Jennifer Pahlka: Why Government Is Failing in the Digital Age

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Become a sustaining member of the Commonwealth Club for just $10 a month. I hope you all buckled up and this is going to be a wild ride because there's so much to cover, especially in Jen's book. Because Jen Parker is one of the greatest change agents I've ever met to making sure that government actually works for you. And so absolutely it is well-said. That being said, by the greatest change agent. So. Well, let me get. Playing. Of all the amazing things you've done. A, you founded Code for America, a nonprofit that makes sure government is for the people, by the people in the digital age. You not only did that, you co-founded the US digital response in the wake of COVID to help governments respond more quickly to critical needs. You were Chief Deputy Chief Technology Officer for the United States establishing the US Digital Service. And what people don't realize about that, you did that at great expense to your family to serve your daughter was in high school at that time and you were traveling back and forth to D.C. You were also on the Defense Innovation Board for both President Obama and President Trump to help to transform the Department of Defense. And you chaired Gavin Newsom's strike team on unemployment insurance during the pandemic, much of which we're about to get into. And you've won so many incredible accolades about this. And as was previously mentioned, you know, being also named as one of the most important policy books for anybody to actually to really understand how government works. And so thank you for being here at the Commonwealth Club and congratulations on the book. Let me start with with one of the favorite quotes I hear you say, and it just always sticks for me and something I find myself repeating, which is government is who shows up. What does that mean and why is it so important? I think it's really easy to be frustrated with government. Many of us are pretty frequently. It's also easy to forget all the great things that government does that becomes invisible. But it's a lot more meaningful to get in there and figure out how to make it work than it is to complain about it. And I think people who go to work in government haven't and haven't worked there before are often shocked at the ways in which they get to make the decisions. That is a sort of corollary saying, you know, decisions are made by those who show up and you really do have a chance to shape government if you're if you're willing to to dig in. Well, how did so how did you become one of the people who showed up or and continues to show up? Where did that come from? You know, my first job out of college, I worked for a child welfare agency and ended up working in media. We were doing the Web 2.0 conferences back when. That was a big thing with my now husband, Tim O'Reilly, and it was sort of recognizing the power of that sort of second wave of the Internet, participatory, lightweight, the things that moved for it quickly and really worked well for people that we realized that the best application of those principles and values would be in government. I mean, that's really the thing that's supposed to work for all of us. And so when Obama was Obama's success in being elected was sort of credited to the Internet. Several of us sort of started to say, okay, well, if it could help him get elected, can it help him govern better? And that was really the beginning of my journey to, you know, realizing that we could we could bring people in, get them involved, people who had not thought about government work before. And that was the beginning of Code for America. And as you were going along and starting Code for America and starting to talk about with government, you know, for many people out there, it's the first U.S. government is maybe we go to the DMV, maybe we we try to we try to pay our taxes. We get frustrated with these forms oftentimes or other services. We wait in a line. What was that? Talk to us a little bit about what was that moment you realized, like we can actually do something different as you're interacting with these government agencies? I think the the first moment I really realized this was was going to work was the first year of Code for America. We had a team of fellows program doesn't really rely on fellows anymore, but when we started it was a year service year program essentially, and we had a team working with the city of Boston and they had a problem where they'd changed how kids were allowed to choose, or the parents were choosing the schools for the kids. So they were trying to make it more walkable. And the city had a really big problem sort of communicating this because the way they normally communicated it was a 28 page printed brochure in sort of eight point font. You know, this all about these different schools, but it didn't help, you know, if the school was in your walk zone, it was really a mapping problem. And so these these wonderful technologists and designers that were working with the city that year got together and they made, you know, a pretty simple website that allowed you to put in your address and the age of your kid and whether there were kid any siblings in another public school. And it would tell you which schools your kids could go to. And they you know, they did it in about eight weeks. And when they were when they were able to show it to their partners in Boston, you know, they were just blown away. And they said if if you had done this through normal channels, it would have taken at least two years and cost at least $2 million. But now we have it for parents now. So that much faster, at almost no cost, really. And it works. They like using it. It look like a consumer application instead of a government application. And the head of the Boston Public Schools said, you know, you just changed our relationship with parents. It's and I think that was when I started to realize this isn't just about cheaper. This isn't just about, you know, make it look like Twitter or something. You know, I had very naive ideas, I think, back then about what I thought would make a difference. It is about people's relationship to government and whether they believe government is really there for them or not. And imagine not having that for two years you know two years been rolling kids through. Note without without a map to help them out that that's when it really started to become meaningful for me. So you know, that was almost 15 years ago. Oh, was it? Well, and the reason I bring this up and I wanted to start talking about your entry point is you know, over that arc. You've. Seen so many things and you've done so many things in government. And the culmination is, is in this fantastic book. Yeah. What led you to this moment? To write the book and give a very, very unvarnished take on what it actually takes to make things work in government? Well, I have been on a journey from thinking we just need better tech and government to realizing that it is something much deeper than that. And I have seen so many people fighting the fight to get the right outcomes for people not not just a better website, but it's not the website that matters. It's whether you get your SNAP benefits, it's whether veterans get their benefits. It's whether we get the vaccinations out to the people and they're all fighting for the system to work for people. And I wanted to explain to the American public, to our elected leaders, to