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I
f
the
U.S.
Department of
Health and
Human Services
(HHS) were
a
separate
coun-
try,
its
approximately
$1.6 trillion
budget would
rank as
the
world’s
fifth-largest national
budget.
For
good
or
ill,
HHS
activities
personally impact
the
lives
of
more
Americans
than do
those of
any
other
federal agency.
Under President
Trump, HHS was
dedicated to
serving “all
Americans from
conception to
natural death,
including
those
individuals
and
families
who
face…economic
and
social
well-being challenges.”1 Under
President
Biden, the
mission has
shifted to
“promoting equity
in
everything
we
do”
for
the
sake of
“populations sharing
a
particular
characteristic”
including
race,
sexuality,
gender
identification,
ethnicity,
and
a
host of
other categories.2
As
a
result
of
HHS’s
having lost
its
way,
U.S. life
expectancy, instead
of
return-
ing
to
normal after
the
COVID-19
pandemic, continued
to
drop
precipitously
to levels
not seen
since 1996
with white
populations
alone
losing 7
percent of
their expected life
span
in
just
one
year.3 Nothing
less
than
America’s long-term
survival
is at stake. Accordingly, HHS must return to serving the health and
well-being of all
Americans
at
all
stages of
life instead
of
using
social engineering
that leaves
us sicker,
poorer, and
more
divided.
OVERVIEW
HHS
consists of
11
operating
divisions that
have varying
degrees of
practical independence
from the Secretary of Health and Human Services and 15 staff
divisions that
are
directly under
the Office
of the
Secretary.
This chapter’s
rec- ommendations
are
limited
to
those
divisions
that
most
need
reform
and
address,
wherever
possible, five
cross-cutting
goals.
Mandate
for
Leadership: The
Conservative
Promise
Goal
#1:
Protecting Life,
Conscience,
and Bodily
Integrity.
The Secretary
should
pursue
a
robust
agenda
to
protect
the
fundamental
right
to
life,
protect
con-
science
rights, and
uphold
bodily
integrity
rooted
in
biological
realities,
not
ideology.
From the
moment
of
conception,
every
human
being
possesses
inherent
dignity
and worth,
and
our
humanity
does
not
depend
on
our
age,
stage
of
development,
race, or
abilities.
The
Secretary
must
ensure
that
all
HHS
programs
and
activities
are rooted
in a
deep
respect for
innocent
human life
from day
one until
natural
death:
Abortion
and
euthanasia
are
not
health care.
A
robust respect
for
the
sacred rights
of
conscience,
both at
HHS
and
among gov-
ernments
and institutions funded by it, increases choices for
patients and program
beneficiaries and
furthers
pluralism and tolerance.
The
Secretary must
protect Americans’ civil
rights
by
ensuring
that
HHS
programs
and
activities
follow
the letter
and spirit
of
religious freedom
and
conscience-protection
laws.
Radical
actors inside and outside government are promoting harmful
identity
politics
that replaces
biological sex
with subjective
notions of
“gender identity”
and
bases
a
person’s
worth on
his
or
her
race,
sex, or
other identities.
This destructive
dogma, under the guise of “equity,” threatens American’s
fundamental liberties as
well as
the
health
and
well-being
of
children
and
adults
alike. The
next Secretary
must
ensure that
HHS
programs protect
children’s
minds and
bodies and
that HHS
programs respect
parents’
basic right
to direct
the
upbringing,
education, and care of their children.
Goal #2: Empowering Patient Choices and Provider Autonomy.
Basic eco-
nomics
holds
that
costs
tend
to
decrease
and
quality
and
options
tend
to
increase when
there
is
robust
and
free
competition in
the
provision
of
goods
and
services.
Health care
is no
exception. Health care
reform
should be
patient-centered and market-based and should
empower individuals to control their health care–related
dollars and decisions.
Of
course, providers
who
deliver
health care
also need
the
freedom
to
address
the
unique
needs of
their patients.
States should
be
the
primary regulators
of
the
medical profession, and the federal government should not
restrict providers’ abil-
ity to discharge their
responsibilities or limit their ability to innovate through
government pricing controls or irrational Medicare and
Medicaid reimburse- ment
schemes.
Finally,
America’s broken insurance system, run largely through
confusing pro-
vider
networks and third-party payers (employers), induces
overconsumption of health
care,
limits consumer
shopping, and hides
true costs
from
patients.
The
federal
government
should focus
reform
on
reducing
burdens of
regulatory
compliance, unleashing innovation in health care delivery, ceasing
interference in
the
daily
lives
of
patients
and
providers,
allowing
alternative
insurance
coverage options,
and
returning
control of
health
care
dollars
to
patients
making
decisions
with their
providers about their
health
care treatments
and
services.
2025
Presidential Transition
Project
Goal #3: Promoting Stable and Flourishing Married Families.
Families comprised
of a
married
mother, father,
and their
children
are the
foundation
of a well-ordered
nation and
healthy
society.
Unfortunately,
family policies
and programs
under
President
Biden’s
HHS
are
fraught
with
agenda
items
focusing
on “LGBTQ+ equity,”
subsidizing single-motherhood, disincentivizing work, and
penalizing
marriage.
These policies
should
be
repealed
and
replaced
by
policies
that support
the
formation of
stable,
married, nuclear
families.
Working fathers are essential to
the well-being and development of their children, but the
United States is experiencing a crisis of fatherlessness
that is ruining our children’s futures. In the overwhelming
number of cases, fathers
insulate
children
from
physical
and
sexual
abuse,
financial
difficulty
or
poverty,
incarceration,
teen pregnancy, poor educational
outcomes, high school
failure, and a host
of
behavioral and
psychological
problems. By contrast,
homes with
non-related
“boyfriends”
present
are
among
the
most
dangerous
place
for
a
child to be. HHS
should prioritize married father engagement in its
messaging, health, and welfare policies.
In
the
context
of
current
and
emerging
reproductive technologies,
HHS
policies
should
never
place
the
desires of
adults over
the
right
of
children
to
be
raised by the
biological fathers
and
mothers
who
conceive
them. In
cases involving
biolog- ical
parents
who are
found by
a court to
be unfit
because of
abuse or
neglect,
the process
of
adoption
should
be
speedy,
certain,
and
supported
generously
by
HHS.
Goal
#4:
Preparing for
the Next
Health
Emergency. The
COVID-19
pan- demic
demonstrated
how
catastrophic
a
micromanaging,
misinformed,
centralized,
and politicized
federal
government
can
be.
Basic
human
rights,
medical
choice,
and
the
doctor–patient relationship
were
trampled
without
scientific
justification
and for
extended
periods of
time.
Excess deaths,
not due to COVID-19,
skyrocketed because
of
forced
lockdowns,
isolation,
vaccine-related
mass
firings,
and
colossal
disruptions
of
the
economy and
daily rhythms
of
life.
The federal government’s
public
health apparatus
has lost
the
public’s trust.
Before
the
next
national
public
health
emergency,
this
apparatus
must
be
funda- mentally
restructured to
ensure
a
transparent,
scientifically
grounded,
and
more
nimble, efficient, transparent, and targeted response that
respects the unique needs
and input
of patient
populations and providers.
Every one
of the overreaching policies during the pandemic—from
lockdowns and
school
closures to
mask and
vaccine
mandates or
passports—received
its supposed legal
justification from the state of emergency declared (and
renewed) by
the HHS
Secretary. Tellingly, however,
the
threshold for
what
constitutes a public
health
emergency—how
many
cases,
hospitalizations,
deaths,
etc.—was
never defined. For the sake
of democratic accountability, we must know with clarity
what will trigger
the next emergency declaration and, just as important, what
will trigger its end.
Mandate
for
Leadership: The
Conservative
Promise
Unaccountable
bureaucrats like
Anthony Fauci
should never
again have
such
broad,
unchecked
power to
issue health
“guidelines” that
will certainly
be
the
basis
for
federal
and
state
mandates. Never
again should
public health
bureaucrats be
allowed to
hide information, ignore information, or mislead the public
concerning the
efficacy
or dangers
associated with any
recommended health interventions
because they believe it
may lead
to
hesitancy on
the part
of the
public.
The only
way
to restore
public
trust
in
HHS
as
an
institution
capable
of
acting
responsibly
during a
health
emergency is
through
the best
of
disinfectants—light.
Goal #5:
Instituting Greater Transparency,
Accountability, and Over-
sight.
The
next
Administration
should
guard against
the
regulatory
capture of
our
public
health
agencies
by
pharmaceutical
companies, insurers,
hospital conglomer-
ates,
and
related economic
interests that
these agencies
are
meant
to
regulate.
We must erect
robust firewalls
to
mitigate
these obvious
financial conflicts
of
interest. All
National
Institutes of Health,
Centers for
Disease
Control and
Prevention, and
Food and
Drug
Administration
regulators should be
entirely
free from
pri- vate
biopharmaceutical
funding.
In
this
realm,
“public–private
partnerships”
is
a
euphemism
for agency
capture,
a
thin
veneer
for
corporatism.
Funding
for
agencies
and individual
government
researchers
must
come
directly
from
the
government
with
robust
congressional
oversight.
We must shut
and lock the revolving door between government and Big
Pharma. Regulators
should
have a
long
“cooling off
period” on
their
contracts (15 years
would not be too long)
that prevents them from working for companies they have
regulated. Similarly,
pharmaceutical
company
executives
should
be
restricted
from moving
from
industry into
positions
within regulatory
agencies.
Finally,
HHS should adopt metrics across the agency that can
objectively deter-
mine
the
extent
to
which
the
agency’s
policies
and programs
achieve
desired
health
and
welfare
outcomes
(not agency
outputs).
What
is
not
measured
is
not
achieved.
CENTERS
FOR DISEASE
CONTROL AND
PREVENTION (CDC)
COVID and Structural Reform.
COVID-19
exposed
the Centers
for
Disease Control
and Prevention (CDC)
as perhaps
the most
incompetent and arrogant
agency
in
the
federal
government.
CDC
continually
misjudged
COVID-19,
from
its
lethality,
transmissibility,
and
origins
to
treatments.
We
were
told
masks
were
not
needed;
then they
were
made
mandatory.
CDC
botched
the
development
of
COVID tests when they were
needed most. When it was too late, we were told to put
our
lives
on
hold
for
“two
weeks
to
flatten
the
curve;”
that
turned
into
two
years
of
interference and
restrictions on the smallest details of our lives. Congress
should ensure that CDC’s
legal
authorities are
clearly
defined and
limited to
prevent a
recurrence of any
such
arbitrary and
vacillating
exercise of
power.
The
CDC
should
be
split
into two
separate entities
housing its
two
distinct
func-
tions.
On
the
one
hand,
the
CDC
is
now
responsible for
collecting, synthesizing,
2025 Presidential
Transition Project
and publishing epidemiological
data from the individual states—a scientific
data-gathering function.
This information is crucial for medical and public health
researchers around the
country. On
the other hand,
the CDC
is also
responsible for
making
public
health
recommendations and
policies—an
inescapably
political
function.
At
times,
these
two
functions
are in
tension
or
clear
conflict.
In
February
2022, for
example, it
was reported that
“[t]wo
full years
into the
pandemic, the agency leading
the
country’s
response to
the public health
emergency has pub-
lished only a tiny
fraction of the data it has collected,” much of which “could
[have helped]
state
and
local
health
officials
better
target
their
efforts
to
bring
the
virus
under
control.”
A CDC
spokesman
said
that
one
of
the
reasons
was
“fear
that
the
information might be misinterpreted.”4
These
distinct functions
should be
separated into
two
entirely
separate agen-
cies
with a
firewall
between them.
We need
a national
epidemiological
agency responsible only
for
publishing
data
and
required
by
law
to
publish
all
of
the
data
gathered
from states
and
other
sources.
A
separate
agency
should
be
responsible
for public health with a
severely confined ability to make policy recommendations.
The CDC
can and
should
make assessments
as to
the
health
costs
and benefits
of health interventions, but
it has
limited to
no capacity to
measure
the
social costs or
benefits
they may
entail.
For example,
how much
risk
mitigation is
worth the
price
of
shutting
down
churches
on
the
holiest
day
of
the
Christian
calendar
and
far
beyond
as
happened
in 2020?
What
is
the
proper
balance
of
lives
saved
versus
souls saved? The CDC has
no business making such inherently political (and often
unconstitutional) assessments and
should be
required by
law to stay
in its
lane.
The CDC’s
initial COVID-19 testing failures were largely the result of
that agen- cy’s
prioritizing
its own
development and production
of tests
using its
internal staff
and
facilities. The
private
sector
is
much
better
positioned
to
tackle
the
chal-
lenges inherent in
developing and manufacturing novel products, as illustrated
by the
relative
success
of
the
alternative
approach
to
facilitating
the
development
of COVID-19
vaccines
and therapeutics
by
private
companies
that
was
adopted
by the
Food and
Drug
Administration
(FDA).
When
it
comes
to
testing,
the
CDC’s
role should
similarly be
to
facilitate
rather
than
supplant
the
efforts
of
private
test developers,
academic laboratories,
state public
health
laboratories, and
clinical
testing
providers. When
responding
to a
novel pathogen, the CDC
should focus on gathering and disseminating information,
including
specimens
needed for
development
of
positive
controls
and
reference
panels, and
ensuring
that test
developers can develop
and
validate
diagnostic tests.
These
changes
will require
a
shift
in
priorities
and
culture
at
the
CDC—and
throughout HHS more broadly.5
Most
problematically,
the
CDC
presented
itself as
a
kind
of
“super-doctor”
for the entire
nation. The
CDC
is
a
public
health institution,
not
a
medical institution.
According
to
its
mission statement,
the
agency
focuses on
“disease prevention
and
Mandate for
Leadership: The Conservative
Promise
control,
environmental
health,
and
health
promotion and
health education
activi-
ties.”6 It
is not qualified to offer (and usually does not purport to
offer) professional
medical opinions applicable to specific patients.
From
time to
time, the
CDC
offers
findings and
recommendations
that
compe- tent medical
practitioners
often
will consider
in
arriving
at
a
professional medical
judgment
for a
particular
patient. In
this
respect, CDC
guidelines
are analogous
to
guidelines
from
other
public
health
associations
or
medical
societies:
They
are
informative, not prescriptive.
By statute or
regulation, CDC guidance
must be
prohibited from taking
on a
prescriptive
character. For
example,
never
again
should CDC
officials
be
allowed
to say in their official
capacity that school children “should be” masked or
vaccinated (through a schedule or otherwise) or prohibited
from learning in a school building.
Such
decisions
should be
left
to
parents
and
medical
providers.
We
have
learned
that when CDC says what
people “should” do, it readily becomes a “must” backed by
severe
punishments, including
criminal
penalties.
CDC
should
report
on
the
risks and
effectiveness of all
infectious disease-mitigation
measures
dispassionately and
leave
the
“should”
and “must”
policy
calls
to
politically
accountable
parties.
Conflicts of
Interest.
There
was a
time when
the CDC
could not
take money
from the pharmaceutical
industry, but in 1992, the agency discovered a loophole in
federal
law
that
allowed
it to
accept
pharma
contributions
through
the
nonprofit
CDC Foundation.
The money
started
flowing
immediately: From
2014
through 2018, the CDC Foundation received $79.6 million from
pharmaceutical corpo- rations like Pfizer,
Biogen,
and Merck.7 This practice presents
a stark
conflict
of interest that should be banned.
Data Systems. The COVID-19
pandemic has revealed the disastrous public health
consequences of the CDC’s failure to follow multiple
congressional mandates to modernize
its data
infrastructure. Current reporting
methods are
burdensome
for
frontline
medical
workers,
yet
they
result
only
in
fragmented
data that
are not
available
in real time or
usable
across systems.
Congress
should
require HHS
to
prioritize the
electronic
collection and dis-
semination of robust,
privacy-protected data that better leverages existing
systems while
reducing
burdens
on
clinicians.
HHS
should
also
enter
into
a
public–private
partnership
with
a
data-management
expert
to
develop
a
system
that
makes
crit- ical
information
available
to health
care
workers
and
policymakers
in
real
time.8
The
CDC
operates
several programs
related to
vaccine safety
including the
Vac-
cine
Adverse
Event Reporting
System (VAERS);
Vaccine Safety
Datalink (VSD);
and
Clinical
Immunization Safety
Assessment (CISA)
Project. Those
functions and their
associated funding
should be
transferred to
the
FDA,
which is
responsible for post-market
surveillance and
evaluation of
all
other
drugs and
biological products.
Respect for Life and Conscience.
The CDC should eliminate
programs and projects
that do
not
respect
human
life
and
conscience
rights
and
that
undermine
2025
Presidential Transition
Project
family
formation. It
should ensure
that it
is
not
promoting abortion
as
health
care.
It should fund studies into the risks and complications of abortion and
ensure that it corrects and does not promote misinformation
regarding the comparative health
and
psychological
benefits
of
childbirth
versus the
health and
psychological
risks of
intentionally
taking a
human life
through
abortion.
The
CDC
oversaw
and
funded
the
development
and
testing
of
the
COVID-19 vaccines with
aborted fetal cell lines, insensitive to the consciences of
tens of thousands to hundreds of thousands of people who
objected to taking a vac- cine
with such
a link
to
abortion. As
evidenced
by litigation
across the
country, it is likely that thousands were fired
unjustly because of the exercise of their consciences or
faith on this question, which could have been avoided with a
modicum
of
concern
for
this
issue
from
CDC.
There
is
never
any
justification for ending
a
child’s
life
as
part
of
research,
and
the
research
benefits
from
splicing
or growing
aborted
fetal cells
and aborted
baby body
parts can
easily be
provided by alternative sources. All such research
should be prohibited as a matter of law and policy.
CDC
should update
its
public
messaging about
the
unsurpassed
effectiveness
of
modern
fertility awareness–based
methods (FABMs)
of
family
planning and
stop publishing
communications that conflate such methods with the
long-eclipsed “rhythm” or “calendar” methods. CDC should
fund studies exploring the evi- dence-based
methods
used in cutting-edge fertility
awareness.
Data Collection. The CDC’s
abortion surveillance and maternity mortality reporting
systems
are woefully
inadequate. CDC abortion
data are
reported
by states on a voluntary
basis, and California, Maryland, and New Hampshire do not
submit
abortion
data at
all.
Accurate
and
reliable
statistical
data
about
abortion, abortion
survivors,
and abortion-related
maternal
deaths
are
essential
to
timely,
reliable public
health and
policy
analysis.
Because
liberal states have now become sanctuaries for abortion
tourism, HHS should
use
every
available tool,
including the
cutting of
funds, to
ensure that
every state
reports
exactly how
many
abortions take
place
within its
borders, at
what gestational age
of
the
child,
for
what
reason,
the
mother’s
state
of
residence,
and by
what
method. It
should
also ensure
that
statistics are
separated
by category:
spontaneous miscarriage;
treatments that incidentally result in the death of a child
(such as
chemotherapy);
stillbirths; and
induced
abortion.
In
addition,
CDC
should require
monitoring
and reporting
for
complications due
to abortion
and every
instance
of children
being
born
alive
after
an
abortion.
Moreover,
abortion
should
be clearly
defined
as
only
those
procedures
that intentionally
end
an
unborn
child’s
life. Miscarriage
management
or
standard
ectopic
pregnancy
treatments
should
never be conflated with abortion.
Comparisons
between live
births and
abortion should
be
tracked
across vari-
ous
demographic
indicators to
assess whether
certain populations
are
targeted
by
Mandate for
Leadership: The Conservative
Promise
abortion
providers and whether better prenatal physical, mental, and
social care
improves
infant outcomes
and
decreases
abortion rates,
especially among
those who are most
vulnerable.
The Ensuring Accurate
and
Complete Abortion
Data
Reporting Act
of 20239
would
amend title
XIX of
the Social
Security
Act and
Public
Health Service
Act to
improve the
CDC’s
abortion reporting
mechanisms
by requiring
states, as
a condition
of federal
Medicaid
payments for
family
planning
services, to
report streamlined variables in a timely manner.
The CDC
should immediately end its collection of data on gender
identity, which
legitimizes
the
unscientific
notion that
men
can
become women
(and vice
versa) and
encourages the phenomenon
of
ever-multiplying
subjective identities.
FOOD
AND DRUG
ADMINISTRATION
(FDA)
The
FDA’s
mission
includes
ensuring
the safety
and
efficacy
of
drugs,
biological
products, and medical devices.
Federal Laws
That Shield Big Pharma from Competition.
Because generics
generally
cost
far
less
than
brand-name
drugs,
consumers
begin
to
save
money
as soon
as
a
generic
product
comes
on
the
market.
The
vast
majority
are
very
afford-
able with
93 percent
of generic
products
costing $20
or less.
Savings
would be
even higher
under proposals
that prevent
brand-name man- ufacturers
from slowing down or impeding the entrance of generic
products into the
marketplace.
Specifically,
the
FDA
should
prohibit pharmaceutical
companies
from
purposely
sitting on
their legally
available right
to
be
the
first
to
sell
generic versions
of
their drugs.
Additionally,
Congress
should create
legal remedies
for generic
companies to obtain
samples of
brand-name
products for
their
generic development
efforts
and
should
prohibit
meritless
“citizen
petitions”
submitted
by manufacturers
to delay
approval
of a generic competitor.10
Approval Process for
Laboratory-Developed or Modified Medical Tests.
Learning
from
the failed
early
COVID-19
testing experience,
Congress
and
the FDA should
focus
on
reforming
laws and
regulations
governing medical
tests,
especially with
respect to laboratory-developed tests.
Commercial
tests are
developed with
the
intention
of
being
widely marketed,
distributed, and used,
while laboratory-developed tests are created with the
intention
of
being
used
solely
within
one
laboratory.
A
test
developed
by
a
lab
in
accordance with the
protocols developed by another lab (non-commercial sharing)
currently
constitutes a “new” laboratory-developed test because the
lab in which it
will
be
used
is
different
from the
initial
developing
lab.
To
encourage
interlab-
oratory collaboration and discourage duplicative test
creation (and associated
regulatory
and
logistical
burdens),
the
FDA
should
introduce
mechanisms
through which
laboratory-developed
tests
can
easily
be
shared
with
other
laboratories with- out the current
regulatory burdens.11
2025 Presidential
Transition Project
The
“laboratory-developed
tests”
category currently
encompasses a
range of
possible
tests, many
of
which
would be
characterized
more
appropriately
as
“lab- oratory-modified
tests”
because they
are not truly
novel tests
but
rather
modified
versions
of
existing
tests. To
avoid stifling
innovation and
access to
medical care,
the
applicable statutes and regulations should be revised to
facilitate greater access
to such modified tests.12
Finally,
the
FDA
has
long
held that
it
has
regulatory authority
over such
tests,
while
others
have
argued
that
they
should
be
considered
clinical services
regulated by
the
Centers for
Medicare
and Medicaid
Services
(CMS). The
FDA
currently has
regulatory
authority over in
vitro
diagnostics, and
under the
Clinical
Lab- oratory Improvement Amendments (CLIA),13
the CMS ensures
that labs meet analytical
validity
standards for test
methods.
Congress, the
FDA, and
the CMS
need to clarify and disentangle overlapping authorities over
tests to eliminate regulatory
confusion.14
Drug
Shortages. The very
thin profit margins and the regulatory burdens
associated
with generic
drug
manufacturing
discourage
inventory
and
capacity
investments
by
manufacturers
and
contribute
to
drug
shortages.
HHS
and
the
FDA should
encourage
more dependable
generic
drug
manufacturing.
The
FDA
should
expand its
current pass/fail
approach to
drug facility
inspec- tions
into
a
graded
system that
recognizes manufacturers
that exceed
minimum
standards by investing in improving production reliability. The FDA
should also add facility
codes to drug packaging and construct a searchable database
that cross-references product codes and facility codes. That would enable
wholesalers and
pharmacy benefit managers to identify and preference drugs
manufactured at
more reliable facilities, thus encouraging generic drug
manufacturers to compete on reliability as well as on
price.
For its
part, HHS should exempt multi-source generic drugs from
requirements
to
pay
rebates to
Medicaid and
other federally
funded health
programs, as
those
provisions
penalize
new
investments
in
expanding
manufacturing
capacity
when
supply
is
unable
to
meet
demand.15 Additionally,
FDA
and
NIH
should
promote
efficacy trials of new applications for generic drugs, which might include
NIH fund- ing such trials
or
conducting its
own.
Abortion
Pills. Abortion pills
pose the single greatest threat to unborn chil- dren
in a post-Roe
world.
The rate
of
chemical abortion
in the U.S. has
increased by more than
150
percent in
the past
decade;
more than
half of
annual
abortions in the U.S. are chemical rather than surgical.
The
abortion pill regimen is typically a two-part process. The
first pill, mifepris- tone,
causes
the
death
of
the
unborn
child by
cutting off
the
hormone
progesterone, which is required to sustain a pregnancy.
The second pill, misoprostol, causes con-
tractions to
induce a
delivery of
the
dead
child and
uterine contents,
usually into
a
toilet
at
home.
The
abortion-pill
regimen is
currently approved
for
up
to
70
days
Mandate
for
Leadership: The
Conservative
Promise
(10 weeks) into
pregnancy
and before
Biden was
subject to
a heightened safety
restriction called
a
Risk
Evaluation
and
Mitigation
Strategy
(REMS)
that
requires
an in-person visit with a
physician who can check for dangerous contraindications
such as ectopic pregnancies and can advise the mother seeking an abortion
of the risks
of
chemical
abortion,
including
hemorrhaging, and what
to do
in such
cir- cumstances. Chemical abortion
has been
found to
have a
complication
rate four
times higher than that of surgical abortion.
Since
its
approval
more than
20
years
ago, mifepristone
has
been
associated with
26
deaths
of
pregnant
mothers, over
a
thousand
hospitalizations,
and
thousands more
adverse
events, but
that number
does not
account for
all
complications.
Of
course,
this does not count the hundreds of thousands to millions of
babies whose
lives
have
been unjustly
taken through
chemical abortion.
FDA
should
therefore:
•
Reverse
its
approval of
chemical
abortion drugs
because
the politicized
approval
process was
illegal
from the
start.
The FDA failed
to abide
by its
legal
obligations to
protect
the health,
safety,
and welfare of
girls and
women. It
never
studied the
safety of
the drugs
under
the
labeled
conditions
of
use,
ignored
the
potential
impacts
of
the
hormone-blocking regimen
on
the
developing
bodies
of
adolescent
girls, disregarded
the substantial evidence that chemical abortion drugs cause
more
complications than surgical
abortions, and eliminated
necessary
safeguards
for
pregnant
girls and
women who
undergo this
dangerous drug regimen.
Furthermore, at
no
point
in
the
past two
decades has
the
FDA
ever acknowledged
or
addressed federal
laws that
prohibit
the distribution
of abortion drugs by
postal
mail; to
the
contrary, the
FDA has permitted
and actively encouraged such activity.
Now
that the
Supreme
Court has
acknowledged that the
Constitution contains
no
right
to
an
abortion,
the FDA
is
ethically
and
legally
obliged
to
revisit
and
withdraw
its initial
approval,
which
was
premised
on
pregnancy being an
“illness” and abortion being “therapeutically” effective at
treating this
“illness.” The FDA
is
statutorily
charged with
guaranteeing
the
safety
and
efficacy
of
drugs
and
therefore
should withdraw
this drug
that is
proven to
be dangerous to
women and
by definition
fatally unsafe for unborn
children.
As
an
interim
step, the
FDA
should
immediately restore
the
REMS
by
removing
the
in-person
dispensing requirement
to
eliminate
dangerous tele-abortion
and abortion-by-mail
distribution.
Mail-Order
Abortions.
Allowing
mail-order abortions
is
a
gift to
the
abortion industry
that allows
it to
expand far
beyond
brick-and-mortar clinics and
into
2025 Presidential
Transition Project
pro-life
states that
are
trying
to
protect
women, girls,
and
unborn
children from
abortion. The FDA should
therefore:
•
Reinstate earlier safety protocols for Mifeprex that were
mostly eliminated in
2016 and
apply
these protocols
to any
generic
version
of mifepristone.
A bare-minimum policy of limiting
abortion pills to the pre-2016
policy of
49 days
gestation,
returning to
the pre-2021 in-person
dispensing
requirement,
and
returning
to
requiring
prescribers
to
report
all serious
adverse
events,
not
just
deaths,
to
the
drug
sponsor
would
increase
women’s
health
and
safety.
•
Address
weaknesses in the current FAERS (FDA Adverse Events
Reporting
System).
The Administration
and
policymakers
should ensure
that
health
care
workers,
particularly
those
in
hospitals
and
emergency
rooms,
report
abortion
pill complications.
Women
who
experience
complications from
abortion
pills
typically
go to
an
emergency
room,
not
to
the
abortion
pill
prescriber, so
putting
the
onus
of
reporting
on
the
prescriber
who
typically
has
no
idea
that
a
complication has
occurred
means
that
the
FAERS
is
seriously
undercounting
adverse
events.
Submitting
an
adverse
event
to
the
database should
be
a
quick
and
efficient
process for
busy
health
care
practitioners.
Currently,
providers
report that
the
process
is
difficult
and
convoluted.
•
Implement a policy of transparency about inspections of the
abortion
pill’s sponsors, Danco and GenBioPro, as well
as facilities that
manufacture
the pills.
The
FDA should
respond to
congressional
requests and Freedom of
Information Act (FOIA)
requests
about inspections,
compliance, and
post-marketing
safety in
a timely manner.
•
Stop promoting or approving mail-order abortions in
violation of long-standing
federal
laws that
prohibit
the mailing
and
interstate carriage of abortion drugs.16
Vaccine
Importation. Thousands
of
Americans of
faith and
conscience
wish to receive various
childhood vaccinations for themselves and their families but
are not allowed to receive vaccines that are derived through
or tested on aborted fetal cells. For example, the
chickenpox, Hepatitis, and MMR vaccines in the U.S. are all
linked to abortion in this way. There are ethically derived
alternatives abroad that
have
been
used
safely
there
for
decades,
but
the
FDA
makes
it
exceedingly
difficult
for Americans to import them.
In January 2021,
the HHS
Office for
Civil
Rights (OCR)
and the
FDA jointly
announced that HHS
was
required by
the
Religious Freedom
Restoration
Act
Mandate for
Leadership: The Conservative
Promise
(RFRA)17 to
allow
bulk
importation by
doctors of
certain Japanese-made
vaccines
to
accommodate
religious needs of
patients,
but
the
Biden
FDA
unlawfully
revoked
this
waiver.
The
FDA
should
restore
the
waiver
to
comply
with
RFRA
and
for
the
obvious public health
benefits of increased childhood vaccination by families
seek- ing ethically derived alternatives.
To
avoid future
moral coercion
of
the
sort experienced
with the
COVID-19 vac-
cines,
the
FDA
and
NIH
should
require the
development of
drugs and
biologics that
are
free
from moral
taint and
switch to
cell lines
that are
not
derived
from aborted
fetal
cell lines
or aborted
baby body
parts.
Conflicts
of
Interest.
A
2018
report
in
Science found
that more
than two-thirds
of
FDA reviewers later ended up at the same companies whose
products they had
been
reviewing
while
they
were working
for
the
government.18 This
revolving door
is
one
mechanism
by which
pharmaceutical
companies
capture
the
agencies
that
regulate them. The FDA
should impose a lengthy cooling off period for reviewers,
preventing them from
working
for companies
they
regulated.
In
1997, the
FDA
relaxed
regulations to
permit broadcast
drug advertisements,
after which Big Pharma began routine direct-to-consumer
advertising, making the
United
States
and
New
Zealand the
only countries
where such
practices are
legal. Following
the 1997
changes,
pharma became
the
largest
advertiser for all
major media
organizations. This buys considerable influence in the
newsroom—whether media
companies
acknowledge
this
or
not—and
distorts
independent
reporting
on
public
health
issues.
The FDA
or
Congress
should
regulate
where
and
how
paid
advertising is used by
pharmaceutical companies more stringently, especially on
media
outlets.
NATIONAL
INSTITUTES
OF
HEALTH
(NIH)
The National Institutes of
Health (NIH) is the world’s largest biomedical
research
agency
and
is
made
up
of
27
different
components
called
Institutes
and Centers.
Despite
its
popular
image
as
a
benign
science
agency,
NIH
was
respon- sible for
paying
for
research
in
aborted
baby
body
parts,
human
animal
chimera
experiments,
and
gain-of-function viral
research
that
may
have
been
responsible
for COVID-19.
Bioethics
Reform.
Research
using fetal
tissue obtained
from elective
abortions
is
immoral
and
obsolete.
Research using
human embryonic
stem cells
also involves
the
destruction
of
human
life and
should not
be
subsidized
with taxpayer
dollars. Good
science
and
life-affirming,
ethical research
are not
mutually
exclusive. In fact,
ethically
derived
sources
such
as
discarded
surgical
tissue
and
adult
stem
cells
(made pluripotent), not
tissue obtained from elective abortions, have contributed
the most successful treatments
for a variety of ailments.
Congress authorized HHS to
choose not to fund extramural abortion-de-
rived
fetal
tissue
research
that
fails
ethics
advisory
board
review,
and
in
2019,
the
2025 Presidential
Transition Project
Trump
Administration’s
HHS
chose that
course. Subsequently,
however, the
Biden Administration
restored unrestricted funding of abortion-derived fetal
tissue research. HHS should:
•
Promptly restore the ethics advisory committee to oversee
abortion- derived fetal tissue research, and Congress should
prohibit such research
altogether.
•
End intramural
research
projects using
tissue from
aborted
children within the NIH, which should end its human
embryonic stem
cell
registry.
•
Aggressively
implement a
plan to
pursue and
fund
ethical
alternative methods of research in order to ensure that
abortion and embryo- destructive related research, cell
lines, and other testing methods become both fully obsolete
and ethically unthinkable.
In
addition, the
Administration
should
reconvene a
new
National
Council on
Bioethics
(NCB) to
discuss
new and
emerging
areas of
ethical
concern, to
assess whether the ends justify the means when it
comes to the promise of therapies and
cures, and
to
establish what
limiting
principles should guide
research
and health policy.
Because the
male–female
dyad is
essential
to human
nature and
because every child has
a right
to a
mother and
father,
three-parent embryo cre-
ation and human cloning
research should be banned. A new NCB should convene
leading experts to
examine these issues and provide policy recommendations for
the new
frontier of
bioethical
questions that
our country
will have
to address
in the coming years.
Finally,
HHS
should
create and
promote a
research agenda
that supports
pro- life policies
and
explores
the
harms,
both mental
and
physical,
that abortion
has wrought
on women
and girls.
Conflicts of Interest. NIH
maintains inappropriate industry ties that create
serious
conflicts
of interest.
In
2018,
it
was
revealed
that
a
$100
million
NIH
study
on the benefits of
moderate drinking was funded by the beer and liquor
industry.19 More
recently,
the
National
Institute of
Allergy and
Infectious Diseases
(NIAID), Anthony
Fauci’s division of the NIH, owns half of the patent for the
Moderna COVID-19
vaccine,
among
thousands
of
other
pharma
patents.20 Rather
than
pro-
viding
grants to
university-based
investigators
to
run
the
clinical
trials on
their own
Moderna
vaccine, the
NIH
conducted
this research
internally—a clear
conflict of
interest.
The NIAID
will earn
millions
from this
vaccine’s revenue with
several NIH employees (and their heirs) personally
receiving up to $150,000 annually from Moderna vaccine
sales.21
Mandate for
Leadership: The Conservative
Promise
In May 2022,
documents obtained pursuant
to a
FOIA
request revealed
that NIH
Director
Francis
Collins,
NAIAD
Director
Anthony
Fauci,
and
Fauci’s
Deputy
Director, Clifford Lane, all received royalties from
pharmaceutical companies
between 2009 and 2014.22 Nonprofit watchdog Open the Books estimates that from
2010
to 2020,
third
parties paid
more than
$350
million in
royalties
to NIH
and its
scientists,
who
are
credited
as
coinventors.
Most
problematically,
in
the
years
when
they
received
payments,
Collins,
Fauci,
and
Lane
were
NIH
administrators,
not
researchers, with
no
plausible claim
to be
scientific
co-discoverers.
Most of the
world’s other advanced science countries have stricter
prohibitions
on such
conflicts, which helps to explain why the most significant
studies on COVID
treatments,
on
natural
immunity, and
on
vaccine
efficacy have
come mostly
from outside the U.S.
Funding
for
scientific
research should
not be
controlled
by a
small group
of highly
paid
and
unaccountable
insiders
at
the
NIH,
many
of
whom
stay
in
power for
decades.
The NIH
monopoly
on directing
research
should be
broken.
Term limits
should
be
imposed
on
top
career
leaders
at
the
NIH,
and
Congress
should
consider block granting
NIH’s grants budget to states to fund their own scientific
research.
Nothing
in this
system
would
prevent
several
states
from
partnering
to co-fund
large research projects that require greater resources or
impact larger regions.
Likewise,
the
establishment
of
funding
for
scientific
research
at
the
state level
does
not
preclude
more modest
federal
funding
through
the
National
Insti-
tutes of
Health: The
two models are
not
mutually
exclusive.
The CDC and
NIH
Foundations, whose
boards are
populated
with pharma-
ceutical company
executives, need to
be
decommissioned.
Private donations
to these
foundations—a majority of them from pharmaceutical
companies—should not
be
permitted to influence
government decisions about
research
funding or public
health policy.
Woke Policies.
Under
Francis
Collins, NIH
became so
focused on
the #MeToo movement
that
it
refused
to
sponsor
scientific
conferences
unless
there
were
a
cer-
tain
number
of
women
panelists,
which violates
federal
civil
rights
law
against
sex
discrimination.
This
quota
practice
should be
ended,
and
the
NIH
Office
of
Equity,
Diversity,
and
Inclusion,
which
pushes
such
unlawful
actions,
should
be
abolished.
NIH has been at the forefront in pushing junk gender
science. Instead, it should
fund
studies into
the
short-term and long-term
negative
effects of
cross- sex
interventions,
including
“affirmation,”
puberty
blockers,
cross-sex
hormones
and surgeries,
and
the
likelihood
of
desistence
if
young
people
are
given
counseling
that
does not include
medical or social
interventions.
CENTERS
FOR
MEDICARE AND
MEDICAID
SERVICES
(CMS)
With
the
goal
of
being
a
societal
safety net,
Medicare and
Medicaid touch
more American
lives
than does
any
other
federal program.
While they
help many,
they
2025
Presidential Transition
Project
operate as
runaway entitlements that stifle medical innovation,
encourage fraud, and
impede
cost containment,
in
addition to
which
their fiscal
future is
in peril.
Both
programs should be managed so that the individuals enrolled
are empow- ered
to make
decisions
for themselves
and have
quality
options with
affordable prices
driven
by
competition and
innovation.
Providers
who
participate
should
retain (or
have
restored) the
freedom to
practice
medicine and
take care
of their
patients according to their patients’ unique needs.
Medicare.
Medicare should
be
reformed
according to
four goals
and
principles:
•
Increase
Medicare
beneficiaries’
control of
their
health care.
Patients are best positioned to determine the value of
health care services,
working
with their
health
care providers.
They also
benefit
from increased choice of doctors, hospitals, and insurance
plans. Access to reliable
information
with
respect to
physicians,
hospitals, and insurers
is therefore essential.
•
Reduce regulatory burdens on doctors.
Doctors must be free to
focus on treating
patients first,
not
entering codes
on
computers, and should
not be
tempted to change their
medical
judgment based
on
arbitrary or
illogical reimbursement
incentives.
•
Ensure
sustainability and value
for
beneficiaries and
taxpayers.
Prices are
best for
patients
when determined
by
economic value
rather than
political power
and when
they are
known in
advance of
the receipt
of services.
Government’s
use of
non-market-based methods to
determine reimbursement
leads
to
overspending on
low-value
services
and
products and
underpayment for high-value services and products, stifles
beneficial innovation,
and because
of
Medicare’s size
distorts
payments
throughout the
health
care
system.
Intermediate
entities
that
can
manage
financial
risk
and
ensure quality
of
care
are
important
in
transitioning
to
value-based
care within the
Medicare program.
•
Reduce waste, fraud, and abuse,
including through the use of artificial
intelligence
for their
detection.
Regulatory
Reforms. Medicare
regulations restrict choice of coverage and care.
The next Administration
should
reintroduce and
restore
regulations and
demonstrations from the
Trump Administration that were withdrawn, weakened,
or never
finalized by the
Biden
Administration,
including:
•
The
Medicare
Coverage of
Innovative
Technologies (MCIT)
rule;
Mandate for
Leadership: The Conservative
Promise
•
The
Risk
Adjustment Data
Validation
(RADV) rule;
•
The
Medicare
Advantage
Qualifying
Payment
Arrangement
Incentive
(MAQI) demonstration; and
•
The
Global
and
Professional
Direct Contracting
(GPDC,
rebranded
as
the
Accountable Care Organization Realizing Equity, Access,
and Community
Health
or ACO
REACH)
model.
Additionally,
regulations
should
advance
site
neutrality by
eliminating
the inpa-
tient-only
list and
expanding
the
ambulatory
surgical
center
covered
procedures list.
Medicare
generally
pays more
for
inpatient
hospital
procedures
and
less
for the
same
procedures
performed
in
an
outpatient
setting.
Whether
a
medical
ser-
vice
is
delivered
in a
physician’s
office,
a
clinic,
or
a
hospital
setting,
the
Medicare payment
for
that
service
should
be
the
same.
CMS
should
expand
the
application
of site-neutral payment
options to
more settings. Such
a policy
would level
the playing field among
providers and remove
the
financial
disabilities for medical
professionals who
would
compete with
hospital
systems.23
Finally,
HHS
needs
to
restore
and
enhance
conscience protection
regulations that
allow
medical
practitioners to
participate
in federal
health
care programs
without being
compelled
to provide
sex changes
or similar
services.
LEGISLATIVE
PROPOSALS
•
Remove
restrictions on physician-owned
hospitals.
The
Affordable
Care Act
(ACA)24
imposed
restrictions
prohibiting Medicare from
reimbursing
physician-owned
and specialty
hospitals. The current
restrictions do
little
more than
serve the
special
interests of large
hospital systems and undercut
consumer
choice of
high-quality, specialty care.
These
restrictions should
be
removed
so
that
physician-owned
hospitals
can compete
with other
hospitals
in serving
Medicare
patients.25
•
Encourage
more direct
competition between Medicare
Advantage and private plans.
Medicare Advantage (MA), a system of competing private
health
plans, is
the major
alternative
to traditional
Medicare
for America’s
large
and
growing
cohort
of
seniors.
The
program
provides
beneficiaries
with
a
wide
range
of
competitive
health
plan
choices—a
richer set
of benefits
than
traditional
Medicare provides
and at
a
reasonable cost. Equally as
important, the MA
program
has been
registering consistently high
marks for
superior
performance in delivering
high-quality care. Critical
reforms
are
still
needed
to
strengthen
and
improve
the
program
for the
future. Specifically:
2025 Presidential
Transition Project
1.
Make
Medicare
Advantage the
default
enrollment option.
2.
Give
beneficiaries
direct control
of
how they
spend
Medicare dollars.
3.
Remove
burdensome
policies that
micromanage
MA plans.
4.
Replace
the
complex
formula-based
payment
model
with
a
competitive
bidding model.
5.
Reconfigure the
current
risk adjustment
model.
6.
Remove
restrictions
on
key
benefits
and
services,
including
those
related to
prescription
drugs,
hospice
care,
and
medical
savings
account
plans.26
Legacy Medicare
Reform.
Legislation reforming legacy (non-MA) Medicare
should:
•
Base payments
on the
health
status of
the patient
or
intensity of
the
service rather than where the patient happens to receive
that service.
•
Replace the bureaucrat-driven fee-for-service system with
value- based
payments to
empower
patients to
find the care
that best
serves their needs.
•
Codify price
transparency
regulations.
•
Restructure 340B
drug
subsidies27
toward
beneficiaries
rather than hospitals.
•
Repeal harmful
health
policies enacted
under the
Obama and
Biden Administrations
such as
the
Medicare Shared
Savings
Program28
and Inflation Reduction Act.29
Medicare Part
D Reform.
The
Inflation Reduction Act
(IRA)
created a
drug price negotiation program
in
Medicare that
replaced
the existing
private-sector negotiations in Part D with government
price controls for prescription drugs. These government
price controls will limit access to medications and reduce
patient access to new medication.
This
“negotiation” program should
be
repealed, and
reforms in
Part D
that will have
meaningful impact for seniors should be pursued. Other
reforms should include
eliminating the
coverage
gap
in
Part
D,
reducing
the
government
share
in
Mandate for
Leadership: The Conservative
Promise
the
catastrophic tier,
and
requiring
manufacturers
to
bear a
larger share.
Until the
IRA
is
repealed, an
Administration
that
is
required
to
implement
it
must
do
so
in
a
way that is prudent with its authority, minimizing the
harmful effects of the law’s
policies
and
avoiding even
worse
unintended consequences.30
Medicaid.
Over the past 45
years, Medicaid and the health safety net have
evolved
into
a
cumbersome,
complicated,
and
unaffordable
burden
on
nearly
every
state. The program is
failing some of the most vulnerable patients; is a prime
target for
waste,
fraud,
and
abuse;
and
is
consuming
more
of
state
and
federal
budgets.
The dramatic
increase
in Medicaid
expenditures is due
in large
part to
the ACA
(Obamacare), which
mandates
that
states
must
expand
their
Medicaid
eligibility
standards
to
include
all
individuals
at
or
below
138
percent
of
the
federal
poverty
level (FPL),
and the
public
health emergency,
which has
prohibited
states from
performing basic eligibility reviews.
The overlap of
available benefits among
the
various health
agencies
has led to
a complex,
confusing
system that
is nearly
impossible to navigate—even
for recipients.
Recipients are often faced with a “welfare cliff” of benefit
losses as they earn
above a
certain
amount, which
is
contrary to
the fundamental purpose
of empowering
individuals to achieve economic independence. Benefits
increasingly involve nonmedical services such as air
conditioning and housing, many of which are
already
handled by
departments other than
HHS.
Improper
payments within Medicaid are higher than those of any other
federal program.
These
payments are
evidence
of the
inappropriateness of Medicaid’s
expansion, which,
stemming largely from public health emergency maintenance
of
effort
(MOE)
requirements
and
the
Affordable
Care
Act,
has
crowded
out
the primary
targets of
these
programs: those
who are
most in
need.
True
health care
reform cannot
be
accomplished
in
a
bureaucratic silo
or
only
through
Medicaid and
health safety
net
programs.
Reform of
the
tax
code is
also essential
to
genuine, effective
reform of
our
health
care system.
All
components of
the
health
care system
should be
part of
the
reform
efforts, and
it
is
imperative
that the system be modified to assist states with their current programs.
Therefore, the next
Administration should:
•
Reform financing.
Allow states to have a more flexible,
accountable, predictable,
transparent,
and
efficient
financing mechanism to
deliver medical services. This
system
should include
a more balanced or
blended match
rate,
block
grants,
aggregate
caps,
or
per
capita
caps.
Any
financial
system should
be designed
to
encourage and
incentivize
innovation and the efficient
delivery
of health
care
services. Federal
and state
financial participation
in
the
Medicaid
program should
be
rational,
predictable,
and
reasonable. It
should
also
incentivize
states
to
save
money
and
improve
the quality
of health care.
2025 Presidential
Transition Project
•
Direct dollars to beneficiaries more effectively and
responsibly.
The
current
funding
structure
for
the
Medicaid
program
rewards
expansions,
lacks
transparency, and promotes
financing
gimmicks. CMS
should:
1.
End state financing loopholes.
2.
Reform payments to hospitals for
uncompensated care.
3.
Replace
the
enhanced
match
rate
with
a
fairer
and
more
rational match rate.
4.
Restructure basic financing
and put
the
program on
a more
fiscally
predictable budget
(which
should
include
reform
of
Disproportionate
Share Hospital payments to hospitals).31
•
Strengthen program integrity.
Make program
integrity
a top
priority
and the
responsibility of
the states.
To protect
the
taxpayers’
investment:
1.
Incentivize states.
An enhanced contingency fee should be paid to
states that successfully increase
their
efforts to
decrease
waste, fraud, and
abuse. The
current
system’s IT
development
90/10
matching rate
should
be
allowed
for improvements
in
states’
current
fraud
and
abuse
and
eligibility systems.
Innovative
programs
that
show
a
positive
return on
investment for both
the state
and federal
governments should be allowed
without the
onerous
waiver process.
2.
Improve Medicaid
eligibility
standards to
protect
those in
need.
