feat In person, the Attorney Meese says it was "a cam- by 32 color pages of ing minority groups, an Ad- European-style hand-sewn channe General exudes genuine nd-dyed yarns, luxurious paign of ideologues." ministration goal that was di- with almost 3 oz. of Snow White D warmth. His suite of offices is ir, linen, cotton, cashmere, Meese believes that Daniel rectly repudiated by the Su- Designed to prevent shifting; double ons and natural Maine energized by those waiting to A. Manion, who narrowly won stitched edges add durability. preme Court in its last term. Norm see him - F.B.I. Director Dimensions Down Fill Reta ver special books, baskets, Senate confirmation in July Meese, however, has not Twin d totes. Browse with your William H. Webster leaves as 60" 86" 26 oz. $16 as an appeals-court judge, given up on it. Queen/Full 86" 36 oz. S221 e Set and enjoy choosing an interviewer enters; a King 102" 86" 42 oz. S28 was also unfairly singled out. "Preservation of constitu- Colors: Light Blue. White. Creme. sy-to-knit project with group of law-student interns "If his name had been Smith tional values" encompasses ALL yarns. mill about, photographer in or Jones," Meese contends, some of the most important SUPERWASHI tow, to memorialize their mo- Manion wouldn't have been issues on the Reagan Admin- ment with Meese; trusted opposed. "But he was a light- istration's social-policy agen- aide William Bradford Reyn- ning rod for these ultralib- da, including leaving to the olds is in the anteroom. But Tals, because his father had ge color catalog. states the issues of abortion Meese is not preoccupied. He d Yarn Sample Set of over 250 been connected in some way reform and prayer in the clearly relishes the inter- bonus Gift Certificate. with the John Birch Society. schools. "Religious liberty" erican Express Accepted change with his questioner. Anything in which the John means going to court, as the His gaze is direct and he Birch Society was involved in department did this summer, LL speaks with certitude. was seized upon by the ultra- to defend the Roman Catholic This 100% Merino Wool Mattre ne 04096 liberal groups to be a basis Church against the loss of its 1" thick. Serving as a natural ins I AM NOT BY NATURE for politicization." tax-exempt status when an- keeps you warm in winter; cool in an unduly combative per- But at the suggestion that And it's machine washable, retair son," Meese says. "I be- other church-related group 18 has politicized the Justice softness and durability. Fitted she lieve in persuasion rather contended it was engaging in Department, or that he has Dimensions Normal Retail Ou nby's than mortal combat. And to political lobbying and cam- Crib 52" $ 80 Invored conservative inter- paigning in opposition to legal Twin 39"x75" $120 the extent that people are Full eats over any others, Meese 54"x75" $150 abortion activities the tax Queen $200 trying to use me as a target Wistles. "That's an exaggera- exemption does not permit. King $230 for attack, possibly the rea- ion," he says. "I've spoken Meese believes that even in ASK FOR OUR FREE CATALOG. son is that I have stood very vit on some issues which I defeat there is still glory in comforter covers, pillows, merinc strongly for the objectives hink need to be aired. But I and the priorities and the losing for a good cause. That Times in't think that there's any- principles and the philosophy is why he was willing last hing partisan about my com- of the President. He stands spring to use a relatively triv- Do ection Hents on the Constitution." (Continued on Page 92) 635 Evergreen Meese is centralizing policy MEESE planning and budgeting under the control of a few trusted deputies. To imple- Continued from Page 89 ment his policy goals, he has organized key executives into ial case to ask the Supreme "Obviously, in taking public small teams whose job it is to Court to overturn its 1973 Roe positions, I don't have the focus on Administration pri- V. Wade decision legalizing time, or the audience, to go orities. Meese and six top abortion even though the into legal subtleties. But I aides, including F.B.I. Direc- constitutionality of Roe had- think the average man in the tor Webster and Assistant At- n't been an issue in the case street understands what it torney General Reynolds, and even though the High means if the truth about comprise the "command Court had specifically reaf- criminals is excluded from group" that meets every firmed the Roe decision three the courtroom. And when the morning at 8:10 to map strat- years earlier. The depart- Mapp and Miranda cases are ment lost its case, 5 to 4, but egy. Another group, chaired explained to most people, then-Chief Justice Warren E. by Meese's new Deputy At- they understand that they are torney General, Arnold I. Burger switched camps, less safe from criminals. questioning for the first time That's not hard to figure out." Burns, matches the depart- the wisdom of the Roe deci- According to Meese, "there ment's budgetary resources sion. "We got one step are better ways" to avoid the to its priorities. A third closer," Meese says. police abuses that the two group, headed by Reynolds, More Than 50% On Non-Shifting Similarly, he sees the Jus- decisions were meant to does strategic planning be- HITE GOOSE DOWN tice Department's defeat counteract. One, he says, is, cause, Meese explains, "I earlier this year in three af- "videotaped confessions, SO' wanted a group of people who firmative action cases as there will be no possible way were not involved with the MFORTERS & PILLOWS hinging on a mere technical- that you could have coercion day-to-day issues to look to ity. Though conceding that or any intimidation by the po- see where the justice system By Nancy Fleming! the Court directly repudiated lice." But he adds, "The best and the department ought to his contention that quotas can way, frankly, is with well- be five years from now." be used only to