Philip K. Howard: Principles to unify America
The Great Seal of the United States. The Latin means “Out of Many, One’’
“America is deeply divided”: That’s the post-mortem wisdom from this year’s election.
Surveys repeatedly show, however, that most Americans share the same core values and goals, such as responsibility, accountability and fairness. One issue that enjoys overwhelming popular support is the need to fix broken government. Two-thirds of Americans in a 2019 University of Chicago/AP poll agreed that government requires “major structural changes.”
President-elect Biden has a unique opportunity to bring Americans together by focusing on making government work better. Extremism is an understandable response to the almost perfect record of public failures in recent years. The botched response to COVID-19, and continued confusion over imposing a mask mandate, are just the latest symptoms of a bureaucratic megalith that can’t get out of its own way. Almost a third of the health-care dollar goes to red tape. The United States is 55th in World Bank rankings for ease of starting a business. The human toll of all this red tape is reflected in the epidemic of burnout in hospitals, schools, and government itself.
More than anything, Washington needs a spring cleaning. Officials and citizens must have room to ask: “What’s the right thing to do here?” If we want schools and hospitals to work, and for permits to be given in months instead of years, Americans at every level of responsibility must be liberated to use their common sense. Accountability, not suffocating legal dictates, should be our protection against bad choices.
But there’s a reason why neither party presented a reform vision: It can’t be done without cleaning out codes that are clogged with interest-group favors. Changing how government works is literally inconceivable to most political insiders. I remember the knowing smile of then-House Speaker John Boehner’s (R.-Ohio) when I suggested a special commission to clean out obsolete laws, such as the 1920 Jones Act, which, by forbidding foreign-flag ships from transporting goods between domestic ports, can double the cost of shipping. I also remember the matter-of-fact rejection by then-Rep. Rahm Emanuel (D.-Ill.) of pilot projects for expert health courts — supported by every legitimate health-care constituency, including AARP and patient groups — when he heard that the National Trial Lawyers opposed it: “But that’s where we get our funding.”
Cleaning the stables would help everyone, but the politics of incremental reform are insurmountable. That’s why, as with closing unnecessary defense bases, the only path to success is to appoint independent commissions to propose simplified structures. Then interest groups and the public at large can evaluate the overall benefits of the new frameworks.
Over the summer, 100 leading experts and citizens, including former governors and senators from both parties, launched a Campaign for Common Good calling for spring cleaning commissions. Instead of thousand-page rulebooks, the Campaign proposed that new codes abide by core governing principles, more like the Constitution, that honor the freedom of citizens and officials alike to use their common sense:
Six Principles to Make Government Work Again
Govern for Goals. Government must focus on results, not red tape. Simplify most law into legal principles that give officials and citizens the duty of meeting goals, and the flexibility to allow them to use their common sense.
Honor Human Responsibility. Nothing works unless a person makes it work. Bureaucracy fails because it suffocates human initiative with central dictates. Give us back the freedom to make a difference.
Everyone is Accountable. Accountability is the currency of a free society. Officials must be accountable for results. Unless there’s accountability all around, everyone will soon find themselves tangled in red tape.
Reboot Regulation. Too few government programs work as intended. Many are obsolete. Most squander public and private resources with bureaucratic micromanagement. Rebooting old programs will release vast resources for current needs such as the pandemic, infrastructure, climate change, and income stagnation.
Return Government to the People. Responsibility works for communities as well as individuals. Give localities and local organizations more ownership and control of social services, including, especially, for schools and issues such as homelessness.
Restore the Moral Basis of Public Choices. Public trust is essential to a healthy culture. This requires officials to adhere to basic moral values — especially truthfulness, the golden rule, and stewardship for the future. All laws, programs and rights mist be justified for the common good. No one should have rights superior to anyone else.
Is America divided? Many of the problems that caused people to take to the streets this year reflect the inability of officials to act on these principles. The cop involved in the killing of George Floyd should have been taken off the streets years ago — but union rules made accountability impossible. The delay in responding to COVID was caused in part by ridiculous red tape. The inability to build fire breaks on the west coast was caused by procedures that disempowered forestry officials.