anybody who cares what needs to change for them to be able to succeed. Now they are increasingly succeeding, but it's still a really uphill battle. And I and I really want the people who have the power to change the environment in which these fighters are fighting and make it easier for them. So I'm trying to, you know, get past preaching to the choir and talk to those who can make this make a difference for them. Mm hmm. Well, let's take a particular let's take one of those problems and dig in to one of them, because I think it's so helpful to see because so many times they think we think of government, as I mentioned earlier, go to get our driver's license. Maybe we need to pay taxes like we touch only a little bit of government. Oftentimes, you know, especially from many of us come from a privileged place where we don't have to deal with or need or require other services. But you really go into the details of this. Could you pick one of the ones that you find that really showcases you would wish the American public and our audience out there to really understand that's easy. We were all very frustrated in that first year of COVID that the unemployment insurance systems in every state buckled under the load. I mean, it was quite an increase. And, you know, many places tenants sometimes for more than that number of applications. Just this is because of stay at home orders, people having layoffs. Yes. And then now need to now qualify for benefits federal government gives. It says states you have a ton of money to give out and that's. You have a ton of money to give out and you have a ton of people who are suddenly unemployed. And neither unemployment insurance benefits. And many of them really it's not a nice to have it to have to have and waiting to get them their checks in a reasonable amount of time and as Ken mentioned, that Governor Newsom asked me to co-chair a strike team with the secretary of government operations, Yolanda Richardson, and brought in some some other folks to help and go really be on the ground. And I think one of the things people don't realize is you've just got to see the systems from the bottom up in order to be able to understand what's going wrong. Now, when we came in, the governor and the legislature and everybody had said, obviously, this is a big problem. Throw any resources we can at it. They had brought people back that were tired, but more importantly, they had hired about 5000 people to come help process these claims. And I think they were missing something important there, which we learned through my colleague Marina Nitze was there on the ground working with these claims processors day after day. And one of them is she would ask them all sorts of questions. One of them said to her, you know, I kept saying, I'm the new guy. I'm not quite sure how to answer that question. Let me go ask the other guys. And he said that enough times. She finally said, Well, how long have you worked here? And he said, Well, I've only worked here 17 years. The folks who've worked, who really know how this system works, have been here for 25 years or longer. Now, this wasn't somebody who knew how the technology worked. It wasn't the back end coders. It was a claims processor. That is how complex the policy and regulations and processes that govern unemployment insurance in California are. It's California is not unique, if you think about it. Unemployment insurance derives from the Social Security Act of 1935. So since 1935, you have federal and state. You you have the judicial, legislative and executive branches all piling on changes and changes over time. And nobody ever goes back and says, okay, this is what the rules look like. Now, this is this is what may mean. In fact, you know, I'm fond of saying people think that there's like a binder of regulations. There is no binder. There's just a steady stream of changes for what's now almost 90 years. In fact, if the new state joined the union tomorrow and went to the federal Department of Labor and said, Great, give me the rolls, we're going to set up a new system. They literally cannot tell them there's there's literally no binder. And that's the complexity with which our public servants and. You expect 5000 new people to learn it just like that to process. So you so the when you realize that's happening this was Marina's immediate insight was if it takes 25 years to learn how to do this, what are those 5000 people doing? Well, not only were they not able to help process claims, but they were taking up the time of the experience claims processors. And they were the bottleneck, obviously. I mean, certain number of claims can only be handled by, you know, actual claims process. They're not going to go through the automatic sort of assembly line that we were hoping to get more on. And because of that, every person that the state of California hired to speed processing slowed down processing of claims. And you just look at that situation, there's nobody in there trying to make this hard. There's no one intentionally saying, let's not give people their unemployment benefits. Except in the state of Florida. Well, that may be true. Florida is a unique situation. But, you know, the governor and the legislature have opened up the pocketbooks, spend whatever you want. The claims processors are working. Oh, my God. I think they were just all of them working 18 hour days. The management just like never stopped. Everyone was trying drunk so, so hard. But you have a system that isn't going to scale until you simplify it. And I think, you know, when I went in, everybody said, we know what's wrong. It's the COBOL. There is no. Way out the programing. COBOL. A programing language that is famously dates back to 1959. Yeah, that sounds really bad. It sounds like. Oh, this is terrible. Of course it won't work because there's code in there from 1959. Well, the code is not from 1959. The programing language is from 1959. When you buy a plane ticket, you're using COBOL. I mean, there's many, many systems that scale beautifully in this country that rely heavily on COBOL, in fact, more heavily, I think, than a lot of the unemployment systems. The problem is the complexity of the policy, which then drives complexity and fragility in the tech systems. But I don't think we're ever going to solve that problem until we actually fix it. So you guys get in there, you kind of look at this, you're able to find some process. My reading of it is really it was a bunch of process. We just said, we, those people. Yeah, get them to the right places and look at the things in the in a in a more clever way to get through this and that got you that you and your team helped get California through that phase. Yes, we're through that phase. Everyone is. I is like we're off of that problem. Is anyone going back and saying, hey, this? We still just have layers and layers. It's like it's like you imagine like one of these things like you look at sediment in like a cliffside. Exactly like historically. Before that appeared to us. Yes. Who's like whose job is it to refactor this? So reevaluate this or rip it down and rebuild it in a good way? That is exactly the right question to ask. And I don't even know who knows how to answer it. I think it's generally true that it is often nobody's job to design a system that works. It is very frequently a lot of people's job to operate the system that they've been given. That system is an accretion of layers over the years. And this is true very, very, very broadly. And