As
Medicaid
enrollment
continues
to
climb,
it
is
imperative
that
there
are appropriate and accurate
eligibility standards to
ensure that
the program remains focused
on serving
those who
are in
need. To
this end, CMS should:
a.
Hold
states accountable
for
improper eligibility
determinations.
b.
Require
more robust
eligibility
determinations.
c.
Strengthen asset
test
determinations within
Medicaid.32
3.
Conduct
oversight
and
reform
of
managed
care.33
•
Incentivize personal responsibility.
CMS should allow states to ensure that
Medicaid
recipients have
a stake
in their
personal
health care
and a
say
in decisions
related
to
the
Medicaid
program.
Personal
responsibility
Mandate for
Leadership: The Conservative
Promise
and
consumer choice
for
Medicaid
recipients must
go
together
as
standard components
of the
safety net,
especially
for able-bodied
recipients.
Medicaid
recipients,
like the
rest of
Americans, should be
given both
the freedom
to
choose
their
health
plans
and
the
responsibility to
contribute
to their
health
care costs
at a
level that
is
appropriate to protect
the
taxpayer.
•
Add
work
requirements and
match
Medicaid benefits
to
beneficiary needs.
Because Medicaid
serves
a broad
and
diverse group
of
individuals, it
should be flexible
enough to
accommodate different designs
for
different groups. For
example,
CMS
should
launch
a
robust
“personal
option”
to
allow
families
to use
Medicaid
dollars
to
secure
coverage
outside
of
the
Medicaid
program. CMS should also:
1.
Clarify
that
states
have
the
ability
to
adopt
work
incentives
for
able-
bodied
individuals (similar to
what is
required
in other
welfare programs) and the
ability to
broaden
the application
of
targeted premiums
and cost sharing
to
higher-income
enrollees.
2.
Add
targeted
time
limits
or
lifetime
caps
on
benefits
to
disincentivize
permanent
dependence.34
•
Allow private
health
insurance.
Congress should allow states the option of
contributing
to a
private
insurance benefit
for all
members of
the family in
a
flexible
account
that
rewards
healthy
behaviors.
This
reform
should
also allow
catastrophic coverage combined
with an
account
similar to
a health
savings account
(HSA)
for
the
direct
purchase
of
health
care
and
payment
of cost
sharing for most of the population.
•
Increase flexible benefit redesign without waivers.
CMS should
add
flexibility
to
eliminate
obsolete
mandatory
and
optional
benefit
requirements
and, for
able-bodied
recipients, eliminate benefit
mandates that exceed those
in the
private
market. This
should
include
flexibility to
redesign
eligibility,
financing,
and
service
delivery
of
long-term
care
to
serve the
most
vulnerable
and truly
needy
and
eliminate
middle-income
to
upper-
income Medicaid recipients.
•
Eliminate current waiver and state plan processes.
CMS should
allow
providers
to
make
payment
reforms
without
cumbersome
waivers
or state
plan
amendment
processes where possible.
More
broadly, the
federal
government’s role
should be
oversight on
broad indicators
like cost
effectiveness
and health
measures
like quality,
health
improvement, and
2025 Presidential
Transition Project
wellness
and
should
give the
balance of
responsibility
for
Medicaid program
management
to states.
This reform
would
include adding
Section
111535
waiver
requirements
in some
cases (such
as imposing
work
requirements for
able-bodied
adults) while
rescinding
requirements in others
(such as
non–health care benefits and services related to climate
change).
AFFORDABLE
CARE ACT
AND PRIVATE
HEALTH
INSURANCE
•
Remove barriers
to direct
primary
care.
Direct primary
care (DPC)
is an
innovative
health care
delivery
model in
which
doctors contract
directly
with
patients
for
their
care
on
a
subscription
basis
regardless
of
how
or
where
the
care
is
provided.
The DPC
model
is
improving
patient
access,
driving higher
quality and
lower cost,
and
strengthening
the
doctor– patient
relationship.
DPC has
faced many
challenges
from government
policymakers,
including overly
exuberant
attempts at
regulation
and misclassification.
Changes
should
clarify
that
DPC’s
fixed
fee
for
care
does not
constitute insurance in
the
context of
health
savings accounts.36
•
Revisit the
No
Surprises Act
on surprise medical
billing.
The No
Surprises Act37
protected
consumers
against balance
bills, but
it also
established
a
deeply
flawed
system
for
resolving
payment
disputes
between
insurers and
providers. This
government-mandated
dispute
resolution process
has
sown
confusion
among
arbiters
and
regulators
as
judges
have sought
to
ascertain its
meaning.
The No
Surprises
Act should
scrap the
dispute resolution
process in
favor of
a
truth-in-advertising
approach
that
will
protect consumers
and free
doctors,
insurers, and arbiters
from confused
and
conflicting
standards
for
resolving
disputes
that
the
disputing
parties can best resolve themselves.38
•
Facilitate
the
development of
shared
savings and
reference
pricing plan options.
Under traditional insurance,
patients who choose lower-
cost
care
do
not
benefit
financially
from
that
choice.
Barriers
to
rewarding
patients
for
cost-saving
decisions
should
be
removed.
CMS
should
ensure
that shared
savings
and
reference
pricing
models
that
reward
consumers
are permitted.
•
Separate
the
subsidized ACA
exchange
market from
the non-
subsidized insurance market.
The Affordable Care Act has made
insurance
more
expensive
and
less
competitive,
and
the
ACA
subsidy
scheme simply
masks
these
impacts.
To
make
health
insurance
coverage
more affordable
for
those
who
are
without
government
subsidies,
CMS should
develop
a
plan
to
separate
the non-subsidized
insurance
market
Mandate for
Leadership: The Conservative
Promise
from
the
subsidized
market, giving
the
non-subsidized
market regulatory
relief
from the
costly ACA
regulatory
mandates.39
•
Strengthen
hospital price
transparency.
In
2020, CMS
completed
its
rule
to
require
hospitals
to
post
the
prices
of
common
hospital
procedures.40 Future
updates of
these rules
should
focus on
including
quality measures.
Combined
with the
shared
savings
models
and
other
consumer
tools,
these
efforts could
deliver
considerable
savings for
consumers.41
Center for
Consumer
Information and
Insurance
Oversight (CCHO).
CMS
also
plays an
outsized role
in
overseeing
the
Obamacare
exchanges, includ-
ing
managing
Healthcare.gov,
through
the
Center
for
Consumer
Information and
Insurance
Oversight
(CCIIO). While
Obamacare
limits plan
options,
CCIIO has
been
overly
prescriptive
in
dictating
what
benefits
and
types
of
health
plans
may
participate in
the
exchanges,
thereby
actually
stifling
market
innovation
and
driv- ing
up costs.
Congress
should build
on
the
Trump
Administration’s
efforts to
expand choices for
small businesses
and
workers,
both in
and
out
of
the
exchanges, by
codifying an
expansion
of
association health plans,
short-term health plans,
and health
reim- bursement
arrangements
(including individual
coverage
HRAs).
CCIIO
should also work
with the
Treasury
Department and
the Office
of
Management and
Budget (OMB)
to give consumers
more
flexibility with
their
health care
dollars
through expanded access to
health
savings accounts.
EMERGENCY
PREPAREDNESS
•
Expand the scope of practice of low-complexity and
moderate-
complexity clinical laboratories.
During the COVID-19
pandemic,
allowing
laboratories
greater
regulatory
flexibility
regarding CLIA
requirements
increased
access
to
testing.
However,
the
need
for
regulatory
flexibility is
not limited
to
emergency
situations. Ongoing innovations
in
medical
care will
continue
to drive
demand for
clinical
testing and new
tests. One
way that
increasing
demand for
other
medical services
has been
accommodated is by
revising
restrictions on
scope of
practice to enable providers
to practice
at the
so-called
top of their license.
CMS should
similarly
revise
CLIA
rules
regarding
scope
of
practice
for
clinical
laboratories and testing personnel.42
•
Create CLIA-certification-equivalent pathways for
non-clinical
laboratories and researchers.
The COVID-19
pandemic
revealed that
the U.S.
needs to
leverage
the expertise
of
non-clinical
laboratories and researchers
in
order
to
bolster
clinical
testing
capacity.
To
accomplish
this,
2025 Presidential
Transition Project
CMS
should create
pathways for
granting non-clinical
laboratories and
their testing
personnel
CLIA certification
equivalency. Non-clinical
researchers already
demonstrate
their
technical
expertise through
online
training and
certification
programs.
CMS
should
build
on
that
existing
framework
so
that those
laboratories and personnel
can
similarly
demonstrate their clinical
testing
capabilities.43
LIFE,
CONSCIENCE,
AND BODILY
INTEGRITY
•
Prohibit abortion travel funding.
Providing funding for abortions
increases
the number
of
abortions
and
violates
the
conscience
and
religious freedom
rights
of
Americans
who object
to
subsidizing
the
taking
of
life.
The Hyde
Amendment44
has long
prohibited
the use
of HHS
funds for
elective abortions, but an
August 2022
Biden
executive order45
pressed the
HHS Secretary
to use his
authority under Section
1115
demonstrations to
waive certain
provisions
of the
law in
order to
use
taxpayer funds
to achieve
the Administration’s
goal of
helping
women to
travel out
of state
to obtain
abortions.
Moreover, the
Department
of Justice
Office of
Legal
Counsel (DOJ OLC) issued
a
politicized legal
opinion
declaring, for
the first
time in
the history
of Hyde,
that this
action did
not violate
the Hyde
Amendment and that Hyde
applies
only to
the
performance of
the
abortion itself
in violation
of the
plainly
broad language
that
Congress used.
Two
of the
first
actions of
a pro-life Administration
should be
for HHS
to
withdraw
the
Medicaid
guidance
(and
any
Section
1115
waivers
issued
thereunder)
and
for
DOJ
OLC
to
withdraw
and
disavow
its
interpretation
of the Hyde Amendment.
•
Prohibit Planned
Parenthood
from receiving
Medicaid
funds.
During
the
2020–2021
reporting
period,
Planned
Parenthood
performed
more
than
383,000 abortions.46
The national
organization reported more than $133
million
in
excess
revenue47 and
more
than
$2.1
billion
in
net
assets.48 During
this
same
year,
Planned
Parenthood
reports
that
its
affiliates
received
more
than $633
million in
government
funding and
more than
$579
million in private
contributions.49
Planned
Parenthood
affiliates face accusations
of waste, abuse and
potential
fraud with
taxpayer
dollars, failure
to report
the
sexual abuse
of
minor
girls, and
allegations of
profiting from
the
sale
of organs from aborted
babies.
Policymakers
should end
taxpayer funding
of
Planned
Parenthood and
all
other
abortion providers
and
redirect
funding to
health centers
that
provide
real health
care for
women. The
bulk of
federal funding
for
Planned
Mandate for
Leadership: The Conservative
Promise
Parenthood
comes through
the
Medicaid
program. HHS
should take
two actions to limit
this funding:
1.
Issue
guidance
reemphasizing
that
states
are
free
to
defund
Planned
Parenthood in their state Medicaid plans.
2.
Propose
rulemaking
to
interpret
the
Medicaid
statute
to
disqualify
providers of
elective
abortion from
the
Medicaid program.
Congress
should pass
the
Protecting
Life and
Taxpayers Act,50 which would
accomplish the
goal of
defunding abortion
providers such
as Planned
Parenthood.
CMS
should resolve
pending Section
1115 waivers
from Idaho,
South Carolina,
and
Tennessee,
which, like
Texas in
January 2022,
are
seeking
both to
prohibit abortion
providers
from participating
in
state-run
Medicaid programs
and
to
work
with
other states
to
do
the
same.
Abortion is
not
health
care, and
states
should
be
free
to
devise
and
implement
programs that
prioritize qualified
providers
that are
not
entangled
with the
abortion industry.
•
Withdraw Medicaid funds for states that require abortion
insurance
or that discriminate in violation of the
Weldon Amendment.
The
Weldon Amendment51
declares that
no HHS
funding may
go to
a state
or
local
government that discriminates
against
pro-life health
entities or
insurers.
In blatant
violation
of
this
law,
seven
states
require
abortion coverage
in
private
health
insurance
plans, and
HHS
continues
to
fund those
states.
HHS under
President Trump disallowed
$200
million in
Medicaid
funding from
California because
of
the
state’s flouting
of
the
law, but the Biden
Administration restored it.
HHS/CMS
should withdraw
appropriated funding,
up
to
and
including
10 percent
of
Medicaid funds,
from
states that
require
abortion
insurance coverage.
DOJ should
commit to
litigating
the defense
of those
funding decisions promptly to
the
Supreme Court
in order
to
maximize HHS’s
ability
to
withdraw
funds
from
entities
that
violate
the
Weldon
Amendment.
Additionally,
California
has announced
that it will discriminate
against pharmacies that do
not carry
chemical
abortion drugs
outside
of
California. California’s
discrimination
takes the
form of
cutting
state contracts
with such
pharmacies
and clearly
violates
the
Weldon
Amendment.
The
violation
should likewise
face the
penalties
discussed above.
2025 Presidential
Transition Project
•
Rewrite the
ACA
abortion separate
payment
regulation.
Section
1303
of
Obamacare requires
that
insurers collect
a separate
payment for
certain abortion coverage in
qualified
health plans
that are
approved to
be sold on
exchanges
and that
they
keep
those
separate
payments
in
separate
accounts
that are
used only
to pay
for
elective abortion
services.
Neither the
letter nor
the spirit
of
the
law
was
enforced
under
President
Obama,
and
a
Trump- era
regulation
sought to
correct
this problem.
The Biden
HHS
rescinded this
regulation to
allow
insurance companies once
again—contrary to
the
law—to
collect combined
payments
for what
are clearly
required to
be separate
payments
for
elective
abortion
coverage.
“Separate”
does
not mean
“together.”
HHS
should reinstate
a
Trump
Administration
regulation
and
enforce
what the
plain text
of Section
1303
requires. That
regulation
should be
further improved by requiring
CMS to
ensure that
consumers
pay truly
separate charges for abortion coverage.
•
Audit Hyde Amendment compliance.
HHS should undertake a full audit
to
determine
compliance
or
noncompliance
with
the
Hyde
amendment
and similar
funding
restrictions in
HHS
programs. This
audit
should include
a full
review of
the Biden
Administration’s post-Dobbs
executive actions to
promote
abortion.
It should
also
encompass
a
review
of
Medicaid
managed
care plans in pro-abortion states.
•
Reverse distorted pro-abortion “interpretations” added to
the Emergency Medical Treatment and Active Labor Act.
The Emergency
Medical
Treatment and
Active
Labor Act
(EMTALA)52
prohibits
hospitals that receive Medicare
funds from
“dumping”
emergency patients
who cannot pay by
sending
them to
other
hospitals. It
also
mandates that
hospitals
stabilize
pregnant
women
and
explicitly
protects
unborn
children.
Hospitals
or
physicians
found to
be
in
violation of
the
statute
could lose
all
of
their federal
health
funding—Medicare,
Medicaid, CHIP,
and
other funds—and
face civil
penalties
of up
to nearly
$120,000.
In
July 2022,
HHS/CMS
released guidance
mandating
that EMTALA-
covered hospitals and
the
physicians who
work there
must
perform abortions,
to
include
completing
chemical
abortions
even
when
the
child might
still
be
alive.
The
guidance
also declared
that
EMTALA
would
protect
physicians and hospitals
that
perform abortions in violation
of state
law
if
they
deem
those
abortions
necessary
to
stabilize
the
women’s
health.
This novel
interpretation
of
EMTALA is
baseless. EMTALA
requires
Mandate for
Leadership: The Conservative
Promise
no
abortions, preempts
no
pro-life
state laws,
and
explicitly
requires stabilization
of the unborn child.
HHS
should
rescind the
guidance
and end
CMS and
state
agency investigations into
cases
of
alleged
refusals
to
perform
abortions.
DOJ should
agree to
eliminate
existing
injunctions
against pro-life
states, withdraw
its enforcement
lawsuits,
and
in
lawsuits
against
CMS
on
the
guidance agree
to
injunctions against CMS
and
withdraw appeals
of injunctions.
•
Reissue
a stronger
transgender national coverage
determination.
CMS
should
repromulgate its
2016
decision that
CMS could
not issue
a National Coverage
Determination
(NCD)
regarding
“gender
reassignment
surgery”
for
Medicare
beneficiaries.
In
doing
so,
CMS
should
acknowledge
the growing
body of
evidence
that such
interventions are dangerous
and acknowledge that there
is
insufficient
scientific evidence to
support
such coverage in state plans.
•
Enforce EMTALA.
The
undeniable reality
of abortion
is that
it does
do not
always result
in a
dead baby,
and these
born-alive
babies are
left to
die.
HHS should
use EMTALA
and Section
504 of the Rehabilitation
Act,53
which
prohibits
disability discrimination,
to
investigate
instances of
infants born
alive and
left
untreated in
covered
hospitals. CMS, OCR,
and OIG
should be required to
follow
through on
these
investigations with specific
enforcement
actions.
HHS
should revive
a
Trump
Administration
proposed
regulation,
“Special Responsibilities of Medicare Hospitals in Emergency Cases and
Discrimination
on the
Basis of
Disability
in Critical
Health and
Human
Service
Programs or
Activities,”54 to
achieve
this end.
In
addition,
Congress
should
pass
the
Born-Alive Abortion
Survivors Protection
Act55 to
require that
proper
medical care
be given to
infants who
survive an
abortion
and
to
establish
criminal consequences
for
practitioners
who
fail
to provide such care.
•
Permanently codify both the Hyde family of amendments and
the protections
provided by the Weldon Amendment.
Congress can
accomplish
this through
legislation
such
as
the
No
Taxpayer
Funding
for
Abortion and
Abortion
Insurance Full Disclosure
Act56
(Hyde) and
the Conscience
Protection
Act57
(Weldon).
2025 Presidential
Transition Project
Radical Redefinition of Sex.
On
August 4,
2022, HHS
published a
proposed rule
entitled
“Nondiscrimination
in
Health
Programs
and
Activities.”58 This
rule
addresses
nondiscrimination provisions of
the
Affordable Care
Act, known
as Section
1557,
which
is
enforced
by
the
Office
for
Civil
Rights
and
the
Centers
for
Medicare
and
Medicaid
Services. Section
1557
prohibits
discrimination
on
the
basis
of race, color, national origin, age, disability, and sex in covered
health programs or
activities.
Under
the
proposed
rule, sex
is
redefined:
“Discrimination
on
the
basis
of
sex
includes,
but
is
not
limited
to,
discrimination
on
the
basis of
sex
stereotypes;
sex characteristics,
including
intersex traits;
pregnancy or
related conditions;
sexual orientation;
and gender
identity.”59
In
other
words, the
department
proposes to
interpret
Section
1557
as
if
it
created
special
privileges
for
new
classes
of
people,
defined in
ways that
are highly
ideological and unscientific.
The redefinition of sex to cover
gender identity and sexual orientation and
pregnancy
to
cover
abortion
should be
reversed
in
all
HHS
and
CMS
programs
as
was
done
under
the
Trump
Administration. This
includes
the
Children’s
Health
Insurance Program (CHIP).
Low-income families who rely on CHIP should not be
coerced,
pressured,
or
otherwise
encouraged
to
embrace
this
ideologically
moti- vated
sexualization of their children.
However,
while the
Biden
Administration’s
Section 1557
regulation should
be altered
and
corrected, the
lactation
room requirements
added in
the regulation should
either
be
consistently
included
in
any
upcoming
Section
1557
rulemaking
or be proposed in
a new
individual rule.
COVID-19
Vaccination and Mask Requirements.
Health care workers were praised
for their
self-sacrifice
in caring
for sick
patients
at the beginning of
the COVID-19
pandemic,
but
then
they
were
fired
if
they
objected
to
receiving
COVID-
19 vaccines
with
or
without
complying
with
onerous
masking
requirements
and
regardless
of whether
they
already
had
the
virus
and had
gained
natural
immunity. With the disease
being
endemic and
constantly
mutating, vaccines
and univer-
sal masking in
health
care facilities
do not
have
appreciable
benefits in
reducing COVID-19 transmission throughout the
community. Moreover, more recent
COVID
strains
pose fewer
health
risks
than
the
earlier
strains,
and
the
pandemic
has been
declared
to be at an
end. CMS
should:
•
Announce
nonenforcement of the Biden Administration’s COVID-19
vaccination
mandate on
Medicaid
and Medicare
hospitals.
•
Revoke
corresponding
guidance and
regulations.
•
Refrain
from
imposing
general
COVID-19
mask
mandates
on
health
care
facilities or personnel.
Mandate for
Leadership: The Conservative
Promise
•
Pay
damages
to
all
medical
professionals
who
were
dismissed
directly
because of the CMS vaccine mandate.
ADMINISTRATION
FOR
CHILDREN
AND
FAMILIES
(ACF)
TANF.
The
Temporary
Assistance for
Needy
Families (TANF)
program is
a federal block
grant
that
gives
states
significant
flexibility
to
fund
a
broad
array
of programs
aimed at
helping
low-income families break
the cycle
of poverty
and achieve economic
self-sufficiency.
States use
TANF to
fund
monthly cash
assis- tance
payments
to low-income
families
with children
as well
as a
wide range
of services that
include work activities, work supports and supportive
services, child-
care,
administration and
systems,
tax
credits,
pre-K/Head
Start,
child
welfare,
and other
services.
The TANF
program serves 1.8 million individuals. Since 1996, when the
program
was
reformed,
federal TANF
outlays have
been $16.5
billion. The
state match
is
$14.9
billion,
bringing the
total state
and
federal
TANF investment
to
$31.4
billion. The
TANF
statute requires
that states
engage 50
percent of
single-parent
fam- ilies
in
work
for
at
least
30
hours
a
week
(20
hours
a
week
for
single
parents
with
children under
age six,
though
states have
the option
to waive
the
requirement for
families with children
under the
age of
six, and
most do).
States
also have
90 percent
work
requirements
for
two-parent
families
to
engage
in
work
for
35
hours
per
week.
Because
of the
“Caseload
Reduction
Credit,”
states’
work
engagement
targets are
reduced
if
their
assistance
caseloads
have
fallen
since
2005.
As
a
result,
21
states
had
a
work
engagement target
of
zero
percent in
2017.
Generally,
states
apply their
work
requirement only to
beneficiaries receiv- ing basic
assistance, who account
for 22.3
percent of
TANF outlays. The
Trump
Administration proposed a Supplemental Nutrition Assistance
Program (SNAP)
rule to
“increase
program integrity
and
reduce
fraud,
waste, and
abuse”
that
would
have
prevented
an individual
from
qualifying
for
SNAP
simply
because
he
or
she
received
a pamphlet
from
the
TANF
program.60 This
rule
defined
non-cash benefits
as
those that
are worth
at least
$50 a
month and
received
for at
least six
months. The
tenets
of
this
rule
should
be
applied
to
the
TANF
program
as
well.
This
defi-
nitional change would
apply the TANF work requirements to any noncash benefit
worth $50
a month
and
received for
six
consecutive months.
To increase
transparency, HHS should clarify how states, in their
quarterly and
annual
reports,
ought
to
track and
audit the
outcomes from
how
they
spend TANF
funds
to meet
the TANF
program’s
four statutory
purposes.
Additionally,
TANF
priorities are
not
implemented in an
equally
weighted way.
Marriage,
healthy
family
formation,
and
delaying
sex
to
prevent
pregnancy
are virtually
ignored in
terms of
priorities,
yet these
goals can
reverse
the cycle of
poverty in meaningful ways. CMS should require explicit
measurement of these
goals.
2025 Presidential
Transition Project
Teen
Pregnancy
Prevention (TPP)
and
Personal
Responsibility Educa- tion
Program
(PREP).
TPP
is operated
by the Office of
Population Affairs in
the Office of the
Assistant Secretary for
Health;
PREP is
operated
by the ACF Office of
Planning,
Research, and
Evaluation. Both programs
should
ensure that
there is
better reporting
of
subgrantees and
referral
lists so
that they
do not
promote abortion
or high-risk sexual behavior among adolescents. CMS should
ensure that Sexual Risk Avoidance (SRA) proponents receive
these grants and are given every opportunity
to
prove
their
effectiveness.
SRA
programs,
both
at
ACF
and
at
OASH
and
both
discretionary and
mandatory,
should
be
equal
in
funding
and
emphasis.
Qualitative
research should
be
conducted on
both types
of
programs to
ensure continuous
improvement.
In
addition, certain
provisions should
be
employed
so
that
these programs
do not
serve as
advocacy
tools to
promote
sex, promote
prostitution, or provide
a funnel
effect for
abortion
facilities and
school
field trips
to clinics,
or for similar purposes. Parent
involvement and parent–child communication should be encour-
aged
and
be
a
part
of
any
funded
project.
Risk
avoidance
should
be
prioritized,
and
any
program
that submits
a
proposal
that
promotes
risk
rather
than
health
should not
be eligible for funding.
Site
visits should
be
revamped
to
ensure
adherence to
these optimal
health met- rics,
and
a
cost analysis
of
programming
as
compared
to
students
served should
be
a
metric in
funding (taking
into account
that in
certain cases,
intensive programs
will
serve
fewer students
and
can
have more
positive results).
These same
param-
eters
should
apply
to
sex
education programs
at
ACF.
Any
lists
with “approved
curriculum”
or
so-called evidence-based lists
should be
abolished;
HHS should not
create a monopoly
of
curriculum, adding
to the
profit of
certain
publishers. Furthermore,
lists
created in
the past
have given
priority to
sex-promotion text- books. HHS
should
create a
list of
criteria
for evaluating
the sort
of
curriculum that
should be
selected
for
any
sex
education
grant
programs,
both
at
OASH
and at
ACF,
with
the
aim
of
promoting
optimal
health
and
adhering
to
the
legislative
language of each program.
Adoption
Reform.
There
are
roughly 400,000
children across
the
nation
on
the
waiting
list for
foster care
and
100,000
awaiting adoptive
families, and
the
opioid/ fentanyl
crisis is
putting more
at
risk
every day.
Unfortunately,
many
of
the
faith- based adoption agencies that serve these children
are under threat from lawsuits,
or
else
their
licenses and
contracts have
been halted
because they
cannot in
good conscience
place
children in
every
household due
to their religious
belief that
a child
should have
a married
mother and
father.
HHS,
through ACF and the Assistant Secretary for Financial
Resources (ASFR),
should
repeal
the
unnecessary
2016 regulation61 that
imposes
nonstatutory sexual
orientation
and gender identity nondiscrimination conditions on agency
grants
and
return
to
the
policy of
maximizing the
options for
placing vulnerable
children
Mandate for
Leadership: The Conservative
Promise
in their
forever homes. ACF and OCR should also survey their programs
to consider
whether
additional waivers
of
HHS
grant
conditions—waivers
the
Biden
Admin- istration
revoked in
2021—are
needed for
faith-based agencies.
Additionally,
Congress
should pass
the
Child
Welfare Provider
Inclusion Act62 to ensure
that providers
and
organizations
cannot be
subjected to
discrimination
for
providing
adoption and
foster care
services based
on
their
beliefs about
marriage.
Office of
Refugee Resettlement (ORR).
The Office of Refugee
Resettlement should
be moved
to the
Department
of Homeland
Security.
Having health
and welfare functions managed
by HHS
and border
security
functions managed
by DHS
has
created
intolerable
failures
in
both.
HHS
and
ORR
have
forgotten
their
original
refugee-resettlement
mission
and
instead
have
provided
a
panoply
of
free
programs
that incentivize
people
to
come
to
the
U.S.
illegally.
Even
more
troubling,
ORR has too
often placed children into dangerous situations when
releasing them into the
country.
Nearly
all
of
HHS’s care,
custody, and
placement of
children is
done through
cooperative
agreements
with private
agencies, many
of
which
may
have
broken federal law by
inducing or being accomplices in illegal immigration. Those
arrangements could
be handled
far more
effectively by DHS.
Congress
should reform the
Trafficking Victims Protection
Reauthorization Act63
to
transfer
all ORR duties
for
unaccompanied
alien children
to DHS
and
eliminate the
Flores
settlement agreement.64
Regardless of
where ORR’s functions reside, ORR staff and care providers
should never
be allowed
to
facilitate
abortions for unaccompanied
children
in its cus- tody, including
by
transporting
minors across
state lines
from
pro-life states
to
abortion-friendly
states.
Pregnant,
unaccompanied
girls
in
ORR
custody
should be
treated
with dignity,
not
trafficked across
state lines
to be
victimized
by the
abortion industry. ORR
should withdraw its policy of allowing elective abortions
for
children
in
ORR
care
and
issue
a
new
policy
of
instructing
care
providers
not to
allow
girls to
be
transported for
elective
abortions. HHS OGC
and the
White House should insist
that DOJ
fight to
defend that
policy up
to the
U.S.
Supreme Court in light of
Dobbs.
Office of Child Support Enforcement (OCSE)
Congress established Aid to
Families with
Dependent
Children in
1935 to
assist
single-parent families who were
suffering
financially from
the loss
of a
bread-winning husband and
father. Within
two
decades,
however,
the
majority
of
families
receiving
aid
were
depen-
dent because
of
paternal
abandonment
rather
than
death.
Today,
nearly
a
third
of America’s
children
live without
a
father
present
in
the
home,
and
a
fourth
of
them are
enrolled to receive child support.
The
glaring issue
in
child
support enforcement
today is
a
non-resident
father’s ability
to
provide full
or
consistent
child support
payments. The
literature reflects
this
divide
as
fathers
have
been
categorized
as
“deadbeat”
dads,
then
as
“deadbroke”
2025
Presidential Transition
Project
dads,
and
now
as
“disconnected”
dads who
do
not
commit to
the
mother
and
child.
Child
support
in
the
United States
should strengthen
marriage as
the
norm,
restore broken
homes, and
encourage
unmarried couples
to commit
to
marriage.
Child
Support
Tax
Credit.
National
or
state
guidelines and
tax
law
should be
updated
to
ensure
that nonresident
parents with
child support
orders can
receive
a
nondependent,
child support
tax
credit.
Single filers
of
up
to
$41,756
and
married
or
joint
filers of
up
to
$47,646 would
be
eligible
for
a
child support
tax
credit
similar
to
the
current
earned income
tax
credit.
Filers could
receive a
maximum of
$538
in
annual
returns
for
one
child and
a
maximum
of
$3,584
in
annual
returns for
two
or
more
children
(based on
a
credit
rate of
34
percent).
A
child
support tax
credit
would
use
the
low-income, nonresident
parents’ own
earned income
and
history of
employment
to assist
them
further in
the task
of caring
for their
children.
The
key
to
this policy
is
that
it
empowers
fathers with
their own
resources and
money
rather than
creating
another government
assistance
program (or
a fully refundable
credit)
devoid
of
the
father’s
own
monetary
efforts.
This
way,
the
non-
resident father’s
role as
financial provider and
relational figure is
affirmed, and much-needed
financial
resources are given
to the
children.
Visitation.
Visitation
is key
to
revitalizing child support
and
increasing pay-
ment frequency. The most
effective way to lower a nonresident parent’s monthly child
support
order
is
to
spend
more
court-accounted-for
time
with
the
child.
For example,
Texas
combined
its child
support
court
with
its
visitation
court
to
ensure
that resident
and
nonresident
parents
received
state-mandated
financial
support
orders and enforceable visitation orders.
Child Support
Payment and
Interactive
Smartphone Application.
Each
state should be induced
to implement a high-tech, easy-to-use application to cen-
tralize
child
support
payments.
As
with
Venmo
or
Cash
App,
nonresident
parents would
link
their
bank
accounts
and provide
one-click
monthly
payments
(or
con-
tribute
incrementally throughout the
month
while tracking
how much
is due).
Additionally, the
nonresident parents could
track
“informal” gifts
from money,
groceries,
clothes, sports
gear, and
more
through the
app.
This would address
one of
the main
issues
within current
child
support pay- ment
systems:
nonresident
parents claim
that they
are
spending much
of their own
money
to
provide
for children
outside
of
their
monthly payments
and
resident
parents’
claim
that
they
spend
little
and
neglect
their
official
child
support
orders. Currently,
only
the
latter
claim
can
be
tracked
reliably.
This process
would
enable nonresident
parents
to track
the
amount
of
informal
support
they
provide
and
the reason
for it
while
ensuring that
the
resident parent
acknowledges
and accepts
the contribution.
Healthy Marriage and Relationship Education
(HMRE) Program.
The
HMRE
program
is
part
of
the
ACF
Office
of
Family
Assistance.
The
following pol-
icies should
be
implemented.
Mandate for
Leadership: The Conservative
Promise
•
Utilize HMRE funding or grants to provide state-level high
school education
resources and curriculum on healthy marriages, sexual
risk avoidance, and healthy relationships.
Early interventions
and
prevention
are
much more
cost-effective
than are
efforts
to reach
people already
in
broken
relationships.
•
Allow child welfare funding to be used for marriage and
relationship
education.
Congress
should
adopt the
following
recommendation
from a report
issued by
members of
Congress’s
Joint Economic
Committee:
Children are
far more
likely to
experience abuse when
they are
raised outside
of
their
married-parent
family.
Title
II
of
the
Child
Abuse
Preven-
tion and
Treatment
Act provides
grants to
communities for the
purpose of preventing child
abuse and
neglect,
and one of the
stated
purposes
for
which the
grants
can
be
used
is
for
efforts
to
increase
family
stability.
However, Congress
could
change the
law to
make it
clear that
Title II
funding
can
be
used
for
healthy
marriage
and
relationship
education.
Funding provided
under Title
IV-B of
the Social
Security
Act—which provides
grants
to
states
for
foster
care
and
adoption
services—can
also be
used for
promoting healthy marriage.
States
should consider
using some of their
Title IV-B
funding for
providing
healthy marriage
and relationship education
for
families
at
risk
of
having
their
children
placed in
foster care.65
•
Provide educational information on healthy marriage and relationships at Title X family planning clinics.
HHS
should
require
clinics it
funds under
Title X
(family
planning) to
provide
information to
customers about
the
importance of
marriage
to family
and
personal well-being
and refer
them to
available federal, state,
and
nonprofit marriage
resources.
•
Ensure
proper
assessments with
enough
time to
assess
HMRE
programs.
Although some widely
available
assessments of
HMRE programs
report
poor
outcomes,
many
of
these
assessments
either
utilized
a
poor
methodology or
tried
to
measure
program
success
prematurely.
Recent
assessments
have
shown
increasing
effectiveness
and
positive
community-
level marital outcomes.66
The
HMRE
program should
receive a
fair and
realistic
assessment. Additionally,
the
positive
role of
faith-based
programs
should
be
protected
2025 Presidential
Transition Project
and
prioritized
so that
these
programs do
not
receive undue
scrutiny
or pressure
to conform
to
nonreligious
definitions
of
marriage
and
family
as put
forward by
the recently enacted
Respect for
Marriage
Act.67
•
Protect
faith-based grant recipients
from
religious liberty
violations and
maintain a
biblically
based, social
science–reinforced definition of
marriage
and family.
Social
science
reports that
assess the
objective
outcomes for
children
raised in
homes
aside from
a heterosexual, intact
marriage are
clear:
All
other
family
forms
involve
higher
levels
of
instability
(the average
length of
same-sex
marriages is
half that
of
heterosexual marriages); financial
stress
or
poverty;
and
poor
behavioral,
psychological,
or
educational
outcomes.
For
the sake
of child
well-being,
programs should
affirm that
children require and
deserve
both
the
love
and
nurturing
of
a
mother
and
the
play and
protection of a
father.
Despite recent
congressional bills like
the Respect
for
Marriage
Act
that
redefine
marriage
to
be
the
union
between
any two
individuals,
HMRE
program
grants
should
be
available
to
faith-
based
recipients
who
affirm
that marriage
is
between
not
just
any
two
adults, but
one man
and one
unrelated woman.
Healthy
Marriage and Responsible Fatherhood (HMRF) Program.
This
program is
located
within
the
ACF
Office
of
Family
Assistance.
Its
goal,
like
that
of
the
HMRE
program,
is to
provide
marriage
and
parenting
guidance
for
low-in-
come fathers.
This
includes
fatherhood and marriage
training, curriculum, and
subsequent
research.
•
Implement a
pro-fatherhood
messaging
campaign.
With nearly
41 percent
of children
born
without a
married
father in
the home
(and nearly
69 percent among black
Americans), the fatherhood
problem is
clear. Similar
to Florida
Governor
Ron DeSantis’s
2022
fatherhood bill,
HMRF funds
should
be
used
to
support
national
messaging
campaigns
that
affirm the
role
fathers
play
in
the
lives
of
their
children,
that recognize
the
financial
hardships
the
fathers
themselves
face,
and
that
seek
to
provide
relationship
education
to fathers
who were
raised
without a
father in
the home.
•
Fund effective HMRF state programs.
Grant allocations
should protect and
prioritize
faith-based programs that
incorporate local churches
and mentorship programs or
increase
social capital
through
multilayered community
support
(including, for example,
job
training and
social events). Programs
should
affirm
and
teach
fathers
based
on
a
biological
and
Mandate for
Leadership: The Conservative
Promise
sociological
understanding
of
what it
means to
be
a
father—not a
gender-
neutral parent—from social science, psychology, personal testimonies,
etc.
ADMINISTRATION ON CHILDREN,
YOUTH, AND
FAMILIES
(ACYF)
•
Allocate
funding to
strategy
programs promoting
father
involvement or terminate parental rights quickly.
ACYF is currently considering
different
programs
to
encourage
parents,
especially
fathers,
to
engage
with their
children in
foster
care. While
these
program ideas
and
initiatives are still in
the early
planning
stages, promoting
responsible parenthood to
reintegrate
children or
at least
keep a
consistent
male figure
in the
minor’s life is crucial.
At the
same time,
in cases
where the
father or
mother
does not
make
a
sincere
or
serious
effort
to
be
involved
in
the
child’s
upbringing,
termination of
parental
rights for
children
in foster
care
should be
swift.
OFFICE
OF HEAD
START
(OHS)
•
Eliminate the Head Start program.
Head Start, originally established
and
funded
to
support
low-income
families,
is
fraught
with
scandal
and
abuse.
With
a
budget
of
more
than
$11
billion,
the program
should
function to
protect
and educate
minors.
Sadly, it
has done
exactly
the opposite.
In fact,
“approximately
1
in
4
grant
recipients
had
incidents
in
which
children
were abused,
left
unsupervised, or
released to
an
unauthorized person between October
2015 and
May 2020.”68
Research
has
demonstrated that federal
Head
Start
centers,
which
provide
preschool
care
to
children
from
low-income
families, have
little or
no
long-term
academic value
for
children. Given
its
unaddressed
crisis of
rampant abuse
and
lack
of
positive
outcomes, this
program
should be
eliminated along with
the entire
OHS. At
the very
least, the program’s COVID-19
vaccine and
mask
requirements should
be
rescinded.
ADMINISTRATION FOR COMMUNITY
LIVING
(ACL)
•
Support palliative care.
Physician-assisted suicide (PAS) is legal
in 10 states and
the
District
of
Columbia.
Legalizing
PAS
is
a
grave
mistake
that
endangers the
weak and
vulnerable,
corrupts
the practice
of
medicine and the doctor–patient
relationship,
compromises the family
and
intergenerational
commitments,
and
betrays
human
dignity
and
equality before
the
law.
Instead
of
embracing
PAS, policymakers
should
focus
on the
benefits
of
palliative
care,
which
works
to
improve
a
patient’s
quality of
life by alleviating
pain and
other
distressing
symptoms of
a serious illness. HHS
ACL should
survey
their programs
to ensure
that they
are
supporting
vulnerable persons
of
age
or
disability
and
are
not
facilitating
or encouraging
participation in PAS.
2025 Presidential
Transition Project
•
Readdress the
National
Strategy to
Support
Family
Caregivers.
While in
theory the
strategy
aims to
support
family members
with duties
to care
for
older family
members,
the
plan
is
overly
focused
on
racial
and
“LGBTQ+
equity.” The
strategy
should be
examined to
establish
an efficient
plan to
support
caregivers and
their
families. There should
also be
a review
of its
COVID-19 policies.
HEALTH
RESOURCES
AND SERVICES
ADMINISTRATION (HRSA)
•
Congress should
allow CMS
to use
the 340B
data that
HRSA
collects
rather
than having
CMS conduct
its own
survey, especially in
view
of
the U.S.
Supreme
Court’s
American
Hospital Association v. Becerra
decision.69 The
legislation
should also
create penalties
for
those
who
do
not respond
to HRSA’s
data
collection.
•
Legally define the locus of service as where the provider is
located during
the
telehealth visit rather
than where
the patient
is.
With such
a definition, states could
continue
to reserve
their
powers to
establish the standards for
licensure
and scope
of
practice. The
providers
could ensure
continuity and consistency of
care no
matter
where their
patients
might move while maintaining
the
licenses that
make the
most sense
for them.
Americans
are far
more mobile
and
technologically advanced today
than they
were
when
most
health
care
laws
were
written.
Telehealth
has
become
increasingly
important,
particularly during the
height of
the COVID-19 pandemic. It
also has
great
potential in
rural and
other areas
where there
are
shortages
of
health
care
providers.
HRSA’s
Office
for
the
Advancement of
Telehealth
includes
a program
known
as
the
Licensure
Portability
Grant Program,
which
bolsters
state efforts
to
reform
licensing
laws
to
maximize
telehealth
flexibility. HRSA
does
not
have
the
authority
through
this
office to
dictate
licensure laws;
that power
has
typically been
reserved to
the states. However,
telehealth
across
state
lines,
when
permitted,
is
interstate
commerce,
which
can
be
regulated
by the
federal
government
according
to the
Constitution.
•
Restore
Trump
religious and
moral
exemptions to
the
contraceptive mandate (also a CMS rule).
HHS should rescind, if finalized, the regulation titled
“Coverage of Certain Preventive Services Under the
Affordable
Care
Act,”
proposed
jointly
by
HHS,
Treasury,
and
Labor.70 This
rule proposes to amend Trump-era final rules regarding
religious and moral
exemptions and accommodations
for
coverage of
certain
preventive services under the ACA. Preventive services
include contraception, and
Mandate
for
Leadership: The
Conservative
Promise
it appears the proposed rule
would change the existing regulations for religious
and moral
exemptions
to the
ACA’s
contraception
mandate. There is no
need for
further
rulemaking that
curtails
existing
exemptions and
accommodations.
•
Require HRSA
to use
rulemaking
to update
the women’s
preventive services mandate.
The contraceptive mandate issued under Obamacare has been the
source of
years of
egregious
attacks on
many
Americans’ religious
and
moral
beliefs.
The mandate
was
issued
as
part
of
the
women’s preventive
services guidelines, which were issued without any
rulemaking that
involved
public
notice
and
an
opportunity
to
comment.
Instead,
HRSA
issued
and
changed
the
mandate
by
simply
posting
changes
to
its
website.
HRSA also started
off not
requiring
coverage of
fertility
awareness–based methods
of family
planning,
then requiring
them, and
then
removing the
requirement without notifying
the public.
A federal
judge
recently ruled
that this failure
to undergo
notice and
comment in
issuing the
mandate
is
unlawful.
HRSA should
be
required
to
repromulgate
any
women’s preventive
services mandates
through the
notice and
comment process
that is
compliant
with the
Administrative Procedures Act.
Moreover,
since the
Obama
Administration HRSA entered
into long-
term
contracts
with
the
pro-abortion
American
College
of
Obstetricians and
Gynecologists
(ACOG)
and
related
entities
to serve
as
an
exclusive
adviser with
respect to
the content of
this
mandate, HRSA
has used
this
arrangement
to
ignore
comments that
members of
the
public
were sometimes
able to
submit in
the process, and
ACOG has
abused its
position
to
attack
HHS’s
allowance
of
religious
and
moral
exemptions to
the
contraceptive mandate.
HHS
should
rescind
these
contracts
and
establish
an
advisory
committee that
is
compliant
with the
Federal Advisory
Committee
Act
and
has
members
that are
committed to
women’s preventive
services and are not
pro-abortion ideologues.
•
Expand inclusion
of
fertility
awareness–based methods and
supplies to family planning in the women’s preventive
services mandate.
The
ACA
requires coverage
of
and
prevents
insurance
plans
from
imposing
any
cost-sharing requirements
on
women
who
obtain
preventive care
and screenings
as defined
by HRSA.
In 2016,
HHS
included
“instruction in fertility awareness-based
methods” as part of this requirement. However, in December 2021,
HHS removed
that
language from
its list
without using
the notice-and-comment
process or
giving any
rationale,
both of
which are
mandated
by
the
Administrative
Procedures
Act.
In
August
2025
Presidential Transition
Project
2022, a federal court blocked
this attempt to eliminate health insurance coverage
for
fertility
awareness–based
methods of
family
planning from
requirements
that
cover
at
least
58
million
women,
and
the
judge
made
his
ruling permanent in
December 2022. HRSA should promulgate regulations
consistent with this order.
HHS
should more
thoroughly
ensure that
fertility
awareness–based methods
of
family
planning
are
part
of
women’s
preventive
services
under
the
ACA.
FABMs
often
involve
costs
for
materials
and supplies,
and
HHS should
make clear
that
coverage of
those items
is also
required.
FABMs are
highly
effective
and
allow
women
to
make
family
planning
choices
in
a manner
that meets their needs and reflects their values.
•
Eliminate
men’s
preventive
services from
the
women’s preventive
services mandate.
In December 2021, HRSA updated its women’s preventive
services
guidelines to
include
male condoms
after
claiming for years
that it
had no
authority to do
so because
Congress
explicitly
limited the
mandate
to
“women’s”
preventive
care
and
screenings.
HRSA
should
not
incorporate
exclusively male contraceptive
methods
into guidelines
that specify they encompass
only
women’s services.
•
Eliminate the
week-after-pill from the contraceptive mandate as a
potential abortifacient.
One of the emergency contraceptives covered
under
the
HRSA
preventive
services
guidelines
is
Ella
(ulipristal
acetate). Like
its
close
cousin,
the
abortion
pill mifepristone,
Ella
is
a
progesterone
blocker and
can
prevent
a
recently
fertilized
embryo
from
implanting
in
a woman’s uterus.
HRSA should eliminate this potential abortifacient from
the contraceptive mandate.
•
Withdraw Ryan
White
guidance allowing
funds to
pay for
cross-sex
transition support.
HRSA should withdraw all guidance encouraging
Ryan
White
HIV/AIDS
Program
service
providers
to
provide
controversial
“gender
transition” procedures
or
“gender-affirming
care,”
which
cause
irreversible
physical and
mental
harm to
those who
receive
them.
•
Ensure that
training
for medical
professionals (doctors, nurses,
etc.) and
doulas is
not being
used for
abortion
training.
HHS should ensure that
training
programs
for
medical
professionals—including
doctors,
nurses, and
doulas—are
in full
compliance with restrictions
on abortion
funding and conscience-protection
laws. In
addition,
HHS should:
Mandate for
Leadership: The Conservative
Promise
1.
Investigate state
medical
school
compliance
with
the
Coats–Snowe
Amendment,71
which
prohibits
discrimination
against health
care entities
that do not
provide or
undergo
training for
abortion.
2.
Ensure
that
the
Accreditation Council
for
Graduate
Medical
Education
(ACGME) complies
with all
relevant
conscience
statutes and
regulations
and
that
states have
taken the
affirmative steps
(for example,
by
issuing
regulations) to assure
compliance with Coats–Snowe.
3.
Communicate
to
medical
schools
that
any
abortion-related
training
must be on an opt-in rather than opt-out basis.
4.
Require
states that
receive HHS
funds to
issue
regulations or enter
into arrangements
with
accrediting
bodies
to
comply
with
the
Coats–Snowe
Amendment’s
prohibition
of
mandatory
abortion
training
by
individuals
or institutions.
The
Coats–Snowe
Amendment
specifically
requires such state regulations or arrangements.
•
Prioritize
funding for
home-based
childcare, not universal
day care.
As
HRSA’s
Early
Childhood
Health
page
outlines,
“Currently,
only about
half of
U.S.
preschoolers are on-track
with their
development and ready for
school.
And more
than one
in four
of
children (28%)
who
experience
abuse
or
neglect are
under 3
years old.”72 Concurrently,
children
who
spend
significant
time in
day
care
experience higher
rates of
anxiety, depression,
and
neglect as
well as
poor
educational and developmental
outcomes.
Instead
of
providing
universal day
care, funding
should go
to
parents either
to
offset
the
cost
of
staying
home with
a
child
or
to
pay
for
familial, in-home
childcare.
•
Provide education and resources
on early
childhood health.
