`Index`

Abortion, 68–70, 80, 94, 111
Administrative Burden (Herd and Moynihan), 45
Administrative burdens
Affordable Care Act (ACA) and, 56
choice architecture and, 45, 122n22
constitutional rights and, 69, 72
Earned Income Tax Credit (EITC) and, 49
Emens on, 6
harm of sludge and, 5, 23
privacy and, 80
security and, 84
Sludge Audits and, 91, 102, 104
student visas and, 64
time and, 5, 23, 45, 49, 56, 64, 69, 72, 80, 84, 89, 91, 102, 104, 122n22
women and, 34, 121n22
Affordable Care Act (ACA), 55–59, 102, 128nn57,61
African Americans, 37–38, 53, 64, 70–72
Aid to Families with Dependent Children (AFDC). See Temporary Assistance for Needy Families (TANF)
Anxiety, 6, 15, 86
Apple, 97
Applications
choice architecture and, 35
fees and, 6, 23, 25, 64–65
harm of sludge and, 3, 5–6, 17
marriage licenses and, 135n10
photographs and, 65, 71, 131n99, 133n121
prior data and, 134n4
Social Security and, 47
student visas and, 62, 64, 66–67
Supplemental Nutrition Assistance Program (SNAP) and, 50–52
Temporary Assistance for Needy Families (TANF) and, 53–54, 127n45
Arkansas, 58
Attention, 28–29, 31, 46, 79, 93
Authoritarianism, 21–22
Automatic enrollment
choice architecture and, 36
Earned Income Tax Credit (EITC) and, 125n19
Medicare and, 47–48
nudges and, 8, 10t
privacy and, 82
program integrity and, 76–77
sludge reduction and, 8, 10t, 16, 33, 36, 47–48, 76–77, 82, 110, 125n19

Bandwidth, 13–14, 28–32, 37
Banks, 1, 47, 64, 75, 83, 98
Behavioral science
attention and, 28–29, 31, 46, 79, 93
automatic admission and, 3
bandwidth and, 13–14, 28–32, 37
biases and, 26–27, 54, 109
choice architecture and, 122n5
cognitive scarcity and, 29, 32, 33, 48
economic issues and, 26, 29, 118n8
harm of sludge and, 3, 9, 26, 29, 120n14
humiliation and, 2, 15–16, 24–25, 68, 75
inertia and, 26–27, 41, 91–93, 109, 120n13, 122n5
Medicare and, 60
nudges and, 9
planning fallacy and, 32
rationality and, 25–26, 109, 135n11
redemptions and, 4, 91–94
savings and, 122n5
self-control and, 29, 31, 73, 78–80
Sludge Audits and, 97
time and, 109
Bergman, Peter, 36
Biases, 26–27, 54, 109
Brennan Center, 71
Buprenorphine, 22
Bureaucracy, 5, 11
Bureau of Labor Statistics, 116n12

Cabandon, Christopher, 2
CalFresh, 51–52
Castleman, Benjamin, 115n1
Center on Budget and Policy Priorities, 56
Certification, 16, 50–52, 60, 78, 81, 93
Choice architecture
administrative burdens and, 45, 122n22
applications and, 35
architects and, 40–43
automatic enrollment and, 36
behavioral science and, 122n5
dark patterns and, 35–36, 43, 46
deliberation and, 9–10, 69, 79–80
economic issues and, 42
education and, 36, 38, 41
failure and, 40–41, 123nn14,16
licenses and, 42
nudges and, 8–10, 43
participation rates and, 36
private sector and, 41–42
scarcity and, 30–31
successful, 37–40
time and, 38–40
voting and, 37–40, 123nn13,14,16
Circle back, 28
Climate change, 36, 94
Cognitive load, 30
Cognitive scarcity, 29, 32–33, 48
College, 2–3, 17, 38, 72
Columbia University, 36
Competition, 28–29, 62, 97
Congress, 136n14
bandwidth and, 28
choice architecture and, 40
NVRA and, 135n8
Sludge Audits and, 104–107
Constitutional rights, 67
abortion and, 68–70, 80, 94, 111
administrative burdens and, 69, 72
failure and, 71
fair trials and, 21
Fifteenth Amendment and, 70
nudges and, 69
prior restraints and, 109
reform and, 72
Sludge Audits and, 109
voting and, 68, 70–72
Coronavirus pandemic, 22, 62
data acquisition and, 88
disruption caused by, 15
reform and, 11
sludge reduction and, 10–15, 28, 33–34, 111
targeting and, 85
voting by mail and, 72
war on sludge and, 10–15, 28, 111
Cosmetology, 61
Cost-benefit analysis
choice architectures and, 36–37
harm of sludge and, 12, 15–16, 19, 67
Sludge Audits and, 105–107
Cost-effectiveness, 18–19, 105
Courts, 1, 19, 40, 72, 102–103
Credit cards, 65, 81
Criminality, 9, 67, 71, 74
Curse of sludge, 3, 6–9, 12, 16–17, 22–23
Customer service, 4

