Publications

    Assessing the U.S. Treasury Department’s Allocations of Funding for Tribal Governments under the American Rescue Plan Act of 2021

    Eric C. Henson, Miriam R. Jorgensen, Joseph P. Kalt, & Isabelle G. Leonaitis; November 2021  

    The American Rescue Plan Act of 2021 (“the Act” or “ARPA”) has resulted in the single largest infusion of federal funding for Native America in U.S. history. The core of this funding is $20 billion for the more than 570 federally recognized American Indian and Alaska Native tribal governments. As required by the Act, the Department of the Treasury (“Treasury” or “the Department”) devised and has now implemented a formula for allocating these monies. In this report, the authors find that the allocations that have been made are grossly inequitable and contrary to the policy objectives of Congress, the Biden Administration, and the Treasury Department itself.

     

    This study uses publicly available information to estimate enrollment and employment counts for tribes. These figures are only estimates created for the express purpose of analyzing the appropriateness of the US Department of the Treasury’s American Rescue Plan Act allocations. Our estimates have not and cannot be verified against actual enrollment or employment data submitted to the Department of Treasury by each tribe.  We believe the estimates are as accurate as possible and reliable for the purpose of assessing the relative positions of tribes under Treasury’s ARPA allocations, but should not be extracted and used as accurate for any individual tribe or for any purpose other than how they are used here.

     

    Democratizing the Federal Regulatory Process: A Blueprint to Strengthen Equity, Dignity, and Civic Engagement through Executive Branch Action

    Archon Fung, Hollie Russon Gilman, and Mark Schmitt; September 2021 

    While legislation tends to get more attention, the regulatory process within the executive branch is at the core of day-to-day democratic governance. Federal regulation and rule-making engages dozens of agencies and affects every American. In writing the rules and regulations to implement laws, revise standards, and exercise the substantial authority granted to the presidency, the agencies of the federal government set directions, priorities, and boundaries for our collective life. At times, the regulatory process has moved the country in the direction of greater justice, equality, and security. At other times, it has pulled us in other directions, often with little public engagement or debate.

    The Biden-Harris administration acknowledged the centrality of the regulatory process with two actions on the President’s first day in office. The first called for modernizing the regulatory review process, particularly the central oversight role of the Office of Information and Regulatory Affairs (OIRA). The second was an executive order calling on the federal government to support underserved communities and advance racial equity. To understand the challenges to and advantages of a reformed regulatory review process, New America’s Political Reform Program and the Ash Center for Democratic Governance and Innovation at Harvard University’s John F. Kennedy School of Government convened a group of academic experts from across the country to share their findings on the state of regulatory review and to identify alternative measures of not just the cost of regulations, but also the distributional impact of their costs and benefits. These experts specialize in administrative law, economic analysis, public participation, and regulatory review, and their work covers policy areas including patent law, healthcare, and environmental justice.

    Understanding the Role of Local Election Officials: How Local Autonomy Shapes U.S. Election Administration

    Hannah Furstenberg-Beckman, Greg Degen, and Tova Wang; September 2021 

    This policy brief will examine the independence and discretionary powers of local election officials and offer a framework to better understand local autonomy in our electoral system. It will also describe the larger system within which the local election official operates and demonstrate how local power and voter-focused decision-making varies across the country. The brief will use illustrative examples of the exercise of autonomy by local election officials from past elections as well as examples of shifts in local discretionary powers from the recent wave of state legislative efforts that seek to restrict autonomy.

    It will also address the implications of local autonomy for those with an interest in increasing voter access and promoting voter participation. This brief can be a resource for those seeking a better understanding of the possible levers of change in their own state or locality’s electoral system.

    Toward a Smarter Future: Building Back Better with Intelligent Civil Infrastructure -- Smart Sensors and Self-Monitoring Civil Works

    Stephen Goldsmith, Betsy Gardner, and Jill Jamieson; August 2021 

     

    The United States needs to build better infrastructure. The current repairs and replacements are disorganized and patchwork, resulting in unsafe, costly, and inequitable roads, bridges, dams, sidewalks, and water systems. A strategic, smart infrastructure plan that integrates digital technology, sensors, and data not only addresses these issues but can mitigate risks and even improve the conditions and structures that shape our daily lives.

     

    By applying data analysis to intelligent infrastructure, which integrates digital technology and smart sensors, we can identify issues with the country’s roadways, buildings, and bridges before they become acute dangers. First, by identifying infrastructure weaknesses, smart infrastructure systems can address decades of deferred maintenance, a practice that has left many structures in perilous conditions. Sensors in pavement, bridges, vehicles, and sewer systems can target where these problems exist, allowing governments to allocate funding toward the neediest projects.