By partnering with new
organizations like the
Center on
Child and
Family Poverty,
HRSA
should
provide
resources
and
information
on
the
importance
of the mother–child
relationship in
child
well-being. This should
include relationship
education curricula that
equip
mothers and
caregivers to connect
with
and
improve
their
understanding
of
their
infants,
toddlers,
and young
children.
Maternal and
Child
Health.
Currently,
the HRSA
Maternal
and Child
Health program
is
collecting
data
on
the
benefits
of
doulas
in
improving
the
health,
safety,
and emotional
well-being
of
mothers
at
birth.
Doulas
provide
a
patient-focused,
nonmedical support system for single or married
mothers that “decreases the
2025 Presidential
Transition Project
overall
cesarean
rate by 50%, the
length of
labor by
25%, the
use of
oxytocin by
40%, and
requests
for an epidural by
60%. Doulas
often use
the power
of touch
and massage to reduce
stress and
anxiety
during labor.”73
Given concerns about maternal
mortality or postpartum depression that is worsened by poor
birth experiences, doulas should be an active option for all
women whether they are giving birth in a traditional hospital, through
midwifery, or
at
home.
Additionally, since
most
Doulas’
services
are
not
covered
by
traditional
insurance
programs,
the
Maternal
and
Child
Health
program
should
work
to
pro- vide
funding for
low-income
mothers.
INDIAN
HEALTH
SERVICE
(IHS)
The
Indian
Health
Service
serves
our American
Indian
and
Alaska
Native popu-
lations. Reforms are
needed to improve America’s ability to deliver on its
promises to
these
important
populations
and
must
take
account
of
cultural
preferences
and
lifestyles, limitations
due
to
geography
(such
as
challenging
terrain),
and
limited
Internet access.
For
example,
contacting individuals within
some of
these com-
munities and tribes
during the COVID-19 pandemic proved to be difficult because
many had transient
addresses
and unreliable
cell
service.
During
the
transition to
the Biden
Administration,
IHS
abandoned tribes as
their
sources
of
COVID-19
tests and
vaccine
supplies
disappeared.
It
is
important
to guard
against
such
situations
in
order
to
preserve
these
tribes’
access
to
health
resources during
public
health
emergencies
(PHEs). Even
before the
pandemic, services available
to
these
populations
through
federal
resources
and
personnel
(such as vision care) were often scarce or nonexistent.
Patients
in
these
populations should
be
empowered
to
rely
on
alternatives
to IHS
through
better access
to private
health
care providers.
Exploring positive reforms
contained in
the VA
MISSION
Act74
could
reveal
similar
opportunities for
increased options
and access
for
American Indians
and Alaska
Natives.
RURAL
HEALTH
A
growing concern
is
the
decreasing access
to
health
care services
for
Americans living
in
rural,
less
populated
areas. Many
find
themselves
in
regions
that
were not
previously as rural as
industries move away, taking with them economic prosperity
and
often
medical
providers.
Others
are
in
essential
professions
such
as
farming that
by
nature
necessitate living
in
regions
with
fewer
city
accommodations
and economic
opportunities. Seeking
space
for
one’s
family
and
cultivating
the
land are
valued
goals that
are deeply
rooted in
America’s
fabric.
Both
Congress
and an Administration must
continually keep in
mind how
health care policies uniquely affect these regions because
their market trends and
populations are
different
from
those
of
more
populous
regions.
Often,
rural
patients face
an hour’s
drive to
the nearest
medical
provider or
facility or
have
Mandate for
Leadership: The Conservative
Promise
limited
or no
Internet
access, which
restricts
their access
to
telehealth services (especially video visits).
To
improve its
health care
policies that
affect rural
regions, HHS
should:
•
Reduce the regulatory burden
and unleash private innovation that can
discover
solutions to
unique,
local needs.
•
Implement or encourage policies
that increase the supply of health care
providers, such
as
increased
telehealth access and
interstate licensure
(a
historically state matter), including for volunteers wishing
to provide temporary,
charitable services across state lines.
•
Encourage flexibility
in modes of health care delivery, including less
expensive alternatives
to
hospitals
and
telehealth
independent
of
expensive
air ambulances.
OFFICE
OF THE
SECRETARY
The Secretary of
Health and
Human
Services and
the Office
of the Secretary necessarily set the tone for the entire department.
The Secretary is the most accountable
individual
within HHS
and, along
with his
or her
immediate staff, should
therefore be
responsible
for setting
the
policies that
govern the
depart- ment’s operations instead of allowing the
operational divisions to assume the leading
role in policymaking,
thereby
diffusing
responsibility.
Practical reforms to enhance the
Secretary’s accountability should include the
following:
•
Restrict HHS’s ability to declare indefinite public health
emergencies
(PHEs).
Currently, HHS
is merely
required to
notify
Congress of
such a declaration within
48 hours.
Congress
should establish
a set
time frame
for
any
PHE,
placing on
the
Secretary
the
burden
of
proof
as
to
why
an
extension of the PHE is
necessary.
•
Reinstate the HHS SUNSET (Securing Updated and Necessary
Statutory Evaluations Timely) rule.75
Congress should codify the now- reversed
Trump
Administration
rule that
required
all HHS agencies to review
regulations retrospectively and
publish
results; without
such a
review,
regulations
expire.
•
Investigate,
expose, and
remediate
any instances
in which
HHS violated people’s rights by:
2025
Presidential Transition
Project
1.
Colluding with
Big
Tech to
censor
dissenting opinions
during
COVID.
2.
Colluding
with
abortion
advocates
and
LGBT
advocates
to
violate
conscience-protection
laws and
the Hyde
Amendment.
The
Life
Agenda.
The
Office
of
the
Secretary should
eliminate the
HHS
Repro- ductive
Healthcare
Access Task
Force and
install a
pro-life
task force
to ensure
that
all of
the
department’s
divisions
seek
to
use
their
authority
to
promote
the
life and
health
of
women
and
their
unborn
children.
Additionally,
HHS
should
return to
being
known as
the
Department of
Life by
explicitly
rejecting the notion
that abortion is health
care and
by
restoring its
mission
statement under
the
Strategic Plan
and
elsewhere
to include
furthering
the
health
and
well-being
of
all
Americans
“from conception to natural death.”
The next Administration should
create a dedicated Special Representative
for Domestic Women’s Health. In the Trump Administration, there was a
Special
Representative
for
Global
Women’s
Health
that
focused
on
international
issues, but
this
position
lacked authority
to
be
the
lead
on
international
policies
because
of overlapping
issues
with
the
U.S.
Department
of
State
and
USAID
(and
at
times a
lack of
clarity as
to the lead
point of
contact
and policy
decisions at the
White House). The
new Special Representative would serve as the lead on all
matters of federal
domestic
policy development
related
to
life
and
family
with
support
from the DPC for
implementation and coordination among agencies. In the post-Dobbs
era, advancing support for mothers will include coordination among
agencies out- side
of HHS, and the Special Representative would provide a clear
focal point for all
issues
related to
protecting life and
serving
families.
The Family Agenda. The
Secretary’s antidiscrimination policy statements
should
never
conflate
sex with
gender
identity
or
sexual
orientation.
Rather,
the Secretary
should
proudly
state that
men
and
women
are
biological
realities
that
are
crucial to
the advancement of
life sciences and medical care and that married men and
women are the ideal, natural family structure because all
children have a
right to
be raised
by the
men and
women who
conceived
them.
OFFICE
OF
THE
ASSISTANT
SECRETARY
FOR
HEALTH
(OASH) /
OFFICE OF
THE SURGEON
GENERAL
(OSG)
The
Assistant
Secretary for
Health (ASH)
is
the
four-star admiral
for
the
United
States
Public Health Service Commissioned Corps (USPHS), and the
Surgeon Gen- eral (SG) is
the three-star admiral.
The ASH is
tasked
with overseeing
not only
the USPHS,
but also
10
regional health offices,
multiple
presidential
and
secretarial
advisory
committees,
and
other
offices
such as
the
Offices
of
Minority
Health,
Women’s
Health,
and
Population
Affairs.
The
Secretary
can
further
expand
the
ASH’s
responsibilities
(for
example,
by
Mandate
for
Leadership: The
Conservative
Promise
designating
the ASH as liaison to the CDC). The SG officially oversees
the daily oper-
ations
of
the
USPHS,
although those
are
actually
under the
control of
the
Director
of the
USPHS Commissioned Corps Headquarters. The SG also issues
information
to
the
public (Surgeon
General’s advisories,
Calls to
Action, and
Reports), serving
in
effect
as
a
key
public
health spokesperson
for
the
federal government.
USPHS
officers
are assigned
to various
agencies
such as the CDC,
NIH, and
Bureau of
Prisons.
Their
organizational
structure
is
similar
in
some
respects
to
the
National Guard’s, and their
salaries are paid primarily by the agencies to which they
are assigned (which serves to limit USPHS appropriations). USPHS officers
can be deployed
on
missions
to
respond
to
domestic
or
international
crises
(for
example, a
hurricane
in Florida
or an
Ebola
outbreak in
Africa) at
any time.
The USPHS should
be
restructured to
make it
more like
its sister
uniformed services
with a more
streamlined chain of
command
and corresponding
appro- priations to ensure
efficiency and clarity
of mission.
Its core
mission
should be
refocused to emphasize
prompt, responsive deployments that meet specific criteria
and
are
less
dependent
on the
various
agencies
to
which
the
officers
are
assigned.
Fulfillment of specific tasks should not be duplicated by
non-uniformed civil ser- vants
and USPHS
officers,
and any
roles that
can be
filled by
civilians
should be filled
by them.
The
ASH
and
SG
positions
should be
combined into
one
four-star
position with
the
rank,
responsibilities,
and
authority of
the
ASH
retained but
with the
title of
Surgeon
General
and some
of the
SG’s
communications
responsibilities, which would
include
disseminating
other
HHS
messages
and
sharing
general
medical
advice without legal
weight. The holder of this consolidated position, which
should be
filled
by
a
health
care
provider,
would be
better
positioned
to
ensure
that
the USPHS
is properly
focused and
deployed.
With
such reforms,
the
supporting
office (previously
the
OASH
and
OSG)
would be
better
equipped than
other HHS
offices or
agencies to
reduce
silos and
con- solidate
or
eliminate
duplicative
functions.
Congress
should
consider
legislation
that would
require
this office
to take
such
actions or
at least
make such
recom- mendations
to
the
Secretary.
Such
legislation
would
require
a
thorough
analysis of
the various legal authorities impacting the department’s
current organiza- tional
structure.
The
position previously known as the Principal Deputy Assistant
Secretary for Health
should be
combined
with and
have the
title of
Deputy
Surgeon General
and
become
a
three-star
position
with
operational
control
including
financial
and
deployment decisions. The
Director of the Headquarters should be responsible for
implementing
the
decisions of
the Deputy
Surgeon
General.
Promoting
Life
and
Family.
In
dealing
with sexually
transmitted diseases
and
unwanted
pregnancies,
the
OASH
should focus
on
root-cause
analysis with
a
focus
on
strengthening
marriage and
sexual risk
avoidance. Strong
leadership is
needed
2025 Presidential
Transition Project
in
the
Office
of
Science
and
Medicine
to
drive
investigative
review
of
literature
for
a
variety of issues including the effect of abortion on
prematurity and breast cancer;
lack of
evidence for so-called gender-affirming care; and physical
and emotional
damage
following cross-sex treatments, especially on children. The
OASH should withdraw
all
recommendations
of
and
support for
cross-sex medical
interventions and
“gender-affirming care.”
Title
X.
The
Title
X
family
planning program
should be
reframed with
a
focus
on
better
education around
fertility awareness
and
holistic
family planning
and
a
Deputy
Assistant
Secretary
for
Population
Affairs that
understands the
program
and
is
able
to
work
within its
legislative framework
(ideally, an
MD). In
addition, the
Office
of
Population
Affairs should
eliminate religious
discrimination
in
grant
selections
and
guarantee
the
right
of
conscience
and
religious
freedom of
health care
workers
and participants
in the
Title X
program.
In
2021, HHS
reversed a
Trump Administration
regulation that
required grant-
ees to
maintain strict physical and financial separation between
Title X activity and
abortion-related
activity.76 Under
the
Biden
Administration’s
regulation,77 Title
X activity
can
be
conducted alongside
abortion activity
without strict
physical and
financial
separation.
The
regulation also
requires
grantees to
refer for
abortions despite sincere
moral
or
religious
objections.
This
effectively
bans
otherwise
qual- ified
pro-life
grantees from
participating in the
program.
HHS
should rescind
the
Biden
Administration’s
regulation
and
reinstate
the
Trump Administration regulation for the program. It should also do this
quickly
(the Biden
Administration completed its regulatory process and issued a
final rule in
less than
nine
months) and
expand the
potential
grantee
population beyond
abortion providers like Planned Parenthood.
Congress
should complement
these efforts
by
passing
legislation such
as
the
Title X
Abortion Provider
Prohibition Act,78 which
would
prohibit
family planning
grants
from
going
to
entities that
perform abortions
or
provide
funding to
other entities
that
perform
abortions. This would
help to
protect
the integrity
of the
Title X program even
under an
abortion-friendly Administration.
ADMINISTRATION FOR STRATEGIC PREPAREDNESS AND RESPONSE
(ASPR)
ASPR vs. FEMA.
When
the President
declares
a national
emergency
(per the
Stafford
Act) related
to
a
public health
emergency declared
by
the
HHS
Secretary, FEMA
is
activated and controls
instead of
HHS/ASPR.
While this
arrangement has
some
benefits
because of
FEMA’s
unique
logistical
capabilities,
the
arrange-
ment should be
reviewed—especially considering the COVID-19 pandemic—for
improvements
in
efficiency
according
to
expertise
and
available
resources,
reduced confusion
for ASPR and among HHS agencies, and avoidance of duplicated
efforts among agencies and personnel.
Mandate for
Leadership: The Conservative
Promise
Strategic
National Stockpile.
The President should invoke the Defense Pro-
duction
Act,79 which
is a
form of
temporary takeover
of
private
enterprises, only
in
the gravest
circumstances.
The
Strategic National
Stockpile
(SNS) should
be reformed
to
consider
the
potential
supply
chain
disruptions
of
pandemics
or
global conflicts.
Also,
during
the
COVID
pandemic,
many states
received
ventilators
from the
SNS
and
hoarded
them in
places
where
a
rush
of
COVID
patients
needing
ven-
tilators
never materialized.
The
SNS
should
clarify
its
mission
as
supplier
of
last resort
to
the
federal
government, state
governments,
or
first
responders
and
key medical
staff and
should not
portray
itself as
serving the
public as
a whole.
OFFICE
OF GENERAL
COUNSEL
(OGC)
The Office of
General
Counsel is
essential
to ensuring
that HHS
is
operating within the
bounds of its numerous governing statutes. However, legal
caution can outweigh practical necessity and often slows
processes and decisions when time is
of
the
essence.
Such problems
were
evident
both
before
and
during
the
COVID-19
pandemic. Internal
processes should be
reformed
to streamline
necessary legal determinations
during
crises,
and
general
processes
should
be
reviewed
for
effi-
ciency. OGC should also:
•
Rescind its PREP Act liability memo.
OGC issued a PREP Act
liability memo
that suspended application of
civil
rights and
other laws
in the
context of the
administration of covered
countermeasures during the pandemic.
It should
be
rescinded as
contrary to
law.
•
Rescind
efforts to
curtail
OCR authority
over
conscience and
religious freedom.
All OGC memos and Federal
Register notices of
organization
or
delegations
of
authority
moving
any
OCR
conscience and
religious
freedom
enforcement
to
OGC,
including
RFRA,
should
be rescinded,
and
independent
authority
over
these
matters
should
be restored
to OCR.
•
Encourage DOJ
to repeal
OLC memos
allowing
abortion funding
despite Hyde and memos
allowing federal enclave immunity to perform abortions
despite the Assimilative Crimes Act.80
•
Rescind legal
analysis
that authorized
HHS to
impose a
moratorium on rental evictions during COVID.
•
Rescind the
OGC legal
analysis
saying that
the
injunction in
Bowen
v. American Hospital Association81
prevents any proposed HHS
regulations or
enforcement
actions concerning
the denial
of care
2025
Presidential Transition
Project
to newborn infants with disabilities by
covered health care entities
without or
against parental consent.
•
Rescind the legal analysis supporting the Biden
Administration’s decision to dismiss the University of
Vermont Medical Center
case
dealing with
the forced
participation
of a
nurse in
abortion
in violation of law.
•
Rescind the legal analysis restoring $200 million in
Medicaid funds to
California after
having
been found
to be in violation
of the
Weldon Amendment by OCR.
OFFICE OF
GLOBAL
AFFAIRS
(OGA)
The Director of
the Office
of Global
Affairs
should have
the title
of
Assistant Secretary
so that he
or she
can
adequately
represent HHS and
the
Secretary and
serve
as
the
lead
on
global
health
diplomacy
for
the
government.
The
designation
“Director” is not
understood to indicate the leadership role that this
position holds in the international arena. In
addition:
•
All divisions that work on international health efforts
should be responsive to requests and direction from the
Assistant Secretary with
coordination
for all
health
diplomacy
emanating from
OGA.
•
OGA should
have a
clear and
consistent voice for
the
Administration’s pro-life and pro-family priorities in all
international engagements.
•
OGA should
hold
oversight
authority for
implementation
of the
Mexico City policy throughout all divisions.
•
Every effort
should be
made to locate
all OGA
staff in
the same
building for better oversight and communication.
•
Health attachés
in various
global
locations should
be trained
in the
Administration’s policies with clear expectations
communicated and with accountability, including replacement,
when their conduct and advocacy are contrary to
Administration policies and programmatic
priorities.
OFFICE FOR
CIVIL
RIGHTS
(OCR)
Conscience Enforcement.
Existing statutes that protect rights of conscience
(such
as
the
Church,
Coats–Snowe,
and
Weldon
amendments)
do
not
explicitly
Mandate
for
Leadership: The
Conservative
Promise
provide
a
private
right of
action that
would allow
victims to
seek legal
redress in
court.
At
the
same
time, when
it
continues
to
fund
governmental and
private enti-
ties
that
violate these
laws, HHS
is
spending taxpayer
funds
unlawfully. Under liberal
Administrations,
OCR
has
amassed
a
poor
record
of
devoting
resources
to
conscience and religious
freedom enforcement and is often complicit in approving
or
looking
the
other
way
at
the
Administration’s
own
attacks
on
religious
liberty.
Congress
should pass the Conscience Protection Act so that victims
can pursue
redress
through courts
without having
to
depend
exclusively on
OCR. In
addition:
•
OCR
should
return to
Trump
Administration
policies that
initiated
robust
enforcement of these
conscience laws.
It should
restore and
fully fund
the Office of
the Deputy
Director
for the Conscience and
Religious Freedom Division (CRFD)
and ensure
that it
has the
necessary
delegations from
the Secretary to enforce
these
laws. The
Secretary should give adequate
delegations to OCR
to pursue
enforcement of conscience
laws, including RFRA, and
require all
HHS components that
provide
funding or grants
to
cooperate with
OCR CRFD
investigations.
The
Secretary, the
Deputy Secretary,
and
principals
in
other
HHS
divisions should
endorse the
remedial
measures
recommended by
OCR CRFD
and limit
territorial
objections and
slow-down
attempts by
other
divisional officials
including
OGC. HHS
should
withdraw
funding
from
any
violating
entities that
refuse to
correct
their behavior,
and OCR
CRFD
should work
with
ASFR
to
ensure
that
all
grant
announcements
and
instruments
inform
grantees and
applicants of their
obligations to comply
with
federal health
care
conscience
laws
specifically
as
a
condition
of
obtaining
or
maintaining
their funding.
•
A draft OCR RFRA and religious freedom rule from the Trump
Administration
should be
issued and
finalized.
These regulations would
provide
a clear process for
OCR’s
enforcement in
coordination
with other
HHS divisions and existing
HHS grants
regulations.
•
HHS should reestablish waivers for state and child welfare
agencies for
religious
exemptions, especially for
faith-based adoption and
foster care agencies.
It should also rescind subjective
case-by-case eval- uations
for
religious and
faith-based
organizations that request
religious exemptions.
These
case-by-case determinations
are
currently
coordinated with
ACF
and
OCR.
The
recommended waivers
should
be
granted
to
all states
and
agencies
that request
them,
and
OCR
memos
finding
that
RFRA would
be violated
if the
waivers are
not granted should
be
restored.
2025 Presidential
Transition Project
•
HHS should restore OCR authority to review requests for and
render opinions
on the
application of RFRA
to requests
for
religious accommodation
of people,
families,
and doctors
who cannot
in good
conscience take or administer vaccines, including those made
or tested with aborted fetal cell lines.
•
HHS
should
restore Section
1557,
Section 504,
and other
OCR regulations
and fix
guidance
documents.
In 2020, the Trump Administration’s
OCR
published
regulations under
Section
1557 of the Affordable Care
Act that
restored
the agency’s
enforcement of that
law to
the
limits
of
its
statutory
text,
deferred
to
the
ACA’s
widespread
use
of a
binary
biological
conception of sex
discrimination, and specified
that the
regulation must
comply
with the
religious exemption and
abortion
neutrality
clauses in
Title IX
from which
it
is
derived as
well as
the
Religious Freedom
Restoration Act
and
other
laws. Courts
blocked core
provisions of
that rule from going into
effect.
In 2022, the Biden
Administration proposed to reinstate a rule contradicting
the scope
of the
statute and
imposing
nondiscrimination on the basis
of sexual
orientation and gender
identity. It is
expected
that this
rule
will
be
finalized
in 2023
even
though
several
courts
have
issued
rulings
against the interpretation on which it is based.
•
OCR should
return its
enforcement
of sex
discrimination to the statutory framework of Section
1557 and Title IX.
Specifically, it
should:
1.
Remove
all
guidance issued
under the
Biden
Administration concerning
sexual
orientation
and
gender
identity
under
Section
1557, particularly
the
May
2021
announcement of
enforcement82 and
March
2022 statement threatening states that protect minors from
genital mutilation.83
2.
Issue
a
general
statement
of
policy
specifying
that
it
will
not
enforce
any prohibition
on
sexual
orientation
and
gender
identity
discrimination
in
the Section
1557
regulation and
that it
will
prioritize compliance with the
First
Amendment, RFRA,
and federal
conscience
laws in
any case
implicating
those
claims.
DOJ
should
commit
to
defending
these
actions
aggressively
against inevitable court challenges,
including
under cases such
as Heckler v. Chaney.84
Mandate for
Leadership: The Conservative
Promise
3.
Issue
a proposed
rule to restore the
Trump
regulations under
Section 1557,
explicitly
interpreting the law
not to
include
sexual orientation
and gender
identity
discrimination
based on
the textual approach
to male
and
female
biology
taken
by
Congress
in
the
ACA,
the
need
to recognize
biological
distinctions
as
part
of
the
sound
practice
of
health
care, and
the need
to ensure
protections of medical
judgment
and conscience.
DOJ
should
agree
to
defend
this
rule
to
the
Supreme
Court if
necessary.
4.
Issue
a general
statement of policy
announcing that it
plans to
enforce Section
1557
discrimination
bans by
refocusing on serious
cases of
race, sex, and disability
discrimination. In particular,
OCR should
highlight its 2019 investigation
and
voluntary
resolution agreement with
Michigan
State
University
based
on
the
sexual
abuse
of
gymnasts by
Larry
Nassar. OCR
should also
coordinate
with the
Department of Education
on
a
public
education
and
civil
rights
enforcement
campaign to
ensure that
female
college athletes
who become
pregnant
are no
longer
pressured to
obtain abortions;
pursue race
discrimination
claims against
entities
that adopt
or impose
racially
discriminatory
policies such as
those
based on
critical
race theory;
and
announce its
intention to
enforce disability rights
laws to
protect
children born
prematurely, children
with
disabilities, and
children
born alive
after
abortions.
5.
Issue
and
finalize the
Trump-era
draft disability
rights
regulations concerning
crisis
standards of care
and use
of Quality
of Life
Adjusted Years
(QALYs),
and
reissue
and
finalize
a
disability
regulation (withdrawn by
the Biden Administration) that prohibited
discriminatory
application of
assisted suicide
and
denial
of
life-saving treatments
for disabled newborns.
•
OCR should withdraw its pharmacy abortion mandate guidance.
OCR should withdraw
its
“Obligations
Under
Federal
Civil
Rights
Laws
to
Ensure
Access to
Comprehensive Reproductive Health
Care
Services” guidance
for
retail
pharmacies,85
which
purports
to address
nondiscrimination obligations
of
pharmacies under
federal
civil rights
laws and
in fact
orders them to stock
and
dispense
first-trimester abortion drugs.
The
guidance invents this
so-called
requirement
and
fails
to
acknowledge
that
pharmacies
and pharmacists
have the
right not
to
participate in
abortions,
including
pill-induced
abortions,
if doing
so would
violate
their sincere
moral or
religious objections.
Moreover,
no
federal
civil
rights
laws
preempt
state
pro-life statutes.
2025 Presidential
Transition Project
•
OCR
should
withdraw its
Health
Insurance
Portability and
Accountability Act (HIPAA)86
guidance on abortion.
OCR should withdraw its
June 2022
guidance87
that purports
to address
patient
privacy concerns
following
the
Dobbs
decision
but is
actually
a
politicized
statement in
favor
of
abortion
and against
Dobbs.
HIPAA
covers
patients
in
the
womb, but
this
guidance treats
them as
nonpersons
contrary to
law. The guidance is
unnecessary and contributes
to
ideologically
motivated fearmongering about abortion after
Dobbs.
AUTHOR’S NOTE:
The preparation
of this
chapter was
a collective enterprise
of selfless
individuals involved in the
2025
Presidential
Transition Project. All
contributors to this
chapter are
listed at
the front
of this
volume and
include former
officials
in
the
U.S.
Department
of
Health
and
Human
Services
and
other
agencies,
as
well
as
academics, attorneys, and
experts in the health care and insurance fields.
Mandate for
Leadership: The Conservative
Promise
ENDNOTES
1.
U.S. Department
of
Health
and
Human
Services,
Strategic
Plan, FY
2018–2022,
p.
50,
https://aspe.hhs.gov/
sites/default/files/documents/feac346aca967bfadc446398679e14ec/hhs-strategic-plan-fy-2018-2022.pdf (accessed February 7,
2023).
2.
“Strategic Goal 1:
Protect and Strengthen Equitable Access to High Quality and
Affordable Healthcare” in ibid.
“In the context of HHS,
this Strategic Plan adopts the definition of
underserved
communities
listed in Executive
Order
13985:
Advancing
Racial
Equity
and
Support
for
Underserved
Communities
through
the
Federal
Government to refer to
‘populations sharing a particular characteristic, as well as
geographic communities,
who
have
been
systematically denied
a
full
opportunity
to
participate
in
aspects
of
economic,
social,
and
civic
life’; this definition
includes individuals who belong to underserved communities
that have been denied such
treatment,
such as
Black,
Latino,
and
Indigenous
and
Native
American
persons,
Asian
Americans
and
Pacific
Islanders and
other
persons
of
color;
members
of
religious
minorities;
lesbian,
gay,
bisexual,
transgender,
and
queer (LGBTQ+)
persons;
persons
with
disabilities;
persons
who
live
in
rural
areas;
and
persons
otherwise
adversely affected by
persistent poverty or inequality. Individuals may belong to
more than one underserved
community and face
intersecting barriers. This definition applies to the terms
underserved communities
and
underserved
populations
throughout this Strategic Plan.” Ibid.
Emphasis in original.
3.
Karen
Weintraub,
“Americans’
Life
Expectancy
Continues
to
Fall,
Erasing
Health
Gains
of
the
Last
Quarter Century,”
USA
Today,
December
22,
2022,
https://www.usatoday.com/story/news/health/2022/12/22/us-life-
expectancy-continues-fall-erasing-25-years-health-gains/10937418002/
(accessed February 6, 2023).
4.
Apoorva
Mandavilli, “The
C.D.C.
Isn’t Publishing
Large
Portions of
the Data It
Collects,”
The
New York
Times, updated February 22, 2022,
https://www.congress.gov/117/meeting/house/114450/documents/HHRG-117-
IF02-20220302-SD004.pdf
(accessed
March
22,
2023).
5.
Zachary B. Sluzala and Edmund F. Haislmaier, “Lessons from
COVID-19: How Policymakers Should Reform the Regulation
of
Clinical
Testing,”
Heritage
Foundation
Backgrounder
No.
3696,
March
28,
2022,
https://www.
heritage.org/public-health/report/lessons-covid-19-how-policymakers-should-reform-the-regulation-clinical.
6.
U.S. Department of Health and
Human Services, Centers
for Disease Control and Prevention, “Centers for
Disease
Control
and
Prevention
(C),”
https://www.cdc.gov/maso/pdf/cdcmiss.pdf
(March
16,
2023).
7.
Judith Garber, “CDC ‘Disclaimers’ Hide Financial Conflicts
of Interest,” Lown Institute Accountability Blog,
November 6, 2019,
https://lowninstitute.org/cdc-disclaimers-hide-financial-conflicts-of-interest/
(accessed
February
6,
2023).
See
also
U.S.
Department
of
Health
and
Human
Services,
Centers
for
Disease
Control
and Prevention, “CDC
Foundation Active Programs (October 1, 2014–September 30,
2015),”
https://www.
cdcfoundation.org/sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2015.pdf
(accessed
February
7, 2023);
“CDC
Active
Programs
(October 1,
2015–September
30, 2016),”
https://www.cdcfoundation.
org/sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2016.pdf
(accessed February 7, 2023);
“CDC Foundation Active
Programs (October 1, 2016–September 30, 2017),”
https://www.cdcfoundation.org/
sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2017.pdf
(accessed February 7, 2023); “CDC
Foundation
Active
Programs
(October
1,
2017–September
30,
2018),”
https://www.cdcfoundation.org/sites/default/
files/upload/pdf/CDCFoundation-ActivePrograms-FY2018.pdf
(accessed February 7, 2023); “CDC Foundation Active Programs, October 1,
2018–September 30, 2019,”
https://www.cdcfoundation.org/sites/default/files/upload/
pdf/CDCFoundation-ActivePrograms-FY2019.pdf
(accessed February 7, 2023); “CDC Foundation Active
Programs,
October 1, 2029–September
30, 2020,”
https://www.cdcfoundation.org/CDCF-ActivePrograms-CDC-FY20?inline
(accessed
February 7,
2023); and
“CDC
Foundation Active Programs,
October 1,
2020–September
30,
2021,”
https://www.cdcfoundation.org/CDCF-ActivePrograms-CDC-FY21?inline
(accessed
February
7,
2023).
8.
Joel
White
and
Doug
Badger,
“In
Order
to
Defeat
COVID-19,
the
Federal
Government
Must
Modernize
Its
Public Health Data,”
Heritage Foundation
Backgrounder
No. 3527, September 3, 2020,
https://www.heritage.
org/sites/default/files/2020-09/BG3527_0.pdf.
9.
S. 15, Ensuring Accurate and Complete Abortion Data
Reporting Act of 2023, 118th Congress, introduced
January
23,
2023,
https://www.congress.gov/118/bills/s15/BILLS-118s15is.pdf
(accessed
March
22,
2023),
and
H.R.
632,
Ensuring
Accurate
and
Complete
Abortion
Data
Reporting
Act
of
2023,
118th
Congress,
introduced
January 30, 2023,
https://www.congress.gov/118/bills/hr632/BILLS-118hr632ih.pdf
(accessed
March 22, 2023).
10.
Doug Badger, “How Congress Can Make Real Progress on Drug
Prices,” Heritage Foundation
Issue
Brief
No.
5016,
December
9,
2019,
https://www.heritage.org/sites/default/files/2019-12/IB5016_1.pdf.
2025 Presidential
Transition Project
11.
Sluzala and Haislmaier, “Lessons
From
COVID-19: How Policymakers Should Reform the Regulation of Clinical Testing.”
12.
Ibid.
13.
H.R. 5471,
Clinical Laboratory Improvement Amendments of 1988, Public
Law No. 100-578, 100th Congress,
October 31, 1988,
https://uscode.house.gov/statutes/pl/100/578.pdf (accessed March 17, 2023).
14.
Sluzala and Haislmaier, “Lessons
From
COVID-19: How Policymakers Should Reform the Regulation of Clinical Testing.”
15.
Edmund
F.
Haislmaier,
“Ensuring
Americans’
Access
to
Pharmaceuticals:
A
Primer
and
Road
Map
for
Policymakers,” Heritage
Foundation
Backgrounder
No.
3545, October 20, 2020,
https://www.heritage.org/
sites/default/files/2020-10/BG3545.pdf.
16.
18
U.S.C. 1461,
https://www.law.cornell.edu/uscode/text/18/1461
(accessed
March 16,
2023), and
18 U.S.C.
1462,
https://www.law.cornell.edu/uscode/text/18/1462
(accessed
March
16,
2023).
17.
H.R. 1308,
Religious Freedom
Restoration
Act of 1993, Public Law No. 103-141, 103rd Congress,
November 16,
1993,
https://www.congress.gov/103/statute/STATUTE-107/STATUTE-107-Pg1488.pdf (accessed March 18, 2023).
18.
Charles Piller,
“Is FDA’s
Revolving Door Open
Too Wide?”
Science,
Vol. 361,
No. 6397
(July 6,
2018), p.
21,
https://www.science.org/doi/epdf/10.1126/science.361.6397.21
(accessed February 6, 2023).
19.
Joel Achenbach, “NIH Halts $100
Million Study of Moderate
Drinking That Is Funded by Alcohol Industry,”
The
Washington
Post,
May
17,
2018,
https://www.washingtonpost.com/news/to-your-health/wp/2018/05/17/nih-
halts-controversial-study-of-moderate-drinking/
(accessed
February
6,
2023).
20.
Alexander
Tin,
“Moderna
Offers
NIH
Co-ownership
of
COVID
Vaccine
Patent
amid
Dispute
with
Government,” CBS
News,
November
15,
2021,
https://www.cbsnews.com/news/moderna-covid-vaccine-patent-dispute-
national-institutes-health/
(accessed
February
6,
2023).
21.
Informed
Consent
Action
Network,
“NIH
Officials
Profiting
from
COVID-19
Vaccine,”
June
3,
2021,
https://www.
icandecide.org/nih-officials-profiting-from-covid-19-vaccine/
(accessed February 6, 2023).
22.
Adam
Andrzejewski,
“Substack
Investigation:
Fauci’s
Royalties
and
the
$350
Million
Royalty
Payment
Stream HIDDEN by NIH,”
Open the Books Substack, May 9, 2022,
https://openthebooks.substack.
com/p/faucis-royalties-and-the-350-million?utm_source=/profile/24758236-adam-andrzejewski&utm_
medium=reader2&s=w
(accessed February
6, 2023).
23.
Robert E.
Moffit,
“Time to
Reverse
Hospital Market
Consolidation,” Heritage Foundation
Commentary,
January 5,
2022,
https://www.heritage.org/health-care-reform/commentary/time-reverse-hospital-market-consolidation.
24.
H.R.
3590,
Patient Protection and Affordable
Care Act,
Public Law
No.
111-148, 111th
Congress,
March 23,
2021,
https://www.congress.gov/111/plaws/publ148/PLAW-111publ148.pdf
(accessed
March 16,
2023).
25.
Brian J. Miller, Robert E. Moffit, James Ficke, Joseph
Marine, and Jesse Ehrenfeld, “Reversing Hospital
Consolidation: The Promise of Physician-Owned Hospitals,”
Health Affairs
Forefront, April 12, 2021,
https://
www.healthaffairs.org/do/10.1377/forefront.20210408.980640/
(accessed
February
13,
2023).
26.
Robert E. Moffit, “Medicare’s Future: Challenges and
Opportunities,” testimony before the Special Committee
on Aging, U.S. Senate,
November 21, 2022,
https://www.heritage.org/testimony/medicares-future-challenges-
and-opportunities.
27.
42
U.S.
Code
§
256b,
https://www.law.cornell.edu/uscode/text/42/256b
(accessed
March
16,
2023).
28.
H.R.
3590,
Patient
Protection
and
Affordable
Care
Act,
§
3022.
29.
H.R.
5376, Inflation
Reduction
Act of
2022,
Public Law
No.
117-169, 117th
Congress,
August 16,
2022,
https://
www.congress.gov/117/plaws/publ169/PLAW-117publ169.pdf
(accessed
March
16,
2023).
30.
Robert
E.
Moffit,
“Reducing
Patient
Access
to
New
Medications
Is
the
Left’s
Latest
Medicare
Price-Fixing Scheme,” Heritage Foundation
Commentary,
July
22, 2022,
https://www.heritage.org/medicare/commentary/
reducing-patient-access-new-medications-the-lefts-latest-medicare-price-fixing, and
Badger, “How Congress
Can
Make
Real
Progress
on Drug
Prices.”
31.
Nina
Owcharenko
Schaefer,
“Medicaid
at
55:
Understanding
the
Design,
Trends,
and
Reforms
Needed
to Improve
the
Health
Care
Safety
Net,”
Heritage
Foundation
Backgrounder
No.
3604,
April
14,
2021,
https://
www.heritage.org/sites/default/files/2021-04/BG3604_0.pdf, and
Brian C. Blase, “Punishing Conservative
States:
Payment
Cuts
to
Hospitals
Where Federal
Spending
Is
Already
Low,”
Paragon
Health
Institute,
December 2021,
https://paragoninstitute.org/wp-content/uploads/2022/06/Punishing-Conservative-States-
HTML.html
(accessed
February
13,
2023).
Mandate for
Leadership: The Conservative
Promise
32.
Owcharenko Schaefer, “Medicaid at
55:
Understanding the Design,
Trends, and Reforms Needed to Improve the Health Care
Safety Net.”
33.
Brian
Blase,
“Managed
Care
in
Medicaid:
Need
for
Oversight,
Accountability,
and
Reform,”
Paragon
Health Institute
Policy Brief, October
13, 2022,
https://paragoninstitute.org/wp-content/uploads/2022/10/20221012-
Managed-Care-in-Medicaid-Need-for-Oversight-Accountability-and-Reform-FOR-DISTRIBUTION-V2.pdf (accessed February 13,
2023).
34.
Owcharenko Schaefer, “Medicaid at
55:
Understanding the Design,
Trends, and Reforms Needed to Improve the Health Care
Safety Net.”
35.
42 U.S.
Code
§
1315,
https://www.law.cornell.edu/uscode/text/42/1315 (accessed
March
17,
2023).
36.
Chad D. Savage and
Lee
S. Gross, “Direct Primary Care: Update and
Road Map for Patient-Centered Reforms,” Heritage Foundation
Backgrounder
No. 3635, June 28, 2021,
https://www.heritage.org/sites/default/
files/2021-06/BG3635.pdf.
37.
H.R. 133,
Consolidated Appropriations
Act, 2021, Public
Law No. 116-260, 116th Congress, December 27,
2020,
Division
BB,
Title
I,
https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf
(accessed
March 17, 2023).
38.
Doug Badger, “On Surprise Medical
Bills, Congress Should
Side with Consumers, Not Special Interests,”
Heritage Foundation
Commentary,
January 31, 2020,
https://www.heritage.org/health-care-reform/
commentary/surprise-medical-bills-congress-should-side-consumers-not-special.
39.
Edmund F. Haislmaier and Abigail Slagle, “Premiums,
Choices, Deductibles, Care Access, and Government Dependence Under the Affordable
Care Act: 2021 State-by-State Review,” Heritage Foundation
Backgrounder
No.
3668,
November
2,
2021,
https://www.heritage.org/sites/default/files/2021-11/BG3668.pdf.
40.
U.S. Department of the Treasury, Internal Revenue Service;
U.S. Department of Labor, Employee Benefits
Security
Administration;
and
U.S.
Department
of
Health
and
Human
Services,
“Transparency
in
Coverage,”
Final
Rule,
Federal Register,
Vol. 85,
No. 219
(November 12, 2020),
pp.
72158–72310,
https://www.govinfo.gov/
content/pkg/FR-2020-11-12/pdf/2020-24591.pdf
(accessed
March
17,
2023).
41.
David
N.
Bernstein
and
Robert
E.
Moffit,
“New
Price Transparency
Rule
Will
Help
Transform America’s
Health
Care
System,”
Heritage Foundation
Commentary, November
1,
2020,
https://www.heritage.org/health-care-
reform/commentary/new-price-transparency-rule-will-help-transform-americas-health-care.
42.
Sluzala
and
Haislmaier,
“Lessons
from
COVID-19:
How
Policymakers
Should
Reform
the
Regulation
of Clinical Testing.”
43.
Ibid.
44.
Most recently enacted in H.R. 2471, Consolidated
Appropriations Act, 2022, Public Law No. 117-103, 117th
Congress,
March
15, 2022,
Division
H,
Title
V, §§
506–507,
https://www.congress.gov/117/plaws/publ103/
PLAW-117publ103.pdf
(accessed
March
17,
2023).
45.
President
Joseph
R.
Biden
Jr.,
Executive
Order
14079,
“Securing
Access
to
Reproductive
and
Other
Healthcare Services,” August 3, 2022, in
Federal Register, Vol. 87,
No. 154 (August 11, 2022), pp. 49505–49507,
https://
www.govinfo.gov/content/pkg/FR-2022-08-11/pdf/2022-17420.pdf
(accessed
March
16,
2023).
46.
Planned Parenthood,
2020–2021 Annual Report, p. 27,
https://www.plannedparenthood.org/uploads/
filer_public/40/8f/408fc2ad-c8c2-48da-ad87-be5cc257d370/211214-ppfa-annualreport-20-21-c3-digital.pdf (accessed March 22, 2023).
47.
Ibid., pp. 30
and
31.
Total revenue
of $1,714.4 million (p. 30) minus $1,580.7 million in total
expenses (p. 31)
yields $133,7 million.
48.
Ibid.,
p.
28.
49.
Ibid.,
p.
30.
50.
H.R. 372,
Protecting Life
and
Taxpayers Act
of 2023, 118th Congress, introduced January 17, 2023,
https://www.
congress.gov/118/bills/hr372/BILLS-118hr372ih.pdf
(accessed
March
17,
2023).
51.
42
U.S.
Code
§
18023,
https://www.law.cornell.edu/uscode/text/42/18023 (accessed
March
17,
2023).
52.
H.R. 3128, Consolidated
Omnibus Budget Reconciliation Act of 1985, Public Law No.
99-272, 99th Congress,
April 7, 1986, Title
IX,
Subtitle A, Part 1,
Subpart B, § 9121,
https://www.congress.gov/99/statute/STATUTE-100/
STATUTE-100-Pg82.pdf
(accessed
March
17,
2023).
53.
H.R.
8070,
Rehabilitation
Act
of
1973,
Public
Law
No.
93-112,
93rd
Congress,
September
26,
1973,
https://www.
congress.gov/93/statute/STATUTE-87/STATUTE-87-Pg355.pdf
(accessed
March
17,
2023).
2025 Presidential
Transition Project
54.
U.S. Department of Health and
Human Services, Centers
for Medicare and Medicaid Services, Office of Civil
Rights, and Office of
the
Secretary, “Special
Responsibilities of Medicare Hospitals in Emergency Cases
and Discrimination
on the Basis of Disability in Critical Health and Human
Service Programs or Activities,” draft
of Proposed Rule,
January 14, 2021,
https://www.hhs.gov/sites/default/files/infants-nprm.pdf
(accessed March 17, 2023).
55.
H.R.
26,
Born-Alive
Abortion
Survivors
Protection
Act,
118th
Congress,
introduced
January
9,
2023,
https://
www.congress.gov/118/bills/hr26/BILLS-118hr26pcs.pdf (accessed March 17, 2023).
56.
H.R. 7, No
Taxpayer Funding for Abortion and Abortion Insurance Full
Disclosure Act of 2023, 118th Congress,
introduced January 9, 2023,
https://www.congress.gov/118/bills/hr7/BILLS-118hr7ih.pdf (accessed March 17, 2023).
57.
S.
401,
Conscience
Protection
Act
of
2021,
117th
Congress,
introduced
February
24,
2021,
https://www.congress.
gov/117/bills/s401/BILLS-117s401is.pdf
(accessed
March
17,
2023).
58.
U.S.
Department
of
Health
and
Human
Services,
Centers
for
Medicare
and
Medicaid
Services,
and
Office
of
the
Secretary,
“Nondiscrimination
in
Health
Programs
and
Activities,”
Notice
of
Proposed
Rulemaking;
Notice
of
Tribal Consultation,
Federal Register, Vol. 87,
No. 149 (August 4, 2022), pp. 47824–47920,
https://www.govinfo.
gov/content/pkg/FR-2022-08-04/pdf/2022-16217.pdf
(accessed
March
17,
2023).
59.
Ibid.,
p.
47916.
60.
The regulation was not
finalized before the
end of
the
Administration.
U.S. Department
of
Agriculture, Food and
Nutrition Services, “Revision of Categorical Eligibility in
the Supplemental Nutrition Assistance
Program
(SNAP),”
Proposed Rule,
Federal
Register,
Vol. 84,
No. 142
(July 24,
2019), pp.
35570–55581,
https://
www.federalregister.gov/documents/2019/07/24/2019-15670/revision-of-categorical-eligibility-in-the-
supplemental-nutrition-assistance-program-snap
(accessed March 17, 2023).
61.
45
Code
of
Federal
Regulations
§
75.300(c)
and
(d),
https://www.ecfr.gov/current/title-45/subtitle-A/
subchapter-A/part-75/subpart-D/subject-group-ECFR911e5e1a30bfbcb/section-75.300
(accessed March 17, 2023).
62.
H.R.
1750,
Child
Welfare
Provider
Inclusion
Act
of
2021,
117th
Congress,
introduced
March
10,
2021,
https://
www.congress.gov/117/bills/hr1750/BILLS-117hr1750ih.pdf (accessed March 17, 2023), and S. 656, Child Welfare
Provider Inclusion Act of
2021,
117th Congress,
introduced March 10, 2021,
https://www.congress.gov/117/bills/
s656/BILLS-117s656is.pdf
(accessed
March
17,
2023).
63.
S. 3949, Trafficking Victims Protection Reauthorization Act
of 2022, Public Law No. 117-348, 117th Congress,
January 25, 2023,
https://www.congress.gov/117/plaws/publ348/PLAW-117publ348.pdf (accessed March 17, 2023).
64.
Kelsey Y. Santamaria, “Child Migrants at the Border: The
Flores
Settlement Agreement and Other Legal
Developments,”
Congressional
Research
Service
In Focus
No.
IF11799, April
1, 2021,
https://crsreports.congress.
gov/product/pdf/IF/IF11799
(accessed
March
17,
2023).
65.
Report,
Building a
Happy
Home: Marriage
Education as a
Tool to
Strengthen Families,
Social
Capital
Project
Report
No.
1-22,
March
2022,
p.
17,
https://www.jec.senate.gov/public/_cache/files/3d102525-6f0d-48ed-
92f4-d71edd468ad6/building-a-happy-home.pdf
(accessed March 17, 2023). The cover of the report reflects that the
Social
Capital Project
is “[a] project of
the Joint
Economic
Committee –
Republicans.”
66.
See, for example, Alan J. Hawkins, “Are Federally
Supported Relationship Education Programs for Lower-Income
Individuals
and
Couples
Working?
A
Review
of
Evaluation
Research,”
American
Enterprise
Institute,
September
2019,
https://www.
congress.gov/117/plaws/publ228/PLAW-117publ228.pdf
(accessed March 17, 2023).
67.
H.R. 8404,
Respect for Marriage Act, Public Law No. 117-228, 117th
Congress, December 13, 2022,
https://www.
congress.gov/117/plaws/publ228/PLAW-117publ228.pdf
(accessed
March
17,
2023).
68.
Madison
Marino,
“Over
1,000
Safety
Violations
Mar
Head
Start.
Children
Deserve
Better,”
Heritage
Foundation
Commentary, November 10, 2022,
https://www.heritage.org/education/commentary/over-1000-safety-
violations-mar-head-start-children-deserve-better.
69.
American Hospital
Association v. Becerra, 596
U.S.
(2022),
https://www.supremecourt.gov/
opinions/21pdf/20-1114_09m1.pdf
(accessed March
17, 2023).
70.
U.S. Department of the Treasury,
Internal Revenue Service;
U.S. Department of Labor, Employee Benefits
Security Administration;
and U.S. Department of Health and Human Services, Centers
for Medicare and
Medicaid
Services,
“Coverage
of
Certain
Preventive
Services
Under
the
Affordable
Care
Act,”
Notice
of
Proposed Rulemaking,
Federal Register, Vol. 88,
No. 22 (February 2, 2023), pp. 7236–7281,
https://www.
govinfo.gov/content/pkg/FR-2023-02-02/pdf/2023-01981.pdf
(accessed
March
17,
2023).