aid specific, e-for-ounce, absolutely the warmest trained, well-disciplined, Of Meese's aides, the 44- identifiable victims of dis- well-supervised policemen." year-old Reynolds is prob- mforter you can buy anywhere! crimination, Meese says that Since his youth - when his ably the best known. Reyn- "even in losing, there was ac- father, a clerk at the Oakland olds retained his position as ble Retail Our Price Comparable Retail Our Price quiescence by the Court that police court, would come Assistant Attorney General $260.00 $129 King $400.00 $199 the point we were making home and regale him with in charge of the Civil Rights en $350.00 $169 $500.00 $249 should be the end result, stories about the cases he'd Division after the Senate Ju- someday. They just said heard that day - Meese has diciary Committee last year Nancy Fleming Down Shop fashions our comforters of the we're not ready to do that had a fascination with police refused to confirm him as St luxurious down-proof 230 thread count Cambric cotton yet." work. His sympathies are Meese's new Associate Attor- Then we plumply fill them with premium European white The biggest victory of the DOWN ONLY (a minimum of 550 cu. in. per oz. fill- with the cop on the beat who ney General. Reynolds has 1 fac in size has more goose down than many king- term, Meese says, was the wants to nab the culprit, and been the Justice Depart- ort means they'll keep you cozy even when it's Supreme Court's upholding of he seems genuinely per- ment's most uncompromis- uts each is sewn with an end-to-end box pattern the Georgia antisodomy law plexed by the judicial con- ing foe of racial quotas, and nts LAW own from shifting. Machine wash or dry clean. - a case the Justice Depart- cern about police miscon- he continues to play a key COMFORTER COLORS ment wasn't even involved in. duct. "Most of the time," he policy-making role within ht blue, camel, burgundy or cream. "We don't have to be in a case says, "the officer is not acting Meese's inner circle. He has 'S: light blue/cream, camel/cream, burgundy/cream or to get our view across," illegally." /medium grey. also kept up the attack on the Meese says. "The point of Itimate comfort, take advantage of similar savings on our To Meese, lawyers and Supreme Court, last month se down or white goose down and feather pillows. They view that we've been making judges are the ones who accusing Justice Brennan of lat, even after repeated washings. — that the Court should not argue the technicalities. "I possessing "radical" views All products crafted in the USA! supersede its judgment for wouldn't want to be a judge," that threaten individual lib- the judgment of the states - he says; not even the Su- erty. RDER CALL TOLL-FREE 1-800-852-5200 was vindicated in that case." preme Court would interest Another of the Attorney Meese, who says he has not him. "That's the one thing General's innocuous-sound- read the speech in which GOOSE DOWN COMFORTERS I've absolutely ruled out. For DOWN WT PRICE QTY. COLOR TOTAL PRICE ing policy goals is to "pro- me, the job of being a judge, Reynolds made his charges, 32 oz. $129 mote truth in the courtroom." refused to comment on it. "I 5") on whatever bench, would be (86x86'') 40 oz. $169 But what Meese really wants much too confining for any- don't know any reason why I 6") 48 oz. $199 is the total repeal of the Su- thing I would really enjoy." should particularly read it," 104x96' 54 oz. $249 preme Court's 1966 Miranda Meese is proud of the stand he said. "People give V. Arizona decision, which re- he has taken against judicial speeches all the time in the OSE DOWN PILLOWS, White on white fill wt. in ozs. quires the police to inform SOFT activism. A judge's job, he in- department here." MEDIUM FIRM goose down 50% goose down. 10% goose down, QTY. TOTAL PRICE suspects of their constitu- sists, isn't "to decide how the T. Kenneth Cribb Jr., 38, is 50% goose leathers 90% goose feathers tional rights, and its 1961 police officer's going to act - the Attorney General's clos- ]S50 (20 oz) $35 (26 oz) $20 (34 oz) Mapp V. Ohio decision prohib- his function is to find the est aide, and probably the $85 (24 oz) $45 (32 oz) $25 (42 oz) iting the introduction of evi- facts. least-known outside of the de- ]$80 (28 oz) $55 (36 oz) $30 (48 oz) dence obtained without a "You may want to argue on partment. A one-time na- TOTAL Of All Items valid search warrant. what should be the niceties," tional director of the Intercol- E. If not completely Add $5. per comforter and S3. These two rulings have, ac- per pillow for shipping & handling. he says. "But if you take my legiate Studies Institute, the t anytime, we will cording to Meese, "inhibited NJ residents add 6% sales tax. approach, and the approach oldest conservative student product or refund ase price in full. truth in the courtroom." He of most people in law enforce- organization in the country, GRAND TOTAL maintains: "They have cast immediate shipment. ment, the more evidence you and a consultant to the Herit- aside probative evidence for get in, the more likely you're age Foundation, Cribb served non-truth-finding reasons. going to find the truth, which on Meese's staff at the White rders Name Neither Mapp nor Miranda ultimately should be the end House and followed him to on et Address helps any innocent person. result of the courtroom pro- the Justice Department. nin They only help guilty people. cess." HOP y State Zip Now, as the Attorney Gen- I think if you look at all the 6F. eral's counselor, Cribb stays Check MasterCharge Visa American Express cases, the only evidence that ge Rd., TO "IMPROVE THE MAN- in the background and re- ever's been excluded is evi- d, NJ agement" of the 62,500-em- Acct. No. ceives almost no publicity, Exp. Date dence of guilt. ployee Justice Department, (Continued on Page 96) Card Member's Signature "It helps the department other to get into a Yale soci- together closely for almost 20 when