Archive
STATUS OF NATIONAL PARTNERSHIP FOR REINVENTING GOVERNMENT
(formerly NATIONAL PERFORMANCE REVIEW)
RECOMMENDATIONS RELATED TO:
"STRENGTHENING THE PARTNERSHIP IN
INTERGOVERNMENTAL SERVICE DELIVERY"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
*****************************************
FSLO1 IMPROVE THE DELIVERY OF FEDERAL
DOMESTIC GRANT PROGRAMS
*****************************************
FSL01.1 Create flexibility and encourage innovation
by designing a bottom-up solution to the problem of
grant proliferation and its accompanying red tape.
******************************************************
HR 820, National Competitiveness Act of 1994, passed the Senate on
March 16, 1994. Includes (as Title XI) the "Local Empowerment and
Flexibility Act of 1994" This legislation establishes a pilot
program (maximum of 30 communities in maximum of 6 states) to empower
and provide communities the flexibility to integrate programs and
program funds across existing Federal assistance categories.
Included are programs for economic development, employment training,
health, housing, nutrition, rural development, and other social
services. Localities must develop a local flexibility plan which
includes, among other things, specific goals and measurable
performance and a system for the comprehensive evaluation of the
impact of the plan on the participants, the community and program
costs. It provides the Community Enterprise Board authority to waive
any requirements applicable under Federal law or regulation necessary
for the implementation of local flexibility plans. Conferees have
been named in both the House and the Senate.
P.L. 103-227, Goals 2000, establishes six flexibility demonstration
projects under the "Education Flexibility Partnership Demonstration
Act". Under this demonstration, States can apply for designation as
one of the six "Ed-Flex Partnership States" which would give them the
authority to waive any statutory or regulatory requirement applicable
to any program or Act as described in the law without seeking
approval from the Department of Education. States will be eligible
for designation if they have prepared an improvement plan, have
waived State statutory and regulatory requirements for the local
authorities within the demonstration area, and have established
performance measures for ensuring accountability to outcomes in the
improvement plans.
The Administration's community empowerment initiative is designed to
solicit bottom-up proposals from communities on how to revitalize
individual communities. Applications for empowerment zone/enterprise
community designation require community-wide comprehensive, strategic
plans which look at economic and human development factors in a
community.
Example of state-initiated bottom-up grant consolidation:
West Virginia and Indiana submitted Consolidated State Plans which
included 199 Federal programs that serve children and families.
These State "consolidations", as proposed, do not require legislative
change or waivers. They would be accomplished through administrative
processes, such as cost allocation, but from the customer level would
appear consolidated. President Clinton endorsed these consolidated
plans in January.
Various departmental initiatives are being developed and implemented
in this area as well. For example, the Department of Education's
Improving America's Schools Act proposes to:
o permit Title I school wide programs to incorporate funding
from other programs, so that children attending high- poverty
schools can benefit from a cohesive educational program rather than
receiving separate, often disconnected, categorical services.
o allow state and local educational agencies to submit
consolidated plans, rather than a separate plan for each program, in
order to present a single, comprehensive strategy for moving the
state or community toward achievement of the National Education
goals.
On October 26, 1993, the President signed an executive order
entitled, "Enhancing the Intergovernmental Partnership". In this
executive order, the President called for increasing flexibility for
State and Local waivers. He stated that each agency shall review and
streamline its waiver application process and "to the extent
practicable and permitted by law, consider any application by a
State, local, or tribal government for a waiver of statutory or
regulatory requirements in connection with any program administered
by that agency with a general view toward increasing opportunities
for utilizing flexible policy approaches at the State, local and
tribal level in cases in which the proposed waiver is consistent with
the applicable Federal policy objectives and is otherwise
appropriate". To the fullest extent practicable, the President
stated that decisions for waivers should be rendered within 120 days
of the receipt of the waiver application.
FSL01.2 Support proposals for federal-state flexibility grants.
****************************************************************
Several proposals, at various stages in the legislative process, have
been developed by agencies. For example:
o P.L. 103-227, Goals 2000: Educate America Act, establishes a
national framework for education reform and contains measures for
systemic educational reform using both top-down and bottoms-up
strategies. State and local educational agencies are encouraged to
develop comprehensive improvement plans that will provide a coherent
framework for the implementation of reauthorized Federal education
and related programs in an integrated fashion. States may receive an
allotment of funds for systemic improvement efforts and must submit a
State Improvement Plan after its first year of funding. The
Secretary has been given authority to waive Federal statutory and
regulatory requirements to enhance flexibility in the implementation
of systemic improvement plans.
o The Human Services Amendments of 1994, P.L. 103-252, signed by
the President on May 18, 1994, created the Community-Based Family
Resource Program by consolidating four HHS programs: the Family
Resource and Support Program; Emergency Child Protective Services
Grants; the Child Abuse Community-Based Prevention Program; and the
Child Abuse Prevention and Treatment Act (CAPTA). The purpose of the
new consolidated program is to assist each state to develop and
implement, or expand and enhance, a comprehensive, statewide system
of family resource services through collaboration with existing
education, vocational rehabilitation, health, mental health,
employment and training, child welfare, and other social services
agencies within the state.