Mandate for
Leadership: The Conservative
Promise
71.
42
U.S.
Code
§
238n,
https://www.law.cornell.edu/uscode/text/42/238n
(accessed
March
17,
2023).
72.
U.S.
Department
of
Health
and
Human
Services,
Health
Resources
and
Services
Administration,
“Early Childhood Health,” last
reviewed October 2022,
https://mchb.hrsa.gov/programs-impact/focus-areas/early-
childhood-health
(accessed March
17, 2023).
73.
American
Pregnancy
Association,
“Having
a
Doula—What
Are
the
Benefits?”
https://americanpregnancy.
org/healthy-pregnancy/labor-and-birth/having-a-doula/#:~:text=Other%20studies%20have%20shown%20
that%20having%20a%20doula,massage%20to%20reduce%20stress%20and%20anxiety%20during%20labor (accessed March 17,
2023).
74.
S. 2372, VA
MISSION [Maintaining Internal Systems and Strengthening
Integrated Outside Networks] Act
of 2018, Public Law No. 115-182, 115th Congress, June 6,
2018,
https://www.congress.gov/115/plaws/publ182/
PLAW-115publ182.pdf
(accessed
March
17,
2023).
75.
U.S. Department of Health and Human Services, “Securing
Updated and Necessary Statutory Evaluations Timely,”
Final Rule,
Federal Register,
Vol. 86,
No. 11
(January
19, 2021),
pp.
5694–5764,
https://www.govinfo.
gov/content/pkg/FR-2021-01-19/pdf/2021-00597.pdf
(accessed
March
22,
2023).
76.
U.S.
Department
of
Health
and
Human
Services,
Office
of
the
Secretary,
Office
of
the
Assistant
Secretary
for
Health, “Compliance with
Statutory Program Integrity Requirements,” Final Rule,
Federal Register, Vol. 84, No.
42
(March
4,
2029),
pp.
7714–7791,
https://www.govinfo.gov/content/pkg/FR-2019-03-04/pdf/2019-03461.pdf
(accessed
March
18,
2023).
77.
U.S. Department of Health and Human Services, Office of
the Secretary, Office of the Assistant Secretary for
Health, “Ensuring Access
to Equitable, Affordable, Client-Centered, Quality Family
Planning Services,” Final
Rule,
Federal Register,
Vol. 86,
No. 192
(October
7, 2021),
pp.
56144–56180,
https://www.govinfo.gov/content/
pkg/FR-2021-10-07/pdf/2021-21542.pdf
(accessed
March
18,
2023).
78.
S.
624,
Title
X
Abortion
Provider
Prohibition
Act,
118th
Congress,
introduced
March
2,
2023,
https://www.
congress.gov/118/bills/s624/BILLS-118s624is.pdf
(accessed
March
18,
2023).
79.
50
U.S. Code
Chapter 55,
https://www.law.cornell.edu/uscode/text/50/chapter-55
(accessed March
22, 2023).
80.
18
U.S.
Code
§
13,
https://www.law.cornell.edu/uscode/text/18/13
(accessed
March
18,
2023).
81.
Bowen v.
American
Hospital
Association,
476
U.S.
610
(1986),
https://tile.loc.gov/storage-services/service/ll/
usrep/usrep476/usrep476610/usrep476610.pdf
(accessed
22,
2023).
82.
U.S. Department of Health and Human Services, Office of
the Secretary, “Notification of Interpretation and
Enforcement
of
Section
1557
of
the
Affordable
Care
Act
and
Title
IX
of
the
Education
Amendments
of
1972,”
Federal
Register, Vol. 86,
No. 99 (May 25, 2021), pp. 27984–27985,
https://www.govinfo.gov/content/pkg/FR-
2021-05-25/pdf/2021-10477.pdf
(accessed
March
18,
2023).
83.
U.S.
Department
of Health
and
Human
Services,
Office for
Civil
Rights,
“HHS
Notice and
Guidance
on
Gender
Affirming Care, Civil Rights, and Patient Privacy,” March 2, 2022,
https://www.hhs.gov/sites/default/files/hhs-
ocr-notice-and-guidance-gender-affirming-care.pdf
(accessed March 18, 2023).
84.
Heckler v.
Chaney,
420 U.S.
821 (1985),
https://caselaw.findlaw.com/us-supreme-court/470/821.html
(accessed
March
18,
2022).
85.
U.S.
Department
of
Health
and
Human
Services,
Office
for
Civil
Rights,
“Guidance
to
Nation’s
Retail
Pharmacies: Obligations
Under Federal
Civil Rights Laws
to Ensure Access to Comprehensive Reproductive
Health Care Services,”
content last reviewed July 14, 2022,
https://www.hhs.gov/civil-rights/for-individuals/
special-topics/reproductive-healthcare/pharmacies-guidance/index.html
(accessed March 18, 2023).
86.
H.R. 3103, “Health Insurance
and
Portability and
Accountability Act of 1996, Public Law No. 104-191, 104th
Congress, August 21, 1996,
https://www.congress.gov/104/plaws/publ191/PLAW-104publ191.pdf (accessed
March
18,
2023).
87.
U.S.
Department
of Human
Services,
“HIPAA
Privacy
Rule
and
Disclosures
of
Information
Relating
to
Reproductive Health
Care,” content last reviewed June 29, 2022, (accessed March
18, 2023). See also
“Protecting the
Privacy
and
Security
of
Your
Health
Information
When
Using
Your
Personal
Cell
Phone
or
Tablet,” content
last
reviewed
June
29,
2022,
https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/
cell-phone-hipaa/index.html
(accessed March
18, 2023).
T
he
U.S. Department
of
Housing
and
Urban
Development (HUD)
admin- isters a web of
federal programs with mandates to support access to
homeownership
and
affordable
rental housing,
relieve
temporary
hous-
ing
instability for homeless persons, preserve a stable
inventory of public housing
units,
and enforce
mandates
with powers
to settle
compliance
matters ranging
from housing
quality
standards to
housing
discrimination
cases.
Politicians
across
party lines
use HUD
to promise
ever-greater
public
bene- fits.
In
addition,
HUD
programs
tend
to
perpetuate
the
notion
of
bureaucratically
provided housing as a basic life need and, whether
intentionally or not, fail to acknowledge that these public
benefits too often have led to intergenerational
poverty traps, have
implicitly penalized family formation in traditional
two-parent
marriages, and have discouraged work and income growth,
thereby limiting upward mobility. A new
conservative Administration will
therefore
need to:
•
Reset HUD.
This effort
should
specifically
include a
broad
reversal of
the Biden
Administration’s persistent implementation of corrosive
progressive ideologies
across the
department’s
programs.
•
Implement an
action plan
across both
process
and
people.
This plan should include both
the
immediate
redelegation of authority
to a
cadre of
political
appointees
and
the
urgent
implementation
of
administrative
regulatory
actions with
respect to
HUD policy
and program
eligibility.
Mandate for
Leadership: The Conservative
Promise
•
Reverse HUD’s mission creep over nearly a century of program
implementation dating from the Department’s New Deal
forebears.
HUD’s new
political
leadership team will
need to
reexamine
the federal
government’s role
in housing
markets
across the
nation and
consider whether it
is
time
for
a
“reform,
reinvention,
and
renewal”1 that transfers
Department
functions
to separate
federal
agencies, states,
and
localities.
OVERVIEW
HUD was created
by the
Housing
and Urban
Development Act of
19652
and since then has
administered several programs that had been administered by
the
Housing
and
Home
Finance
Agency.
With
a
proposed
fiscal
year
(FY)
budget
authority
totaling
$71.9
billion
and
8,326
full-time
equivalent
(FTE)
employees,3 it
remains the
largest
government agency charged
with
implementing
federal housing policy.
In addition to its headquarters
in Washington, D.C., HUD has 10 regional offices
as well
as field
offices and
centers to
implement
specialized operational and
enforcement
responsibilities.4 HUD
program
offices also
interface
with
various
networks of implementing organizations such as locally chartered public
housing agencies
(PHAs)
and
federal,
state,
and
local
government
and
judicial
bodies
as well
as such
private
industry
participants as
mortgage
lenders.
The
Secretary of
Housing and
Urban Development
can
delegate
authority to
various
entities
across an
array of
HUD
programs.5
The
Secretary
also oversees
the
Office of
the
Deputy
Secretary;6 the
Office
of
Hearings
and
Appeals
(OHA);7 the
Office of
Small and
Disadvantaged
Business
Utilization
(OSDBU);8 and the Center
for
Faith-Based
and
Neighborhood
Partnerships
(CFBNP).9 The
Office
of the
Secretary
also comprises
a
team
of
politically
appointed positions
and
career
support
staff. Each of the following offices should be headed by
political appointees except where otherwise noted.
•
Office of Administration, headed by the Chief Administration
Officer. The Office
of
Administration
has
responsibilities
for
the
Office
of
the
Chief
Human
Capital
Officer
(OCHO,
headed
by
the
Chief
Human
Capital
Officer,
currently
a
career
position)
and
the
Office
of
the
Chief
Procurement
Officer
(CPO,
headed by
the
Chief
Procurement Officer,
currently a
career position).
•
Office
of
the
Chief
Financial
Officer,
headed
by
the
Chief
Financial
Officer.
•
Office of
the Chief
Information Officer,
headed by
the Chief Information
Officer.
2025 Presidential
Transition Project
•
Office of
Public
Affairs,
headed by
a
Senate-confirmed
Assistant
Secretary (AS) or
Principal
Deputy Assistant
Secretary
(PDAS).
•
Office of Congressional and Intergovernmental Relations
(CIR),
headed by
a
Senate-confirmed AS or
PDAS.
•
Office of
Community
Planning and
Development
(CPD),
headed by
a
Senate-confirmed
AS
or
Principal
DAS.
CPD
administers
various
entitlement and non-entitlement programs across community
development, disaster
recovery,
and
housing
for
the
homeless10 and
individuals
with special
needs, including
Housing Opportunities
for
Persons with
AIDS
(HOPWA). The
two largest
CPD-administered
programs are
the
Community
Development Block Grant
(CDBG)
Program,11 which
includes disaster recovery funding, and the Home Investment Partnerships
Program (HOME).12 CPD’s
Relocation
and
Real
Estate Division
(RRED) has
departmental
delegated
authority for the
Uniform
Relocation
Assistance and
Real Property
Acquisition Policies Act
of 1970.13
•
Office of Public and Indian Housing (PIH), headed by a Senate-
confirmed
AS or PDAS. PIH
administers public housing
and
tenant-based rental
assistance
programs, as
well as authorities
for Native
American
and Native
Hawaiian
housing
assistance
and
loan
guarantee
programs
under the
Native
American Housing
Assistance and
Self-Determination
Act (NAHSDA).14 Tenant-Based
Rental
Assistance
represents
the
major
portion of
HUD’s
nonemergency
discretionary
budget.
HUD
describes
its
Housing
Choice
Voucher
Program
as
“an
essential
component
of
the
Federal
housing
safety
net for people in
need.”15
PIH also
implements
funding for
the Self-
Sufficiency
Coordinator
Program; the
Public
Housing Fund
(operating and
capital
funds
for
PHA
administration of
Section
9
public
housing
and
Section
8
voucher
programs); and
Choice Neighborhoods
(zeroed out
during the
Trump
Administration
budget request
but
included in
HUD’s FY
2023 budget,
which requests $250
million for
the program).16
•
Office of Housing and Federal Housing Administration (FHA),
headed
by
a
dual-hatted,
Senate-confirmed
AS
and
Federal
Housing
Commissioner
or
Acting Federal
Housing
Commissioner.
The
Office
of
Housing
oversees implementation
of
the
department’s project-based
rental assistance
(PBRA)
multifamily
housing
portfolio, Section 202
supportive housing
for
the
elderly
program,
Section 811
program
for
disabled
persons’ housing,
and
Housing
Counseling
Assistance
program.
The
Federal
Housing
Administration
administers the Mutual
Mortgage
Insurance
Mandate for
Leadership: The Conservative
Promise
Program
(MMIF) and various other mortgage insurance, direct loan,
and loan
guarantee programs
for
single-family
housing, multifamily
housing, hospitals, and
health care
facilities that meet certain
conditions.17
•
Government National Mortgage Association (GNMA), headed by a Sen-
ate-confirmed GNMA
President
or
Executive
Vice
President.
GNMA
oversees
more than
$2
billion
in
federal
guarantees
to
mortgage-backed
securities
structured
from
mortgages
that
are
pooled
from
various
federal
programs,
including
mortgages
backed
by
programs
outside
of
HUD,
principally
the
sin-
gle-family
mortgage
guarantee
programs
administered
by
the
Department
of
Veterans
Affairs (VA)
and
the
Rural
Housing
Service
at
the
U.S.
Department
of Agriculture
(USDA).
FHA-insured
single-family
housing
mortgages
comprise
the largest
share
of
GNMA-guaranteed
mortgage-backed
securities.
•
Office of Departmental Equal Employment Opportunity, headed by a
Director.
•
Office of Fair Housing and Equal Opportunity (FHEO), headed by a
Senate-confirmed
AS or
PDAS. The
Assistant
Secretary for
FHEO is
the designated
HUD official responsible
for
enforcing Title
VI of
the Civil
Rights Act of
1964,18
Section 504
of the
Rehabilitation
Act of
1973,19
and Section 109
of
the
Housing
and
Community
Development
Act
of
1974.
After
informal efforts
to resolve
noncompliance, the AS
for FHEO
may make
a formal
finding
of
noncompliance
and
initiate
enforcement
action
before
an
administrative tribunal or a referral to the Department of
Justice.
•
Office of General Counsel (OGC), headed by the General Counsel or
Principal
Deputy General
Counsel.
OGC
handles
department-wide
legal
and
compliance
oversight
advice
with
supervision
responsibilities
for
the
Deputy
General Counsel for Housing Programs, Deputy General Counsel
for
Operations,
and
Deputy
General Counsel
for
Enforcement
and
Fair
Housing as well as the
Departmental Enforcement Center.20
•
Office of Healthy Homes and Lead Hazard Control (OHHLHC),
headed by a Director.
OHHLHC was
established
in the
early
1990s to
eliminate
lead-based
paint hazards
in
America’s
privately owned
and
low-income housing,
address
healthy housing
initiatives,
and enforce
lead-based paint regulations
authorized under
the
Residential Lead-Based Paint
Hazard Reduction
Act
of
1992
(Title
X
of
the
Housing
and
Community
Development
Act of 1992).21
These
functions
overlap with
similar
functions of the Environmental
Protection Agency (also
authorized to enforce
lead-based
2025 Presidential
Transition Project
paint
regulations
under Title
X) and
the Centers
for Disease
Control and
Prevention’s
Healthy
Homes
Initiative,
Childhood
Lead
Poisoning
Prevention
Program, and
National
Asthma Control
Program.
•
Office of Policy Development and Research (PDR), headed by a Senate-
confirmed
AS
or
PDAS.
PDR
was
established
in
the
early
1970s
and
today administers
research
activities,
including
external
contract
research
grants, and
provides
analytical
and policy
advice
to
senior
HUD
staff.
PDR
also
provides
publicly
available
statistics
through
the
American
Housing
Survey
(AHS),
which
is
sponsored
by HUD
and
conducted
by
the
Census
Bureau; the
State of
the Cities
Data
Systems; data
on the
Low-Income
Housing Tax
Credit (LIHTC);
and annual
Fair
Market Rents
and Income
Limits
data, among other
statistical publications and
datasets
on the characteristics of
families assisted
under HUD
programs.
•
Office
of
Inspector General
(OIG),
headed by
an
Inspector General.
The OIG
is
independent of HUD
and one
of 12
Inspectors General across the
federal
government
authorized under
the
Inspector General
Act of
1978.22
Operating under
its own
budget
authority and
strategic
plan, the
HUD
OIG conducts
internal
and
external
audits
and
investigations
of
HUD
programs
and operations.
While
independent
of
HUD
and
holding
no
enforcement powers
over
HUD
programs,
HUD
OIG
works
closely
with
the
Office
of
General
Counsel, the
Departmental Enforcement
Center, and
HUD program
offices.
The Inspector
General
serves as
an adviser
to and
non- voting member of
the FHA
Mortgagee Review Board.
•
Office of Field Policy and Management (FPM), headed by an
Assistant Deputy
Secretary
for
FPM.
FPM
supports
the
Secretary
through
regional
and field
office
communication and
external
engagement with various community
stakeholders to ensure
the
successful
implementation of Secretarial initiatives and special projects.
HUD
REFORM
PILLARS
Ideally,
Congress would redelegate authorities that have been
diverted to HUD’s
administrative
bureaucracy
and
safeguard
taxpayers
against the
mission
creep
that inevitably
occurs
when
Congress
delegates power
to
an
empowered
and unelected
bureaucracy that is insulated by civil service protections.
If implemented, the
reforms
proposed
in this
chapter
can
help
a
new
conservative
Administration
to use
its
Article
II
powers
to
rectify
bureaucratic
overreach,
reverse
the
expansion of
programs
beyond
their
statutory
authority,
and
end
progressive
policies
that have
been put in place at the department.
Mandate for
Leadership: The Conservative
Promise
It
is
hoped
that a
future Congress
under conservative
leadership will
enact legis- lative
reforms of
HUD
programs.
With or
without congressional
action, however,
it
is
vital that
a
conservative
Administration
immediately
institute guardrails
across HUD
programs to
remove the
administrative
state’s
bureaucratic
overreach of
Article I authorities,
thereby
ensuring formal
execution of Article
II process
and personnel reforms of the sort outlined below.
FIRST-DAY
AND
FIRST-YEAR
ADMINISTRATIVE REFORMS23
A new conservative
Administration can and should implement the follow- ing reforms that
focus on
both people24 and process.25
Implementation
of these
reforms
simply
requires
courageous
political
leadership
across
all
of
HUD’s
key
appointed
positions.
•
HUD
political
leadership
should
immediately
assign
all
delegated
powers to
politically
appointed
PDAS,
DAS,
and
other
office
leadership
positions;
change
any
current
career leadership
positions into
political and
non-career appointment
positions; and use
Senior
Executive Service
(SES)
transfers to
install motivated and aligned
leadership.
•
The
President
should
issue
an
executive
order
making
the
HUD
Secretary a
member
of
the
Committee
on
Foreign
Investment
in
the
U.S.,
which
will
gain
broader
oversight
authorities
to
address
foreign
threats,
particularly
from
China with
oversight of
foreign ownership
of
real
estate in
both rental
and
ownership
markets of
single-family
and
multifamily
housing,26
with trillions
worth of
real estate
secured
across HUD’s
portfolio.
•
The
Secretary should initiate
a HUD
task force
consisting of politically
appointed
personnel
to
identify
and
reverse
all
actions
taken
by
the
Biden
Administration to
advance
progressive ideology.27
•
The
Office of
the Secretary or
the
leadership in
the Office
of General
Counsel
should
conduct
a
thorough
review of
all
subregulatory
guidance
that has
been
instituted
outside
of
the
Administrative
Procedure
Act
(APA).
Additionally,
departmental
leadership should:
1.
Immediately end
the
Biden
Administration’s
Property
Appraisal
and Valuation
Equity
(PAVE)
policies
and reverse
any
Biden
Administration
actions that
threaten
to
undermine
the
integrity
of
real
estate
appraisals.28
2.
Repeal
climate
change
initiatives
and
spending
in
the
department’s
budget request.29
2025 Presidential
Transition Project
3.
Repeal
the
Affirmatively
Furthering
Fair
Housing
(AFFH)
regulation
reinstituted under
the Biden
Administration30
and any
other uses
of special-purpose credit authorities to further
equity.31
4.
Eliminate the
new
Housing Supply
Fund.32
•
The
Office of
the Secretary should
recommence proposed regulation
put forward
under
the
Trump
Administration
that
would
prohibit
noncitizens,
including
all mixed-status families, from
living in
all
federally assisted
housing.33 HUD’s
statutory
obligations
include
providing
housing
for
American citizens
who are
in need.
HUD
reforms must
also
ensure alignment with reforms
implemented by other
federal
agencies where
immigration status
impacts
public programs,
certainly
to include
any reforms
in
the
Public
Charge
regulatory
framework
administered
by
the
U.S.
Department
of Homeland
Security
(DHS).
Local
welfare
organizations,
not
the
federal
government, should
step
up
to
provide
welfare
for
the
housing
of
noncitizens.
•
The
Office
of
the
Secretary
should
execute
regulatory
and
subregulatory
guidance actions,
across HUD
programs
and applicable
to all
relevant stakeholders,
that would
restrict
program
eligibility when
admission would
threaten the protection
of the
life and
health of
individuals and fail
to
encourage
upward
mobility
and
economic
advancement
through
household
self-sufficiency. Where admissible in regulatory action, HUD
should implement reforms
reducing
the implicit
anti-marriage bias in housing
assistance programs,34
strengthen work
and
work-readiness requirements,35 implement
maximum
term
limits
for
residents
in
PBRA
and
TBRA
programs,36
and end
Housing
First37
policies so
that the
department
prioritizes
mental
health
and
substance
abuse
issues
before
jumping
to
permanent
interventions
in
homelessness.38 Notwithstanding administrative
reforms,
Congress should
enact
legislation that
protects life
and eliminates provisions
in federal
housing
and welfare
benefits policies
that
discourage
work, marriage,
and
meaningful
paths
to
upward
economic mobility.
•
The
AS
or
PDAS
for
the
Office
of
Policy
Development
and
Research
should
suspend
all
external
research
and
evaluation
grants in
the
Office
of
Policy
Development and
Research
and end
or realign
to another
office any
functions
that
are
not
involved
in
the
collection
and
use
of
data
and
survey
administration
functions and
do not facilitate
the
execution of
regulatory impact analysis studies.
Mandate for
Leadership: The Conservative
Promise
•
FHA
leadership
should
increase
the
mortgage
insurance
premium
(MIP)
for
all products
above
20-year terms
and
maintain MIP
for all
products
below 20-year terms and
all
refinances. FHA
should
encourage wealth-building homeownership
opportunities,
which can
be
accomplished best through
shorter-duration
mortgages.39
Ideally,
Congress
would contemplate
a fundamental
revision
of
FHA’s
statutory
restriction
of
single-family
housing
mortgage insurance
to
first-time
homebuyers.40
This would
include
(with support from HUD leadership):
1.
Moving
the
Home
Equity
Conversion
Mortgages
(HECM)
program
once
again to
its own
special
risk insurance
fund.
2.
Revising loan
limit
determinations.
3.
Providing
statutory
flexibility
for
shorter-term
products
that
amortize
principal earlier and faster.
•
Statutorily
restricting
eligibility
for
first-time
homebuyers
and
abandoning the
affirmative
obligation
authorities
erected
for
the
single-family
housing
programs across federal agencies and government-sponsored
enterprises.41
•
The
HUD
Secretary should
move the
HUD Real
Estate
Assessment Center (REAC) from
PIH to
the Office
of Housing,
which
already implements
property
standards
in its
multifamily
housing
lending
programs
through the
multifamily accelerated processing (MAP) lending guidelines.
Giving HUD
the authority
to
streamline the
enforcement
of compliance
with housing
standards
across
the
federal
government
and
flexibility
for
physical
inspections
through private
accreditation
should also
be
considered.
•
HUD
should
maintain its
requested
budget authority
for
modernization initiatives
that
are
applicable
to the
Office
of
the
Chief
Information
Officer and
program
offices across
the
department.
LONGER-TERM
POLICY
REFORM
CONSIDERATIONS42
Congress
has
charged
HUD
principally
with mandates
for
construction
of
the
nation’s
affordable housing
stock in
addition to
setting and
enforcing standards
for
decent
housing and
fair
housing
enforcement.
Regardless of
intent,
HUD’s efforts have yielded
mixed
results at
best. Even
today, more
than a
half-century after Congress
put
enforcement
of
so-called
fair
housing
in
the
hands
of
the
HUD
bureaucracy, implementation
of
this
policy
is
muddled
by
the
repeated
applica- tion
of
affirmative race-based
policies.
Also,
the
production
mandate
for
HUD’s
2025 Presidential
Transition Project
housing
portfolio has waned for decades with the department
effectively working to
maintain
the public
housing
portfolio from
the late
1990s when
the
Faircloth Amendment capped
HUD’s
public
housing
portfolio.43
Longer-term
reforms of
HUD rental assistance
programs
should encourage
choice and competition
for renters, encourage participation by landlords where
appropriate,44 and
encourage
all
non-elderly,
able-bodied adults
to
move
toward self-sufficiency.
This
can
be
pursued through
regulations and
legislative reforms that
seek to
strengthen work
requirements,
limit
the
period
during which
house- holds are
eligible for
housing benefits,
and
add
flexibility to
rent payment
terms to
facilitate the movement
of
households toward
self-sufficiency.
Obviously,
using
government
vouchers or
other
such
programs
to expand
hous-
ing
choice
options
is
not
without
its
downsides.
The
turn
toward
mobility
vouchers
constitutes an abandonment of America’s public housing
stock, and efforts to
increase
competition
in
the
public
housing
market
must
not
come
at
the
expense of
local
autonomy and
the
ability of
cities,
towns,
neighborhoods,
and commu- nities to choose
for
themselves the
sort of
housing
they want
to allow.
Freedom of association and
self-government at the
most local
level
possible must
remain primary
considerations
in
any
conservative
effort
to
increase
competition
in
the public
housing market.
Congress
should also
consider those
areas in
which federal
policy negatively
interacts with private
markets, including when federal policy crowds out pri-
vate-sector development and exacerbates affordability
challenges that persist
across the nation. It is essential that legislation provides
states and localities max- imal flexibility to pursue
locally designed policies and minimize the likelihood of
federal
preemption of local
land use
and zoning
decisions.
In
the
same
manner, Congress
should prioritize
any
and
all
legislative
support
for
the
single-family
home. Homeownership
forms the
backbone of
the
American Dream.
The
purchase of
a home is
the
largest
investment most Americans
will make
in
their
lifetimes,
and
homeownership
remains
the
most
accessible
way
to build
generational wealth
for
millions
of
Americans.
For
these
reasons,
American
homeowners
and
citizens
know
best
what
is
in
the
interest
of
their
neighborhoods
and
communities.
Localities rather than
the
federal
government must have
the final
say
in
zoning
laws
and
regulations,
and
a
conservative
Administration
should
oppose
any
efforts
to weaken
single-family
zoning.
Along
the
same
lines,
Congress
can propose
tax
credits
for
the
renovation
or
repair
of
housing
stock
in
rural
areas
so
that
more
Americans
are able
to
access
the
American
Dream
of
homeownership.
Additionally, enhanced statutory authorities for local
autonomy should extend
to
the
prioritizing of
federal rental
assistance subsidies
that emphasize
choice and
mobility
in
housing
voucher
subsidies
over static,
site-based
subsidies and
provide
authority for maximal
flexibility to direct PHA land sales that involve the
existing stock
of public
housing
units. Congress
must
consider the
future of
the
public
Mandate
for
Leadership: The
Conservative
Promise
housing
model. At
best, any
new public
investments
will provide
maintenance funds to bring substandard housing units and properties up to livability
standards but
will
still
fail
to
address
larger aims
of
upward
mobility
and
dynamism
for
local
housing markets
where land
can be
sold by
PHAs and
put to
greater
economic use, thereby
benefiting entire local economies through greater private
investment, productivity
and
employment
opportunities, and increased
tax
revenue.
Any long-term view of HUD’s
future must include maintaining the strong financial
operations and reliable
reporting that are
needed to
run a $50
billion- per-year
agency.
Before
the
Trump
Administration, HUD
effectively
did
not
have a
Chief
Financial
Officer
(CFO)
for
eight
years,
and
HUD’s
financial
infrastructure
inevitably
deteriorated.
The
department’s
auditors
were
unable
to
conclude
that
HUD’s
internal
operations
were
producing
accurate
financial
reporting.
The
audi- tors
had
identified
multiple material
weaknesses
and significant
deficiencies in the
department’s
internal
financial
controls.
Overall,
the
deterioration
of
HUD’s
financial
infrastructure led to
a lack
of
accountability
with respect
to the
use of
taxpayer funds as well
as to
pervasive difficulties with
operations and program
implementation.
However, by
hiring a new CFO from the private sector with a proven track
record
of
visionary leadership, HUD was able to implement an
agencywide governance
structure that improved its financial processes and
internal controls and harnessed the
power
of
innovative
new
technologies
to
bring
a
modernized
business mindset
to the
agency’s financial infrastructure. By the end of the Trump
Administration, for
the
first
time in
nearly a
decade, HUD
was
able
to
address
all
of
its
previously
identified
material weaknesses, and the auditors were able to issue
their first clean audit
report on
HUD’s
financial statements and
internal
controls.
Finally,
and
more
fundamentally,
Congress
could consider
a
wholesale
overhaul
of
HUD
that
contemplates devolving
many
HUD
functions
to
states
and
localities
with any
remaining
federal
functions
consolidated
to
other
federal
agencies
(for
example, by transferring
loan guarantee programs to SBA; moving Indian housing
programs to
the Department of
the
Interior; moving
rental
assistance,
mortgage insurance programs, and
GNMA to
a
redesignated
Housing and
Home
Finance Agency). Generally, this
reform path
could
consolidate some
programs,
elimi- nate
others
that
have
failed
to
produce
meaningful
long-run
results,
and
narrow the
scope
of
many
programs
so that
they
are
closer
to
what
they
were
when
they were
created.
2025 Presidential
Transition Project
ENDNOTES
1.
At a 1998 Senate hearing, then-HUD Secretary Andrew Cuomo
acknowledged that the department “faced a competence
gap”
and
had
“the
dubious
distinction
of
being
the
only
federal
agency
designated
as
‘high
risk’
by the General Accounting
[now Government Accountability] Office (GAO),” even
referencing the Section
8
rental
subsidy
as
“on
the
brink
of
becoming
the
next
savings
and
loan
scandal,”
and
explained
how
the
department
was
stepping
up
enforcement
efforts
“focused
on
closing
the
competence
gap
by
eliminating
waste, fraud,
and
abuse.”
See
“Testimony
of
Secretary
Andrew
Cuomo
before
the
House
Appropriations
Subcommittee on
VA,
HUD,
and
Independent
Agencies,”
March
25,
1998,
https://archives.hud.gov/
testimony/1998/tst32598.cfm
(accessed March
4, 2023).
2.
H.R. 7984,
Housing and
Urban
Development
Act of 1965, Public Law No. 89-117, 89th Congress, August
10,
1965,
https://www.congress.gov/89/statute/STATUTE-79/STATUTE-79-Pg451.pdf (accessed March
4,
2023).
3.
U.S. Department
of Housing and Urban Development,
2023 Budget
in Brief, pp. 2 and 7,
https://www.hud.gov/
sites/dfiles/CFO/documents/2023_BudgetInBriefFINAL.pdf (accessed March 4, 2023).
4.
For
example,
the
Special
Applications
Center
(SAC)
located
in
Chicago,
Illinois,
was
established
in
1998
as
a division
of
the
Office
of
Public
and
Indian
Housing
to
accept,
review,
and
approve
all
nonfunded,
noncompetitive applications
and
plans
for
demolition,
disposition,
and
conversion
of
land
subject
to
an annual
contributions
contract
(ACC) in
public
housing.
5.
The
Secretary
has
delegated
full
authority
for
the
Administration
and
enforcement
of
the
Fair
Housing
Act
to
the Assistant Secretary
of the Office of Fair Housing and Equal Opportunity but also
has delegated limited assignment
and
decision-making authority to
the
General Counsel.
6.
Effectively
the
HUD
Chief
Operating
Officer
and
appointed
by
the
President
with
Senate
advice
and
consent.
7.
The
Office of
Hearings
and Appeals
(OHA) is
an
independent
adjudicatory office within
the Office
of the
Secretary. Led
by
a
Director
who
is
appointed
by
the
Secretary,
it
supervises
the
Administrative
Judges
of
the
Office
of
Appeals,
the
administrative
law
judges of
the
Office of
Administrative
Law
Judges, and
the
OHA
support staff.
The HUD Secretary appoints administrative judges and
administrative law judges in accordance
with
the
Administrative
Procedure
Act,
5
U.S.C.
Chapter
5,
https://www.law.cornell.edu/uscode/text/5/part-I/
chapter-5
(accessed
March 4,
2023).
8.
HUD currently has a Departmental Equity Assessment Working
Group, supported with five FTEs funded by the
OSDBU,
“as
part
of
the
President’s
Executive
Order
13985,
Executive
Order
On
Advancing
Racial
Equity
and
Support for
Underserved
Communities
Through
the
Federal
Government.”
See
U.S.
Department
of
Housing and Urban
Development,
2023 Congressional
Justifications, p.
35-15,
https://www.hud.gov/sites/
dfiles/CFO/documents/2023HUDCongressionalJustificationsFINALelectronicversion.pdf
(accessed March 4,
2023), and President
Joseph R. Biden Jr., Executive Order 13985, “Advancing
Racial Equity and Support for
Underserved
Communities
Through
the Federal
Government,” January 20,
2021, in
Federal Register,
Vol. 86,
No. 14 (January 25,
2021), pp. 7009–7013,
https://www.govinfo.gov/content/pkg/FR-2021-01-25/pdf/2021-
01753.pdf
(accessed
March
4, 2023).
9.
Interestingly,
“[t]he
2023
President’s
Budget
requests
$748
thousand
for
CFBNP,
which
is
$436
thousand
less
than the 2022 Annualized
CR level. The Budget reflects total funding (carryover and
new authority) of $1.2
million,
$448 thousand
less
than
2022
total
funding.”
U.S.
Department
of
Housing
and
Urban
Development,
2023
Congressional Justifications,
p.
35-16.
10.
See H.R. 558, Stewart B. McKinney Homeless Assistance Act,
Public Law No. 100-77, 100th Congress, July 22, 1987,
https://www.govinfo.gov/content/pkg/STATUTE-101/pdf/STATUTE-101-Pg482.pdf
(accessed
March
5,
2023).
Later
renamed
the
McKinney–Vento
Homeless
Assistance
Act.
11.
Established under the Housing
and
Community Development Act
of 1974, 42 U.S.C. §§ 5301 et seq.,
https://
www.law.cornell.edu/uscode/text/42
(accessed March 4,
2023).
12.
S.
566,
Cranston–Gonzalez
National
Affordable
Housing
Act,
Public
Law
No.
101-625,
101st
Congress, November 28, 1990, Title
II,
https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg4079.pdf
(accessed March
5,
2023).
13.
S. 1, Uniform Relocation Assistance
and Real Property
Acquisition Policies Act of 1970, Public Law No. 91-646,
91st Congress, January 2,
1971,
https://www.congress.gov/91/statute/STATUTE-84/STATUTE-84-Pg1894.pdf
(accessed
March
4,
2023).
“The
URA
establishes
the
minimum
Federal
requirements
for
the
acquisition
of
real
property for
Federally-funded
programs
and
projects,
and
for
the
relocation
of
persons
who
must
move
from
Mandate for
Leadership: The Conservative
Promise
their
homes,
businesses,
or
farms
as
a
direct
result
of
acquisition,
rehabilitation,
or
demolition
for
a
Federally-
funded
program
or
project.”
U.S.
Department
of
Housing
and
Urban
Development,
HUD
Exchange,
“49
CFR
Part 24–URA Regulations,”
published February 2005,
https://www.hudexchange.info/resource/804/ura-and-
real-property-acquisition-policies-act-49-cfr-part-24/
(accessed
March
4,
2023).
HUD
is
one
of
the
18
federal
departments
and
agencies
that
“are
subject
to
the
Uniform
Act.”
U.S.
Department
of
Transportation,
Federal
Highway Administration,
“Uniform Relocation Assistance and Real Property Acquisition
for Federal and
Federally
Assisted
Programs,”
Federal
Register,
Vol. 84,
No. 243
(December
18, 2019),
pp.
69466–69521, esp.
p.
69484,
https://www.govinfo.gov/content/pkg/FR-2019-12-18/pdf/2019-25558.pdf
(accessed March
4,
2023).
14.
H.R. 3219,
Native American
Housing Assistance
and Self-Determination Act of 1996, Public Law No. 104-330,
104th
Congress,
October
26,
1996,
https://www.congress.gov/104/plaws/publ330/PLAW-104publ330.pdf
(accessed
March
4,
2023).
15.
U.S. Department
of Housing
and Urban
Development,
2023
Congressional Justifications, p.
6-1. The
U.S. Housing
Act
of
1937
(Wagner–Steagall
Act)
established
the
origins
of
locally
chartered
housing
agencies
that administer federal
funding for various rental assistance programs—a
quintessentially progressive New
Deal–era
policy that
expanded
the
administrative
state’s
powers
to
the
housing
market—with
the
primary
legislative intent
of
eradicating
slum
housing
in
urban
areas,
boosting
jobs,
and
providing
housing
for
the
working
poor.
42
U.S.C.
§§
1437
et
seq.,
https://www.law.cornell.edu/uscode/text/42
(accessed
March
4, 2023).
A decade later,
the Housing Act of 1949 codified federal standards for
housing livability—a rationale that
HUD and
federal legislators have continued to use to justify federal
intervention in housing—establishing as
a national
policy
objective the
provision
of a
minimum
standard of
housing
quality for
all
Americans. This
legislation also statutorily established many of the rural
housing programs that are administered at USDA and
expanded programs
facilitating the removal of slum housing in urban areas. 42
U.S.C. §§ 1441 et seq.,
https://
www.law.cornell.edu/uscode/text/42
(accessed March 4,
2023).
16.
U.S.
Department
of
Housing
and
Urban
Development,
2023
Congressional
Justifications,
pp.
1-2
and
2-2.
17.
The National Housing Act of 1934 established the FHA and
the statutory authority for the secondary market. The
main stated premise was
to stimulate jobs and facilitate the housing and
construction sector during the Great
Depression. 42 U.S.C. §§
1701 et seq.,
https://www.law.cornell.edu/uscode/text/12
(accessed March 4, 2023).
18.
42
U.S.C.
§§
2000d
et
seq.,
https://www.law.cornell.edu/uscode/text/42
(accessed
March
4,
2023).
19.
29
U.S.C.
§§
701
et
seq.,
https://www.law.cornell.edu/uscode/text/29
(accessed
March
4,
2023).
20.
HUD’s
Departmental
Enforcement
Center
(DEC)
is
led
by
a
Director.
It
was
established
in
1998
as
part
of a
broader
effort
to
streamline
and
consolidate
functions
at
HUD
and
was
later
merged
with
the
Office
of
General
Counsel. The DEC
“is
comprised of the Office
of the Director, the Compliance Division, the Operations
Division
and five
Satellite
Offices”
and
describes
its
mission
as
“assuring
the
highest
standards
of
ethics,
management and
accountability
in
the
resolution
of
HUD's
troubled
properties.”
U.S.
Department
of
Housing
and
Urban Development,
Departmental
Enforcement
Center,
“Program
Offices:
Departmental
Enforcement
Center,”
https://www.hud.gov/program_offices/enforcement
(accessed March 4, 2023).
21.
H.R. 5334,
Housing and Community Development Act of 1992, Public Law
No. 102-1017, 102nd Congress,
October 28, 1992, Title
X,
https://www.congress.gov/102/statute/STATUTE-106/STATUTE-106-Pg3672.pdf
(accessed
March
4,
2023).
22.
H.R.
8588,
Inspector
General
Act
of
1978,
Public
Law
No.
95-452,
95th
Congress,
October
12,
1978,
https://www.
congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1101.pdf
(accessed
March
4,
2023).
23.
Guiding
questions: What immediate administrative reforms of HUD and
its programs can be made with
high
probability
of
success?
What
short-term
legislative
reforms
can
be
proposed
that,
in
tandem
with
administrative reforms,
would
achieve
the
HUD
vision/mission
objective?
What
HUD
offices
should
be
eliminated and/or
realigned to reduce
any
redundancy that
may
persist in
programmatic
functions?
24.
Wholly
aside from
reforms
that would
require
legislation, the
next
Administration
must ensure
that key
political appointees are
able to acquit themselves as change agents to execute
administrative reforms.
Otherwise,
whether because
of
a
sheer
lack
of
skill
and
expertise
or
simply
a
lack
of
will
and
philosophical
alignment with
reforms,
staff
may
frustrate
the
efforts
of
committed
political
appointee
staff
and
leadership
to
execute substantive
administrative
reforms.
To
achieve
the
policy
and
regulatory
reforms
outlined
in
this
chapter,
political
appointees must be
carefully placed in
positions that reflect
not only
technical, market/ industry, and
operational expertise, but
also a
shared
will and
commitment.
2025 Presidential
Transition Project
25.
Process
must
prioritize
where
political
leadership
can
implement
administrative
reforms
through
regulatory
action and subregulatory guidance reforms.
26.
China and
other
foreign nations
should not
be able
to disrupt
our
nation’s housing
markets,
including by
artificially
driving
up
prices
and
reducing
affordability
and
access
to
housing
for
Americans
who
are
crowded out
of the market by such market participation.
27.
These
initiatives
are
maintained
under
such
designations
as
diversity,
equity,
and
inclusion
(DEI);
critical
race
theory (CRT);
black,
indigenous,
Pacific
Islander,
and
other
people
of
color
(BIPOC);
and
environmental,
social, and
governance (ESG).
28.
At a minimum,
these efforts duplicate what the federal government already
collects and assesses; at worst, they
institute
arbitrary
procedures
in
real
estate
appraisal
practices
that
undermine
integrity
and
perversely
introduce
arbitrary biases
into what
should be
an unbiased
system for
determining financial value.
29.
Revise
regulatory
and subregulatory
guidance, where applicable
within
statutory
authorities, that
adds unnecessary
delay and costs to the construction and development of new
housing and has been estimated to account
for about 40
percent of
new housing unit
costs in
multifamily
housing.
30.
The Biden Administration has issued a proposed rule to
replace the Trump Administration’s “Preserving Community
and
Neighborhood
Choice”
rule
that
had
repealed
earlier
rules
expanding
AFFH
enforcement.
See
U.S. Department
of
Housing
and
Urban
Development,
Office
of
Fair
Housing,
“Preserving
Community
and
Neighborhood
Choice,”
Final Rule,
Federal Register,
Vol. 85,
No. 153
(August 7,
2020), pp.
47899–47912,
https://www.govinfo.gov/content/pkg/FR-2020-08-07/pdf/2020-16320.pdf
(accessed
March
5,
2023),
and
U.S.
Department of Housing and Urban Development, Office of the
Secretary, “Affirmatively Furthering Fair
Housing,”
Proposed
Rule,
Federal
Register, Vol.
88,
No.
27
(February
9,
2023),
pp.
8516–8590,
https://www.
govinfo.gov/content/pkg/FR-2015-07-16/pdf/2015-17032.pdf
(accessed
March
5,
2023).
31.
Certain pilot
initiatives
may
encourage greater take-up
of loan
products
designed for
faster
equity accumulation,
including
loans
with
shorter
terms
and
accelerated
amortization
schedules.
In
concept,
the
FHA’s Home
Equity
Accelerator
Loan
(HEAL)
and
Good
Neighbor
Next
Door
(GNND)
pilot
initiatives
might lead
to meaningful wealth
generation for first-time
buyers, but
they should
be
available to
all eligible households
only when
they do
not
arbitrarily discriminate based
on race
or other
characteristics.
32.
Housing
supply does
remain a
problem in
the U.S.,
but
constructing more units
at the
low end
of the
market will
not
solve
the
problem.
Investors
and
developers
can
deliver
at
more
efficient
cost
new
units
that
will
allow for
greater upward mobility
of rental
and
ownership housing
stock and
better
target increased
construction
of mid-tier
rental
units. Further,
and more
fundamental to the
housing
supply challenge
in markets
across the U.S.,
localities can consider revising land use, zoning, and
building regulations that constrict new housing
development,
adding
time
delays
and
costs
that
impede
construction.
Federal
housing
policy
should
get
out
of
the way
where
possible
and
minimize
the
distortive
impact
that
stimulating
greater
demand
through
loose
lending can have in
driving up
housing
prices for
households that are
looking for
affordable
entry into
the housing market.
33.
U.S.
Department
of
Housing
and
Urban
Development,
Office
of
the
Secretary,
“Housing
and
Community Development Act of 1980:
Verification of Eligible Status,” Proposed Rule,
Federal Register, Vol. 84,
No. 91
(May 10, 2019), pp.
20589–20595,
https://www.govinfo.gov/content/pkg/FR-2019-05-10/pdf/2019-09566.pdf
(accessed
March 5,
2023).
34.
Reforms
should
contemplate rent payment
flexibilities, allow escrow
savings,
and set maximum term
limits
that
can
reduce
implicit
penalties
for
increasing
household
incomes
over
eligibility
terms
for
housing
assistance and reweight waiting-list
prioritization for two-parent
households.
35.
Some PHAs have
been able to implement work requirements and term limit
policies in various congressionally
authorized
demonstration
programs,
notably
the
Moving
to
Work
(MTW)
demonstration
program
established
in
1996 for
39
PHAs
(Congress
has
since
authorized
another
100
PHAs)
in
which
participating
MTW
PHAs
were given authority to
implement rent reforms, work requirements and other
experimental policies in rental
assistance
programs
along
with
flexibilities
in
the
use
of
capital
and
operating
appropriations.
36.
The FSS
program has a general five-year term with a possible
two-year extension, which could be applied
at
the
term
limit
for
overall
benefits,
and
certain
PHAs
have
imposed
five-year
to
seven-year
term
limits.
Families
in
these
programs
build
escrow
savings
during
their
term
eligibility
that
helps
to
facilitate
successful transitions to family
self-sufficiency and unassisted
housing.
Mandate for
Leadership: The Conservative
Promise
37.
HUD should
implement administrative changes in regulation and guidance
and seek statutory authority to end
all
Housing
First
directives
of
Continuum
of
Care
(CoC)
grantees
and
contract
homelessness
providers
in
addition to establishing
restrictions on local Housing First policies where HUD grant
funds are used.
38.
The U.S. Interagency Council on Homelessness (USICH) was
established in the 1990s, and numerous
Administrations have
devoted enormous resources to the Housing First model,
experimenting with various
ways to provide federally
financed rapid rehousing and permanent housing
opportunities. Housing First is a
far-left
idea premised
on
the
belief
that
homelessness
is
primarily
circumstantial
rather
than
behavioral.
The
Housing First
answer
to
homelessness
is
to
give
someone
a
house
instead
of
attempting
to
understand
the
underlying causes of
homelessness. Federal intervention centered on Housing First
has failed to acknowledge that
resolving the issue
of
homelessness is
often a
matter of
resolving
mental health
and
substance
abuse challenges. Instead of the permanent
supportive housing proffered by Housing First, a
conservative
Administration
should shift
to
transitional housing with
a focus
on
addressing the
underlying
issues that cause
homelessness
in the
first
place.
39.
The
Senate
Low-Income
First-Time
Homebuyers
(LIFT)
Act
would
address
this
policy goal.
See
S.
2797,
Low-Income
First-Time
Homebuyers
Act
of
2021
(LIFT
Homebuyers
Act
of
2021),
117th
Congress,
introduced
September 22, 2021,
https://www.congress.gov/117/bills/s2797/BILLS-117s2797is.pdf (accessed March 5, 2023).
40.
FHA
did not
facilitate
the widespread
use of
30-year
mortgages until
the 1950s
when,
interacting with
Federal Reserve policies,
federal agencies began broader adoption of the mortgages,
which, despite lowering the
monthly
repayment terms,
result in
slow equity
accumulation
and
wealth-building
opportunities.
41.
The
Housing
and
Economic
Recovery
Act
of
2008
fundamentally
revised
the
scope
of
federal
regulation in the nation’s housing
finance system, placing Fannie Mae and Freddie Mac under the
purview of a newly
established Federal
Housing
Finance
Agency
(FHFA)
and
establishing
a
Housing
Trust
Fund
(HTF)
that
is
administered
in
the
HUD
Office
of
Community
Planning
and
Development.
See
H.R.
3221,
Housing
and
Economic Recovery Act of
2008,
Public Law No.
110-289, 110th Congress, July 30, 2008,
https://www.congress.
gov/110/plaws/publ289/PLAW-110publ289.pdf
(accessed
March
5,
2023).
42.
Guiding
questions:
What
reforms
should
be
proposed
that
could
be
accomplished
within
five
years?
