Thursday, June 27, 2019

The Fallacy of Reinventing the Wheel


The one thing I know for certain that I learned from my thirty years in government service was the tendency of our government to reinvent the wheel.  With a new President every four to eight years, new House members every two years, and new Senators every six years, there is ample opportunity for new players to enter the legislative stage with unique and bold (at least in their own minds) plans to create a shining city on the hill.  There is just something about being elected to public office that assuages the ego to the point where all reverence for what has gone on before is lost.  The future begins the day they take office.  Further adding fuel to this fire is the fact that both the Senate and House routinely rotate Committee memberships; thus systematically removing any institutional knowledge gained from past legislative successes and failures.  Nowhere in government is this more obvious than in the formulation of the national Farm Bill.

A Farm Bill typically runs from four to six years.  Its overall purpose is to insure a reliable supply of food for our nation and the survival of our agricultural sector.  It also addresses many federal food and nutrition programs, international trade issues, and a multitude of conservation concerns.  One would hope that a new farm bill would consistently and cogently build upon its predecessor with some type of logic and reason.  Unfortunately, that is often not the case.  Many times, a specific program that has failed in prior farm bills is resurrected in a new farm bill.  The inexplicable explanation for this phenomenon is a lack of historical research by current congressional members, the arrogance of placing excessive faith in one’s own judgment, and the ever-evolving tragedy of government waste and corruption.  Repeatedly over the last several decades, agricultural has seen a failed program from years past re-introduced in a shamelessly similar fashion with the simple placement of a new acronym to identify it.  Rather than having a continuous bolt of cloth with a uniform pattern and texture, we are stuck with a patchwork quilt of differing and redundant shapes, sizes, and colors.  What is they say about failing to learn from history’s mistakes and being condemned to repeat them?

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This pattern of stubbornly clinging to sweeping change as opposed to the hard-earned, incremental improvements in program administration that can be earned by monitoring and tweaking ongoing programs is one of the glaring weaknesses in our form of government.  There is an atrocious lack of accountability in the government.  The Peter Principle that provides for each employee to rise to the level of their incompetence has found a haven in the civil service system.  The bitter partisan divide that has enveloped our government and our nation has fed this madness by basically mandating that when one Party accedes to majority status in place of its opponent; it is beholden upon that Party’s leaders to disregard any prior initiative put forth by their predecessors, even when it has obvious merit.  Two prime examples are the Republican’s obsession with the repeal of Obamacare and the Democrat’s inexplicable refusal to spend one red cent on any form of southern border physical barrier.  Obamacare and The Wall are anathema to the opposing parties. 

There will be times when a federal program has run its course.  For whatever reason, the need that spurred the creation of the program has been met or our culture has evolved to a point where the need no longer exists.  There will also be rare occasions when a program is such an epic boondoogle that there is no denying it’s time to end it.  Both of these instances are all too rare, but they do occur.  A federal program is typically impossible to eliminate once it comes online.  THIS IS WHY our government should be very thoughtful and deliberate when creating a new federal program.  It is not very likely to go away for decades…even generations.  The need for the program must be real, the government must be uniquely situated to address the need, and there should be no other feasible alternative to solve the problem.  Fundamental questions should be asked.  Is this program worthy of spending federal tax dollars to finance it?  Is this a problem best solved by the individual states or counties?  Can society better address this issue through charitable or community organizations?  What we are discussing with this blog is a situation where the need for a federal program is ongoing and the program is clearly no longer meeting its targeted purpose. 

Do you have any idea of the expense involved in discontinuing one government program designed to address a specific issue and then replacing it with a new and improved government program to address the same issue?  All the old forms must be disposed of; they cannot be altered or recycled in any meaningful way.  These now-obsolete forms are in printer’s storerooms, government warehouse inventories, stacked on government office shelves, and at customer counters all across our great nation.  The new ones must be produced (ever wonder where the Rain Forests are disappearing to?).  This, of course, involves new and improved designs, innovative and more definitive (read: complex) language, and the addition of recently mandated disclaimers and notes.  All of the handbooks and manuals that instruct government employees on how to deliver the marvelous new program must be put in place.  This requires obsolescing the prior program handbooks and manuals and then issuing the new ones (once again, there go the trees!).  Naturally, no government document of any import can be distributed without first undergoing a public review and comment period; which typically requires a few months at a minimum.  Heaven forbid that we overlook any of those essential stakeholders; no matter how microscopic their stake may be.   And in case you are wondering about the tree comments…no, the government did not go paperless with the advent of ADP in the mid 80’s.  The demand for federal paper is alive and well.  