    From there, these sensors and other smart technologies will alert leaders to changes or issues before they pose a danger—and often before a human inspector can even see them. The many infrastructure emergencies in the U.S. cost thousands of lives and billions of dollars each year, so identifying and fixing these issues is a pressing security issue. Further, as the changing climate leads to more extreme weather and natural disasters, the safety and resiliency of the country’s infrastructure is an immediate concern. Sensor systems and other intelligent infrastructure technology can identify and mitigate these problems, saving money and lives.

    In addition, intelligent infrastructure can be layered onto existing infrastructure to address public health concerns, like monitoring sewer water for COVID-19 and other pathogens or installing smart sensors along dangerous interstates to automatically lower speed limits and reduce accidents. It can also be used to improve materials, like concrete, to reduce the carbon footprint of a project, ultimately contributing to better health and environmental outcomes.

    Finally, addressing inequities is a major reason to utilize intelligent infrastructure. Research shows that people of color in the U.S. are exposed to more pollutants, toxic chemicals, and physical danger through excess car emissions, aging water pipes, and poor road conditions. The implementation and funding of these intelligent infrastructure projects must consider where—and to whom—harm has traditionally been done and how building back better can measurably improve the quality of life in marginalized and vulnerable communities.

    While there are challenges to implementing a sweeping intelligent infrastructure plan, including upfront costs and security concerns, all levels of government play a role in achieving a safer society. At the federal level, with infrastructure funding bills being debated at this moment, the government must look beyond roads and bridges and consider that intelligent infrastructure is a system: upheld, connected, and integrated by data. Through grants, incentives, and authorized funding, the federal government can effect monumental change that will improve how all residents experience their daily lives. At the state level, budgeting with intelligent infrastructure in mind will encourage innovative approaches to local infrastructure. And on a municipal level, cities and towns can invest in comprehensive asset management systems and training for local workers to best utilize the intelligent infrastructure data.

    Risk Mitigation and Creating Social Impact: Chinese Technology Companies in the United States

    Wenchi Yu, April 2021

    Chinese technology companies have become a topic of interest to not only the business and investor communities but also increasingly the national security and intelligence communities. Their scale and level of innovation present new possibilities and new competition as well as shape global trends. Yet the relationship of such companies to the Chinese government is often opaque. As a result, their growing integration into the global telecommunications system also casts doubt on their intentions and legitimacy.

    This paper reviews key US policy developments under the Trump administration, both broadly toward China and more narrowly relating to trade and technology, and examines the business strategy of four Chinese technology companies operating in the United States. It outlines the benefits of a corporate risk mitigation approach that incorporates social impact creation as an integral part of business and nonmarket strategy for Chinese technology companies, in the United States, and elsewhere. However, this paper also argues that corporate actions can only go so far. Because technology necessarily involves concerns of national security, the role of government—and government cooperation—is essential. It is only through a combination of more locally engaged corporate actions and internationally agreed upon sectoral rules and standard settings that we will be better able to improve transparency and trust-building across borders.

    Recommendations for Allocation and Administration of American Rescue Plan Act Funding for American Indian Tribal Governments

    Eric C. Henson, Megan Hill, Miriam R. Jorgensen, and Joseph P. Kalt; April 2021

    The American Rescue Plan Act (ARPA) provides the largest infusion of federal funding for Indian Country in the history of the United States. More than $32 billion dollars is directed toward assisting American Indian nations and communities as they work to end and recover from the devastating COVID19 pandemic – which was made worse in Indian Country precisely because such funding is long overdue.

    In this policy brief, we set out recommendations which we hope will promote the wise and productive allocation of ARPA funds to the nation’s 574 federally recognized American Indian tribes. We see ARPA as a potential “Marshall Plan” for the revitalization of Indian nations. The Act holds the promise of materially remedying at least some of the gross, documented, and long-standing underfunding of federal obligations and responsibilities in Indian Country. Yet, fulfilling that promise requires that the federal government expeditiously and wisely allocate ARPA funds to tribes, and that tribes efficiently and effectively deploy those funds to maximize their positive impacts on tribal communities.