What
reforms can be done
administratively, and what
reforms
would need
legislative authorization? Are
there functions
that
HUD
administers
that
could
be
achieved
more
effectively
at
another
department
or
agency?
What
big-picture
reforms
should
be
proposed
that
might
take
more
than
five
years
that
would
reorganize
HUD and its programs
to meet
the
objectives in
the vision
or
mission? What
would occur
in the
absence
of these public finance subsidies? How much
crowd-out do these subsidies create in the market? Would
America be
a
seriously
underhoused
nation
without
these
subsidies?
Who
are
the
policies
intended
to benefit?
What organizational
changes must
be made?
43.
The Faircloth Amendment (Quality Housing and Work
Responsibility Act of 1998) amended the Housing
Act
of
1937
to
maintain
public housing
units
at
1999
levels,
preventing
housing
authorities
from
maintaining
more
public housing
than
they
did
then.
H.R.
4194,
Departments
of
Veterans
Affairs
and
Housing
and
Urban
Development, and Independent Agencies
Appropriations
Act, 1999, Public Law No.
105-276, 105th Congress,
October 21, 1998, Title
V,
https://www.congress.gov/105/plaws/publ276/PLAW-105publ276.pdf (accessed March
5, 2023).
In recent
years, the
statutory
restriction on
new
construction of
public
housing units
has been
circumvented through
some
narrow
uses
of
preservation
programs
such
as
the
Rental
Assistance
Demonstration (RAD)
program, initially authorized in 2012 and reauthorized
several times since under higher
program unit conversion
caps. Congress also provided paths for renewal and
continuation of a portion
of existing
public
housing;
project/site-based housing stock
(refinancing with long-term
HAP
contract commitments); and
Section
8
units
through
the
Multifamily
Assisted
Housing
Reform
and
Affordability
Act
of 1997 (MAHRA). H.R.
2158, Departments of Veterans Affairs and Housing and Urban
Development, and
Independent Agencies Appropriations Act,
1998,
Public Law No. 105-65,
105th Congress, October 27, 1997,
Title
V,
https://www.congress.gov/105/plaws/publ65/PLAW-105publ65.pdf
(accessed
March
5,
2023).
44.
As
the
evolution of
HUD rental assistance
transitions away from
the public
housing
model toward
housing choice
vouchers,
there
should
be
adequate
landlord
participation
to
ensure
that
the
supply
of
housing
units
for rent in these
programs meets the demand for rent among eligible tenants.
This issue has been addressed
in
various
ways, including
by
a
task
force
instituted
at
the
department
during
the
Trump
Administration,
but could
likely remain a
challenge in the
administration of the
program.
T
he
U.S. Department
of
the
Interior (DOI)
oversees, manages,
and
protects the
nation’s
natural resources
and
cultural heritage;
provides
scientific and
other
information about
those
resources;
and
honors
the
nation’s
trust
responsibilities or special commitments to American Indians,
Alaska Natives, and
affiliated island communities.
AGENCY
OVERVIEW
DOI’s purview encompasses more
than 500 million acres of federal lands, including national parks
and
national wildlife
refuges;
700 million
acres of
sub- surface
minerals;
1.7
billion
acres
of
the
Outer
Continental
Shelf
(OCS);
23
percent of
the
nation’s
energy; water
in
17
western
states;
and
trust
responsibilities
for
566
Indian tribes and Alaska
Natives. DOI’s 2024 budget request totals $18.9 billion, an
increase
of
$2
billion,
or 12
percent,
more
than
the
2023
enacted
level.
The
budget also
provides
an estimated
$12.6
billion in
permanent funding in
2024. In
2024, DOI will generate receipts of $19.6 billion.
A
“Home Department”
had
been
considered in
1789 and
urged by
Presidents over
the
decades until
DOI’s creation
in
1849.
The
variety
of
its
early responsibil-
ities—the
Indian
Bureau, the
General
Land Office,
the Bureau
of
Pensions, and
the
Patent
Office,
among
others—earned
it
various
nicknames,
including
“Great
Miscellany,”
“hydra-headed monster,” and “Mother of Departments.”1 Its mission became more focused on natural resources with the rise of the
conservation move- ment
in the
early 20th
century;
however, it
kept its
historic
(since the
days of
the Founding Fathers)
role
as
overseer
of
vast
working
landscapes
involving
grazing,
logging,
mining, oil,
and
gas
and, with
the
Bureau
of
Reclamation
in
1902,
as
the
nation’s
dam
builder.
Today, DOI
has
70,000
employees in
approximately
2,400 locations
with
offices across
the United
States,
Puerto Rico,
and U.S.
Territories and Freely Associated States.
Historically, DOI operated in a
bipartisan manner consistent with the laws enacted by Congress
pursuant to
its powers under
the
Property Clause.2
Thus,
DOI
fulfilled
its
statutory
responsibilities
in
a
manner
that
ensured
the
ability
of western
states,
counties,
and
communities
to
be
sustained
by
both
economic
and
recreational activities
on neighboring federal lands, especially given that in some
rural western counties,
federal
lands constituted
50, 60,
70, 80—even
90 percent
of the county’s landmass.3
That ended
with the Administration of President Jimmy Carter, who,
beholden
to
environmental
groups that
supported his
election, adopted
DOI
policies
consis- tent with
their demands,
much to
the
horror
of
western
governors, most
of
whom
were
Democrats.
President Ronald
Reagan campaigned
against this
“War on
the West,”
declared
himself a
“Sagebrush Rebel,” and,
on taking
office,4
quelled
the rebellion by reversing Carter Administration
policies. President George H. W. Bush
distanced himself from
Reagan’s
western policies,
committed to a
“kinder and
gentler
America,”
and
proclaimed
his
desire
to
be
“the
environmental
Pres- ident,”
which
resulted
in changes
at
the
his
Administration’s
DOI—again,
much to the
dismay of westerners.5
President Bill Clinton resumed
Carter’s “War on the
West,” epitomized by his DOI’s deploying of wolves into the
states bordering
Yellowstone
National
Park;
the
decreed
death
of
a
world-class
mine
in
Montana;
and the
designation of a
vast
national monument
in Utah
over the
objections of Utah leaders—but
with the
support of
the Hollywood elite.6
Although
Texas Governor
George W.
Bush and
former Wyoming
Representative
Dick Cheney
(R–WY) campaigned
in
2000
against Clinton’s
worst outrages,
includ-
ing
the
Utah
monument, there
was
no
significant ratcheting
back of
DOI
policies
that
were
either objected
to
by
westerners or
contrary to
the
express
provisions of
federal
statutes. President
Barack Obama’s
DOI
resumed
the
anti-economic
fed-
eral
lands
policies
activated by
Carter and
amplified by
Clinton; however,
Obama’s
DOI’s antipathy to oil and gas activity on federal lands as mandated by
Congress could not have
come at
a worse
time.
After
the
demonstrated
success of
fracking on
Bureau of
Land
Management (BLM)
acreage
in Wyoming
in
1993,
the
fracking
revolution
soon
swept
the
nation,7 yielding
massive
discoveries on
state and
private land
from coast
to
coast,
but
not,
thanks
to
Obama,
on
western
federal lands.8 President
Donald
Trump,
on
the
other
hand, immediately ordered his DOI to comply with federal law, conduct
congressio-
nally
mandated lease
sales, and
seek to
achieve energy
dominance or
independence.
Thanks in
part to
the
success
of
oil
and
gas
operations on
federal land
in
the
West, the
United
States achieved
energy
security for
the first
time since
1957 in
2019.9
2025 Presidential
Transition Project
President
Joe
Biden’s
DOI, as
is
well
documented, abandoned
all
pretense
of
complying
with federal law regarding federally owned oil and gas
resources. Not
since
the
Administration
of
President Harry
S.
Truman—prior
to
creation
of
the
OCS
oil
and
gas
program—have
fewer federal
leases been
issued.10
At DOI, not since the Reagan
Administration was the radical environmen- tal agenda (first
implemented by Carter, resumed by Clinton, and revitalized
by Obama) rolled
back as
substantially as it
was by
President
Trump. Trump’s
DOI
change
affected
not only
oil
and
gas
leasing,
as
noted
above,
but
all
statutory
responsibilities
of its
various
agencies, bureaus, and
offices.
Thus, whether
the statutory
mandate
was
to
promote
economic
activity,
to
ensure
and
expand
rec-
reational
opportunities, or to
protect
valuable natural
resources, including, for
example, parks,
wilderness areas, national monuments, and wild
and scenic areas,
efforts were expended,
barriers were removed, and career employees were aided
in the accomplishment of those missions.
Unfortunately,
Biden’s DOI
is
at
war
with
the
department’s
mission, not
only
when
it
comes
to
DOI’s
obligation to
develop the
vast oil
and
gas
and
coal
resources for which it
is responsible, but also as to its statutory mandate, for
example, to manage much
of federal land overseen by the BLM pursuant to “multiple
use” and “sustained yield” principles.11 Instead, Biden’s DOI believes most BLM land should
be
placed
off-limits to
all
economic
and
most
recreational uses.
Worse yet,
Biden’s DOI
not only
refuses to
adhere to
the
statutes enacted
by
Congress as
to how the
lands
under
its
jurisdiction are
managed,
but
it
also
insists
on
implementing
a
vast
regulatory regime (for
which Congress has not granted authority) and overturning,
by
unilateral
regulatory
action,
congressional
acts that
set forth
the
productive economic
uses
permitted on
DOI-managed
federal
land.
BUDGET
STRUCTURE
At $18.9 billion,
DOI’s 2024
proposed
budget is
small
relative to
many other
federal
agencies.
On
the
other
side
of
the
ledger,
the
DOI
forecasts
it
will
generate
more than
$19.6
billion
in
“offsetting
receipts”
from
oil
and
gas
royalties,
timber
and
grazing
fees, park
user
fees,
and
land
sales,
among
other
sources.
Most
of
the
proposed
allocations are divided
among nine
bureaus.
Bureau of
Indian Affairs.
Fulfills Indian trust responsibilities on behalf of 566
Indian tribes; supports natural resource education, law
enforcement, and social
service
programs
delivered
by
tribes;
operates
182
elementary
and
secondary
schools and
dormitories
and
29
tribally
controlled
community
colleges,
universi-
ties, and post-secondary schools.
Bureau of Land
Management. Manages
and conserves resources for 245 million
acres of
public
land and
700
million acres
of
subsurface federal mineral
estate, including energy
and mineral development, forest management, timber
and biomass
production, and wild
horse and
burro
management.
Mandate
for
Leadership: The
Conservative
Promise
Bureau of
Ocean Energy Management.
Manages access to renewable and
conventional
energy
resources
of
the
Outer
Continental
Shelf,
including
more
than 6,400
fluid
mineral leases
on
approximately 35
million
OCS acres;
issues
leases for
24
percent
of
domestic
crude
oil
and
8
percent
of
domestic
natural
gas
supply;
oversees lease
and grant
issuance
for offshore
renewable energy projects.
Bureau of Reclamation.
Manages,
develops,
and protects
water and
related resources,
including
476
dams
and
337
reservoirs;
delivers
water
to
one
in
every
five western farmers and
more than 31 million people; is America’s second-largest
producer of hydroelectric power.
Bureau of Safety and Environmental
Enforcement.
Regulates offshore oil and
gas
facilities on
1.7
billion acres
of the
Outer
Continental Shelf; oversees
oil spill response; supports
research
on technology
for oil
spill
response.
National Park
Service. Maintains
and manages 401 natural, cultural, and recreational
sites,
26,000 historic
structures, and more
than 44
million
acres of
wilderness;
provides outdoor
recreation;
provides technical
assistance
and support to state and
local programs.
Office of Surface Mining Reclamation and Enforcement.
Regulates coal mining and
site reclamation; provides grants to states and tribes for
mining over- sight; mitigates the effects of past
mining.
U.S. Fish and
Wildlife Service.
Manages
the
150-million-acre National Wild- life
Refuge System; manages 70 fish hatcheries and other related
facilities for endangered
species recovery;
protects
migratory
birds
and
some
marine
mammals.
U.S.
Geological Survey.
Conducts
scientific research in
ecosystems, climate, and land-use change, mineral assessments, environmental
health, and water
resources;
produces
information
about
natural
hazards
(earthquakes,
volcanoes,
and landslides);
leads
climate change
research
for the
department.
RESTORING
AMERICAN
ENERGY
DOMINANCE
Given
the
dire
adverse national
impact of
Biden’s war
on
fossil
fuels, no
other initiative is as
important for the DOI under a conservative President than
the restoration of the department’s historic role managing
the nation’s vast store-
house
of
hydrocarbons, much
of
which
is
yet
to
be
discovered.
The
U.S.
depends on
reliable
and cheap
energy
resources to
ensure the
economic
well-being of its citizens,
the
vitality of
its
economy, and
its
geopolitical standing in
an
uncertain and
dangerous
world.
Not
only
are
valuable
natural
resources
owned
generally
by the
American
people
involved,
so
too
are
those
owned
separately
by
American
Indian tribes
and
individual
American
Indians,
both
of
which
have
been
injured by
Biden’s illegal actions.
The federal government owns 61
percent of the onshore and offshore min-
eral
estate
of
the
U.S.,
but
only
22
percent
of
the
nation’s
oil
and
12
percent
of
U.S. natural gas
comes from those federal lands and waters—and even that
amount is
2025 Presidential
Transition Project
declining.
Additionally, 42 percent of coal production takes place on
federal lands
in
11
states.12 DOI
manages
a
subsurface
mineral estate
of
700
million acres
onshore and
1.76
billion acres
offshore,
for a
total of
2.46
billion acres.
The total land area of the U.S.
is 2.263 billion acres. Private and state lands, at 1.563 billion
acres,
make up
only 39
percent of
the total onshore
and
offshore subsurface area
of
the
United
States.
Oil,
natural
gas,
coal,
and
other
minerals
on
federal
lands and
waters
are
managed
by
the
Bureau
of
Land
Management,
Bureau of
Ocean
Energy
Management, and
Office of
Surface
Mining
Reclamation and
Enforcement;
these agencies’
responsibilities
frequently overlap with
resource management
by
the
U.S.
Forest
Service
in the
U.S.
Department
of
Agriculture,
state
governments, and
private
property owners.
Biden
is
“aligning
the
management
of…public lands
and
waters…to
support
robust
climate
action,” as
envisioned in
Executive Orders
14008 and
13990.13 One
of his
first
actions
was
to
ban
federal
coal, oil,
and
natural
gas
leasing
on
federal
lands
and
waters
to
fulfill
his
campaign
promise of
“no
federal
oil,” followed
by
actions from Interior
Secretary Deb Haaland to rescind the Trump Administration’s
Energy Dominance
Agenda. To
this end, DOI
unilaterally overhauled resource
management plans, lease
sales, fees, rents, royalty rates, bonding requirements, and permitting
processes
to
prevent
new
production
of
coal,
oil,
and
natural
gas
on federal lands and
waters; to dramatically increase production of solar and
wind energy;
and
to
accomplish
its
“30
by
30,”
“America
the
Beautiful”
agenda
to
remove
federal
lands
from
“multiple”—that is,
productive—use.
DOI is abusing
National
Environmental
Policy Act
(NEPA)14 processes,
the Antiquities
Act,15 and
bureaucratic
procedures to
advance a
radical climate
agenda, ostensibly
to reduce
greenhouse gas emissions,
for which
DOI has
no
statutory responsibility or authority.16
The Federal Land Policy and
Management Act (FLPMA),
Outer
Continental Shelf
Lands Act
(OSCLA),
General Mining
Law,17 and other
congressional acts clearly set forth multiple-use principles
and processes
that
include production
of
coal,
oil, natural
gas, and
other minerals,
as
legitimate activities
consistent with the welfare of all Americans and of
environmental
stewardship.
Biden’s
DOI
is
hoarding supplies
of
energy
and
keeping
them from
Americans whose
lives could
be improved
with
cheaper and
more
abundant energy
while making
the economy
stronger
and providing
job
opportunities for
Americans. DOI
is a
bad
manager
of
the
public
trust
and
has
operated
lawlessly
in
defiance
of
congressional statute and federal court orders.
ADMINISTRATION
PRIORITIES
Rollbacks.
A
new
Administration
must
immediately roll
back Biden’s
orders, reinstate
the
Trump-era Energy
Dominance
Agenda, rescind
Secretarial
Order (SO)
3398,
and
review
all
regulations,
orders,
guidance
documents,
policies,
and
Mandate for
Leadership: The Conservative
Promise
similar agency actions made in
compliance with that order.18
Meanwhile, the new
Administration
must
immediately
reinstate the following
Trump DOI
sec- retarial
orders:
•
SO
3348:
Concerning the
Federal
Coal Moratorium;19
•
SO 3349: American Energy Independence;20
•
SO
3350:
America-First Offshore
Energy
Strategy;21
•
SO
3351:
Strengthening the
Department
of the
Interior’s
Energy Portfolio;22
•
SO
3352:
National Petroleum
Reserve—Alaska;23
•
SO
3354:
Supporting
and
Improving
the
Federal
Onshore
Oil
and
Gas
Leasing Program
and Federal
Solid
Mineral Leasing
Program;24
•
SO
3355:
Streamlining
National
Environmental Policy Reviews
and Implementation
of
Executive
Order
13807,
“Establishing
Discipline
and Accountability
in
the
Environmental Review
and
Permitting
Process
for
Infrastructure
Projects”;25
•
SO
3358:
Executive Committee
for
Expedited Permitting;26
•
SO
3360:
Rescinding
Authorities
Inconsistent
with
Secretary’s
Order
3349,
“American Energy Independence;”27
•
SO
3380:
Public
Notice
of
the
Costs
Associated
with
Developing
Department
of the Interior Publications and Similar Documents;28
•
SO 3385:
Enforcement Priorities;29
and
•
SO 3389: Coordinating
and Clarifying National Historic Preservation Act
Section 106 Reviews.30
Actions.
At
the
same time,
the
new
Administration
must:
•
Reinstate
quarterly
onshore
lease
sales
in
all
producing
states
according
to
the model
of BLM’s
IM
2018–034, with
the slight
adjustment
of including
expanded public
notice and
comment.31
The new
Administration
should work with Congress
on
legislation, such
as the
Lease Now
Act32
and
2025 Presidential
Transition Project
ONSHORE
Act,33 to
increase
state participation
and
federal
accountability for
energy production on the federal estate.
•
Conduct
offshore
oil and
natural
gas lease
sales to
the maximum extent
permitted under the 2023–2028 lease program,34
with the possibility to
move
forward
under
a
previously
studied
but
unselected
plan
alternative.35
•
Develop
immediately
and
finalize
a
new
five-year
plan,
while
working
with
Congress
to
reform
the
OCSLA
by
eliminating
five-year
plans
in
favor
of
rolling or quarterly lease sales.
•
Review
all
resource
management
plans
finalized
in
the
previous
four
years
and, when
necessary,
select studied
alternatives to restore
the
multi-use concept enshrined
in
FLPMA
and
to
eliminate
management
decisions
that
advance the 30 by 30 agenda.
•
Set
rents,
royalty
rates,
and
bonding
requirements
to
no
higher
than
what
is
required under the Inflation Reduction Act.36
•
Comply
with
the Alaska
National
Interest Lands
Conservation Act (ANILCA)
and
the
Tax
Cuts
and
Jobs
Act
of
2017
to
establish
a
competitive
leasing
and
development program
in
the
Coastal
Plain,
an
area
of
Alaska
that
was
set
aside
by
Congress
specifically
for
future
oil
and
gas
exploration
and development.
It is
often
referred to
as the
“Section
1002 Area”
after the
section
of
ANILCA
that
excludes
the
area
from
Arctic
National
Wildlife
Refuge’s wilderness designation.37
•
Conclude
the
programmatic review of
the coal
leasing
program, and
work with
the
congressional
delegations
and
governors
of
Wyoming
and
Montana to
restart the program immediately.38
•
Abandon
withdrawals
of
lands
from
leasing
in
the
Thompson
Divide
of
the
White River
National
Forest, Colorado; the 10-mile
buffer
around Chaco
Cultural
Historic
National
Park
in
New
Mexico
(restoring
the
compromise
forged in
the
Arizona
Wilderness Act39);
and the
Boundary
Waters area
in
northern Minnesota
if
those
withdrawals have
not
been
completed.40 Meanwhile,
revisit associated
leases and
permits for
energy and
mineral production
in these
areas in
consultation
with state
elected
officials.
•
Require
regional
offices
to
complete
right-of-way
and
drilling
permits
within the
average
time it
takes
states in
the region
to complete
them.
Mandate for
Leadership: The Conservative
Promise
Rulemaking.
The following policy reversals
require rulemaking:
•
Rescind
the
Biden rules
and
reinstate the
Trump rules
regarding:
1.
BLM
waste
prevention;
2.
The
Endangered
Species
Act
rules
defining
Critical
Habitat
and
Critical
Habitat
Exclusions;41
3.
The
Migratory
Bird Treaty
Act;42 and
4.
CEQ
reforms
to NEPA.43
•
Reinstate
President
Trump’s
plan
for
opening
most
of
the
National
Petroleum Reserve
of Alaska
to leasing
and
development.
Personnel Changes.
The
new
Administration should be
able to
draw on
the enormous expertise of
state
agency personnel
throughout
the country
who are
capable and knowledgeable
about land management and prove it daily. States are
better
resource
managers than
the
federal
government
because they
must
live
with
the
results.
President
Trump’s
Schedule
F
proposal44 regarding
accountability
in
hiring must
be reinstituted to bring success to these reforms.
Consistent with the
theme of
bringing successful state resource management examples to
the forefront
of
federal
policy, DOI
should also
look for
opportunities
to
broaden state–federal
and tribal–federal
cooperative agreements.
IMMEDIATE
ACTIONS
BLM Headquarters.
BLM
headquarters
belongs in
the
American
West. After all,
the
overwhelming
majority of
the
245
million surface
acres (10
percent of
the
nation’s
landmass) managed
by
the
agency
lies in
the
11
western
states and
Alaska:
A
mere
50,000
surface
acres
lie
elsewhere.
Moreover,
97
percent
of
BLM
employees
are located in the American West.
Thus, the
Trump Administration’s decision to relocate BLM headquarters
from Washington,
D.C.,
to
the
West
was
the
epitome of
good governance:
That is,
it
was
not
only
well-informed,
but
it
was
also implemented
efficiently, effectively,
and
with
an
eye
toward affected
career civil
servants. Plus,
despite overblown
chatter from the
inside-the-Beltway
media,
Congress, with
bipartisan support,
approved funding the
move.
Meanwhile,
state, tribal, and local officials, the diverse collection
of stakehold- ers
who use
public
lands and
western
neighbors became accustomed
to having
top BLM decision-makers in Grand Junction, Colorado, rather
than up to four
2025
Presidential Transition
Project
time
zones away.
All
of
them also
appreciated that
the
BLM’s
top
subject
matter experts
were
located not
in the
District
of Columbia,
but in
the
western states
that most need their
knowledge and expertise. Westerners no longer had to travel
cross
country
to
address
BLM
issues.
Neither
did
officials
in the
West,
closest
to the
resources and people they manage.
On
July 16,
2019, Secretary
of
the
Interior David
L.
Bernhardt
delivered to
Con-
gress
the
proposal
for
the
relocation of
nearly 600
BLM
headquarters
employees.
On
August
10,
2020,
Secretary
Bernhardt formally
established the
Robert F.
Burford
headquarters—named
after
the
longest-serving
BLM
director,
a
Grand
Junction
native—with
a
staff
of
41
senior officials
and
assistants.
Another 76
positions were
assigned
to
BLM
state offices
in
western
communities such
as
Billings,
Montana;
Boise,
Idaho;
Reno,
Nevada;
Salt Lake
City, Utah;
and
Cheyenne,
Wyoming, to
meet critical
needs.
Scores of
other
positions were
assigned
to the states that
required BLM
expertise.
For example,
wild
horse
and
burro
professionals
were
relocated to
Nevada,
home
to
nearly
60
percent
of these
western
icons.
Sixty-one
positions
were
retained in
Washington,
D.C., to
address
public,
congressional,
and
regulatory
affairs, Freedom
of
Information Act
compliance,
and budget
development.
Despite
the
dislocating
impact of
the COVID-19 pandemic,
the BLM
success- fully filled hundreds of long-vacant positions, as well as those that
opened because of
the
move
West.
The
BLM
saw
notable
numbers
of
applicants
for
these
positions—
so numerous
that the
BLM capped
the number
of eligible
applicants to no
more than 50.
Obviously, reduced commuting times (often from hours to mere
minutes), lower
cost
of
living,
and
opportunity
to
access
vast
public lands
for
recreation
made
these
jobs
attractive
to potential
employees.
Many,
if
not
most,
applicants
stated
they would not have
applied had the positions been based in Washington, D.C. At
the same time,
western
positions
attracted those
with the
skills
needed to
meet the
BLM’s
multiple-use,
sustained-yield mandate, disproving
the claim
that the
BLM was suffering a
“brain
drain.”
The
Trump Administration
recognized that,
despite its
attractions, not
every-
one
employed by
BLM
in
Washington,
D.C.,
could move
West.
The
Administration applied
a
hands-on
approach,
with all-employee
briefing
and
question-and-answer
sessions, regular
email
communications,
and
a
website
devoted to
frequently
asked questions. Two
human
resources teams
aided
employees wishing
to remain
in federal
jobs in the
D.C. area:
All
received new
opportunities.
The
BLM’s move
West incurred
no
legal
challenges, no
formal Equal
Employ- ment
Opportunity or U.S.
Merit
Systems
Protection Board
complaints,
and no
adverse
union
activity.
It
is
hard
to
please
everyone,
but
the
Trump
Administra- tion’s
BLM
did
just
that,
putting
the lie
to
assertions,
by
some,
that
the
BLM
was trying
to “fire”
federal
employees.
The
total cost
of
$17.9
million for
relocation incentives,
permanent change-of-
station moves, temporary labor, travel, printing, rent,
supplies, equipment, and
Mandate for
Leadership: The Conservative
Promise
other contracts will
save money
for the
American
people. For
example,
in fiscal 2020,
the BLM estimated $1.6 million in travel costs savings,
which will grow slightly
over time,
and
$1.9
million
in
savings
from
its
terminated
lease
in
Wash-
ington, D.C.
Furthermore,
BLM
estimated that,
by October
2022, the
BLM move
West would generate a net
savings of $3.5 million, which, the following fiscal year,
would increase to $10.3 million.
Those
funds
can
be
devoted
to
reducing
the
risk
of
wildfires,
increasing recre- ational
opportunities,
conserving
public lands,
and
addressing
tough issues
such as wild
horses and
burros. Moreover,
those funds
will be
used more
wisely thanks
to the efficiency of senior,
seasoned managers working closely with BLM field
employees
in
near
daily
contact
with
western
officials,
stakeholders,
and
neighbors.
In late 2022, Secretary of the Interior Deb Haaland
announced the return of
headquarters
and
scores
of
highly
paid,
senior
employees
to
Washington,
D.C.
Sub-
sequently, BLM
Director
Tracy
Stone-Manning
revealed 56
BLM jobs
in BLM’s
“Western Headquarters” and
70 other
BLM jobs
will
remain in
Grand
Junction, an
increase
of 15
from
the
41
announced
by
Trump’s
BLM
in
2019,
and
an
increase of
40
other
jobs
above
the
16
first
announced
by Biden
officials.
Thus,
the
director, the
two
deputy
directors,
six of
seven
assistant
directors
(ADs)
and
their
staffs
are
now
or
soon
will be
in
Washington.
The
Biden Administration
failed to
recognize the
wisdom of
having BLM’s
lead-
ership,
including
its
director,
deputy directors,
and
ADs
in
the
West. That
is
why,
decades ago, the AD and staff in charge of BLM’s
firefighters were relocated to Boise,
Idaho,
where
they
remain.
Not
so
the
head
of
BLM
law
enforcement
and
security,
who
supervises
over 200
uniformed law
enforcement rangers
and
76
special agents
stationed
mainly in
11
western
states and
Alaska. Haaland
moved that
official to
Washington,
far from state troopers, county sheriffs and deputies, and
city police
with whom BLM law enforcement officers keep the peace in
the West’s wide-open
spaces. BLM’s
“top cop”
might as
well be
on the
moon.
The
AD
in
charge of
oil, gas,
and
minerals
was
also
moved to
Washington, D.C.,
notwithstanding
that most
oil, gas,
and
minerals
are
in
the
West
and
Alaska;
New
Mexico’s Permian Basin, for example, is second only to Alaska in
petroleum poten-
tial,
and
Montana
and
Wyoming’s
Powder River
Basin contains
the
world’s
best
low-sulfur coal. The AD responsible for wild horses and burros was moved
east as well, despite the fact that the uncontrolled growth
of wild horses and burros poses
an existential threat
to public
lands; 60
percent of
the
nation’s wild
horses are
in Nevada,45
but
thousands
are in nine other
western
states. There
is no
way these
and
other ADs
can
professionally
manage
issues
thousands
of
miles
and
multiple
time zones away.
It
is
not
just effective
and
responsive
management that
has
been
lost; Colorado
lost
its
chance to
become a
must-visit destination
for
BLM’s
stakeholders.
Those
seeking
to
develop
world-class mineral
deposits in
Minnesota or
another Prudhoe
2025
Presidential Transition
Project
Bay
in
Alaska;
to
expand
recreation across
BLM’s vast,
diverse, and
unique land-
scapes;
or
to
manage timber
and
rangelands
to
prevent
wildfires, would
all
journey
to
Grand
Junction. Convention
opportunities
on
Colorado’s western
slope would
abound for BLM’s disparate
constituencies to congregate and meet with BLM
leadership.
The
Western
States
Sheriffs’
Association,
for
example,
whose
annual
gathering
attracts
hundreds
of
law
enforcement
officers
from
17
western
and
plains
states might
have moved
its event
to Grand
Junction.
Law
Enforcement Officers.
In 2002, at the direction of the
Secretary of the Interior
in the
days
following the 9/11
attack,
the Inspector
General
(IG) for
DOI made
a
series
of
department-wide
recommendations
regarding
law
enforcement.
Then-Secretary of the Interior Gale Norton ordered
adoption of those recom-
mendations, which drew strong bipartisan support from
Congress. Over the years,
most
were
implemented. One,
however,
remained
undone:
placing
all
BLM
law
enforcement officers (LEOs), that is, its 212 Law
Enforcement Rangers and 76 Special
Agents, in
an exclusively law
enforcement chain of
command.
This
was
not
just the
IG’s recommendation
in
2002,
but
that
of
every
IG
who
fol-
lowed.
It
is
also the
strong recommendation
of
the
department’s top
LEO. Moreover,
it
has
been the
urgent recommendation
of
law
enforcement professionals
across
the
country,
especially in
the
West,
for
decades,
including the
Western States
Sher- iffs Association.
Unfortunately,
over
time, BLM
leadership stonewalled,
adhering
to
a
haphazard
system in
which LEOs
reported to
non-LEO superiors,
including
not
only
state
directors, but
also district
and
field
managers with
expertise in
other fields—range
management
or
petroleum
engineering, for
example—with only
24 hours of
law
enforcement
study. Obviously,
those managers
lack a
comprehensive
understanding of
law
enforcement issues—constitutional,
legal, and
tactical.
In addition,
they
do
not
uniformly
apply
or
enforce
rules
of
conduct
or
ethical
stan- dards
for
LEOs
and
special
agents, leading
to
weakened
esprit
de
corps
and
morale.
Worse yet, because
of their
duties as
managers of
the multiple-use lands
under their
jurisdiction,
they
are
exposed
to
conflicts
of
interests
and
may
intentionally
or unintentionally
prevent
LEOs
from
investigating
violations
or
applying
the
law. In
the final
days of
the Trump
Administration, Secretary David
L.
Bernhardt ordered, and
Deputy
Director
William
Perry
Pendley
implemented,
the
IG’s
recom-
mendation.
Of
course,
leadership
heads
exploded;
they
were
furious
with
their
loss
of
authority,
not to
mention
subordinates
and
budgets.
Unfortunately,
in
the
first days
of
the
Biden
Administration, BLM
Deputy
Director
Mike
Nedd
suspended
Pendley’s
order.
Nonetheless,
LEOs, the
BLM, and
westerners want
LEOs—who make
life-and-
death decisions—to be as well-trained and well-equipped as possible. They
should
report
to
a
professional,
expert,
and
knowledgeable
chain of
command. After
all,
they protect visitors to BLM lands and the natural and cultural resources
of those lands,
as well
as the
employees
who manage
those
lands.
Mandate for
Leadership: The Conservative
Promise
BLM’s
LEOs must
keep in
touch, work
closely, and
coordinate with
fellow fed- eral,
state, and local law enforcement officers. In the Trump
Administration, they joined state and local law enforcement
in arresting dangerous suspects in Cortez,
Colorado;
responded to a request from a rural sheriff in Arizona to
rescue a family
stuck
in
freezing temperatures;
and, teamed
up
in
an
all-hands-on-deck
effort to
locate
a missing
American
Indian teenager
in rural
Montana.
More important,
western
LEOs need
the
assurance
that
the
BLM
LEOs
with
whom
they
work
are
professionals who
report
through a
professional
chain of
command.
Wild Horses
and Burros.
In
1971,
Congress ordered
the BLM
to manage
wild horses and burros to ensure their iconic
presence never disappeared from the
western
landscape.
For
decades,
Congress
watched
as
these
herds
overwhelmed
the land’s
ability
to
sustain
them,
crowded
out
indigenous
plant
and
other
animal
species,
threatened the
survival
of species
listed
under the
Endangered Species Act, invaded private
and permitted public land, disturbed private property
rights, and turned the sod into concrete. BLM experts said
in 2019 that some affected land will
never
recover from
this
unmitigated damage.
There
are
95,000
wild horses
and
burros
roaming nearly
32
million
acres in
the West—triple
what
scientists and
land management
experts say
the
range
can
sup-
port.
These
animals face
starvation and
death from
lack of
forage and
water. The
population
has
more
than doubled
in
just
the
past
10
years
and
continues
to
grow
at a
rate of
10
to
15
percent
annually. This
number includes
the
more
than 47,000
animals the
BLM has already gathered from public lands, at a cost to the
American taxpayer
of nearly
$50 million
annually to
care for them
in
off-range corrals.
This
is
not
a
new
issue—it is
not
just
a
western
issue—it is
an
American
issue.
What
is
happening
to
these
once-proud beasts
of
burden
is
neither
compassionate
nor humane, and what these animals are doing to federal
lands and fragile ecosys-
tems
is
unacceptable. In
2019, the
American
Association of Equine
Practitioners and the American Veterinary Medication Association—two of the largest
organi- zations
of
professional veterinarians
in
the
world—issued
a
joint
policy
calling
for
further
reducing
overpopulation
to
protect
the
health
and
well-being
of
wild
horses
and
burros
on
public
lands.
The
National
Wild Horse
and
Burro
Advisory
Board,
a panel
of
nine
experts
and
professionals
convened
to
advise
the
BLM,
endorsed
the joint policy.
Furthermore, animal welfare organizations such as the
American Society
for the
Prevention of Cruelty
to Animals
and the
Humane
Society of
the United States recognize
that the
prosperity of wild
horses and
burros on
public lands is threatened
if herds
continue
to grow
unabated.
The
BLM’s multi-pronged
approach in
its
2020
Report to
Congress46 included
expanded adoptions and
sales of horses gathered from overpopulated herds;
increased
gathers
and
increased
capacity
for
off-range
holding
facilities
and
pas- tures;
more effective use of fertility control efforts; and
improved research, in
concert
with the
academic
and
veterinary
communities,
to
identify
more
effective
2025 Presidential
Transition Project
contraceptive
techniques and strategies.
All of
that will
not be
enough to
solve the
problem,
however.
Congress
must
enact
laws
permitting
the
BLM
to
dispose
humanely of these animals.
IMMEDIATE
ACTIONS
REGARDING
ALASKA
Alaska
is a
special
case and
deserves
immediate action.47 When Alaska was admitted
to the
Union in
1959,
nearly its
entire
landmass was
federally
owned; therefore, Alaska was granted the right to select 104
million acres (out of 375
million
acres)
to
manage
for
the
benefit
of
its
residents.48 In
less
than
eight years,
Alaska selected 26 million
acres. Then-Interior Secretary Stewart Udall—who
served
during
the
Kennedy
and
Johnson
Administrations—put
a
freeze
on
further
land selections
to
protect
any
claims
that
might
be
asserted
by
Native
Alaskans.49 Alaska Native Claims Settlement Act.
The discovery of oil at Prudhoe
Bay in 1968
made
resolution
of the
issue
by
Congress
a
matter
of
urgency.
As
a
result,
in
1971,
Congress
passed
the
Alaska
Native
Claims
Settlement
Act
(ANCSA),
which
allowed
the
Native
community to
select 44
million acres.50
Environmentalists, upset that too much of the land they
coveted would be selected
by
the
state
and
Native
Alaskans
for development,
demanded
the
inclusion
in the
act
of
a
provision—Section
17(d)(2)—that
ordered the
Interior
Secretary
to
withdraw
80
million acres for future
designation by Congress as parks, refuges, wild and scenic
rivers,
and
national
forests.51 The
deadline
for
this
congressional
action
was
1978,
and
as
it
neared,
the
Carter
Administration,
impatient
and
worried,
decided to
force
Congress’s hand. The Administration unilaterally withdrew 100 million
acres from
any
use
by
the
state
or
Native
Alaskans.52
Alaska
promptly
sued, charging
that the
Administration
had
failed
to
comply
with the
National Environmental
Policy Act.53
In a lame duck session at the
end of 1980, Congress passed (over the objec-
tions of the Alaskan delegation) the Alaska National Interest Lands
Conservation Act,
which
revoked
all
of
the
withdrawals
of
the
Carter
Administration
and
sub-
stituted congressional designations that put 100 million
acres permanently in
federal enclaves, doubled the acreage of national parks and
refuges, and tripled the
amount
of
land
declared
to
be
wilderness.54 Through
all
of
this, Alaska
pressed for
the
DOI
to
convey
the
lands
to
which
Alaska was
entitled by
federal law,
but
the
department
grudgingly
transferred only portions
of that
land.
By
the
time
Ronald Reagan
took office,
Alaska had
received less
than half
the
lands
to
which
it
was
entitled after
its
admission
into the
Union, and
Native Alas-
kans
had
received only
one-third of
the
land
due
to
them.55 From
January
of
1981
through
1983, however,
under Reagan,
Alaska received
30
million
acres and
a
com-
mitment of land transfers
at the rate of 13 million acres annually. In the same
period, Native
Alaskans
received 11
million
acres, which
constituted nearly 60 percent
of their
entitlement, and an
additional 15 million
acres were
transferred by the end of 1988.56
Mandate for
Leadership: The Conservative
Promise
Despite
the passage
of nearly
40 years
since the
end of
the Reagan
Adminis- tration,
the
federal
government
has
yet
to
fulfill
its
statutory
obligation
to
Alaska and
Alaska
Natives—specifically,
each group
has 5
million
acres of
entitlement remaining.
Standing
in the
way
are
Public
Land
Orders
(PLOs)
issued
by
the
BLM
seizing
that land
for
the
agency.
Those
PLOs
must
be
lifted
to
permit
Alaska
and Alaska
Natives
to select
what
was
promised
by
Congress.
For
example, revocation
of
PLO
515057 will
provide
the
state
of
Alaska
1.3
million
acres
of
its
remaining
state entitlement.
This revocation
should be
a
top
priority. BLM
recommended this revocation
in the
2006
report to
Congress
based on
the Alaska
Land
Transfer
Acceleration
Act,
and
the
Interior
Secretary
has
authority to
revoke
based
on
the
Alaska
Native
Claims
Settlement
Act under
section
d(1).58 All
other
remaining
BLM
PLOs—all
of
which
are
more
than 50
years old—should
be revoked immediately.
Alaska has
untapped potential for increased oil production, which is
important not just to the revitalization of the nation’s
energy sector but is vital to the Alaskan
economy.
One-quarter
of
Alaska’s
jobs
are in
the
oil
industry,
and half
of
its
overall
economy depends on that industry. Without oil production, the Alaskan
economy would be half its size.
A
new
Administration
must take
the
following
actions immediately:
•
Approve
the
2020
National Petroleum
Reserve
Alaska Integrated Activity Plan
(NPRA-IAP)
by
resigning
the
Record
of
Decision.
(Secretary
Haaland’s
order reverted
to the
2013 IAP,
the science
for which
is out
of date,
unlike the 2020 IAP.)
•
Reinstate
the
2020
Arctic National
Wildlife
Refuge
Environmental Impact Statement
(EIS) by
secretarial
order and
lift the
suspension
of the
leases.
•
Approve
the
2020
Willow
EIS,
the
largest
pending
oil
and
gas
projection
in
the United
States in
the
National
Petroleum Reserve-Alaska, and
expand approval from three
to five
drilling
pads.59
Minerals. Alaska is not
just blessed with an abundance of oil, it has vast untapped
mineral
potential.
Therefore, the
new
Administration must immedi- ately
approve
the Ambler
Road
Project60 across BLM-managed lands,
pursuant to the Secretary’s authority under the
ANILCA and based on the Final Envi- ronmental Impact
Statement on the project.61
This will permit
construction of a
new
211-mile roadway
on the south side
of the
Brooks
Range, west
from the
Dalton Highway to the
south bank
of the
Ambler
River, and
open the
area only
to mining-related
industrial
uses, providing
high-paying
jobs in
an area
known for unemployment.
2025 Presidential
Transition Project
Wildlife and Waters.
Throughout Alaska’s history, the federal government
has
treated
Alaska
as
less
than
a
sovereign
state.
This
is
especially
the
case
when it
comes to two of Alaska’s most valued resources, its wildlife
and its waters. Immediate
action is
required
to
end,
at
least
in
part,
this
injustice.
A
new
Admin-
istration should:
•
Revoke
National
Park
Service and
U.S. Fish
and
Wildlife Service
rules regarding
predator
control
and
bear
baiting,
which
are
matters
for
state regulation.
Such
revocation
is permitted
under
the
2017
Congressional
Review Act.62
•
Recognize
Alaska’s
authority
to manage
fish and
game on
all federal
lands in
accordance
with
ANILCA
as
during
the
Reagan
Administration,
when each
DOI
agency
in
Alaska
signed
a
Memorandum
of Understanding
with
the
Alaska
Department
of Fish
and
Game
ceding
to
the
state
the
lead
on
fish and
wildlife management matters.63
•
Issue
a
secretarial order declaring
navigable
waters in
Alaska to
be owned by
the state so
that the
lands
beneath these
waters
belong to
Alaska.
This will force
the BLM
to prove
that water
is not
navigable, since in
the case
of
non-navigability,
any
submerged
lands
belong
to
the
BLM.
Currently,
BLM requires
Alaska
to
prove
navigability at
its
own
expense—including
the
BLM’s
preposterous assertion
that
the
mighty
Yukon
River
is
non-navigable.
•
Reinstate
President
Trump’s
2020 Alaska
Roadless
Rule64
for
the Tongass
National Forest
in
Alaska,
which
was
replaced
by
a
Biden
Roadless
Rule that
continues
a
2001
Clinton
rule
affecting
9.37 million
of
the
forest’s
16.7
million acres.65
The Clinton
rule
affects an
area where
communities
are in
small islands
with
no
road
access.
It
has
prevented
multiple
infrastructure
projects,
including
roads, electric
transmission
lines,
and
water
and
sewer
projects, and
it forces
residents
to use
a heavily
subsidized ferry system. Logging
has been
shut down
to the
extent that
New York
harvests
more timber than does all of Alaska.
OTHER
ACTIONS
The 30 by 30 Plan.66
President Biden’s
Executive Order 14008 (30 by 30 plan)67 requires
that the
federal
government, which
already
owns one-third
of the
country: (1)
remove vast
amounts of
private
property from
productive
use; and (2) end congressionally mandated uses of all
federal land. The end result
will
be
“total
federal
control
of
an
additional
440
million
acres
of
land
or
oceans in
the U.S. by 2030.”68
Mandate for
Leadership: The Conservative
Promise
Although
the
new
President should
vacate that
order, DOI
under a
conservative President
must take
immediate action on
the 30
by 30
plan by
vacating a
secre- tarial
order
issued
by
the
Biden
DOI69 that
eliminated
the
Trump
Administration’s requirement
for
the
approval of
state and
local governments
before federal
acquisi-
tion
of
private
property with
monies from
the
Land
and
Water
Conservation Fund.70 National Monument Designations.
As has every Democratic
President before him
beginning
with Jimmy
Carter,
Joe
Biden
has
abused
his
authority
under
the
Antiquities Act
of
1906.
Like
the
outrageous,
unilateral
withdrawals
from
public
use of
multiple
use
federal
land
under
the
Carter,
Clinton,
and
Obama
Administrations,
Biden’s
first
national
monument
was
one
in
Colorado—adopted
over
the
objections
of scores
of
local
groups
and
at
least
one
American
Indian
tribe.71 In
the
days
before
the
2024
election,
Biden will
likely designate
more western
monuments.
Although
President
Trump
courageously
ordered a
review of
national
mon- ument designations, the result of that review was
insufficient in that only two national monuments in
one state
(Utah)
were adjusted.72 Monuments
in Maine
and Oregon, for example,
should have been adjusted downward given the finding
of
Secretary
Ryan
Zinke’s
review
that
they
were
improperly
designated.
The
new
Administration’s
review will
permit a
fresh look
at past
monument
decrees and new
ones by President Biden.
Furthermore,
the
new
Administration
must
vigorously defend
the
downward
adjustments
it
makes
to
permit
a
ruling
on
a
President’s authority
to
reduce
the size
of
national
monuments by the
U.S.
Supreme Court.
Finally,
the new Administration must seek repeal of the Antiquities
Act of 1906, which permitted emergency action by a President
long before the statutory author-
ity
existed
for
the
protection of
special federal
lands, such
as
those
with wild
and scenic
rivers,
endangered
specials, or
other
unique places.
Moreover,
in recent
years, Congress
has
designated
as
national
monuments
those
areas
deserving
of such
congressional action.
Oregon and
California Lands Act.
One
national
monument worthy
of down-
ward
adjustment
is
in
Oregon,
where
its
designation
and
subsequent
expansion
interfere with the federal obligation to residents to
harvest timber on its BLM lands.
A federal
district
court ruled
in 2019
that land
subject to
the Oregon and California
(O&C)
Grant Lands
Act of
193773 was set aside
by
Congress to
be har-
vested
for
the
benefit
of
the
people
of
Oregon.
Specifically,
those
federal
lands
are to
be
“managed…for
permanent
forest
production”
and
its
timber
“sold,
cut,
and removed
in
conformity with
the
princip[le] of sustained
yield.”74
As the district
court
concluded,75 beginning
in 1990,
the federal
government erected a trifecta
of illegal
barriers
to the accomplishment of
the
congressional mandate, beginning
with
a
response
to
the
listing
of
the
northern
spotted
owl,76 continuing
a
decade
later with
the
designation
of
the
Cascade–Siskiyou
National
Monument,77 and
concluding
in
2017
with an
expansion of
that monument.78 In
2025 Presidential
Transition Project
order to
fulfill the yet-unaltered congressional mandate contained in
federal law,
to
provide
for
jobs
and
well-paying
employment opportunities
in
rural
Oregon, and to
ameliorate the
effects of
wildfires, the
new
Administration
must immedi- ately
fulfill its
responsibilities
and
manage the
O&C lands
for
“permanent
forest production”
to ensure
that the
timber is
“sold,
cut, and
removed.”79
NEPA Reforms.
Congress never
intended for the National Environmental
Policy
Act
to
grow
into
the
tree-killing, project-dooming,
decade-spanning
mon- strosity
that
it
has
become.
Instead,
in
1970,
Congress
intended
a
short,
succinct,
timely presentation of information regarding major federal
action that signifi- cantly
affects
the quality
of the
human
environment so
that
decisionmakers
can make informed
decisions
to benefit
the
American people.
The Trump Administration
adopted
common-sense NEPA
reform
that must
be
restored
immediately.
Meanwhile,
DOI
should
reinstate
the
secretarial
orders
adopted by
the Trump
Administration,
such as
placing
time and
page limits
on NEPA
documents
and setting
forth—on
page
one—the
costs of
the
document
itself.
Meanwhile,
the
new
Administration should
call
upon
Congress
to
reform
NEPA
to meet its original
goal. Consideration should be given, for example, to
eliminat- ing
judicial
review of
the
adequacy
of
NEPA
documents
or
the
rectitude
of
NEPA
decisions.
This would
allow
Congress
to
engage
in
effective
oversight
of
federal
agencies when prudent.