we have to redesign government such that it is someone's job to actually actively design something that is made to work in this day and age for the people it's supposed to work for. Who is going to do that in the end of the day? It's not going to happen, I think, until everybody decides that we're going to hold our elected leaders accountable to that kind of change that needs to happen. I think when the problem with government is that when it is no one's job, it becomes our job. You know, one of the things that you you talk about is in that I didn't actually it never really jumped out at me in the way that you, as you put it in the book, is that there's no one's actual job to make sure that government solves. The problem is there's somebody whose job to make sure it's legal, but there's nobody's job to solve the problem. Well, I think that our elected leaders would say it's their job to hold the bureaucracy, the executive branch, the administrative agencies responsible for doing what they told them to do. Right. Congress has a couple of levers. It writes rules. It allocates money and it does oversight. But the problem is that they hold the agencies accountable to outcomes. But the public servants are often called up for hearings in front of Congress. In fact, I saw this firsthand and in a very painful and powerful way when I was working with the people at the E.D. and they were being called up in front of hearings. Same thing, of course, during healthcare.gov, like there's ten hearings during the first month of the failure of healthcare.gov. And at the same time. All do the job. But supposed to be getting the site back up. Well, I remember this. Even during the collapse of the Silicon Valley Bank, the secretary of Treasury is testifying and you're like, wait a second, there's got to be something. Should they be helping this bank that's about to fail? Right. Right. So I appreciate that. That's what our elected leaders want to do. But they're calling those public servants up and holding them accountable to the outcome that they expected without a recognition that those public servants are held accountable in their day jobs to process and procedure, not outcomes. That is what they get hired on, rewarded on. They get promoted for having a clean record where they didn't violate, you know, policy or procedure. So they're in a trap. I call it an accountability trap. I mean, you pointed this out. If I got this right, you quote about a national public, the National Academy for Public Administration, finding that they found that only 16% of their members and these are really top notch policy people. These are like secretaries of state, treasury, etc. and they found that only 16 of their members considered government proficient at designing policies that can actually be implemented. And I think there's a huge frustration among what I hope this isn't an insulting term I call the policy class in the book. I think there's an increasingly increasing frustration among the policy class that what they do doesn't work. They know how to write laws, they know how to allocate money, they know how to do oversight. And none of those things are working. And when I say policy class, I mean not just yet, former secretaries of state. I mean, also, you know, Congress allocated a ton of money during the pandemic. Some of it worked great and a lot of it didn't. So they just feel like, okay, I'm putting my paddle. You know, I've got the car here. We're pressing on the gas, the car should go faster. And just in a lot of cases, it sort of doesn't. And they're going, wait, what's wrong here? And in part, I wrote the book for them so that they can understand what they need to do differently if they want to have that car be responsive again. Mm hmm. Well, you at one of the stories you talk about is concrete boats. Yeah. And especially this story you tell about the VA, where people are held to the line. Well, maybe I should just ask you. Tell us the story of concrete boats. I was working in the White House for a year trying to stand up what became the United States did full service. And one of the things we did was to sort of started doing these projects that we thought would be illustrative of how us ideas would eventually work. So I had a team of up to technologists who'd come in for a short time to work with me on a problem that we had understood at the Department of Veterans Affairs with the Veterans Benefit Management System. One of the things we had heard was that there was very high latency, which means that if you're processing, you know, an application, you hit a button to go to the next screen and you have to wait a very long time. And we met this leader who I call in the book, Kevin, and sort of our first day on the job are talking to him about, you know, what's what's we're here to fix. And one of the first things he says to me is, I'm so glad the White House has sent somebody to verify that nothing is wrong. You know, it's all taken care of. And we found out later that the way he had taken care of it was defined latency as over 2 minutes. So if you clicked and waited for one minute and 59 seconds, you were not to report latency. So it sort of defined the problem away, which was my my first clue about how he was leading. This is like how my kids. You're fine cleaning their room. Exactly. It's like, no, no, no. I've my performance review is awesome. Exactly. To set the bar so much like how Marina was talking to this claims process, just asking a bunch of questions. We were asking Kevin questions about why had Vrms been written this way? Why did they make this decision? That decision? And he kept saying, I don't know. You're going to have to ask the program people or you're going to have to ask the the policy team or, you know, he just kept deflecting. And I asked him why and he said, look, I have spent my entire career teaching my team not to have an opinion on the business requirements, which is completely contrary to how I thought about building technology. In fact, I had sort of come to Washington to get people like Kevin a more of a seat at the table so that we could have a better conversation. He doesn't want the seat. He doesn't want it. And he said, If they tell us to build a concrete boat, we'll build a concrete boat. And I said, Why? And he said, Because that way, when it doesn't work, it's not our fault. And at the time, the statistic was that 80 veterans a day were committing suicide, in part because they did not have access to their benefits. And I remember very well sitting in that cafe outside of the White House and feeling like I had been punched in the gut, and I still feel that way. But I also know that what he was saying is, in a certain sense, true, the system is set up for people not to have that responsibility. What he was saying was, is being held. He is held accountable for checking all the boxes and he was checking all the boxes. It's the system that I felt punched in the gut by in the end. This is one of the things and you bring this up also in your book, which is one of the things that I learned is user research and implementation. That whole theory that we think is a Silicon Valley phenomena was actually started by the government. The government is the one that actually created that whole idea. Yes. Can you walk us through a little bit of that? Yes. I mean, just as background, I mean, this is this practice that's very common in technology. Well, I think it's necessary in any consumer technology where you expect people to be