we come in as an ami- ety. years," Meese says of Ronald EESE cus curiae taking a more ex- "He was naîve," recalls Reagan. "We are good treme viewpoint," Kamenar Maxwell K. Dickinson, a for- friends. And we are people says. "That way they can't be mer roommate of Meese's who, by and large, without Continued from Page 92 called extremist." and now a Florida stockbro- any real effort on my part tc y rves as a link be- thing had been decided, and ker. "He didn't look under do this, come up with the then absolutely nothing D MEESE WAS rocks to see what was bad same viewpoint on most tv ese and conserva- st groups. would happen. The uncer- E born and raised in about everything. He wasn't issues, pretty much totally in "I am a source of informa- tainty led to internecine Oakland, Calif. "I was jaundiced. He never had bit- dependent of each other." tion for the Attorney General fights, and ultimately the born in 1931, in the Depres- ter things to say. I don't Privately, White House policy development got done sion," Meese says. "Our remember anything ever dis- chief of staff Donald T. Regar about people who want him to entertain their views," Cribb elsewhere." family never had a lot of appointing him." has bridled at Meese's easy says. "I am sometimes asked Meese now strongly de- money. This was never a big After graduation, Meese access to the President. Bu to attend meetings to make fends his record at the White thing to my folks, and never a returned to California and anyone who has ever at his views known, and to re- House, saying that he "estab- big thing to us." At the age of started law school at Berke- tempted to cut Meese off ha: port back to him." lished what is generally 10, he and his three younger ley, finishing in 1958, after a ended up the loser. Always During Meese's long confir- looked upon as the strongest brothers published their own two-year interruption to the President stands by him. serve as an artillery officer The two first met in Sacra mation battle, Cribb sat be- Cabinet system of any Presi- weekly neighborhood news- hind Meese every day that he dent in modern time." paper and put the $6.40 they in the Army. He joined the mento. Reagan was the newl testified. One Senate staff He was, however, out- earned from it toward war Oakland District Attorney's elected Governor of Califor member swears they even flanked by Baker, who took bonds. He was valedictorian office just out of law school, nia, and Meese was a young the White House policy-mak- of his public high school class and was still there a few deputy district attorney fron dressed alike, so that "from behind the dais they just sort ing role for himself. But and the winner of a Lions years later, when Sanford H. Oakland with a penchant fo of melded together." At the Baker's credentials were sus- Club speakers' contest. He Kadish, a Berkeley law pro- publicity. Campus turbulenc White House, a "principals pect among conservative fac- notes with pride that all four fessor, recruited him to help in the 1960's had alread tions. Baker had been George of the Meese boys went to col- teach a clinical law program. given Meese his first bi only" rule was imposed to keep Meese from bringing Bush's Presidential cam- lege. "My folks made a lot of "I needed someone who break: he had directed the ai paign manager. He hadn't sacrifices so that we could," was actually working in the rest in 1964 of 761 protester Cribb into the weekly meet- ings at which judicial nomi- even registered as a Republi- he says. field," Kadish remembers. at the University of Califor can until 1970. This closet He traveled East for the "Ed was willing. He was very nia at Berkeley. In 1966, h nees were chosen. "Ken Cribb is kind of my moderate couldn't be the con- first time in 1949, to attend reliable. Always did what he testified before the House Ur principal personal assistant," servatives' friend in the Yale, where 60 percent of his was supposed to do. Genial. American Activities Com says Meese. "He's an addi- White House. But Meese 1,123 classmates had gradu- Likable. There was a softness mittee that the Berkeley 01 tional set of arms, legs and, could. ated from elite Eastern and a gentleness to him, no ganizers of an early antiwa group were giving "aid an particularly, brains." "It turned out that Baker preparatory schools. Meese, sharp edges to his personal- In Cribb's view, the debate was the pragmatist, the having been awarded a last- ity. comfort to the enemy" an over judicial activism still doer," says a former Reagan minute scholarship that he "Ed didn't have profound that penalties of $20,000 an has many years to run: "The Administration official. "But now calls "a fluke," was vir- political convictions. He was 20 years in prison wouldn't b iscussion has been he was also the one the con- tually the antithesis of the your average, diligent young inappropriate if the grou y this Attorney Gen- servatives tended to scream typical Yale student, but he fellow from an average Re- carried through with plans 1 it takes a generation about. They thought he was found a niche for himself with publican background, and he march on an Army inductic for day-to-day politics to breaking the faith. And a slew of extracurricular ac- might have continued in just center. catch up with ideas that are Meese became the person tivities: debate team; Politi- that way, except that his at- Meese signed on as th first expressed in a philo- who conservatives turned to. cal Union; a religious club; tractiveness led to opportuni- Governor's extradition an sophical context. For exam- He filled a vacuum. He be- freshman crew; manager of ties. He became an ally of clemency secretary but SOC ple, the politics of the 1960's came, in essence, what other the track team; librarian at people who had very pro- transformed the job into th: were the result of philosophi- conservatives thought he was his residential college. found political beliefs, and he