The enemy is not each other, as President-elect Biden has repeatedly said. The enemy is the Washington status quo — a ruinously expensive and paralytic bureaucratic quicksand. Change is in the air. But the politics are impossible. That’s why one of first acts of President Biden should be to appoint spring cleaning commissions to propose new frameworks that will liberate Americans at all levels of responsibility to roll up their sleeves and make America work again.
American government needs big change, but the changes could hardly be less revolutionary. Instead of attacking each other, Americans need to unite around core values of responsibility and good sense.
Philip K. Howard is founder of Campaign for Common Good. His latest book is Try Common Sense. Follow him on Twitter: @PhilipKHoward.
Mr. Howard, a lawyer, is the founder and chairman of the nonprofit legal- and regulatory-reform organization Common Good (commongood.org), a New York City-based civic and cultural leader and a photographer. This piece first ran in The Hill.
Philip K. Howard: A plan to fix America's crumbling infrastructure?
The Crook Point {Railroad} Bridge over the Seekonk River, in Rhode Island.
Fixing America’s decrepit infrastructure enjoys rare bipartisan support. But the recent announcement of a $2 trillion plan by President Trump, Speaker Nancy Pelosi (D-Calif.) and Minority Leader Chuck Schumer (D-N.Y.) was quickly doused by reality. White House Chief of Staff Mick Mulvaney said the proposal would go nowhere without permitting reform. Leaders in Congress, including some Democrats, said they would not support any significant increase in gasoline taxes to fund it.
No one seriously doubts the need to modernize America’s infrastructure. The main stumbling block is broad distrust of Washington’s ability to deliver any large public works initiative. Getting past this impasse offers a unique opportunity to reboot the rules, cutting effective costs by over 50 percent. Here are three reforms that should be enacted as the foundation of any infrastructure bill:
Permitting reform: In 2009, Congress authorized $800 billion to stimulate the economy, promising to rebuild infrastructure. In the final tally, a grand total of 3.6 percent was spent on transportation infrastructure. Projects never got out of the gate, because, as President Obama put it, “There’s no such thing as shovel-ready projects.”
The red tape is also cripplingly expensive. The 2015 Common Good report, “Two Years, Not Ten Years,” found that a six-year delay in permitting more than doubles the effective cost of projects, and lengthy environmental reviews are generally harmful to the environment because they prolong polluting bottlenecks.
The reform needed is not to weaken environmental rules but to create clear lines of authority to make the decisions needed to adhere to deadlines. For example, a project with minimal environmental impact — such as raising the roadway of the Bayonne Bridge using existing foundations — does not need a 10,000-page analysis (plus another 10,000 pages of appendices). Common Good has a three-page legislative proposal that gives designated officials the job of deciding the proper scope of environmental review and resolving disagreements among different agencies.
Discipline in prioritizing and procuring projects: Cynics don’t have to look far to see the likelihood of wasting public funds on pork such as “the bridge to nowhere.” Just as most of the 2009 stimulus was distributed to states in block grants, so too it is likely that much of any large infrastructure initiative will end up being distributed for political purposes.
Nor should the price tag of infrastructure be inflated to meet unrelated social goals. The goal is modern roads, locks and electrical grids — not, as Pelosi and Schumer stated, an “imperative to involve women, veteran and minority-owned businesses.”
Congress should create an independent National Infrastructure Board, using the model of base-closing commissions, to set priorities for use of public infrastructure funds. That’s how Australia does it — it receives applications from states and then announces who gets federal funds.
A National Infrastructure Board could avoid pork barrel projects and avoid use of critical infrastructure as pawns in unrelated political disputes. The Trump administration early on highlighted the new Gateway rail tunnel into Manhattan as a critical need of the Northeast. This $30 billion project is vital not only for commuters and rail travelers, but also for vehicular traffic. Gridlock would extend for 25 miles if one of the two existing rail tunnels shuts down long term. Now that project is being held up because President Trump is using it as a political chip in a running dispute with Senators Schumer and Cory Booker (D-N.J.).
The National Infrastructure Board also could oversee contracting policies, to avoid waste of inflexible procurement practices and local featherbedding.