It is instructive to mention at this point the significance of the words may and shall.  When Congress passes legislation and the President signs it into law, this is not the end of the road.  The actual piece of legislation must now be transformed into law.  Regulations must now be written using the legislation as a basis.  This requires interpretation.  If the legislation is specific and clear, that interpretation is pretty simple.  On the other hand, if a bitterly divided political body such as our government produces a product from the votes of 100 Senators and 435 House members, who along with the President have passed something in order to find out what is in it, then that interpretation becomes problematic.  A Congressional “shall” signifies an absolute; a definitive declaration that this will be done.  On the other hand, a Congressional “may” signifies that some discretion is built into the action or requirement.  The limits and bounds of that discretion are oftentimes in the hands of the interpreters and therein lies the potential disconnect between Congressional intent and the actual impact of a government program.  If Congress produces a broad outline of a program with numerous “mays” instead of a clearly-defined plan with the frequent use of “shall”; then an Administration, through its politically-appointed Secretaries and Agency Heads will take the program in the direction they deem desirable.  Thus the usurpation of Congressional power by the Executive branch thrives and continues.  By the time the Judicial branch of our government catches up with the issue and deems that the Executive branch has misinterpreted the Legislative branch intent, it is far too late to change the direction of the program that has been in place for years.  In this fashion, the old saying about the devil being in the details is once again aptly proven correct.  If an Administration is boldly idealistic and a Congress is irresponsibly vague, the Executive branch can literally change the direction of legislation 180 degrees.

So, back to making the sausage... With the new instructions in place, we now have to train the federal personnel on how to read the directives.  That requires national training, state training, local training, and the most important training of all…training the clients.  May the Good Lord grant them the wisdom and patience to comprehend this new and incredible program that is replacing the one that has already taken a good portion of their lifetime to adequately understand.  And most critical of all, in this new and marvelous age of technology, the required computer software must be developed, tested, delivered, trained upon, put in place, and supported in order to facilitate the ultimate unveiling of the world-changing event.  Oh, and by the way… this last step must occur in an environment where the delivery system is woefully inadequate and the demands are incredibly unrealistic. 

I do believe that a sober analysis of our government’s history will show that it functions best when it operates in an incremental fashion; making transparent and judicious adjustments to ongoing programs.  It is undeniable that every time a government program is created (or duplicated), that action either exacerbates or creates the potential for feeding the explosion in the size of our government.  All policy disagreements aside, no person in their right mind can dispute the fact that our government has become far too large and that its burgeoning weight has led to gross inefficiency and ineffectiveness.  It has largely created both the inability to adequately monitor the administration of government programs and the abject surrender to responsibly budget the cost of said programs. 

One more quick observation… You would think that Congress would be anxious to get feedback from career civil servants who have spent decades administering specific federal programs.  You would think that this wealth of knowledge and experience gleaned from prior efforts would be invaluable to planning for the future.  You would think that past mistakes could be avoided and obvious corrections could be included in future federal programs.  You would be wrong.  Congress has very little regard for the army of civil servants that administers the plethora of programs it promulgates.  It would rather rely on its platoons of yuppies fresh out of college and full of their Alice in Wonderland attitudes about how government can best decide how YOU should live your life.

As a respected friend once told me and as I have quoted before, sometimes the train has to wreck in order to fix the train.  This is occurring now in our nation’s health care industry.  If we can somehow manage to refrain from a total repeal of Obamacare, from ending private health plans and instituting Medicare For All, or from having some brilliant politician come up with a be all and end all heath care plan that will solve everyone’s problems…we just might continue to make some of the incremental and substantive improvements to our health care industry that will help to preserve its place as the envy of the civilized world. 

As I have written before, some of the most fortunate legislative accomplishments are the efforts that fail, such as Obamacare’s full repeal.  Obamacare was a flawed health care vehicle that was three-quarters bipartisan and one-quarter partisan.  It is that partisan fourth that poisoned the water.  Since the Republican’s failed efforts to repeal Obamacare, that one-fourth of the recipe has been whittled and altered by both Congressional and Executive Action.  What could have easily been accomplished at inception with a modicum of civility is now being accomplished through the natural and organic processes of democracy. 

And as a testament to the everlasting toughness and resiliency of our government (which manages to persevere in spite of itself), the deliberate and incremental improvements in our health care industry continue as we speak.  Here are some recent developments on that front that should encourage us all to have faith and trust in our imperfect, but durable, government.





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