at Capitol.  June 19.1996

 

 

with Sen. JohnMc Cain

 

with Congressman Bob Barr

with General John K Singlaub

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ĐẶC BIỆT

  1. Served  In A Noble Cause

  2. Hiến Chương Liên Hiệp Quốc

  3. Văn Kiện Về Quyền Con Người

  4. Báo Cáo Tình Trạng Nhân Quyền

  5. China Reports US

  6. Liberal World Order

  7. The Heritage Constitution

  8. The Invisible Government Dan Moot

  9. The Invisible Government David Wise

  10. Montreal Protocol Hand Book

  11. Death Of A Generation

  12. Vấn Đề Tôn Gíao

  13. https://live.childrenshealthdefense.org/chd-tv/

  14. https://www.thelastamericanvagabond.com/

  15. https://nhandan.vn/

  16. https://www.themoscowtimes.com/

  17. dnews.com | News of the Palouse since 1911

  18. Legislation/Immigration and Nationality Act

  19. US Citizen Through US Military Service

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https://lens.monash.edu/@politics-society/2022/08/19/1384992/much-azov-about-nothing-how-the-ukrainian-neo-nazis-canard-fooled-the-world

 

 

with General Micheal Ryan

THÁNG 9-2024

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NHẬN ĐỊNH - QUAN ĐIỂM

 

 

14

 

 

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Roger Severino

 

 

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


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(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


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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).


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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.


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   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.


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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


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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”


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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.


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   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


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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


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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.


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   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


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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


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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:


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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


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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.


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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.


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   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


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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.


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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).


15

 

 

 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Benjamin S. Carson, Sr., MD

 

 

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.


16

 

 

 

DEPARTMENT OF THE INTERIOR

William Perry Pendley

 

 

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


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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


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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.


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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.


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   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.


17

 

 

 

DEPARTMENT OF JUSTICE

Gene Hamilton

 

 

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.


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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


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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


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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.


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ENDNOTES

1.                Judiciary Act of 1789, ch. 20, sec. 35, 1 Stat. 73 (1789), https://judicial-discipline-reform.org/docs/Judiciary_

Act_1789.pdf (accessed February 3, 2023).

2.                An Act to Establish the Department of Justice, Public Law No. 41-97, 16 Stat. 162 (1870), https://www.justice. gov/sites/default/files/jmd/legacy/2013/10/23/act-pl41-97.pdf (accessed February 3, 2023).

3.                John F. Fox, Jr., “The Birth of the Federal Bureau of Investigation,” U.S. Department of Justice, Federal Bureau of Investigation, “History,” July 2003, https://bit.ly/3G4LmD0 (accessed February 3, 2023).

4.                 Trafalgar Group, “Nationwide Issues Survey August 2022,” pp. 19, 22, and 25, https://www.thetrafalgargroup. org/wp-content/uploads/2022/08/COSA-FBI_DOJ-Opinion-Full-Report-0824.pdf (accessed

February 3, 2023).

5.                John Solomon, “FBI Email Chain May Provide Most Damning Evidence of FISA Abuses Yet,” The Hill, December 5, 2018, https://thehill.com/hilltv/rising/419901-fbi-email-chain-may-provide-most-damning-evidence-of-fisa- abuses-yet/ (accessed February 3, 2023); Post Editorial Board, “The FBI Knew RussiaGate Was a Lie—But Hid That Truth,” New York Post, June 11, 2022, https://nypost.com/2022/06/11/the-fbi-knew-russiagate-was-a-lie- but-hid-that-truth/ (accessed February 3, 2023).

6.                John Solomon, “Collusion Bombshell: DNC Lawyers Met with FBI on Russia Allegations Before Surveillance Warrant,” The Hill, October 3, 2018, https://thehill.com/hilltv/rising/409817-russia-collusion-bombshell-dnc- lawyers-met-with-fbi-on-dossier-before/ (accessed February 3, 2023); Eric Tucker, “Ex-FBI Lawyer Admits to False Statement During Russia Probe,” AP News, August 19, 2020, https://apnews.com/article/election-2020- b9b3c7ef398d00d5dfee9170d66cefec (accessed February 3, 2023).

7.                 Jesse O’Neill, “FBI Pressured Twitter, Sent Trove of Docs Hours Before Post Broke Hunter Laptop Story,” New York Post, December 19, 2022, https://nypost.com/2022/12/19/fbi-reached-out-to-twitter-before-post-broke-

hunter-biden-laptop-story/ (accessed February 3, 2023).