Dark patterns, 35–36, 43, 46
Data acquisition
administrative burdens and, 89 (see also Administrative burdens)
coronavirus pandemic and, 88
education and, 87
Information Collection Budget (ICB) and, 97–98, 105, 118n24
Office of Management and Budget and, 18, 20
PRA and, 18 (see also Paperwork Reduction Act [PRA])
prior applications and, 134n4
privacy and, 3, 73, 80–83, 136n15
student visas and, 65–66
useful, 87–89
Data calls, 99–100, 138n7
Death, 9, 14, 22–23, 71, 80
Decision-making
choice architecture and, 35–43
Mullainathan/Shafir test and, 29–32
poverty and, 33
psychology and, 26
self-control and, 79
Sludge Audits and, 103, 107
Supplemental Nutrition Assistance Program (SNAP) and, 51
Delays, 12, 26–27, 51, 80
Deliberation, 9–10, 69, 79–80
Deliverables, 28
Depression, 6, 86
Distributional effects, 19, 33–34, 87, 110
Divorce, 7, 79, 135nn10,11
Doctors, 1–2, 5–6, 11, 22–24, 39, 68
Do-outs, 28
DS-160 form, 65–66
Duflo, Esther, 32–33
Dynarski, Susan, 117n15

Earned Income Tax Credit (EITC), 48–49, 74, 76, 86, 125n19, 134n7
Economic issues
behavioral science and, 26, 29, 118n8
choice architecture and, 42
credit ratings and, 74
divorce and, 135n11
growth and, 2, 109
harm of sludge and, 1–2, 5, 14, 16, 26, 119n8
privacy and, 82
program integrity and, 77
rebates and, 4, 91–94
Sludge Audits and, 91–107
Social Security and, 11, 46–49, 59, 74, 83, 127n45, 129n75
time and, 109–110
transaction costs and, 5–6
Education
Affordable Care Act (ACA) and, 57, 59
automatic admission and, 2–3
choice architecture and, 36, 38, 41
college and, 2–3, 17, 38, 72
data acquisition and, 87
Earned Income Tax Credit (EITC) and, 48
FAFSA and, 17
financial aid and, 3, 17, 85
harm of sludge and, 2, 16, 20
high school and, 2–3, 58–59
marriage licenses and, 135n10
occupational licensing and, 61
Sludge Audits and, 91, 95–96, 102, 106
student visas and, 62–67
time and, 110
training and, 5, 16, 23, 84, 87
Efficiency, 18, 52, 129n78
administrative burdens and, 5, 23, 45, 49, 56, 64, 69, 72, 80, 84, 89, 91, 102, 104, 122n22
cost-effectiveness and, 18, 105
optimality and, 7, 97
reporting burdens and, 5, 12, 59, 89, 96, 105, 116n12, 127n45
waiting and, 3–4, 9–10, 30, 39, 60, 66, 68–69, 79–80, 97–98, 135n12, 136n18
Embassies, 66–67
Emens, Elizabeth, 6
Emerson, Thomas, 119n2
Environmental Protection Agency, 99–100
Executive orders, 100, 118n21

Facebook, 81
Failure
choice architecture and, 40–41, 123nn14,16
constitutional rights and, 71
health care and, 8, 23
rebates and, 4
Sludge Audits and, 97, 106
Supplemental Nutrition Assistance Program (SNAP) and, 51–52
targeting and, 86
voters and, 40, 123n16, 135n8
X waivers and, 23
Families First Coronavirus Response Act, 11
Faust, Jeremy, 119n5
FDPIR records, 117n13, 136n14
Fees, 6, 23, 25, 64–65, 67
Fifteenth Amendment, 70
Foods Stamps Program. See Supplemental Nutrition Assistance Program (SNAP)
Free Application for Financial Student Aid (FAFSA), 17
Freedom of speech, 21, 67, 119n1
Free File Alliance, 136n19