able to use it without reading a manual. That has happened because user researchers have understood that, you know, the people who are going to use this service or this technology and watch them use it and tested and done all these things to make sure it's easy to use. And yes, we absolutely identify that now with sort of, you know, easy to use consumer tech out of Silicon Valley and other places. But it acts the human centered design essentially, we started in after World War Two or during World War Two when we were trying to get planes that would fly better. And these two colonels in the Air Force saw that these some of these planes that had been built for incredible performance. Right. Like they could fly really well, had a terrible what we would now call user interface, like different switches that did, you know, very different things were right next to each other and it was easy to get them confused. And so they kept saying, you know, there's there's nothing wrong with these planes. And mechanically, technically, there wasn't. But they most of them weren't flying because. They were they were crashing, they were killing, hitting. You know, they'd go up and then they'd crash and kill people. But they the problem wasn't with the specs. The problem was with how the pilots were using them for a long time. They called them pilot error and they're flying like this. Can't be pilot error. All of like the best pilots are getting these things confused. And so these two colonels worked on, you know, changing the controls and making this one red and this one green and putting them in the right places so that, you know, in a moment of stress, you could do the right thing. And that's that was called human factors engineering. And it became human centered design. It started in the government. Where did the government lose it? I think we lost it in part because we decided to outsource everything. Not just technology, though. Technology definitely got caught up in this huge enthusiasm for outsourcing. But, you know, in the sixties we started defined through memos and statutes, this idea of what is inherently governmental and what is inherently commercial, and it's called commercial. And there these two concepts and I think, you know, for a long time it was like kind of made sense, right? That there are these like big computers and we have to buy a lot of them and processing time, you know, all this stuff. Yes, that's a commodity. We're going to buy it from people who know how to build it. This is not something that the government should try to do itself. So it became something was defined as commercial, but computing changed a lot and it became something that was much more strategic. And we missed that. We missed that boat and we said, Nope, this is something that we will buy, not something we do. But anybody who has run tech enabled businesses knows that software isn't something. I mean, sure, you're going to buy Slack or Microsoft Word. Those are commodities. We get that. But if you're trying to actually run your business on technology, it has to be something you do. It has to be adaptable. You need to be able to change it as your needs change. And if you don't have that core competency in-house to do that, you kind of can't meet people's needs. And we we missed the part where we needed to reach refigure out, what part needed to be in-house, what are the core competencies that we need to have inside of government so that we can. Kind of outsourced government? We have outsourced government and we certainly outsourced digital government. And I have to be clear, I'm not calling for like bring all technology development back inside of government. It's not going to work and it's impractical and it's probably not even a good idea. But we have to start asking ourselves, what are the core competencies that government needs today and how do we how do we have them? How do we build them? Because we can't just keep saying, Oh, I'm sorry, that was the vendor's fault. When it doesn't work, it's, it's it's our job to deliver the service. And we do it now through a lot through technology. Before we switch gears to some solutions, you know, you talk about this in the book, which I thought was a really great to think of as it is. And to quote you is it's policy vomited on the floor. And, you know, many times I feel like that is like you get this piece of paper from the government. I mean, it took me filling out security clearances takes like close to 100 hours of work to fill out everything you get asked, all these random questions. Some of them don't make sense. You actually tell a story about that, but you also talk about how much time is spent on these these things. And it's and to quote you, it's Americans spend 10.5 billion hours a year, about 42 hours per adult on paperwork just for the federal government. And that doesn't even include the state and local sectors. You know, I imagine government people are also having to fill out paperwork and they recognize this. So where's the gap as is, you know, in terms of that usability and trying to make sure that government works for us? Well, you know, it's also you mentioned earlier, I just want to call out I mean, that number. Many of us don't spend those hours right? Many of us have a lawyer that can, you know, file the immigration papers for us or we have a tax accountant or we're not applying for SNAP. And it's there's a huge difference between how much we're exposed to that paperwork burden based on our privilege. And I think that's something we need to recognize. Yes. Government employees are also frequently very frustrated by not only the paperwork that that that they have to put out into the world, but the paperwork that they're required to do. I mean, a good example of that is, you know, a lot of what gets done in our country is federal grants that go to states and local communities and, you know, don't think for a minute that governments aren't frustrated by the paperwork burden of other levels of government. So the smaller communities that need those grants the most are the least likely to get them because they don't have people who know how to find the grant, fill out all the paperwork, you know, get it through those grants, go to the communities that already have those resources. You know, what's what's the gap? I think the gap is the empowerment to say I don't just have to and I'm sorry will repeat that awful word vomit the policy and the paperwork. It's just a when when you see public servants get that. Oh, wait, there's a process that goes in middle that's called design that says what information do we need from them now? What information can we collect later? Do we need to collect all this information? How do we make this as easy as possible for them? And, you know, and very often, do we even need to do this at all? I mean, I start and end the book on a project that that Code for America ran and is still running to clear criminal records where, you know, where it started was, you know, really almost a whole year of persisting through gathering information from police departments and other action. Let's step back and frame this problem, because I think it's such an important it's a such an important lens on the problem. So can you step back and sort of frame the big problem? So I think now far more than half of the states have decriminalized marijuana in some way, shape or form through, you know, ballot initiatives or laws passed. And when we do that, we also say, okay, so the people in our