    Getting Value from Workforce Stimulus Investments: What Works in Youth Workforce Programs and How to Grow the Evidence Base

    Jane Wiseman, November 2020 

    The current economic crisis will likely inspire federal investment in training for unemployed and underemployed Americans. When funds are made available for youth workforce development, transparent reporting and publication of results data should be required. User-friendly reports should be created that enable unemployed and underemployed Americans to see which training providers achieve the best results, much as the current College Scorecard helps youth and their families evaluate colleges. This will benefit program recipients, the taxpayer, and society at large. Evidence about what works for youth workforce development is still in an early stage of maturity, so upcoming investments present an opportunity to advance the state of knowledge. With this data and insight, future investments can continue to fund effective programs and ineffective ones can be discontinued.

    The 2020 Election Season and Aftermath: Preparation in Higher Education Communities
    Leonard, Herman B. "Dutch", Arnold M. Howitt, and Judith B. McLaughlin. 2020. “The 2020 Election Season and Aftermath: Preparation in Higher Education Communities”. Read the full report Abstract

    Herman B. "Dutch" Leonard, Arnold M. Howitt, and Judith B. McLaughlin; October 2020 

    There is widespread uncertainty and heightened anxiety on higher education campuses and elsewhere about what might happen during the 2020 election season in the United States. At every turn, we see elevated emotions and anxieties generated by the election process and related events, together with the potential for disruption of various kinds in the election process itself – before, during, and/or after the end of voting on November 3. This is compounded by the possibility of uncertainty, perhaps over many days or even weeks, about who has won various contests and about who will take office.

    A wide range of scenarios related to the election process and possible election outcomes have been described in mainstream media, in social media, and in other forums. Given the considerable (and, generally speaking, desirable) involvement and energy invested in these events within higher education communities among faculty, staff, students, and alumni, a number of these scenarios might well result in situations on campuses, in higher education communities, or in the surrounding communities where they reside that would call for institutional response. Many campus leaders and management groups are now thinking through what might be necessary or desirable and figuring out what they might usefully do in advance to prepare to provide the best response possible. Obviously, the difficulties of planning for the many possible circumstances that might confront us are compounded by the fact that all of this is taking place during an ongoing (and, indeed, now intensifying) pandemic accompanied by calls for racial justice and police reform. In this brief note, we suggest some ideas that might be helpful for higher education communities organizing themselves in the face of these uncertainties.

    Henson, Eric, Miriam R. Jorgensen, Joseph Kalt, and Megan Hill. 2020. “Federal COVID‐19 Response Funding for Tribal Governments: Lessons from the CARES Act”. Read the full report Abstract

    Eric C. Henson, Megan M. Hill, Miriam R. Jorgensen & Joseph P. Kalt; July 2020 

    The federal response to the COVID‐19 pandemic has played out in varied ways over the past several months.  For Native nations, the CARES Act (i.e., the Coronavirus Aid, Relief, and Economic Security Act) has been the most prominent component of this response to date. Title V of the Act earmarked $8 billion for tribes and was allocated in two rounds, with many disbursements taking place in May and June of this year.

    This federal response has been critical for many tribes because of the lower socio‐economic starting points for their community members as compared to non‐Indians. Even before the pandemic, the average income of a reservation‐resident Native American household was barely half that of the average U.S. household. Low average incomes, chronically high unemployment rates, and dilapidated or non‐existent infrastructure are persistent challenges for tribal communities and tribal leaders. Layering extremely high coronavirus incidence rates (and the effective closure of many tribal nations’ entire economies) on top of these already challenging circumstances presented tribal governments with a host of new concerns. In other words, at the same time tribal governments’ primary resources were decimated (i.e., the earnings of tribal governmental gaming and non‐gaming enterprises dried up), the demands on tribes increased. They needed these resources to fight the pandemic and to continue to meet the needs of tribal citizens.

    Eric C. Henson, Megan M. Hill, Miriam R. Jorgensen & Joseph P. Kalt; July 2020 

    In this policy brief, we offer guidelines for federal policy reform that can fulfill the United States’ trust responsibility to tribes, adhere to the deepest principles of self‐governance upon which the country is founded, respect and build the governing capacities of tribes, and in the process, enable tribal nations to emerge from this pandemic stronger than they were before. We believe that the most‐needed federal actions are an expansion of tribal control over tribal affairs and territories and increased funding for key investments in tribal communities. 