Settlement Transparency.
Interior
Secretary
David Bernhardt
required
DOI to prominently display
and provide open access to any and all litigation
settlements into
which DOI
or its
agencies
entered, and
any attorneys’ fees
paid for
ending the
litigation.80 Biden’s
DOI,
aware
that the
settlements into
which it
planned to
enter
and
the
attorneys’
fees it
was
likely
to
pay
would cause
controversy, ended
this
policy.81 A new Administration
should
reinstate it.
The Endangered
Species
Act.
The
Endangered
Species Act
was
intended to bring endangered and threatened species back
from the brink of extinction and,
when
appropriate, to
restore
real habitat
critical
to the survival of
the spe-
cies. The
act’s
success
rate,
however,
is
dismal.
Its
greatest
deficiency,
according
to one renowned expert, is “conflict of interest.”82 Specifically, the work of the
Fish and
Wildlife
Service
is
the
product
of
“species
cartels”
afflicted
with
group-
think,
confirmation bias, and
a common
desire to
preserve
the prestige,
power, and
appropriations
of
the
agency
that
pays
or
employs
them.
For
example,
in
one highly
influential sage-grouse monograph, 41 percent of the authors
were federal
workers.
The
editor,
a
federal
bureaucrat,
had
authored
one-third
of
the
paper.83
Meaningful reform of the
Endangered Species Act requires that Congress take action to
restore its
original
purpose and
end its use
to seize
private
prop- erty,
prevent
economic
development,
and
interfere
with
the
rights
of
states
over
their wildlife
populations. In the meantime, a new Administration should
take the following immediate action:
Mandate for
Leadership: The Conservative
Promise
•
Delist
the
grizzly
bear in
the
Greater
Yellowstone and Northern
Continental Divide
Ecosystems
and
defend
to
the
Supreme
Court
of
the United
States the
agency’s
fact-based decision to
do so.84
•
Delist
the
gray
wolf
in
the
lower
48
states
in
light
of
its
full
recovery
under the ESA.85
•
Cede
to western states jurisdiction over the greater sage-grouse,
recognizing the
on-the-ground
expertise
of
states
and
preventing
use of
the
sage-grouse to
interfere
with public
access to
public
land and economic
activity.
•
Direct
the
Fish and
Wildlife
Service to
end its
abuse of
Section 10(
j) of the ESA
by
re-introducing
so-called
“experiment
species”
populations into areas that
no longer
qualify as
habitat
and lie
outside
the historic
ranges
of
those species,
which brings
with it
the
full
weight of
the
ESA
in
areas previously
without
federal
government
oversight.86
•
Direct
the
Fish
and
Wildlife
Service
to
design
and
implement
an
impartial
conservation
triage program
by
prioritizing the allocation
of limited
resources to maximize conservation
returns,
relative to
the
conservation goals, under a constrained budget.87
•
Direct
the
Fish and
Wildlife
Service to
make all
data used
in ESA
decisions available
to the
public,
with limited
or no
exceptions, to fulfill
the
public’s right to
know
and
to
prevent
the
agency’s
previous
opaque
decision-making.
•
Abolish
the Biological Resources Division of the U.S. Geological
Survey
and obtain
necessary
scientific
research about
species of
concern
from universities via competitive
requests
for proposals.
•
Direct
the
Fish and
Wildlife
Service to:
(1) design
and
implement an
Endangered Species Act
program
that ensures
independent decision- making by
ending
reliance on
so-called
species
specialists who
have obvious
self-interest, ideological bias, and land-use agendas; and
(2) ensure conformity with the Information Quality
Act.88
Office of
Surface Mining. The
Office of Surface Mining Reclamation and
Enforcement
(OSM)
was
created
by
the
Surface
Mining
Control
and
Reclamation
Act of
1977
(SMCRA)89 to
administer
programs for
controlling the
impacts of
surface
coal
mining
operations.
Although
the
coal
industry is
contracting, coal
constitutes
2025 Presidential
Transition Project
20 percent
of the nation’s electricity and is a mainstay of many
regional economies.
The
following actions
should ensure
OSM’s ability
to
perform
its
mission
while com-
plying
with
SMCRA
and
without interfering
with the
production of
high-quality American
coal:
•
Relocate
the OSM Reclamation and Enforcement headquarters to
Pittsburgh, Pennsylvania,
to
recognize
that
the
agency
is
field-driven
and should
be
headquartered in
the coal
field.90
•
Reduce
the
number of
field
coal-reclamation
inspectors to recognize
the industry is smaller.
•
Reissue
Trump’s
Schedule
F
executive
order
to
permit
discharge
of
nonperforming
employees.91
•
Permit
coal
company
employees to
benefit
from the
OSM
Training Program, which
is
currently
restricted
to
state
and
federal
employees.
•
Revise
the
Applicant
Violator
System,
the
nationwide
database
for
the
federal and
state
programs, to
permit
federal and
state
regulators to consider extenuating circumstances.
•
Maintain
the
current
“Ten-Day Notice”
rule,
which requires
OSM to
work with
state
regulators
in
determining
if
a
SMCRA
violation
has
taken
place
in
recognition of
the fact
that a
coal mining
state with
primacy has
the lead
in implementing state and federal law.
•
Preserve
Directive
INE-26,
which relates
to
approximate
original contour,
a critical
factor in
permitting
efficient and environmentally
sound
surface mining, especially in Appalachia.92
Western Water
Issues.
The American West,
from the
Great
Plains to
the Cas-
cades
Range,
is
arid,
as
recognized
by
John
Wesley
Powell
during
his
famous
trip
across
a
large
part
of
its
length.
Pursuant
to
an
Executive
Order
signed
by
President
Trump, and
consistent
with
its
authority
along
with
other
federal
agencies,
DOI’s
Bureau of
Reclamation
must take
the
following actions:
•
Develop
additional storage
capacity
across the
arid
west, including
by:
1.
Updating
dam
water
control
manuals
for
existing
facilities
during
routine operations; and
Mandate for
Leadership: The Conservative
Promise
2.
Engaging in real-time monitoring of
operations.
•
Reduce
bureaucratic
inefficiencies
by
consolidating
federal
water
working groups.
•
Implement
actions
identified
in
the
Federal
Action
Plan
for
Improving
Fore-
casts
of
Water
Availability,93 especially
by
adopting
improvements
related
to:
1.
Forecast Informed
Reservoir
Operations; and
2.
Arial
Snow
Observation Systems.
•
Clarify
the
Water
Infrastructure
Finance and
Innovation
Act94
to ensure
consistent application with
other
federal
infrastructure loan programs under
the Federal
Credit
Reform Act.
This should
be done
to foster
opportunities for
locally led
investment
in water
infrastructure.
•
Reinstate
Presidential
Memorandum
on
Promoting
the
Reliable
Supply
and Delivery
of Water
in the
West.95
AMERICAN
INDIANS AND
U.S. TRUST
RESPONSIBILITY
The Biden Administration has
breached its federal trust responsibilities to American
Indians. This is unconscionable. Specifically, the Biden
Administra- tion’s war on domestically available fossil
fuels and mineral sources has been devastating. To wit:
•
The
ability of
American
Indians and
tribal
governments to develop
their abundant
oil
and
gas
resources
has
been
severely
hampered,
depriving
them of
the
revenue
and
profits
to
which
they
are
entitled
during
a
time
of
increasing
worldwide
energy
prices,
forcing
American
Indians—who
are among
the poorest
Americans—to choose between
food and
fuel.
•
Indian
nations
with significant
coal
resources have
some of
the highest quality
and
cleanest-burning
coal
in
the
world,
but
the
Biden
Administration has
sought to
destroy the
market for
their coal
by
eliminating
coal-fired electricity
in
the
country and
to
prevent
the
transport of
their coal
for
sale
internationally.
Meanwhile,
the
Biden
Administration, at
great
public expense,
artificially boosted the
demand for
electric
vehicles,
which, because
of
their
remote locations,
the
absence
of
increased
electricity
demands for charging electric vehicles nearby, and the
distances to
be
traveled, are
not a
choice for
Indian
communities.
2025
Presidential Transition
Project
•
A
significant
percentage of critical
minerals
needed by
the United
States is
on
Indian
lands,
but
the
Biden
Administration
has
actively
discouraged
development
of
critical
mineral mining
projects on
Indian lands
rather than
assisting in their advancement.
•
Despite
Indian
nations having
primary
responsibility
for their
lands and
environment and
responsibility for the
safety of
their
communities, the
Biden
Administration
is
reversing
efforts
to
put
Indian
nations
in
charge
of
environmental
regulation on their
own lands.
Moreover,
Biden Administration
policies, including
those of
the
DOI,
have dis-
proportionately
impacted
American Indians
and Indian
nations.
•
By
its failure
to
secure the
border,
the Biden
Administration
has
robbed
Indian
nations on
or near the
Mexican
border of
safe and
secure communities
while
permitting
them
to
be
swamped
by
a
tide
of
illegal
drugs,
particularly
fentanyl.
•
When
ending
COVID
protocols
at
Bureau
of
Indian
Education
(BIE)
schools,
Biden’s DOI
failed to
ensure an
accurate
accounting of students
returning from school shutdowns,
which
presents a
significant
danger to
the
families that trust their children to that federal agency.
•
The
BIE is
not
reporting student
academic
assessment data to
ensure parents
and
the
larger
tribal
communities
know
their
children
are
learning
and are
receiving a quality
education.
The new
Administration must take the following actions to fulfill
the nation’s trust
responsibilities to American Indians and Indian nations:
•
End
the
war on
fossil
fuels and
domestically available minerals
and facilitate
their
development
on
lands
owned
by
Indians
and
Indian
nations.
•
End
federal mandates
and
subsidies of
electric
vehicles.
•
Restore
the
right of
tribal
governments to
enforce
environmental regulation on their lands.
•
Secure
the
nation’s
border
to
protect
the
sovereignty
and
safety
of
tribal lands.
Mandate for
Leadership: The Conservative
Promise
•
Overhaul
BIE
schools to
put parents
and their
children
first.
Finally,
the new
Administration should seek
congressional reauthorization of the
Land
Buy-Back Program
for Tribal
Nations,96
which
provided a
$1.9 bil-
lion Trust
Land
Consolidation Fund to
purchase
fractional
interests in
trust or
restricted land from
willing sellers at fair market value, but which sunsets
Novem- ber
24, 2022.
New funds
should come
from the
Great
American Outdoors
Act.97
AUTHOR’S NOTE:
The preparation of this chapter was a collective enterprise
of individuals involved in the
2025 Presidential
Transition
Project.
All
contributors
to
this
chapter
are
listed
at
the
front
of
this
volume,
but
some
deserve special
mention.
Kathleen
Sgamma,
Dan
Kish,
and
Katie
Tubb
wrote
the
section
on
energy
in
its
entirety.
I
received thoughtful,
knowledgeable, and swift assistance from Aubrey Bettencourt,
Mark Cruz, Lanny Erdos, Aurelia
S. Giacometto, Casey Hammond,
Jim
Magagna, Chad Padgett,
Jim Pond, Rob Roy Ramey II, Kyle E. Scherer, Tara
Sweeney, John Tahsuda,
Rob Wallace,
and Gregory Zerzan. The
author alone assumes responsibility for the content
of this
chapter;
no views
expressed herein should
be
attributed to
any other
individual.
2025 Presidential
Transition Project
ENDNOTES
1.
See
generally
William
Perry
Pendley,
Sagebrush Rebel: Reagan’s Battle with
Environmental Extremists and
Why
It Matters
Today
(Regnery,
2013),
preface, pp.
xvi-xxii.
2.
U.S. Const. art. IV,
§
3, cl. 2. “The Congress shall have Power to
dispose of and make all needful
Rules
and
Regulations
respecting the
Territory
or other
Property
belonging to
the United
States.”
3.
In Wyoming, the federal government owns 48 percent of the
land; in Wyoming’s Teton County, the federal government
owns
97
percent
of
the
land.
4.
Pendley,
Sagebrush
Rebel.
5.
Keith Schneider, “The 1992
Campaign; Bush on the Environment: A Record of
Contradictions,”
New
York Times, July
4, 1992,
https://www.nytimes.com/1992/07/04/us/the-1992-campaign-bush-on-the-environment-a-
record-of-contradictions.html
(accessed
March
15,
2023).
6.
William
Perry
Pendley,
War
on the
West:
Government Tyranny on
America’s
Great Frontier
(Regnery,
1995).
7.
William Perry Pendley, “Bureau
of
Land
Management Yesterday and Today: Energy Independence,”
Cowboy
State
Daily, April 5, 2022,
https://cowboystatedaily.com/2022/04/05/bureau-of-land-management-
yesterday-and-today-energy-independence/
(accessed
March
15,
2023).
9.
Ibid.
9.
William Perry Pendley, “Perspective: Biden’s War on Western
Energy,”
The
Gazette, November
6, 2022,
https://
gazette.com/opinion/perspective-biden-s-war-on-western-energy/article_3823a584-5bb2-11ed-a598-
235c22e34687.html
(accessed
March
15,
2023).
10.
Ibid.
11.
Multiple-Use
Sustained-Yield
Act
of
1960,
Public
Law
86–517.
12.
Federal
Register,
Vol.
86,
No.
159
(August
20,
2021),
pp.
46873–46877.
13.
Federal
Register,
Vol. 86,
No. 19
(February
1, 2021),
pp.
7619–7633, and
White
House, “Executive
Order on Protecting
Public
Health
and
the
Environment
and
Restoring
Science
to
Tackle
the
Climate
Crisis,”
January 20,
2021,
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-
protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/
(accessed March
16, 2023).
14.
National Environmental
Policy Act,
Public Law
91–160.
15.
Antiquities
Act
of
1906,
Public
Law
59–209.
16.
“You know
what
there’s not
is a shall
for? ‘I
shall
manage the
land to
stop
climate change,’
or
something similar
to
that,”
Secretary
of the
Interior
David
Bernhardt
testified.
“You
guys
come
up
with
the
shalls.”
Chris
D’Angelo, “Interior
Secretary Blames
Congress
for His Inaction
on Climate Change,”
High
Country
News,
May
9,
2019.
17.
Federal Land Policy and Land
Management Act of 1976,
Public Law 94–579; Outer Continental Shelf Lands Act,
Public
Law
95–372;
and
30
U.S.C.
§
21
et
seq.
18.
U.S. Department of the
Interior,
“Order No.
3398:
Revocation of
Secretary’s
Orders
Inconsistent with
Protecting
Public
Health
and
the
Environment
and
Restoring
Science
to
Tackle
the
Climate
Crisis,”
April 16,
2021,
https://www.doi.gov/sites/doi.gov/files/elips/documents/so-3398-508_0.pdf (accessed
March
16,
2023).
19.
U.S.
Department
of
the
Interior,
“Order
No.
3348:
Concerning
the
Federal
Coal
Moratorium,”
March
29,
2017,
https://www.doi.gov/sites/doi.gov/files/uploads/so_3348_coal_moratorium.pdf
(accessed March 16, 2023).
20.
U.S.
Department
of
the
Interior,
“Order
No.
3349:
American
Energy
Independence,”
March
29,
2017,
https://
www.doi.gov/sites/doi.gov/files/uploads/so_3349_-american_energy_independence.pdf
(accessed March 16, 2023).
21.
U.S. Department of the Interior, “Order No. 3350: America
First Offshore Energy Strategy,” May 1, 2017,
https://www.doi.gov/sites/doi.gov/files/press-release/secretarial-order-3350-offshore-508.pdf
(accessed March 16, 2023).
22.
U.S.
Department
of
the
Interior,
“Order
No.
3351:
Strengthening
the
Department
of
the
Interior’s
Energy Portfolio,” May 1, 2017,
https://www.doi.gov/sites/doi.gov/files/press-release/secretarial-order-3351-energy-
counselor-508.pdf
(accessed
March
16,
2023).
23.
U.S. Department of the Interior,
“Order No. 3352: National
Petroleum Reserve—Alaska,” May 31, 2017,
https://
www.doi.gov/sites/doi.gov/files/uploads/so-3352.pdf
(accessed March 16, 2023).
Mandate for
Leadership: The Conservative
Promise
24.
U.S.
Department
of
the
Interior,
“Order
No.
3354:
Supporting
and
Improving
the
Federal
Onshore
Oil
and
Gas
Leasing
Program
and
Federal
Solid
Mineral
Leasing
Program,
July 6,
2017,
https://www.doi.gov/sites/doi.gov/
files/uploads/so_-_3354_signed.pdf
(accessed March
16, 2023).
25.
U.S.
Department
of
the
Interior,
“Order
No.
3355:
Streamlining
National
Environmental
Policy
Reviews
and Implementation
of
Executive
Order
13807,
“Establishing
Discipline
and
Accountability
in
the
Environmental
Review and Permitting
Process for Infrastructure Projects,” August 31, 2017,
https://www.doi.gov/sites/doi.gov/
files/elips/documents/3355_-_streamlining_national_environmental_policy_reviews_and_implementation_
of_executive_order_13807_establishing_discipline_and_accountability_in_the_environmental_review_
and_permitting_process_for.pdf
(accessed March
16, 2023).
26.
U.S. Department of the Interior, “Order No. 3358:
Executive Committee for Expedited Permitting,” October
25, 2017,
https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3358_executive_committee_for_
expedited_permitting_0.pdf
(accessed
March
16,
2023).
27.
U.S.
Department
of
the
Interior,
“Order
No.
3360:
Rescinding
Authorities
Inconsistent
with
Secretary’s
Order 3349, “American Energy
Independence,” December 22, 2017,
https://www.doi.gov/sites/doi.gov/files/elips/
documents/3360_-_rescinding_authorities_inconsistent_with_secretarys_order_3349_american_energy_
independence.pdf (accessed March 16, 2023).
28.
U.S.
Department
of
the
Interior,
“Order
No.
3380:
Public
Notice
of
the
Costs
Associated
with
Developing
Department of the
Interior Publications and Similar Documents,” March 10,
2020,
https://www.doi.gov/sites/
doi.gov/files/elips/documents/so-3398-508_0.pdf
(accessed March 16, 2023).
29.
U.S.
Department
of
the
Interior,
“Order
No.
3385:
Enforcement
Priorities,”
September
14,
2020,
https://
www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3385-enforcement-priorities.pdf
(accessed March 16, 2023).
30.
U.S.
Department
of
the
Interior,
“Order
3389:
Coordinating
and
Clarifying
National
Historic
Preservation
Act Section 106 Reviews,”
September 14, 2020,
https://www.doi.gov/sites/doi.gov/files/elips/documents/signed-
so-3385-enforcement-priorities.pdf
(accessed
March
16,
2023).
31.
Bureau of Land Management, “Updating Oil and Gas Leasing
Reform: Land Use Planning and Lease Parcel Reviews,” IM 2018–034,
January 31,
2018,
https://www.blm.gov/policy/im-2018-034
(accessed March 16, 2023).
32.
Lease
Now Act,
S.
4228,
117th
Cong., 2nd
Sess.
(2022).
33.
ONSHORE Act, S.
218, 116th Cong., 2nd Sess. (2019).
https://www.congress.gov/bill/116th-congress/senate-
bill/218/text
(accessed
March 18,
2023).
34.
Federal
Register,
Vol. 87,
No. 130
(July 8,
2022), pp.
40859–40863.
35.
The Biden Administration’s 2023–2028 proposed program is
fatally flawed. Katie Tubb, “Comment for the 2023–2028 National OCS Oil
and
Gas Leasing
Proposed Program,” BOEM–2022–0031, October 6, 2022, http://
thf_media.s3.amazonaws.com/2022/Regulatory_Comments/BOEM%202023-2028%20lease%20plan%20
comment%20KTubb.pdf
(accessed
March
16,
2023).
36.
See
Inflation
Reduction
Act
of
2022,
Public
Law
No.
117–169,
§§
50261–50263.
37.
Tax
Cuts
and
Jobs
Act
of
2017,
Public
Law
No.
115–97,
§
20001,
and
U.S.
Department
of
the
Interior,
“Order
No.
3401: Comprehensive
Analysis and Temporary Halt on All Activities in the Arctic
National Wildlife Refuge Relating
to
the
Coastal
Plain Oil
and
Gas
Leasing
Program,”
June
1,
2021,
https://www.doi.gov/sites/doi.gov/files/elips/
documents/so-3401-comprehensive-analysis-and-temporary-halt-on-all-activitives-in-the-arctic-national-
wildlife-refuge-relating-to-the-coastal-plain-oil-and-gas-leasing-program.pdf
(accessed March 16, 2023).
38.
In
2016,
Interior
Secretary
Sally
Jewell
instituted
a
moratorium
on
new
coal
leases
while
conducting
a
programmatic
environmental
impact statement
under NEPA
to address
concerns
about competition
and inconsistency
with
the
Obama
Administration’s
climate
policy.
In
2017,
Interior
Secretary
Ryan
Zinke
lifted
the
moratorium
and
ended
development
of
a
programmatic
environmental
impact
statement.
In
April
2021,
Interior Secretary
Debra
Haaland
rescinded
Zinke’s
order
and
initiated
a
new
review
of
the
coal-leasing
program. See U.S.
Department of the Interior, “Order No. 3338: Discretionary
Programmatic Environmental
Impact Statement to
Modernize the Federal Coal Program,” January 15, 2016,
https://www.doi.gov/sites/doi.
gov/files/elips/documents/archived-3338_-discretionary_programmatic_environmental_impact_statement_
to_modernize_the_federal_coal_program.pdf
(accessed March 16, 2023); U.S. Department of the Interior, “Order No. 3348”; U.S.
Department
of the Interior,
“Order No. 3398”; and
Federal
Register, Vol.
86, No. 159 (August
20, 2021),
pp.
46873–46877.
2025 Presidential
Transition Project
39.
Katie
Tubb,
“No
More
Standoffs:
Protecting
Federal
Employees
and
Ending
the
Culture
of
Anti-Government
Attacks and
Abuse,”
testimony
before
the
Subcommittee
on
National
Parks,
Forests,
and
Public
Lands,
Committee on Natural
Resources, U.S. House of Representatives, pp. 2–4, October
22, 2019,
https://congress.
gov/116/meeting/house/110104/witnesses/HHRG-116-II10-Wstate-TubbK-20191022.pdf (accessed March 16, 2023).
40.
News release, “Secretary Haaland Announces Steps to
Establish Protections for Culturally Significant Chaco
Canyon Landscape,” U.S.
Department of
the Interior, November
15, 2021,
https://www.doi.gov/pressreleases/
secretary-haaland-announces-steps-establish-protections-culturally-significant-chaco
(accessed March
16,
2023);
News
release,
“Biden–Harris
Administration
Proposes
Protections
for
Thompson
Divide,”
U.S.
Department
of
the
Interior,
October
12,
2022,
https://www.doi.gov/pressreleases/biden-harris-administration-
proposes-protections-thompson-divide
(accessed
March
16,
2023);
News
release,
“Biden
Administration
Takes
Action to Complete Study
of Boundary Waters Area Watershed,” U.S. Department of the
Interior, October
20, 2021,
https://www.doi.gov/pressreleases/biden-administration-takes-action-complete-study-boundary-
waters-area-watershed
(accessed March 16, 2023); and News release, “Interior
Department Takes Action on
Mineral
Leases
Improperly
Renewed
in
the
Watershed
of
the
Boundary
Waters
Wilderness,”
U.S.
Department
of the Interior, January
26, 2022,
https://www.doi.gov/pressreleases/interior-department-takes-action-
mineral-leases-improperly-renewed-watershed-boundary
(accessed March 16, 2023).
41.
Endangered
Species Act,
Public Law
91–135, §
4(b)(2),
and
Federal Register,
Vol. 85,
No. 244
(December
18,
2020), pp. 82376–82389.
42.
U.S.
Fish
and
Wildlife
Service,
“Governing
the
Take
of
Migratory
Birds
Under
the
Migratory
Bird
Treaty
Act.”
https://www.fws.gov/regulations/mbta
(accessed March 16,
2023).
43.
Dino Grandoni and Anna Phillips,
“Biden Restores Climate
Safeguards in Key Environmental Law,
Reversing Trump,”
Washington Post, April 19, 2022,
https://www.washingtonpost.com/climate-
environment/2022/04/19/biden-nepa-climate-trump/
(accessed March 16,
2023).
44.
Donald Trump, “Executive Order
on
Creating
Schedule F in the Accepted Service,” Executive Order 13957,
October
21,
2020,
https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-creating-
schedule-f-excepted-service/
(accessed
March
16,
2023).
45.
Kathleen Masterson, “Nevada Wild Horse Population
Skyrockets To New High,” KUNR Public Radio, July 22,
2019,
https://www.kunr.org/energy-and-environment/2019-07-22/nevada-wild-horse-population-skyrockets-
to-new-high
(accessed
March
20,
2023).
46.
U.S.
Department
of
the
Interior,
Bureau
of
Land
Management,
“Report
to
Congress:
An
Analysis
of
Achieving a Sustainable Horse and Burro
Program,” Fact sheet, May 8, 2020,
https://www.blm.gov/sites/blm.gov/files/
Final%20Fact%20Sheet%20WHB%20Report%20To%20Congress.pdf
(accessed March 17,
2023).
47.
Pendley,
Sagebrush
Rebel,
pp.
45–47.
48.
James D. Linxwiler,
The Alaska
Native
Claims Settlement Act At
35:
Delivering on
the
Promise, Rocky Mountain
Mineral Law Institute,
Vol. 53, Chap. 12 (2007), § 12.03(1)(a)(iv),
https://www.guessrudd.com/wp-content/
uploads/sites/1600422/2020/05/The-Alaska-Native-Claims-Settlement-Act-at-35.pdf
(accessed March 16, 2023).
49.
Ibid.,
§
12.03(1)(a)(vii).
See
generally
Richard
S. Jones,
Alaska Native Claims Settlement Act of 1971 (Public Law
92–203):
History And
Analysis
Together With
Subsequent Amendments,
Report
No.
81–127
GOV,
June
1,
1981,
http://www.alaskool.org/PROJECTS/ANCSA/reports/rsjones1981/ANCSA_History71.htm (accessed
March
16,
2023).
50.
43 U.S. Code, Ch. 33.
ANCSA also created 12
Native-owned regional corporations and authorized $962
million in “seed money.” Linxwiler,
The Alaska
Native
Claims Settlement
Act At
35, § 12.03(2)(e).
51.
ANCSA provided that the withdrawal of the lands would expire
in 1978 if Congress had not designated the lands as federal enclaves. John
K. Norman Cole and Steven W. Silver,
Alaska’s D-2
Lands, Rocky
Mountain
Mineral Law Institute, Vol.
6B, Ch. 5, September 1978, and Raymond A. Peck, Jr.,
And Then
There Were
None:
Evolving Federal
Restraints on the
Availability of Public
Lands for
Mineral
Development,
Rocky
Mountain
Mineral Law Institute, Vol.
25, Ch. 3, 1979.
52.
Andrus
used
purported
authority under
the FLPMA
to
withdraw 40
million
acres, and
Carter used
purported
authority under the Antiquities Act of to withdraw 56
million acres. James D. Linxwiler,
The
Alaska
Native
Claims
Settlement Act: The
First
Twenty Years,
Rocky Mountain Mineral Law Institute, Vol. 38 Ch. 2, 1992 at
2.04(8)(c),
https://ancsa.lbblawyers.com/wp-content/uploads/ANCSA-Paper-with-Table-of-Contents-1992.pdf
(accessed March
16, 2023).
Mandate for
Leadership: The Conservative
Promise
53.
Alaska’s request for an injunction was
denied.
State
of Alaska
v. Carter, 462 F. Supp. 1155, 1156 (D. Alaska 1978)
(NEPA
does
not
apply
to
presidential
proclamations
under
the
Antiquities
Act).
Alaska’s
lawsuit
was
similar to
one
filed
by
Wyoming
challenging
use
of
the
Antiquities
Act
to
designate
the
Grand
Teton
National
Monument.
Wyoming v.
Franke, 58 F.
Supp. 890 (D. Wyo. 1945). See generally Carol Hardy Vincent
and
Kristina
Alexander, “National Monuments
and the
Antiquities Act,”
Congressional
Research Service
Report for
Congress, R41330, July
20, 2010,
https://digital.library.unt.edu/ark:/67531/metadc813640/m2/1/high_res_d/
R41330_2011Aug22.pdf
(accessed
March
16,
2023).
In
December
1980,
President
Carter
signed
the
Alaska
National Interest Lands
Conservations Act; subsequently, during the Reagan
Administration, Alaska dropped its
lawsuit.
54.
Alaska
National
Interest
Lands
Conservation
Act,
Public
Law
96–487
(codified
as
amended
in
scattered sections of 16 U.S.C., 43
U.S.C., 48 U.S.C.), and Joseph J. Perkins, Jr.,
The Great
Land
Divided But
Not
Conquered: The Effects of Statehood, ANCSA,
and ANILCA on Alaska,
Rocky
Mountain
Mineral
Law Institute, Vol.
34, Ch.
6, 1988,
§ 6.02.
55.
U.S.
Department
of
the
Interior,
1983: A
Year Of
Enrichment: Improving The
Quality Of
Life For
All
Americans,
October 1983, p. 25,
https://www.reaganlibrary.gov/public/digitallibrary/smof/publicliaison/blackwell/box-
006/40_047_7006969_006_022_2017.pdf
(accessed
March
16,
2023).
56.
Ibid.
The
conveyances
by
the
Reagan
Administration
to
Alaska
and
Native
Alaskans
greatly
exceeded
the
amount of land
transferred to each during the Carter Administration. See
U.S. Department of the Interior,
1983:
A Year
Of
Enrichment, pp.
86–87.
57.
Federal
Register,
Vol. 36,
No. 252
(December
31, 1971),
pp.
25410–25412. “On
December
28, 1971,
ten days
after enactment of ANCSA,
the Secretary of Interior through his Assistant Secretary
issued Public Land Order
(PLO)
5150
which
withdrew
and
reserved
various
federal
public
lands,
subject
to
valid
existing
rights,
as
a
utility and
transportation corridor
for
the Alaska oil pipeline.
36 Fed. Reg.
25410 (December 31, 1971). The land
order
was
issued
‘by
virtue
of
the
authority
vested
in
the
President
and
pursuant
to
Executive
Order
10355
of
May 26, 1952 (17
Fed.
Reg. 4831)….PLO
5150 established a corridor extending from the North Slope
of Alaska (Prudhoe
Bay) south
to Valdez
on Prince
William
Sound.’”
Wisenak, Inc.
v. Andrus,
471 F.
Supp. 1004,
1006 (D. Alaska 1979).
58.
Alaska
Land
Transfer
Acceleration
Act,
Public
Law
108–452.
59.
Philip Elliott, “Biden May
Be
About to Sign Off on a Huge Alaska Oil
Drilling Project,”
Time,
December 13, 2022,
https://time.com/6240733/biden-alaska-oil-drilling-willow-project/
(accessed March 16,
2023). A
Biden approval
of the
bare
minimum three
pads for
ConocoPhillips disincentivized the
ability of
any other oil
and gas
company to
make the
huge
investment
necessary to
operate in
NPRA.
60.
Alaska Department of Natural Resources, Division of
Mining, Land and Water, “Ambler Road Project,”
https://
dnr.alaska.gov/mlw/ambler-road/
(accessed March 17, 2023).
61.
U.S. Department of the Interior, Bureau of Land Management,
Ambler Road:
Environmental Impact Statement:
Vol.
1, March 2020,
https://eplanning.blm.gov/public_projects/nepa/57323/20015364/250020506/Ambler_
FEIS_Volume_1-_Chp_1-3_&
Appendices_A-F_.pdf
(accessed
March
18,
2023).
62.
5 U.S.
Code §
801(a)(1)(A).
63.
U.S. Department of the Interior, “Master Memorandum of
Understanding Between the Alaska Department of Fish and Game,
Juneau,
Alaska and the
U.S. National Park Service,” October 14, 1982; U.S.
Department of
the Interior, “Master
Memorandum of Understanding
Between
the Alaska
Department of Fish
and Game, Juneau,
Alaska and the
U.S. Fish and Wildlife
Survey,” March 13, 1982; and U.S. Department of the
Interior,
“Master
Memorandum
of
Understanding
Between
the
Alaska
Department
of
Fish
and
Game,
Juneau,
Alaska and the Bureau of
Land Management,” August 3, 1983,
https://eplanning.blm.gov/public_projects/
lup/66967/84127/100727/Memorandum_of_Understanding_BLM_and_ADFG.pdf
(accessed
March
16,
2023).
64.
Federal
Register,
Vol.
85,
No.
210
(October
29,
2020),
pp.
68668–68703.
65.
Federal
Register,
Vol. 88,
No. 18 (January
27, 2023),
pp.
5252–5272.
66.
E. Dinerstein
et al.,
“A Global
Deal For
Nature:
Guiding
Principles,
Milestones, and Targets,”
Science
Advances, Vol. 5, No. 4
(April
19, 2019),
https://www.science.org/doi/10.1126/sciadv.aaw2869
(accessed March 18, 2023).
67.
Joseph R. Biden, “Tackling the Climate Crisis at Home and
Abroad,” Executive Order 14008,
https://www.
whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-
crisis-at-home-and-abroad/
(accessed March 17, 2023).
2025 Presidential
Transition Project
68.
Karen Budd Falen, “Biden’s
‘30 By 30 Plan’: A Slap at American Private Property
Rights,”
Cowboy State
Daily, April 15, 2021,
https://cowboystatedaily.com/2021/04/15/bidens-30-by-30-plan-a-slap-at-american-private-
property-rights/
(accessed
March
16,
2023).
69.
U.S.
Department
of
the
Interior,
“Order
No.
3396:
Rescission
of
Secretary’s
Order
3388,
‘Land
and
Water Conservation
Fund
Implementation
by
the
U.S.
Department
of
the
Interior,’”
February
11,
2021,
https://www.
doi.gov/sites/doi.gov/files/elips/documents/so-3396-signed-2-11-21-final.pdf
(accessed March 17, 2021).
70.
Ibid.
71.
Associated Press, “Ute Indian Tribe Criticizes Biden’s Camp
Hale Monument Designation,” KUER 90.1, October 13, 2022.
72.
William
Perry
Pendley,
“Trump
Wants
to
Free
Up
Federal
Lands,
His
Interior
Secretary
Fails
Him,”
National
Review
Online,
September
25,
2017,
https://www.nationalreview.com/2017/09/secretary-interior-ryan-zinke-
monuments-review-trump-executive-order-antiquities-act-environmentalists/
(accessed
March
16,
2023).
73.
The
Oregon
and
California
Revested
Lands
Sustained
Yield
Management
Act
of
1937,
Public
Law
75-405,
43
U.S.
Code
§
2601.
74.
Ibid.,
and
American
Forest
Resource Council
v. Hammond,
422
F.
Supp.
3d
184,
187
(D.D.C.
2019).
75.
American
Forest
Resource
Council
v.
Hammond,
422
F.
Supp.
3d,
pp.
187–188.
76.
Federal
Register,
Vol. 55,
No.
26 (June
26, 1990),
p.
26114–26194.
77.
Federal
Register,
Vol.
65,
No.
114
(June
13,
2000),
pp.
37249–37252.
78.
Federal
Register,
Vol.
82,
No.
11
(January
18,
2017),
pp.
6145–6150.
79.
American
Forest
Resource
Council
v.
Hammond,
422
F.
Supp.
3d
184
(D.D.C.
2019).
80.
U.S. Department of the Interior, “Final Consent
Decrees/Settlement Agreements,”
https://www.doi.gov/
solicitor/transparency/final
(accessed March 16, 2023).
81.
Michael Doyle, “Interior Order
Erases
Litigation Website,”
E&E
News, June 17, 2022,
https://www.eenews.net/
articles/interior-order-erases-litigation-website/
(accessed March 16,
2023).
82.
Rob
Roy
Ramey,
On
the Origin
of
Specious Species
(Lexington
Books
2012),
pp.
77–97.
83.
William Perry Pendley, “Killing Jobs to Save the Sage
Grouse: Junk Science, Weird Science, and Plain Nonsense,”
Washington Times, May 31, 2012,
https://www.washingtontimes.com/news/2012/may/31/killing-
jobs-to-save-the-sage-grouse/
(accessed March
16, 2023).
84.
Michael
Lee,
“Wyoming’s
Push
to
Delist
Grizzly
Bears
from
Endangered
Species
List
Faces
Opposition
from
Anti-Hunting Group,” Fox
News, January 21, 2022,
https://www.foxnews.com/politics/wyoming-delist-grizzly-
endangered-species-list-opposition-anti-hunting-group
(accessed March 18, 2023).
85.
News
release,
“Trump
Administration
Returns
Management
and
Protection
of
Gray
Wolves
to
States
and Tribes Following Successful
Recovery Efforts,” October 29, 2020,
https://www.doi.gov/pressreleases/trump-
administration-returns-management-and-protection-gray-wolves-states-and-tribes
(accessed
March
18,
2023).
86.
50
Code of
Federal
Regulations §17,
and Sean
Paige,
“‘Rewilding’ Will
Backfire
on Colorado,”
The Gazette, June 19,
2022,
https://gazette.com/opinion/guest-column-rewilding-will-backfire-on-colorado/article_
d0016672-ed79-11ec-b027-abe62ba840a1.html
(accessed
March
18,
2023).
87.
Madeleine C. Bottrill et al., “Is
Conservation Triage Just Smart Decision Making?”
Trends in
Ecology &
Evolution,
Vol.
23,
No.
12
(December
2008),
pp.
649–654,
https://karkgroup.org/wp-content/uploads/Bottrill-et-al-2008.
pdf
(accessed
March 16,
2023).
88.
Rob Roy Ramey
II,
testimony
before the
Committee on Resources, U.S. House of Representatives, April
8, 2014,
https://naturalresources.house.gov/uploadedfiles/rameytestimony4_8.pdf (accessed March 16, 2023).
89.
Surface
Mining
Control
and
Reclamation
Act
of
1977,
Public
Law
95–87.
90.
Pennsylvania
is
the
nation’s
third-largest
coal
producer,
and
its
state
program
was
the
model
for
SMCRA.
91.
Federal
Register,
Vol.
85,
No.
207
(October
26,
2020),
pp.
67631–67635.
92.
U.S. Department of the Interior, Office of Surface Mining
Reclamation and Enforcement, “Approximate Original
Contour,” INE–26, June
23, 2020,
https://www.osmre.gov/sites/default/files/pdfs/directive1003.pdf
(accessed March 18, 2023).
93.
Tim
Gallaudet
and
Timothy
R.
Petty,
“Federal
Action
Plan
for
Improving
Forecasts
of
Water
Availability,” National
Oceanic
and
Atmospheric
Administration,
October
2019,
https://www.noaa.gov/sites/default/files/
legacy/document/2019/Oct/Federal%20Action%20Plan%20for%20Improving%20Forecasts%20of%20
Water%20Availability.pdf
(accessed
March
17,
2023).
Mandate for
Leadership: The Conservative
Promise
94.
32
U.S. Code,
ch.
52.
95.
Donald
J.
Trump,
“Presidential
Memorandum
on
Promoting
the
Reliable
Supply
and
Delivery
of
Water in the West,” October 19,
2018,
https://trumpwhitehouse.archives.gov/presidential-actions/presidential-
memorandum-promoting-reliable-supply-delivery-water-west/
(accessed March 17, 2023).
96.
U.S. Department of the Interior, “Land Buy-Back Program
for Tribal Nations,”
https://www.doi.gov/
buybackprogram
(accessed March 18,
2023).
97.
Great
American
Outdoors
Act,
Public
Law
116–152.
T
he
Department of
Justice (DOJ)
has
a
long and
noble history.
That history began
with the
creation of
the
Office
of
the
Attorney General
pursuant to
the
Judiciary
Act
of
17891 and
has
continued through
the
creation
of
the
department
in 1870,2 the
formation of the Federal Bureau of Investigation (FBI) in
1908,3 reforms
following the
terrorist attacks
of
September
11,
2001,
and
to
the
pres- ent
day.
Properly
understood within
the
framework of
a
constitutional republic that
values
ordered
liberty,
the
Department
of
Justice
has
two
primary
functions:
protecting public
safety and
defending
the rule
of law.
Unfortunately, the department has lost its way in recent
years and has forfeited
the trust
of large
segments
of the American people.
Large
swaths of
the
depart- ment
have been
captured
by
an
unaccountable
bureaucratic
managerial
class
and
radical Left ideologues
who have embedded themselves throughout its offices and
components.
The
department
also
suffers
from
institutional
inattentiveness
to
its core
functions. Instead of
being
perceived as
possessing the utmost
impartiality and
fairness
as it
advances
the
national
interest
on
behalf
of
the
American
people—
fighting crime and
defending the rule of law—the DOJ has become a department
that 46.6 percent
of
Americans
recently
indicated is,
in their
view, “too
political, corrupt, and not to be trusted.”4
The weight
of the publicly available evidence indicates that there are
many rea- sons for this
lack of trust. For example:
•
The
Federal
Bureau of
Investigation, knowing that
claims of
collusion with
Russia
were
false,5 collaborated
with
Democratic
operatives
to
inject
Mandate for
Leadership: The Conservative
Promise
the
story into
the 2016
election
through strategic
media
leaks, falsified
Foreign Intelligence
Surveillance
Act
(FISA)
warrant
applications,
and
lied to
Congress.6
•
Personnel
within
the
FBI
engaged
in
a
campaign
to
convince
social
media
companies and
the media
generally
that the
story about
the
contents
of
Hunter
Biden’s laptop
was the
result of
a Russian
misinformation
campaign—while
the
FBI
had
possession
of
the
laptop
the
entire
time
and could
have
clarified the
authenticity
of the
source.7
•
The
DOJ
engaged
in
conduct
to
chill
the
free
speech
rights
of
parents
across the
United
States
in
response
to
supposed
“threats”
against
school
boards,8 yet
it failed
to engage
in any
concerted
campaign to
protect the
rights
of
Americans who
actually
were terrorized
by
acts
of
violence
like those
perpetrated against pregnancy
care centers.9
•
The
FBI
tasked
agents
with
monitoring
social
media
and
flagging
content they
deemed
to
be
“misinformation”
or
“disinformation”
(not
associated
with
any
plausible
criminal
conspiracy
to
deprive
anyone
of
any
rights)
for
platforms to remove.10
•
The
FBI
engaged
in
a
domestic
influence
operation
to
pressure
social
media
companies to
report more
“foreign
influence” than the
FBI was
actually seeing and stop
the
dissemination of
and censor
true
information directly related to the 2020 presidential election.11
•
The
department has devoted
unprecedented resources to
prosecuting American
citizens
for misdemeanor
trespassing
offenses
or
violations
of
the FACE
Act12 while
dismissing
prosecutions
against
radical
agents
of
the
Left
like Antifa.13
•
The
department
has
consistently
threatened
that
any
conduct
not
aligning
with the liberal agenda “could” violate federal
law—without actually taking
a
position
that the
conduct in
question is
illegal—using
the
prospect of
protracted litigation and
federal
sanctions to
chill
disfavored
behavior
such
as
with state
efforts to
restrict abortion14 or
prevent
genital mutilation
of
children.15
•
The
department
has
sued
multiple
states
regarding
their
efforts
to
enhance
election
integrity.16
2025 Presidential
Transition Project
•
The
department
has
failed
to
do
its
part
to
stop
the
flood
of
fentanyl
and
other
deadly
drugs
that
are
flowing
across
our
borders
and
decimating
families and
communities across the United States.17
•
The
department
has
abdicated
its
responsibility
to
assist
in
the
enforcement of
our
immigration
laws
and
has
engaged
in
wholescale
abandonment
of
its
duty to
adjudicate
cases in
the immigration court
system.
These
actions
stand in
stark
contrast to
Attorney
General Merrick
Garland’s assertion before taking office that “there [must] not be one rule for
Democrats and another
for
Republicans, one rule
for
friends and
another
for foes.”18
While
it
is
true, as
it
is
with other
federal departments
and
agencies,
that there are
committed career
personnel across
the
department
who
perform
their duties
faithfully
and
with
the
best
intentions, this
small sampling
of
scandals
illustrates that the
DOJ has become a bloated bureaucracy with a critical core of
person- nel who
are
infatuated with the
perpetuation of a
radical
liberal agenda
and the
defeat of perceived political
enemies.
It has become a
Cabinet-level department whose
leadership
appears
to
care
more
about
how
they
are
perceived
in
the
next
Politico or
Washington Post article, or their stature with any number of radical
leftist organizations,
than they do about justice and advancing the interests of
the American
people.
It
is
essential
that the
next conservative
Administration
place
a
high
priority on
reforming
the
DOJ
and
its
culture to
align the
department with
its
core
purposes and advance
the
national
interest. Critically,
this must
include the
FBI. Anything
other
than
a
top-to-bottom
overhaul will
only further
erode the
trust of
significant portions
of
the
American
people and
harm the
very fabric
that holds
together our
constitutional
republic. At
a
practical
level, not
reforming the
Department of
Jus- tice will
also guarantee
the
failure
of
that
conservative Administration’s
agenda in countless
other ways.
Successful reform will require
more than minor peripheral adjustments. It
will
require
a
holistic,
energetic,
leadership-driven
effort
to
remedy
the
damage
that
has
been
done
and
advance
the national
interest.
Additionally,
some
needed
reforms will
not be
possible
without
legislative
changes from
Congress.
While it is true that certain offices and components—like
the FBI or the Civil Rights
Division—will require
more attention than others, committed direction from the
department’s
political
leadership can
restore the
department’s
focus on
its two
core functions:
protecting public safety
and
defending the
rule of
law.
This
chapter features
prominently the
things the
department must
do
to
restore
its
focus
on
these functions.
Of
course,
there are
other important
reforms that
do not
necessarily fit within
either of
those core
functions,
so this
chapter
includes an additional section to address those areas.
Mandate for
Leadership: The Conservative
Promise
PRIORITIZING THE PROTECTION
OF PUBLIC
SAFETY
Ordered
liberty is
at
risk
when our
citizens lack
physical safety,
when career
criminals do not fear the law,
when foreign cartels move narcotics and illegal aliens
into our
nation at
will, and
when
political leaders call
citizens
“domestic terrorists” for
exercising their constitutional rights. The Department of
Justice—in partnership with state and local partners—must
recommit in both word and deed to protecting public
safety.
The
overwhelming majority of crimes in the United States are
properly handled
at
the
state and
local levels,19 but
the
DOJ
can
provide
critical technical
support for
local
law
enforcement and
play a
critical agenda-setting
role. With
respect to
the Department’s
core
responsibilities—enforcing
our
immigration laws,
combating domestic
and
international
criminal
enterprises,
protecting federal
civil
rights, and combating
foreign espionage—the federal government has primary
authority and, accordingly, accountability.
The
evidence shows
that the
Biden
Administration’s
Department of
Justice has
failed
to
protect
law-abiding citizens
and
has
ignored its
most basic
obligations. It
has become
at once utterly unserious and dangerously politicized.
Prosecution and charging decisions are infused with racial
and partisan political double standards.20 Immigration
laws are ignored.21
The FBI harasses
protesting parents (branded “domestic terrorists” by
some
partisans) while
working
diligently to shut
down politically
disfavored speech on the pretext of its being
“misinformation” or “disin-
formation.”22
A
department
that prosecutes
FACE Act
cases while
ignoring dozens
of
violent
attacks on
pregnancy
care centers
and/or the
coordinated violation of
laws
that
prohibit
attempts
to
intimidate
Supreme
Court
Justices
by
parading
out- side
of
their
homes23 has
clearly
lost its
way. A
department that
has
twice
engaged in covert domestic election interference and
propaganda operations—the Russian
collusion hoax in 2016 and the
Hunter Biden laptop suppression in 2020—is a threat to the
Republic.24
•
Restoring
the
department’s
focus
on
public
safety
and
a
culture
of
respect
for
the
rule
of
law
is
a
gargantuan
task
that
will
involve at
minimum
four
overriding
actions:
•
Restoring the
FBI’s
integrity.
•
Renewing the
DOJ’s
focus on
violent
crime.
•
Dismantling domestic
and
international criminal
enterprises.
•
Pursuing
a
national
security
agenda
aimed
at
external
state
and
non-state
actors, not
U.S.
citizens
exercising their
constitutional rights.