o Labor's Reemployment Act proposes to consolidate six benefit and
training programs for dislocated workers who lose their jobs as a
result of government policy decisions: Trade Adjustment Assistance,
Clean Air Act, the North American Free Trade Agreement bridge
program, and the defense conversion and defense diversification
programs.
o Education's Improving America's Schools Act, the reauthorization
bill for elementary and secondary education programs, proposes to
consolidate the Eisenhower Mathematics and Science Education programs
and the Chapter 2 State Grants program into the Eisenhower
Professional Development program; consolidate the Drug-Free Schools
and Communities Act and the Safe Schools Act into a Safe and Drug-
Free Schools program; and consolidate the current Immigrant Education
program into the Bilingual Education authority which would create a
targeted discretionary grant program for school districts heavily
affected by immigration.
o HUD proposes combining HOPE homeownership programs into one
program under FHA; combining categorical McKinney Act homeless
assistance programs; merging the housing certificate and voucher
programs; and combining the HOPE VI and Urban Revitalization
programs.
NPR has requested agency input on candidates for consolidation for a
possible mega-consolidation bill at some later date, and will work
with state and local stakeholders to further develop ideas.
FSL01.3 Establish a cabinet-level enterprise board
to oversee new initiatives in community empowerment.
*****************************************************
The Community Enterprise Board was created by Presidential Memorandum
September 8, 1993. This board is chaired by the Vice President, with
the President's Assistants for economic and domestic policy serving
as vice chairs. Heads from 15 Federal agencies serve as members.
********************************************
FSL02 REDUCE RED TAPE THROUGH REGULATORY
AND MANDATE RELIEF
********************************************
FSL02.1 Give cabinet secretaries and agency heads
the flexibility to authorize selective relief from
regulations and mandates.
***************************************************
See description of HR 820 and other actions under FSL01.1 above.
In addition to legislation, Federal agencies are doing what they can
to provide greater flexibility to improve government services. For
example, at the Department of Defense, Secretary Perry sent a memo on
waiver authority throughout DOD on March 28, 1994. The memo stated:
"The President and Vice President have charged us to radically change
the way the government operates -- to shift from top-down bureaucracy
to entrepreneurial government. To further this goal, I hereby
delegate to the Secretaries of the Military Departments and Directors
of the Defense Agencies the authority to waive with the approval of
the Secretary of Defense or Deputy Secretary of Defense any
requirement contained in a DOD Directive of with the approval of the
responsible OSD Staff Principal any requirement contained in a DOD
Instruction of Publications, for activities being streamlined or
reengineered in support of the National Performance Review. I expect
appropriate waiver proposals to be approved whenever possible. The
Service Secretaries and Defense Agency Directors may not supplement
the DOD requirements so waived and are encouraged to waive other
requirements within their authority as appropriate....A Staff
Principal's denial of a request will be subject to review by the
Secretary of Defense or Deputy Secretary of Defense.....".
FSL02.2 Issue a regulatory executive order addressing
the problems of unfunded federal mandates and regulatory relief.
****************************************************************
Executive Order 12866, Regulatory Planning Review, signed September
30, 1993.
Executive Order 12875, Enhancing the Intergovernmental Partnership,
signed October 26, 1993.
Additionally, OMB has begun quarterly meetings with intergovernmental
partners on how to work together on regulations affecting State,
local and tribal governments. The first two meetings, held on
December 1, 1993 and March 23, 1994, were chaired by Sally Katzen,
Director of OMB's Office of Information and Regulatory Affairs.
Issues discussed included Federal Advisory Committee Act (FACA),
waiver processes, and guidelines on unfunded mandates.
***********************************************
FSL03 SIMPLIFY REIMBURSEMENT PROCEDURES FOR
ADMINISTRATIVE COSTS
***********************************************
FSL03.1 Modify OMB circular A-87, "Cost Principles for State and
Local Governments", to provide a fee-for-service option in lieu of
cost reimbursement (covering administrative costs of grants).
******************************************************************
OMB is planning consultation with states and localities to develop
details of fee-for-service option. Woody Jackson at OMB is taking
the lead.
********************************************
FSL04 ELIMINATE NEEDLESS PAPERWORK BY
SIMPLIFYING COMPLIANCE CERTIFICATION PROCESS
********************************************
FSL04.1 Simplify grant compliance certifications by modifying OMB's
requirements.
*********************************************************************
NPR and OMB exploring the best way to implement this recommendation,
that must be fleshed out in consultation with stakeholders.
**********************************************
FSL05 SIMPLIFY ADMINISTRATION BY MODIFYING
THE COMMON GRANT RULES ON SMALL PURCHASES
**********************************************
FSL05.1 Modify OMB circular A-102, "Grants and Cooperative
Agreements to State and Local Governments", to require that the
common grants management rules increase the dollar threshold for
small purchases by local governments from $25,000 to $100,000.