8.                Memorandum from Attorney General Merrick Garland to Director, Federal Bureau of Investigation; Director of the Executive Office for U.S. Attorneys; Assistant Attorney General, Criminal Division; and United States Attorneys, “Subject: Partnership Among Federal, State, Local, Tribal, and Territorial Law Enforcement to

Address Threats Against School Administrators, Board Members, Teachers, and Staff,” October 4, 2021, https:// www.justice.gov/ag/page/file/1438986/download (accessed February 3, 2023) (cited hereafter as Garland Memorandum, October 4, 2021).

9.                Dillon Burroughs, “25 States Have Now Left National School Boards Association as Nebraska Departs,” Daily Wire, June 13, 2022, https://www.dailywire.com/news/25-states-have-now-left-national-school-boards-

association-as-nebraska-departs (accessed February 3, 2023).

10.           Brianna Herlily, “FBI Met Weekly with Big Tech Ahead of the 2020 Election, Agent Testifies,” Fox News, December 3, 2022, https://www.foxnews.com/politics/fbi-weekly-big-tech-ahead-2020-election-agent- testifies (accessed February 3, 2023); Allie Griffin, “Latest ‘Twitter Files’ Show FBI Bullied Executives Over Not Reporting ‘State Propaganda’ Enough, New York Post, December 18, 2022, https://nypost.com/2022/12/18/ latest-twitter-files-show-fbi-questioned-executives-over-users-spouting-state-propaganda/ (accessed February 3, 2023).

11.           Michael Shellenberger (@ShellenbergerMD), “In the end, the FBI's influence campaign aimed at executives at news media, Twitter, & other social media companies worked: they censored & discredited the Hunter

Biden laptop story. By Dec. 2020, Baker and his colleagues even sent a note of thanks to the FBI for its work,” Twitter, December 19, 2022, 1:35 PM), https://twitter.com/ShellenbergerMD/status/1604908212628598784

(accessed February 3, 2023).

12.           Press release, “Eleven Charged with FACE Act Violations Stemming from 2021 Blockade of Mount Juliet Reproductive Health Clinic,” U.S. Department of Justice, United States Attorney’s Office, Middle District of Tennessee, October 5, 2022, https://www.justice.gov/usao-mdtn/pr/eleven-charged-face-act-violations- stemming-2021-blockade-mount-juliet-reproductive (accessed February 3, 2023); Kaelan Deese, “DOJ Official Touts Prosecution of Anti-Abortion Advocates While Vandalized Pregnancy Centers Await Justice,” Washington Examiner, December 14, 2022, https://www.washingtonexaminer.com/news/justice/doj-official- admits-to-prosecuting-pro-life-advocates (accessed February 3, 2023); S. 636, Freedom of Access to Clinic Entrances Act of 1994, Public Law No. 103-259, 103rd Congress, May 26, 1994, https://www.congress.gov/103/ statute/STATUTE-108/STATUTE-108-Pg694.pdf (accessed February 5, 2023).


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13.           Aruna Viswanatha and Sadie Gurman, “Almost Half of Federal Cases Against Portland Rioters Have Been Dismissed,” The Wall Street Journal, updated April 15, 2021), https://www.wsj.com/articles/almost-half-

of-federal-cases-against-portland-rioters-have-been-dismissed-11618501979 (accessed February 3, 2023); Just the News Staff, “Antifa-led Portland Rioter Charged with Assault Police [sic] Has Case Dismissed After Community Service,” Just the News, updated December 30, 2021, https://justthenews.com/government/ courts-law/antifa-led-portland-rioter-charge-assault-police-has-case-dismissed-after (accessed

February 3, 2023).

14.           Press release, “Justice Department Sues Texas Over Senate Bill 8: Complaint Alleges Senate Bill 8 Violates the Constitution by Effectively Banning Most Abortions,” U.S. Department of Justice, September 9, 2021, https:// www.justice.gov/opa/pr/justice-department-sues-texas-over-senate-bill-8 (accessed February 3, 2023).

15.           Dorian Geiger, “DOJ Warns States Over Blocking Access to Gender-Affirming Treatment,” Axios, March

31, 2022, https://www.axios.com/2022/03/31/doj-warns-states-blocking-gender-affirming-care (accessed

February 3, 2023).