Georgia, 71
Global Entry, 7
Google, 81
Guns, 9, 80, 135n12

Harm of sludge, 1–34
administrative burdens and, 5, 23
applications and, 3, 5–6, 17
behavioral science and, 3, 9, 26, 29, 120n14
death and, 9, 14, 22–23, 71
distributional effects of, 19, 33–34, 87, 110
diverse costs of, 24–25
economic issues and, 1–2, 5, 14, 16, 26, 102, 119n8
education and, 2, 16, 20
health care and, 1–3, 6–9, 12, 16–17, 22–24
humiliation and, 2, 15–16, 24–25, 68, 75
licenses and, 2, 4–5, 17, 21, 25–26
paperwork and, 6–7, 12, 17–20, 27
private sector and, 5, 13, 17, 45–46
scarcity and, 28–34
Sludge Audits and, 27–28
time and, 22–25, 28–30
voting and, 2, 17, 117n16
Harvard University, 36
Health care
Affordable Care Act (ACA) and, 55–59, 128nn57,61
anxiety and, 6, 15, 86
application fees and, 6
complicated website for, 3
cost of, 8–9
curse of sludge and, 3, 6–9, 12, 16–17
depression and, 6, 86
disease and, 87 (see also Coronavirus pandemic)
doctors and, 1–2, 5–6, 11, 22–24, 39, 68
emergency rooms and, 22, 37–39, 119n4
failure and, 8, 23
harm of sludge and, 1–3, 6–9, 12, 16–17, 22–24
hospitals and, 1, 5, 11, 24, 37–39, 75, 77, 91, 98–99, 103, 119n4, 129n75
insurance and, 6, 55–59, 98, 119n8, 129n75
Medicare and, 12, 47–48, 59–60, 74, 129n75
mental, 7, 33, 86, 109
Navigator programs and, 57
opioids and, 22–23, 119n4
paperwork and, 6–7
prescriptions and, 23, 59
safety and, 19, 70, 87
Sludge Audits and, 102
targeting and, 85
telehealth and, 12
time and, 60
voter registration and, 37–39
waiting and, 22–23, 38
X waivers and, 22–23
HealthCare.gov, 57–58
Herd, Pamela, 45–46, 59–60, 69
High school, 2–3, 58–59
Hispanics, 37, 54
Humiliation, 2, 15–16, 24–25, 68, 75

I-20 form, 64
I-901 form, 64
Immigrants, 55, 63, 109, 125n24
Inequality, 2, 34
Inertia, 26–27, 41, 91–93, 109, 120n13, 122n5
Information Collection Budget (ICB), 20, 97–98, 105, 118n24
Information forcing, 107
Instagram, 81
Insurance, 6, 8, 55–59, 98, 119n8, 129n75
Internal Revenue Service (IRS), 11, 48–49, 76, 106, 118n24, 134n7, 136n19
Interviews, 5, 7, 11, 13, 24, 51–53, 66

Kafka, Franz, 2
Knights of Columbus, 69–70

Labor, 6
Bureau of Labor Statistics and, 116n12, 118n25
Earned Income Tax Credit (EITC) and, 48–49, 74, 76, 86, 125n19, 134n7
migration and, 61
pensions and, 33
retirement and, 47, 60
unemployment and, 51, 111
US Department of Labor and, 100
Lamberton, Cait, 115n1
Language, 103, 110, 115n4
Licenses
choice architecture and, 42
drivers’, 4, 47
harm of sludge and, 2, 4–5, 17, 21, 25–26
marriage, 135n10
occupational, 11, 45, 60–62
targeting and, 84–85
time and, 61–62, 85, 110, 119n1, 135n10
zoning, 120n9
Low-income populace, 33, 37–38, 50, 56, 72