2025 Presidential
Transition Project
RESTORING THE
FBI’S
INTEGRITY
The
FBI
was
founded in
1908 to
“tackle national
crime and
security issues”
when
“there
was
hardly
any
systematic
way
of
enforcing the
law
across
this now
broad
landscape
of
America.”25 It
best
serves
the
American
people when
it
dedicates
its
resources and energies to attacking violent crime,26 criminal organizations,27 child
predators,28
cyber-crime, and
other uniquely federal interests.29
Revelations
regarding the FBI’s role in the Russia hoax of 2016, Big
Tech collu-
sion,
and
suppression of
Hunter Biden’s
laptop in
2020 strongly
suggest that
the
FBI is completely out of control. To protect the Constitution, fight
crime effectively,
and
protect the
nation from
foreign adversaries,
the
next
conservative Adminis-
tration
should
begin to
restore
the FBI’s
domestic
reputation and
integrity and enhance its effectiveness
in meeting actual foreign threats. To do so, the next con-
servative Administration should:
•
Conduct an
immediate, comprehensive review
of all
major
active FBI
investigations and activities and terminate any that are
unlawful
or contrary
to the
national
interest.30
This is an enormous
task, but
it
is
necessary to
re-earn the
American people’s
trust in
the
FBI
and
its
work. To conduct
this review,
the
department
should detail
attorney appointees
with
criminal,
national security,
or homeland
security
backgrounds to
catalogue
any
questionable
activities
and
elevate
them
to
appropriate
DOJ
leadership
consistent with the
new chain
of command
(discussed below). The
department
should
also
consider
issuing
a
public
report
of
the
findings
from this review as appropriate.
•
Align
the FBI’s
placement
within the
department and the
federal
government with
its law
enforcement and national
security purposes.
DOJ veterans often opine that the FBI
views itself as an
independent
agency—accountable
to
no
one
and
on
par
with
the
Attorney
General in
terms of
stature—but
the fact
remains
that “[t]he
Federal Bureau of Investigation
is located
in
the
Department of
Justice.”31
It is
not
independent
from
the
department
(
just
as
Immigration
and
Customs
Enforcement is
not
independent from
the
Department of Homeland Security)
and does not
deserve to
be treated as
if it
were.
The
next conservative
Administration
should
direct the
Attorney General to
remove the
FBI
from
the
Deputy
Attorney General’s
direct supervision
within
the
department’s organizational chart
and
instead place
it under
the
general
supervision of
the
Assistant
Attorney
General
for
the
Criminal
Division and
the
supervision of
the
Assistant Attorney
General for
the National
Security
Division, as
applicable.32 This can be
accomplished
Mandate for
Leadership: The Conservative
Promise
through
a
simple
internal departmental
reorganization
and
does not
need to
be approved by Congress.
Such
a
structure would allow
the FBI
to play
an
important role
in
advising the department’s leadership
on emerging
threats and
updating
notable investigations
through
daily
briefings
conducted
with
the
Criminal
Division
and National
Security
Division
leadership, but
it would
also place
the FBI
under
a
politically
accountable
leader
with
fewer
things
to
manage
than
the
Deputy
Attorney
General or
the
Attorney
General
have.
All
notifications
and approvals
that
currently
run to
the
Deputy
Attorney
General
or
the
Attorney
General should
be
evaluated and
redirected
in the
first
instance, where
appropriate, to
the
relevant
Assistant
Attorney General.
Such
a move
would
better align
the FBI
with the
mission of
the
divisions with
which
it
most
often
interacts
and emphasize
the
need
for
the
areas
on
which
it
should
focus.
In
general,
however,
under
no
circumstances
should
the FBI
ever
be
able
to
go
around
the
Attorney
General
or
the
department’s
leadership
on any
matter
within its
area of
responsibility.
•
Prohibit the
FBI from
engaging,
in general,
in
activities related
to combating the spread of so-called misinformation and
disinformation by
Americans
who are not tied
to any
plausible
criminal activity.
The FBI,
along with
the rest
of the
government, needs
a
hard reset
on the
appropriate
scope of
its
legitimate
activities. It must not
look to
or rely
on the
past decade
as
precedent or
legitimization
for continued
action
in
certain
spaces.
This
is
especially
true
with
respect
to
activities
that the
FBI
and
the
U.S.
government writ
large claim
are
efforts
to combat “misinformation,” “disinformation,” or
“malinformation.”
The
United States
government and,
by
extension,
the
FBI
have absolutely
no
business
policing speech,
whether in
the public
square, in
print, or
online.
The
First
Amendment
prohibits
it.
The
United
States
is
the
world’s
last best
hope for
self-government,33 and its survival
relies on
the ability
of
our people
to have
healthy
debate free
from
government
intervention and
censorship. The
government,
through
its
officials,
is
certainly
able
to
speak
and
provide
information
to
the
public.
That
is
a
healthy
component
of an
informed
society.
But
government
must
never
manipulate
the scales and
censor
information that
is
potentially harmful to
it or
its
political leadership.
This is
the way
of
totalitarian dictatorships, not
of free
constitutional
republics.
2025 Presidential
Transition Project
The
DOJ
needs
a
hard
firewall between
its
legitimate
activities (monitoring
online
activity
for potential
threats in
its mission space,
looking at
social media
profiles
for evidence
of intent
or other
criminal
activity, etc.)
and those in which
it must
not engage
(asking or
demanding
public forums
or publishers to remove
material
based on
the
content and/or
viewpoints expressed or itself censoring speech).
•
Streamline
the
non–law
enforcement functions within
the FBI,
such as its
Office of
General
Counsel, and
obtain
those services
from other
offices within the department.
The next conservative Administration should
eliminate
any offices
within the
FBI that
it has
the power
to eliminate
without
any
action
from
Congress.34 For example,
few
Americans
know that
the FBI
maintains a
core of
approximately
300
attorneys within
its
Office
of
General
Counsel,
an
office
that
has
been
involved
in
some
of
the FBI’s
most
damaging recent
scandals.35
These
attorneys
are not
necessary to
the functioning of
the FBI
in their
current
capacity. Legal
advice
should come from
attorneys at the
DOJ,
whether those
attorneys
are within
the Criminal
Division,
the
National
Security
Division,
the
Justice
Management
Division,
or
the
Office
of
Legal
Counsel.
Moving
legal
review
outside
the
FBI would
serve as
a crucial
check on
an agency
that has
recently
pushed past
legal
boundary after
legal boundary.
Similarly, the
FBI
does
not
need
its
own
Office
of
Congressional Affairs separate
and apart
from the
DOJ Office
of Legislative
Affairs,
nor
does
it
need
its
own
Office
of
Public
Affairs.
•
Emphasize,
fund, and
reward
field offices
while
shrinking
headquarters staff.
While the FBI has essential headquarters functions
that
must
be
fulfilled
and
should
likely
be
fulfilled
by
a
team
in
Washington,
D.C., the
next
conservative
Administration should make
a priority
of deploying,
funding,
and
rewarding
the
work
of
the
field
offices
to
the greatest
extent
possible.
The Department
of
Justice
must
value
badges
over bureaucracy,
must
rethink
its
internal
reporting
structures,
and
should
aim to
realign the FBI’s resources accordingly.
•
Submit
a
legislative
proposal to
Congress
to eliminate
the
10-year
term for the Director.
After J. Edgar Hoover’s decades-long term as FBI
Director
came
to
an
end
following
his
death
in
1972,
and
in
light
of
oversight
conducted by
Congress
into alleged
Intelligence Community and
FBI abuses in the
1970s,
Congress limited
the
Director’s tenure
to one “ten- year term.”36
The realities
of the FBI’s abuses
and
overreach in
recent
years demonstrate that further reform is still necessary.
Mandate for
Leadership: The Conservative
Promise
The Director of the FBI must
remain politically accountable to the President
in the
same manner
as the
head of
any other
federal
department or
agency.
To
ensure
prompt
political
accountability
and
to
rein
in
perceived
or actual
abuses,
the next
conservative Administration should
seek a
legislative change
to align
the FBI
Director’s position with
those of
the heads
of all other major
departments and agencies.
RENEWING THE
DEPARTMENT’S
FOCUS ON
VIOLENT CRIME
Despite
the
DOJ’s
pronouncements
that
violent crime
continues to
be
a
top
pri-
ority,
it
has
increased across
the
United
States. The
department’s leadership
must
make
actually
reducing violent
crime a
priority across
the
United
States—and it
must
do
so
in
partnership with
state and
local officials
in
a
manner that
is
tailored to
the needs
and
conditions in those
states and
localities.
Targeting Violent and Career Criminals, Not Parents.
The next conserva-
tive
Administration must ensure that the Department of Justice
devotes significant
effort
to
reducing
violent crime
nationwide.
The
Attorney
General
should
require all U.S.
Attorneys to develop a jurisdictional-specific plan—whenever
possible in
coordination with state and local law enforcement—to reduce
violent crime within
each
of
their
districts.
Then the
Attorney
General
should
hold
each
U.S.
Attorney
accountable for achieving actual results.
In recent years, federal and
state officials have succumbed to calls from
anti–law
enforcement advocates
for
so-called
criminal
justice
reform.
The
pleas-
ant-sounding
terminology of
reform
masks
the
darker
reality
of
this
movement,
which is one that has supported dismantling effective
federal, state, and local
law enforcement
and
stripped
away
some
of
the
most
fundamental
tools
that
law
enforcement has
long
had
at
its
disposal.
This
campaign
is
not
just
ill-advised;
it has
clearly
had
real-world
consequences
in
the
form
of
catastrophic
increases
in
crime—particularly
violent
crime—nationwide.
As
discussed
in
the
next
section,
the Department of Justice has a special obligation to
restore law and order in such
districts.37
Juxtaposed
against this
increase in
violent crime
are
things
like Attorney
Gen-
eral Merrick Garland’s October 4, 2021, memorandum directing the
commitment of significant resources
and
energies to
combating
imaginary, politically conve-
nient
threats
of violence
toward
members
of
school
boards
and
their
staffs
during
the heat
of
the
Virginia
gubernatorial
race.38 There
was
no
similar effort
to
inves- tigate
elected officials
and
other
public officers
who
conspired
with outside
allies to target
and
harass
parents who
were merely
exercising their
constitutional
and statutory
rights.39 If
we
are
to
continue
to
have
informed and
civil dialogue
in
the
United
States on
issues of
public
concern, the
DOJ must enforce
applicable civil rights laws in an
even-handed way when citizens’ livelihoods are threatened
merely because they have exercised their rights.
2025 Presidential
Transition Project
Enhancing the
Federal
Focus on
and
Resources in
Jurisdictions
with Rule-of-Law Deficiencies.
A disturbing number of state and
local jurisdictions have
enacted
policies that
directly
undermine public
safety,
leave doubt
about whether
criminals
will
be
punished,
and
weaken
the
rule
of
law.
While
the
prose-
cution of
criminal
offenses in
most
jurisdictions
across the
country
must remain
the
responsibility
of
state
and
local
governments,
the
federal
government
owes
a special
responsibility to Americans
in
jurisdictions
where state
and local
prose- cutors have abdicated this duty.40
Jurisdictions suffering from deficiencies in the rule of law
warrant, as appropri-
ate
within
our
federal
system, greater
attention and
additional federal
resources that
are
sufficient to
protect the
rights of
American citizens
and
federal
interests.
In the next conservative Administration, the DOJ, acting primarily
through its U.S.
Attorneys, should therefore:
•
Use applicable federal laws
to bring
federal
charges against
criminals when local jurisdictions wrongfully allow them to
evade responsibility for
their
conduct.41
The
department should
also
increase
the federal
law
enforcement
presence in
such
jurisdictions and explore
innovative
solutions to
bring
meaningful charges against
criminals
and criminal organizations in such jurisdictions.
•
Where warranted and proper under federal law, initiate legal
action against
local officials—including District Attorneys—who deny
American citizens the “equal protection of the laws” by
refusing to
prosecute criminal offenses in their jurisdictions.
This holds true
particularly
for jurisdictions
that
refuse to
enforce
the law
against
criminals
based
on the
Left’s
favored defining
characteristics
of the
would-be
offender
(race, so-called
gender
identity, sexual
orientation,
etc.) or
other
political considerations (e.g., immigration status).
•
Pursue policies
and
legislation that
encourage
prosecution of violent
crimes as
well as
appropriate
sentences for such
offenses.
The
Biden Administration has
adopted
policies that
do
not prevent
armed career criminals,
who
actually commit
violent
crimes, from
committing those
crimes. A
recent
U.S. Sentencing
Commission report shows
that armed career criminals
are
consistently
sentenced below
their
minimum
sentencing
guidelines
range.42
There
are valid
reasons
for sentence
reductions
in particular cases (for
example,
if the
defendant
has
provided
substantial
assistance
in
prosecuting
other offenders).
At the
same time,
the DOJ
must ensure
that its
line
Mandate for
Leadership: The Conservative
Promise
attorneys
are
consistently using the
tools at
their
disposal in
cases with
violent
offenders,
including
pursuing
mandatory
minimum
sentences
under the
Armed
Career Criminal
Act (ACCA).43 The department should
also support
legislative
efforts
to
provide
further
tools,
such
as
the
Restoring
the Armed
Career
Criminal Act,
which
Senators Tom
Cotton
(R–AR), Marsha
Blackburn (R–TN),
and Cindy
Hyde-Smith (R–MS) introduced
in 2021
in response to U.S.
Supreme
Court decisions
neutering
the ACCA.44
•
Enforce the
death
penalty where
appropriate
and
applicable.
Capital
punishment is a
sensitive
matter, as
it should
be, but
the current
crime wave
makes
deterrence
vital
at
the
federal,
state,
and
local
levels.
However,
providing
this punishment without ever enforcing it provides justice
neither for
the
victims’ families
nor for
the
defendant. The next
conservative Administration should therefore do everything possible to obtain finality
for the 44
prisoners currently on
federal
death row.
It should
also
pursue the
death
penalty
for
applicable
crimes—particularly
heinous
crimes
involving violence
and
sexual
abuse
of
children—until Congress
says
otherwise
through
legislation.45
DISMANTLING DOMESTIC AND INTERNATIONAL
CRIMINAL ENTERPRISES
Criminal
organizations are as
old as
crime
itself, but
are more
extensive,
sophisticated, and dangerous
today than at any other point in history. The Department of
Justice has a key role in tackling transnational criminal
orga- nizations like Mara Salvatrucha (MS-13) and Mexican
drug cartels as well as purely domestic criminal
organizations like those
built on
the more traditional
mafia crime model as
part of
its
obligation to
ensure the
safety and
security
of the American people.
The
department’s primary
directive under
the
next
Administration
should
be to
return to
an
unapologetic focus
on
dismantling these criminal
organizations and
incarcerating their
membership.
Once
this
reprioritization
occurs,
the
depart-
ment’s political
leadership should take
concrete
steps to
use agency
reach and
resources
to
prevent
these
criminal
organizations
from
operating
and
surviving.
Assaulting
the
business
model
of
these
criminal
organizations—which
are
massive,
diversified
enterprises
with
nationwide
or
international
operations—is
essential
for success.
The next
Administration will therefore
need to:
•
Revitalize the DOJ’s use of the array of statutory tools
that exist for
dealing with the threat of criminal organizations.
The most potent
ones
are the
simplest.
For example,
the
department should:
2025 Presidential
Transition Project
1.
Rigorously prosecute as
much
interstate drug
activity as
possible,
including simple
possession
of
distributable
quantities.46 Recent
efforts
to create
the
impression that drug
possession crimes are
not serious
offenses has contributed to
the
explosion of
criminal
organization activities in the United States.
2.
Aggressively deploy the
Racketeer
Influenced and
Corrupt Organizations
Act (RICO),47
which
Congress expressly
created to
empower the Department of Justice to treat patterns of
intrastate- level
crimes, such
as robbery, extortion,
and murder,
as federal
criminal conduct
for
criminal
organizations and networks.
The next
Administration can
use
existing
tools
while
it
works
with
Congress
to develop
new tools.
•
Secure the border,48
which is the key entry point for many criminal
organizations and their supplies, products, and employees.
Mexico—
which
is
arguably
functioning
as
a
failed
state
run
by
drug
cartels—is
the
main point
of transit
for illegal
drugs
produced in
Central and
South America,
fentanyl
precursors from the
Chinese
Communist
Party–led People’s
Republic
of
China,49 weapons,
human
smuggling
and
trafficking, and
other
contraband. Mexican drug
cartels,
including the
dominant Sinaloa Cartel and
the Jalisco
New
Generation Cartel
(CJNG), are
the main
drivers of fentanyl
production and distribution
in the
United
States. The
southwestern land
border is
sufficiently
porous
that Mexican
drug
cartels have
operational
control of
large
sections of
the border, which
facilitates easy
movement
of product
and
personnel.
These
cartels
are
also
violent
and not
afraid to
demonstrate
force on
both sides
of the border. Their
conduct represents a clear
and present
danger to
the United
States and
its
citizens.
In
addition
to finalizing
the
southwestern land
border
wall, the
next
Administration should
take
a
creative
and
aggressive
approach
to
tackling
these dangerous
criminal
organizations
at
the
border.
This
could
include use
of active-duty military
personnel and National
Guardsmen to assist in
arrest
operations along
the
border—something that has
not yet
been done.
A
new
and
forceful
approach
to
interdiction
will
have
a
ripple
effect
on
the
operations of these
criminal
organizations,
which currently operate freely
without concern
for
criminal
prosecution, and will
lay the
necessary groundwork for initial prosecutions of these organizations and their
leaders.
It
is critical
that the
federal
government staunch
the flow
of drugs
by preventing
the
far-too-easy
access
to
the
United
States
that
now
exists.
Mandate for
Leadership: The Conservative
Promise
There
can
be
no
serious dispute
that the
Biden Administration
has
opened the
southwest
border to
whomever
wants to
enter and
that some
of those
entrants are smuggling fentanyl
into the
country.
More than
100,000 Americans
died
in
a
one-year
period
from
opioid
overdoses,
and
many
of
them
died
specifically from
having
used
fentanyl.50 The
federal
government should
treat this
problem as
aggressively
as
necessary.
Enforcing the
customs and
immigration laws is
a matter
of life
and death.
PURSUING A
NATIONAL
SECURITY AGENDA
AIMED AT
EXTERNAL STATE AND NON-STATE ACTORS, NOT U.S. CITIZENS
EXERCISING THEIR CONSTITUTIONAL RIGHTS
The
Department
of
Justice
plays a
vital role
in
protecting
our
national
security,
and
it
must
not
refrain
from engaging
in
public
initiatives that
identify our
adver- saries
and
educate the
American
people about
their
activities.
The
DOJ’s China
Initiative under
President Trump
reflected the
department’s priority
of
combating Chinese
threats to
our
national security.51
Because
China was
accountable for
approximately
80 percent
of all
prosecutions for economic espionage
and approximately 60 percent of all thefts of trade secrets,
then-At- torney
General Jeff
Sessions
set key
goals for
the China
Initiative that included
development of an enforcement strategy concerning
researchers in labs and
universities who were being coopted into stealing critical
U.S. technologies, iden- tification of opportunities
to address
supply-chain threats more
effectively, and education of colleges and
universities about potential threats from Chinese influ-
ence efforts on campus.
In February
2022, the Biden Administration terminated the department’s
China
Initiative
largely out
of
a
concern for
poor “optics.”52 While
the
Biden
Administra- tion
correctly
identified China
as
America’s
“only competitor
with both
the
intent to
reshape
the international
order and,
increasingly,
the
economic,
diplomatic, military,
and
technological
power to
do it,”53
it
folded in
the face
of
political cor- rectness
and
sent
the
message
that
liberal
sensitivities
outweighed
bringing
justice to
threats
from China.
The next
conservative Administration should
therefore:
•
Restart the
China
Initiative.
•
Pursue other
programs
to educate
the
American people
about the
real and
dangerous
threats to
our national security
and
economic security that are posed by actors across the globe,
most notably China and Iran.
•
Ensure that
it is
agile
enough to
devote
sufficient
resources and
attention to other emerging threats that
involve federal interests
2025 Presidential
Transition Project
such
as
increases in
“sextortion,”
ransomware, and the
continued proliferation of child pornography.
DEFENDING
THE RULE OF
LAW
The
DOJ’s actions
over the
course of
the
Biden
Administration
exhibit
scorn for its
stated mission:
“to
uphold
the
rule
of
law,
to
keep
our
country
safe, and
to
pro-
tect
civil
rights.”54 The
Biden
Administration’s
unprecedented
politicization
and weaponization of the
department therefore demand
a
comprehensive
response from the next Administration.
Restoration
of
the
department’s values
of
independence,
impartiality,
honesty, integrity, respect, and excellence must serve as
first principles for its efforts on all
fronts.
Concretely, the DOJ must identify and address all
individuals, policies, and
directives
that have
fueled the
destruction of
these core
values and
the
American people’s
loss of
trust in
the
department
and
its
officials. The
next Administration
will
need
to
exert significant
energy to
dismantle the
two-tiered system
of
justice
currently
in place at the department while simultaneously applying the
rule of law evenly and
with neutrality.
Specific examples of department
corruption, such as the Russia collusion
hoax,
will
need
to
be
tackled,
exposed,
and
addressed
head-on.
This
will
require
not just
winning
in
a
court
of
law,
but
also
demonstrating
culpability
to
the
public
and the
media
in
a
concrete
and
nonrefutable
manner.
These
efforts
will
require
commitment
and
willpower,
but
they
will
be
essential
to
restoring
the
trust
of
the
American people.
Promptly and Properly Eliminating
Lawless Policies, Investigations, and Cases, Including All
Existing Consent Decrees.
Few things undermine the
DOJ’s credibility more than brazenly partisan and ideologically driven
prosecution of an Administration’s perceived political
enemies, yet the department has readily indulged
in such
misadventures
during the
Biden
Administration.
Before even
entering the Robert F.
Kennedy
building on
January
20, 2025,
the next
Adminis- tration should:
•
Conduct a
thorough
review of
all
publicly available
policies, investigations, and cases.
•
In a manner consistent with applicable law, prepare a plan
to end immediately
any policies,
investigations,
or cases
that run
contrary to law or Administration policies.
•
Ensure that
upon the
next
President’s
inauguration, appointees at the
department obtain information about anything that was not
learned before taking office and conduct the same analysis.
Mandate for
Leadership: The Conservative
Promise
An
egregious example
of
the
need for
such a
review is
provided by
the
depart- ment’s
use of
the Freedom
of Access
to Clinic
Entrances
(FACE) Act55 to harass pro-life demonstrators
while not pursuing similar investigations of shocking acts
of violence
committed against pro-life pregnancy resource centers. On
the morning of
September
23, 2022,
pro-life
activist Mark
Houck was
arrested
by more
than 15
FBI
agents
at
his
home
in
Pennsylvania
in
front
of
his
wife
and
small
children.
Agents came
to
his
door
with
guns
drawn
to
arrest
the
48-year-old
father
of
seven
whose alleged crime
involved a minor altercation with an activist who was
harass- ing
one of his children
in front
of an
abortion
clinic almost
one year
before Mr.
Houck’s
arrest
by
the
FBI.56 Similarly,
Paul
Vaughn,
a
55-year-old
father of
11,
was
arrested
at his
home in
Mt. Juliet,
Tennessee,
by armed
FBI agents
for
allegedly participating
in a
peaceful
protest at
an abortion
clinic one
year
earlier.57
These
arrests stand
in
stark
contrast to
the
department’s
virtual silence
on
the
wave
of vandalism and violence directed at religiously affiliated
institutions, includ-
ing
pregnancy
resource centers,
following the
Supreme Court’s
decision in
Dobbs
v. Jackson Women’s Health Organization.58
The Catholic News Agency reported more than one
hundred such incidents as of September 2022.59
By
engaging in
disparate and
viewpoint-based
enforcement
of
an
already con-
troversial
law
like
the
FACE
Act
against
pro-life activists,
the
DOJ
has
needlessly
undermined
its
credibility
with law-abiding
people
of
faith.
The department
should
make every effort to
uphold equal protection of the law and avoid politically
moti- vated and
viewpoint-based prosecutions. Specifically, it should:
•
Ensure that its review extends beyond ending the absurd
double standards embodied in the ongoing campaign of FACE
Act prosecutions
and instead
be a
thorough
and holistic
review of
all DOJ
activities, including all consent degrees and settlement
agreements currently in force.
•
Seek to
terminate any unnecessary
or
outdated consent
decree to
which the United States is a party.
•
Consider pursuing intervention in other matters where
consent decrees or settlement agreements continue to bind
parties years or decades after the fact.
•
As its
review
concludes, and
consistent
with applicable
law, take
appropriate action in all cases, including those on appeal.
•
Enact policies and regulations that prohibit settlement
payments to third
parties.
2025 Presidential
Transition Project
Engaging in Zealous Advocacy for and Defense of the Constitution
and Lawful
Administration
Regulations and Policies.
The
Department of Jus-
tice has the exclusive responsibility for the
“conduct of litigation in which the United
States, an
agency, or
officer
thereof”60
is
involved
and has
been
charged with the supervision of
“all
litigation to
which the
United
States, an
agency, or
officer thereof is
a party.”61 However,
in
politically
contentious cases, Assistant
United
States
Attorneys
and other
line
prosecutors
during
conservative
Admin- istrations
seek
to
influence
outcomes
of
cases
not
because
of
any
legal
deficiency in
the
case
or
policy
being
defended,
but by
refusing
to
take
certain
positions,
by
writing
public
letters
of protest,
and
by
engaging
in
faux
resignations
from
certain
internal
appointments.
This can
cause the
department
to take
positions that are
inconsistent with
the
interests
of
the
President
and
his
appointees
in
other
places
throughout the Administration.
While
the
supervision
of
litigation
is
a
DOJ
responsibility,
the
department
falls under the
direct supervision
and
control
of
the
President of
the
United
States as
a
component of the executive branch. Thus, and putting aside
criminal prosecutions
that
can
warrant different
treatment, litigation
decisions must
be
made
consistent
with
the
President’s
agenda. This
can
force
line attorneys
to
take
uncomfortable positions
in
civil cases
because those
positions are
more closely
aligned with
the President’s policy
agenda.
Ultimately,
the
department
will have
to
make
tough calls
as
it
manages its
litiga-
tion, but those calls must always be consistent with the President’s
policy agenda
and
the
rule
of
law.
A line
attorney
should
never
either directly
or
indirectly
pursue
a policy agenda through litigation that is inconsistent with the agenda
of his or her client
agency or
the
President. The department
should also
be
cognizant of
any attempts
to slow litigation
and
outlast the
Administration
to avoid
finality. The next conservative Administration should therefore:
•
Issue guidance to ensure that litigation decisions are
consistent with the President’s agenda and the rule of law.
•
Ensure that,
consistent with this
principle, the department’s
leadership
is prepared
to impose
appropriate disciplinary action
as
circumstances arise.
Affirming the
Separation of Powers.
Federal courts have jurisdiction
to deal with a
wide array
of issues
in law
and equity
in the
United
States. The
increas- ingly aggressive posture
of federal
courts does
not change
one
constitutionally immutable
fact: All
three
branches of
the federal government
retain not
just the
right, but
the
obligation
to
assess
constitutionality.
It
is
this
obligation
that
is
the
foundation of the separation of powers.
Mandate for
Leadership: The Conservative
Promise
The next conservative
Administration should embrace
the
Constitution and
understand the obligation
of the executive branch to use its independent resources and
authorities to restrain the excesses of both the legislative
and judicial branches. This
will mean
ensuring
that the
leadership of the
Department of Justice
and its
components understand the separation of powers, that
pushback among the
branches
is a
positive
feature
and
not
a
defect
of
our
system,
and
that
the
federal
system is
strengthened, not weakened,
by
disagreement among
the
branches.
One
example
includes
potentially
seeking
the
overruling
of
Humphrey's
Exec- utor
v.
United
States.62 This
case
approved
so-called
independent
agencies
whose
directors are not removable by the President at will. The
Supreme Court has chipped
away
at
Humphrey's
Executor
in
cases
like
Seila
Law
v.
Consumer
Financial
Protection Bureau,63
but the
precedent
remains. The
next
conservative Adminis- tration should
formally
take the
position
that Humphrey's
Executor
violates the
Constitution's separation of powers.
Zealously Guarding Other Constitutional Protections.
The next conserva-
tive
Administration
must
ensure
that
the
DOJ
zealously
guards
the
constitutional
rights of all
Americans in all that it does. This extends not only to
rights implicated
in
the
department’s criminal
activities,
but
to
all
rights
enjoyed
by
the
American
people—such as
the First
Amendment. The department
should
reject any
invi- tation to
limit
these
fundamental
promises
based
on
the
political
ideology
of
the speech
at issue.
A
recent Supreme
Court case
illustrates the
problems that
arise when
the
DOJ
takes
a cramped
interpretation
of the
First
Amendment in
service of
a political
ideology. In 303
Creative LLC v. Elenis, the department argued in favor
of the government’s
ability
to
coerce
and
compel
what
the
lower
courts
all
found
to
be pure
speech.64
The
oral
argument made
clear the
department’s
view that
it was
the
viewpoint
expressed
that
gave
the
government
power
to
censor
and
compel
speech. During oral argument, the United States took the
remarkable position that government
can
compel
a
Christian
website
designer
to
imagine,
create,
and publish
a custom
website
celebrating
same-sex marriage
but cannot
compel an
LGBT person
to design
a similar
website
celebrating
opposite-sex
marriage.65
In
the
government’s
view, declining
to
create
the
latter
website
was based
on
an
objec- tion to the
message,
while the
former was
based on
status
rather than
message, but
this
argument
inevitably
turns
on
the
viewpoint
expressed.
It
means
that
the
government gets to decide
which viewpoints are protected and which are not—a
frightening and blatantly unconstitutional proposition.
Just
as
troubling,
the
government’s
arguments against
free speech
are
not
lim-
ited
to
the
facts of
303
Creative.
As
Colorado
admitted to
the
lower
courts, all
sorts
of
artists and
speakers
like
speechwriters, photographers,
and
videographers
can
be
compelled
to
design
custom
messages
that
violate
their
most
fundamental
convic- tions
as
long
as
it
serves
a
certain
viewpoint
that
the
government
wants
to
promote.
2025 Presidential
Transition Project
In fact, it
was only
a few
years ago,
in
Masterpiece
Cakeshop,
that the
govern- ment
acknowledged
the
constitutional
problems involved
in
compelling artists to
speak
government-favored
messages.
In
that
case,
the
United
States
acknowl- edged
“a
basic
First
Amendment
principle
that
‘freedom
of
speech
prohibits
the
government from
telling
people what
they must
say.’”66 The department had
it right
when
it
argued
that
the
government
may
not
“compel
the
dissemination
of
its
own
preferred
message,”
because
the
First
Amendment
protects
the
“individual
freedom of
mind.”67 It
was
also
correct when
it
argued
that “[a]n
artist cannot
be forced
to paint,
a musician
cannot be
forced to
play, and
a poet
cannot be
forced to
write.”68 The United States’
directly
contrary position
in
303
Creative
is hard to
explain
based on
anything
other than
its support
for the
message the
State of
Colorado was attempting to compel.
It
is
black
letter law
that no
official “can
prescribe what
shall be
orthodox…or force
citizens to confess by word or act their faith therein.”69 Rather, the First
Amendment
places “the
decision
as
to
what
views
shall
be
voiced
largely
into
the
hands of each of us, in
the hope that use of such freedom will ultimately produce a
more
capable
citizenry and
more
perfect
polity.”70 As
the Supreme
Court has
noted,
government
officials
have
frequently
sought
to
“coerce
uniformity
of
sentiment in
support
of
some
end
thought
essential
to
their
time
and
country.”71 In
the
face of
such
attempts to
coerce
orthodoxy, the DOJ
should
maintain its
commitment to
upholding
the Constitution’s
neutral
principles
of
free
speech,
which
commit the
government
“to
preserve
an uninhibited
marketplace
of
ideas
in
which
truth will
ultimately prevail.”72
Pursuing Equal
Protection for All Americans by Vigorously Enforcing
Applicable Federal Civil Rights Laws in Government,
Education, and the
Private
Sector.
Entities
across the
private
and public
sectors in
the United States
have
been
besieged
in recent
years
by
an
unholy
alliance
of
special
interests,
rad-
icals
in
government, and
the far
Left. This
unholy
alliance speaks
in
platitudes
about advancing the
interests
of certain
segments of
American
society, but
that advancement comes
at
the
expense
of
other
Americans
and
in
nearly
all
cases
vio- lates
long-standing federal law.
Even
though numerous
federal laws
prohibit discrimination
based on
notable immutable
characteristics such as race and sex,73
the Biden Administration—
through
the
DOJ’s
Civil
Rights
Division
and other
federal
entities—has
enshrined
affirmative
discrimination
in
all
aspects
of
its
operations
under
the
guise
of
“equity.”
Federal agencies
and
their
components
have
established
so-called
diversity,
equity, and
inclusion
(DEI)
offices
that
have
become
the
vehicles
for this
unlawful
discrim- ination,
and
all
departments and
agencies
have
created
“equity”
plans
to
carry
out
these
invidious
schemes.74 To
reverse
this trend,
the
next
conservative Adminis-
tration
should:
Mandate for
Leadership: The Conservative
Promise
•
Ensure
that the
DOJ
spearheads an
initiative
demonstrating the
federal
government’s commitment to
nondiscrimination.
The
department
should also
lead a
whole-of-government
recommitment to nondiscrimination
and
should
be
working
with
all
other
federal
agencies,
boards, and
commissions to ensure
that they
are both
complying
with constitutional
and legal
requirements
and using
their
authorities and
funding to prevent
discrimination not only
internally, but also
at the
state, local, and private-sector
levels.
This will
require
particularly
close coordination with
several
key
agencies,
including
such
obvious
candidates
as the Equal Employment
Opportunity Commission; the
Departments
of
Defense, Education,
and
Housing
and
Urban
Development; and
the
Securities
and
Exchange
Commission. It
will also
require enforcing
contractual requirements that
prohibit discrimination on federal
contractors.
•
Reorganize
and refocus
the DOJ’s
Civil
Rights Division
to serve
as the
vanguard for this return to lawfulness.
The Attorney General and other
DOJ
political
leadership should provide
the
resources and
moral
support needed
for
these
efforts.
The
Civil
Rights
Division
should
spend
its
first
year under
the next
Administration using the
full force
of federal
prosecutorial resources
to
investigate and
prosecute
all state
and local
governments, institutions
of higher
education, corporations, and
any other
private employers
who
are
engaged
in
discrimination
in
violation
of
constitutional
and legal requirements.
Announcing a Campaign to Enforce the Criminal Prohibitions
in 18 U.S. Code §§ 1461 and 1462 Against Providers and
Distributors of Abortion Pills
That Use the Mail.
Federal law prohibits mailing “[e]very article, instrument,
substance,
drug,
medicine,
or thing
which
is
advertised
or
described
in
a
manner calculated
to
lead
another
to use
or
apply
it
for
producing
abortion.”75 Following
the
Supreme Court’s
decision
in
Dobbs,
there
is now
no
federal prohibition
on
the
enforcement of
this
statute. The
Department
of Justice
in the
next
conservative
Administration should therefore announce its intent to
enforce federal law against providers and distributors
of such
pills.
Reassigning
Responsibility
for
Prosecuting Election-Related
Offenses
from the
Civil
Rights Division
to the
Criminal
Division.
The Attorney Gen- eral
in the next
conservative Administration should
reassign
responsibility
for prosecuting
violations of
18 U.S.
Code §
24176
from the
Civil
Rights Division
to the
Criminal Division
where it
belongs.
Otherwise, voter registration
fraud and
unlawful ballot correction will remain federal election
offenses that are never appropriately
investigated
and
prosecuted.77
2025 Presidential
Transition Project
Voter
fraud includes
unlawful practices
concerning voter
registration and
ballot
correction.
When
state
legislatures are
silent as
to
procedures
for
absentee
ballot
curing
or
provide
specific rules
governing that
curing, neither
counties nor
courts
may
create
a
cure
right
where one
does not
exist, may
not
modify
the
law
on
curing,
and
certainly
cannot engage
in
creating
consent orders
with the
force of
law
that
are
inconsistent
with the
orders of
other
similarly situated counties.
The DOJ has ceded substantial
discretion concerning voter suppression to the Civil Rights
Division. Since the Bush Administration, DOJ leadership has
determined
that using
the
Election
Crimes
Branch
to
prosecute
fraudulent
voter
registration,
including
mail-in ballot
fraud,
was
too
politically
costly.78 The
Crim-
inal Division’s Federal
Prosecution of Election Offenses handbook advised that
schemes
that
violated
equal protection
constituted
“voter
suppression”
prosecut- able
under
18
U.S.
Code
§
241
as
part
of
the
guidelines
for which
the
department’s
criminal
prosecutors were
trained.79 State-based
investigations
of
election
crimes are supposed
to
be
referred to
the
Public
Integrity Section
for
review.
Historically,
18
U.S.
Code §
241
(conspiracy
against rights)
was
used
as
a
basis for
investigating state
officials
whose statements
or orders
violated
the equal
protection rights of
voters
or
deliberately misinformed
voters
concerning
the
eligibility
of
their
ballots.
Nevertheless, the
Department of Justice
has
formalized the
Civil
Rights Divi-
sion’s (as
opposed
to
the
Criminal
Division’s)
jurisdiction
over
18
U.S.
Code
§
241
investigations and
prosecutions.
The
Criminal
Division
is
no
longer
involved
in
consultation or
review
of
18
U.S.
Code
§
241
investigations.80 The
Criminal
Division has accordingly
advised states
that “[i]n
the
case
of
a
crime of
violence or
intimida- tion,”
they
should “call
911
immediately
and
before
contacting federal
authorities”
because “[s]tate
and
local
police have
primary jurisdiction
over polling
places,”81
despite
clearly
applicable federal
law.
This
is
a
mistake. With
respect to
the
2020
presidential election,
there were
no
DOJ
investigations of the appropriateness or lawfulness of state
election guidance.
Consider the
state of
Pennsylvania.
The
Secretary of
State sent
guidance
to the counties
stating that:
This
revised guidance
addresses
the
issuance,
voting
and
examination of
provisional
ballots
under
the
Election
Code.
Provisional
ballots
were
originally mandated
by section
302 of
the Help
America
Vote Act
of 2002
(HAVA). Provisional
ballot
amendments
included
in
Act
77
of
2019
went
into effect
for
the
2020
Primary
election.
Provisional
ballot
amendments
included in
Act 12 of
2020 go
into effect
for the
first time
on November
3, 2020.82
HAVA,
however, mandates
provisional ballots
only for
eligible voters
who
were
not
on a
state’s
voter
registration
list.83 It does not
apply to
those who
registered for
mail-in voting
but
whose
ballots
were
rejected
due
to
some
form
of
spoliation.
Mandate for
Leadership: The Conservative
Promise
Pennsylvania
Act 12
(amended
in 2020)
does not
authorize curing by
providing provisional
ballots
for mail-in
voters
whose
ballots
were
rejected.
Act
12
requires,
as part
of the
mail-in
application
process, an
affidavit
that:
[The elector]
shall not
be eligible
to vote
at a
polling
place on
election
day unless the
elector
brings the
elector’s
mail-in ballot
to the
elector’s
polling place,
remits the
ballot and
the
envelope
containing the
declaration of the elector
to the
judge of
elections
to be spoiled and
signs a
statement
subject to
the
penalties
under
18
Pa.C.S.
§
4904
(relating
to
unsworn
falsification
to
authorities) to the same effect.84
The
law
in
Pennsylvania clearly
states that
no
county
may
affirmatively
provide provisional ballots: The mail-in voter must vote
in person and sign a new affidavit. In the 2020 election,
the Pennsylvania Supreme Court recognized that “the Election
Code contains
no
requirement
that voters
whose ballots
are
deemed
inadequately verified
be
apprised of
this fact.
Thus, unlike
in-person voters,
mail-in or
absentee
voters are not provided any opportunity to cure perceived defects in a
timely man-
ner.”85 Given
the
Pennsylvania
Secretary of
State’s use
of
guidance
to
circumvent
state
law,
the
Pennsylvania
Secretary of
State should
have been
(and still
should be)
investigated
and
prosecuted
for
potential
violations of
18
U.S.
Code §
241.
Investigations
and
prosecutions
under 18
U.S. Code
§
241
are
currently
within
the
jurisdictional
oversight of the
Civil
Rights
Division,
not the
Criminal
Division.86 Only
by
moving
authority for
18
U.S.
Code §
241
investigations
and
prosecutions back
to the
Criminal
Division will
the rule
of law
be
appropriately enforced.
Rejecting Third-Party
Requests
for Politically
Motivated Investigations or Prosecutions. The DOJ
should reject demands from third-party groups that
ask it to threaten politically motivated investigation or prosecution of
those engag- ing in lawful and, in many cases,
constitutionally protected activity. By acceding to such
demands, the department risks diminishing its credibility
with the American
public. This risk is exacerbated by the fact that
communications between govern-
ment
officials
and third-party
groups
are
generally
unprotected
by
privilege
and
subject to disclosure,
whether via subpoena to the third-party group or via request
made
pursuant to
the
Freedom of
Information
Act. These
communications can even be
made public
voluntarily by the
third-party group.
A
recent
example
illustrates
the
risks
posed by
such activity.
On
October
4,
2021,
Attorney
General
Merrick Garland
issued a
memorandum
to the
Director
of the
FBI,
the
Executive
Office for
U.S.
Attorneys,
and
the
Assistant
Attorney
General,
Criminal Division,
calling on
the FBI to
work with
each U.S.
Attorney to
“con- vene
meetings
with federal,
state,
local,
Tribal,
and
territorial
leaders”
to
discuss strategies
for
addressing
“threats
against
school
administrators,
board
members,
teachers, and
staff.”87
Subsequent
reporting
and investigation
revealed
that the
2025 Presidential
Transition Project
memorandum
was
prompted
by
a
September 29,
2021, letter
sent by
the
National School
Boards
Association (NSBA) to
President Biden demanding
a federal
law enforcement response to
perceived
threats to
school
board members
and pub-
lic-school
employees.
The NSBA letter
made
outlandish
demands in
response
to protests
that were
then occurring at school
board meetings in response to COVID policies and revela-
tions
about
the
use
of
critical
race
theory–infused
curricula
in
classrooms.
Among
the
letter’s
demands was
a
call
for
a
federal
investigation
into
parents’
actions
(“hei- nous
actions”
that “could
be the
equivalent to a
form of
domestic
terrorism and
hate
crimes”)
under a
variety
of
federal
laws
including
the
“Gun-Free
Zones
Act, the
PATRIOT Act in regards to domestic terrorism, the Matthew
Shepard and James Byrd Jr. Hate Crimes and Prevention Act,
the Violent Interference with Federally
Protected
Rights statute,
and the
Conspiracy
Against Rights
statute” and
“an
Executive
Order to
enforce
all
applicable
federal
laws
for
the
protection
of students
and public
school
district
personnel, and any
related
measure.”88
Both the Attorney
General’s
memorandum and
the NSBA
letter drew
swift public
condemnation,
including
from
14
sitting
state
Attorneys
General.89 A
sub-
sequent
internal investigation
commissioned by
the
NSBA
revealed that
officials
at the White House had been in discussions with NSBA officials about the
contents
of
the
letter
weeks before
it
was
issued. The
investigation
also
revealed that
White House officials
indicated they
planned to
raise the
contents of
the
draft
letter with
DOJ
officials a
full week
before the
NSBA’s
letter was
issued.90
This
cooperation by
a
third-party
group, the
White House,
and
the
DOJ
to
craft and coordinate
a
response
to
an
ill-advised and
politically motivated
letter under- mines
the
department’s
credibility as
an
impartial
law
enforcement
agency. In
the words
of the
14 state
Attorneys
General who
wrote to
oppose the
department’s memorandum,
“potential collusion between
the White
House, the
Department, and
the NSBA
in the
actual
creation of
the
September 29
letter—as
a pretext
for threats against parents—raises serious concerns.”91
The DOJ should carefully
scrutinize all requests for law enforcement assis-
tance
and
reject
requests
by third
parties
to
engage
in
political
grandstanding
that
ignores
the
department’s traditional
jurisdictional
limits
and
that
would
trample
politically
controversial but
constitutionally
protected
activity.
Ensuring Proper Distribution of DOJ Grant Funds.
DOJ grants are an
underutilized
asset
in
most
conservative
Administrations.
When
used
properly,
they can
be
highly
effective
in
implementing
the
President’s
priorities.
The
Office of
Justice
Programs (OJP)
is
comprised of six
components and is
responsible for most DOJ
grants to
local law
enforcement,
juvenile
justice, and
victims of
crime as
well
as
for
criminal
justice research
and
statistics.
The
opportunity
to
support
a President’s
agenda
may
be
greater
through
OJP
grant
funding
than
it
is
through any
of the federal
government’s other grant-making
components.
Consistent with appropriations
from Congress, the OJP dispenses approxi-
mately
$7
billion
in
various
grants.
Block
grants
are
given
to
a
state
to
be
awarded
pursuant to federal regulations. Some funds to support law
enforcement and victims of crime
are
awarded pursuant
to block
grants.
But most
OJP funds
are awarded
through discretionary grants—specific programs written into
the budget by
Congress.
Although Congress dictates the
way in which many grant awards are to be
made,
federal
staff enjoy
a
tremendous
amount
of discretion
in
adding
“conditions” and
“priority
points.” Grants
operate
with a carrot and
a stick.
To receive
grant funding, a recipient
must agree
to certain
conditions, which in
many
instances include the
President’s
priorities.
For
instance,
under
an
anti–human
trafficking
grant during
the
Obama
Administration
(approximately
$110
million
in
2020),
an
awardee had to show a
partnership with an LGBTQ organization and always have
an
interpreter
on
site.
These
conditions
worked
to
change
culture
and
overlayed
President
Obama’s
priorities:
support
for
the
LGBTQ
community
and
for
more
of the
funding to
go to areas
with large
immigrant populations.
During
the
Trump
Administration, a
condition added
to
grants
stated that
an
awardee
had
to
comply with
all
federal
law
(stock
language), including
federal law regarding
the exchange of information between federal and local
authorities about an
individual’s
immigration status. This
condition
prevented law
enforcement in
“sanctuary
cities” from
receiving
grant
awards.
While
the
Trump
Administra- tion
suffered
a
series
of
setbacks
from several
hostile
courts,
it
obtained
from
the
Second
Circuit
Court of
Appeals
a
decision
upholding
the
department’s
authority
to impose these conditions.92
To ensure
that taxpayer-funded grants are prioritized and distributed
properly, the next
conservative Administration should:
•
Conduct an immediate, comprehensive review of all federal
grant disbursals
to ensure
not only
that the
programs
are being
properly administered
by the
department, but also
that the
grant
funding is being
received and used properly by recipients.
•
Order an overhaul of the DOJ grant application process, to
include more rigorous vetting of state, local, and private
grant applicants and
inclusion
of more pre-application
criteria to
ensure
baseline fitness
and eligibility
for federal
grant
dollars.
This
long-overdue enhancement
of the
grant
application and
issuance
process will
ensure
that hard-earned
taxpayer
dollars are
going
only
to
lawful
actors
who
support
federal
law
enforcement and
demonstrate
the ability
and
willingness to
engage in
lawful
activities.
2025 Presidential
Transition Project
Ensuring Proper Enforcement and Administration of Our Immigration
Laws.
Although
its role
has
changed over
the years,
most
notably following the passage of
the
Homeland Security
Act of 2002,93
the
Department
of Justice
plays a
crucial role
in the
enforcement and adjudication
of our
immigration laws.94
Its
leadership
and
energy,
however,
have
not
always
reflected
the
importance
placed
by Congress
on
the
execution
of
that
crucial
mission.
With
a
few
notable
exceptions,
successful
fulfillment of
the
department’s responsibilities with
respect to
immi- gration
was largely
neglected
until
the
Trump
Administration.
The
Department
of Homeland
Security
may be the largest
federal
department with
immigration responsibilities, but successful
fulfillment of the responsibilities prescribed by the
immigration laws is
not
possible without
bold and
dedicated action by
the Department of Justice.
The DOJ and its leadership must
intentionally prioritize fulfillment of the
department’s immigration-related responsibilities in the next
conservative Admin-
istration.
This
will
be
no
small
task,
as
these
responsibilities
play
out
across
nearly
every DOJ
office and
component. If they
hope to
fulfill
their
responsibilities
as assigned by Congress
and deliver results for the American people, the department
and the Attorney General should:
•
Issue guidance
to all U.S. Attorneys
emphasizing the importance of
prosecuting immigration offenses,95
and immigration-related
offenses.
The brunt of these offenses is born by districts along the
southwestern
border with
Mexico, but
the simple
fact
remains that
immigration and
immigration-related
offenses
are present
in every
district across
the
country.