of Reagan's legal-affairs a cal ideas first expressed in - what they made him into. Among his notable qualities assimilated those beliefs." viser, and within two year the 1930's. So what we're say- He became the darling of the were an abiding loyalty to There is a disarming sim- was his executive secretar ing now will be important for conservatives." even casual acquaintances, plicity to the way Meese the highest staff job. He was Paul D. Kamenar, execu- and his energy and enthu- characterizes his relation- the capable, loyal aide who generations to come." An inveterate note-taker tive legal director of the con- siasm for almost any task. ship with the man who has reduced complex problems to and maker of charts and dia- servative Washington Legal Two of Meese's younger given him, or helped him get, a few clear choices for his grams, Meese likens his role Foundation, describes the roommates at Yale recalled just about every important boss to choose from. at Justice to being atop a relationship between the Jus- recently how he took an al- job he has had during the last When Reagan left office well-regimented corporate tice Department and conser- most parental interest in two decades. 1974, Meese moved to the Sa structure. During his tenure vative interest groups as them, patiently teaching one "Well, I guess the way I'd Diego suburb of La Mes at the White House, however, "conscious parallelism." to play bridge and helping an- describe it, we have worked After a year with Rohr Indt where his Cabinet-level staff tries Inc., a manufacturer job of counselor to the Presi- aerospace components, started a law practice; } dent gave him responsibility main clients were the Re for seeing to it that each de- partment hewed closely to gan precampaign committe called Citizens for the Rept the President's policies, Meese found himself part of lic, and the state Chamber Commerce. an organization beset by jeal- In 1977, Meese began tea( ousies and infighting. The battle among the President's ing at the law school of t University of San Diego, top advisers was frequently waged through the press, and small private school. He a) became director of the la it was Meese's reputation school's Center for Crimir that suffered the most. as supposed to for- Justice Policy and Mana ment. During his three-ye policy and James tenure with the center, whi he chief of staff, was to make the trains was financed by conservati run on time," one White groups, Meese publish House aide recalls. "But he three papers, two deali with police-press relatic never really got the policy- and a third on child abuse. development syndrome. The Attorney General n 70 through a meeting CAMPS MEESE ADVISORY SERVICES Continued from Page 96 FREE looks upon his days in San Diego wist- want to proceed. He insisted just ab- Camp Referral fully. "We had a beautiful home," he solutely the opposite. He wanted me Service says. "I had a good job. I had the abil- to go through with the thing. It was ity to do three things: teach, direct the American Camping that kind of support. I felt a commit- Association criminal justice center, and practice ment to him. I wanted to carry out law on the side. And, economically, what the President wanted me to do." Personalized Guidance to match your needs with the we were doing very well. So it was an In the summer of 1982, Meese's 19- Roch right program, location and ideal situation. I would have been year-old son Scott, the middle of three cost Bill very happy to stay there." Only ACA accredited camps children and a sophomore at Prince- Send for Parents' Guide to It is easy to understand how Meese ton, was killed in an automobile acci- Accredited Camps 8 time Nat'l X-C could romanticize his time in San dent. Meese and his wife, Ursula, We'renon-profit- Ski Champion commission free Olympic Silver Medalist Diego. It had been a charmed exist- were devastated by the tragedy. "It's World Cup Winner 43 W. 23rd Street ence compared to what awaited him the worst thing, obviously, that's ever in Washington. ACCREDITED NYC 10010 happened to us," he says now, his CAMP 212-645-6620 Nordic Track Pro Besides the infighting at the White eyes welling up. "And I think I was With Adjustable House, there were financial problems just fortunate to have a lot of very Elevated Legs brought on by carrying two big mort- good friends who were helpful at that gages. Unable to sell his home in La time, including the President, who Mesa for 20 months, Meese had none- was extremely helpful and support- SCHOOLS theless purchased a new house in ive. The President and Nancy Rea- McLean, Va. He fell 15 months behind gan." in his payments on the California Meese holds dear the traditional residence, but two savings and loan values that his relationship with the SPECIAL are. Call officials who oversaw Meese's ac- Reagans embodies. In his own mind, -5888 count looked the other way. Both the Justice Department is an exten- -448-6987 later got Federal jobs, as did a La sion of those values, providing law en- Mesa businessman who arranged a forcement that is not just vigorous the dic/rack © PSI 1986 $70,000 loan - later forgiven - to a but, he says, "compassionate" as buyer to facilitate the purchase of well. As Meese sees it, that means Academy Horizons Meese's house. Questions were also protecting the average man from vd. N., Chaska, MN 55318 Pioneering the process raised, among other things, about crime, from pornography or even his of total education Meese's stock trading and whether he own Government. And he has no A structured academic and social Grades 8 thru obtained special treatment from Gov- doubt that the people who really mat- environment for students with Small Class learning. interpersonal, and Academic an ernment agencies for businesses in ter are behind him. adjustment difficulties OUTSTANDIN which he had an interest. "The law enforcement community RD Hart Rd St Johnsville. NY 13452 Lakeside Cam It was