****************************************************************
To accomplish this action item, OMB circulated a draft amendment to
the common rule for agency comment in February 94. OMB will publish
the proposed rule after incorporating agency comments.
******************************************************
FSL06 STRENGTHEN THE INTERGOVERNMENTAL PARTNERSHIP
******************************************************
FSL06.1 Reinvent the Advisory Commission on Intergovernmental
Relations (ACIR) and charge it with responsibility for continuous
improvement in federal, state, and local partnership and
intergovernmental service delivery.
******************************************************************
The President has appointed former Governor Bill Winters as ACIR
chairman and 19 new commissioners. This action by the President has
brought the ACIR to its full capacity as a 26 member Commission. The
President attended the first meeting with Bill Winters as chair on
December 1, 1993. In addition, ACIR has selected a new Executive
Director and has developed a work plan which includes as action items
the NPR recommendations directed to ACIR.
FSL06.2 Develop appropriate benchmarks and performance measures to
improve the understanding of public service delivery effectiveness.
The President should direct the Cabinet- level Enterprise Board
and/or request ACIR to provide leadership in developing a systematic
process to define and measure national benchmarks.
*********************************************************************
The Community Enterprise Board has addressed the issue of benchmarks
and established benchmarking as a priority in the Empowerment Zones
and Enterprise Communities initiative. The application, released
earlier this year, states, "A vision for change is not a laundry list
of concerns, shortcomings, and deficits. Instead, it is a strategic
map for revitalization........ A strategic plan also sets real goals
and performance benchmarks for measuring progress and establishes a
framework for assessing how new experience and knowledge can be
incorporated on an ongoing basis into a successful plan for
revitalization."
ACIR is planning to organize five task forces to address five
intergovernmental issues as part of a nationwide, consensus-building
initiative to strengthen the intergovernmental system. One of the
task forces will focus on "Benchmarking Intergovernmental Service
Provision".
The Goals 2000: Educate America Act (P.L. 103-227, Title III, State
and Local Education Systemic Improvement) calls for the establishment
of benchmarks in State improvement plans to specify measurable goals
for improved student performance and for progress in implementation
of the State improvement plan as well as timelines for charting
progress in carrying out the plans.
NPR and the Alliance for Redesigning Government are encouraging State
benchmarking efforts such as those of Oregon, Utah, and Minnesota.
OMB has designated one Government Performance and Results Act
intergovernmental pilot in the area of child support enforcement.
FSL06.3 Convene meetings which draw together leaders from federal,
state and local government to review, refine, and advance
intergovernmental recommendations of the NPR.
********************************************************************
The President and the Vice President met with both the Governors and
Mayors during those groups' mid-winter 1994 conferences. The
President also attended the first ACIR meeting under the newly-
appointed chair.
OMB has been actively consulting with state and local stakeholders
regarding the regulatory review process. See description under
FSL02.2.
The White House Office of Intergovernmental Affairs and the Federal
agencies have continuous efforts underway to further strengthen
intergovernmental partnerships. For example, EPA has developed an
intergovernmental steering committee to guide efforts towards an
Agency/State environmental partnership. Through this committee, the
EPA has established principles for a more flexible grant process and
are in the process of establishing the necessary legislative
strategy.
Outreach to state and local officials has been a central component of
the Administrations' welfare reform policy development process. The
White House Working Group on Welfare Reform, Family Support and
Independence, established by the President in May, 1993, has sought
and received considerable input from state and local leaders in
welfare reform.
ACIR has proposed a major nationwide initiative of research,
consultation, and consensus-building among federal, state and local
officials and private citizens, culminating in a "federal-state-local
leadership roundtable" in the Fall of 1995 to seek common ground
towards fundamental intergovernmental reform.
NPR is encouraging other intergovernmental activities such as the San
Antonio Federal Executive Board reinvention lab initiative to remove
red tape and improve internal operations so that intergovernmental
partners can work together to create flexibility and solve problems
in the community. In addition, the Department of Energy's (DOE)
Office of Energy Efficiency and Renewable Energy reinvention lab on
"Reinventing Federal, State, and local partnerships" is working
toward better partnerships by involving stakeholders earlier and more
completely in the strategic, multi-year annual operating and budget
planning, by providing more flexibility in the implementation of
state and local provisions of the Energy Policy Act of 1992, and by
building more public/private collaborations to create and pilot
innovations.
NPR is also partnering with the Alliance for Redesigning Government,
the Institute for Educational Leadership, the National Rural
Development Partnership, Interchange '94, the Federal Quality
Institute, the Indiana and West Virginia consolidate state plans for
children and family services, Partnership Minnesota, Oregon
Benchmarks, the Atlanta Project, and others to convene additional
intergovernmental and interagency forums focused on improving public
services to families and communities throughout the country.