Manipulation, 10, 36, 42, 46, 82
Marriage, 7, 79, 135nn10,11
Martin, Alister, 122n6
Medicaid, 56, 58–59, 74
Medicare, 12, 47–48, 59–60, 74, 129n75
Mental health, 7, 33, 86, 109
MGH Votes, 39
Moynihan, Donald, 45–46, 59–60, 69
Mullainathan, Sendhil, 29–32

Naloxone, 22
National Association of Community Health Centers, 38
National Change of Address database, 71
National Voter Registration Act, 123n13
Navigator programs, 57
New York, 12, 39, 53, 71
North Carolina, 72
Nudges
automatic enrollment and, 8, 10t
choice architecture and, 8–10, 43
constitutional rights and, 69
deliberation-promoting, 9–10, 69, 80
Lamberton and, 115n1
Paperwork Reduction Act (PRA) and, 121n19
role of, 8–10
welfare and, 9

Obama, Barack, 95
Obamacare. See Affordable Care Act (ACA)
Occupational licensing, 11, 45, 60–62
Office of Information and Regulatory Affairs (OIRA)
data calls and, 99–100, 138n7
Information Collection Budget (ICB) and, 97–98, 105, 118n24
paperwork and, 98–100, 104–105, 138nn7,11, 139n18
public information and, 138n6
Rao and, 134nn4,6, 138nn7,11
Sludge Audits and, 97–105, 138n6, 139n18
sludge reduction and, 99–100, 137n21
Office of Management and Budget, 18, 20
Online applications, 51, 54
Opioids, 22–23, 119n4
Optimality, 7, 97

Paperwork
Affordable Care Act (ACA) and, 58
burden of, 12, 17–20, 27, 76, 94–95, 98–106, 138n11, 139n18
courts and, 19, 103
Earned Income Tax Credit (EITC) and, 48
harm of sludge and, 6–7, 12, 17–20, 27
health care and, 6–7
insurance and, 6
Medicaid and, 58
occupational licensing and, 61
Office of Information and Regulatory Affairs (OIRA) and, 98–100, 104–105, 138nn7,11, 139n18
program integrity and, 76
redemptions and, 4, 91–94
Sludge Audits and, 94–95, 98–100, 102–106
time and, 12, 20, 76, 98–100, 110
Paperwork Reduction Act (PRA)
Congress and, 104–107
cost-benefit analysis and, 18–19
courts and, 103
Executive Order 13610 and, 118n21
Information Collection Budget (ICB) and, 20
key provision of, 17–18
nudging and, 121n19
Office of Information and Regulatory Affairs (OIRA) and, 98
Office of Management and Budget and, 18, 20
proportionality and, 107
Sludge Audits and, 103–105
sludge reduction and, 17–20
time and, 17–20, 98, 103–105, 118n21, 121n19
Participation rates
choice architecture and, 36
Earned Income Tax Credit (EITC) and, 48
opt-in designs and, 27, 36
Supplemental Nutrition Assistance Program (SNAP) and, 50
Temporary Assistance for Needy Families (TANF) and, 53–54
Pensions, 33
People of color, 17, 37–38, 53–54, 64, 70–72, 110
Personally identifiable information (PII), 82
Photographs, 65, 71, 131n99, 133n121
Planning fallacy, 32
Poverty, 32–33, 36, 47–48, 50, 53, 109
Practical utility, 18, 103
Prequalification, 75
Prescriptions, 23, 59
Present bias, 27, 54, 109
Prior restraints, 109
Privacy, 3, 73, 80–83, 136n15
Private sector
choice architecture and, 41–42
dark patterns and, 43
harm of sludge and, 5, 13, 17, 45–46, 117n15
program integrity and, 75–76
Sludge Audits and, 95–96
targeting and, 86
Program integrity, 73
automatic enrollment and, 76–77
data acquisition and, 88
Earned Income Tax Credit (EITC) and, 74, 76, 134n7
economic issues and, 77
eligibility and, 74–78
paperwork and, 76
private sector and, 75–76
security and, 74
sludge reduction and, 49
taxes and, 75–77
time and, 75–79
voting and, 74, 78
Proportionality, 107
Protecting Americans from Tax Hikes (PATH) Act, 134n7
Psychology, 15–16, 25–26, 29, 49, 110