such goings-on that led his 518-762-4690 has labored for many years being the 3Y PHONE predecessor at Justice, William scapegoat for the increase in crime, Write Ja 85 French Smith, to appoint a special while having to take a lot of court CO-ED BOARDING SAVINGS prosecutor to investigate Meese. decisions which have been inimical to rics for draperies, When Meese has occasion to mention effective law enforcement," he says. room ensembles. Smith now, it is almost never by "I have gotten a tremendous re- SCHUYLER ACADEMY Anju, Bloomcraft, name. He is "my predecessor" the sponse from the law enforcement CO-ED COLLEGE PREP GRADES 6-12 Individual programs to meet each same way a candidate might refer to community because I am willing to student's needs. Ratio one to four. Clark. Jacquards, "my opponent." The investigation speak out on issues which are key to Sports, cultural and entertainment ac- Satins, In Stock. tivities SUMMER SESSION was an election-year liability for Ron- protecting the public." A PREPARATORY SC 518 695-3218 518 695-5357 mples vironment conducive ald Reagan, but he stuck by his friend or write SCHUYLER ACADEMY Box 25 strong citizenship q1 as he always had before, and Meese Schuylerville, N.Y. 12871 enjoying extensive 2 - who denied any wrongdoing - was Solutions to flying. Computer ins Band Scholarships. 7345 eventually cleared. In March 1985, 13 Students welcome. T months he was first nominated, Last Week's Puzzles Jr. U.S.A. Ret.. Supe Available Ave., Cornwall-On- he was sworn in as Attorney General. ALTER SGT AMY PLACE MC/VISA One of his lieutenants remembers TOUTER ACADEMIA ROTOR Now is how his boss tried to laugh off the ig- BALATA FAREWELLTOARMS ATL ADSORB ANNIE DIET nominy during one of his first staff THESKINOFOURTEETH a good meetings. "Not such a bad record," LICIT RTS Meese had quipped, "nominated in CABINET SHE CAULICLE OPERA POSTERS PRONGS WAYOFALLFLESH time to February, confirmed in March." Free Brochure available of the AMOK WAAL BINGE DER Meese does not like to discuss the SETIN PIT RISK MES famous "Ricordi-La Scala" year he spent in limbo, a period when THEHEARTOFTHEMATTER buy a Magnificent thou scholarship, WC business. as WE Opera Poster collection. Re- RIN GIRD IRE CALEB desirable traditic produced in full color from Justice Department morale sank per- OSUNA PEST NONO house. tion when neede APE originals in archives. Puccini, ceptibly. But it is clear he was deeply 75 horses and in DADDYLONGLEGS ODDITY tion academics/r Verdi's most famous Opera's! affected by it. He calls the confirma- ICEBOATS LAT SPOONED TALES SHELF T. Ingham, V Size 20"x28" limited printing. tion battle "an unfortunate byproduct PGS You're sure to THEGREATSTONEFACE Fiesta Arts, Inc. of the ultrapartisan politics that's STOA APRIL ELUDES GOV find the right P.O. Box 211, Northern Blvd. Greenvale, N.Y. 11548 practiced by some people here. But I LAMBI S NOTIME one at the right ATALL APOSTLES DUELER don't think you're ever going to BERYL HEN OAS TRETS price in the right change people. There are just some ELLEN GOODMAN: KEEPING place from people who believe in political char- ell by mail? acter assassination, and it's unfortu- IN TOUCH Today's self-im- the great provement tack is physical. selection nate that they get elected. It's one of ate the sales- Like medieval flagellants, we are advertised seven the sad parts about any political sys- Ma making qualifications of tem." supposed to whip our muscles into days a week in A private sch THE NEW YORK TIMES Of this time, Meese now says: "You line and beat our cellulite into SHOPPING MART always have days when you wake up shape. It is no longer enough to The are learning provides an u programs and Write The New York Times and say, 'Why are you doing this?' I walk in the path of righteousness, New York and caring hc told the we have to run in it. STOU THE WHITE HOUSE WASHINGTON November 5, 1987 The President's Vision of the Spirit, Strength and Wellbeing of the American People The independence, strength and wellbeing of America's families continues to be a priority for this administration. Strong families are the foundation of our society, and it is the role of government at all levels to defend the integrity of this fundamental unit. It is, after all, in the living rooms and kitchens of America's families that decisions are made on education, health needs, job opportunities, recreation, care for elderly family members and support for those less. fortunate in our communities. The federal government has a role to play under our Constitution in supporting the institution of the family, not undermining it, and the policies of this administration are designed to encourage family security, independence and general family wellbeing. Education: Assessment of Education Reforms -- In 1983 a landmark report was presented to the American people. "A Nation at Risk" sparked a National Debate on the quality of education, and now -- five years later we are assessing the progress we have made towards greater choice for parents in the education of their children, higher academic standards in the classroom, flexibility in the way our teachers are compensated, reducing the use of drugs in our schools, allowing our children the right to voluntarily pray in the classroom, and transmitting the rich heritage of history and our republican form of government. On March 26, 1987, the President charged Secretary Bennett to develop a follow-up to the landmark report, "A Nation At Risk, issued in May 1983. This new report will be released in May 1988, and will assess what has happened in education reform during the past five years and what further reforms are needed. Reauthorization of Funding for Disadvantaged Children -- Educational choice is an important Administration objective. Therefore, we will actively promote our reauthorization proposal for the Education Consolidation and Improvement Act, which includes expanded choice for parents