Funding infrastructure: User fees will only repay a small portion of the cost of most public infrastructure. Republicans are correct that Washington is filled with wasteful programs that can be cut. Democrats (supported by the Chamber of Commerce and Business Roundtable) are correct that gas taxes, last set in 1993, have not kept up with inflation. The obvious political compromise is for Congress to use both sources and create a funding plan that is half cuts and half new taxes. A 25-cent hike in gas taxes would raise about $40 billion each year. The 2010 Simpson-Bowles debt reduction plan offers a road map for cutting obsolete subsidies, such as New Deal farm subsidies.
Modernizing America’s infrastructure would be a boon to the economy — enhancing competitiveness and creating over a million jobs that cannot go offshore. It would result in a greener footprint. The case for funding is compelling if accompanied by streamlined permitting and a National Infrastructure Board to avoid waste. Abandoning the legacy bureaucracies that stifle infrastructure projects might be the most important change of all — rebooting the rules could demonstrate what’s needed to fix broken government.
Philip K. Howard is chairman of Common Good and author of the new book Try Common Sense. This piece first ran in The Hill.
Follow him on Twitter@PhilipKHoward.
Philip K. Howard: A radical centrist platform for 2020 --replace red tape with individual responsibility
Centrist politics don’t offer the passion of absolutist solutions. In the words of Rep. Alexandria Ocasio-Cortez (D-N.Y.): “Moderate is not a stance. It’s just an attitude towards life of, like, ‘meh.’”
But electoral success in 2020 likely will hinge on who attracts the centrist voters. One issue seems to unite most Americans: Frustration with how government works. Political scientist Paul Light recently found 63 percent of voters support “very major reform” of federal government, up from 37 percent 20 years ago.
For several decades, Americans have elected “outsider” candidates who promise some version of Barack Obama’s “change we can believe in.” Yet nothing much changes. The elections of Obama and Donald Trump can be viewed as symptoms of unrequited reform. When Obama’s promise of change got bogged down, 8 million Obama voters turned around and voted for Trump. Now Trump’s promise to “drain the swamp” is headed towards futility, amounting to little more than reversing Obama-era executive orders.
What’s missing is a governing vision that makes Americans part of the solution. Only then can leaders attract the popular mandate needed to overcome the resistance of Washington. Only then will there be a principled basis for officials and citizens to make practical choices going forward.
The best model for modern government is to revive the framework of democratic responsibility designed by the Framers: Replace red tape with human responsibility at all levels of society. This governing vision, though centrist, requires a radical simplification of Washington bureaucracies.
Over the past 50 years, almost without anyone noticing as it happened, the jungle of red tape in Washington has grown progressively denser — at this point 150 million words of detailed statutes and regulations (over 180,000 pages of the Code of Federal Regulations and over 40,000 pages of the U.S. Code). The effects of this build-up include bureaucratic paralysis and pervasive micromanagement of daily choices throughout society.
Bureaucracy is staggeringly costly. Common Good’s 2015 report, “Two Years, Not Ten Years,” found that a six-year delay in permitting infrastructure more than doubles the effective cost of projects. Twenty states now have more non-instructional personnel than teachers in their schools, mainly to comply with legal reporting requirements. The administrative costs of American health care are estimated to be as much as 30 percent — that’s about $1 trillion, or $1 million per physician.
Bureaucracy is a prime source of voter alienation. Many Americans today don’t feel free to be themselves — almost any decision, comment, joke, or child’s play activity can involve legal risk. Rule books tell us how to correctly run schools and provide social services. Small businesses are put in an almost impossible position of being regulated by multiple agencies with detailed requirements — a family-owned apple orchard in New York state, for example, is regulated by about 5,000 rules from 17 different regulatory programs. Fear of offending employees leads many companies to impose speech codes that, studies suggest, exacerbate discriminatory feelings.
Since Ronald Reagan’s tenure in the White House, the Republican mantra has been deregulation. Yet what frustrates most Americans is not public goals, such as safeguarding against unsafe work conditions, but micromanaging exactly how to organize a safe workplace with thousands of detailed rules. One-size-fits-all regulations often drive Americans to resistance, because rigid rules don’t honor tradeoffs, local circumstances, or a sense of proportion in enforcement.