Rao, Neomi, 134nn4,6, 138nn7,11
Rationality, 25–26, 109, 135n11
Redemption, 4, 91–94
Reform
constitutional rights and, 72
coronavirus pandemic and, 11
pension plans and, 33
Sludge Audits and, 104
student visas and, 109
Regulatory Impact Analyses, 116n12, 118n25
Religion, 21, 67, 69–70
Reporting burdens, 5, 12, 59, 89, 96, 105, 116n12, 127n45
Retirement, 47, 60
Return cards, 40, 135n8, 123n16
Return-free filing, 75–76
Rogers, Todd, 36

Safety, 19, 70, 87
Scarcity
cognitive, 29, 32–33, 48
feeling of, 29–30
harm of sludge and, 28–34
targeting and, 86
Screening, 15, 52, 66, 84–85
Securities and Exchange Commission, 100
Security, 73
administrative burdens and, 84
Global Entry and, 7
national, 74
program integrity and, 74
protection of, 74, 83–84
screening and, 66
Social Security and, 83
student visas and, 66–67
Supplemental Nutrition Assistance Program (SNAP) and, 50
TSA PreCheck program and, 14–15
US Department of Defense and, 61–62
US Department of Homeland Security (DHS), 61–63, 100
Self-control, 29, 31, 73, 78–80
SEVIS fees, 64–65
Sex discrimination, 2, 34, 109
Shafir, Eldar, 29–32
Shrouded attributes, 43
Sludge
administrative burdens and, 5, 23, 45, 49, 56, 64, 69, 72, 80, 84, 89, 91, 102, 104, 122n22
concept of, 4–8
harm of, 1–34
reasons for, 73–89
reporting burdens and, 5, 12, 59, 89, 96, 105, 116n12, 127n45
sources of, 1–4
as transaction cost, 5–6
waiting and, 3–4, 9–10, 30, 39, 60, 66, 68–69, 79–80, 97–98, 135n12, 136n18
Sludge Audits
administrative burdens and, 91, 102, 104
behavioral science and, 97
Congress and, 104–107
courts and, 102–103
data calls and, 99–100, 138n7
decision-making and, 103, 107
education and, 91, 95–96, 102, 106
failure and, 97, 106
general, 95
guidance documents for, 95, 100
harm of sludge and, 27–28
health care and, 102
Office of Information and Regulatory Affairs (OIRA) and, 97–105, 138n6, 139n18
paperwork and, 94–95, 98–100, 102–106
private sector and, 95–98, 117n15
proportionality and, 107
redemption and, 91–94
reform and, 104
sludge reduction and, 93–95, 98–101, 103
taxes and, 94, 106
time and, 94, 97–98, 110
voting and, 94
Sludge reduction
audits and, 93–95, 98–101, 103
automatic enrollment and, 8, 10t, 16, 33, 36, 47–48, 76–77, 82, 110, 125n19
benefit programs and, 46–60
blanket approvals and, 11
choice architecture and, 35–43
coronavirus pandemic and, 10–15, 28, 33–34, 111
cost-benefit analysis of, 15–16, 18, 36–37, 105
Department of Health and Human Services and, 11–12
distributional promise of, 33
Earned Income Tax Credit (EITC) and, 49
Office of Information and Regulatory Affairs (OIRA) and, 99–100, 137n21
Paperwork Reduction Act (PRA) and, 17–20, 98, 103–105, 118n21, 121n19
plain language and, 103, 110
program integrity and, 49
social inequality and, 34
time and, 11–20, 98–100, 103–105, 109–111, 118n21, 121n19, 137n21
TSA PreCheck and, 14–15
war on sludge and, 10–15, 28, 111
Social media, 8, 65, 81–82
Social Security
ease of, 46–49
Families First Coronavirus Response Act and, 11
Medicare and, 47–48, 59, 129n75
poverty rates and, 47
program integrity and, 74
security and, 83
TANF and, 127n45
South Dakota, 61
Student aid, 17, 117n15
Student and Exchange Visitor Program (SEVP), 63
Student visas, 45, 62–67
Suboxone, 22–23
Subscriptions, 46, 97
Supplemental Nutrition Assistance Program (SNAP), 49–52, 54, 117n13, 136n14
Surveillance capitalism, 82