16.           Joyce White Vance, “The Justice Department Is Suing Georgia. Don’t Expect Garland to End There,” The Washington Post, June 29, 2021, https://www.washingtonpost.com/outlook/2021/06/29/merrick-garland- suing-georgia-voting/ (accessed February 3, 2023); David Nakamura and Devlin Barrett, “Justice Dept. Sues Texas Over State Redistricting Maps, Citing Discrimination Against Latinos,” The Washington Post, December 6, 2021, https://www.washingtonpost.com/national-security/texas-maps-garland-latinos-

justice/2021/12/06/4011ce78-56aa-11ec-9a18-a506cf3aa31d_story.html (accessed February 3, 2023); Holmes Lybrand and Paul LeBlanc, “Justice Department Sues Arizona Over New Election 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).


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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). See also Richard C. Pilger, ed., Federal Prosecution of Election Offenses, 8th Edition, U.S. Department of Justice, December 2017, pp. 56–58, https://www.justice.gov/criminal/file/1029066/download (accessed February 4, 2023).

80.           See U.S. Department of Justice, “Capital Eligible Statutes Assigned by Section,” https://www.justice. gov/archives/jm/criminal-resource-manual-71-capital-eligible-statutes-assigned-section (accessed February 5, 2023).

81.           See U.S. Department of Justice, “Contact List: District Election Officers,” October 31, 2022, p. 1, https://www. justice.gov/criminal/file/1329606/download (accessed February 4, 2023).

82.           Pennsylvania Department of State, “Pennsylvania Provisional Voting Guidelines,” October 21, 2020, Version 1.1,

p.  2,  https://www.dos.pa.gov/VotingElections/OtherServicesEvents/Documents/PADOS_ProvisionalBallots_

guidance_1.0.pdf#page=2 (accessed February 4, 2023).

83.           52 U.S. Code § 21082, https://www.law.cornell.edu/uscode/text/52/21082 (accessed February 4, 2023).

84.           Pennsylvania General Assembly, SB 422, Pennsylvania Election Code—Omnibus Amendments, Act of March 27, 2020, P.L. 41, No. 12, Section 1302-D, https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.

cfm?txtType=HTM&yr=2020&sessInd=0&smthLwInd=0&act=12 (accessed February 4, 2023).

85.           In re November 3, 2020 General Election, 240 A.3d 591 (Pa. 2020), https://www.leagle.com/decision/

inpaco20201026a01 (accessed February 4, 2023).

86.           U.S. Department of Justice, “Enforcement of Civil Rights Criminal Statutes,” https://www.justice.gov/jm/jm- 8-3000-enforcement-civil-rights-criminal-statutes (accessed February 4, 2023); U.S. Department of Justice,

“Capital Eligible Statutes Assigned by Section,” updated January 17, 2020, https://www.justice.gov/archives/jm/ criminal-resource-manual-71-capital-eligible-statutes-assigned-section (accessed February 4, 2023).

87.           Garland Memorandum, October 4, 2021.

88.          See Viola M. Garcia, President, NSBA, and Chip Slavin, Interim Executive Director and CEO, to President Joseph R. Biden, “Re: Federal Assistance to Stop Threats and Acts of Violence Against Public Schoolchildren, Public School Board Members, and Other Public School District Officials and Educators,” September 29, 2021, https://s3.documentcloud.org/documents/21098209/nsba-letter-to-president-biden-concerning-threats-to- public-schools-and-school-board-members-929211.pdf (accessed February 4, 2023). Emphasis in original.

89.           See letter from Todd Rokita, Indiana Attorney General; Steve Marshall, Alabama Attorney General; Treg R. Taylor, Alaska Attorney General; Mark Brnovich, Arizona Attorney General; Leslie Rutledge, Arkansas Attorney General; Christopher M. Carr, Georgia Attorney General; Derek Schmidt, Kansas Attorney General; Daniel Cameron, Kentucky Attorney General; Eric S. Schmitt, Missouri Attorney General; Austin Knudsen, Montana Attorney General; John M. O’Connor, Oklahoma Attorney General; Alan Wilson, South Carolina Attorney General; Jason R. Ravnsborg, South Dakota Attorney General; and Ken Paxton, Texas Attorney General to President Joseph R. Biden, Jr., and Attorney General Merrick B. Garland, Attorney General, “Re: NSBA’s Fraud on the American People,” October 26, 2021, https://www.texasattorneygeneral.gov/sites/default/files/global/ images/DOJ%20Letter%20based%20on%20NSBA%20Apology%20Letter%20%2010.26.21%20final.pdf (accessed February 4, 2023). Cited hereafter as Rokita et al. Letter, October 26, 2021.