state who have a former felony record from marijuana need to have that expunged off their record. You know, having that felony means you can't get a job, you can't get public housing. There's all these different things that make it incredibly hard to recover from incarceration. So let's get that record off. But that process of expungement was sort of assumed to be again, because no one designed it. It just accrued over the years to be this sort of year long process of going and finding your rap sheets from various places and filling out forms and filing them in other places, and then waiting to hear. About there's no like single place you can just say delete. Well, there there needs to be. And that's really where the team came from, is like there was, I would say, two years of us watching people try to get through this process and thinking, how can we streamline it? How can we streamline it? Until we realized you don't need to streamline, it doesn't need to exist at all. What that felony record is is a field in a database, and it is not that hard to have software tell you who are all the people in this database who have that particular record, you know, that. Particular like a Google doc or something else. It's like control. Fine. Yeah, exactly. It's it's it's a little bit more complicated, but not that much more complicated than that, really. But the imagination say, oh, that's what we need to do is find the records, change them in the database. You know, we sometimes just, you know, don't even dare to dream that. I mean, you know, and but when we when we did and we started doing, it sort of became became possible. And I think that's the kind of thinking that needs to spread. Like do we need to streamline this paperwork or do we need to get rid of it? Well, it's almost stunning because when you think about this, in this type of thing, a law gets passed and you just assume that law gets pushed out to all the people that are impacted. It doesn't in this case, it turns out that everyone's got to apply. And so people don't even know about it. And so I think it was Christine de Soto. Yes. Teamed up with and you, sir, said, hey, look, we should just go tackle this. And I'm curious, like, as. Christine just said, it was the chief of staff for the district attorney in San Francisco, George Gascon. Well, and then the reason I'm bringing her name up here is not only because it is amazing work, but what what got her as that person really is like technology in a different way is going to help. And what does that tell us for how we should think about other policy problems out there? Christine is a great example of one of those public servants who does ask that question. You know, why does it have to be that way? And there are a lot of them many more, I think, than people realize. And some, I think also in this room that I think there's this like magic that happens that I've seen happen over and over again. And there's some stories in the book of this of somebody who knows what's possible given today's technology and somebody who knows what's possible, given the law and policy coming together and going, oh, wait, something totally different is possible here. And yeah, Chris, Christine is is just a fantastic public servant who was able to work with some members of the staff at Code for America, including Jasmine Lattimer, who I write about in the book. And they, you know, they each brought their perspectives to the table and fundamentally changed how we how we do this. Well, let's switch to some solutions, okay. And maybe walk us through your framework of what do we need to do to get this right, especially given that the Biden-Harris administration has gotten signed into law, the largest spending that is ever about to happen. And we're going to implement a whole bunch of things. We're going to try we're going to try. And and you talk about this also in the book, the cost. Yes. Of what happens when these things fail, just raw dollars costs. How do how do we get this right and and not just throw away this singular opportunity to build systems in a way that are going to serve American public? Well, let's talk for a second about what that opportunity looks like right now. So the Chips and Science Act has to work, right? We need to have more resilient supply chains. It's a matter of national security and economic development. It to work. The Inflation Reduction Act, the parts I'm most familiar with are the parts that are designed to electrify our country so that we can avoid a climate collapse. It's our shot. It is our shot. Sure, more stuff is going to have to happen later. But if we don't get this right, we haven't bought the time for all the rest of that stuff to happen. So whatever you might think about the IRA being not a perfect law, no laws are. IRA being the. Inflation Reduction Act. It is literally our shot. We have to implement this and that's going to mean a whole bunch of things have to go right that often. Don't go right. So people need to be able to get their rebates for their heat pumps. They need to get their tax credits for electrical upgrades. Like all that stuff doesn't just happen, right? Public servants do it and they make choices about how to do it and they can choose to do it in the policy vomit sort of way. Well, this is what the law says. So that's what the form will be or they can design something that you and I and everyone else in this room will find so easy that we'll do it right. That's the whole point of these incentives. So I want to try to do in the book was really give examples of public servants who have made the right choices sometimes, you know, under duress and with real risk to themselves that because they made those choices, the programs that they were administering worked for people and got the outcomes that the law had intended. Another person who's like, Christine, who I profiled pretty extensively in the book, is a woman named Yadira Sanchez. And one thing I have to know about your daughter is she's now been at the Centers for Medicare and Medicaid Services, which is known as CMS, part of our Health and Human Services Agency for, I think, 25 years. It's the only job she's ever had is her first job. So she's not somebody who's like a white knight from the tech industry. She's this is it's not some political appointee political get another job. She's she's in the thick of it. She's and you know, just the thing is that she just cares so deeply about the agency's mission. She understands how critical it is that we improve health care in this country. And Medicare and Medicaid are big, big drivers of that. You get that right. The whole rest of the industry follows in a certain way. So she's in it. Project manager there for many years, already doing a better job than I think her peers in the sense that she wanted to color outside of the lines things like user research where we were talking about earlier wasn't required. I mean really never talked about. But she would do it anyway. She would be asked to go train people and she would say, Well, I'm going to use this as opportunity to ask them What parts of this do they like? What parts of them are they going to actually use, what doesn't work for them? So she was always sort of, you know, making good trouble, so to speak. Then HealthCare.gov has its floundering of trying to give the right word for that. Somebody said, I call it the troubles. But reminder that healthcare.gov actually quite succeeded in its first enrollment period. But boy, was it rocky in the