of disadvantaged children and more accountability for results by local education agencies. -2- Health Care The health of American families is of vital importance to all of us. Catastrophic events have in times past reduced many to poverty levels before help could be made available. Medicare will provide greater protection to those who are faced with unexpected medical disasters, if our legislative proposal is passed by the Congress. Protection for the General Population Under Age 65 My Administration will work with the private sector to educate the public about the risks, costs, and financing options available for catastrophic illness insurance, as well as the limitations of coverage for such expenses under public insurance programs. We will work with States to develop the following innovations and initiatives: Require that catastrophic coverage be offered in all employment-related insurance. -- Form State risk pools to subsidize insurance for those whose medical condition makes it prohibitively expensive or impossible to get insurance. -- Change Federal regulations to allow States greater flexibility in managing State Medicaid programs. -- Develop new programs such as loan guarantees and catastrophic insurance requirements for motor vehicle registration. I have directed Treasury to study the impact on provision of catastrophic illness insurance coverage of the following tax policy changes: -- Expanding the 25% deduction available to sole proprietors or unincorporated businesses to 100%, if coverage is included for catastrophic illness. -- Expanding the advantages of the current deduction for incorporated businesses, if coverage is provided for catastrophic illness. -3- -- Mandating that employer-provided insurance only be deductible to the full extent provided by law if a catastrophic illness coverage option is offered. A report, on their findings, will be released in 1988. Long-term care for the elderly We will work with the private sector to educate the public about the risks, costs, and financing options available for long-term care, as well as the limitations of coverage for such service under Medicare and Medigap supplement insurance. The Treasury Department is studying ways of encouraging personal savings for long-term care through a tax-favored individual medical account (IMA) combined with insurance, and amending individual retirement account (IRA) provisions to permit tax-advantaged withdrawal of funds for long-term care expenses. That report will be issued in 1988. The Treasury Department is studying the development of the private long-term care insurance market and will propose legislation that would provide tax incentives for purchase of such care by individuals or employers. Catastrophic Illness Insurance for the Elderly The Treasury Department is studying ways to replace Medicare with a program of health care savings accounts for savings used to buy basic post retirement health insurance. My Administration will move aggressively to encourage Medicare beneficiaries to enroll in private health plans, such as HMOs, many of which offer catastrophic coverage. AIDS AIDS is a public health problem that requires our best national efforts to combat the spread of this deadly virus. We will encourage increased routine testing, research to find a cure, and approval of drugs to treat the disease. We are moving rapidly with a series of surveys conducted by the Public Health Service to determine if the virus is spreading to that part of the population that is now considered at low risk. Our educational efforts which are designed to encourage behavioral changes will continue at a vigorous pace. -4- HHS and the Office of Science and Technology Policy, are developing an integrated, scientific modeling effort to evaluate data on the HIV infection already obtained and ways to guide further data collection to reduce the uncertainties in estimates of prevalence and rates of spread. The Centers for Disease Control (CDC) will continue to collect and analyze data from current sources from which a November 30, 1987 estimate of the prevalence of HIV in the U.S. was made. In March and June 1988, and each quarter thereafter, an estimate of the incidence of HIV and the rate of spread, based on the data from these sources, will be provided to the Domestic Policy Council. Abortion We are developing a solid body of public health information on the effects of abortion on women. Growing numbers of women who have had abortions now say that they have been misled by inaccurate information. Making accurate data on maternal morbidity available to women before an abortion is performed is an essential element of informed consent. I have directed the Surgeon General to issue a comprehensive medical report on the health effects, physical and emotional, of abortion on women. That report will be released in August 1988, with recommendations on what further steps should be taken. I have submitted legislation that would stop all federal funding for abortion and have asked Congress to act quickly to pass it. This continues to be a top priority, and I will do everything possible to see abortion ended in this nation. Adoption Adoption is an important way for families to be strengthened. Many children are waiting for loving homes and the taskforce on adoption has issued a report that points out ways in which barriers to adoption can be removed so that children who need homes can be welcomed to families who want them. A full report will be released by the Task Force in March 1988. Crime Reduction in crime continues to be a top priority. The Comprehensive Crime bill submitted to Congress is still awaiting action. It is important that we take action to protect our streets and homes from those who terrorize them. Our law enforcement officials need the tools to further reduce crime in America. -5- Pornography In 1985 the Commission on Pornography submitted a report with recommendations on how