    Lift Every Voice: The Urgency of Universal Civic Duty Voting
    Rapoport, Miles, E.J. Dionne, and et al. 2020. “Lift Every Voice: The Urgency of Universal Civic Duty Voting.” Ash Center for Democratic Governance and Innovation, Brookings Governance Program . Read the full report Abstract

    The Universal Voting Working Group, July 2020 

    Imagine an American democracy remade by its citizens in the very image of its promise, a society where the election system is designed to allow citizens to perform their most basic civic duty with ease. Imagine that all could vote without obstruction or suppression. Imagine Americans who now solemnly accept their responsibilities to sit on juries and to defend our country in a time of war taking their obligations to the work of self-government just as seriously. Imagine elections in which 80 percent or more of our people cast their ballots—broad participation in our great democratic undertaking by citizens of every race, heritage and class, by those with strongly-held ideological beliefs, and those with more moderate or less settled views. And imagine how all of this could instill confidence in our capacity for common action.

    This report is offered with these aspirations in mind and is rooted in the history of American movements to expand voting rights. Our purpose is to propose universal civic duty voting as an indispensable and transformative step toward full electoral participation. Our nation’s current crisis of governance has focused unprecedented public attention on intolerable inequities and demands that Americans think boldly and consider reforms that until now seemed beyond our reach.

    Fiscal Strategies to Help Cities Recover—And Prosper
    Goldsmith, Stephen, and Charles “Skip” Stitt. 2020. “Fiscal Strategies to Help Cities Recover—And Prosper.” Ash Center for Democratic Governance and Innovation. Read the full report Abstract

    Stephen Goldsmith and Charles "Skip" Stitt, May 2020 

    Despite robust economies, many local officials entered 2020 already worried about budget balances that looked fragile in the short term and problematic in the long term due to enormous pension and health-care issues. Today, in the wake of COVID-19, clearly federal support is necessary, but it is also apparent that it cannot alleviate all the pressures on communities as responsibilities related to the pandemic skyrocket while revenues plummet.

    While many public managers will rightly deploy a host of tactical cost-cutting measures, the most creative among them will explore deeper and more strategic changes, such as those presented herein, which will help address the current crisis while preparing their cities for the future. This paper suggests a transition to a culture deeply focused on data, incentives for city workers to produce internal reforms, public-private partnerships that monetize operational excellence, and rapid adoption of both new technologies and good ideas borrowed from other jurisdictions. These more deliberate and strategic approaches may be harder to implement but those offered here need not harm incumbent public employees nor negatively impact cities’ efforts to ensure access and equity. Rather, the strategies we outline should strengthen the efficiency and mandates of existing government offices while helping make cities more resilient and better prepared for tomorrow’s challenges.

    Union Impact on Voter Participation—And How to Expand It

    Tova Wang, May 2020

    Some politicians have enacted measures in recent years to make voting harder and to reduce participation among certain groups. Others have sought to counteract that voter suppression by implementing laws to make voting easier, such as same-day or automatic registration. There is another antidote to the effort to reduce participation: lifting up worker organizations. This is especially important to understand given the ways in which powerful individuals and groups have sought to weaken unions because of their political strength representing American workers.

    In this report, the author first explains efforts to weaken unions and the voice of working people; then what the decline of unions and union membership has meant for participation; next, Wang looks at the data showing the positive effects unions have on voter participation; and finally, she suggests how going forward we can reform the laws and how labor is structured such that it not only continues to facilitate voter participation, but even enhances it.

    Randall K.Q. Akee, Eric C. Henson, Miriam R. Jorgensen, and Joseph P. Kalt; May 2020 

    This study dissects the US Department of the Treasury’s formula for distributing first-round CARES Act funds to Indian Country. The Department has indicated that its formula is intended to allocate relief funds based on tribes’ populations, but the research team behind this report finds that Treasury has employed a population data series that produces arbitrary and capricious “over-” and “under-representations” of tribes’ enrolled citizens.

    Science, Technology, & Democracy: Building a Modern Congressional Technology Assessment Office

    Zach Graves and Daniel Schuman, January 2020

    This paper offers recommendations and a road map for the future success of a restarted technology assessment office in Congress. We look at three potential approaches: (1) Building up the Government Accountability Office (GAO)’s OTA-like capacity in its newly created Science, Technology Assessment, and Analytics (STAA) team, and giving it greater resources and structural autonomy; (2) Reviving OTA but updating its procedures and statutory authority; and (3) A hybrid approach wherein both GAO and a new OTA develop different capacities and specializations. (Spoiler: we favor the third approach.)
     
    The next section of this paper reviews what OTA was and how it functioned. The third section discusses the history of and rationale for the defunding of OTA, other cuts to Congress’s S&T capacity, and why this congressional capacity and expertise matter for democracy. The fourth section reviews efforts to revive OTA and other efforts to build new congressional S&T capacity. The fifth section discusses the political landscape for building S&T capacity, including the legislative branch appropriations process and the different political constituencies for S&T. The final section offers a detailed discussion of various structural recommendations for a new congressional technology assessment office, including an expanded STAA unit in GAO, and a new OTA.
     