90.           Philip G. Kiko, Final Report on the Events Surrounding the National School Boards Association’s September 29, 2021, Letter to the President, n.d., https://www.nsba.org/-/media/Files/NSBA-Report.

pdf?la=en&hash=A001354D23C9AE88B54D398270C9790D91B01FF9 (accessed February 4, 2023); news release, “NSBA Announces Completion of Independent Review; Takes Action Based on Findings,” National School Boards Association, May 20, 2022, https://www.nsba.org/News/2022/independent-review#:~:text=In%20February%20 2022%2C%20the%20National%20School%20Boards%20Association,and%20assistance%20with%20events%20 at%20school%20board%20meetings. (accessed February 4, 2023).

91.           Rokita et al. Letter, October 26, 2021.

92.           State of New York, State of Connecticut, State of New Jersey, State of Washington, Commonwealth

of Massachusetts, Commonwealth of Virginia, State of Rhode Island, City of New York v. United States Department of Justice, 964 F.3d 150 (2d Cir. 2020), https://casetext.com/case/new-york-v-us-dept-of-justice-1 (accessed February 4, 2023).


2025 Presidential Transition Project

 

93.           H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, 116

Stat. 2135, https://www.congress.gov/107/plaws/publ296/PLAW-107publ296.pdf (accessed February 3, 2023).

94.           See, for example, 8 U.S. Code §§ 1103(a)(1) and 1103(g), https://www.law.cornell.edu/uscode/text/8/1103 (accessed February 3, 2023).

95.           See, for example, 8 U.S. Code §§ 1324–1326, https://www.law.cornell.edu/uscode/text/8/chapter-12/ subchapter-II/part-VIII (accessed February 3, 2023).

96.           Press release, “Justice, Labor Departments Reach Settlements with Facebook Resolving Claims of Discrimination Against U.S. Workers and Potential Regulatory Recruitment Violations,” U.S. Department

of Justice, October 19, 2021, https://www.justice.gov/opa/pr/justice-labor-departments-reach-settlements-

facebook-resolving-claims-discrimination-against (accessed February 3, 2023).

97.           “Every four years, just after the Presidential election, the ‘United States Government Policy and Supporting Positions,’ commonly known as the Plum Book, is published, alternately, by the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Government Reform.” Senate Committee Print No. 114-26, United States Government Policy and Supporting Positions, Committee on Homeland Security and Governmental Affairs, U.S. Senate, 114th Cong., 2nd Sess., December 1, 2016, p. iii, https://www.govinfo.gov/content/pkg/GPO-PLUMBOOK-2016/pdf/GPO-PLUMBOOK-2016.pdf

(accessed February 5, 2023).

98.           Allen J. Beck, “Race and Ethnicity of Violent Crime Offenders and Arrestees, 2018,” U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Statistical Brief No. NCJ 255969, January 2021, https:// bjs.ojp.gov/content/pub/pdf/revcoa18.pdf (accessed February 3, 2023).

 

 

 

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://www.history.navy.mil/content/dam/museums/hrnm/Education/EducationWebsiteRebuild/RussianPropagandaAboutGermany/

https://byjus.com/free-ias-prep/difference-between-communism-capitalism-and-socialism/

https://www.investopedia.com/articles/personal-finance/082415/pros-and-cons-capitalist-vs-socialist-economies.asp

https://www.oneplace.com/ministries/changing-worldviews/read/articles/difference-between-socialism-and-communism-9441.html

https://www.crossingbordersnk.org/communism-and-dictatorship-in-north-korea?utm_source=google&utm_medium=ppc&utm_id=google-ad-grant&gad_source]

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?

 

 

THÁNG 4-2024

 

THÁNG 3-2024

 

 

MINH THỊ

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. 

DÂN TỘC VIỆT NAM PHẢI TỰ QUYẾT ĐỊNH LẤY VẬN MỆNH CỦA MÌNH CHỨ KHÔNG THỂ VAN NÀI, CẦU XIN ĐƯỢC TRỞ THÀNH QUÂN CỜ PHỤC VỤ CHO LỢI ÍCH CỦA NGOẠI BANG VÀ NHỮNG THẾ LỰC QUỐC TẾ. 

 

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