to stop the $9 billion pornography industry that threatens children and adults alike. Congress has received the Child Protection and Obscenity amendments of 1987 which respond to 95% of the Commission's recommendations. Passage of this legislation is vital, since it means that the pornography industry's days are numbered. I am asking the Congress to pass this legislation by June 1988. I will also issue an Executive Order directing that all obscene material being sold in any federally controlled installation be removed. Low income opportunity The independence of those who for reasons beyond their control are temporarily receiving welfare is of continued importance. The Low Income Opportunity Board, established by Executive Order in 1987 is moving forward with the States in order to provide new opportunities for welfare recipients to find jobs and become financially independent. Greater Opportunities Through Work (GROW) is a new employment and training program in AID to Families with Dependent Children (AFDC) which will prevent and reduce welfare dependency by increasing the focus on activities that assist young recipients and mothers of young children. GROW would lower the current exemption from work activities for mothers with children under six years of age to mothers with children under six months. It will mandate large-scale participation in work activities by welfare beneficiaries in all States. For the first time, uncapped supporting Federal funds for job search and workfare administration, job-related expenses, and child care will be provided at a 50 percent matching rate with the States. The Job Training Partnership Act (JTPA) Summer Youth Employment Program within the AFDC Youth Training Program will be restructured to permit States to provide year-round intensive services to young men and women in welfare families who face multiple barriers to becoming productive adults. In addition to education, employment and job training activities designed to prepare and place youths in jobs, this new program will fund basic and remedial education; counseling on drug abuse; counseling on pre-natal care and pregnancy prevention; and classes on child care and life skills planning. -6- The Child Support Enforcement Program will seek increased payments by absent parents in support of the children they brought into the world. This change builds on reforms enacted in 1984, which required States to set guidelines for support award amounts. It requires judges to use these guidelines in almost all cases. We are also recommending that incentive payments go only to those States which are efficient and effective in collecting child support payments on behalf of AFDC families. Federalism The appropriate relationship of the national, state and local governments, as defined by the Constitution will be strengthened by the implementation of my Executive Order on Federalism which requirs that all departments and agencies of the federal government to make sure that regulation and legislative proposals do not preempt the authority of the states. This year a major effort is under way to make sure that all departments and agencies implement this Order. The family I issued an Executive Order requiring that all federal regulation and legislation be measured by how they impact the family. This is another step toward insuring that government does not undermine family values. A report on federal programs that have a negative impact on the family will be released in March 1988, and recommendations on how to eliminate any negative impact will be presented for my consideration. Drug abuse The White House Conference on Drug Abuse will be releasing its findings in the Spring of 1988. Their recommendations will help us in our continued fight against illegal drug use. The Justice Department will continue its efforts to interdict drugs from abroad and apprehend and prosecute those who continue to traffic in drugs in this country. -7- CDBG Regulations The Council will receive a recommendation from the Working Group on Legal and Regulatory Policy on how to reconcile the differences between recent Supreme Court decisions and Administration policy regarding federal funding of emergency shelters and staples for homeless people through religious organizations. Disability Rights The Council may be asked to review proposed legislation developed by the Working Group on legal and regulatory policy to insure the right of disabled people to participage in the job market on an equal basis as other Americans. Homelessness The Council may be asked to consider proposals that address homelessness as proposed by the Interagency Council on the Homeless. 4-12-85 (No. 71) LL - - 1 BNA's Daily Reporter System TAX-RELATED DAILY REPORT FOR EXECUTIVES ECONOMIC DEVELOPMENTS PRESIDENT: REAGAN REDUCES CABINET-LEVEL COUNCILS FROM SEVEN TO TWO MAJOR PANELS President Reagan announced April 11 that he has reorganized the major policy-making apparatus at the White House by reducing from seven to two the Cabinet-level policy councils responsible for Administration initiatives on a broad range of domestic and international matters. In a statement issued in California, where he is vacationing, the President said he was restructuring the Cabinet councils at the request of White House Chief of Staff Donald Regan, who will be directly responsible for coordinating the activities of the two new policy panels. Reagan said that the new Economic Policy Council and the Domestic Policy Council-both of which he formally will chair-"will serve as the primary channels for advising me on [domestic] policy matters." Besides replacing the existing seven Cabinet councils, the two new policy panels also will absorb the duties of the Senior Interagency Group-International Economic Policy (SIG-IEP). Created four years ago, the seven Cabinet councils and SIG-IEP have played key roles in shaping the economic and tax policies of the Administration. The