beginning. You know, the first day, I think only eight people were able to enroll in health care through healthcare.gov in 2013. And she was one of the people who are thrown this problem of fix it. You know, we are our former boss, Todd Parker, because he didn't work directly under Todd, did you? I can't remember. Well, that devoted. Yes. We've worked together on many, many years. So so people like Todd Park were brought in from the outside. But a lot of the people who fixed healthcare.gov were people like Yadira, who are just there at Sam's and knew how to make it work. But and she did she did some amazing stuff. But the thing that came out of that was she learned the word agile development and user centered design. She never heard these terms. She was doing them, but she didn't have a framework for them. And so she comes out of that with this absolute passion for making CMS better based on what she's learned and had. CMS never have a disaster like this again? I mean, it. Has it party and it hasn't. Since it it not only has it not but she they got given their next, you know, implementation of a law called MACRA, the Medicare Access and CHIP Reauthorization Act. And she's like this one we're going to get right now. This was. And this is way harder is. Way. Way harder than Affordable Care Act implementation, healthcare.gov implementation. Well, yes, and it's very different. So essentially, she this is a program that will pay doctors better for better quality care, value based care. So her users in this case are not the general public as trying to sign up for for health care through the exchanges. It's doctors who are, by the way, like already hugely frustrated with CMS, the interfaces that they're asked to use to submit their quality data and they're billing already drive them nuts. They never know if they've done it right. You know, they they put in this file and they're like, it's a black hole. And if I got it wrong and I submitted my data in the wrong format, I, like, don't get paid. And now I had a year of stress about this. So they know that this new law is going to give them a new interface. And the only thing they hate more than what they have is the thought of having to learn something new and equally bad. And so people are projecting that because of this, millions of doctors is going to walk away from taking Medicare patients, which is going to degrade the quality of care, not improve it that that's Congress wanted to improve it, but this is going to degrade the quality of care. So she knows that it's not about like up time on this new website. It's about will it work for those doctors? Will they solve the problem? Will they be able to use it and not leave, you know, leave leave the program and the things that she does to get that right. And other people there's a Ucsd's team there initially and woman named Natalie Kates is pushes back on the first set of things. So the first thing that happens is they're supposed to make a website that just explains this to doctors before they have the way that they have to file their quality data. And she's like, okay, well, we'll write it up first thing they have to do is decide whether they're tell CMS, whether they're an individual doctor, you know, in a private practice or a medical group. And there are nine different definitions of a medical group. And she's like, well, that's never going to work. But I think in the past, you know, it would be Kevin building the concrete. But well, that's what they said. That's what we're going to do. And this team says we cannot do it that way. They push back and push back and push back. Eventually they get to two different definitions of a group. They don't get to one, but that starts them out on a path where they keep pushing back on the policy team and saying famously, I think this is a line that I will always remember they say that. Then I get that it's complicated. It has to make sense to a person. And over and over again they make the choice that makes sense to a person. And when they ship that program called the quality payment program that was required by this law, MACRA, the call centers are braced for angry doctors calling to yell at them and instead they're getting calls saying something must be wrong. This is too easy. The doctors love it. There is not a mass exodus from Medicare. And, you know, more important in a certain sense, more importantly, the CMS team is like, we got this, we know how to do this now and they keep going on that. And my last story of Yadira is, you know, this minor thing that comes down for her to implement regulation from from Congress saying you're going to give these data extracts out on pharmaceutical data so that the ecosystem can use them something you know a little bit about the and she's and the law says you will give these quarterly data extracts and she knows that there's a nine month process to package up this data and it's not the right way to do it. And that there's something called an application programing interface, an API that would allow those same, you know, people in the ecosystem that want to have access to data to just plug in and use it any time they want. It's not wouldn't be a slice of data every quarter, but constant access to it. She's like, Well, what's a we're going to do right to do an API? And when I tell this story to people, they're like, Well, she can't do that. That's not what Congress said to do, but it's what Congress wanted her to do. All right. It's better, faster and cheaper and gets the outcome that Congress intended. And that's the kind of thing that we need to be lifting up. Like when we talk about congressional oversight, we always think about calling up public servants and yelling at them because they did something wrong. We never call up Yadira Sanchez and say thank you for interpreting what we said in the right way and being, I don't know, slightly disobedient because you got us the outcome that we need, that kind of oversight that rewards public servants for making the choices, that makes these systems make sense to people. You're here, you dedicate the book actually to public servants. This is public servants. How many can the public servants here stand up, please? Or people who've been a public servant? Thank you for all you've done. And I see several people in the audience who I know have made those choices, and I know they have felt the stress of those choices. And I just wish we all knew how to thank them and reward them more often. And for those public servants who are listening out there also, thank you for all that you have done. And many of the questions I have to tell you, in all my time doing this, I've never gotten this many questions. And so this is great and many of the questions actually are from people who have worked in public service or want to work in public service. And they're wondering, how do you deal with how do you actually become one of these people that you're talking about? How how do you become one of these change agents when you're in that culture of risk averse environment, you have generational change that's happening. What people don't aren't familiar with some of these tech techniques or technologies. This is the question I get most often, and it's the hardest one, because I recognize that when someone's asking that question, they are trying their hardest and feeling frustrated by a system that feels like it's just so hostile to what they want to get done and I have just a couple of sort of quick things that are not easy and but