    Randall K.Q. Akee, Eric C. Henson, Miriam R. Jorgensen, and Joseph P. Kalt; May 2020 

    Title V of the CARES Act requires that the Act’s funds earmarked for tribal governments be released immediately and that they be used for actions taken to respond to the COVID‐19 pandemic. These may include costs incurred by tribal governments to respond directly to the crisis, such as medical or public health expenditures by tribal health departments. Eligible costs may also include burdens associated with what the U.S. Treasury Department calls “second‐order effects,” such as having to provide economic support to those suffering from employment or business interruptions due to pandemic‐driven business closures. Determining eligible costs is problematic.

    Title V of the CARES Act instructs that the costs to be covered are those incurred between March 1, 2020 and December 30, 2020. Not only does this create the need for some means of approximating expenditures that are not yet incurred or known, but the Act’s emphasis on the rapid release of funds to tribes also makes it imperative that a fair and feasible formula be devised to allocate the funds across 574 tribes without imposing undue delay and costs on either the federal government or the tribes.

    Recognizing the need for reasonable estimation of the burdens of the pandemic on tribes, the authors of this report propose an allocation formula that uses data‐ready drivers of those burdens.  Specifically, they propose a three‐part formula that puts 60% weight on each tribe’s population of enrolled citizens, 20% weight on each tribe’s total of tribal government and tribal enterprise employees, and 20% weight on each tribe’s background rate of coronavirus infections (as predicted by available, peer‐reviewed incidence models for Indian Country).

    Mathis, Colleen, Daniel Moskowitz, and Benjamin Schneer. 2019. “The Arizona Independent Redistricting Commission: One State's Model for Reform”. Read full paper Abstract

    Colleen Mathis, Daniel Moskowitz, and Benjamin Schneer; September 2019 

    In most states, redistricting, the process by which electoral district boundaries are drawn, is an overtly partisan exercise controlled by state legislatures. The U.S. Supreme Court’s 2019 decision Rucho v. Common Cause held that federal courts cannot review allegations of partisan gerrymandering. Independent redistricting in practice has proven remarkably successful along several dimensions. This policy brief outlines key lessons learned from redistricting in Arizona, a state with a five-person independent redistricting commission.

    Civic Responsibility: The Power of Companies to Increase Voter Turnout

    Sofia Gross and Ashley Spillane, June 2019 

    This case study provides an analysis and evaluation of the implementation of civic participation programs by companies aimed at increasing voter turnout. The United States consistently lags behind the majority of developed democratic nations in voter turnout, averaging less than half of the eligible voter population participating in midterm elections. The U.S. ranks 26th out of 32 developed democracies in percentage of eligible voters who participate in elections. Today, many companies have dedicated resources for corporate social responsibility projects aimed at strengthening society and building goodwill among employees, consumers, and the public. Voter participation initiatives align with the goals of social responsibility projects, as they address a critical societal problem (lack of engagement), while building goodwill with key stakeholders. 

    Elena Fagotto, Project on Transparency and Technology for Better Health, March 2019

    The Project on Transparency and Technology for Better Health was established to conduct comparative case studies on platforms that empower patients through information to provide an inventory and typology of initiatives. This case study takes a look at Breast Cancer Straight Talk Support, a closed Facebook community for women dealing with breast cancer and survivors. With hundreds of posts every day, the group is a safe space where women can vent about feeling scared, depressed, or lonely and receive support from women who “get them.” For many members, the group is a window into other women’s cancer journeys, which gives them perspective and a more proactive attitude to fight the disease. The community is also an important resource to ask questions on treatments, side effects, surgery and more.

    Elena Fagotto, Project on Transparency and Technology for Better Health, March 2019

    The Project on Transparency and Technology for Better Health was established to conduct comparative case studies on platforms that empower patients through information to provide an inventory and typology of initiatives. This case study takes a look at IBD Partners, a research network connecting nearly 15,500 IBD patients with over 300 researchers. Patients can contribute their self-reported health data for research by filling out surveys on their health twice a year. This way, patient-generated data feeds into an extensive database that can be accessed by researchers to conduct longitudinal studies, to connect with patients for clinical trials and for prospective studies. Patients can also use the platform to suggest research questions and vote for the most interesting ideas, generating a truly patient-driven research agenda.

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