most active of these panels, the Cabinet Council on Economic Affairs, has been particularly instrumental in honing the President's budget and tax programs since 1981 Other Cabinet councils were responsible for areas in commerce and trade; food and agriculture; natural resources and the environment; human resources; management reforms, and legal policy. Headed by Cabinet secretaries, each of these councils had dozens of working groups that would work on specific projects for presentation either to the full Cabinet or directly to the President. Under the reorganized system announced April 11, the Economic Policy Council will be primarily responsible for economic policy issues, while the Domestic Policy Council will consider issues "not primarily economic in nature," according to White House officials. One senior presidential assistant pointed out that the new Cabinet council system will help eliminate time lags inherent in having many panels with equal authority reviewing similar issues, as well as "intermural" activities that sometimes would slow policy development among the seven individual Cabinet councils. "These [two] new entities will streamline policy development and decision making," Reagan noted in his statement. "Together with the National Security Council (NSC), they will serve as the primary channels for advising me on policy matters,' his statement read. By statute, the NSC has primary responsibility over intelligence and security affairs, a White House aide said. White House spokesman Larry Speakes said that, while some internal personnel changes will be made, "there won't be new jobs" added to the President's staff. Rather than create new staffs for the two new councils, the White House Office of Policy Development staff will continue to provide policy expertise, Speakes said, noting, however, there may be "new persons to fill the [existing] slots. Speakes said that the new Economic Policy Council will be composed of the secretaries of State, Treasury, Agriculture, Commerce and Labor, plus the director of the Office of Management and Budget, the U.S. Trade Representative and the chairman of the Council of Economic Advisers. Copyright © 1985 by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 0148-8155/85/$00.50 LL 2 (No. 71) TAX-RELATED ECONOMIC DEVELOPMENTS (DER) 4-12-85 In addition, Speakes said, the heads of the national security community and the assistant to the President for national security affairs will sit in on Council meetings whenever necessary. In the absence of the President, Speakes said, Treasury Secretary James Baker ill serve as chairman pro-tempore. The new Domestic Policy Council will be composed of the attorney general, the ecretaries of the Interior, Health and Human Services, Housing and Urban Development, Transportation, Energy and Education, and the director of the Office of Management and Budget, Speakes said. "In my absence, the Attorney General [Edwin Meese] will serve as chairman pro tempore," Reagan said in his statement. Although the Defense Department is not listed on the official roster of either council, Speakes said that "nothing should be read into" the omission. "Cap Weinberger is a statutory member of the NSC. There are domestic sides of [policy], but I would judge that the secretary of Defense and the director of the CIA [Central Intelligence Agency] will be involved in many meetings on subjects that touch on their areas," Speakes said. To coordinate the activities of both new councils, Speakes said that each will be headed by an executive secretary who will report directly to Regan, as the single person with ultimate responsibility over all policy-making under the President. By his position, Regan also will serve as an ex officio member of the Economic and Domestic Policy Councils, Speakes said, as will Vice President Bush. --Θ U.S. BUDGET: PROPOSED COLA LIMITS WOULD PUT MORE THAN 600,000 BELOW POVERTY LINE, CBO SAYS The cutbacks in cost-of-living adjustments for non-means-tested entitlement programs proposed in the compromise budget plan agreed to by the White House and Senate GOP leaders buld put more than 600,000 below the poverty line, according to a Congressional Budget ffice study. CBO simulated the effects of the COLA limits plan on recipients of Social Security, railroad retirement, civil service retirement, and military retirement benefits. Under the proposal, annual COLAs for these programs would be limited for the next three years to the change in the Consumer Price Index minus two percentage points (Report No. 70, LL-2). Also considered in the CBO analysis was an attendant increase in the federal Supplemental Security Income guarantee level of $10 per month for individuals and $15 for couples. The SSI program is geared to provide additional income for the very poor, largely the low-income aged, the blind and disabled. In addition, CBO calculated the effects of the compromise plan using both its own inflation assumptions and those endorsed by the Office of Management and Budget. Under the CBO assumptions the benefit increases would be 2.0 percent, 2.6 percent and 2.2 percent for the next three years, respectively. Recipients would receive 94.6 percent of the benefits they would get under current law. Using the OMB assumptions, the benefits would rise 2.1 percent, 2.3 percent, and 2.1 percent for the next three years, respectively, and beneficiaries would get 94.3 percent of what they could expect under current law. Using CBO's inflation assumptions, the reduction in COLAs for non-means-tested program benefits would push 600,000 below the official poverty line. Of these additional poor, 410,000 would be elderly, CBO said. If the COLA reduction is offset by the increases in SSI guarantees, the number of additional poor would be 530,000, of which 360,000 would be lderly, according to the report. Copyright © 1985 by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 0148-8155/85/$00.50