the first one is find community. There. There are allies around you. And when you're having a bad day, you're going to need those those friends. I think every public servant I know who's been able to be anything like you or Sanchez has done it because they have found like minded people and been able to go to them and and solve problems and get support. And a lot of times it's just, frankly, emotional support. I mean, the the dedication that book is to public servants everywhere don't give up. And that's thing it's really hard not to give up but it's we only don't give up when we have people around us that help us to help that do that. And the other thing that I that I advise folks to do is that when you're in government and you're being blocked, it does not work very well to just go at that barrier. You have to step around and see the issue through the eyes of the person who's blocking you and understand why they don't want you to do that. Empathy. Empathy. I have very rarely met a public servant who disagreed with me on what I wanted to do, who didn't have a really good reason for believing what he or she believed and really was blocking me because they were protect. They felt like they were protecting government and protecting taxpayer dollars and protecting their fellow public servants. I is they're mostly have unbelievably positive intent. So if you can see where they're coming from, then you can, I think, sometimes help them see the ways in which what you are doing is also trying to honor Congress's intent, get the right outcomes for the American public. But you've got to meet on that common ground instead of just going at each other. We were talking about you and I've talked about this a lot over the years. Is that the importance of listening and just asking people where they come from? I remember even at Code for America, we used to teach the early fellows, like, say, just ask them how they got to their job and why they're doing this job and how do they keep their resilience. And it's amazing. You hear these stories and you talk about some of them in the book. This is why I think it's so important. Everyone should read this book. Is is those those those that that deep conviction to serve. And so one of the things I want and this is another question that somebody asked, which I think is fantastic, is how do we create the incentives for governments or elected officials to both lift up these kind of these good practices rather than shaming the just the bad ones? And how do we get them to to clean up the the stag nit layers of policies, sediment that have built up? I think that we haven't really even tried yet. And so I'm hoping we'll start trying. I mean, when an elected official asks you for your vote or your donation, do you ever say, what are you doing about implementation? Do you ever say, what are you doing about policy clutter? No. You say, What law are you going to pass that I will like? What policies do you stand for that match my values? That's very important. I want a public servant. I want the elected officials that I vote for to have something in common with my values. But I also want those values to be in action, and that's implementation. And that's a lot of cleanup work. And they don't think it's their job because we haven't told them it's their job. What do you advise somebody who wants to get into public interest technology characteristics? What do they need to be prepared for as they go into into the field? Well, we already covered the most important one, empathy. We also also talked about persistence. I think the ability and willingness to to see it to see the problem through the eyes of the people who are most affected by it. If you're not willing to do that, it will you will be challenged to be effective as a public servant. And I think just you know, I don't think it has to be a particular thing. But every time I have seen people try their hand at government, you know, dipped their toes in the water, what they get addicted to is the impact they see how much they can really do to help something. And so whatever that is for you, like just dip your toes in and see what really, what really strikes you as the way you can make a big difference. Because I have never seen anybody not find something. And one of the questions I get asked the most is how does where do how do people actually put their skills to use? If somebody has the skills out there and they're either here in the audience or listening on the radio or watching this, what's the advice of how they should get involved? So there are a lot of ways to get involved. Obviously, I think everybody should do some time working in government. I'm not just talking about tech people. I think any of us will benefit. I know I personally hugely benefited from having a year inside government where you get to see how the sausage is made and you get to see the frustrations that the people who work for you you have and you get to realize the impact that you have. You don't have to go straight to that, though. For instance, there's lots of ways that you can work around government. With government, you can do various kinds of volunteering. I will give a shout out to the United States digital response, which is a fantastic way for people with tech and design and data skills to help. If you sign up with UC Digital Response, they will find a partner for you in government who needs your exact skills and gets you to be able to help. It started during COVID when there were a lot of governments that needed people to fix a data pipeline or stand up a forum for emergency rental assistance. And they just didn't have the capacity. And people came from all over to be that capacity and that is still needed by the governments and there are people who still want to do it. And a lot of those people I mean, to warn you, if this if you do it, have ended up taking full time jobs in government because of that impact that they saw. So it's a little bit of of a feeder, but lightweight ways and full time ways. But just try it. There's a line from Secretary Carter that he used to say, which is once you try government, you really can't ever let go because there is no higher calling mission and the ability to scale your individual impact. I think that you feel that when you go in. And it's so much there, what do you do when you know in the little remaining time left that we have? Want to talk about the political environment as it matches up with the implementation of policy. And, you know, we've seen certain states work aggressively to use technology to block people out of things. There's questions for people who are working on issues to implement decisions that they may fundamentally disagree with, like the Dobbs decision or the Docker database being weaponized to go after people who are legal under the law and what what advice do you have for people who are caught on policy issues that are in the middle of this this conflict of politics? Yeah, I think you're talking about people who are working for a government that is by policy and intent, not actually serving its people in some cases. That's right. They're not serving the people or the elected officials change, but by the will of the people. Yeah. And that changes. So I think it's easy to focus on that and and while it is always happened, it's not just now. Right. We've always seen this. There's a wonderful book called Administrative Burden by Dan Moynihan and Pam Hurd that talks about all the ways in which in which you can defeat a policy