This reform vision is simple: Focus regulation on goals and guidelines. Simpler codes will allow Americans to understand what is expected of them and will afford them flexibility to get there in their own ways. The reform is also radical: Legacy bureaucracies must be largely replaced with these simpler codes. Detailed rules would be limited to areas such as effluent limits where specificity is essential. The resulting regulatory overhaul would be historic, comparable in magnitude to the Progressive Era.
Area by area, recodification commissions would propose to Congress new codes. Public goals that require practical choices, such as overseeing safe and adequate services, would allow flexibility and local innovation. Instead of Big Brother breathing down our necks, Washington would be more like a distant uncle, intervening only when citizens or local officials transcended boundaries of reasonableness.
Not that long ago, that’s how government was organized. The Interstate Highway Act in 1956 was 29 pages long. Ten years later, over 20,000 miles of highway had been built. By contrast, the most recent highway bill was almost 500 pages long, and implemented by thousands of pages of regulations.
Law is more effective when people focus on goals. The Constitution is only 15 pages long, but its principles nonetheless are effective to protect our freedoms. Agencies where officials take responsibility for ultimate goals, such as the Centers for Disease Control and Prevention with its focus on disease reduction, accomplish more than those such as the Occupational Safety and Health Administration, which is organized around rote compliance with thousands of rules.
No one designed the current bureaucratic tangle. It just grew and grew more, as each ambiguity sprouted a new rule. Leaders can’t lead it, because the rules trump common sense. But that’s precisely why a new movement is needed. Legacy bureaucracies never fix themselves.
Philip K. Howard is chair of Common Good and author of the new book Try Common Sense (W.W. Norton, 2019). Follow him on Twitter@PhilipKHoward.
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Let managers manage; watch the rowers from a fixed-up ‘Red Bridge’
The Henderson Bridge (aka “Red Bridge”) over the Seekonk River.
Adapted from Robert Whitcomb’s “Digital Diary,’’ in GoLocal24.com
Some good and bad news in Rhode Island the past few days.
Let’s start with the bad news. The well-regarded and reformist Providence schools superintendent, Christopher Maher, has decided to step down. And while he gave a frequently used explanation for exits – to spend more time with his family – another reason seems to be that he’s frustrated by the bureaucratic limits on his ability to get things done to improve the city’s schools – improvement they urgently need.
The fact is that the superintendent needs far more freedom to improve the system. World War II Adm. Chester Nimitz famously said: “When you’re in command, command,’’ but the Providence schools chief is remarkably hamstrung. As Hillary Salmons, executive director of the Providence After School Alliance, told The Providence Journal in the Feb. 27 article “Another schools chief is leaving”:
“When the City Council controls any {expenditures} over $5,000 how can anyone manage his resources? It’s going to be hard to attract leadership with a district hamstrung by these structural impediments.’’
People in authority should be given, well, authority to do what needs to be done and of course be held accountable for their decisions. I keep citing my friend Philip K. Howard’s books on red tape and bureaucratic paralysis, the latest entitled Try Common Sense. It seems very appropriate here.
There need to be changes to enable future Providence school superintendents to actually manage their department.
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On a happier note is news that the nearly crumbling Henderson Bridge (aka “Red Bridge”), connecting the East Side of Providence with East Providence, will be rebuilt in a fashion to make it more of a public asset.
The new version will be narrower, with only two lanes instead of the current unnecessary four lanes (put in for a superhighway that never happened), but will include bike/pedestrian paths in both directions. Thus the bridge will offer people in our area yet another way to enjoy the views up and down the Seekonk River as it enters Narragansett Bay, and get exercise while doing it. It will be a fine place from which to watch the Brown crew and other rowers on the river,
Kudos to the Rhode Island Department of Transportation for this plan.
By the way, my favorite writer about bridges and other transportation infrastructure is Henry Petroski – e.g., see his book The Road Taken: The History and Future of America’s Infrastructure.
News as you move
Where we still read newspapers.
Photo by Philip K. Howard (www.philipkingphoto.com)
Mr. Howard is a New York-based lawyer, civic leader, author (including of the best-seller The Death of Common Sense) and photographer.