Take-up rates, 16, 25, 47–48, 110, 119n8
Targeting, 52, 84–87
Taxes
Affordable Care Act (ACA) and, 56–57
Earned Income Tax Credit (EITC) and, 48–49, 74, 76, 86, 125n19, 134n7
Free File Alliance and, 136n19
harm of sludge and, 11, 24, 30, 109
Internal Revenue Service (IRS) and, 11, 48–49, 76, 106, 118n24, 134n7, 136n19
online preparation of, 136n19
paid preparation of, 136n18
paperwork burdens as, 139n18
PATH Act and, 134n7
program integrity and, 75–77
Simple Return and, 134n5
Sludge Audits and, 94, 106
Telehealth, 12
Temporary Assistance for Needy Families (TANF), 52–55, 117n13, 127n45, 136n14
Time
administrative burdens and, 5, 23, 45, 49, 56, 64, 69, 72, 80, 84, 89, 91, 102, 104, 122n22
attention and, 28–29, 31
bandwidth and, 13–14, 28–32, 37
behavioral science and, 109
blanket approvals and, 11
choice architecture and, 38–40
constitutional rights and, 68
delays and, 12, 26–27, 51, 80
economic issues and, 109–110
education and, 110
harm of sludge and, 22–25
health care and, 60
licenses and, 61–62, 85, 110, 119n1, 135n10
Medicare and, 60
as most precious commodity, 109–111
occupational licensing and, 60–62
paperwork and, 12, 17–20, 76, 98–100, 103–105, 110, 118n21, 121n19
planning fallacy and, 32
polarized, 94
present bias and, 27, 54, 109
privacy and, 80
processing, 61–62, 67
program integrity and, 75–79
reporting burdens and, 5, 12, 59, 89, 96, 105, 116n12, 127n45
security and, 84
Sludge Audits and, 94, 97–98, 110
sludge reduction and, 11–20, 98–100, 103–105, 109–111, 118n21, 121n19, 137n21
student visas and, 64–67
subscriptions and, 46, 97
Supplemental Nutrition Assistance Program (SNAP) and, 50–51
targeting and, 85
Temporary Assistance for Needy Families (TANF) and, 54
voting and, 109–110
waiting and, 3–4, 9–10, 20, 22–23, 30, 38, 39, 60, 66, 68–69, 79–80, 97–98, 135n12, 136n18
willingness to pay in (WTPT), 85–86, 136
X waivers and, 22–23
Training, 5, 16, 23, 84, 87
Transaction costs, 5–6
Travel, 5, 7, 12, 14–15, 74, 81, 122n5
Trump, Donald, 56–58, 62
TSA PreCheck program, 14–15
Twitter, 81, 115n1

Unemployment, 51, 111
United Kingdom, 33, 119n8
US Department of Agriculture (USDA), 11, 16, 50, 81, 100, 117n13
US Department of Defense, 61–62
US Department of Education, 20, 95–96
US Department of Energy, 5
US Department of Health and Human Services, 11–12, 47–48, 98–100, 103
US Department of Homeland Security (DHS), 61–63, 100
US Department of Labor, 100
US Department of State (DOS), 20, 63, 65
US Department of Transportation, 99–100
US Department of Treasury, 11, 99–100, 118n24
US Food and Drug Administration (FDA), 12, 99
US Postal Service, 40
US Supreme Court, 40

Validators, 28
VotER, 39
Voting
choice architecture and, 37–40, 123nn13,14,16
constitutional rights and, 68, 70–72
Fifteenth Amendment and, 70
harm of sludge and, 2, 17, 117n16
ID laws and, 72, 132n115, 133n121
long lines and, 3–4
program integrity and, 74, 78
registration and, 17, 37–39, 70–72, 117n16, 123n16
Sludge Audits and, 94
time and, 109–110, 21
Voting Rights Act, 70

War on sludge, 10–14, 28, 111
Welfare
benefit programs and, 46–60
nudges and, 9
“work first” policies and, 53, 58
Wiederspan, Mark, 117n15
Willingness to pay in time (WTPT), 85–86, 136n18
Wisconsin, 69
Wittgenstein, Ludwig, 115n4
Women
abortion and, 68–70, 80, 94, 111
administrative burdens and, 34, 121n22
automatic enrollment and, 33
constitutional rights and, 68–69
Sludge Audits and, 110
“Work first” policies, 53, 58
World Bank, 1

X waivers, 22–23

YouTube, 81

Zoning licenses, 120n9