after it's passed by essentially making the implementation terrible. And that's happened. But that is the minority actually. And I think there was another quite a few people that that I knew and that you knew who were working, for instance, for the Obama administration, happened to be Democrats match their values. And then Trump came into office and there was a real question about whether they should stay because they might be asked to do things that were very inconsistent with their values. And I think it happened very little, to be honest. And mostly what people found was that there were still problems that needed to be fixed. You still had SNAP recipients. Some stuff went crazy with snaps and the public charge role, but those copies. Equivalent of food stamps. Who this is exactly you. We still needed to make our tax system easy to use. We, you know, states still needed to to provision their services. There was so much work that still needed to be done that really wasn't contested. And in fact, in some ways, the Trump administration, because they were very sort of, you know, blow it all up ish, were actually supportive of new approaches in certain ways and not saying that there wasn't there weren't places of conflict. But I do remember a tweet by a woman named Caitlin Devine when this all happened that said, you know, to say that you don't need a government that works for people just because you don't like the person in office is the height of cynicism. We still need all those functions to work. And by and large, they're still not working as well as they should. And you still have an opportunity to make them better. So I think just find those places where you can have a positive impact. They're going to be the cases where you're going to have to make difficult choices. But I there I would get back to something we talked about at the top of the hour. Decisions are made by those who show up. It's so glad you say it that way because, you know, many people don't realize I started my government time actually under President Bush and in a department run by Rumsfeld, somebody who I disagreed with many of the policies. But you don't choose your commander in chief. You don't choose the secretary of defense, but you show up to work on problems and make an impact and difference. And I chose to stay on the Defense Innovation Board under Trump. That's where I was going to bring up is you actually not only stayed on the defense innovation under Trump, you joined the Defense Innovation Board at a time where there was a fair amount of of pushback and concerns of technology being used in the Department of Defense. And so what what when you are thinking about the policy things you try to focus on in those things, how what do you look for? How do you internally look for that get that strength to challenge things when people don't agree with it? But, you know, this is what the public needs. I think it just goes back to the people we're trying to serve. So I became passionate about the work of the Defense Innovation Board and other change agents inside the Department of Defense. Actually, when I when I heard Stanley McChrystal speak and I realized that all the dynamics that I saw in working on SNAP and criminal justice issues, you know, were the same inside the department. But the people that we were trying to protect here are, you know, men and women in uniform and that they deserve better. And so for me to go back to that, what is this really about? Who or what are we trying to do and are we going to act in an ethical way? I mean, and then reminding myself that that is why other public servants are there, too. That's just really, I think, my touchstone. I do ultimately believe that. And I think I think a lot of people on both. All across the ideological spectrum believe this to that we can disagree about what a government policy should be, gun control, abortion, all of these things. But ultimately, we have a government that cannot do what it says it's going to do if we have so little state capacity that we can't get it done. That's a very dangerous situation and that's something that people of all political stripes should come together to fix. And I think there are I think the people who care about. This bipartisan. State capacity, there are people on the left who are concerned about state capacity for totally understandable reasons and don't like this idea of making government better at what it's supposed to do. And there are people on the right who I think a lot of folks on the left would say, oh, they don't want that. Like they're, you know, they'll actually care deeply about this so that the people who care most about state capacity don't look like a particular ideological flavor at all. But to go back to the Defense Department, I mean, however you feel about what the military does and I had a deeply conflicted feelings about America's military I had before I won the Defense Innovation Board. And I still have those feelings. But the idea that we are just terrible at what we do when what we do sometimes involves killing people is even worse idea we're going to miss and hit the wrong targets. We're going to hit innocent civilians. We're going to put our own people in greater danger. You know, the metaphor I used is my mom teaching me in the kitchen, never cut with a dull knife. You slip and that's when you hurt yourself. When you're cutting with a sharp knife, you can actually cut what you intended to cut. I completely understand. I do not always agree with what we decide to cut, you know, in terms of our military actions. But I don't want that knife slipping everywhere and just hitting random hitting. I think that's a great analogy for almost everything you talked about. And Secretary Carter, the late secretary Carter, who appointed you to the Defense Innovation Board, used to say security. Security is like oxygen. Yeah, you only know it when you need it. We lost a great man when we lost Ash Carter. And in particular, I think about all the serve, the public servants, everyone is out there who's building these systems. This is their oxygen. And so I just want to thank you, Jen, for all the work that you've done in public service, all the the unbelievable amount of things that you've created to benefit the entire country. And I just want to congratulate you on your book recorded America Why Why Government is Failing in the Digital Age and How We Can Do Better. It is so phenomenal. And I want to thank Ken and Jacqueline Broad Family Fund and the U. U.S. Seed Dornsife Center for Political Future for supporting today's event. And I also want to thank all the public servants out there, and I think it'd be appropriate to end this with don't give up on D.J patel thank you and take care. Join.
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Channel: Commonwealth Club World Affairs of California
Views: 2,946
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Keywords: CommonwealthClub, CommonwealthClubofCalifornia, Sanfrancisco, Nonprofitmedia, nonprofitvideo, politics, Currentevents, #newyoutubevideo, Non profit video, Nonprofit video storytelling, Nonprofit video production, Non profit organization video, Commonwealth club, Commonwealth club of California, California current events, jennifer pahlka, code for america, jennifer pahlka recoding america, djpatil
Id: R6IRahoJsuw
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Length: 65min 19sec (3919 seconds)
Published: Fri Jun 23 2023
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