Successfully
pursuing
the
priorities
outlined in
this
chapter
will require
creative
use
of
the
various
immigration
and
immigration-related
authorities in
close partnership
with the
Department of
Homeland
Security, the
Department of State,
and other
appropriate federal entities depending on the
situation.
•
Pursue
appropriate steps
to assist
the
Department of
Homeland
Security in
obtaining
information about criminal
aliens in
jurisdictions
across the
United
States,
particularly
those inside
“sanctuary” jurisdictions.
•
Examine and consider the appropriateness of withdrawing or
overturning every immigration decision rendered by
Attorney General
Garland (and any successor Attorney General during
President Biden’s term).
The Attorney
General
should pick
up where
the Attorneys
General
under President
Trump left
off and
exercise
his or her authority
to
adjudicate
cases
and
provide
guidance
in
appropriate
cases
to
Mandate for
Leadership: The Conservative
Promise
correct
erroneous decisions,
provide clarity,
and
align
Executive Office
for Immigration
Review
(EOIR) decisions
with the
law.
•
At a
minimum,
pursue through
rulemaking—and in partnership with the
Department of Homeland Security where appropriate—the
promulgation of every rule related to immigration that was
issued
during the Trump Administration.
Such rulemakings include guidance on
continuances
in
immigration court
cases,
eligibility for
asylum,
and other related matters.
However,
the DOJ should not
stop there:
It should
continually
evaluate its
authorities
and operational
reality
within the
immigration court
system and
promulgate
regulations accordingly.
•
Commit sufficient resources to the adjudication of cases in
the immigration
court system
in
different
environments (for example,
in the context of the Migrant Protection Protocols).
•
Pursue proactive litigation to advance the federal
government’s interests in areas where erroneous precedent
curtails authorities provided
by Congress (for
example,
by pursuing
the
overturning of the
Flores
Settlement Agreement).
•
Pursue aggressive enforcement of the immigration laws
within the Immigrant
and
Employee Rights
Section of
the Civil
Rights
Division to ensure that no American citizen is discriminated
against in the employment context in favor of a temporary or
foreign worker.96
•
Ensure the deployment and use of appointees throughout the department who
are
committed to
successful
achievement of the department’s
immigration-related missions.
This includes
personnel
in
or
overseeing
not only
the
EOIR, but
also
the Office
of
the Attorney
General, Office
of the
Deputy
Attorney General,
Office
of the
Associate
Attorney General, Office
of
the Solicitor
General,
and nearly
every
other component/
office throughout the
department.
•
Pursue a
more
vigorous
anti-fraud
program within
the EOIR.
In perhaps
no other
area of
law are
there more
attorneys
who commit
acts of
fraud
against
their
clients—advancing
completely
meritless
arguments
in
exchange for
exorbitant fees—than
there are
in
the
area of
immigration. Fraud
and
unethical behavior
are
rampant
in
the
immigration system
and must
be
addressed—not only
to ensure
that the
federal
government is operating
in
a
proper
manner,
but
also
for
the
sake
of
the
aliens
involved
in
2025 Presidential
Transition Project
the
process as
well as
the
integrity/credibility
of
the
members of
the
private immigration
bar who
do not
engage in
such
conduct.
ADDITIONAL
ESSENTIAL
REFORMS
Aligning Departmental Resources with Leadership Priorities
Across All
Components and U.S. Attorneys’ Offices.
As the next
Administration pursues its
objectives,
it should
use the
department’s resources efficiently
in a
manner that delivers results
for the
American
people. To
accomplish this goal,
it will
be necessary
to:
•
Ensure
the
assignment of
sufficient
political
appointees
throughout
the department.
Ensuring adequate
accountability
throughout
the DOJ
requires the
intentional
devotion
of
sufficient
resources
by
the
Administra-
tion—not
simply
replicating
what
was
done
under
prior
Administrations
and
reflected
in the
Plum
Book.97 The number
of
appointees serving
throughout
the
department
in prior
Administrations—particularly
during
the Trump
Administration—has not
been
sufficient either
to
stop bad
things
from hap-
pening through
proper
management or
to
promote the
President’s
agenda.
It
is not
enough for
political
appointees to serve
in obvious
offices
like the
Office
of
the
Attorney
General or
the
Office
of
the
Deputy
Attorney
General.
The next
conservative
Administration
must
make
every
effort
to
obtain
the resources
to
support
a
vast
expansion
of the
number
of
appointees
in
every office
and
component
across the
department—especially
in
the
Civil
Rights
Division, the FBI, and the EOIR.
•
End all nonessential details of department
personnel—particularly
those detailed to congressional offices—until the
department can
conduct a thorough review of its personnel needs.
Considering
all of
the
many
challenges facing
the
DOJ, the
next
conservative Administration
should terminate and recall
all
details of
DOJ
personnel shortly after
the President’s inauguration. After
a thorough
analysis of
the department’s resources
and priorities is completed,
details to
other
portions of
the executive
branch and
to Congress can
resume.
•
Ensure accountability for personnel sanctioned or referred
for discipline
after a finding of misconduct.
The next conservative
Administration
should complete
a
thorough
review
of
any
sanctions
or findings
of
misconduct issued
over the
four years
preceding
the
inauguration
to
ensure
that the
Biden Administration
acted appropriately
in
response
to any
such
sanctions or
findings.
Mandate
for
Leadership: The
Conservative
Promise
•
Undertake a
comprehensive
review of
DOJ hiring practices.
The
next
conservative
Administration should conduct
a holistic
review of
hiring practices employed across
all DOJ
offices and
components
to ensure
that those
practices
comply
with
applicable
law
and
policy.
All
hiring
committees
associated
with
hiring
for
career
positions
across
the
department
should
be assessed
for
impartiality to
ensure
that
individuals
are
hired
based
on
merit, aptitude,
and
legal
skill
and
not
based
on
association with
or
membership
in certain
ideologically aligned
groups
or
based
on
illegal
considerations
such as
race, religion, or sex.
Eliminating
Redundant Offices and Consolidating Functions to Increase
Efficiencies.
The
next
conservative Administration
should explore
the
possibility
of
consolidating and aligning the functions of the DOJ’s
various components and offices
in
human
resources, legal
counsel, public
relations, and
other related
areas.
While
local
access
to
appropriate
personnel and
resources is
important, there
are
inefficiencies and redundancies across the department that result in a
bureaucratic, Rube Goldberg–style design
that
ultimately hinders
the
department’s
mission. From IT infrastructure
to
management
functions to
public
relations, DOJ lead-
ership
should
explore
consolidation
and
intradepartmental
efficiencies
to
obtain the
best possible support for its critical missions.
For
example,
the
Department
of
Public
Affairs has
a
dual
structure of
public
information
officers
in which
there are
some
political appointees who
lead the
office and
provide
support,
but
also
career
appointees
who
serve
as
public
infor-
mation officers for individual divisions (Criminal Division,
National Security Division,
etc.). The
career
officials handle the
day-to-day work of
the
division, which entails monitoring important cases,
assisting in editing, and distribut- ing
press releases, and
the
political
appointees will step
in for
larger
issues that
advance the
Administration’s
initiatives. This could
be made
more
efficient by
having
political
appointees
for
each
division
under
the
supervision
of
the
Direc- tor
of Public Affairs.
Additionally, given the interplay of function between the
Office of Legislative Affairs
(OLA) and
the
Office
of
Public
Affairs, as
well as
the
fact
that the
Assistant
Attorney General for the OLA is a Senate-confirmed position, the two
offices should
be
folded into
one
for
more efficiency
and
proper
coordination.
Under
an
Office
of Public
and Legislative Affairs, the Assistant Attorney General’s
portfolio would encompass both,
with one
Director/Deputy for Public
Affairs
and one Director/ Deputy for Legislative Affairs.
Pursuing Other Changes in Reporting Chains to Ensure Consistency with the Law and Administration Priorities. The next conservative Administration should undertake a comprehensive review of the DOJ’s current organizational chart and make decisions about its structure—consistent with any authority to do
so
outside
of
congressional
action—to ensure
the
most
efficient accomplishment
of the department’s
missions. For example:
•
Is
the
current
reporting
structure
for
the
Associate
Attorney
General’s
Office
the best
and optimal
for the achievement of
the
department’s
mission?
•
Should
all of the Deputy
Attorney
General’s direct
reports
continue to
be direct
reports,
or
would
a
different
structure
achieve
a
better,
more
efficient
outcome in
fulfilling the department’s
mission?
•
What
should
the
Office
of
Legal
Policy’s
role
be
in
the
next
conservative
Administration?
Should it
continue to
be responsible for
assisting
with judicial
nominations,
or
should
that
function
be
assigned
to
the
Office
of
Legislative
Affairs, which
interacts
with Congress
on a
daily
basis?
Pursuing
Legislative Changes for Assistant United States Attorneys’
Compensation. To
ensure that the department can attract and retain top legal
talent away
from
Washington,
D.C.,
the
next
conservative
Administration
should seek
congressional reform of the pay scale used for Assistant
United States Attorneys
in the
field.
At
a
minimum,
that
reform
should
include
a
proposal
to
com-
pensate
Assistant
United
States
Attorneys
on
at
least
the
same
basis
as
attorneys
employed by Main Justice
who are compensated under the GS scale. Ensuring that
the
department
can attract
and
retain
top
legal
talent
outside
of
the
D.C.
market
is
essential
and will
help
to
emphasize
the
importance
of
the
field’s
work
in
achieving
the department’s various missions.
Protecting the
Integrity of the Bureau of Justice Statistics and the
National Institute
of Justice.
The
DOJ’s
statistical and
research arms
should serve
the
Amer-
ican
people and not special interests. The Director of the Bureau
of Justice Statistics
should focus
the BJS
on
producing the
statistics
of greatest
interest to
everyday
Americans,
and hence
of
policymakers,
rather
than
those
of
particular
interest
to
crim-
inal-justice academics.
The
Director
should
insist
that
such
statistics
be
as
accurate
as possible
and
presented
as
clearly
as
possible.
The
intellectually
engaged,
everyday American
citizen
should be
able
to
read
and
understand
the
BJS’s
published
statistics
and reports
rather
than
having
to
trust
“experts”
because
the
statistics
are
not
clear.
The BJS should
focus on
the core
statistics involving crime
and
punishment, such
as those relating
to serious
crimes
committed,
imprisonment,
time served,
recidivism, and
the like.
It should
not pursue
the niche
political
agendas of
aca- demics
or
advocates.
Moreover,
a
clear
line
should
be
maintained
between
official
government statistics and third-party contractor reports.
There should be no
reports that
look
like
official
BJS
reports
but
are
authored
by
private
entities
such as
the Urban
Institute as happened
under the
Obama
Administration.
Research funded by the National
Institute of Justice should follow similar principles. The
NIJ should fund high-quality, unbiased research on the
topics of greatest interest
to
everyday
Americans and policymakers
rather
than agen- da-driven
research
desired by
advocates or academics.
The
National Crime
Victimization
Survey,
which is
the
nation’s
largest crime
survey
and
predates
the
BJS
(it
dates
to
the
Nixon
Administration),
is
of
particular importance,
and the
department should prioritize
and
sufficiently fund
it. This
survey provides the only
comprehensive and credible alternative to police reports
for
showing
who
commits
crimes.
The demographic
information
that crime
victims
provide through the
survey about who commits crimes against them enables such
reports
as
“Race
and
Ethnicity
of Violent
Crime
Offenders
and
Arrestees,
2018,”98 which
was
published
in
January
2021 and
finds that
police are
arresting those
who, according to
victims, actually commit crimes.
AUTHOR’S NOTE:
The preparation of this chapter involved contributions from
members of the 2025 Presidential
Transition
Project. Most
contributors
to this
chapter
are listed
at the
front of
this
volume—and in the
perfect
cancel-proof
world, all
contributors
of ideas
would be
listed—but
the staff
at America
First
Legal Foundation deserves
special mention for their assistance while juggling other
responsibilities. The author alone
assumes responsibility for the content of this chapter,
and no views expressed herein should be attributed to any
other individual.
2025 Presidential
Transition Project
ENDNOTES
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but-hid-that-truth/
(accessed February 3, 2023).
6.
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New
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8.
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for U.S. Attorneys; Assistant Attorney General, Criminal
Division; and United States
Attorneys,
“Subject:
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State,
Local,
Tribal,
and
Territorial
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&
other
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they
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&
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the
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By
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Mandate for
Leadership: The Conservative
Promise
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Law
Requiring
Proof
of
Citizenship,” CNN,
updated July 5, 2022,
https://www.cnn.com/2022/07/05/politics/arizona-election-law-
justice-department/index.html
(accessed February
3, 2023).
17.
Zachary Pottle, “America’s Fentanyl Crisis Is Getting
Worse,” Addiction Center, August 26, 2022,
https://www.
addictioncenter.com/news/2022/08/americas-fentanyl-crisis/
(accessed February 3, 2023).
18.
Emily Jacobs, “Merrick Garland
Speaks
at DOJ
Before Swearing-in by VP Kamala Harris,”
New
York
Post,
updated March 11, 2021,
https://nypost.com/2021/03/11/merrick-garland-speaks-at-doj-before-swearing-in-
by-kamala-harris/
(accessed February
3, 2023).
19.
Eliot H.
Lumbard,
“State and
Local
Government Crime
Control,”
Notre
Dame Law
Review, Vol. 43, Issue 6 (1968), pp.
899–907,
https://scholarship.law.nd.edu/cgi/viewcontent.
cgi?httpsredir=1&article=3119&context=ndlr
(accessed
February
3,
2023).
20.
Emma
Colton,
“Chip
Roy
Demands
DOJ
Explain
Light
Sentence
for
Floyd
Riot
Arsonist
Who
Killed
Father
of
5,” Fox News, February
10, 2022,
https://www.foxnews.com/politics/chip-roy-light-sentence-george-floyd-
arsonist-riots-2020
(accessed
February
3,
2023);
Chris
Enloe,
“DOJ
Asked
for
Lenient
Sentence
for
2020 Rioter Who Burned Down Pawn
Shop, Killing One Man. Prosecutors Even Cited MLK,” Blaze
Media News,
January 29, 2022,
https://www.theblaze.com/news/doj-lenient-sentence-rioter-arson#toggle-gdpr
(accessed
February 3, 2023); Chris
Pandolfo, “House Republicans Release 1,000-Page Report
Alleging Politicization in
the
FBI,
DOJ,”
Fox
News,
November
4,
2022,
https://www.foxnews.com/politics/house-republicans-release-
1000-page-report-alleging-politicization-fbi-doj
(accessed
February
3,
2023);
Brooke
Singman,
“Cruz
Slams
‘Politicized’ Biden DOJ for
Appointing
Trump Special Counsel: ‘Absolutely Disgraceful,’” Fox News, November19,
2022,
https://www.foxnews.com/politics/cruz-slams-biden-doj-appointing-special-counsel-investigate-
trump-absolutely-disgraceful
(accessed
February
3,
2023).
21.
8 U.S. Code § 1324 (Bringing in and harboring certain
aliens),
https://www.law.cornell.edu/uscode/text/8/1324
(accessed
March
9,
2023);
8
U.S.
Code
§
1325
(Improper
entry
by
alien),
https://www.law.cornell.edu/uscode/
text/8/1325
(accessed
February
5,
2023);
8
U.S.
Code
§
1326
(Reentry
of
removed
aliens),
https://www.law.
cornell.edu/uscode/text/8/1326
(accessed
February
5,
2023);
8
U.S.
Code
§
1327
(Aiding
or
assisting
certain
aliens
to
enter),
https://www.law.cornell.edu/uscode/text/8/1327
(accessed
February
5,
2023);
8
U.S.
Code
§
1328
(Importation
of
alien
for
immoral
purpose),
https://www.law.cornell.edu/uscode/text/8/1328
(accessed
February
5,
2023;
press
release,
“In
Brief
Filed
with
Supreme
Court,
AFL
Hammers
Biden
Administration’s
Termination
of
MPP—Cites
Alarming
Statistic
That
Biden
Administration
Has
Already
Released
More
Than
750,000
Illegal
Aliens into the United
States from the Border,” America First Legal Foundation,
April 14, 2022,
https://aflegal.org/
in-brief-filed-with-supreme-court-afl-hammers-biden-administrations-termination-of-mpp-citing-alarming-
statistic-that-biden-administration-has-already-released-more-than-750000-ille/
(accessed February 5, 2023).
2025 Presidential
Transition Project
22.
Editorial Board,
“About Those
Domestic-Terrorist Parents,”
The Wall
Street Journal,
October
26,
2021,
https://www.
wsj.com/articles/about-those-domestic-terrorists-national-school-boards-association-merrick-garland-memo-
fbi-11635285900 (accessed February 3, 2023); John Malcom,
“Are Parents Being Tagged as ‘Domestic Terrorists’
by
the FBI?
Justice
Department Needs
to Show
Its Cards,”
Heritage
Foundation
Commentary,
November 18,
2021,
https://www.heritage.org/crime-and-justice/commentary/are-parents-being-tagged-domestic-terrorists-the-
fbi-justice (accessed February 3, 2023); Victor Nava,
“FBI Treated Twitter as a ‘Subsidiary,’ Flagged Tweets and
Accounts for
‘Misinformation,’”
New York
Post,
updated December 16, 2022,
https://nypost.com/2022/12/16/fbi-
treated-twitter-as-subsidiary-flagged-tweets-for-misinformation/
(accessed February 3, 2023).
23.
Mary
Margaret
Olohan,
“DOJ’s
Kristen
Clarke:
A
Pro-Abortion
Activist
Enforcing
the
Law
Against
Pro-Lifers,” The Daily Signal, October 26,
2022,
https://www.dailysignal.com/2022/10/26/dojs-kristen-clarke-pro-
abortion-activist-enforcing-law-pro-lifers/ ; Josh
Gerstein, “DOJ Official Pressed on Targeting of Supreme Court Justices,”
Politico, July 28, 2022,
https://www.politico.com/news/2022/07/28/doj-official-pressed-on-
targeting-of-supreme-court-justices-00048506
(accessed February 3,
2023).
24.
Solomon,
“FBI Email
Chain
May
Provide
Most
Damning
Evidence
of
FISA
Abuses
Yet”;
Post
Editorial
Board,
“The FBI Knew RussiaGate
Was a Lie—But Hid That Truth”; O’Neill, “FBI Pressured
Twitter, Sent Trove of Docs Hours
Before
Post Broke
Hunter
Laptop Story.”
25.
U.S. Department of Justice, Federal
Bureau of Investigation,
“History: The Nation Calls, 1908–1923,”
https://
www.fbi.gov/history/brief-history/the-nation-calls
(accessed February 3,
2023).
26.
Press
release,
“FBI
and
Law
Enforcement
Partners
Arrest
Nearly
6,000
Violent
Criminals
This
Summer,”
U.S. Department of Justice,
Federal Bureau of Investigation, September 13, 2022,
https://www.fbi.gov/news/
press-releases/press-releases/fbi-and-law-enforcement-partners-arrest-nearly-6000-violent-criminals-this-
summer
(accessed
February 3,
2023).
27.
See, for example, Joseph Goldstein, “As Seen in ‘Goodfellas’:
Arrest Is Made in ’78 Lufthansa Robbery,”
The
New York
Times,
January
23, 2014,
https://www.nytimes.com/2014/01/24/nyregion/arrests-in-cold-case-
investigation-including-78-lufthansa-heist.html
(accessed February 3,
2023).
28.
Danielle
Wallace,
“FBI
Nationwide
Operation
Locates
121
Actively
Missing
Kids,
Child
Sex
Trafficking
Victims,” Fox News, August 15, 2022,
https://www.foxnews.com/us/fbi-nationwide-operation-locates-actively-missing-
kids-child-sex-trafficking-victims
(accessed
February
3,
2023).
29.
Adam Shaw, “FBI Stepped in
After Suspected Chinese
Spy Got Close to Swalwell, Other Politicians, Report
Finds,”
Fox
News,
December
8,
2020,
https://www.foxnews.com/politics/fbi-chinese-spy-swalwell-other-
politicians
(accessed February
3, 2023).
30.
The precise scope and contours of this review warrant
special consideration. A review of all ongoing drug
trafficking
investigations or specific violent crime investigations may
not warrant the department’s attention
in the same way as
high-profile, politically sensitive investigations likely
will. Nevertheless, the goal should be as
comprehensive
a review
as
possible.
31.
28 U.S. Code § 531,
https://www.law.cornell.edu/uscode/text/28/531
(accessed February 3, 2023).
Emphasis added.
32.
The
same
could
be
said
to
apply
to
the
Bureau
of
Alcohol,
Tobacco,
and
Firearms
and
potentially
to
the
U.S. Marshals
Service,
although
the
USMS’s
mission
protecting
the
federal
courts
could
present
compelling
reasons why
the department should
maintain it
as a direct
report to
the Deputy
Attorney
General.
33.
See, for example, Alexander Hamilton,
The
Federalist
Papers
No. 1, October 27, 1787,
https://founders.archives.
gov/documents/Hamilton/01-04-02-0152
(accessed
February 3,
2023).
34.
An argument could also be made that the upper echelons of
the FBI’s leadership should physically relocate
back
to
the
Robert
F.
Kennedy
building
to
ensure
proper
accountability
and
to
emphasize
organizational reality: The FBI
is a
component
of the department, not
its equal,
as outlined
above.
35.
U.S. Department of Justice, Office of the Inspector General,
Audit of the Roles and Responsibilities of the
Federal Bureau of Investigation’s Office of
the General Counsel in National Security Matters,
Report
No.
22-116,
September 2022,
https://oig.justice.gov/sites/default/files/reports/22-116.pdf (accessed
February 3, 2023).
36.
S. 2212, Crime Control Act of 1976, Public Law No. 94-503,
October 15, 1976, § 203, 90 Stat. 2427 (codified as
amended
at
28
U.S.
Code §
532),
https://www.congress.gov/94/statute/STATUTE-90/STATUTE-90-Pg2407.
pdf
(accessed February 3, 2023).
37.
See
“Enhancing
Federal
Focus
and
Resources
in
Jurisdictions
with
Rule-of-Law
Deficiencies,”
infra.
Mandate for
Leadership: The Conservative
Promise
38.
Garland
Memorandum,
October
4,
2021;
press
release,
“America
First
Legal
Seeks
Two
Federal
Investigations
on
Attorney
General
Merrick
Garland’s
Infamous
Oct.
4th
Memo
Siccing
the
FBI
on
Concerned
Parents,”
America First Legal
Foundation, March 14, 2022,
https://aflegal.org/america-first-legal-seeks-two-federal-
investigations-on-attorney-general-merrick-garlands-infamous-oct-4th-memo-siccing-the-fbi-on-concerned-
parents/
(accessed February 3, 2023).
39.
Luke
Rosiak,
“In
Aftermath
of
Enemies
List,
School
Committee
Pledges
to
‘Silence
the
Opposition,’”
Daily
Wire, March 27, 2021,
https://www.dailywire.com/news/after-enemies-list-school-body-pledges-to-silence-the-
opposition
(accessed
February
3,
2023).
40.
The language of the Equal Protection Clause “reflects that
‘achieving equal protection against lawbreakers
was at the core of the Clause’s objectives.’”
Lefebure
v. D’Aquilla, 15 F.4th 650, 669 (5th Cir. 2021) (Graves, J.
dissenting) (quoting
Lawrence Rosenthal, “Policing and Equal Protection,”
Yale Law
& Policy
Review, Vol. 21,
No.
53
(2003),
p.
70)
cert.
denied,
212
L.
Ed.
2d
791,
142
S.
Ct.
2732
(2022)),
https://casetext.com/case/
lefebure-v-daquilla-2
(accessed February 3, 2023).
41.
See, for example, Portland Mayor Ted Wheeler’s actions in
2020 calling on federal officials—executing their mission to protect federal
property and officials—to leave the city, saying, “They’re
not wanted here” despite
the
fact
that
local
reports
found
that
“[o]ut
of
more
than
a
thousand
arrests
reported
by
the
Portland
Police
Bureau and
other
local
law
enforcement
since
late
May
2020,
only
about
8.4%
of
the
cases
are
still
open”
and
that the
“rest
have
been
dismissed
or
listed
as
no
complaint,
which
means
authorities
are
not
currently
pursuing charges.” BBC News,
“Portland
Protests: Mayor Demands
Federal Officers Leave City,” July 20, 2020,
https://www.bbc.com/news/world-us-canada-53466718
(accessed
February
3,
2023),
and
Hannah
Lambert,
“91% of Portland Protest
Arrests Not Being Prosecuted,” Portland Tribune, January 5,
2021,
https://archive.ph/
OSDbz
(accessed February 3,2023).
42.
Figure
4,
“Trend
in
Average
Guideline
Minimum
and
Average
Sentence
Imposed
for
Armed
Career
Criminals
Fiscal Years 2010–2019,” in
U.S. Sentencing Commission,
Federal
Armed Career Criminals: Prevalence, Patterns,
and Pathways, March 2021, p. 26,
https://www.ussc.gov/sites/default/files/pdf/research-and-publications/
research-publications/2021/20210303_ACCA-Report.pdf
(accessed
February
3,
2023).
43.
18
U.S.
Code
§
924(e),
https://www.law.cornell.edu/uscode/text/18/924
(accessed
February
3,
2023).
44.
S. 1586,
Restoring the Armed Career Criminal Act, 117th Congress,
introduced May 12, 2021,
https://www.
congress.gov/bill/117th-congress/senate-bill/1586
(accessed
February
6,
2023).
45.
This
could
require seeking
the Supreme
Court to
overrule
Kennedy v.
Louisiana, 554
U.S. 407
(2008), in applicable
cases, but
the
department should
place a
priority on
doing so.
46.
21
U.S.
Code
§
801
et
seq.,
https://www.law.cornell.edu/uscode/text/21/chapter-13/subchapter-I/part-A
(accessed
February
3,
2023).
47.
18
U.S.
Code
§§
1961–1968,
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96
(accessed
February
3,
2023).
48.
For
more
on
this
topic
generally,
see
“Ensuring
Enforcement
and
Administration
of
Our
Immigration
Laws,”
infra.
49.
See
Paul
J.
Larkin,
“Twenty-First
Century
Illicit
Drugs
and
Their
Discontents:
The
Scourge
of
Illicit
Fentanyl,” Heritage Foundation
Legal Memorandum
No. 313, November 1, 2022),
https://www.heritage.org/sites/default/
files/2022-11/LM313.pdf.
50.
Jessica
Rendall,
“100,000
People
Died
from
Drug
Overdoses
in
the
US
in
One
Year,
a
Record,”
CNET,
November
18, 2021,
https://www.cnet.com/health/medical/100000-people-died-from-drug-overdoses-in-
the-us-in-one-year-a-record/
(accessed
February
3,
2023).
51.
U.S. Department of Justice, National Security Division,
“Information About the Department of Justice’s China Initiative and a
Compilation of China-Related Prosecutions Since 2018,” last
updated November 19,
2021,
https://www.justice.gov/archives/nsd/information-about-department-justice-s-china-initiative-and-
compilation-china-related
(accessed
February
3,
2023).
52.
Ronn
Blitzer
and
Jake
Gibson,
“Biden
DOJ
Ending
National
Security
Initiative
Aimed
at
Countering
China
amid
Complaints
About Bias,”
Fox
News,
February
23,
2022,
https://www.foxnews.com/politics/doj-ending-china-
initiative-national-security-program-bias
(accessed February 3,
2023).
53.
National Security
Strategy, The White House, October 2022, p. 23,
https://www.whitehouse.gov/wp-content/
uploads/2022/10/Biden-Harris-Administrations-National-Security-Strategy-10.2022.pdf (accessed February 3, 2023). See
also ibid., p. 8.
2025 Presidential
Transition Project
54.
U.S.
Department
of
Justice,
“About
DOJ:
Our
Mission,”
https://www.justice.gov/about
(accessed
February
4,
2023).
55.
18
U.S.
Code
§
248,
https://www.law.cornell.edu/uscode/text/18/248
(accessed
February
4,
2023).
56.
Danielle
Wallace
and
Jake
Gibson,
“Pro-life
Activist
Mark
Houck
Pleads
Not
Guilty
to
Federal
Charges
After
FBI
Arrest,” Fox News,
September 27, 2022,
https://www.foxnews.com/us/pro-life-activist-mark-houck-pleads-
not-guilty-federal-charges-fbi-arrest
(accessed February
4, 2023).
57.
Patty Knap,
“Paul
Vaughn, Pro-life
Father of
11 Arrested by
FBI Speaks
Out,”
National
Catholic
Register, October 18, 2022,
https://www.ncregister.com/news/paul-vaughn-pro-life-father-of-11-arrested-by-fbi-speaks-
out
(accessed
February
4,
2023).
58.
597
U.S.
(2022),
https://supreme.justia.com/cases/federal/us/597/19-1392/case.pdf
(accessed
February
4,
2023).
59.
Jonah McKeown, “TRACKER: Pro-Abortion
Attacks
in the U.S. Continue
(Updated),” Catholic News Agency,
last updated September
22, 2022,
https://www.catholicnewsagency.com/news/251553/map-vandalism-
attacks-continue-at-pro-life-centers-across-us
(accessed
February
4,
2023).
60.
28
U.S.
Code
§
516,
https://www.law.cornell.edu/uscode/text/28/516
(accessed
February
4,
2023).
61.
28
U.S.
Code
§
519,
https://www.law.cornell.edu/uscode/text/28/519
(accessed
February
4,
2023).
62.
295
U.S.
602
(1935),
https://supreme.justia.com/cases/federal/us/295/602/
(accessed
February
6,
2023).
63.
591
U.S.
(2020),
https://www.supremecourt.gov/opinions/19pdf/19-7_new_0pm1.pdf
(accessed
February
6,
2023).
64.
See Brief for
the United States,
303 Creative
v. Aubrey
Elenis,
No. 21-476, August 2022,
https://www.
supremecourt.gov/DocketPDF/21/21-476/234119/20220819182151542_21-476%20303%20Creative%20LLC%20
v.%20Elenis%20FINAL.pdf
(accessed
February
4,
2023).
65.
Oral
Argument
Transcript,
303
Creative
v. Aubrey
Elenis,
No. 21-476,
December 5,
2022,
https://
www.supremecourt.gov/oral_arguments/argument_transcripts/2022/21-476_8n59.pdf
(accessed
February 4, 2023).
66.
Brief
for
the
United
States,
Masterpiece Cakeshop Ltd. v. Colorado Civil Rights
Commission,
No.
16-111,
September 2017,
p.
9,
https://www.scotusblog.com/wp-content/uploads/2017/09/16-111-tsac-USA.pdf
(accessed
February 4,
2023)
(quoting
Agency for
International Development v.
Alliance
for Open
Society
International, Inc., 133 S. Ct.
2321, 2327 (2013), quoting in turn
Rumsfeld v.
Forum for
Academic &
Institutional
Rights,
Inc.,
547 U.S. 47, 61 (2006)).
67.
Ibid.,
p.
10.
68.
Ibid., pp.
10–11.
69.
West
Virginia
State
Board
of
Education
v.
Barnette,
319
U.S.
624,
642
(1943),
https://tile.loc.gov/storage-
services/service/ll/usrep/usrep319/usrep319624/usrep319624.pdf
(accessed
February
4, 2023).
70.
Cohen
v.
California,
403
U.S.
15,
24
(1971),
https://constitutionallawreporter.com/wp-content/uploads/2014/07/
Cohen-v_-California.pdf
(accessed
February
4,
2023).
71.
West
Virginia
State
Board
of
Education
v.
Barnette,
319
U.S.
640.
72.
McCullen v.
Coakley,
573 U.S. 464, 476 (2014),
https://supreme.justia.com/cases/federal/us/573/12-1168/
case.pdf (accessed February 4, 2023) (quoting
FCC
v. League
of Women
Voters of
California, 468 U. S. 364, 377
(1984)).
73.
See, for example, 42 U.S.
Code § 2000d,
https://www.law.cornell.edu/uscode/text/42/2000d
(accessed February
4, 2023); 42 U.S. Code § 2000e,
https://www.law.cornell.edu/uscode/text/42/2000e
(accessed February 4,
2023);
20 U.S.
Code §
1681,
https://www.law.cornell.edu/uscode/text/20/1681
(accessed
February
4,
2023)
74.
See
“Advancing
Equity
and
Racial
Justice
Through
the
Federal
Government,”
The
White
House,
https://www.
whitehouse.gov/equity/
(accessed February 4,
2023).
75.
18
U.S.
Code
§
1461,
https://www.law.cornell.edu/uscode/text/18/1461
(accessed
February
6,
2023).
See
also
18
U.S.
Code
§
1462,
https://www.law.cornell.edu/uscode/text/18/1462
(accessed
February
6,
2023).
76.
18
U.S.
Code
§
241,
https://www.law.cornell.edu/uscode/text/18/241 (accessed
February
6,
2023).
77.
A
similar
argument
could
be
advanced
for
the
department’s
other
criminal
law
enforcement
responsibilities such
as those
within the
Environmental
and Natural
Resources Division.
78.
See,
for
example,
Paul
Kiel,
“Controversial
USA
Delivered
‘Voter
Fraud’
Indictments
Right
on
Time,”
TPM Muckraker, May 1, 2007,
https://web.archive.org/web/20070503021505/http://www.tpmmuckraker.com/
archives/003107.php
(accessed
February
4,
2023).
Mandate for
Leadership: The Conservative
Promise
79.
See
Craig
C.
Donsanto
and
Nancy
L.
Simmons,
Federal
Prosecution
of
Election
Offenses,
7th
Edition,
U.S.
Department
of
Justice,
May
2007
(revised
August
2007),
pp.
61–63,
https://www.justice.gov/sites/
default/files/criminal/legacy/2013/09/30/electbook-rvs0807.pdf#page=79
(accessed
February
4,
2023).
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General;
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M.
O’Connor,
Oklahoma
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General;
Alan
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South
Carolina
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General; Jason R.
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the
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Affairs
and
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Heritage Foundation - Politico - Bureau Labor Statistic - Market Watch - Statistic Highest Rate - American Presidency Project
Thống Kê Việc Làm Và Thất Nghiệp Từ 1980-2023 - https://gop.com/about-our-party/ - Neo Marx - New Left
https://en.wikipedia.org/wiki/Fredric_Jameson
https://en.wikipedia.org/wiki/Counterculture_of_the_1960s - Joe Mac Carthy- Ame Enterprise Institute
https://byjus.com/free-ias-prep/difference-between-communism-capitalism-and-socialism/
https://www.independent.org/issues/article.asp?id=13056&gad_source=
https://www.webpages.uidaho.edu/engl_258/lecture%20notes/capitalism%20etc%20defined.htm
https://testbook.com/ias-preparation/difference-between-capitalism-socialism-and-communism
Capitalism-and-Communism-same-goal/
Online.Hillsdale.Edu/Marxism-Socialism-Communism?
https://www.thebalancemoney.com/the-characteristics-of-capitalism-and-socialism-393509
https://www.masterclass.com/articles/socialism-vs-capitalism
https://www.socialstudies.com/blog/capitalism-socialism-communism-whats-the-difference/
American History Yale - American Imperialism - Diversify, Equity, Inclusion
Chỉ Có Trump Mới Vạch Trần Được Sự Dối Trá Của Chế Độ Tả Phái
https://www.chinadiscovery.com/chinese-visa/exemptions/china-visa-free-transit.html#:
https://www.studentsofhistory.com/timeline-of-the-gilded-age-progressive-era
https://www.cbsnews.com/news/house-vote-merrick-garland-contempt-biden-audio-recordings/
https://tippinsights.com/american-medias-credibility-crisis/#google_vignette
https://tippinsights.com/american-medias-credibility-crisis/
https://www.hollywoodreporter.com/news/politics-news/lea-delaria-biden-assassinate-trump-1235937794/
https://www.statnews.com/2024/05/15/ecohealth-hhs-federal-funding/
Nghiêm Cấm Các tổ chức thiện nguyện có 501 c3 vận động chính trị
https://news.harvard.edu/gazette/story/2024/05/should-nato-step-up-role-in-russia-ukraine-war/
Kissinger and Lord In China a-how to guide for Secret Negotiations
https://news.harvard.edu/gazette/story/series/commencement-2024/
https://www.isdglobal.org/explainers/anti-vaccine-conspiracies/
https://law.stanford.edu/2022/01/20/a-look-at-the-supreme-court-ruling-on-vaccination-mandates/
https://www.congress.gov/bill/118th-congress/senate-bill/167/text
https://fee.org/articles/stories-from-obamacares-path-of-destruction/?gad_source
https://www.statista.com/topics/3251/fake-news/#topicOverview
https://en.wikipedia.org/wiki/Threatening_the_president_of_the_United_States#cite_note-16
https://en.wikipedia.org/wiki/Killing_of_Craig_DeLeeuw_Robertson
https://abcnews.go.com/Politics/blame-abc-news-finds-17-cases-invoking-trump/story?id=58912889
https://www.thecgo.org/research/do-immigrants-threaten-us-public-safety/
https://budget.house.gov/press-release/the-cost-of-the-border-crisis-1507-billion-and-counting
https://www.ncoa.org/article/5-warning-signs-of-a-medicare-scam-and-how-to-protect-yourself
https://www.medicare.gov/basics/reporting-medicare-fraud-and-abuse
https://www.ag.state.mn.us/Consumer/Publications/MedicareSSScams.asp
https://disb.dc.gov/page/beware-social-security-and-medicare-scams
https://www.uhc.com/fraud/health-care-fraud-and-abuse-schemes
https://budget.house.gov/imo/media/doc/the_cost_of_illegal_immigration_to_taxpayers.pdf
https://www.cbc.ca/news/trump-shooting-conspiracy-theories-1.7264395
https://www.cbc.ca/news/world/biden-campaign-trump-assassination-attempt-1.7265124
https://www.presidency.ucsb.edu/documents/2024-republican-party-platform
https://www.aei.org/op-eds/biden-is-reeling-from-one-self-inflicted-crisis-to-the-next/
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Tỷ Phú Toàn Cầu Hóa Rockefeller, George Soros, Tài Trợ Cho Dân Chủ
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https://history.state.gov/historicaldocuments/frus1977-80v04
https://history.state.gov/historicaldocuments/frus1969-76v16/d71
https://history.state.gov/historicaldocuments/frus1969-76v16/ch2
https://www.iwm.org.uk/history/the-big-three-and-the-tehran-conference
https://www.history.com/news/yalta-conference-big-three-wwii-cold-war
https://www.russiamatters.org/analysis/kissinger-russia-insights-and-recommendations
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https://freepressers.com/articles/dominion-voting-machine-hacked-live-in-front-of-georgia-judge
https://www.courthousenews.com/details-of-voting-equipment-breach-emerge-in-dominion-security-trial/
Viện Claremont: Nhóm nghiên cứu chống dân chủ | Nền Cộng hòa mới (newrepublic.com)
https://amti.csis.org/flashpoint-east-china-sea-policy-implications-recommendations/
https://education.cfr.org/learn/reading/what-are-origins-communism
https://digitalarchive.wilsoncenter.org/topics/geneva-conference-1954
https://uncpress.org/book/9780807848425/china-and-the-vietnam-wars-1950-1975/
https://vi.wikipedia.org/wiki/Chi%E1%BA%BFn_tranh_Tri%E1%BB%81u_Ti%C3%AAn
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https://www.npr.org/2023/03/30/1167056438/vatican-doctrine-of-discovery-colonialism-indigenous#
https://yalebooks.yale.edu/2021/06/14/when-the-pope-was-in-prison/
https://www.history.com/news/napoleon-catholic-church-kidnap-pope-pius-vii
https://foreignpolicy.com/2015/07/10/pope-francis-apologizes-for-churchs-colonial-sins/
https://cepr.org/voxeu/columns/russia-and-effectiveness-economic-sanctions-between-big-players
https://history.state.gov/countries/holy-see?_gl=1*1m98enz*_gcl_au*NzU5Mzc4NjUwLjE3MTI5NzI3MTU.
https://news.usni.org/2022/01/12/navy-unveils-next-generation-ddgx-warship-concept-with-hyperson
Fifth-Generation Weapons | Air & Space Forces Magazine (airandspaceforces.com)
Office of the Director of National Intelligence - Global Trends (dni.gov)
Next Generation Weapons Technology Market Size, Report 2032 (precedenceresearch.com)
U.S. Hypersonic Weapons and Alternatives | Congressional Budget Office (cbo.gov)
https://cepr.org/voxeu/columns/russia-and-effectiveness-economic-sanctions-between-big-players
Here’s the new name of the US Air Force’s next-gen nuke (defensenews.com)
https://www.findlaw.com/immigration/citizenship/can-your-u-s-citizenship-be-revoked-.html#:~:text=
Alvin Bragg & George Soros: Manhattan DA's Funding Ties (heavy.com)
George Soros' quiet overhaul of the U.S. justice system - POLITICO
The Soros backlash: How the nation has turned against soft-on-crime prosecutors (nypost.com)
Virginia AG Jason Miyares leads GOP efforts to oust liberal district attorneys - Washington Examiner
See: Map of Soros’s million-dollar prosecutors - Washington Examiner
https://www.carter-ruck.com/law-guides/defamation-and-privacy-law-in-united-states/
https://www-uscourts-gov.translate.goog/forms/pro-se-forms/defendants-answer-complaint?
www-sapiens-org. https://www.newscientist.com/
Australoid (race) - Simple English Wikipedia, the free encyclopedia
i.wikipedia.org/wiki/Hán_Thủy
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https://eastasiaforum.org/2023/10/09/is-the-chinese-economy-headed-for-japan-style-lost-decades/
https://www.rba.gov.au/education/resources/explainers/the-global-financial-crisis.html
https://www.usbank.com/investing/financial-perspectives/market-news/economic-recovery-status.html
https://www.investopedia.com/articles/investing/011116/3-financial-crises-21st-century.asp
https://en.wikipedia.org/wiki/List_of_entities_involved_in_2007%E2%80%932008_financial_crises
https://en.wikipedia.org/wiki/Timeline_of_the_January_6_United_States_Capitol_attack#:
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https://newrepublic.com/article/174656/claremont-institute-think-tank-trump
https://jacobin.com/2024/02/us-dollar-hegemony-sanctions-imperialism
https://www.diplomaticourier.com/posts/the-financial-front-of-russias-war
https://www.diplomaticourier.com/posts/the-financial-front-of-russias-war
https://www.wired.com/story/opinion-the-world-loses-under-bill-gates-vaccine-colonialism/
https://www.americashealthrankings.org/explore/measures/pct_65plus
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https://www.caclubindia.com/wealth/rothschild-family-net-worth-forbes/
https://www.nato.int/cps/en/natolive/official_texts_17120.htm
https://en.wikipedia.org/wiki/Annexation_of_Crimea_by_the_Russian_Federation
https://en.wikipedia.org/wiki/Russian_invasion_of_Ukraine#:~:text=
https://www.uschamber.com/workforce/understanding-americas-labor-shortage
https://thefga.org/research/expanded-welfare-keeping-americans-from-working/
https://www.stop-now.org/blog/does-the-us-have-a-labor-shortage-or-not?
https://www.globalrailwayreview.com/article/96299/libor-lochman-ulrich-fikar-plane-vs-train/
https://www.raileurope.com/en-us/blog/travel-trains-vs-planes
https://www.elektormagazine.com/articles/high-speed-train-vs-airplane
https://www.europeanfiles.eu/environment/leveraging-the-many-benefits-of-high-speed-rail#
https://eastasiaforum.org/2023/12/14/a-slower-2023-and-uncertain-2024-for-vietnams-economy
https://www.statista.com/statistics/532529/national-debt-of-vietnam/
https://www.investopedia.com/articles/investing/080615/china-owns-us-debt-how-much.asp
https://history.state.gov/milestones/1866-1898/chinese-immigration
https://www.migrationpolicy.org/article/chinese-immigrants-united-states
https://en.wikipedia.org/wiki/History_of_Chinese_Americans#:~:text
https://www.investopedia.com/financial-edge/0611/june-20-5-ways-the-u.s.-can-get-out-of-debt.asp
https://blog.independent.org/2023/05/24/eliminating-debt-ceiling-14th-amendment/?gad_source=
https://unitedwedream.org/our-work/protect-immigrants-now/biden-stop-deportations-now/
https://homework.study.com/explanation/did-richard-nixon-commit-treason.html
https://www.sj-r.com/story/news/columns/2013/03/19/nixon-s-treason/43771838007/
https://millercenter.org/the-presidency/educational-resources/this-is-treason
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https://www.vice.com/en/article/3dk9wn/a-bridge-built-by-rockets
Viên Hàn Lâm XH-KH VN - Viện Hàn Lâm KHCNVN - https://vass.gov.vn/Pages/Index.aspx - https://vast.gov.vn/ -
https://hoperemainsonline.com/index.php/errors-in-the-bible/sai-sot-trong-kinh-thanh/
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https://www.foxnews.com/politics/trump-ordered-pay-more-80-million-e-jean-carroll-defamation-trial
Nhà Thanh
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https://chinaus-icas.org/research/from-pragmatism-to-unclos-purism/
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https://kinhtedothi.vn/hai-phong-du-kien-se-xay-moi-8-tuyen-duong-sat.html
Hành lang_kinh tế Nam Ninh-Lạng Sơn - Hà Nội- Hải Phòng-Quảng Ninh
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https://now.tufts.edu/2023/10/16/us-foreign-policy-increasingly-relies-military-interventions
https://now.tufts.edu/2019/11/21/why-united-states-only-superpower
https://www.justsecurity.org/88131/finally-ending-americas-forever-war-part-i-diagnosis/
https://now.tufts.edu/2022/08/09/why-government-boosting-computer-chip-efforts-us
https://now.tufts.edu/2023/06/15/how-read-sun-tzus-art-war-way-its-author-intended-it-be-read
https://now.tufts.edu/2023/12/18/what-are-frozen-wars-and-forever-wars
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https://www.justsecurity.org/82513/just-securitys-russia-ukraine-war-archive/
https://theconversation.com/these-three-firms-own-corporate-america-77072
https://www.standardspeaker.com/3-companies-control-a-piece-of-nearly-everything/article_
https://www.cia.gov/the-world-factbook/countries/paracel-islands/map/
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https://vntaiwan.catholic.org.tw/vnbible2/mattheu/mattheu.htm
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https://en.wikipedia.org/wiki/Journalism_ethics_and_standards
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https://www.sourceofasia.com/evfta-what-are-the-advantages-for-european-and-vietnamese-investors/
https://www.newsweek.com/vietnam-government-human-rights-reform-2099-1856960
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https://www.cbc.ca/news/health/who-pandemic-not-emergency-1.6833321
https://www.pfizer.com/news/announcements/global-and-us-agencies-declare-end-covid-19-emergency
https://eightify.app/summary/conspiracy-theories/unveiling-the-big-pharma-conspiracy-theory
https://jamanetwork.com/journals/jama-health-forum/fullarticle/2809985
https://sciencetalks.org/covid-was-created-by-big-pharma-and-other-fun-conspiracy-theories/
https://www.chathamhouse.org/topics/chinas-belt-and-road-initiative-bri?gclid
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https://www.americanprogress.org/article/why-the-united-states-must-stay-the-course-on-ukraine/
https://www.wilsoncenter.org/blog-post/four-reasons-why-supporting-ukraine-good-investment
https://www.usip.org/publications/2015/04/why-ukraine-matters-and-why-us-should-help
https://www.cfr.org/article/how-much-aid-has-us-sent-ukraine-here-are-six-charts
https://www.brookings.edu/articles/why-should-the-united-states-be-interested-in-ukraine/
TTXVN giới thiệu toàn văn Tuyên bố Chung Việt Nam-Trung Quốc
Lịch Sử Việt Nam
Chip Worker Shortage in Vietnam Looms Threatens to stifle new progress
Texas Attorney General Sues Pfizer Misrepresenting Covid-19 Vaccine Efficacy And Conspiring
https://www.reuters.com/legal/pfizer-is-sued-by-texas-over-covid-19-vaccine-claims-2023-11-30/
https://www.newsweek.com/surge-vaccine-lawsuits-forces-biden-admin-hire-more-attorneys-1843385
https://law.georgia.gov/resources/vaccine-mandate-litigation
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LỊCH SỬ ĐÃ CHỨNG MINH, KHÔNG MỘT ĐÁM NGOẠI NHÂN NÀO YÊU THƯƠNG ĐẤT NƯỚC, DÂN TỘC CỦA CHÚNG TA NẾU CHÍNH CHÚNG TA KHÔNG BIẾT YÊU THƯƠNG LẤY ĐẤT NƯỚC VÀ DÂN TỘC CỦA MÌNH.
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